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

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1 Far North District Council John Butler Centre Kerikeri Road Kerikeri Attention Ms Louise Wilson 30 May 2018 Dear Louise, BAY OF ISLANDS PLANNING LIMITED 2 Totara Place, Kerikeri PO Box 795 Kerikeri Phone [ 09 ] ; info@bayplan.co.nz Re ; Proposed Boundary Adjustment Lot 2 DP and Lot 1 DP 53128, Doves Bay Road, Kerikeri. 1.0 INTRODUCTION 1.1 We have received instructions to assist with the undertaking of a boundary adjustment between two adjoining property owners at Doves Bay Road, Doves Bay, Kerikeri. The application involves a site of some ha and ha the former being zoned General Coastal and the later Coastal Residential. 1.2 The application involves the transfer of some 166m2 from the larger site to the smaller site. The land transfer will regularize the presence of landscape features and retaining structures used by the smaller site which are currently located in the adjoining larger property. In addition it will ensure compliance with the boundary setbacks and height to boundary rules despite Council having issued the Code Compliance Certificate relative to the dwelling house on the smaller site. 2.0 LAND BACKGROUND 2.1 The two properties are detailed below Legal Description Land Area District Plan Zone Lot 1 DP ha General Coastal Lot 1 DP ha Coastal Residential

2 Lot 1 DP Lot 1 DP FNDC District Zone Maps 3.0 PROPOSED BOUNDARY ADJUSTMENT 3.1 The boundary adjustment entails the transfer of some 166m2 from Lot 1 DP to Lot 1 DP This is depicted in the extract from the Scheme Plan prepared by Donaldson s Survey

3 3.2 The proposed boundary adjustment includes the existing landscape and garden features as well as attaining compliance with the height to boundary rules. The following Google Street View picture shows the layout of the area being transferred

4 4.0 FAR NORTH DISTRICT PLAN Zoning 4.1 The Far North District Council Operative District Plan depicts Lot 1 DP within the General Coastal Zone and Lot 1 DP in the Coastal Residential Zone. 4.2 The District Plan also identifies natural features which should be assessed when making a resource consent application. TheRe are no features shown on the Resource Maps which affect either property. Subdivision Standards 4.3 The General Coastal Zone has a minimum lot size of 20ha and the Coastal Residential Zone an area of 3000m2. In both situations each lot as exists and upon the boundary adjustment would not comply with the minimum lot size. 4.4 The District Plan allows for a boundary adjustment subdivision in terms of the following rule BOUNDARY ADJUSTMENTS: ALL ZONES EXCEPT THE RECREATIONAL ACTIVITIES AND CONSERVATION ZONES Boundary Adjustments Performance Standards Boundary adjustments to lots may be carried out as a controlled (subdivision) activity provided that: (a) there is no change in the number and location of any access to the lots involved; and (b) there is no increase in the number of certificates of title; and (c) the area of each adjusted lot complies with the allowable minimum lot sizes specified for the relevant zone, as a controlled activity in all zones except for General Coastal or as a restricted discretionary activity in the General Coastal Zone (refer Table ); except that where an existing lot size is already non-complying the degree of noncompliance shall not be increased as a result of the boundary adjustment; and (d) the area affected by the boundary adjustment is within or contiguous with the area of the original lots; and (e) all boundary adjusted sites must be capable of complying with all relevant land use rules (e.g building setbacks, effluent disposal); and (f) all existing on-site drainage systems (stormwater, effluent disposal, potable water) must be wholly contained within the boundary adjusted sites. Applications under this rule will not be notified but where these conditions cannot be met the application will be considered under the relevant zone rules set out in Rules to

5 4.5 In terms of the above the only aspect which is not attained relates to sub clause (c). This is by reason the area of Lot 1 DP is reduced further below the 20ha minimum and technically the area being transferred is below the 20ha minimum. This being the case the application would be assessed as a Non- Complying Activity. 4.6 In terms of the Act, before such an application can be determined, the activity must demonstrate compliance with one or both of the following the effects on the environment are not more than minor; and / or the activity is not contrary to the relevant objectives and policies of the relevant plan. 5.0 ASSESSMENT OF THE EFFECTS 5.1 For the purpose of this application given the nature and scale of what is being sought it is considered the following Fourth Schedule assessment adequately addresses the effect of the activity on the environment. Requirements for Assessment of Environmental Effects Table 1. 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. 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). Refer to Table below. For the purposes of this application the relevant provisions relate to the Far North District Council District Plan. No other higher order documents are considered to apply.

6 Fourth Schedule Status 2(2) An assessment against Fourth Schedule Items a) any relevant objectives, policies, or rules in a document; b) any relevant requirements, conditions, or permissions in any rules in a document; and Comments Refer to assessment below. N/a. c) any other relevant requirements in a document (for example, in a national environmental standard or other regulations). The site is not defined as a HAIL in terms of the NES Regulations. 2(3) An assessment of the activities effects on the environment that 3 Additional information required in some applications 4 Additional information required in application for subdivision consent 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)): 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)). The application includes detail which addresses the effects of the activity on the environment. There are no Permitted Activity rules applying to the application. Not applicable. Not applicable. 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 Refer to the Scheme Plan.

7 Fourth Schedule Status Fourth Schedule Items Comments 5 Additional information required in application for reclamation 6 Information required in assessment of environmental effects 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. Not applicable as the site is separated from the Coastal Marine Area by an existing Marginal Strip. These are shown on the scheme plan. Not applicable. Not applicable. N/a. 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 significant adverse effect. The application is establishing boundaries lines around existing physical features on the properties. Refer to Table below. 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: N/a.

8 Fourth Schedule Status Fourth Schedule Items 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: Comments N/a. 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: 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: The application is not considered as requiring any consultation given the nature and scale of the application. The proposal does not result in any physical changes or effects from what is already present within the application site. Other than monitoring of the subdivision conditions of consent no additional monitoring is required. 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). These matters are not known to apply to the application site. 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 1) An assessment of the activity's effects on the environment must address the following matters:

9 Fourth Schedule Status assessment of environmental effects Fourth Schedule Items 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: Comments The application amends the existing boundaries around the exiting features between the two properties. These facilities within the sites contribute to the social and economic well being of the applicants and do not extend beyond the property boundary. The presence of the activities is known and no adverse effects are known to exist. The subdivision does not alter the physical characteristics of the services, facilities or buildings within the application site. The application is just relocating the common boundary. The application does not affect plants, animals or habitats. 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: e) any discharge of contaminants into the environment, including any unreasonable emission of noise, and options for the treatment and disposal of contaminants: The existing services, facilities and buildings are approved or authorised under the relevant planning regime. Matters of this nature are considered to have been addressed through those former processes. Overall the application is relocating lines on a plan to create a survey boundary from one site to the other. No discharge of contaminate is included within the application. f) any risk to the neighbourhood, the wider community, or the environment through natural hazards or the use of hazardous substances or hazardous installations. Activities of this nature do not apply to the application site.

10 Fourth Schedule Status Fourth Schedule Items Comments 2) The requirement to address a matter in the assessment of environmental effects is subject to the provisions of any policy statement or plan. Table 2 6.1) b) an assessment of the actual or potential effect on the environment of the activity: Effect Potential Effects Intensity of Development Service Capacity Storm water Management Wastewater Disposal Consideration 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. Subdivision of existing situations does not in itself give rise to any environmental effects, rather it creates an opportunity for potential effects to arise in relation to future activities and development on the new allotments. In general terms these potential effects relate to 'intensity' of development, service capacity, amenity, and character changes in relation to the local environment. In respect of this application all the facilities, structures and services already exist on the property. There is no change. The building intensity does not alter as a result of the application as the structures are already present. These make up the existing environment. The effect of the subdivision is to shift the existing common boundary. As such it would not be out of context to this locality. The application site has all necessary services. The subdivision does not result in any additional storm water runoff generated by the impermeable surfaces as all defined surfaces are present on the application site. The existing storm water mitigation measures and management system are in place. In other words the subdivision does not create any different storm water effects from that which currently exist. All sites as necessary have a connection to the existing reticulated waste water disposal system.

11 Traffic and Car parking Effects Visual Effects Amenity Character of Local Environment Cumulative effects No new additional traffic movements are being created from the application site given the existing development on the site. The subdivision will not in itself create any visual effects as the sites area already developed. There is not considered to be any change in the amenity of the area by reason of the existing development of the application site. The immediate locality of the site has a residential l focus with the range, size, scale and presence of services, facilities and buildings reflecting this. The application does not distract from this character. The subdivision is not considered to have cumulative effects beyond the boundary given the existing presence of the structures, facilities and services on the property. The boundary adjustment is therefore considered to not have any adverse cumulative effect. Summary 5.2 Based on the above analysis, the potential effects of the proposal on the environment are considered to be less than minor if not negligible. Cumulative effects are not considered likely to arise within the application site given that the application is only relocating an existing boundary around existing facilities. 6.0 OBJECTIVES AND POLICIES 6.1 The objective and policies of the General Coastal Zone and that of the Coastal Residential Zone are technically required to be assessed. A review of these objectives and policies does not identify any inconsistency with or conflict. Both sites sit within the Coastal Environment and the activity is not having any effect upon the coastal environment nor the natural character. There are no visual or landscape effects from the activity with the overall activity preserving the natural character and the natural and physical resources of the two properties. 7.0 PART II 7.1 The application is not considered to raise any issue in terms of Part II of the Act. The application is considered to manage the natural and physical resources in manner which has not effect upon or beyond the property boundaries.

12 8.0 CONCLUSIONS 8.1 In terms of Section 104 D it has been determined the effects on the environment are no more than minor and the proposal is not contrary to the relevant objectives and policies. 8.2 The application is being presented as a practical solution to accommodate a situation which has evolved with unintended consequences through the sale and purchase of the smaller site. Both applicants want to regularize the dilemma which has been created. 8.3 Please do not hesitate to contact this office should you require any additional information. Yours faithfully, Jeff Kemp. NZPI Principal.

13 To the Far North District Council: Form 9 APPLICATION FOR RESOURCE CONSENT Section 88, Resource Management Act 1991 We, G M Coyte and Anchor Financial Limited, apply for the following type of resource consent: Subdivision [ Boundary Adjustment of Freehold Titles] around existing landscape features and site facilities. The location of the proposed activity is as follows: The property is located at Doves Bay Road, Kerikeri and have the legal description of Lot 2 DP and Lot 1 DP Owners of the land are the applicants. 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; Certificates of Title; Plan of Subdivision entitled PROPOSED BOUNDARY ADJUSTMENT BETWEEN LOT 1 DP & LOT 1 DP OPTION 1, Job: 7217, dated 16 May 2018[ prepared by Donaldsons ]. As this is an application for a subdivision consent, we attach information that is sufficient to adequately define: (a) the position of all new boundaries; and (b) the areas of all new allotments; and (c) the location and areas of new reserves to be created, including any esplanade reserves and esplanade strips; and (d) the location and areas of any existing esplanade reserves, esplanade strips, and access strips; and

14 (e) (f) the locations and areas of land below mean high water springs of the sea, or of any part of the bed of a river or lake, to be vested in the Crown or local authority under section 237A of the Resource Management Act 1991; and the locations and areas of land to be set aside as new roads.... Date: 30 May 2018 J. V. Kemp on behalf of G M Coyte and Anchor Financial Limited. Address for service: Bay of Islands Planning Limited, PO Box 795, Kerikeri 0245 Telephone: (09) info@bayplan.co.nz

15 PROP BDY BDY PROPBDY PEG BDY Scrub Diagram A 1.20m clearance Hedge 2m 45 GL m eave to proposed boundary Eave LOT ha Scrub Grassed 1.92 Power pole & Telecom plinth concrete entrance Information compiled by R. J. Donaldson & Associates Ltd may not be reproduced without their written consent Diagram B 2m 45 GL eave to proposed boundary Eave m clearance HEIGHT TO BOUNDARY CLEARANCES FROM PROPOSED NEW BOUNDARY Crown Land Marginal Strip 20m and over wide General Coastal zone Part lot 1 DP contained in Lot 2 hereon 166 m² Retaining wall Proposed boundary Planter box Bdy corner zone boundary Coastal Residential zone See diag B 4.02m offset from eave 33m² gravel pathways LOT m² See diag A 3.49m offset from eave 4.02 Septic tank Retaining wall 7 m² timber deck m² Building conc timber deck 25 m² steps 5 m² 2 DP m² concrete DOVES BAY ROAD Lot 2 impermeable surface areas Concrete 143 Roof 337 Paths 33 Decks 37 Total 550 m² 550 / 1462 = 38% Permitted in CR zone is 50% rule Permitted setback in Coastal zone is 3.0 rule Kerikeri Inlet MHWM adopted from DP Lot 2 DP G M Coyte Title : NA9D/307 CT area : ha Zone : General Coastal Lot 1 DP Anchor Financial Limited Title : NA18D/262 CT area : 1462m² Zone : Coastal Residential PROPOSED BOUNDARY ADJUSTMENT BETWEEN LOT 1 DP & LOT 1 DP OPTION 1 Scale at A2 1: scheme plan at A2 Date: 16 May 2018 JOB: 7217 land / engineering surveyors & development planners - national bank building, 90 kerikeri road, kerikeri, northland, new zealand em: info@donaldsons.net.nz - p: f:

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