Subject: LGOIMA87 Property Files for Lot 3 DP (Jebemi Ltd) & Lot 100 DP (previously Lot 4 DP ) (Matope Investments Ltd) Job 2309

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1 From: Sent: To: Cc: Subject: Administration Requests Monday, 6 August :25 PM Administration Requests FW: LGOIMA87 - Property Files for Lot 3 DP (Jebemi Ltd) & Lot 100 DP (previously Lot 4 DP ) (Matope Investments Ltd) - Job 2309 Hi Thank you for your request for information relating to Lot 3 DP and Lot 100 DP under the Local Government Official Information and Meetings Act Please find below a link to a drop box which contains the information requested for Lot 3 DP The application is currently suspended by the applicant. Council has a resource consent application for Matope but not for the legal description above. Regards Linda Linda Osborne Administration Manager Kaipara District Council, Private Bag 1001, Dargaville 0340 Freephone: council@kaipara.govt.nz From: Sent: Tuesday, 17 July :24 a.m. To: Council <Council@kaipara.govt.nz> Cc: Subject: LGOIMA87 Property Files for Lot 3 DP (Jebemi Ltd) & Lot 100 DP (previously Lot 4 DP ) (Matope Investments Ltd) Job 2309 For the attention of Regulatory Services, Kaipara District Council Pursuant to the Local Government Official Information & Meetings Act We hereby request the property files for: Lot 3 DP (Jebemi Ltd) 49 Devich Rd, Mangawhai Lot 100 DP (Matope Investments Ltd) 49 Devich Rd, Mangawhai We are particularly interested in any subdivision consents and associated engineering reports, with particular regard to upgrading of the access, culverts, & neighbours consents or otherwise. Our client owns the neighbouring property (Lot 7 DP d Devich Rd), and we are preparing to lodge a subdivision consent application. Please let me know if you expect the fee for this information to exceed $50, and please phone or the writer if you have any questions. 1

2 Regards, 2

3 From: Sent: To: Subject: Prasad Sappa Friday, 1 December :00 PM Dwayne Daly RE: Scope of JOAL Upgrading Works Hi Dwayne I have reviewed the report by Civix engineering design, and aerial view of the right of way, and works involved for the widening the right of way, increase the curve radius at 59 G, vehicle crossing upgrade works, and extension of culvert upgrade works will have impact on the traffic movements for all the properties using this right of way. As such this application shall be a notify consent Regards Prasad Sappa Development Engineer Kaipara te Oranganui Kaipara District Council, Private Bag 1001, Dargaville 0340 Mobile: Freephone: Ext: 676 psappa@kaipara.govt.nz rmaconsents@kaipara.govt.nz From: Dwayne Daly Sent: Friday, 1 December :17 a.m. To: Prasad Sappa <psappa@kaipara.govt.nz> Subject: FW: Scope of JOAL Upgrading Works Hi Prasad Stantec have not addressed our query so I m going to have to ask for your help with this. For RM170208, we are potentially going to be required to notify this consent (subject to legal advice) because of the works required on the existing JOAL (Lot 9). Appendix 9 of the application addresses what is required (attached). I have also included the Stantec Engineering Report for your reference. Basically, we need to know the extent of the works on the JOAL and which properties would have their access interrupted by those works. I have had a read of the report in Appendix 9 and it looks (from a non-engineer s perspective) like the whole JOAL is to be upgraded to some extent. However, I would be very grateful if you could provide a comment on this. Regards, Dwayne Dwayne Daly Planner Resource Consents Mangawhai Office: Unit 6, The Hub, 6 Molesworth Drive, Mangawhai 0505 Kaipara District Council, Private Bag 1001, Dargaville 0340 Freephone: ddaly@kaipara.govt.nz council@kaipara.govt.nz From: Dwayne Daly Sent: Friday, 1 December :12 a.m. To: 'O'Reilly, Kathryn' <Kathryn.OReilly@stantec.com> Subject: RE: Scope of JOAL Upgrading Works Hi Kathryn - I will ask Prasad to look into it. Regards, Dwayne 1

4 Dwayne Daly Planner Resource Consents Mangawhai Office: Unit 6, The Hub, 6 Molesworth Drive, Mangawhai 0505 Kaipara District Council, Private Bag 1001, Dargaville 0340 Freephone: ddaly@kaipara.govt.nz council@kaipara.govt.nz From: Dwayne Daly Sent: Tuesday, 28 November :38 a.m. To: 'O'Reilly, Kathryn' <Kathryn.OReilly@stantec.com> Subject: RE: Scope of JOAL Upgrading Works Hi Kathryn If you are unable to look into this, can you let me know as I can ask Prasad to review the file and let us know. By the way the that was addressed to Lorraine only seemed to have been sent to me (maybe). Regards, Dwayne Dwayne Daly Planner Resource Consents Mangawhai Office: Unit 6, The Hub, 6 Molesworth Drive, Mangawhai 0505 Kaipara District Council, Private Bag 1001, Dargaville 0340 Freephone: ddaly@kaipara.govt.nz council@kaipara.govt.nz From: Dwayne Daly Sent: Wednesday, 22 November :26 a.m. To: 'O'Reilly, Kathryn' <Kathryn.OReilly@stantec.com> Subject: RE: Scope of JOAL Upgrading Works Hi Kathryn Any word on the JOAL yet? Thanks Dwayne Dwayne Daly Planner Resource Consents Mangawhai Office: Unit 6, The Hub, 6 Molesworth Drive, Mangawhai 0505 Kaipara District Council, Private Bag 1001, Dargaville 0340 Freephone: ddaly@kaipara.govt.nz council@kaipara.govt.nz From: O'Reilly, Kathryn [mailto:kathryn.oreilly@stantec.com] Sent: Monday, 13 November :48 a.m. To: Dwayne Daly <ddaly@kaipara.govt.nz> Subject: Re: Scope of JOAL Upgrading Works Hi Lorraine Could you have a look at this as I will not be able to if it in today. Give me a call if you need to discuss. Cheers Kathryn Get Outlook for ios From: Dwayne Daly <ddaly@kaipara.govt.nz> Sent: Friday, November 10, :13:25 PM To: O'Reilly, Kathryn Subject: RE: Scope of JOAL Upgrading Works 2

5 Hi Kathryn We have received legal advice that if there is impeded access, the neighbours should be considered affected parties. Could you clarify for us who would have impeded access on the basis of the engineering report submitted with the application. Thanks Dwayne Dwayne Daly Planner Resource Consents Mangawhai Office: Unit 6, The Hub, 6 Molesworth Drive, Mangawhai 0505 Kaipara District Council, Private Bag 1001, Dargaville 0340 Freephone: ddaly@kaipara.govt.nz council@kaipara.govt.nz From: Dwayne Daly Sent: Monday, 6 November :44 a.m. To: 'O'Reilly, Kathryn' <Kathryn.OReilly@stantec.com> Subject: Scope of JOAL Upgrading Works Hi Kathryn For RM170208, we are potentially going to be required to notify this consent (subject to legal advice) because of the works required on the existing JOAL (Lot 9). Appendix 9 of the application addresses what is required (attached). I have also included the Stantec Engineering Report for your reference. Basically, we need to know the extent of the works on the JOAL and which properties would have their access interrupted by those works. I have had a read of the report in Appendix 9 and it looks (from a non-engineer s perspective) like the whole JOAL is to be upgraded to some extent. However, I would be very grateful if you could provide a comment on this. Regards, Dwayne Dwayne Daly Planner Resource Consents Mangawhai Office: Unit 6, The Hub, 6 Molesworth Drive, Mangawhai 0505 Kaipara District Council, Private Bag 1001, Dargaville 0340 Freephone: ddaly@kaipara.govt.nz council@kaipara.govt.nz 3

6 23 May 2017 Katrina Roos Prinicipal Planner Kaipara District Council Private Bag 1001 Dargaville Dear Katrina, APPLICATION FOR SUBDIVSION CONSENT 59H DEVICH ROAD MANGAWHAI Please find enclosed a resource consent application on behalf of Jebemi Limited for a proposed Environmental Benefit Subdivision situated at 59H Devich Road, Mangawhai, legally described as Lot 3 DP Potential effects are considered to be less than minor and it is considered that the application be processed on a non-notified basis. Once we have a reference number, the Applicant will make a bank deposit to the Kaipara District Council for the processing of the application. If you have any questions arising from the application, please do not hesitate to contact the undersigned. Yours Sincerely, Dream Planning Ltd Kylie McLaughlin-Brown Planner / Landscape Architect Ph: (09) Fax: (09) kylie@dream-inc.co.nz PH FX P.O. BOX 123 MANGAWHAI

7 SUBDIVISION CONSENT APPLICATION Prepared for the Proposed Subdivision of 59H Devich Road Mangawhai Lot 3 DP into 4 freehold lots May 2017

8 Proposed Subdivision 59H Devich Road Mangawhai May 2017 TABLE OF CONTENTS 1.0 APPLICANT AND PROPERTY DETAILS THE PROPOSAL SITE AND NEIGHBOURHOOD DESCRIPTION REASONS FOR THE APPLICATION RELEVANT STATUTORY PROVISIONS Assessment of the Actual or Potential Effects 11 on the Environment 5.2 Assessment of Effects Objectives and Policies of the District Plan PURPOSE AND PRINCIPLES OF PART II OF THE RESOURCE MANAGEMENT ACT RESOURCE MANAGEMENT ACT Consultation and Section 95 of the RMA SECTION OTHER MATTERS CONCLUSION 30 APPENDICES Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 Appendix 6 Appendix 7 Appendix 8 Appendix 9 Scheme Plan Set Locality Diagram Certificate of Title Assessment Performance Standards Ecological Benefit Report Landscape Plan Geotechnical Report Subdivision Consent - RM Engineering Design Jointly Owned Access Lot Dream Planning Limited 1

9 Proposed Subdivision 59H Devich Road Mangawhai May APPLICANT AND PROPERTY DETAILS Site Address: Applicant s Name: Address for Service: 59H Devich Road Mangawhai Jebemi Limited Jebemi Limited C/o Dream Planning Ltd P.O Box 123 Mangawhai Legal Description: Lot 3 DP Attention: Kylie McLaughlin-Brown Total Area: ha District Plan: Operative District Plan November 2013 Zoning: Designations/ Special Limitations: Kaipara District Plan Rural Zone (Harbour Overlay) Nil Locality Diagram: Refer Appendix 2 Dream Planning Limited 2

10 Proposed Subdivision 59H Devich Road Mangawhai May EXECUTIVE SUMMARY Jebemi Limited (the Applicant ) seeks subdivision consent to subdivide an area of ha to create a total of four (three additional) freehold Environmental Benefit allotments. The subject site is legally described as Lot 3 DP and is situated at 59H Devich Road, Mangawhai. The subject site is currently vacant and contains a disused shed. The site is predominantly in pasture and dissected by a number of degraded gully systems. A degraded stream tributary forms the northern most boundary of the site and flows into the upper reaches of the Mangawhai Estuary. The site is currently grazed. The site also adjoins existing and consented rural residential development where the natural patterns have been enhanced by indigenous vegetation. The subject site has a 1/7 Share of Jointly Owned Access Lot ( JOAL ) Lot 9 DP which provides for the provision of legal access to the property. This access is required to be upgraded in accordance with Condition 5(d) of RM (attached as Appendix 8) which provided for the subdivision of the adjacent property to the south east into four freehold lots. The Engineering Plans for the access upgrade, which have been submitted to Council for Engineering Approval, are attached in Appendix 9. This property and development is also owned by the Applicant. Key characteristics and attributes of the proposed development include: The proposed development seeks to enhance the natural patterns on site, particularly the degraded gully system and stream tributary, contributing towards achieving principles associated with Integrated Catchment Management ( ICM ); The proposed development seeks to covenant the proposed areas of ecological enhancement planting; The site is located within the Mangawhai Growth Area within the District Plan which identifies the site within the greater growth area catchment; The subject site is within close proximity to existing rural residential development within the Devich Road catchment; The intent of the development is to create a cluster of lots situated within the natural patterns and proposed vegetation within the context of surrounding existing and consented rural residential development. Vegetation will be covenanted and protected and perpetuity and provides for an environmental benefit and also provides for softening of potential house sites from within the development and from adjacent properties. The development is also consistent with the Mangawhai Growth Area and is consistent with the Environmental Benefit provisions. Dream Planning Limited 3

11 Proposed Subdivision 59H Devich Road Mangawhai May THE PROPOSAL The sites can be provided with all necessary infrastructure including access, power and telephone. The sites are also stable and suitable for residential use and wastewater and stormwater can be adequately treated and disposed of onsite, a geotechnical report is attached as an Appendix to this application. Subdivision Environmental Benefit As detailed, the proposed subdivision provides for the creation of three additional Environmental Benefit sites resulting in 4 lots in total. The proposed subdivision provides for 1.5ha of Environmental Benefit planting and access via a Jointly Owned Access Lot (JOAL 101). The proposed and overall subdivision layout is demonstrated in the Scheme Plan Set attached in Appendix 1. Proposed Lot 1 has a total site area of 6735m² and includes the existing shed. Access will be via Devich Road and proposal JOAL 101. Proposed Lot 1 is bounded in the north and east by existing degraded gully systems. The remainder of the site is in pasture and is gently undulating. Proposed Lot 1 contains 3658m² of ecological enhancement planting. Proposed Lot 2 will have a total site area of ha. The northern most boundary of the site is formed by a degraded gully system which presently dissects the subject site. Access to the site will also be via Devich Road and JOAL 101. Proposed Lot 2 contains 6108m² of ecological enhancement planting. Proposed Lot 3 will have a total site area of 6628m² and is presently in pasture. Access to proposed Lot 3 will be via Devich Road and JOAL 101. Proposed Lot 3 contains 775m² of ecological enhancement planting. Proposed Lot 4 will have a total site area ha. The north western most boundary is formed by the degraded stream tributary which will be significantly enhanced by 4506m² of ecological enhancement planting. Access to proposed Lot 4 will be via Devich Road and JOAL 101. Management of the proposed revegetation will be undertaken and protected in perpetuity by way of conservation covenant. This proposed vegetation provides for ecological enhancement planting and also provides for screening from adjacent properties and from internally within the site. It will also provide for a substantive backdrop to proposed building platforms to ensure that the additional buildings will blend into the existing landscape. This vegetation will also provide for shelter from prevailing winds and connects to existing fingers of indigenous vegetation planted as part of restoration through an adjacent subdivision. The proposed covenanting of proposed vegetation and retiring these degraded gully systems and riparian margin from grazing will significantly enhance the ecological Dream Planning Limited 4

12 Proposed Subdivision 59H Devich Road Mangawhai May 2017 values of the site and surrounds as outlined in the attached Environmental Benefit Report. Design Approach When undertaking subdivision design our philosophy is to derive the subdivision and development pattern from the natural and cultural features of the landscape. This site is unique in that the subject site is dissected by an upper tributary which flows into the upper reaches of the Mangawhai Harbour and is also dissected by a gully system, these natural patterns essentially create a number of landscape units on site which have been utilised in the formation of boundaries and proposed house sites. These natural features are significantly degraded through being grazed and through weed infestation. These natural systems also link into a wider system of gully and stream systems and recent ecological enhancement planting. When determining the area of Environmental Benefit, it is important to look at the ecological features on site and within the wider landscape context. In this case, the site includes the riparian margin of the upper tributary a stream which flows into the upper reaches of the Mangawhai Harbour and links to adjacent rehabilitated gully systems. The proposed subdivision creates lots that are of a size and a regular shape which fit with the natural features of the site; this has been a key component of the proposed development. The proposed subdivision layout focuses on the successful integration of the development into the landscape by clustering the rural residential lots within the proposed vegetation and natural features of the site. The subject site is also within the Mangawhai Growth Area of the District Plan. The subject site is immediately situated amongst existing and recently consented rural residential development within the Devich Road catchment. Landscape and Ecological Enhancement Planting The subject site contains a stream tributary which flows into the upper reaches of the Mangawhai Harbour and a gully system with a pond which also connects into the stream tributary. Both the stream and gully system are significantly degraded through weed infestation and grazing activity. These systems form part of a wider landscape unit. The proposed development will provide for retiring these areas from grazing and significant ecological enhancement planting. The formal protection of this vegetation will significantly enhance the ecological benefits of this ecological unit on site and adjacent. A total of approximately 1.5ha of planting will be protected in perpetuity through proposed conservation covenant which will be subject to weed management, where required. Further detail in regard to the proposed ecological enhancement planting is provided for in the Environmental Assessment Report attached as Appendix 5. Dream Planning Limited 5

13 Proposed Subdivision 59H Devich Road Mangawhai May 2017 It is also proposed to undertake weed management including removal of noxious and invasive weed species. It is recommended that a Weed Management Plan be prepared as a requirement for condition of consent. The proposed ecological benefit revegetation planting provides for a total of approximately 1.5 hectare of native vegetation to be protected in perpetuity. This vegetation provides for significant ecological benefit as well as providing for significant screening and backdrop planting from within the site and from adjacent properties. The proposed planting will include a mix of eco-sourced native species appropriate to the locality. The planting will provide an extension of the vegetation adjacent further creating habitat for wildlife and food for birdlife. The planting will also enhance the landscape and amenity values of the site and surrounds. The enhancement planting and covenanting of the proposed vegetation allows for the alignment of the subdivision proposal with the Ecological Environmental Benefit option provided for under the Operative District Plan (the Plan ). Proposed vegetation will be protected in perpetuity as a result of the proposed subdivision by way of a Conservation Covenant. The Conservation Covenant will provide for legal protection as well as the ongoing maintenance and management of the areas once the planting has achieved canopy closure. Please refer to the Scheme Plan attached in Appendix 1 which shows the areas subject to Conservation Covenants. A Plant Species Schedule, comprising of entirely indigenous species has also been prepared and is attached as part of Appendix 5. The species selected are based on what is considered most appropriate to the Ecological District, site and surrounding landscape. It is recommended that a condition be imposed requiring that a Landscape Management Plan ( LMP ) and Weed Management Plan ( WMP ) be prepared by a qualified Landscape Architect and submitted to Council for approval prior to implementation of planting. The LMP should detail planting methods, species schedule, plant size, typical planting pattern and the management and maintenance regime for the proposed infill plantings. The management and maintenance period should be for a period of 5 years. This mechanism will ensure that an adequate level of information is provided so that the objectives and outcomes associated with the proposed landscaping are achieved. The WMP will provide weed identification and management eradication methods for potential weed species and weed species located within the remnant patch of vegetation. The WMP can be made available to future landowners in order to undertake weed management as required in perpetuity. Dream Planning Limited 6

14 Proposed Subdivision 59H Devich Road Mangawhai May 2017 Access The subject site is accessed via a private access legally described as Lot 9 DP The applicant recently undertook a subdivision (RM16017) of the site adjacent where consent conditions were imposed with respect to the upgrading of Lot 9 DP The proposed upgrading required by way of the adjacent subdivision via consent conditions is considered to be of a standard (with dual carriageway) which is more than adequate to provide for servicing of the additional 3 lots proposed as part of this application. It is understood that the Engineering Plans have been submitted to Council for approval. A copy of these plans are attached as Appendix 9. Given the applicant has undertaken the subdivision adjacent it is considered that the same JOAL upgrading consent conditions could be imposed on this decision to ensure that the work is undertaken in the event that this decision is approved prior to the upgrading work being undertaken. It is noted that the passing bay and upgrading to the culvert (required as part of Stage 1 of RM160174) has already been undertaken to the satisfaction of Council. Proposed Lots 1-4 will have shares of Lot 9 DP , to provide access to the proposed Lots from Devich Road. An amalgamation condition is included on the proposed Scheme Plan attached in Appendix 1. Proposed Lots 1-4 will gain access via JOAL 101 from internally within the development. Please note that a departure from Council Standards in relation to legal width requirement of the JOAL is sought as per the proposed Scheme Plan. The proposed legal width of the access is more than sufficient to provide for a complying carriageway and services. A newly created vehicle crossing will be required to be formed in line with Councils relevant Engineering Standards. It is considered that the proposed and existing access arrangement is safe and efficient. Overall, physical and legal access will be adequately provided to each lot of the proposed subdivision. JOAL Lot 9 DP will also be improved as a result of subdivision and RM (or whichever is undertaken first) as it is currently in a degraded state. Electricity and telecommunications Power and telephone connections can be adequately provided to the boundary of proposed Lots 1 to 4. Effluent and Stormwater Disposal Proposed Lots 1 to 4 are easily of a sufficient size and shape to accommodate complying onsite wastewater treatment and disposal systems and are each capable of ensuring adequate stormwater treatment and management. The Geotechnical Report attached in Appendix 7 provides information in regard to effluent and stormwater disposal in relation to each allotment. Dream Planning Limited 7

15 Proposed Subdivision 59H Devich Road Mangawhai May 2017 Water Supply Water supply to proposed Lots 1 to 4 will be via roof collection and tank storage. These lots are of sufficient size to ensure that water supply will comply with the New Zealand Fire Service Fire Fighting Water Supplies Code of Practice. Earthworks Earthworks will be required for the formation of the proposed JOAL, formation of driveways and building platforms (at the time of building consent). Given that the proposed access alignments fit with natural contours, it is considered that the earthworks will be shallow in nature and restricted to the cut and fill of soil on site. All earthworks will comply with permitted standards detailed under Rule of the District Plan. Geotechnical Matters A Geotechnical Report has been prepared for the proposed development by Wiley Engineering and this is attached as Appendix 7 to this AEE. The report demonstrates that the site is suitable for rural residential development and concludes that the ground conditions across the building platforms are considered to be suitable and specific recommendations are provided in the report and in regard to foundations, stormwater and wastewater disposal. 3.0 SITE AND NEIGHBOURHOOD DESCRIPTION Site Description Address and Location The subject site is located off Devich Road via Lot 9 DP Certificate of Title Lot 3 DP has a total of ha. Attached as Appendix 3 are the relevant certificate of titles and interests. Access Access to the site is provided via Lot 9 DP from Devich Road. Topography / Vegetation The site is undulating and is dissected by significant degraded gully systems. The site contains scattered indigenous vegetation within the gully systems and within the Dream Planning Limited 8

16 Proposed Subdivision 59H Devich Road Mangawhai May 2017 site, weed species and also shelterbelt planting along the south western boundary of the site. Relevant Planning Notations The site forms part of the upper reaches of the Mangawhai Harbour Environment and is zoned Rural (Harbour Overlay). The site is also within the Mangawhai Growth Area as identified in the District Plan. Please refer to Appendix 2 for the Locality Diagram and refer to Appendix 3 for the Certificate of Title. Surrounding Environment The surrounding area is characterised by a range of allotment sizes. The site is situated adjacent to a cluster of more recently developed and approved (yet to be developed) rural residential sites around the 4000m² range. Larger rural and lifestyle Lots are also present. 4.0 REASONS FOR THE APPLICATION Environmental Benefit Having regard to the Operative Plan November 2013 and the various subdivision options provided, the proposal has been developed to align where possible with an Environmental Benefit subdivision in accordance with Rule In accordance with Rule , subdivision within the Rural Zone (Harbour Overlay) is a Restricted Discretionary Activity, if it meets the terms of subdivision that are set out under this rule. Having regard to the terms of subdivision relevant to the proposal under this rule, please refer of the following: a) Permanent physical and legal protection of an ecological, public access, landscape or riparian margin Environmental Benefit(s) within the site shall be achieved; and All proposed planting areas will be protected in perpetuity as a result of the proposed subdivision by way of Conservation Covenant. Conservation Covenants will be registered over these areas at the time of subdivision (Section 223 and Section 224 Certificate requirements) providing for the ongoing legal protection and management and maintenance. The entire feature shall be protected; and All of the proposed features described and shown on the Scheme and Landscape Plans attached will be protected. Dream Planning Limited 9

17 Proposed Subdivision 59H Devich Road Mangawhai May 2017 b) The Environmental Benefit meets the minimum size requirements relevant to the type of Environmental Benefit proposed listed below: i. An Ecological Environmental Benefit shall be a minimum of 0.5ha; or Ecological Environmental Benefit is proposed and will include a total of 1.5ha of indigenous landscape planting protection. Based on the above, the proposal meets the minimum Ecological Environmental Benefit area criteria to create 3 additional allotments. c) No more than three Environmental Benefit Lots can be created per site in perpetuity (these can be created by either one subdivision consent or up to three consecutive consents), and No more than three Environmental Benefit Lots are being created. d) Each Environmental Benefit Lot shall have a minimum net site area of 4,000m² with an area of at least 2,500m² exclusive of the area being permanently protected, to accommodate a dwelling and associated wastewater treatment and disposal system; and Proposed sites are greater than 4000m² while an area of at least 2,500m² (exclusive of the area being permanently protected) is available to accommodate a dwelling and associated wastewater treatment and disposal systems within each of the proposed allotment areas. e) Any balance lot created shall be a minimum net site area of 4,000m²; and The proposal complies with the above requirement as shown on the Scheme Plan attached as an Appendix to this application. f) The proposed subdivision complies with the relevant Performance Standards in Section and of this Chapter; and An assessment of the proposal has been undertaken against the relevant Performance Standards contained in Section and of the Rural Chapter and it is considered that the proposed development complies. g) Only one Consent for a Restricted Discretionary (subdivision) Activity in terms of an Environmental Benefit subdivision can be granted in respect of a site or any specified portion of a site and the provisions contained within this rule can be used only once for each specified portion of the site (noting that as provided for by d) above, the maximum number of Environmental Benefits Lots per 'site' shall remain a maximum of three overall); This is the first Environmental Benefit subdivision that has been undertaken for both Lots. Dream Planning Limited 10

18 Proposed Subdivision 59H Devich Road Mangawhai May 2017 Summary Overall, the application is considered to be a Restricted Discretionary Activity under the Operative Plan. 5.0 RELEVANT STATUTORY PROVISIONS The Act sets out the framework for assessing a Restricted Discretionary Activity resource consent application. 5.1 ASSESSMENT OF THE ACTUAL OR POTENTIAL EFFECTS ON THE ENVIRONMENT Pursuant to s88 (4)(b) of the Act an application for a resource consent shall include an assessment of any actual or potential effects that the activity may have on the environment, and the ways in which any adverse effects may be mitigated. Section 88 of the RMA stipulates that an assessment of effects shall be in such detail as corresponds with the scale and significance of the actual or potential effects that the activity may have on the environment and shall be prepared in accordance with the Fourth Schedule to the Act. The assessment of effects of a proposal can be determined by reference to: The matters listed in the Fourth Schedule of the RMA The policies and objectives of the relevant district plan(s) The objectives, policies and strategies of any relevant regional planning and policy documents The purpose and principles of the RMA 5.2 ASSESSMENT OF EFFECTS SUBDIVISION Having regard to the Operative Plan November 2013 and the various subdivision options provided, the proposal has been developed to align as much as practical with an Environmental Benefit subdivision in accordance with Rule General Subdivision i) The matters for control listed in Rule ; The following is an assessment against those matters for control listed under Rule : Dream Planning Limited 11

19 Proposed Subdivision 59H Devich Road Mangawhai May 2017 i) Compliance with the performance standards for all subdivision contained in Section 12.15; The proposal has been assessed against the Performance Standards in Section and complies, as detailed in the attached assessment outlined in Appendix 4 with this application. ii) That site(s) is adequately serviced and/or services on-site are managed, in particular the extent to which: o The subdivision complies with the requirements of the relevant performance standards in the Kaipara District Council Engineering Standards 2011 or has been confirmed as appropriate by Council's Engineer; The proposed subdivision has been designed to comply with the requirements of the relevant Performance Standards in the Kaipara District Council Engineering Standards. o The subdivision incorporates the principles of Low Impact Storm water Design; Stormwater management for the proposed allotments can be designed in such a manner to ensure that post development stormwater flows are similar in nature to pre-development flows. o Reticulated services can be placed underground with minimal disturbance to vegetation and landform. Or, for overhead reticulation, the extent to which it is placed as unobtrusively as possible and additional measures are taken as necessary to avoid, any potential adverse visual effects; Water supply can be provided to potential house sites via roof collection and tank storage. iii) That the location and design of allotment boundaries and building areas avoids potential reverse sensitivity effects including reverse sensitivity conflict with existing utilities and has regard to the objectives and policies of Chapter 10; The proposed subdivision has been designed in such a manner whereby potential conflicts between incompatible land use activities will be avoided (including the avoidance of reverse sensitivity effects). iv) That appropriate development within the site(s) is proposed, in particular the extent to which: Dream Planning Limited 12

20 Proposed Subdivision 59H Devich Road Mangawhai May 2017 o The proposed lots are able to comply with the Land Use Performance Standards in Section 12.10; Proposed Allotments can comply with the Land Use Performance Standards. An assessment of the proposal in relation to the standards is attached as Appendix 4 to this report. o The location of building areas or site accesses can avoid dominating the natural landscape or detracting from visual amenity values in the area; The potential building platforms have been situated in visually unobtrusive locations and are separated by a combination of proposed ecological enhancement planting and existing vegetation patterns. Access to each allotment generally utilises existing access arrangements where possible to avoid domination of the natural landscape and detraction from the visual amenity values of the area and will be screened by proposed planting. The proposed ecological enhancement planting will provide for screen planting from within the development and from surrounding properties and will enhance the amenity values of the site and surrounds and will be protected in perpetuity. Overall, it is considered that the landscape and amenity values associated with the site and immediate surrounds will be enhanced as a result of the development and the visual and aural privacy effects on the immediate and adjacent surrounds will be less than minor. o Any building areas or earthworks required for building areas or sites accesses will avoid or minimize impacts from natural hazards; The topography of the subject site is gentle to moderately sloping in parts. The location of the potential building platforms has been identified in an area which is gentle sloping, away from any known areas of natural hazards. A Geotechnical Report is attached to this application, which demonstrates that potential building platforms are suitable and stable. o The location of proposed allotment boundaries, building areas and driveways or right of ways avoid potential conflicts between incompatible land use activities; The proposed subdivision (including boundaries, proposed building areas, access arrangement) has been designed in such a manner whereby potential conflicts between incompatible land use activities will be avoided. Dream Planning Limited 13

21 Proposed Subdivision 59H Devich Road Mangawhai May 2017 The surrounding land use is predominantly rural residential living and properties adjacent which are used for farming purposes will continue. o The location of proposed allotment boundaries, building areas and driveways or right of ways avoids Maori heritage sites and features. There are no known Maori heritage sites or features located on the subject site. v) That there is safe and efficient access to and from the site(s), in particular the extent to which: o The number and location of entrance ways along a public road does not result in adverse effects on the safe and efficient operation of the roading network; The site is accessed via a private road, access location has been designed to ensure that it is safe and efficient. The proposed subdivision will have no additional effects on the public roading network. o Direct vehicle access to a State Highway or a regional arterial road is avoided by using alternative access to a lower order road where such access exists or can be readily obtained; Direct vehicle access is not onto a State Highway or a regional arterial road. vi) The extent to which provision has been made for the exercise of matauranga maori and tikanga on sites which contain mapped features or areas (see Chapter 17); The subject site does not contain any Maori heritage sites and/or features. vii) The extent to which other instruments are required to manage or mitigate the effects of the subdivision, including: o o o o Financial contributions Bonds or covenants, or both, to ensure performance or compliance with any conditions imposed; Requirements for amalgamation of land, holding parcels in the same ownership, and creation or extinguishing of easements; Provision for Esplanade Reserves and Strips; Reserve contributions will be the only financial contribution applicable. Dream Planning Limited 14

22 Proposed Subdivision 59H Devich Road Mangawhai May 2017 viii) Timing of consent, including consideration to extend the duration of a Resource Consent beyond five years, under Section 125 of the Resource Management Act 1991; and This provision is not applicable. ix) The extent to which the proposal will affect the values of any Outstanding Natural Landscape identified in Map Series 2 and if applicable the extent to which the subdivision, use or development meets the additional assessment criteria contained in Appendix 18B. The site is not located within or near an ONL. ii) In respect of the site(s) design and location, the extent to which; o o o o The subdivision is in accordance with adopted Design Guidelines The subdivision is in accordance with any relevant adopted Structure Plans or Policy Guidance Whether the arrangement and intensity of sites prevents or inhibits the ability of neighbouring sites to be used for rural productive purposes authorised by the District Plan; The subdivision meets the Objectives of the Plan, particularly those of Chapter 3, Chapter 12 and, if the subdivision is in an overlay area, Chapter 4. The proposed Ecological Benefit subdivision creates lots that are of a size and a regular shape that fit with the natural patterns and features of the site and existing and consented surrounding rural residential development. The proposed layout is also consistent with the surrounding neighbourhood and development pattern. The proposed subdivision layout involves the creation of three additional allotments and focuses on the successful integration of the development into the landscape by ensuring that the development utilises natural gully systems and topography of the site. Lot boundary locations have been selected giving consideration to topography, land capability, riparian margin, and gully systems. Overall, it is considered that the subdivision layout is appropriate to the topography of the subject site, the rural residential locality, and recognises and provides for the protection of features and landscape patterns through sensitive location of boundaries and proposed ecological enhancement planting and covenanting of proposed vegetation. Dream Planning Limited 15

23 Proposed Subdivision 59H Devich Road Mangawhai May 2017 iii) In respect of services and/or management of on-site services, the extent to which: o The subdivision and development avoids cumulative effects on the environment and on the provision of infrastructure and services; The proposed subdivision results in the creation of three additional lots. All allotments can be adequately serviced. It is considered that the development avoids cumulative effects on the environment and on the provision of infrastructure and services. o The subdivision is located close to existing residential settlements and avoids the need for provision of new or requirement for increased capacity of Council owned infrastructure and services to meet the needs of the development. Council will give consideration to the ability of the applicant to provide for the required upgrades by way of development and/or financial contributions. The subject site is located within an existing cluster of rural residential development which is within close proximity to Mangawhai Village and associated amenities and is situated within a future growth area. The surrounding existing and consented development pattern is predominantly rural residential sites with a similar development and density pattern. The proposed development will not result in the need for the provision of new or requirement for increased capacity of Council owned infrastructure or services that will not be mitigated by the payment of future rates or through the Council levying contributions where applicable under the District Plan and Local Government Act ( LGA ) in terms of reserve contributions. iv) In respect of potential effects of development within the site(s) proposed by the subdivision, the extent to which: o Earthworks required for the provision of servicing, the location of building platforms, parking, manoeuvring and access are minimized; It is considered that earthworks required will be minimal, temporary in nature and will comply with relevant District Plan standards. The density of the subdivision and development avoids adverse effects on rural amenity, (rather than urban character/amenity), landscape, open space, heritage value, ecological values, riparian management, and the natural character of the rural and coastal environment; The proposed boundaries have been determined based on the natural patterns and topography of the site. Dream Planning Limited 16

24 Proposed Subdivision 59H Devich Road Mangawhai May 2017 The proposed ecological enhancement will significantly enhance the existing natural features on site by retiring these areas from grazing and enhancing through restoration planting. The proposed planting will also provide for screen and backdrop vegetation which will enhance the amenity values of the site. The planting will be protected in perpetuity ensuring the ecological values will be enhanced for present and future generations. The proposed density of the development is consistent with the Environmental Benefit Provision and surrounding existing and consented development pattern and avoids adverse effects on rural amenity, landscape, open space and the natural character of the rural environment. o Existing vegetation can be retained; and No indigenous vegetation will be removed as a result of the development, however significant weed management will be required to be undertaken prior to planting. o Revegetation using eco-sourcing of native plants is proposed as part of the development. Environmental Benefit Planting will be eco-sourced from the Northern Rodney Ecological District. Council will have regard to the following additional matters for discretion when assessing an application for consent under this rule: iii) The extent to which the environmental benefit is in excess of measures to avoid, remedy or mitigate the adverse effects of the proposed subdivision; The proposed environment benefit has been incorporated into the proposal to avoid, remedy or mitigate the potential adverse effects associated with the proposed subdivision. iv) The size of the feature to be protected for example, the size of the feature to be protected relative to the site sizes required by the rule; The Environmental Benefit size is relative to the proposed allotment sizes. v) The quality of the feature proposed to be protected, in particular: - The ecological significance (Appendix 25G) Please refer to the Ecological Assessment report prepared to accompany the consent application. Dream Planning Limited 17

25 Proposed Subdivision 59H Devich Road Mangawhai May The location of the feature and its surrounding environment e.g. whether it forms part of an outstanding landscape or adjoins/ buffers an existing protected area and whether any other feature on the site makes a contribution (either positive or negative) to the significance of the site to be protected; The proposed planting will significantly enhance two degraded natural features on site including a stream tributary which flows into the upper reaches of the Mangawhai Harbour Environment and a gully system which flows into the stream. Both features form part of a wider sequence of gully and stream systems, some of which have recently been enhanced through native revegetation and therefore this planting will enhance connectivity and ecological corridors within the surrounding landscape. The proposed planting will significantly enhance the streams riparian margin and in turn enhance the runoff into the upper reaches of the Mangawhai Harbour and provides further ecological corridor connections. The proposed vegetation to be protected in perpetuity will provide an extension of the ecological corridor and will make a positive contribution to the significance of the existing habitats adjacent to the subject site through enhancing the ecological values of the feature, and providing a stepping stone for migrant bird life. - The significance of the feature to the natural character of the District; The existing feature is presently significantly degraded by grazing activity and weed infestation. The features The stream tributary and gully system feed into the upper reaches of the Mangawhai Harbour and form part of the natural character of the District. The proposed restoration and enhancement planting will significantly enhance the natural character of the site and surrounds and is considered that once enhanced the feature will contribute the natural character of the area through enhancing the ecological values of the site and providing for perpetual protection. - The rarity of the feature; In the context of the wider surrounding area, which is characterised by land use practices such as farming, patches of remnant vegetation interspersed with rural residential development which has contributed to the decline and degradation of stands of indigenous vegetation, this feature, once protected and implemented, will be relatively rare. - In the case of subdivision under this rule within the Mangawhai Harbour Overlay, the extent to which any ecological benefit for Dream Planning Limited 18

26 Proposed Subdivision 59H Devich Road Mangawhai May 2017 riparian and waterways areas have been comprehensively identified through an assessment carried out by an appropriately qualified professional (it is noted that Council s Structure Plan has undertaken only limited mapping of these values to date); The ecological benefit will assist in providing less sediment runoff into the Mangawhai Harbour. vi) The extent to which the feature proposed for protection has been modified and the impact this has had on its significance (including any positive impacts already resulting from restoration/ rehabilitation undertaken) and the opportunities for its restoration or rehabilitation including: - The ability of the area to make a significant contribution to the ecology of an area It is considered that the covenanting and perpetual protection of this proposed vegetation will create a significant contribution to the area. The enhancement of these systems will contribute towards improving the ecological integrity of the area. - The length of time required before re-vegetated areas are established and contribute an environmental benefit The proposed landscape planting undertaken on site will be protected in perpetuity following landscape implementation at the time of subdivision. Subject to appropriate species selection, landscape implementation and maintenance and management (in accordance with a Landscape Management Plan (LMP), which can be prepared as a condition of consent), canopy closure should be achieved within 3-5 years. - The future management of the feature, once protected including any on-going management and/or restoration plans required to achieve the intent of the Environmental Benefit The proposed Landscaping Plan and species schedule is attached as an Appendix to this application. As a condition of consent, it is proposed that Council impose a condition requiring the preparation of a detailed LMP. This will ensure the successful implementation of all landscaping works and require the ongoing maintenance and management until the planting is established. A Weed Management Plan (WMP) should also be prepared as part of the conditions of consent and be made available to landowners to ensure that the covenanted area is kept free from invasive weeds in perpetuity. Dream Planning Limited 19

27 Proposed Subdivision 59H Devich Road Mangawhai May 2017 All planting areas will also be subject to Conversation Covenant which will require that: No farm animals shall be permitted within the covenanted areas. The covenanted areas shall be kept clean of invasive and/or woody weeds. Vegetation (except for invasive and/or woody weeds) within areas under covenant shall not be cut down or destroyed. The proposed covenant area shall be fenced to a stock proof standard. Subject to the above being implemented at the time of subdivision consent, it is considered that the intent of the Environmental Benefit will be achieved. vii) The type of permanent management and protection proposed, in particular: - The bond or covenant proposed and any additional requirements to ensure performance or compliance with any conditions imposed As part of this proposal all landscaping be required to be maintained and managed in accordance with the LMP and WMP, which will be required to be submitted and approved by way of condition of consent prior to the implementation of any landscaping works. The above condition will be monitored by the Council (at the property owner s expense) for the duration of the landscape maintenance and management period. All landscaping areas shown on the Landscape Plan will also be subject to permanent management and protection via the Conservation Covenant which will be registered over the areas on the new titles which be issued following the completion of the subdivision. - The need for restriction on future land use/development within proximity (within the boundary of the property prior to the subdivision) of the protected feature, in order to maintain its quality and significance Based on the mechanisms proposed as part of this proposal to ensure the success and ongoing management and maintenance of the protected features, it is considered that there is no need for restriction on future land use/development within proximity of the protected feature, in order to maintain its quality and significance. - The extent to which on-going management plans are in place, including any weed or pest control/ eradication and their duration. Dream Planning Limited 20

28 Proposed Subdivision 59H Devich Road Mangawhai May 2017 Summary The on-going management of the feature areas will be dealt with by way of the Conservation Covenants as detailed above. A WMP could be prepared as a requirement of conditions of consent by which the landowner would be responsible for weed management following the completion of the 5-year maintenance programme, which will ensure weed and pest control will be undertaken in perpetuity. The Plan specifies the specific assessment criteria to be considered in assessing this application. Having regard to the assessment of the effects undertaken it is considered that the proposal is consistent with the assessment criteria and any effects the subdivision may have on the surrounding natural and physical environment, in particular the amenities of the adjacent properties, will be less than minor. 5.3 OBJECTIVES AND POLICIES OF THE OPERATIVE PLAN (Section 104(1)(b)(iv) 12.5 Rural Objectives To maintain and enable public access to the coast, rivers and lakes as a result of land use and subdivision development. Not applicable To maintain the rural character and amenity including the sense of openness, low dominance of built form, pasture and commercial forest areas, areas of indigenous vegetation and significant fauna and unmodified natural landforms. The application will meet this objective. The proposed subdivision ensures that each allotment retains a sense of rural character and amenity including a sense of openness and low dominance of built form through the sensitive locations of building platforms and covenanting the proposed vegetation. The proposed subdivision also provides for significant ecological enhancement To protect areas of significant indigenous vegetation and significant habitats of indigenous fauna so as to avoid, remedy or mitigate the decline of indigenous vegetation and fauna. The proposed subdivision will result over 1.5ha of proposed vegetation to be protected in perpetuity. This will provide for significant ecological benefit and will ensure that this significant habitat of indigenous flora and fauna is enhanced and maintained in perpetuity and reduce the decline of indigenous flora and fauna To ensure that the servicing of new subdivision and development does not adversely affect the environment, in particular sensitive receiving environments. Dream Planning Limited 21

29 Proposed Subdivision 59H Devich Road Mangawhai May 2017 The subject site forms part of the upper most reaches of the Mangawhai Harbour Environment. As outlined in this application, the treatment and disposal of wastewater and stormwater can be adequately disposed of on each allotment via suitable treatment systems To avoid, remedy or mitigate adverse effects on the quality of the rural environment without unduly restricting productive rural activities e.g. farming and forestry. The proposed development will not unduly restrict productive rural activities. The proposed development will enable the continuation of farming activities adjacent To provide for a range of activities in the Rural Zone which are located, designed and operated in such a way as to avoid, remedy or mitigate reverse sensitivity effects on existing land uses in the vicinity. It is considered the development has been designed in a way which ensures that there are no reverse sensitivity issues resulting from the development To recognise farming, forestry, mineral extraction and processing, renewable energy generation, industrial and commercial activities and network utilities that enable people and communities to provide for their social, economic and cultural wellbeing. The proposed development ensures that farming can continue on adjacent properties To provide for development of land with a range of allotment sizes that is appropriate to the character of the surrounding rural environment. The application provides for development of land with a range of allotment sizes on the site which are appropriate to the character of the surrounding rural residential environment To maintain sites and buildings during development to avoid adverse visual amenity effects. The proposed development will avoid adverse visual amenity effects as the overall site is low lying and the resulting development can readily be absorbed into the surrounding landscape context as the proposed vegetation provides for appropriate screening and backdrop of the proposed building platforms from within the site and from surrounding properties To encourage innovative development and integrated management of effects between subdivision and land use which results in better environmental outcomes than more conventional or traditional subdivision, use and development. The proposed development seeks to create four rural residential sites (three additional) while retaining the existing rural lifestyle activities. Boundaries have Dream Planning Limited 22

30 Proposed Subdivision 59H Devich Road Mangawhai May 2017 been determined based on the sites existing use, capabilities, natural patterns, features and topography. Proposed ecological enhancement provides for over 1.5ha of proposed vegetation to be covenanted in perpetuity providing for better environmental outcomes Rural Policies Subdivision adjoining the coast, rivers and lakes is generally only acceptable when it provides public access (by the vesting of public access roads, reserves and pedestrian access ways and access strips) and provides Esplanade Reserves and/or Strips. Not applicable By encouraging growth in areas identified in Chapter 3, (Dargaville, Maungaturoto, Mangawhai and Kaiwaka). The subject site is within the Mangawhai Growth Area, therefore this policy is being achieved a By allowing greater intensity of subdivision, or development in the Rural Zone where this is offset by protection, restoration, enhancement or establishment of natural features, vegetation and open space, where they significantly contribute to the natural environment values, natural character of the coastal environment, and rural character and amenity. The proposed subdivision will result in over 1.5ha of indigenous vegetation protected in perpetuity, this will provide for significant ecological benefit, and will continue to provide a stepping stone for surrounding bird life to other significant ecological areas located in close proximity to the subject site. Open space will continue to be provided for through the size and nature of the proposed lots b By allowing Small Lot subdivision within an Overlay only where it is consistent with the Overlay Objectives. The proposed development consistent with the Overlay objectives (c) By providing for more intensive and innovative site-specific subdivision and development where this results in better environmental outcomes. Providing for a range in lot sizes ensures better environmental outcomes by ensuring that the site can still be utilised for rural residential living whilst retaining rural amenity values of adjacent properties and sense of openness of the site and surrounds. The proposed development provides for significant ecological enhancement by protecting and providing for 1.5ha of native vegetation protected in perpetuity which will result in better environmental outcomes. Dream Planning Limited 23

31 Proposed Subdivision 59H Devich Road Mangawhai May By requiring all subdivision to contribute to the retention of rural character and amenity. It is considered that the proposed subdivision contributes to the retention of rural character as the lots are of a size and shape similar to the surrounding landscape context in Devich Road and allow for the retention of open space through placement of proposed house sites and vegetation to ensure that rural amenity values are retained By avoiding, remedying or mitigating the adverse effects of subdivision and development (including ribbon development) on the natural environment values of the rural area. The development is not located along any highways, arterial or collector routes thus not leading to sprawling or uncoordinated patterns of development. The development will not detract from the character and natural environment values of the rural area By promoting the integration of subdivision, use or development with the protection, enhancement or establishment of natural features, vegetation and open space. The development in the rural residential environment provides for the protection and enhancement of open space through the design of the development by ensuring that the proposed house sites have backdrop and softening planting. The development provides for the enhancement and establishment of natural features through the protection of the proposed vegetation. The proposed subdivision will result in over 1.5ha of indigenous vegetation protected in perpetuity, this planting will provide for significant ecological benefit and will provide a stepping stone for surrounding bird life to other significant ecological areas located in close proximity to the subject site By avoiding, remedying or mitigating the adverse effects of activities which pose the greatest threat to remaining areas of significant indigenous vegetation and significant habitats of indigenous fauna), and rural amenity (e.g. vegetation clearance, excavation and fill, the bulk and location of buildings and structures). On-going subdivision and development of land can result in adverse effects on the natural environment, including existing amenity values. The proposed subdivision will result in over 1.5ha of indigenous vegetation protected in perpetuity, this vegetation will provide for significant ecological benefit and provides a stepping stone for surrounding bird life to other significant ecological areas located in close proximity to the subject site. Built form can impact the rural landscape in both positive and negative ways. Managing the design and location of new and redeveloped structures can ensure Dream Planning Limited 24

32 Proposed Subdivision 59H Devich Road Mangawhai May 2017 that any potential adverse visual amenity effects on the rural environment and its amenity can be minimised. It is considered that the proposed development will have less than minor effect on rural landscape values. It is also considered the development will be subservient in nature to the surrounding rural landscape context as the proposed development is in close proximity to rural residential development situated within the Devich Road catchment. The proposed building platforms are clustered in nature and the proposed vegetation provides for separation between house sites By providing assistance and information to rural landowners and residents regarding: Methods to protect and enhance areas of indigenous vegetation, significant habitats of indigenous fauna and ecological corridors; The levels of service for infrastructure expected in rural areas of the District. The WMP and LMP will provide assistance and information to landowners for the 5 year establishment period and will also assist in future management of the covenanted areas By avoiding, remedying, or mitigating adverse effects on the environment by requiring the landowner or developer to provide roading and on-site services for water supply, wastewater disposal or stormwater disposal for sites in the Rural areas, unless the provision of reticulated services is identified as an alternative to on-site systems. The proposed development provides for adequate services in terms of access and onsite services providing for water supply, wastewater disposal, stormwater disposal which can be dealt with through relevant conditions of consent. Proposed Lots are of a suitable size to provide for water supply in line with New Zealand Fire Service Standards By maintaining opportunities for the diversity of rural land use, without significant interference from adjacent residential, lifestyle or rural residential activities. The development provides for the diversity of rural land use through providing for rural residential living and does not interfere with surrounding land use By requiring activities locating in the Rural Zone to be sited and designed to avoid, remedy or mitigate reverse sensitivity effects on existing adjoining land uses. It is considered that the development has been designed in such a manner to avoid, remedy and mitigate any potential reverse sensitivity effects between rural lifestyle living through the appropriately located allotments. Dream Planning Limited 25

33 Proposed Subdivision 59H Devich Road Mangawhai May By requiring subdivision and development to demonstrate adequate service provision (including maintenance), and ensure the costs of any service upgrades are borne by the development. Any infrastructure services will be at the cost of the developer By ensuring that where sites are not connected to a public water supply, wastewater disposal or stormwater disposal system, suitable provision can be made on each site for an alternative water supply or method of wastewater disposal or stormwater disposal, which can protect the health and safety of residents and can avoid any significant adverse effects on sensitive receiving environments. Water supply can be undertaken on an individual site by site basis via roof collection. Proposed sites are of a size and shape to ensure that wastewater can be wholly contained within each lot avoiding any adverse effects on receiving environments By providing flexibility for subdivision and development density, as well as for a range of activities (industrial, commercial and residential etc.) that can be appropriately located in the Rural Zone and meet the environmental conditions appropriate to that Zone. The proposed development provides flexibility in terms of creating a range of site sizes By requiring site and building development to demonstrate how adverse visual amenity effects will be addressed over the duration of the development. Development of land and built form can alter the existing character of an area or site, and in so doing lead to adverse visual amenity effects, albeit often temporary, if on-going construction and development works are not appropriately managed. It is considered that any potential visual amenity effects resulting from the proposed development will be less than minor and temporary in nature To control land use and subdivision activities on and adjacent to roads and prevent adverse effects on the Transport Network. The proposed development is accessed via a private access Lot which can absorb the additional vehicle movements. Proposed access locations are safe and efficient. Overall, it is considered that adverse effects are less than minor on the transport network By requiring the provision of safe and practicable vehicular access from a public road to each site. Vehicular access to the lots will require the upgrading of the exiting access Lot and proposed JOAL which will be formed to Councils relevant Engineering Standards. Dream Planning Limited 26

34 Proposed Subdivision 59H Devich Road Mangawhai May 2017 Access locations are considered to be practicable, safe and convenient, and avoids adverse effects on the environment By ensuring that roads provided within subdivision sites are suitable for the activities likely to establish on them and are compatible with the design and construction standards of roads in the District roading network to which the site is required to be connected to. There are no roads provided within the subdivision Subdividers and developers shall be required to accommodate within the design and layout of any subdivision or development any Structure Road or Structure Utilities identified on an approved Structure Plan within any Proposed New Urban Development Area. This is not applicable; the site does not fall within an Urban Development Area By requiring the establishment of Esplanade Reserves and Strips when land is subdivided into lots less than 4ha By facilitating the provisions of public access to existing Esplanade Reserves and Strips in the District which are currently land locked or isolated from other public access areas. Not applicable. Summary Having regard to the objectives and policies of the Plan considered relevant, the proposal is considered to be of an appropriate scale, intensity and character. It is considered that the proposal will not compromise the rural residential nature of the surrounding environment and will maintain and enhance the amenity values of the site and surrounds through the covenanting of the proposed vegetation. The assessment of the proposed subdivision carried out above and in the previous section of this report also demonstrates the proposed activity will be in accordance with the relevant objectives and policies for the Rural Zone (Harbour Overlay). 6.0 PURPOSE AND PRINCIPLES OF PART II OF THE RESOURCE MANAGEMENT ACT 1991 Section 5 of the Resource Management Act 1991 (the Act) describes the purpose and principles of the Act and provides a definition of sustainable management which includes reference to managing the use and development of natural and physical resources at a rate that allows people and communities to provide for their wellbeing. This involves sustaining resource potential (excluding minerals), safeguarding the life supporting capacity of air, water, soil and ecosystems and avoiding, remedying or mitigating adverse effects. The definition of environment includes amenity of the activity on the environment. Dream Planning Limited 27

35 Proposed Subdivision 59H Devich Road Mangawhai May 2017 Section 6 relates to matters of national importance including: The preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development; The protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development; The protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna; The maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers; The relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga; The protection of historic heritage from inappropriate subdivision, use, and development; The protection of protected customary rights Section 7 relates to other matters required to be given regard to in relation to the management, use, development and protection of natural and physical resources. This includes: The efficient use and development of natural and physical resources: The maintenance and enhancement of amenity values: Maintenance and enhancement of the quality of the environment: Section 8 refers to the principles of the Treaty of Waitangi. Overall and in the context of the proposal, amenity values and the quality of the environment will be maintained and enhanced. The subdivision of the underlying site represents an efficient use of resources through the creation of three additional rural residential allotments which will further allow people to live within close proximity to Mangawhai. 7.0 RESOURCE MANAGEMENT ACT 7.1 CONSULTATION AND SECTION 95 OF THE RMA Notification provisions relating to applications for resource consent are contained under Section 95 to 95F of the Act. In accordance with Section 95A(1) the Council has discretion whether to publicly notify an application for resource consent. Under Section 95D, the Council must consider effects on the environment, but must disregard the effects on people who own or occupy land on which the activity will occur, or land adjacent to that land. Dream Planning Limited 28

36 Proposed Subdivision 59H Devich Road Mangawhai May 2017 Under Section 95B, if the Council does not publicly notify an application, the Council must decide if there are any affected persons. Affected people will get limited notification. Under Section 95E, Council must decide that: o o A person is an affected person if adverse effects on them are minor or more than minor (but not less than minor). A person is not an affected person if they have given their written approval (and not withdrawn approval) to the application, or it is unreasonable in the circumstances to seek their written approval. The proposed density of development is consistent with the surrounding existing and consented development pattern, which predominantly includes rural residential development. The proposed ecological enhancement planting, which will be subject to conservation covenant, will provide for screen and backdrop planting to the proposed building platforms and will be softened over time. Summary Council can only request written approvals from affected parties if Council determines the potential effects to be minor or more than minor on affected parties. Council cannot request written approvals if effects are less than minor on affected parties. Overall, this application, Assessment of Environmental Effects and assessment above have demonstrated that the proposed subdivision will result in effects that are less than minor. Having regard to this particular application which is for a Restricted Discretionary activity application it is considered that this level of development is considered appropriate for the locality and will result in effects that are less than minor. Therefore, this application should be processed on a non-notified basis. 8.0 SECTION OTHER MATTERS Section 104 of the RMA provides for any other matters to be considered in an application for resource consent that may be relevant and be reasonably necessary to determine the application and to which consideration should be given. An NES Assessment is not required given that the site has no historic land use detailed on the NES HAIL. No other matters are considered relevant to the proposal in terms of Section 104 of the Act. Dream Planning Limited 29

37 Proposed Subdivision 59H Devich Road Mangawhai May CONCLUSION The Applicant seeks subdivision consent to create 4 (3 additional) freehold rural residential allotments by way of an Environmental Benefit at 59H Devich Road Mangawhai. The assessment undertaken indicates that the proposal is compatible with the surrounding neighbourhood and will have less than minor adverse effects on the surrounding natural and physical environment. Perpetual protection of proposed vegetation will assist in ensuring that the development will be subservient in nature to the surrounding landscape and over time enhance the site and surrounding landscape, ecological and amenity values and provide for screen and backdrop planting of the development. The proposal is in general accordance with the policies and objectives of the District Plan and the Mangawhai Design Guidelines and seeks to retain a high level of amenity while protecting and enhancing the natural environment and outstanding natural landscape. The proposed development will provide for protection in perpetuity of proposed vegetation which will have positive environmental benefits. The layout, character and scale of the subdivision has been designed in such a manner that will ensure that the completed development will complement the site s natural features and not overwhelm them or result in a loss of rural amenity. Overall the proposed activity represents an effective and efficient use of the land resource and is a sustainable development. Accordingly the application warrants approval. Signed for and on behalf of the Applicant Kylie McLaughlin-Brown Resource Planner on behalf of Jebemi Limited Address for Service: Jebemi Limited C/- Dream Planning Limited P O Box 123 Mangawhai Attention: Kylie McLaughlin-Brown Phone: (09) Dream Planning Limited 30

38 Proposed Subdivision 59H Devich Road Mangawhai May 2017 Fax: (09) Dream Planning Limited 31

39 Appendix 1 Scheme Plan Set

40 AMALGAMATION CONDITION (condition that land be held in the same ownership) THAT LOT 9 DP HEREON (LEGAL ACCESS) BE HELD AS 4 UNDIVIDED 1-28TH SHARES BY THE OWNERS OF LOTS 1-4 HEREON AS TENANTS IN COMMON IN THE SAID SHARES AND THAT INDIVIDUAL CERTIFICATES OF TITLE BE ISSUED IN ACCORDANCE THEREWITH. 9m 10m AMALGAMATION CONDITION (condition that land be held in the same ownership) D E VIC H 12m 8m THAT JOAL 101 HEREON (LEGAL ACCESS) BE HELD AS TO 4 UNDIVIDED 1-4TH SHARES BY THE OWNERS OF LOTS 1-4 IN COMMON IN THE SAID SHARES AND THAT INDIVIDUAL CERTIFICATES OF TITLE BE ISSUED IN ACCORDANCE THEREWITH. LOT 6 DP ROAD 79m LOT 9 D P m Proposed Conversation Covernant Total Area = Ha LOT 2 DP LOT 1 Planting Area = 3658m² LOT 2 Planting Area = 6108m² LOT 3 Planting Area = 775m² 91m 78m LOT m² m 36 LOT 4 Planting Area = 4506m² 49 m m m 83m LOT Ha JOAL 101 / 2287m² m 22 7m 179m 51m 30m LOT 4 DP Existing Pond 27m LOT 1 DP m m 60 m 60 LOT m² LOT Ha E 9A M 9AM N AM 39m 39m M M 11 1P NO 10A N 8A M 11AM 8AM 10A M 92m 92m 26m NO O M 7A M 6A O N 2PM 21m 1PM 3PM 4PM MID ER WINT 88m 109m M 51m 2P M PM LOT100 DP m KEY Existing Boundary 7PM MID SUMM ER 4P 25 5P W 0 M M S 3P ADDRESS 59H DEVICH ROAD, MANGAWHAI TITLE SCHEME PLAN WITH AERIAL CLIENT / APPLICANT Proposed Conversation Covernant Ha Total Area JEBEMI LIMITED Proposed Boundary PROPOSAL SHEET FOR THE PROPOSED SUBDIVISION OF LOT 3 DP (CT NA86A/93) INTO 4 FREEHOLD LOTS AT 59H DEVICH ROAD, MANGAWHAI Neighbouring Property Boundaries Proposed Building Platform 02 SCALE A3 NOTE THAT ALL MEASUREMENTS ARE IN METRES UNLESS SHOWN REF # Proposed Driveway (Carriageway 3m wide) Proposed Single Vehicle Crossing (utilising the exsiting vehicle crossing and upgrading to Kaipara District Council Engineering Standards 2011) CT # PROPOSED CONSERVATION COVENANT AREA Covenant Identifier CT NA86A/93 SITE AREA Ha DISCLAIMER THE INFORMATION SHOWN ON THIS DRAWING IS FOR THE SOLE PURPOSE OF SUPPORTING A SUBDIVISION CONSENT APPLICATION UNDER THE RESOURCE MANAGEMENT ACT 1991 TO KAIPARA DISTRICT COUNCIL. THE INFORMATION MUST NOT BE USED FOR ANY OTHER PURPOSE. AREAS AND MEASUREMENTS ARE SUBJECT TO KAIPARA DISTRICT COUNCIL AND LINZ FINAL APPROVAL. DREAM PLANNING DPS VERSION # PO BOX 123, MANGAWHAI PH (09) admin@dream-inc.co.nz WEB ALL DRAWINGS ARE THE PROPERTY & COPYRIGHT OF DREAM PLANNING A DATE 12 / 05 / 2017 DRAWN BY EE

41 Appendix 2 Locality Diagram

42 KEY Mol esw o rth D rive Subject Site Boundaries MANGAWHAI HARBOUR MANGAWHAI VILLAGE t Moir S reet DISCLAIMER Dev ich SUBJECT SITE Roa d THE INFORMATION SHOWN ON THIS DRAWING IS FOR THE SOLE PURPOSE OF SUPPORTING A SUBDIVISION CONSENT APPLICATION UNDER THE RESOURCE MANAGEMENT ACT 1991 TO KAIPARA DISTRICT COUNCIL. THE INFORMATION MUST NOT BE USED FOR ANY OTHER PURPOSE. AREAS AND MEASUREMENTS ARE SUBJECT TO KAIPARA DISTRICT COUNCIL AND LINZ FINAL APPROVAL. ADDRESS 59H DEVICH ROAD, MANGAWHAI CLIENT / APPLICANT JEBEMI LIMITED PROPOSAL FOR THE PROPOSED SUBDIVISION OF LOT 3 DP (CT NA86A/93) INTO 5 FREEHOLD LOTS AT 59H DEVICH ROAD, MANGAWHAI N CT # SITE AREA M REF # M 9A 9AM 8AM 7AM 6PM 6AM M 7P R MID MME SU DRAWN BY 20 / 04 / 2017 EE LOCALITY PLAN 10AM 5PM A Ha DATE TITLE AM M 1 8A 1 4PM VERSION # DPS AM 10 4P M M W ID IN TE R 3PM W 11A NOON M 2P M 1PM PM M 3 1P 2P NOON CT NA86A/96 E SHEET 01 SCALE A3 NOTE THAT ALL MEASUREMENTS ARE IN METRES UNLESS SHOWN DREAM PLANNING S PO BOX 123, MANGAWHAI PH (09) admin@dream-inc.co.nz WEB ALL DRAWINGS ARE THE PROPERTY & COPYRIGHT OF DREAM PLANNING

43 Appendix 3 Certificate of Title

44 COMPUTER FREEHOLD REGISTER UNDER LAND TRANSFER ACT 1952 Guaranteed Search Copy issued under Section 172A of the Land Transfer Act 1952 NA86A/91 North Auckland Identifier Land Registration District Date Issued 12 May 1992 Prior References NA774/144 Estate Fee Simple Area hectares more or less Legal Description Lot 1 Deposited Plan Proprietors Marque Jasson Blundell and Carolyn Faye Blundell Interests Fencing Agreement in Transfer Subject to a right of way over part marked B on Plan created by Transfer C at 3.44 pm Appurtenant hereto is a right of way created by Transfer C at 3.44 pm CAVEAT BY DAVID HARRY BLUNDELL AND SHERYL ALISON BLUNDELL at 2:36 pm Transaction Id Client Reference QuickMap Guaranteed Search Copy Dated 7/12/15 9:45 am, Page 1 of 2 Register Only

45 Identifier NA86A/91 Transaction Id Client Reference QuickMap Guaranteed Search Copy Dated 7/12/15 9:45 am, Page 2 of 2 Register Only

46 COMPUTER FREEHOLD REGISTER UNDER LAND TRANSFER ACT 1952 Guaranteed Search Copy issued under Section 172A of the Land Transfer Act 1952 NA110A/573 North Auckland Identifier Land Registration District Date Issued 01 September 1997 Prior References NA92A/951 Estate Fee Simple Area hectares more or less Legal Description Lot 2 Deposited Plan Proprietors Garry William Madden and Raewyn Mary Madden Estate Fee Simple - 1/7 share Area hectares more or less Legal Description Lot 9 Deposited Plan Proprietors Garry William Madden and Raewyn Mary Madden Interests Fencing Agreement in Transfer Appurtenant hereto is a right of way specified in Easement Certificate C Subject to Section 241(2) Resource Management Act 1991 Appurtenant hereto is a right of way created by Transfer C at 3.44 pm Subject to a right of way over part marked B on DP created by Transfer C at 3.44 pm D Certificate pursuant to Section 321(3)(c) Local Government Act at am Fencing Covenant in Transfer D at am Appurtenant hereto is a right to convey electricity specified in Easement Certificate D at am (affects Lot 2 DP ) Subject to a right to convey electricity (in gross) over part marked C on DP in favour of Northpower Limited created by Easement Instrument at 9:00 am Mortgage to ANZ Bank New Zealand Limited at 8:57 am Transaction Id Client Reference QuickMap Guaranteed Search Copy Dated 15/04/16 9:09 am, Page 1 of 3 Register Only

47 Identifier NA110A/573 Transaction Id Client Reference QuickMap Guaranteed Search Copy Dated 15/04/16 9:09 am, Page 2 of 3 Register Only

48 Identifier NA110A/573 Transaction Id Client Reference QuickMap Guaranteed Search Copy Dated 15/04/16 9:09 am, Page 3 of 3 Register Only

49 Appendix 4 Assessment Performance Standards

50 Rule Parameter Rural Permitted Activity Performance Standard Subject to the exclusions in (4) below, Excavation and excavation and fill is a Permitted Activity if: Fill (1) Rural Zone a) The site is not within any area known to be erosion prone, subject to instability flood hazards; and b) The works are within 6m of the top of a bank of any water body and the volume is less than 1000m3 and the area is less than 1000m2 in any 12 month period; or The works are located a minimum of 6m from the top of a bank of any water body and the volume is less than 5,000m3 within a site, in any 12 month period ; and c) All bare earth areas, including excavation and fill batter faces within a site, are revegetated or stabilised within six months of the earthworks being completed; and d) All revegetated areas within a site are maintained and managed so as to achieve 80% ground cover within 24 months of the earthworks being completed Vegetation Clearance Subject to the exceptions provided in (4) below, clearance or removal of indigenous vegetation outside an overlay area is a Permitted Activity if: [Group 1 relates to Overlays (refer to Appeals Summary Page ii)] (1) Rural Zone a) It is not located within an indigenous Comply Yes Yes Assessment of Proposal Any earthworks will be minimal in nature and restricted to the formation of JOAL and building platforms. Any earthworks undertaken will comply with the permitted standard controls. Not applicable

51 wetland; and b) It is not part of a continuous area of predominantly indigenous vegetation greater than 6m in height and over 1 hectare in area; and c) It is not located within a site identified in Appendix F (Kiwi Density) of the District Plan Dwellings Construction of a dwelling is a Permitted Activity if: a) After completion, it will be the only dwelling on the site; or b) It will be an additional dwelling on the site, and there is a minimum of 12ha of net site area associated with each dwelling in the Rural Zone, and 20ha in any Overlay Area; c) Minimum floor levels are designed in accordance with the following standards: Floor levels for habitable building floors are designed with a minimum freeboard height to floor level of 500mm above the 100 year Average Recurrence Interval flood level; and The minimum floor level of any new dwelling shall be 5.0m above mean sea level. Note 1: The demolition and/or removal of a dwelling is a Permitted Activity except where the provisions of Chapter 17: Historic Heritage apply. Note 2: Minimum floor levels have been determined using One Tree Point 1964 datum. Yes Not applicable until building consent stage. Note 3 Each dwelling is also required to be assessed against the relevant performance standards contained in the

52 Commercial and Industrial Buildings Plan, including within sections and (1) For Commercial or Industrial Activities in a Rural Zone Any building is a Permitted Activity if: a) The gross floor area of the building does not exceed 5,000m² or 10% of the net site area, whichever is the lesser; and b) The building is able to comply with the relevant Performance Standards of Rule 12.10; c) Where no Council wastewater system is available the On Site Treatment and Disposal systems shall be designed and constructed in accordance with AS/NZS1547:2008 Onsite Wastewater Management Standards ; d) Where a Council reticulated wastewater system is available the development complies with the requirements of Rule (1)(a)- (d) inclusive; e) Where no Council wastewater system is available the development shall comply with the requirements of Rule (c)-(d) inclusive. f) Where a Council reticulated wastewater disposal system is available the development shall comply with Rule (1)(a) and (3)(a)-(i) inclusive; and g) Where no Council reticulated wastewater disposal system is available the development shall comply with Rule (2)(a) and Rule (3)(a)-(i) inclusive. Note 1: Any discharge into land, air or waterbodies may require a Resource Consent from the Northland Regional Council. The Regional Water and Soil Plan for Northland contains minimum standards for Yes No commercial or industrial building is proposed.

53 Maximum Height wastewater and stormwater treatment drainage and disposal and the Regional Coastal Plan controls buildings and structures in the Coastal Marine Area. Applicants should contact the Northland Regional Council to confirm whether or not a Resource Consent is required. Any building is a Permitted Activity if: a) The building does not exceed 10m in height, where it is not within an Overlay Area; or b) The building does not exceed 8m in height, where it is within an Overlay Area. Yes Not until time of building consent Height in Relation to Boundary [Group 1 relates to Overlays (refer to Appeals Summary Page ii)] Any building is a Permitted Activity if: a) The building does not exceed 3m in height plus the shortest horizontal distance between Any building is a Permitted Activity if: Yes Not until time of building consent a) The building does not exceed 3m in height plus the shortest horizontal distance between Setbacks (1) Rural Zone Any building is a Permitted Activity if it is located outside the following setback distances (yards): a) Front yard - 10m, except where the building is for industrial or commercial purposes, where the setback shall be 20m; and b) Side and Rear yards - 3m; and c) Coast - 30m from the Coastal Marine Area; and Yes Not until time of building consent

54 Permeable Surfaces d) Lake / River - 30m from the banks of any dune lake or lake whose bed has an area of 8ha or more, or the bank of any river or perennial stream whose bed has an average width of 3m or more; and e) Any building is set back 30m from a railway line where there is an intersection of road and rail (level crossing controlled by give way signage) within 300m; and f) Any building is set back 300m from the intersection of the State Highway and any local road (measured from the centreline of the local road); and g) Wetland - 30m from the banks of any indigenous wetland. Any activity is a Permitted Activity if: a) In any one hectare, the area of any site covered by buildings and other impermeable surfaces is less than 15% in the Rural Zone where it is not within an Overlay; b) In any one hectare, the area of any site covered by buildings and other impermeable surfaces is less than 10% in the Rural Zone where it is within an Overlay. [Group 1 relates to Overlays (refer to Appeals Summary Page ii)] Yes Not until time of building consent Separation Distance for Noise Sensitive Activities in the Rural Zone Note 1: The intention of this rule is to avoid large areas of continuous seal / hardstand. Any Noise Sensitive Activity is permitted if a 300m separation is maintained between the noise sensitive activity and activities listed as follows, on a site under separate ownership: a) Wastewater treatment site or other site of plant or animal effluent storage or disposal (excluding domestic disposal systems); Yes Not applicable

55 Separation Distance from Plantation Forestry Separation Distance between Activities in the Rural Zone and b) Building used for an industrial activity; c) Intensive feed lot or feed storage area; d) Intensive farming; e) Dairying shed; f) Mining or quarrying; and Any other activity that has existing use rights or Resource Consent to exceed the General Noise, Use of Explosives and Blasting standards, or an Air Discharge Consent (odour) granted by the Northland Regional Council. Note 1: This Rule is intended to protect the opportunity for rural activities in the Rural Zone. As such, if there is an existing lawfully established activity as listed in a) to g) above, then a Noise Sensitive Activity wishing to develop would be required to maintain the appropriate separation from this to avoid future land use conflicts. Any building or plantation forestry activity is permitted if a 30m separation is maintained between any building and the plantation forestry on a separate site and under separate ownership. Note 1: This Rule is intended to protect boundary effects while maintaining reasonable opportunity for a wide scope of activities within the Rural Zone. As such, if there is an existing lawfully established activity within the Rural Zone then the separation distances noted above would be required to avoid future land use conflicts. Any of the activities listed as follows, are permitted if a separation distance of at least 30m is maintained between any site zoned Residential, Business - Commercial or any site boundary to a mapped Reserve Management Unit, or a 300m distance to Yes Yes This rule is not applicable, there is no plantation forestry within close proximity to the subject site. This rule is not applicable to the proposal.

56 Adjoining Zones Buildings and Vegetation near Airfields any existing Noise Sensitive Activity (as defined in Chapter 24: Definitions) located in these zones, whichever is the greater: [a) Wastewater treatment site or other site of plant or animal effluent storage or disposal (excluding domestic disposal systems); b) Building used for an industrial activity; c) Intensive feed lot or feed storage area; d) Intensive farming; e) Dairying shed; f) Mining or quarrying; and g) Any other activity that has existing use rights or Resource Consent to exceed the General Noise, Use of Explosives and Blasting standards, or an Air Discharge Consent (odour) granted by the Northland Regional Council. Note 1: This Rule is intended to protect boundary affects while maintaining reasonable opportunity for a wide scope of activities within the Rural Zone. As such, if any of the activities listed in a) to g) above seek to establish within the Rural Zone, then the separation distances noted above would be required to avoid future land use conflicts, and would safeguard future noise sensitive activities that are reasonably expected to establish within the Residential Zone, Business Commercial Zone, or the values of a Reserve Management Unit. a) Any building, structure or aerial is a Permitted Activity, unless part of it would fall within either: i. The runway approach and take-off paths of an airfield identified in Appendix Yes This rule is not applicable to the proposal.

57 H to the District Plan Maps, being at a gradient of 1:40 (2.5%); or ii. The associated transitional surfaces of an airfield identified in Appendix H to the District Plan Maps, being at a gradient of 1:7 (14.3%); b) All trees and other natural projections shall be maintained so that no part shall fall within either: i. The runway approach and take-off paths of an airfield identified in Appendix H to the District Plan Maps, being at a gradient of 1:40 (2.5%); or ii. The associated transitional surfaces of an airfield identified in Appendix H to the District Plan Maps, being at a gradient of 1:7 (14.3%). Note 1: This Rule currently applies to the airfields at Dargaville and Naumai shown in Appendix Relocation of Buildings H to the District Plan Maps. Relocated buildings are permitted where the following matters can be satisfied: a) Any relocated building can comply with the relevant standards for Permitted Activities in the District Plan; and b) Any relocated dwelling must have been previously designed built and used as a dwelling; and c) A building inspection report shall accompany the Building Consent. The report is to identify all reinstatement work required to the exterior of the building; and Yes This rule is not applicable to the proposal.

58 General Noise Construction Noise and Temporary Activity d) All work required to reinstate the exterior of any relocated building, including the siting of the building on permanent foundations, shall be completed within 12 months of the building being delivered to the site. Any activity is permitted if noise from the site does not exceed the following limits, as measured either at or within any other site zoned Residential, or within the notional boundary of a dwelling in the Rural or Maori Purpose zoned site : a) 7:00am 7:00pm : 50 dblaeq; and b) 7:00pm 10:00pm: 45dB LAeq; and c) 10:00pm 7:00am: 40dB LAeq and 70 db LAFmax. Note 1: Provided that the abovementioned noise limits may be exceeded for activities periodically required by farming and forestry practice, such as crop protection and harvesting that may need to be carried out for these activities. Note 2: Sound levels shall be measured in accordance with NZS 6801:2008 Acoustics Measurement of Environmental Sound, and assessed in accordance with NZS 6802:2008Acoustics Environmental Noise Construction noise and other temporary activities as defined in Chapter 24: Definitions are permitted if noise from the site does not exceed the limits recommended in, and are measured and assessed in accordance with New Zealand Standard NZS6803:1999 "Acoustics - Construction Noise". No Activity) Yes (Discretionary This rule is not applicable to the proposal. Any site works will comply with this requirement.

59 Wind Generation Vibration Wind turbines, are permitted if the noise generated by the wind turbines does not exceed the recommended limits in NZS 6808:2010 when measured and assessed in accordance with, NZS6808: 2010 Acoustics Wind Farm Noise. Any activity is permitted if vibration from the activity does not exceed the following average levels: a) Within a dwelling on any adjacent site zoned Residential, Maori Purpose or Rural Zone; Time Maximum Weighted Vibration Level (Wb or Wd) Maximum Instantaneous Weighted Vibration Level (Wb or Wd) Monday to Saturday 7:00am - 6:00pm 0.045m/s2 1.0 m/s2 All other times m/s m/s2 b) Within a building on any adjacent site zoned Business: Time Maximum Weighted Vibration Level (Wb or Wd) Maximum Instantaneous Weighted Vibration Level (Wb or Wd) At All times 0.06 m/s2 2.0 m/s2 Note 1: Vibration levels shall be measured and assessed according to British Standard BS6841:1987. The average vibration shall be measured over a time period not less than 60 seconds and not longer than 30 minutes. The Yes Yes This rule is not applicable to the proposal. This rule is not applicable to the proposal.

60 Traffic Intensity vibration shall be measured at any point where it is likely to affect the comfort or amenity of persons occupying a building on an adjacent site. Any activity is permitted if the cumulative traffic generated on any road does not exceed 60 daily one way movements based on the Traffic Intensity Factor Guidelines in Appendix 25F. Except that single dwellings, temporary military activities and construction traffic (associated with the establishment of an activity) are exempt from this standard. Note 1: Traffic Intensity factor guidelines are included in Appendix 25F of this Plan and can be used to calculate the likely traffic generation of particular activities. The Traffic Intensity Factor is based on the average daily one way traffic movements for a particular activity (and therefore allows for seasonal variations). Applicants may be required to apply to the Council for a Certificate of Compliance where an activity has the potential to generate 50 or more daily one way movements. Note 2: As part of an application for Certificate of Compliance or Resource Consent under this rule Council may request that a Traffic Impact Assessment prepared by a suitably qualified Traffic Engineer be provided. Note 3: This calculation only applies when establishing a new activity on a site. However, the Traffic Intensity Factor for the existing uses on site (apart from those exempted below) will be taken into account when assessing new activities in order to address cumulative Yes

61 Potentially Contaminated Land Change of Use Contaminated Land Remediation Hazardous effects. Any activity on land which an activity identified in Appendix 25E (Potentially Yes This rule is not applicable to the contaminating proposal. activities) has occurred is a Permitted Activity if: a) It is not: A dwelling; or An Education facility or child care facility; or A sports field; and b) The site has been: Remediated to a standard suitable for the proposed use; or Investigated and certified to be of a standard suitable for the proposed use; and c) Any containment works are not damaged or destroyed. Any activity is a Permitted Activity if remediation of contaminated land: Yes This rule is not applicable to the a) Does not cause a greater risk to human proposal. health or the environment than if the work was not done; and b) Disposes of removed material in a location approved for the receipt of such material; and c) Is reported to the Council by the landowner at the completion of the work detailing: The work done and the results obtained; and The nature and location of remaining contaminated material on-site; and As-built plans and specifications of any permanent containment structure. Any activity is a Permitted Activity if: a) The aggregate quantity of hazardous Yes This rule is not applicable to the

62 Substances substances of any hazard classification managed as part of the activity is less than the quantity specified in Appendix 25D: Hazardous Substances (Permitted Quantities Table 1); or b) The hazardous substances stored or used on the site are: i) Trade waste in a wastewater or waste treatment facility; or ii) Road materials within a road reserve; or iii) Domestic storage and use of consumer products for domestic purposes; or iv) Consumer products, held for resale to the public and stored in the manufacturers packaging; or v) Gas or oil pipelines and ancillary equipment; or vi) Fuel or safety equipment in motor vehicles, aircraft, ships, boats or small engines; or vii) Small fireworks subject to the Hazardous Substances (Fireworks) Regulations 2001, or safety ammunition, in domestic quantities; or viii) Fire-fighting substances on emergency vehicles; or ix) Electricity transformers, capacitators and switches up to 600 litres; or c) The activity is a service station with a maximum storage for retail sale of any or all of: 100,000 litres of petrol in underground storage tanks; 50,000 litres of diesel in underground storage tanks; 6 tonnes of LPG (single vessel storage); and d) Storage or use of hazardous substances complies with Appendix 25D: HazardousSubstances (Permitted Conditions proposal.

63 Radioactive Materials Table 2). Any activity is a Permitted Activity if: a) Radioactivity is below that specified as an exempt activity in the Radiation Protection Regulations 1982; or Yes This rule is not applicable to the proposal Lighting and Glare Signaage (including signs on and adjacent to roads and buildings) b) Radioactive materials are confined to domestic appliances Any activity is permitted if between the hours of 22:00 and 07:00 any artificial lighting does not exceed 10 lux, measured at any point on the boundary of any Residential Zoned site or at the notional boundary of any Rural or Maori Purpose Zoned site. (1) The following signs are Permitted: a) Any business sign not exceeding 3m², advertising or providing information on the owner or occupier of the site, or facilities, goods or services available from it, provided that no more than two such signs shall be erected on any site; and b) Any public sign providing information on facilities and services of public interest erected by, or with the written approval of, any heritage protection authority, local authority, Minister of the Crown or requiring authority, or any sign created by or with the written approval of the abovementioned authorities for the purposes of carrying out its statutory functions; and c) Any temporary sign not exceeding 3m², advertising or providing information on any central or local government elections, cultural, social or sporting events, sites for development, sale or auction, provided that any such sign shall only be erected for a period of up to two months and shall be Yes Yes This rule is not applicable to the proposal. This rule is not applicable to the proposal.

64 Vehicle Access and Driveways removed within seven days of the election, event, sale or auction taking place. (2) Provided the following conditions are met: a) No sign, other than a public sign or verandah sign, shall be displayed or erected on or over any road reserve unless the Consent of Council is obtained; or b) Where a sign is proposed to be located in a road reserve adjoining the State Highway network or is visible from the State Highway the approval of the NZ Transport Agency is also required. Any activity is permitted if: a) The owner or occupier of each site shall provide and maintain at all times adequate access for emergency vehicles and vehicles generally associated with activities on site; b) For new vehicle crossings on to State Highways, all NZ Transport Agency engineering requirements have been satisfied; or For vehicle crossings on to roads controlled by Kaipara District Council all Council engineering requirements have been satisfied (e.g. Kaipara District Council Engineering Standards 2011); [Group 2 relates to Kaipara District Council s Engineering Standards 2011 (refer to Appeals Summary Page ii)] c) Where a loading ramp is required it shall not be located within 25m of the edge of a traffic lane; d) Each site shall be provided with and maintain a driveway to the following Yes JOAL and vehicle crossing can be formed to Councils Engineering Standards. Each Lot has sufficient space internally to allow for reverse manoeuvring on site.

65 standard Formed with an all-weather surface; For driveways of greater than 100m, a passing bay shall be provided no further apart than 1 per 100m; For a driveway servicing up to 6 dwellings the minimum width of 3.0m and for between 7 and 30 dwellings a minimum width of 5.5m and for more than 30 dwellings a width of 6m; The maximum gradient shall be 1:5 for sealed and 1:8 for gravel driveway; Shall include internal manoeuvring area sufficient that vehicles using the driveway do not need to reverse onto a road or shared driveways (in accordance with 90th percentile vehicle manoeuvring figures in Appendix 25C: Parking, Loading and Manoeuvring Standards); Access and maneuvering areas shall comply with the New Zealand Building Code acceptable solutions C/AS1 Part 8.1 (Fire Service Vehicular Access 2010); Where a private driveway is gated, the gates shall be located at least 13m from the edge of the public road carriageway (with an 80 or 100km/h speed limit) where the gate opens into the site or 13m plus the gate width where it opens toward the road; unless onto a State Highway (where gate setbacks may be higher and are required to be complied with); All gated driveways shall be provided with turning provisions, such that a 90th percentile car may enter the driveway and turn around, without passing the gates or affecting through traffic on the public road; and

66 Fire Safety Stormwater drainage for at least a 10% AEP rainfall event sufficient that surface ponding does not occur and discharge from the driveway does not result in adverse effects to adjoining properties or roads. Note 1: Any changes in land use on sites that have access over a railway line require approval from the New Zealand Railways Corporation under the New Zealand Railways Corporation Act Note 2: Where land adjoins a limited access road under the Government Roading Powers Act 1989 access to and from that road is subject to restrictions and controlled by the NZ Transport Agency. Note 3: Council will confirm engineering approval for Council controlled roads, as per clause (b) above, of the vehicle access and driveways by compliance with the Kaipara District Council Engineering Standards 2011 or by review from an independent appropriately qualified engineer. [Group 2 relates to Kaipara District Council s Engineering Standards 2011 (refer to Appeals Summary Page ii)] Note 4: For Permitted Activities, approvals required for this performance standard can beprovided at the time of Building Consent. Any building is permitted if: a) It does not impede the movement of fire service vehicles or equipment or generally restrict access for fire fighting purposes; b) Water supply for fire fighting and access to this supply complies with the New Zealand Yes This provision can be met at the time of building consent.

67 Parking Fire Service Fire Fighting Water Supplies Code of Practice SNZ PAS 4509:2008; c) The use of buildings shall at all times be in accordance with the fire safety requirements specified in New Zealand Standard NZS 9231:1971 Model Bylaw for Fire Prevention'; and d) The building is located at least 20m away from naturally occurring or deliberately planted area of woodlot or forest. [ENV-2011-AKL /17 Department of Conservation (Northland Conservancy)] Note 1: For fire safety, the New Zealand Fire Service advises that buildings should be at least 20m from the dripline of any tree and that these setbacks are also appropriate from scrubland and other similar vegetated areas. Any activity is permitted if: a) The owner or occupier of each site provides and maintains at all times spaces for the off street parking of cars and other vehicles generally associated with activities on the site; and b) The number of parking spaces to be provided shall meet the minimum requirements outlined in Appendix 25C: Parking, Loading and Maneuvering Standards; and c) Each parking space shall be formed and maintained so that the maximum gradient on any area used for parking and manoeuvring shall be 6%; and d) Parking spaces may be situated within a building provided the Council is satisfied that the spaces can be clearly defined and made available for parking at all times. The area of any parking spaces and associated access Yes There is sufficient space to comply with parking provisions for residential purposes in the rural environment.

68 within a building shall be excluded from the gross floor area of that building for the purposes of assessing the total number of spaces required; and e) Any parking spaces required under the provisions of the District Plan are to be sited at least 15m from the banks of any river or stream, whose bed has an average width of 3m or more, any lake with an area greater than 8ha or the Coastal Marine Area or any mapped waterway or wetland in the Valued Natural Environments of Mangawhai, except where appropriate provision is made for the collection treatment and disposal of stormwater from the areas to a Council stormwater system or other approved outlet; and f) Each parking space shall have adequate physical access to a road, street or service lane and the buildings or uses to which it is intended to serve. It shall be provided with such access drives and aisles as are necessary for safe and convenient movement of vehicles to and from the street or service lane for the manoeuvring of vehicles within the site in accordance with the Figures in Appendix 24C: Parking, Loading and Manoeuvring ; and g) Control of Access - Any parking area associated with a Commercial or Industrial Activity which adjoins a street shall be provided with a fence, kerb, nib or similar nonmountable barrier not less than 0.15m high along those parts of the site's frontage not used for access purposes. The barrier shall be designed to prevent vehicles entering or leaving the parking area other than by the access drives or aisles provided; and

69 Loading h) Control of Reversing - All parking areas shall be designed so that all vehicles can enter and leave the site in a forward gear and do not have to reverse onto or off the adjacent road or street; and i) Screening of Parking Areas - Any parking associated with a Commercial or Industrial Activity shall be screened from residential sites by landscaping, fencing or other suitable screening at least 2m in height. Any landscaping is to be provided and maintained in such a manner as to create and preserve a good standard of visual amenity; and j) Control of Stormwater - Each parking area shall be provided with a stormwater drainage system that is designed for at least a 10% AEP rainfall event sufficient that surface ponding does not occur and discharge does not result in adverse effects to adjoining properties or roads. (1) For Commercial Activities in a Rural Zone Any activity is permitted if: a) The owner or occupier of each site provides and maintains spaces for the loading and unloading of all goods generally associated with activities on the site; and b) The number of onsite loading spaces to be provided shall meet the minimum requirements outlined in Appendix 25C: Parking, Loading and Manoeuvring Standards and c) Each loading space shall be of a usable size and shape and be designed to accommodate the 90 percentile two axled Yes Not applicable

70 Electricity Transmission Corridor No build Area: Buildings and/or structure truck illustrated in the Figure in Appendix 25C: Parking, Loading and Manoeuvring Standards ; and d) Each loading space shall have a minimum width of 3.5m, a minimum depth of 12m and a minimum height of 4.25m provided that where articulated trucks are likely to visit the site, each loading space shall have a minimum depth of 18m; and e) Each loading space shall have adequate physical access to a street or service lane and the building which it is intended to serve. It shall be provided with such access drives and aisles as are necessary for the safe and convenient movement of vehicles to and from the street or service lane and for the manoeuvring of vehicles within the site. The manoeuvring space required for vehicles using each loading space shall be determined by reference to the 90 percentile two axle truck curve in the figures in Appendix 25C: Parking, Loading and Manoeuvring Standards; and f) Loading bay pavements shall be designed and constructed so that the maximum gradient on any area used for loading and manoeuvring shall be 6%. Any activity is permitted if: a) Buildings and/or structures located outside the Electricity Transmission Corridor No Build Area as shown in Appendix Yes Not applicable

71 Electricity Transmisson corridor Assessment Area: Buildings and/or Structures Special Provisions Any activity is permitted if: a) Buildings and/or structures located outside the Electricity Transmission Corridor Assessment Area as shown in Appendix (1) Land Administered by the Te Ture Whenua Maori Act 1993 Land administered under the Te Ture Whenua Maori Act 1993, but not identified as being within the Maori Purposes: Maori Land Zone on the District Plan Maps can be considered under Chapter 15A: Maori Purposes - Maori Land Zone, without the need for a Plan Change torezone the land. Yes Yes Not applicable Not applicable

72 12.15 Performance Standards for All Rural Subdivision Rule Parameter Rural Permitted Activity Performance Standard Comply Assessment of Proposal Suitable Building Area Every allotment of less than 4ha on a subdivision: a) Contains a geotechnically stable building area of at least Yes Vacant sites can comply with this requirement. 150m 2 (10m depth required) with a practicable access on which a dwelling can be built so that there is compliance as a Permitted Activity with the relevant performance standards in Section and of this District Plan. Note 1: Council may require geotechnical and engineering assessment to confirm that a stable building area is provided.

73 Rule Parameter Rural Permitted Activity Performance Standard Comply Assessment of Proposal Road, Private Way Formation and Property Access The design and layout of the subdivision provides for, and takes into account: (1) Property Access a) Every allotment within the subdivision is capable of having vehicular access to a road; b) Property access is formed where it is shared by two or more allotments; c) Vehicle Access and driveways comply with Rule ; d) No more than seven allotments are served by a private shared access; e) Driveways onto the road or private way are located in a manner that will allow the safe entry and exit from the site based on expected vehicle operating speeds and methods for controlling vehicle speeds; f) Driveways onto the road or private way are located to provide adequate sight distances for the safe functioning of the vehicle crossing and access; g) The property access is of a suitable width to contain required services; and h) For new vehicle crossings on to State Highways, all NZ Transport Agency engineering requirements have been satisfied. Note 1: Any changes in land use, development or subdivision on sites that have access over a railway line require approval from the New Zealand Railways Corporation under the New Zealand Railways Corporation Act (2) Road, Private Way and Property Access Formation a) Road vesting in accordance with the following requirements: Driveways serving eight or more allotments shall be by public road; and Design and construction shall be to the satisfaction of Council's Asset Manager (in accordance with the Standards in the Kaipara District Council Engineering The proposed JOAL will be required to be formed to comply with Councils Engineering Standards. The existing vehicle access provide for safe and adequate sightlines for the safe functioning of access.

74 Rule Parameter Rural Permitted Activity Performance Standard Comply Assessment of Proposal way serving four or more lots. b) Use and construction of unformed legal roads is to the satisfaction of Council's Asset Manager (in accordance with the Standards in Kaipara District Council Engineering Standards 2011) Provision for the Extension of Services The design and layout of the subdivision provides for, and takes into account: a) The efficient and effective future extension of water and electricity supply, stormwater, wastewater, public access, walking trails, bridal ways and roads to any adjoining land. Yes Proposed Lots can be serviced with water, electricity, telecommunications, stormwater and wastewater services. Lots are of a sufficient size to provide for stormwater and wastewater disposal and other essential services can be provided to the boundary of the site.

75 Rule Parameter Rural Permitted Activity Performance Standard Comply Assessment of Proposal Water Supply (1) Where a Council water supply is available : a) The written approval of Council s asset manager is obtained and provided with the application to confirm that the Council water supply can be extended to serve the subdivision; b) All allotments are provided, within their net site area, with a connection to the Council water supply; and c) All water pipelines vested with Council shall be protected by an Easement in favour of Council. (2) Where a public supply is not available, water supplies to all developments shall: a) Meet the requirements of the Building Act 2004; and b) Be adequate for fire fighting purposes in accordance with the New Zealand Fire Service's Code of Practice SNZ PAS Yes. Water supply will be via roof collection and tank storage.

76 Rule Parameter Rural Permitted Activity Performance Standard Comply Assessment of Proposal Stormwater Disposal (1) Where available all allotments are provided, within their net site area, with: a) A connection to a Council-maintained stormwater system; Note 1: This is only likely to apply for an Integrated Development Subdivision in Structure Plan Growth Areas); Yes No Council system is available. Given the size of the sites and topography stormwater disposal will be adequately disposed of on site avoiding any potential adverse effects on the receiving environment. OR (2) Where no Council system is available: a) All allotments are provided with the means for the transport and disposal of collected stormwater from the roof of all potential or existing buildings and from all impervious surfaces, in such a way as to avoid any adverse effects of stormwater runoff on the receiving environment in accordance with the Kaipara District Council Engineering Standards Note 1: Stormwater discharges may require Resource Consent under the Regional Water and Soil Plan for Northland. Applicants should contact the Northland Regional Council to determine whether or not Resource Consent is required. Note 2: Where parallel Resource Consent for stormwater discharge is required from the Northland Regional Council, Kaipara District Council will seek to undertake joint processing of both applications, via delegated authority from the Northland Regional Council. Note 3: The discharge of stormwater into the rail corridor is an offence under the Railways Act 2005 unless the written consent of the New Zealand Railways Corporation has been provided.

77 Rule Parameter Rural Permitted Activity Performance Standard Comply Assessment of Proposal Wastewater Disposal (1) Where a Council reticulated wastewater system is available: a) The written approval of Council s asset manager is obtained and provided with the application to confirm that the Council sewerage system can be extended to serve the subdivision; Yes No Council system is available. Given the size of the sites and topography wastewater disposal will be adequately disposed of onsite avoiding any potential adverse effects on the receiving environment. b) All allotments are provided, within their net site area, with a connection to the Council reticulated sewerage system;

78 Rule Parameter Rural Permitted Activity Performance Standard Comply Assessment of Proposal c) The reticulated wastewater system is designed and constructed in accordance with the specific requirements of the Council sewerage system; and d) All sewer pipelines vested with Council shall be protected by an Easement in favour of Council (2) Where a private / community reticulated sewerage system is proposed serving two or more households, the system shall be designed in accordance with AS/NZS1547:2008 Onsite Wastewater Management Standards. (3) Where no Council or private / community reticulated sewerage system is available, all allotments are provided, within their net site area, with: a) 1,500m 2 area of land per household for wastewater disposal within the boundaries of the site. The area shall be clear of building sites, driveways and manoeuvring areas; b) The applicant must demonstrate that an on-site disposal system meeting the requirements of the Regional Water and Soil Plan for Northland can be installed on each allotment; and c) Applicants shall demonstrate that any effluent discharges comply with the requirements of the Regional Water and Soil Plan for Northland (or Consent for discharges from the Northland Regional Council has been obtained). Note 1: Effluent discharges may require Consent under the Regional Water and Soil Plan for Northland. Applicants should contact the Northland Regional Council to determine whether or not Resource Consent is required. Note 2: Where parallel Resource Consent for effluent discharge is required from the Northland Regional Council, i i i C il ill k d k j i

79 Rule Parameter Rural Permitted Activity Performance Standard Comply Assessment of Proposal Energy Supply All allotments are provided with: a) A connection to a reticulated electrical supply system at the boundary of the net site area. Yes All allotments can be provided with electricity supply

80 Rule Parameter Rural Permitted Activity Performance Standard Comply Assessment of Proposal Telecommunications All allotments are provided with: a) A connection to a telecommunications system at the boundary of the net site area. Yes All allotments can be provided with telecommunication services Esplanade Management Where an allotment of less than 4ha is created on subdivision of land which adjoins the sea, rivers over 3m in width or lakes over 8ha in area, an esplanade reserve or strip of 20m in width shall be set aside, except where: a) The subdivision involves only a minor boundary adjustment and no additional building sites will be created; and Not applicable b) The proposed subdivision activity arises solely due to land being acquired for any road designation or a site to be created only for a network utility. Note 1: No esplanade reserve or strip shall be required where a lot is associated with the provision

81

82 Esplanade Management The Council has determined in accordance with the empowering provisions in Section 77 of the Resource Management Act 1991 that a 20m wide esplanade reserve or strip is to be set aside where an allotment of 4ha or more is created in the following circumstances: a) The lot itself contains land, or adjoins a section of the Coastal Marine Area, a lake or river, which has important recreational values and where; Public access is either currently available to the water body and associated margins or where there is reasonable likelihood of such access being available in the future from a road, access strip or reserve including an adjacent esplanade reserve; or In respect of the Coastal Marine Area public access is currently available to the foreshore from the water and it can be used for the landing of small craft. b) The lot adjoins a section of the Coastal Marine Area which is subject to serious wave or wind induced erosion or other natural hazard processes and where; Formal reservation of the land is considered appropriate by the Council following consultation with the Northland Regional Council. c) The lot itself contains land, or adjoins a portion of the Coastal Marine Area, a lake or river which has significant indigenous vegetation and significant habitats of indigenous fauna or supports the habitat of trout, and where; formal reservation of the land is considered appropriate by the Council following consultation with the Department of Conservation; and where after consultation on a case by case basis the Department of Conservation or other appropriate body has agreed to assist with f d f f h l d Not applicable

83 Esplanade Areas on Road Stopping a) Circumstances when an esplanade strip may be used instead of an esplanade reserve The requirements in Section 345 of the Local Government Act 1974 relating to the setting aside of an esplanade reserve when a road is stopped may be replaced by a requirement to create an esplanade strip where unrestricted public access could restrict conservation. b) Circumstances when an esplanade reserve or strip less than 20m wide or where no esplanade reserve or Strip may be required The width of any esplanade reserve or strip required under Section 345 of the Local Government Act 1974 or this District Plan when a road is stopped may be reduced from 20m or waived altogether where the esplanade strip can be equally or better achieved through alternative means. c) Circumstances when an esplanade reserve or strip more than 20m wide may be required Not applicable

84 Rule Parameter Rural Permitted Activity Performance Standard Comply Assessment of Proposal The width of any esplanade reserve or strip required when a road is stopped under Section 345 of the Local Government Act or this District Plan may be increased from 20m when erosion is likely to reduce the width of the esplanade reserve Electricity Transmission Corridor No Build Area Subdivision is located outside the Electricity Transmission Corridor No Build Area (as shown in Appendix 12.1). Not applicable Electricity Transmission Corridor Assessment Area Subdivision is located outside the Electricity Transmission Corridor Assessment Area (as shown in Appendix 12.1). Not applicable Maungaturoto Dairy Factory Noise Contour Boundary The subdivision is located outside the Noise Contour Boundary surrounding the Maungaturoto Dairy Factory site as shown on Planning Maps 20 and 50 (Map Series 2). Note 1: For clarity, any subdivision within the Noise Contour Boundary of the Maungaturoto Dairy Factory will require Resource Consent under this performance standard. Not applicable

85 Rule Parameter Rural Permitted Activity Performance Standard Maungaturoto Dairy Factory Pipeline Corridor Assessment Area Subdivision of new lots is located outside the defined Assessment Area (see Appendix 12.1b: Maungaturoto Dairy Factory Pipeline Corridor Assessment Area) of the Maungaturoto Dairy Factory Pipeline as shown on the Planning Maps 20 and 50 (Map Series 2). Note 1: For clarity, any subdivision for new lots to be created in the defined Assessment Area (see Appendix 12.1b: Maungaturoto Dairy Factory Pipeline Corridor Assessment Area) of the Maungaturoto Dairy Factory Pipeline will require Resource Consent under this performance standard. Not applicable

86 Appendix 5 Ecological Benefit Report

87 ENVIRONMENTAL BENEFIT REPORT Prepared for the Proposed Subdivision of 59H Devich Road Mangawhai Lot 3 DP into 4 freehold lots May 2017

88 INTRODUCTION Jebemi (the Applicant ) seeks subdivision consent to subdivide an existing title which is currently vacant to create a total of 4 (3 additional) rural residential allotments by way of Environmental Benefit. The properties subject to the proposed subdivision are legally described as Lot 3 DP and has a total site area of ha. The properties are situated at Devich Road, Mangawhai. The Applicant wishes to create the additional allotments as part of the subdivision application prepared by Dream Planning Limited through the provisions of Rule Environmental Benefit Rule under the Kaipara District Plan (Operative Version) ( the Plan ). This report and associated recommendations have been prepared to ensure that the proposal does constitute an Ecological Benefit as per Rule and associated Chapter 24 Definitions for Environmental Benefit and Appendix 25 of the Plan. The recommendations in this report shall be included and read in conjunction with any future Landscape Management Plan or Weed Management Plan that will be conditioned by consent. Proposal consistency with District Plan As per Dream Planning s assessment of Rule outlined in the subdivision consent application, it is considered the proposal fits within the requirements of the Environmental Benefit Rule subject to the recommendations in this report being adhered too. A planning assessment has been provided for in the accompanying resource consent application. ECOLOGICAL CONTEXT SUBJECT SITE The subdivision is situated within the Northern Rodney Ecological District and is part of the Northern Conservancy. The Ecological District is abounded by the Otamatea Ecological District to the west, Waipu Ecological District to the north and the Rodney Ecological District (Auckland Conservancy) to the south. Soil type as identified in the Geotechnical Report undertaken by Wiley Consultants has identified the site as underlain by sedimentary rocks of the Pakiri Formation (Waitemata Group) (PF) comprising alternating thick-bedded, volcanic rich, graded sandstone and siltstone with volcaniclastic grit beds. The subject site is located on Devich Road and forms part of the upper reaches of the Mangawhai Harbour Catchment. The subject site contains a diverse range of contours and is gentle to moderately sloping in parts. The site contains an unnamed stream tributary which forms the northern boundary of the site which flows into the upper reaches of the Mangawhai harbour and the site also contains a significant gully system which also flows into the stream tributary, this gully system also contains an existing pond and dissects the site. The gully systems contain some mature sporadic indigenous species and are predominantly infested with weed species. Grazing of the stream edge from past agricultural practises is evident. Other indigenous and exotic vegetation are scattered throughout the site and the remainder of the site is in pasture.

89 The site forms part of a wider sequence of gully and stream systems, some which have been recently restored through similar environmental benefit type planting through the subdivision process. ECOLOGICAL CONTEXT SURROUNDING ENVIRONMENT Department of Conservation (DoC) has identified several significant natural areas within proximity to the site. Most of this work was conducted by rapid survey. These close proximity natural areas are identified within Appendix 1 and include the following: Wallbank Way Bush ROD026 Mangawhai Harbour Sandspit and Surrounds ROD014 Wallbank Way Lake ROD036 As aforementioned in this report the site is within close proximity to the following: ROD026 which is predominantly kanuka, manuka and totara forest with occasional Kahikatea, matai, kauri, tanekaha, rewarewa, ti kouka and mamaku. The PNAP records are attached as Appendix 1 to this report which outlines the flora and fauna present in further detail. ROD036 Wallbank Way Lake which includes an open water artificial lake and kanuka and manuka shurbland surrounding the lake edge. ROD014 Mangawhai Harbour, Sandspit and Surrounds which contains a number of different Ecological Units including pohutukawa forest, oioi saltmarch ribbonwood rushland, oioi sea rush rushland, mangrove forest, kanuka / manuka forest, ti kouka forest, macharina juncea-tangle fern harakeke-bracken sedgeland, sandfield, pingao and spinifex tussockland, poa billardierei tussockland, carex pumila sedgeland, wiwioioi sedgeland. The surrounding forest remnants provide an important stepping stone habitat and food resources for mobile fauna in a predominantly pastoral and rural residential landscape. The proposed ecological enhancement planting will provide an extension of these habitats in time and strengthen the ecological integrity of the stream tributary and gully system and runoff into the Mangawhai Harbour. Weed management of the proposed planting area will also be required to be undertaken prior to planting and on an on-going basis. The proposals provide for significant ecological enhancement of the site and surrounds, the proposed planting will be protected in perpetuity by way of the proposed conservation covenant. Considering the above circumstances, any restoration and/or protection of this area should be supported. The exiting gully and stream systems have been significantly degraded over time through grazing and weed infestation. Retiring these areas from grazing and enhancing through indigenous revegetation will significantly enhance the ecological values on site. In my opinion benefits of this proposal include the following: Provide a corridor linkage and habitat for wildlife including a food source for bird life which frequent the surrounding Forest Remnant vegetation;

90 Protect the existing and proposed corridor linkage and stream section in perpetuity through covenanting the proposed and existing vegetation. PROPOSED REVEGETATION PLANTING The attached map under Appendix 1 shows indicative planting areas. It is considered that an accurate analysis of riparian margin, gully system and dry bank will be required to be undertaken at the time of the preparation of the Landscape Management Plan to allow for accurate plant numbers and correct plant species application. It is considered that weed management within the proposed planting areas will be required prior to planting. The plant lists are as follows: Dry Bank Planting Botanical name Common name Plant grade Percentage recommended Plant spacing requirement Pittosporum tenufolium Kohuhu 7cm 5% 1.4 metre Cordyline australis Cabbage tree 7cm 10% 1.4 metre Cortaderia fulvida Toetoe 7cm 10% 1 metre Hebe stricta Koromiko 0.5 litre 10% 1.4 metre Pittosporum euginoides Lemonwood 7cm 5% 1.4 metre Knightia excelsa Rewarewa 1 litre 10% 1.4 metre Leptospernum scoparium Manuka 5cm 10% 1.4 metre Kunzea ericoides Kanuka 0.5 litre 25% 1.4 metre Pittosporum crassifolium Karo 0.5 litre 5% 1.4 metre Phormium tenax Flax 7cm 10% 1.4 metre Revegetation Gully System and Stream Edge Planting Botanical name Common name Plant grade Percentage recommended Plant spacing requirement Aristelia serrata Wineberry 0.5 litre 5% 1.4 metre Baumea articulata Jointed twig rush 0.5 litre 5% 1 metre Carex secta Purei 5cm 10% 1 metre Coprosma robusta Karamu 7cm 10% 1.4 metre Cordyline australis Cabbage tree 7cm 15% 1.4 metre Juncus pallidus Wiwi 7cm 5% 1 metre Leptospernum scoparium Manuka 5cm 35% 1.4 metre Phormium tenax Flax 7cm 10% 1.4 metre Pittosporum euginoides Lemonwood 7cm 5% 1.4 metre Proposed plantings and species selection have been selected to best replicate and restore past physiognomic characteristics while also ensuring plant species selection appropriate to soil type (geomorphic) and ecotone characteristics.

91 High percentages of Kanuka have been recommended for the dry embankment planting and Manuka within the gully systems as this is naturally occurring pioneer species in the area. Good seed source is in near vicinity as this is the dominant regenerating pioneer forest within this location and soil type. In the wetter areas dense planting will be required to compete with Kikuyu. Good site preparation and ongoing weed control will be paramount for future success of the plantings. Proposed species include a diverse mix which are appropriate to the locality and soil conditions and intended use of the site and will compliment and provide further linkages to the significant areas of indigenous vegetation and adjacent systems. Planting areas are outlined on the attached Landscape Plan and associated species list is attached as Appendix 3 and outlined above identifying species and spacing. The spacing s for each area have been determined to ensure that canopy cover is achieved within 3-5 years. As aforementioned it is considered that an accurate analysis of the various planting zones be undertaken at the time of landscape plan and management plan preparation as a condition of consent which is when plant numbers can be accurately worked out. CONCLUSION The subject site contains an unnamed stream tributary and gully system which feed directly into the upper reaches of the Mangawhai Harbour. This stream and gully system connects to a wider sequence of features and has been degraded on site by grazing and infestation of weed species. It is considered that the proposed revegetation of these systems and retiring this area from grazing will strengthen the wider ecological integrity of the site and adjacent systems. The ecological enhancement measures provide for further corridor linkages and strengthen habitat for flora and fauna. The site is within near vicinity (<1km) to several natural areas identified by DoC in the Natural Areas Report, and the proposed covenant areas will provide a steeping stone to these significant natural areas and to recent native revegetation planting areas which have been covenanted through the subdivision process. The proposed ecological enhancement planting and proposed covenant of this proposed vegetation provides for perpetual protection of an area which is significantly degraded at present and will become a significant area of vegetation and riparian margin for flora and fauna in the area. The proposed enhancement will help create corridor and ecological linkages within the local area which is vitally important to provide further habitat for wildlife and food for native birdlife. The areas provide for over 1.5ha of Environmental Benefit which is in line with the requirements of the District Plan. Section 6 if the Resource Management Act 1991 provides for the protection of Significant Natural Areas, my observations of the Kaipara District indicates that protection of Significant Natural Areas on private land is minimal. Enhancement and perpetual protection of the degraded stream tributary and gully system is a commendable outcome and shall result in enhanced biodiversity within the receiving environment which is a positive result.

92 RECOMMENDATIONS It is considered that the covenanting of the proposed vegetation will achieve the function of ecological restoration and provide corridors, buffers and linkages with surrounding significant vegetation and enhance the biodiversity for these and therefore constitutes an ecological benefit in accordance with Rule of the Plan. All plant material shall be eco-sourced from the Northern Rodney Ecological District. Growing in advance is highly recommended given the limited availability of some species recommended. That any Landscape Management Plan requested uses the details of this report and shall address detail with respect to planting areas, site preparation, plant supply/species, implementation and pest and plant maintenance. The Landscape Management Plan should be part of the conditions of consent requirements to ensure appropriate site preparation, planting technique, weed/pest control and plant survival for at least 5 years. Mapping shall be refined to ensure plant species selection is assigned to appropriate geomorphic habitat. Weed management will be required to be undertaken prior to planting. That a Weed Management Plan shall be prepared for proposed vegetation areas as part of the subdivision process for future landowners to undertake weed management of the ecological enhancement in perpetuity. All proposed planting areas shall be covenanted in perpetuity. The Conservation Covenants shall require that no farm animals shall be permitted within the covenanted areas. The covenanted areas shall be kept clean of invasive and / or woody weeds. Vegetation (except for invasive and / or woody weeds) within areas under covenant shall not be cut down or destroyed. That Council inspects the plantings regularly from the time planting has been undertaken to ensure that weed management and plant replacement are being undertaken for a period of 5 years from the date of practical completion. A consent notice be registered on each title to require fencing of the existing and proposed revegetation areas to a stock proof fence standard will be required. 1. References Natural Areas of Rodney Ecological District (Northland Conservancy) Reconnaissance Survey Report for the Protected Natural Areas Programme Report Prepared by: Kylie McLaughlin-Brown Landscape Architect Dream Planning BLA / MPLANPRAC MNZILA (Registered) MNZPI

93 Appendix 1 PNAP Plan

94 NOON ROD012 ROD014 ROD003 ROD011 ROD012 ROD037 ROD035 ROD014 ROD015 ROD033 ROD008 SUBJECT SITE N ROD026 3PM 11AM 10AM W E 4PM 5PM 2PM 4PM MID WINTER 1PM 3PM 2PM 1PM NOON 11AM 10AM 9AM 8AM 9AM 8AM 6PM 7AM ROD032 ROD036 7PM MID SUMMER 6AM ROD009 ROD025 ROD038 S Existing Boundary 500m Radius 1km Radius KEY NATURAL AREAS OF OTAMATEA ECOLOGICAL DISTRICT ROD003 Pukepohatu, Cattlemount and Surrounds ROD004 Pukekaroro Scenic Reserve and Surrounds ROD008 Hakaru River Forest Ribbon ROD009 Valley Road Remnants ROD011 Lois Wintle Bush and Pohutukawa Remnant ROD012 Tara Creek Remnants ROD014 Mangawhai Harbour, Sandspit and Surrounds ROD025 Cames Road Forest Remnants ROD026 Wallbank Way Bush ROD032 Wightmans Lawrence Road Swamp ROD033 Garbolino Road Swamp ROD035 Old Waipu Road Remnant ROD036 Wallbank Way Lake ROD037 Brown Road Remnant ROD038 Carter Road Remants ADDRESS 59H AND 59G DEVICH ROAD, MANGWAHI CLIENT / APPLICANT PROPOSAL CT # CT NA86A/93 JEBEMI LIMITED FOR THE PROPOSED SUBDIVISION OF LOT 3 DP (CT NA86A/93) INTO 4 FREEHOLD LOTS AT 59H DEVICH ROAD, MANGAWHAI SITE AREA DISCLAIMER Ha THE INFORMATION SHOWN ON THIS DRAWING IS FOR THE SOLE PURPOSE OF SUPPORTING A SUBDIVISION CONSENT APPLICATION UNDER THE RESOURCE MANAGEMENT ACT 1991 TO KAIPARA DISTRICT COUNCIL. THE INFORMATION MUST NOT BE USED FOR ANY OTHER PURPOSE. AREAS AND MEASUREMENTS ARE SUBJECT TO KAIPARA DISTRICT COUNCIL AND LINZ FINAL APPROVAL. TITLE SHEET 01 NATURAL AREAS OF OTAMATEA ECOLOGICAL DISTRICT (NORTHLAND CONSERVANCY) SCALE A3 NOTE THAT ALL MEASUREMENTS ARE IN METRES UNLESS SHOWN D R E A M P L A N N I N G PO BOX 123, MANGAWHAI PH (09) admin@dream-inc.co.nz WEB ALL DRAWINGS ARE THE PROPERTY & COPYRIGHT OF DREAM PLANNING REF # DPS VERSION # A DATE 20 / 04 / 2017 DRAWN BY EE

95 Appendix 2 Landscape Plan

96 92m 92m 179m 8m 12m 8m9m 10m D E VIC H R O A D 100m 79m LOT 6 DP LOT 9 DP LOT 2 DP m 74m Existing Stream 36m 78m 91m 73m LOT 1 36m 49m 71m 22m 22m 83m JOAL 101 LOT 2 7m 51m 30m LOT 1 DP m Existing Pond 15m LOT 4 LOT 3 60m 60m LOT 4 DP m 21m 109m m 248m 88m 39m 39m 51m LOT100 DP N 1PM 2PM 3PM 2PM 1PM 4PM NOON MID WINTER 3PM NOON 4PM 5PM 11AM 6PM 10AM 7PM 9AM MID SUMMER 8AM 11AM W E 10AM 9AM 8AM 7AM 6AM S Existing Boundary Proposed Boundary Neighbouring Property Boundaries Proposed Building Platform LANDSCAPING FEATURES KEY Proposed Conservation Covenant Total Area Ha ADDRESS CLIENT / APPLICANT PROPOSAL 59H DEVICH ROAD, MANGAWHAI JEBEMI LIMITED FOR THE PROPOSED SUBDIVISION OF LOT 3 DP (CT NA86A/93) INTO 4 FREEHOLD LOTS AT 59H DEVICH ROAD, MANGAWHAI TITLE SHEET 04 LANDSCAPE PLAN SCALE A3 NOTE THAT ALL MEASUREMENTS ARE IN METRES UNLESS SHOWN REF # Proposed Driveway (Carriageway 3m wide) CT # Proposed Single Vehicle Crossing formed to Kaipara District Council Engineering Standards 2011 PROPOSED CONSERVATION COVENANT AREA Covenant Identifier CT NA86A/93 SITE AREA DISCLAIMER Ha THE INFORMATION SHOWN ON THIS DRAWING IS FOR THE SOLE PURPOSE OF SUPPORTING A SUBDIVISION CONSENT APPLICATION UNDER THE RESOURCE MANAGEMENT ACT 1991 TO KAIPARA DISTRICT COUNCIL. THE INFORMATION MUST NOT BE USED FOR ANY OTHER PURPOSE. AREAS AND MEASUREMENTS ARE SUBJECT TO KAIPARA DISTRICT COUNCIL AND LINZ FINAL APPROVAL. D R E A M P L A N N I N G PO BOX 123, MANGAWHAI PH (09) admin@dream-inc.co.nz WEB ALL DRAWINGS ARE THE PROPERTY & COPYRIGHT OF DREAM PLANNING DPS VERSION # A DATE 12 / 05 / 2017 DRAWN BY EE

97 Appendix 3 Species Schedule Dry Bank Planting Botanical name Common name Plant grade Percentage recommended Plant spacing requirement Pittosporum tenufolium Kohuhu 7cm 5% 1.4 metre Cordyline australis Cabbage tree 7cm 10% 1.4 metre Cortaderia fulvida Toetoe 7cm 10% 1 metre Hebe stricta Koromiko 0.5 litre 10% 1.4 metre Pittosporum euginoides Lemonwood 7cm 5% 1.4 metre Knightia excelsa Rewarewa 1 litre 10% 1.4 metre Leptospernum scoparium Manuka 5cm 10% 1.4 metre Kunzea ericoides Kanuka 0.5 litre 25% 1.4 metre Pittosporum crassifolium Karo 0.5 litre 5% 1.4 metre Phormium tenax Flax 7cm 10% 1.4 metre Revegetation Gully System and Stream Edge Planting Botanical name Common name Plant grade Percentage recommended Plant spacing requirement Aristelia serrata Wineberry 0.5 litre 5% 1.4 metre Baumea articulata Jointed twig rush 0.5 litre 5% 1 metre Carex secta Purei 5cm 10% 1 metre Coprosma robusta Karamu 7cm 10% 1.4 metre Cordyline australis Cabbage tree 7cm 15% 1.4 metre Juncus pallidus Wiwi 7cm 5% 1 metre Leptospernum scoparium Manuka 5cm 35% 1.4 metre Phormium tenax Flax 7cm 10% 1.4 metre Pittosporum euginoides Lemonwood 7cm 5% 1.4 metre

98 Appendix 6 Landscape Plan

99 92m 92m 179m 8m 12m 8m9m 10m D E VIC H R O A D 100m 79m LOT 6 DP LOT 9 DP LOT 2 DP m 74m Existing Stream 36m 78m 91m 73m LOT 1 36m 49m 71m 22m 22m 83m JOAL 101 LOT 2 7m 51m 30m LOT 1 DP m Existing Pond 15m LOT 4 LOT 3 60m 60m LOT 4 DP m 21m 109m m 248m 88m 39m 39m 51m LOT100 DP N 1PM 2PM 3PM 2PM 1PM 4PM NOON MID WINTER 3PM NOON 4PM 5PM 11AM 6PM 10AM 7PM 9AM MID SUMMER 8AM 11AM W E 10AM 9AM 8AM 7AM 6AM S Existing Boundary Proposed Boundary Neighbouring Property Boundaries Proposed Building Platform LANDSCAPING FEATURES KEY Proposed Conservation Covenant Total Area Ha ADDRESS CLIENT / APPLICANT PROPOSAL 59H DEVICH ROAD, MANGAWHAI JEBEMI LIMITED FOR THE PROPOSED SUBDIVISION OF LOT 3 DP (CT NA86A/93) INTO 4 FREEHOLD LOTS AT 59H DEVICH ROAD, MANGAWHAI TITLE SHEET 04 LANDSCAPE PLAN SCALE A3 NOTE THAT ALL MEASUREMENTS ARE IN METRES UNLESS SHOWN REF # Proposed Driveway (Carriageway 3m wide) CT # Proposed Single Vehicle Crossing formed to Kaipara District Council Engineering Standards 2011 PROPOSED CONSERVATION COVENANT AREA Covenant Identifier CT NA86A/93 SITE AREA DISCLAIMER Ha THE INFORMATION SHOWN ON THIS DRAWING IS FOR THE SOLE PURPOSE OF SUPPORTING A SUBDIVISION CONSENT APPLICATION UNDER THE RESOURCE MANAGEMENT ACT 1991 TO KAIPARA DISTRICT COUNCIL. THE INFORMATION MUST NOT BE USED FOR ANY OTHER PURPOSE. AREAS AND MEASUREMENTS ARE SUBJECT TO KAIPARA DISTRICT COUNCIL AND LINZ FINAL APPROVAL. D R E A M P L A N N I N G PO BOX 123, MANGAWHAI PH (09) admin@dream-inc.co.nz WEB ALL DRAWINGS ARE THE PROPERTY & COPYRIGHT OF DREAM PLANNING DPS VERSION # A DATE 12 / 05 / 2017 DRAWN BY EE

100 Appendix 7 Geotechnical Report

101 GEOTECHNICAL ENGINEERING SERVICES 22 March 2017 P and T Dawson C/: Jackson Worsfold (Dream Planning) jacksonw@dream-inc.co.nz RE: Geotechnical Investigation for Proposed Subdivision at 59H Devich Road, Mangawhai Wiley Geotechnical Limited (WGL) was requested by Jackson Worsfold (Dream Planning) acting on behalf of P and T Dawson to provide a geotechnical investigation to support an application for a 4 Lot subdivision as shown in Dream Planning drawings (Reference DP dated 6/10/2016). We understand there are no existing residential dwelling structures on the site apart from a small shed located on Lot 1 and various small farm structures. We expect further testing will be required to support future building consent applications once development plans are known for the individual lots. WGL visited the site on 20 th March 2017 and made the following observations: The site is located on a gentle to moderate north-west facing slope. A creek passes through the site flowing in a north east direction. An existing pond is located towards on the centre of the site. Potentially suitable building sites were identified on each of the proposed lots. Four hand augers and a Scala Penetrometer (Scala) test were undertaken within potentially suitable building sites to a maximum depth of 3 m below ground level. Geology The GNS map for the site indicates that it is underlain by sedimentary rocks of the Pakiri Formation (Waitemata Group) (PF) comprising alternating thick-bedded, volcanic rich, graded sandstone and siltstone with volcaniclastic grit beds. Seismic Hazards Since there are no known active faults crossing the property, it is our opinion that ground rupture is unlikely at the subject property. Granular soils, such as sand, are susceptible to liquefaction in the event of future earthquakes. This may result in settlement or lateral deformation. Based on the regional earthquake risk (discussed further below) and depth to groundwater, it is our opinion that there is a relatively low risk of liquefaction induced settlement or lateral movement such that specific liquefaction design is not required. Unit 4, 6 Molesworth Drive, Mangawhai PO Box , Albany, Auckland 0752

102 Geotechnical Assessment 2 59H Devich Road, Mangawhai We recommend that the future structures and improvements are design to account for seismic shaking and ground motions. For seismic design at the site and in line with NZS :2004 the corresponding design peak ground accelerations (PGA) for the site have been calculated from NZS :2004 using the recommendations of the New Zealand Geotechnical Society as follows: a h = Z R C In which: Z = base PGA called Hazard factor and is given by Table 3.3 and Figures 3.3 and 3.4 of NZS :2004. Z = 0.13 for areas north of Auckland. R = Return period factor and is given by Table 3.5 of NZS :2004 (R = 1.0 for 500 year return period and R = 0.25 for a 25 year return period) C = Site response factor called Spectral shape factor in NZS :2004 and is based on the seismic site classification. We consider this site to be Class C, based on soil depth and therefore C = The design PGA at the site is given as: ULS: a h = 0.13 x 1.00 x 1.33 = 0.17 (i.e. PGA = 0.17 g) SLS: a h = 0.13 x 0.25 x 1.33 = 0.04 (i.e. PGA = 0.04 g) Field Exploration and Subsurface Conditions WGL carried out a shallow subsurface investigation consisting of four hand augers with shear vane testing within the approximate areas shown on the site plan below. The test locations are near the centre of the proposed building areas

103 Geotechnical Assessment 3 59H Devich Road, Mangawhai Image sourced from Google Earth N HA 1 HA 3 HA 2 HA 4 Figure 1: Approximate Subsurface Exploration Locations The hand auger was carried out to a depths of 2.1 and 3.0 m. The subsurface material encountered in our hand auger investigation generally consisted of topsoil underlain by slightly to moderately clayey silt with occasional slightly sandy horizons at deeper depths. Desiccation cracking was observed up to 0.6 m depth. Organics from an inferred historically buried tree by colluvium was encountered in borehole HA1 at 1 m depth. This buried tree created a void with no resistance encountered with the hand augur passing through. The measured undrained shear strengths across the site generally exceeded 100 kpa, except for borehole HA1 where shear strengths ranged from 28 kpa to and inferred 200+ kpa. A Scala Penetrometer test was carried out at the base of borehole HA1 to a depth of 5.1 m. Groundwater was not encountered during our testing. Based on this, it is our opinion that the material encountered in our subsurface investigation is broadly consistent with published geologic mapping. The bore logs presented as an appendix to this report and are written in general accordance with the New Zealand Geotechnical Society field classification guidelines (NZGS, 2005). Expansive Soils Expansive clay and silt soils are common in the wider Northland region and have the tendency to shrink and swell, particularly with seasonal fluctuations of soil water content. This behavior has implications for foundation design and surface structures and should be incorporated during foundation design

104 Geotechnical Assessment 4 59H Devich Road, Mangawhai Based on our visual and field assessment of the soils encountered onsite, and our experience in the area, we consider that the Expansive Site Class for this site is M - moderate - in accordance with AS Accordingly, the minimum footing depth is 600 mm below cleared ground level. Conclusions and Recommendations It is our opinion that the proposed development is feasible from a geotechnical point of view, provided the recommendations presented in this report and standard development practices are incorporated in the design and construction of the project. The shear vane readings and Scala Penetrometer result indicate a suitable bearing capacity is available for future residential development. Foundations Lots 2, 3 & 4 It is our opinion that wooden piles designed in accordance with NZS3604 (2011) would likely provide a suitable foundation for future dwellings with anchor piles embedded to a minimum depth of 0.9 m, and all other piles are embedded to a minimum depth of 0.6 m. Piles on a sloping building pad should be embedded to have a toe level extending at least 600 mm below the lowest ground surface within 2 m. Additional evaluation may be required if the building site is sloped at greater than 3:1 (H:V). A concrete foundation may also be feasible. We would expect that a minimum 300 mm layer of compacted hard fill is placed prior to applying blinding sand for any reinforced concrete slab and foundation elements have a minimum embedment depth of 0.6 m. We would expect that a geotechnical ultimate bearing capacity of 300 kpa would be available; however further geotechnical investigations and design shall have to be carried out at the building consent stage. Foundations Lot 1 Due to the softer nature of the soils encountered in borehole HA1, along with the historically buried tree creating a type of void at depth, we envisage deep foundation piles being required to develop a residential structure on this Lot. Based on the shear vane testing and Scala Penetrometer results, we would expect wooden piles designed in accordance with NZS3604 (2011) extending to a minimum depth of 4 m to be suitable. Drive timber piles with a minimum SED of 200 mm are likely to the most suitable method of placing foundation piles. We would expect that a geotechnical ultimate bearing capacity of 300 kpa would be available; however further geotechnical investigations and design shall have to be carried out at the building consent stage. Onsite Wastewater Disposal We consider the proposed Lots would be suitable for either a Primary or Secondary wastewater system depending on the final location of future dwellings. Both the Primary and the Secondary systems require the effluent field to be fenced if the land intends to be grazed. The final onsite wastewater disposal system must conform with G13 of the NZ Building code. There are a number of proprietary systems available to suit the requirements of the proposed dwelling, which are a function of the building footprint and total number of occupants

105 Geotechnical Assessment 5 59H Devich Road, Mangawhai Any treated material must be dispersed in a controlled manner across a relatively level discharge area in order to maximise the efficient infiltration of material without compromising the stability of any slopes. To this end, we recommend that the effluent disposal fields be located clear of the building locations. In terms of AS/NZS: ) a Soil Category of 4 should be adopted (i.e. Clay loams imperfectly drained) or TP58 Soil Category 5 ( Sandy Clay-Loam, moderately to slow draining ). Stormwater We recommend that stormwater overflow from newly developed dwelling water tanks is directed downslope via closed conduit towards the existing creek. The outlet of the stormwater pipe should not be positioned above sloping ground where the risk of slope instability would be increased. We recommend the outlet pipe directs water in to rip rap erosion protection. This should consist of geotextile cloth placed upon insitu soil with clean rock of mm in diameter. This area should be a minimum of 1 m wide and 3 m in length. If flow to the existing creek is not available, we recommend implementing suitable subsoil level spreader to disperse stormwater runoff from future water tank overflow pipe(s). This should consist of a 0.5 m wide by a 0.5 m deep excavation with a perforated 110 mm novacoil pipe backfilled with clean drainage rock. The base and side should be wrapped with a geotextile cloth (Bidim A29, Cirtex AS410 or similar approved product) and fold over the top of the drainage metal enclosing it. The subsoil level spreader should be constructed to have 1 m length for every 10 m 2 of roof area of the proposed dwelling. LIMITATIONS (i) (ii) (iii) This report has been prepared for the use of our client, P and T Dawson and their professional advisers and the relevant Regional Authorities in relation to the specified project brief described in this report. No liability is accepted for the use of any part of the report for any other purpose or by any other person or entity. Assessments made in this report are based on the ground conditions indicated from published sources, site inspections and subsurface investigations described in this report based on accepted normal methods of site investigations. Variations in ground conditions may exist between test locations and therefore have not been taken into account in the report. If variations are found during excavation or at foundation preparation stage WGL should be notified immediately so we can amend our recommendations. This Limitation should be read in conjunction with the IPENZ/ACENZ Standard Terms of Engagement. We trust that this information meets your current requirements. Please do not hesitate to contact the undersigned on or matt@wileygeotechnical.co.nz if you require any further information

106 Geotechnical Assessment 6 59H Devich Road, Mangawhai John Rowland, BEng Matt Wiley, CPEng Geotechnical/Stormwater Engineer Principal Engineer Attachments: - Bore Logs

107 WILEY GEOTECHNICAL LTD BOREHOLE No. 1 SITE: 59H Devich Road, Mangawhai REF: Sheet 1 of 4 REDUCED LEVEL (RL) INFERRED GEOLOGY DESCRIPTION OF SOIL TOPSOIL to 150 mm: dk brown SOIL SYMBOL DEPTH (m) SAMPLE TYPE WATER CONTENT (%) WATER LEVEL CORRECTED VANE SHEAR STRENGTH (kpa) Peak Field Vane Remoulded Field vane SCALA PENETROMETER BLOWS / 100 mm Pakiri Formation of the Waitemata Group? Colluvium SILT slightly clayey, slightly sandy, friable, light brown with orange/brown staining increase in sand moderately clayey, moderately plastic, light grey, slightly sandy tree roots, almost hollow/void, collapsing light grey with occasional inclusions hole squeezing E.O.B: 3.0 m NOTES Groundwater was not encountered. Continued with Scala Penetrometer. LOGGED BY: MW & CS DATE DRILLED: 20-Mar-17 DRILL METHOD: 50 mm Hand Auger

108 WILEY GEOTECHNICAL LTD BOREHOLE No. 2 SITE: 59H Devich Road, Mangawhai REF: Sheet 2 of 4 REDUCED LEVEL (RL) INFERRED GEOLOGY TOPSOIL: dk brown DESCRIPTION OF SOIL SOIL SYMBOL DEPTH (m) SAMPLE TYPE WATER CONTENT (%) WATER LEVEL CORRECTED VANE SHEAR STRENGTH (kpa) Peak Field Vane Remoulded Field vane SCALA PENETROMETER BLOWS / 100 mm SILT moderately clayey, moderately plastic, light brown with orange/brown staining Pakiri Formation of the Waitemata Group desiccation cracking to 0.6 m depth light grey with orange/brown mottling light grey dry E.O.B: 2.1 m NOTES Groundwater was not encountered. LOGGED BY: MW & CS DATE DRILLED: 20-Mar-17 DRILL METHOD: 50 mm Hand Auger

109 WILEY GEOTECHNICAL LTD BOREHOLE No. 3 SITE: 59H Devich Road, Mangawhai REF: Sheet 3 of 4 REDUCED LEVEL (RL) INFERRED GEOLOGY TOPSOIL: dk brown DESCRIPTION OF SOIL SOIL SYMBOL DEPTH (m) SAMPLE TYPE WATER CONTENT (%) WATER LEVEL CORRECTED VANE SHEAR STRENGTH (kpa) Peak Field Vane Remoulded Field vane SCALA PENETROMETER BLOWS / 100 mm SILT moderately clayey, slightly plastic, light brown with orange/brown mottling Pakiri Formation of the Waitemata Group desiccation cracking to 0.55 m depth slightly sandy horizon light grey with orange/brown mottling increase in moisture E.O.B: 2.1 m NOTES Groundwater was not encountered. LOGGED BY: MW & CS DATE DRILLED: 20-Mar-17 DRILL METHOD: 50 mm Hand Auger

110 WILEY GEOTECHNICAL LTD BOREHOLE No. 4 SITE: 59H Devich Road, Mangawhai REF: Sheet 4 of 4 REDUCED LEVEL (RL) INFERRED GEOLOGY DESCRIPTION OF SOIL TOPSOIL to 150 mm: dk brown SOIL SYMBOL DEPTH (m) SAMPLE TYPE WATER CONTENT (%) WATER LEVEL CORRECTED VANE SHEAR STRENGTH (kpa) Peak Field Vane Remoulded Field vane SCALA PENETROMETER BLOWS / 100 mm SILT moderately clayey, slightly plastic, light brown with orange/brown mottling Pakiri Formation of the Waitemata Group desiccation cracking to 0.6 m depth occasional slightly to moderately sandy pink staining occasional white clasts E.O.B: 2.1 m NOTES Groundwater was not encountered. LOGGED BY: MW & CS DATE DRILLED: 20-Mar-17 DRILL METHOD: 50 mm Hand Auger

111 Appendix 8 Subdivision Consent RM160174

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141 Appendix 9 Engineering Design Jointly Owned Access Lot

142 Development of 59G Devich Road, Mangawhai Roading Design Report 11 April

143 Development of 59G Devich Road, Mangawhai Roading Design Report Development of 59G Devich Road, Mangawhai Roading Design Report Dear Tom, Thank you for the opportunity for Civix Limited to provide a Roading Design Report for the Development of 59G Devich Road, Mangawhai. The report and drawings contained in this document show the private accessway design for the Development of 59G Devich Road, Mangawhai. Please do not hesitate to contact us if you have any questions on this report, Yours faithfully Sam Blackbourn Director of Engineering sam@civix.co.nz civix.co.nz CIVIX LIMITED 1

144 Development of 59G Devich Road, Mangawhai Roading Design Report Contents 1. Introduction Site description & Proposal Roading Earthworks Stormwater Conclusions Limitations... 5 Table 1 Drawing Index Drawing no. Description Roading Layout Plans 0210 Roading Longsection 0250 Roading Details Roading Standard Details 0690 Stormwater Standard Details 2

145 Development of 59G Devich Road, Mangawhai Roading Design Report 1. Introduction Civix Limited has been engaged to provide an 59G Devich Road, Mangawhai for the proposed development at 59G Devich Road, Mangawhai. This report has been solely prepared for the benefit of this specific project. Civix Limited accepts no liability whatsoever for inaccuracies in third party information used as part of this report. The reliance by other parties on the information or opinions contained in the report shall, without our prior review and agreement in writing, be at the other parties risk. This report is based on development data provided by Third party consultancies and Councils current to the development at the time of this documents production. Should alterations be made which impact upon the development then the design and recommendations contained within this report may no longer be valid. In the event of the above, the owner should notify Civix Limited immediately to enable the alterations to be assessed and, if required, the design and/or recommendations shall be amended. 2. Site description & Proposal The site is located in Mangawhai, accessed from Devich Rd. There are currently six houses utilising the unsealed accessway. There are two existing houses on the property on the same title. The proposal is to subdivide 59G Devich Road, Mangawhai, the Resource Consent for this subdivision requires the upgrade of the accessway serving the proposed new sections. This report contains details for the engineering approval application for the upgrade of this accessway. 3. Roading Resource consent RM condition 6.D contains the requirement to upgrade the JOAL from the access point to Lot 7 DP to a 5.5m wide formation width. KDC Engineering Standards Table 5.1 gives the following design parameters for a 5.5m wide Joal servicing 7-10 properties: Minimum Carriageway Width 5.5m Minimum Design Speed (Metal) 35 km/h Minimum Radius 55m Minimum SSD 40m Minimum Crest K 3.2 Minimum Sag K 1.0 Maximum Grade 12.5% Drawings shows the proposed road layout plans, drawing 0210 shows the proposed road longsection, drawing 0230 shows the proposed road cross section and details and drawings show the relevant roading standard details from the Kaipara Engineering Standards. 3

146 Development of 59G Devich Road, Mangawhai Roading Design Report The designs provided comply with the details in the engineering standards, except for two items regarding shoulder width and corner radius. The proposed shoulder width is 0.5m, whilst the engineering standard details recommend a 1.6m shoulder width. The shoulder width is reduced as proposed as a 1.6m shoulder width would significantly increase the quantity of earthworks required to form the roadway. The 0.5m value is recommended in NZS4404:2010 and is considered suitable for use is this situation. The radius of the main curve in the alignment at chainage 160m to 230m is 41.4m, smaller than the 55m recommended in the KDC engineering standards. The radius is reduced at this location to avoid cutting the corner on 59B Devich Road. Based on detail S04 in the engineering standards the curve has been widened by 0.7m in this location to accommodate the reduced radius of this corner. The extent of seal at the intersection with Devich Road has been extended to the vehicle crossing of 59A Devich Rd at the request of the property owner. The extent of seal provided exceeds that required in the vehicle crossing detail shown in drawing Resource consent RM condition 5.E contains the requirement to provide to council the design of the new vehicle crossings for Lot 3 and 4 of the subdivision proposal. Drawings 0204 and 0205 show the proposed locations of the two new vehicle crossings with KDC detail S06 to be used for their construction and pavement design details for the new driveways shown on drawing Earthworks The longsection shown in drawing 0210 shows the proposed grade of the roadway mimics the existing carriageway level. The extent of earthworks is shown on drawing and the main impact of the widening is batter into number 43 Devich Road. The owner of 43 Devich Rd has expressed approval to accommodate the batter into their property for the accessway widening. 5. Stormwater Four existing culverts along the alignment are required to be extended as part of the widening works. Culvert locations for extension are shown in drawings and standard details for the culverts are shown in drawings Culverts should be extended using the same diameter and class of pipe as the existing culverts. 6. Conclusions The roading extension proposed meets the requirements of the Resource Consent RM condition 6.D for the development through the provision of a widened 5.5m wide accessway for 690m along the existing ROW. The two new vehicle crossings proposed meet the requirements of Resource Consent RM condition 5.E for details of the new vehicle crossings for Lot 3 & 4 to be provided to council for approval. 4

147 Development of 59G Devich Road, Mangawhai Roading Design Report 7. Limitations This assessment contains the professional opinion of Civix Limited Staff relating to this development. Civix Limited Staff used their professional judgement and acted in accordance with the standards of care and skill normally exercised by professional engineers providing similar services in similar circumstances. No other express or implied warranty is made as to the professional advice contained in this report. We have prepared this report in accordance with the brief provided and following our terms of engagement. The information contained in this report has been prepared by Civix Limited for the client and is exclusively for its client use and reliance. It is not possible to make an assessment of this report without understanding the terms of engagement under which it has been prepared, including the scope of the instructions and directions given to and the assumptions made by Civix Limited. The assessment will not address issues which would need to be considered for another party if that parties particular circumstances, requirements and experience were known and, further, may make assumptions about matters of which a third party is not aware. No responsibility or liability to any third party is accepted for any loss or damage arising out of the use of or reliance on this assessment by any third party. The assessment is also based on information that has been provided to Civix Limited from other sources or by other parties. The assessment has been prepared strictly on the basis that the information that has been provided is accurate, completed, and adequate. To the extent that any information is inaccurate, incomplete or inadequate. Civix Limited takes no responsibility or liability whatsoever for any loss or damage that results from any design and assessment based on information that has been provided to Civix Limited. 5

148 60 EXTEND EXISTING CULVERT 200 NEW CULVERT CONTOURS (TOPO 20m) EXISTING CARRIAGEWAY EXTENT EXISTING CULVERT ROAD CENTRELINE EARTHWORKS EXTENT 140 CARRIAGEWAY EDGE 260 STREAMS 120 EXISTING PARCELS B 280 EXTEND EXISTING CULVERT EXTEND EXISTING CULVERT EXTEND EXISTING CULVERT A m 20 NOTES 1. ALL WORK TO COMPLY WITH REGULATORY AUTHORITY STANDARDS. ANY AMBIGUITY BETWEEN DRAWINGS AND COUNCIL STANDARDS TO BE REPORTED TO THE ENGINEER FOR CLARIFICATION 2. THE CONTRACTOR IS TO PEG INFRASTUCTURE LOCATIONS AND EARTHWORKS LEVELS PRIOR TO ORDERING MATERIALS. 3. UNDERFILL DRAINAGE IS TO BE INSTALLED AT THE DIRECTION OF THE ENGINEER. IF THE CONTRACTOR ENCOUNTERS SPRINGS OR OTHER SOURCES OF WATER, THEY ARE TO NOTIFY THE ENGINEER. 4. EARTHWORKS ARE NOT TO BE EXTENDED INTO ADJOINING SITES UNLESS THE ENGINEER HAS ISSUED SPECIFIC INSTRUCTIONS 5. THE CONTRACTOR IS RESPONSIBILE FOR IDENTIFYING AND PROTECTING EXISTING SERVICES AND DRAINAGE ON AND OFF SITE 6. THE CONTRACTOR SHALL CLARIFY THE AREAS AND EXTENT OF CLEARING WITH THE ENGINEER BEFORE COMMENCEMENT AND CONFIRM THAT ALL NECESSARY CONSENTS ARE IN PLACE. 7. EARTHWORKS TOLERANCES ARE TO BE +-25mm 8. CONTOURS ARE APPROXIMATE, LIDAR OR SURVEY IS REQUIRED TO COMPLETE DETAILED DESIGN. REVISION AMENDMENT BY DESIGNED: SB DRAWN: SB RELEASED: SB PROJECT: TITLE: STATUS: 59G DEVICH ROAD, MANGAWHAI ROAD ALIGNMENT PLAN THIS DRAWING AND DESIGN IS THE PROPERTY OF CIVIX LIMITED. THIS DRAWING MAY NOT BE COPIED OR ALTERED WITHOUT WRITTEN APPROVAL FROM CIVIX LIMITED. NO LIABILITY IS ACCEPTED FOR UNAUTHORISED USE OF THIS DRAWING. LEVELS ARE IN TERMS OF LAND AND SURVEY DATUM. AREAS AND MEASUREMENTS ARE SUBJECT TO SURVEY. DRAWING NO: SCALE & SIZE: FOR ENGINEERING APPROVAL 0200 REV: 1:1,000 A3 APR 2017

149 420 59C NEW CULVERT CONTOURS (TOPO 20m) EXISTING CARRIAGEWAY EXTENT EXISTING CULVERT 440 ROAD CENTRELINE EARTHWORKS EXTENT CARRIAGEWAY EDGE 460 STREAMS EXISTING PARCELS m D NOTES 1. ALL WORK TO COMPLY WITH REGULATORY AUTHORITY STANDARDS. ANY AMBIGUITY BETWEEN DRAWINGS AND COUNCIL STANDARDS TO BE REPORTED TO THE ENGINEER FOR CLARIFICATION 2. THE CONTRACTOR IS TO PEG INFRASTUCTURE LOCATIONS AND EARTHWORKS LEVELS PRIOR TO ORDERING MATERIALS. 3. UNDERFILL DRAINAGE IS TO BE INSTALLED AT THE DIRECTION OF THE ENGINEER. IF THE CONTRACTOR ENCOUNTERS SPRINGS OR OTHER SOURCES OF WATER, THEY ARE TO NOTIFY THE ENGINEER. 4. EARTHWORKS ARE NOT TO BE EXTENDED INTO ADJOINING SITES UNLESS THE ENGINEER HAS ISSUED SPECIFIC INSTRUCTIONS 5. THE CONTRACTOR IS RESPONSIBILE FOR IDENTIFYING AND PROTECTING EXISTING SERVICES AND DRAINAGE ON AND OFF SITE 6. THE CONTRACTOR SHALL CLARIFY THE AREAS AND EXTENT OF CLEARING WITH THE ENGINEER BEFORE COMMENCEMENT AND CONFIRM THAT ALL NECESSARY CONSENTS ARE IN PLACE. 7. EARTHWORKS TOLERANCES ARE TO BE +-25mm 8. CONTOURS ARE APPROXIMATE, LIDAR OR SURVEY IS REQUIRED TO COMPLETE DETAILED DESIGN. REVISION AMENDMENT BY DESIGNED: SB DRAWN: SB RELEASED: SB PROJECT: TITLE: STATUS: 59G DEVICH ROAD, MANGAWHAI ROAD ALIGNMENT PLAN THIS DRAWING AND DESIGN IS THE PROPERTY OF CIVIX LIMITED. THIS DRAWING MAY NOT BE COPIED OR ALTERED WITHOUT WRITTEN APPROVAL FROM CIVIX LIMITED. NO LIABILITY IS ACCEPTED FOR UNAUTHORISED USE OF THIS DRAWING. LEVELS ARE IN TERMS OF LAND AND SURVEY DATUM. AREAS AND MEASUREMENTS ARE SUBJECT TO SURVEY. DRAWING NO: SCALE & SIZE: FOR ENGINEERING APPROVAL 0201 REV: 1:1,000 A3 APR 2017

150 " " " " NEW CULVERT CONTOURS (TOPO 20m) EXISTING CARRIAGEWAY EXTENT EXISTING CULVERT ROAD CENTRELINE EARTHWORKS EXTENT CARRIAGEWAY EDGE STREAMS EXISTING PARCELS 40 " 10.00m 20 " 6.84m EXTENT OF SEAL " m 8.58m " 6.00m " " " " " 59A " DEVICH RD 19.92m EXTEND EXISTING CULVERT 10.00m m NOTES 1. ALL WORK TO COMPLY WITH REGULATORY AUTHORITY STANDARDS. ANY AMBIGUITY BETWEEN DRAWINGS AND COUNCIL STANDARDS TO BE REPORTED TO THE ENGINEER FOR CLARIFICATION 2. THE CONTRACTOR IS TO PEG INFRASTUCTURE LOCATIONS AND EARTHWORKS LEVELS PRIOR TO ORDERING MATERIALS. 3. UNDERFILL DRAINAGE IS TO BE INSTALLED AT THE DIRECTION OF THE ENGINEER. IF THE CONTRACTOR ENCOUNTERS SPRINGS OR OTHER SOURCES OF WATER, THEY ARE TO NOTIFY THE ENGINEER. 4. EARTHWORKS ARE NOT TO BE EXTENDED INTO ADJOINING SITES UNLESS THE ENGINEER HAS ISSUED SPECIFIC INSTRUCTIONS 5. THE CONTRACTOR IS RESPONSIBILE FOR IDENTIFYING AND PROTECTING EXISTING SERVICES AND DRAINAGE ON AND OFF SITE 6. THE CONTRACTOR SHALL CLARIFY THE AREAS AND EXTENT OF CLEARING WITH THE ENGINEER BEFORE COMMENCEMENT AND CONFIRM THAT ALL NECESSARY CONSENTS ARE IN PLACE. 7. EARTHWORKS TOLERANCES ARE TO BE +-25mm 8. CONTOURS ARE APPROXIMATE, LIDAR OR SURVEY IS REQUIRED TO COMPLETE DETAILED DESIGN. REVISION AMENDMENT BY DESIGNED: SB DRAWN: SB RELEASED: SB PROJECT: TITLE: STATUS: 59G DEVICH ROAD, MANGAWHAI ROAD ALIGNMENT PLAN THIS DRAWING AND DESIGN IS THE PROPERTY OF CIVIX LIMITED. THIS DRAWING MAY NOT BE COPIED OR ALTERED WITHOUT WRITTEN APPROVAL FROM CIVIX LIMITED. NO LIABILITY IS ACCEPTED FOR UNAUTHORISED USE OF THIS DRAWING. LEVELS ARE IN TERMS OF LAND AND SURVEY DATUM. AREAS AND MEASUREMENTS ARE SUBJECT TO SURVEY. DRAWING NO: SCALE & SIZE: FOR ENGINEERING APPROVAL 0202 REV: 1:200 A3 APR 2017

151 41.39m NEW CULVERT CONTOURS (TOPO 20m) EXISTING CARRIAGEWAY EXTENT ADDITIONAL CARRIAGEWAY WIDENING ON CURVE EXISTING CULVERT " ROAD CENTRELINE 6.20m 200 EARTHWORKS EXTENT EXTEND EXISTING CULVERT " CARRIAGEWAY EDGE 180 NEW EXTENT NO WIDER THAN EXISTING ON SOUTH SIDE " 220 STREAMS EXISTING PARCELS m NOTES 1. ALL WORK TO COMPLY WITH REGULATORY AUTHORITY STANDARDS. ANY AMBIGUITY BETWEEN DRAWINGS AND COUNCIL STANDARDS TO BE REPORTED TO THE ENGINEER FOR CLARIFICATION 2. THE CONTRACTOR IS TO PEG INFRASTUCTURE LOCATIONS AND EARTHWORKS LEVELS PRIOR TO ORDERING MATERIALS. 3. UNDERFILL DRAINAGE IS TO BE INSTALLED AT THE DIRECTION OF THE ENGINEER. IF THE CONTRACTOR ENCOUNTERS SPRINGS OR OTHER SOURCES OF WATER, THEY ARE TO NOTIFY THE ENGINEER. 4. EARTHWORKS ARE NOT TO BE EXTENDED INTO ADJOINING SITES UNLESS THE ENGINEER HAS ISSUED SPECIFIC INSTRUCTIONS 5. THE CONTRACTOR IS RESPONSIBILE FOR IDENTIFYING AND PROTECTING EXISTING SERVICES AND DRAINAGE ON AND OFF SITE 6. THE CONTRACTOR SHALL CLARIFY THE AREAS AND EXTENT OF CLEARING WITH THE ENGINEER BEFORE COMMENCEMENT AND CONFIRM THAT ALL NECESSARY CONSENTS ARE IN PLACE. 7. EARTHWORKS TOLERANCES ARE TO BE +-25mm 8. CONTOURS ARE APPROXIMATE, LIDAR OR SURVEY IS REQUIRED TO COMPLETE DETAILED DESIGN. REVISION AMENDMENT BY DESIGNED: SB DRAWN: SB RELEASED: SB PROJECT: TITLE: STATUS: 59G DEVICH ROAD, MANGAWHAI ROAD ALIGNMENT PLAN THIS DRAWING AND DESIGN IS THE PROPERTY OF CIVIX LIMITED. THIS DRAWING MAY NOT BE COPIED OR ALTERED WITHOUT WRITTEN APPROVAL FROM CIVIX LIMITED. NO LIABILITY IS ACCEPTED FOR UNAUTHORISED USE OF THIS DRAWING. LEVELS ARE IN TERMS OF LAND AND SURVEY DATUM. AREAS AND MEASUREMENTS ARE SUBJECT TO SURVEY. DRAWING NO: SCALE & SIZE: FOR ENGINEERING APPROVAL 0203 REV: 1:200 A3 APR 2017

152 NEW CULVERT CONTOURS (TOPO 20m) EXISTING CARRIAGEWAY EXTENT NEW STORMWATER CULVERT upvc, SIZE TO MATCH ADJACENT CULVERTS EXISTING CULVERT ROAD CENTRELINE EARTHWORKS EXTENT NEW VEHICLE CROSSING REFER KDC DETAIL S06 CARRIAGEWAY EDGE STREAMS EXISTING PARCELS " 3.00m " REFER TO DWG 0250 FOR PAVEMENT DESIGN m REVISION AMENDMENT BY DESIGNED: SB DRAWN: SB RELEASED: SB 59G PROJECT: TITLE: STATUS: 59G DEVICH ROAD, MANGAWHAI ROAD ALIGNMENT PLAN NOTES 1. ALL WORK TO COMPLY WITH REGULATORY AUTHORITY STANDARDS. ANY AMBIGUITY BETWEEN DRAWINGS AND COUNCIL STANDARDS TO BE REPORTED TO THE ENGINEER FOR CLARIFICATION 2. THE CONTRACTOR IS TO PEG INFRASTUCTURE LOCATIONS AND EARTHWORKS LEVELS PRIOR TO ORDERING MATERIALS. 3. UNDERFILL DRAINAGE IS TO BE INSTALLED AT THE DIRECTION OF THE ENGINEER. IF THE CONTRACTOR ENCOUNTERS SPRINGS OR OTHER SOURCES OF WATER, THEY ARE TO NOTIFY THE ENGINEER. 4. EARTHWORKS ARE NOT TO BE EXTENDED INTO ADJOINING SITES UNLESS THE ENGINEER HAS ISSUED SPECIFIC INSTRUCTIONS 5. THE CONTRACTOR IS RESPONSIBILE FOR IDENTIFYING AND PROTECTING EXISTING SERVICES AND DRAINAGE ON AND OFF SITE 6. THE CONTRACTOR SHALL CLARIFY THE AREAS AND EXTENT OF CLEARING WITH THE ENGINEER BEFORE COMMENCEMENT AND CONFIRM THAT ALL NECESSARY CONSENTS ARE IN PLACE. 7. EARTHWORKS TOLERANCES ARE TO BE +-25mm 8. CONTOURS ARE APPROXIMATE, LIDAR OR SURVEY IS REQUIRED TO COMPLETE DETAILED DESIGN. THIS DRAWING AND DESIGN IS THE PROPERTY OF CIVIX LIMITED. THIS DRAWING MAY NOT BE COPIED OR ALTERED WITHOUT WRITTEN APPROVAL FROM CIVIX LIMITED. NO LIABILITY IS ACCEPTED FOR UNAUTHORISED USE OF THIS DRAWING. LEVELS ARE IN TERMS OF LAND AND SURVEY DATUM. AREAS AND MEASUREMENTS ARE SUBJECT TO SURVEY. DRAWING NO: SCALE & SIZE: FOR ENGINEERING APPROVAL 1: REV: A3 APR 2017

153 NEW CULVERT CONTOURS (TOPO 20m) EXISTING CARRIAGEWAY EXTENT EXISTING CULVERT ROAD CENTRELINE 20 EARTHWORKS EXTENT CARRIAGEWAY EDGE NEW VEHICLE CROSSING REFER KDC DETAIL S06 STREAMS EXISTING PARCELS REFER TO DWG 0250 FOR PAVEMENT DESIGN 3.00m " " m NOTES 1. ALL WORK TO COMPLY WITH REGULATORY AUTHORITY STANDARDS. ANY AMBIGUITY BETWEEN DRAWINGS AND COUNCIL STANDARDS TO BE REPORTED TO THE ENGINEER FOR CLARIFICATION 2. THE CONTRACTOR IS TO PEG INFRASTUCTURE LOCATIONS AND EARTHWORKS LEVELS PRIOR TO ORDERING MATERIALS. 3. UNDERFILL DRAINAGE IS TO BE INSTALLED AT THE DIRECTION OF THE ENGINEER. IF THE CONTRACTOR ENCOUNTERS SPRINGS OR OTHER SOURCES OF WATER, THEY ARE TO NOTIFY THE ENGINEER. 4. EARTHWORKS ARE NOT TO BE EXTENDED INTO ADJOINING SITES UNLESS THE ENGINEER HAS ISSUED SPECIFIC INSTRUCTIONS 5. THE CONTRACTOR IS RESPONSIBILE FOR IDENTIFYING AND PROTECTING EXISTING SERVICES AND DRAINAGE ON AND OFF SITE 6. THE CONTRACTOR SHALL CLARIFY THE AREAS AND EXTENT OF CLEARING WITH THE ENGINEER BEFORE COMMENCEMENT AND CONFIRM THAT ALL NECESSARY CONSENTS ARE IN PLACE. 7. EARTHWORKS TOLERANCES ARE TO BE +-25mm 8. CONTOURS ARE APPROXIMATE, LIDAR OR SURVEY IS REQUIRED TO COMPLETE DETAILED DESIGN. REVISION AMENDMENT BY DESIGNED: SB DRAWN: SB RELEASED: SB PROJECT: TITLE: STATUS: 59G DEVICH ROAD, MANGAWHAI ROAD ALIGNMENT PLAN THIS DRAWING AND DESIGN IS THE PROPERTY OF CIVIX LIMITED. THIS DRAWING MAY NOT BE COPIED OR ALTERED WITHOUT WRITTEN APPROVAL FROM CIVIX LIMITED. NO LIABILITY IS ACCEPTED FOR UNAUTHORISED USE OF THIS DRAWING. LEVELS ARE IN TERMS OF LAND AND SURVEY DATUM. AREAS AND MEASUREMENTS ARE SUBJECT TO SURVEY. DRAWING NO: SCALE & SIZE: FOR ENGINEERING APPROVAL 0205 REV: 1:500 A3 APR 2017

154 DESIGNED: PROJECT: TITLE: STATUS: SB DRAWN: SB RELEASED: 59G DEVICH ROAD ROAD LONGSECTION SB A3 REVISION AMENDMENT BY THIS DRAWING AND DESIGN IS THE PROPERTY OF CIVIX LIMITED. THIS DRAWING MAY NOT BE COPIED OR ALTERED WITHOUT WRITTEN APPROVAL FROM CIVIX LIMITED. NO LIABILITY IS ACCEPTED FOR UNAUTHORISED USE OF THIS DRAWING. LEVELS ARE IN TERMS OF LAND AND SURVEY DATUM. AREAS AND MEASUREMENTS ARE SUBJECT TO SURVEY. DRAWING NO: SCALE & SIZE: FOR ENGINEERING APPROVAL 0230 REV: APR 2017

155 0.5m SHOULDER 5.5m CARRIAGEWAY WIDTH 0.5m SHOULDER 0.5m SHOULDER 3.0m WIDTH 0.5m SHOULDER 6.0% MIN 6.0% MIN 20% MIN 20% MIN RUNNING COURSE BASE COURSE SUB-BASE 20% MIN 6.0% MIN RUNNING COURSE BASE COURSE SUB-BASE POWER AND TELECOMS SERVICE TRENCH POWER AND TELECOMS SERVICE TRENCH ACCESSWAY TWO WAY CROSS SECTION SCALE 1:50 (A3) ACCESSWAY ONE WAY CROSS SECTION SCALE 1:50 (A3) 150mm GAP40 ORDINARY BASECOURSE REFER TO SECTION OF KDC ES 50mm RUNNING COURSE GAP 20 OR GAP 25 REFER TO SECTION OF KDC ES SUB-BASE COMPACTED GAP65 REFER TO SECTION OF KDC ES KDC ES UNSEALED PAVEMENT DETAIL FOR 4-20 HOUSEHOLD EQUIVALENTS SCALE 1:25 (A3) SUBGRADE CBR SUBBASE DEPTH 3 200mm 4 150mm 5 110mm 7 60mm 10 20mm 150mm GAP40 ORDINARY BASECOURSE REFER TO SECTION OF KDC ES 50mm RUNNING COURSE GAP 20 OR GAP 25 REFER TO SECTION OF KDC ES SUB-BASE COMPACTED GAP65 REFER TO SECTION OF KDC ES KDC ES UNSEALED PAVEMENT DETAIL FOR 1-2 HOUSEHOLD EQUIVALENTS SCALE 1:25 (A3) SUBGRADE CBR SUBBASE DEPTH 3 150mm 4 100mm 5 75mm 7 30mm 10 NOT REQUIRED DESIGNED: PROJECT: TITLE: STATUS: SB DRAWN: SB RELEASED: 59G DEVICH ROAD, MANGAWHAI ROADING DETAILS _ SB A3 REVISION AMENDMENT BY DRAWING NO: SCALE & SIZE: FOR ENGINEERING APPROVAL 0250 REV: - APR 2017 THIS DRAWING AND DESIGN IS THE PROPERTY OF CIVIX LIMITED. THIS DRAWING MAY NOT BE COPIED OR ALTERED WITHOUT WRITTEN APPROVAL FROM CIVIX LIMITED. NO LIABILITY IS ACCEPTED FOR UNAUTHORISED USE OF THIS DRAWING. LEVELS ARE IN TERMS OF LAND AND SURVEY DATUM. AREAS AND MEASUREMENTS ARE SUBJECT TO SURVEY.

156 S01 TYPICAL RURAL ROAD CROSS SECTIONS DESIGNED: PROJECT: TITLE: STATUS: SB DRAWN: SB RELEASED: 59G DEVICH ROAD, MANGAWHAI ROADING STANDARD DETAILS. _ SB A3 REVISION AMENDMENT BY DRAWING NO: SCALE & SIZE: FOR RESOURCE CONSENT 0290 REV: - APR 2017 THIS DRAWING AND DESIGN IS THE PROPERTY OF CIVIX LIMITED. THIS DRAWING MAY NOT BE COPIED OR ALTERED WITHOUT WRITTEN APPROVAL FROM CIVIX LIMITED. NO LIABILITY IS ACCEPTED FOR UNAUTHORISED USE OF THIS DRAWING. LEVELS ARE IN TERMS OF LAND AND SURVEY DATUM. AREAS AND MEASUREMENTS ARE SUBJECT TO SURVEY.

157 S06 VEHICLE CROSSING FOR UNKERBED ROADS DOMESTIC VEHICLE CROSSING FOR UP TO 3 DWELLINGS S08 VEHICLE CROSSING AND INTERSECTION TYPE 1 FOR 7 TO 30 DWELLINGS DESIGNED: PROJECT: TITLE: STATUS: SB DRAWN: SB RELEASED: 59G DEVICH ROAD, MANGAWHAI ROADING STANDARD DETAILS. _ SB A3 REVISION AMENDMENT BY DRAWING NO: SCALE & SIZE: FOR RESOURCE CONSENT 0291 REV: - APR 2017 THIS DRAWING AND DESIGN IS THE PROPERTY OF CIVIX LIMITED. THIS DRAWING MAY NOT BE COPIED OR ALTERED WITHOUT WRITTEN APPROVAL FROM CIVIX LIMITED. NO LIABILITY IS ACCEPTED FOR UNAUTHORISED USE OF THIS DRAWING. LEVELS ARE IN TERMS OF LAND AND SURVEY DATUM. AREAS AND MEASUREMENTS ARE SUBJECT TO SURVEY.

158 S11 VEHICLE CROSSING CROSS SECTIONS KERBED AND UNKERBED ROADS S12 KERB AND CHANNEL SUBSOIL AND BATTER DRAIN DETAILS DESIGNED: PROJECT: TITLE: STATUS: SB DRAWN: SB RELEASED: 59G DEVICH ROAD, MANGAWHAI ROADING STANDARD DETAILS. _ SB A3 REVISION AMENDMENT BY DRAWING NO: SCALE & SIZE: FOR RESOURCE CONSENT 0292 REV: - APR 2017 THIS DRAWING AND DESIGN IS THE PROPERTY OF CIVIX LIMITED. THIS DRAWING MAY NOT BE COPIED OR ALTERED WITHOUT WRITTEN APPROVAL FROM CIVIX LIMITED. NO LIABILITY IS ACCEPTED FOR UNAUTHORISED USE OF THIS DRAWING. LEVELS ARE IN TERMS OF LAND AND SURVEY DATUM. AREAS AND MEASUREMENTS ARE SUBJECT TO SURVEY.

159 S24 INLET AND OUTLET STRUCTURES S25 PIPE BEDDING AND BACKFILL DETAILS DESIGNED: PROJECT: TITLE: STATUS: SB DRAWN: SB RELEASED: 59G DEVICH ROAD, MANGAWHAI STORMWATER STANDARD DETAILS. _ SB A3 REVISION AMENDMENT BY DRAWING NO: SCALE & SIZE: FOR RESOURCE CONSENT 0690 REV: - APR 2017 THIS DRAWING AND DESIGN IS THE PROPERTY OF CIVIX LIMITED. THIS DRAWING MAY NOT BE COPIED OR ALTERED WITHOUT WRITTEN APPROVAL FROM CIVIX LIMITED. NO LIABILITY IS ACCEPTED FOR UNAUTHORISED USE OF THIS DRAWING. LEVELS ARE IN TERMS OF LAND AND SURVEY DATUM. AREAS AND MEASUREMENTS ARE SUBJECT TO SURVEY.

160 KAIPARA DISTRICT COUNCIL Resource Engineering Assessment RM Jebemi Limited 59H Devich Road, Mangawhai Resource Consent Engineering Assessment 1 Introduction Jebemi Limited has applied to subdivide Lot 3 DP into 4 Lots: Lot 1, 6735m 2 Lot 2, ha Lot 3, 6628m 2 Lot 4, ha The site has access from Devich Road via an existing Right of Way. There is one existing shed on the site which is disused along with various small farm structures. There is no residential dwelling on site. The site is zoned Rural (Harbour Overlay). This assessment has been based on the information provided in the application and our site observations. 2 Access 2.1 Devich Road Devich Road is a sealed Access Road with an ADT of approximately 300 (Estimate 2014). The legal speed limit is 100km/h. The average pavement width is approx. 6.0m. The entrance to the Right of Way (ROW) from Devich Road does not comply with Kaipara District Council (KDC) Engineering Standards. The seal needs to be extended to the boundary or 10m from the road edge, whichever is the greater. 2.2 Entranceway Entranceways to Lot 1-4 are proposed which will need to be constructed at the time of building consent. The entranceways will generally be in accordance with drawing S06 of KDC Engineering Standards. 2.3 Right of Way The existing ROW from Devich Road to the proposed JOAL appears to comply with KDC Engineering Standards. The JOAL is proposed to serve Lot 1, 2 3 and 4 which will need to be constructed as part of this consent. JOAL 101 will need to comply with Table 5.1 of KDC Engineering Standards including the minimum radii requirements for the proposed curve in the JOAL. The width of the JOAL is proposed to be 12.0m were as the standard requires 18.0m. The 12m width is adequate to accommodate the access road and any underground services. 3 Geotechnical As per Wiley Geotechnical report dated 22 March 2017, each new lot is feasible for a new dwellings to be constructed, provided the recommendations in the report are followed. Lots 2 3 have the option of a concrete foundation of wooden piles. Lot one will require deep foundation piles due to the soft soils and buried material encountered in the borehole. A consent notice will need to be added to Lot 1 regarding foundations. Status: Draft Date Project number: Z Page 1 Our ref: Engineering Report

161 KAIPARA DISTRICT COUNCIL Resource Engineering Assessment 4 Stormwater The proposed Lots are of sufficient size to accommodate on site disposal of stormwater. The post development flows shall not be any greater than pre development, care needs to be taken when discharge stormwater to the existing waterway. 5 Water Supply Water supply to proposed Lots 1 to 4 will be via roof collection and tank storage 6 Wastewater The proposed Lots are of sufficient size to accommodate on site disposal of wastewater. Either a Primary of Secondary system will suitable, depending on the final location of the dwellings. 7 Utility Services Power and telephone services can be provided to each lot. 8 Fire Fighting Capacity. The developer has not consulted with the Fire Service, consent notices will need to be added to the titles to cover this item. 9 Development Contribution In accordance with Rule that financial contribution may be taken to contribute to previous upgrades. Refer below By requiring subdividers and developers to contribute towards any previous upgrading of off-site infrastructure and services when a new subdivision or activity will utilise excess capacity. Often improvements to Council owned infrastructure and services are more effectively and efficiently done in large steps to provide for many connections. The resulting improvements may be designed to serve more than the capacity required by existing or proposed developments. For example, an entire road (or section of road), which serves a number of existing lots may be sealed. Where a new subdivision or activity uses this additional capacity, they may be required to contribute to the costs of this previous upgrading. In accordance with Rule the financial contribution attributable for the additional lots has been calculated below. To costs approx. $600/m to construct a seal extension, between the entrance to the ROW and Kaiwaka Mangawhai is 580m, $348,000 x Additional AADT (24) Existing AADT (280) + Additional AADT (24) = $27,470 Status: Draft Date Project number: Z Page 2 Our ref: Engineering Report

162 KAIPARA DISTRICT COUNCIL Resource Engineering Assessment 10 Conditions of Consent I recommend that the following conditions apply 1) Prior to the sealing of the Survey Plan pursuant to Section 223 the following conditions shall be complied with: a) The survey plan shall be generally in accordance with the plans of, prepared by Pacific Coast Surveys Ltd dated October 2016, and submitted in support of the application, except as modified by the following conditions. b) The Survey plan shall show all necessary easements for the provision for access, drainage and utility services. c) A design for the upgrading of the vehicle crossings to the ROW directly off Devich Road, shall be submitted to Kaipara District Council for approval. The design shall be generally in accordance with drawings S03, S08 of Kaipara District Council s current Engineering Standards. d) A design for the construction of the vehicle crossings to JOAL 101 shall be submitted to Kaipara District Council for approval. The design shall be generally in accordance with drawings S03, S06 of Kaipara District Council s current Engineering Standards. Status: Draft Date Project number: Z Page 3 Our ref: Engineering Report

163 KAIPARA DISTRICT COUNCIL Resource Engineering Assessment e) Engineering plans, specifications and calculations relating to the construction of JOAL 101 shall be prepared in accordance with the Kaipara District Council s current Engineering Standards and submitted to Council for approval and approved before the construction of these works commences. The design shall provide for the following: Any portion of the JOAL that exceeds 12.5% in grade is to be sealed The JOAL shall be designed to comply with The Kaipara District Council's current engineering standards table 5.1 and drawing S01. Additional carriageway widening shall be provided on curves in accordance with The Kaipara District Council's current engineering standards drawing S04. Passing bays shall be provided no further apart than 100m and wherever sight distance along the right of way is less than 60m. Passing bay dimensions shall comply with The Kaipara District Council's current engineering standards drawing S04. Pavement design shall be in accordance with The Kaipara District Council's current engineering standards clause and drawing S03. Any required culverts shall be detailed in accordance with The Kaipara District Council's current engineering standards drawing S25 Appropriate stabilization, stormwater drainage facilities and scour protection shall be provided. The plans, specifications and calculations shall specifically address the following matters: Horizontal and vertical geometry Cross-falls and superevelation Sight distances Pavement design Surfacing Drainage facilities Earthworks and Retaining Structures (if any) Status: Draft Date Project number: Z Page 4 Our ref: Engineering Report

164 KAIPARA DISTRICT COUNCIL Resource Engineering Assessment f) Prior to the commencement of any construction work a Construction Management Plan shall be prepared and submitted to Council for approval, for all earthworks and roading works associated with a subdivision or land use consent. As a minimum the Construction Management Plan shall cover the following details: (i) (ii) (iii) (iv) (vi) (vii) (viii) (ix) Details of the site manager including full contact details; Construction methodology including proposed plant and machinery to be utilized; Programme of works; Proposed hours of work on the site; A detailed sedimentation control plan, subject to any specific requirements of the Northland Regional Council. Details of any proposed materials storage areas; Traffic management plans including details of the number and timing of truck movements Proposed communications strategy to advise members of the public of the construction works g) All earthworks and construction works shall be prohibited during public holidays and outside the hours of 7:00am to 6:00pm, Monday to Saturday 2) Before a Certificate is issued pursuant to Section 224(c) of the Act, the following conditions are to be complied with: a) The vehicle crossing to proposed JOAL101 shall be constructed in accordance with the approved design under condition 1(c) above and in accordance with the Kaipara District Councils current Engineering Standards. The consent holder shall ensure adequate construction monitoring of all construction works. This shall include as a minimum: KDC engineers undertaking suitable inspections during construction at key hold-points and upon completion to enable them to confirm that the certification provided by the consent holder s engineer, surveyor or contractor matches the design submitted. As a minimum, hold points shall include: Inspection and approval of compacted basecourse prior to sealing if sealing If concrete is to be used, pre- pour and boxing inspection No work shall proceed beyond the above hold points until specifically approved by NZTA s engineers. The consent holder s engineer, surveyor or contractor shall be suitably qualified with recent and ongoing experience in road design and construction to the specific approval of Council. Status: Draft Date Project number: Z Page 5 Our ref: Engineering Report

165 KAIPARA DISTRICT COUNCIL Resource Engineering Assessment b) The JOAL 101 shall be constructed in accordance with the approved design under condition 1(d) above and in accordance with the Kaipara District Councils current Engineering Standards. The consent holder shall ensure adequate construction monitoring of all construction works. This shall include as a minimum: KDC engineers undertaking suitable inspections during construction at key hold-points and upon completion to enable them to confirm that the certification provided by the consent holder s engineer, surveyor or contractor matches the design submitted. As a minimum, hold points shall include: Inspection and approval of compacted basecourse prior to sealing or If concrete is to be used, pre- pour and boxing inspection No work shall proceed beyond the above hold points until specifically approved by Councils engineers. The consent holder s engineer, surveyor or contractor shall be suitably qualified with recent and ongoing experience in road design and construction to the specific approval of Council. c) Written confirmation shall be provided from the appropriate network utility providers that electricity and telecommunication services are available to the boundary of each Lot. d) The consent holder shall pay a financial contribution of $27,470 plus GST to Council, plus an additional amount to allow for indexation to the time of performance of the work for upgrading Estuary Drive to mitigate the effects of the increase in traffic resulting from the subdivision. Indexation shall be based on the published New Zealand Land Transport Agency Competitive Pricing Procedures Manual Cost Adjustment Factors: Construction. Council will design the work and arrange for the work to be undertaken by Council s maintenance contractor and to be completed within 12 months of payment of cash amount. Supervision shall be undertaken by Council s engineering staff. The condition will be deemed to be satisfied upon payment of the cash amount. Status: Draft Date Project number: Z Page 6 Our ref: Engineering Report

166 KAIPARA DISTRICT COUNCIL Resource Engineering Assessment e) A Consent Notice pursuant to Section 221 of the Act shall be prepared for registration against the titles of Lot 1 of the subdivision. The consent notice shall draw attention to and required compliance with respect to the following matters: (i) (ii) (iii) (iv) (v) Earthworks, the location of buildings, stormwater and wastewater disposal to be subject to specific engineering design by a suitably qualified Chartered Professional Engineer having regard to the recommendations identified in the Wiley Geotechnical report dated 22 March Based on the Wiley Geotechnical report dated 22 March 2017 require wooden piles designed in accordance with NZS3604 (2011) and an ultimate bearing capacity of 300 kpa. Further geotechnical investigations and design shall be carried out at the building consent stage. At the time of application for a building consent for any dwelling on Lot 1 a vehicle crossing shall be constructed in accordance with the current Kaipara District Council s Engineering Standards drawings S06. Driveways, parking and onsite manoeuvring are to comply with section of the Kaipara District Councils current engineering standards Compliance with any requirements of SNZ PAS 4509:2008 New Zealand Fire Service Firefighting Water Supplies Code of Practice. f) A Consent Notice pursuant to Section 221 of the Act shall be prepared for registration against the titles of Lots 2-4 of the subdivision. The consent notice shall draw attention to and required compliance with respect to the following matters: (i) (ii) (iii) (iv) Earthworks, the location of buildings, building foundations, stormwater and wastewater disposal to be subject to specific engineering design by a suitably qualified Chartered Professional Engineer having regard of the recommendations identified in the Wiley Geotechnical report dated 22 March At the time of application for a building consent for any dwelling on Lot, 2-4 a vehicle crossing shall be constructed in accordance with the current Kaipara District Council s Engineering Standards drawings S06. Driveways, parking and onsite manoeuvring are to comply with section of the Kaipara District Councils current engineering standards Compliance with any requirements of SNZ PAS 4509:2008 New Zealand Fire Service Firefighting Water Supplies Code of Practice. Status: Draft Date Project number: Z Page 7 Our ref: Engineering Report

167 KAIPARA DISTRICT COUNCIL Resource Engineering Assessment Kathryn O Reilly Senior Transportation Engineer MWH now part of Stantec June 2017 Status: Draft Date Project number: Z Page 8 Our ref: Engineering Report

168 Notification Assessment Report on Resource Consent Application Description of Application Applicant Proposal Location Legal Description KDC References Jebemi Ltd Subdivision to create 3 additional rural-residential lots 59H Devich Road, Mangawhai Lot 3 DP having a 1/7 share in Lot 9 DP (CFR NA86A/91) RM Processing Details Date Received Date of Report Section 92 Request(s) Date Further Information Received Engineer Date of Site Inspection Planning Requirements Kaipara District Plan (2013) Map Zone Planning Notation(s) Category of Application 21 Rural Mangawhai Harbour Overlay Restricted Discretionary External Distribution Date Sent Date Received Comments NRC Te Uri o Hau LINZ Practicable DoC RM Jebemi - Notification Decision

169 2 1 Description of Activity 1.1 The Proposal The applicant seeks resource consent to subdivide Lot 3 DP having a 1/7 share in Lot 9 DP (CFR NA86A/91) to create proposed Lot 1 of 6735m 2, Lot 2 of hectares, Lot 3 of 6628m 2 and Lot 4 of hectares. The rule was submitted for consideration under Rule Environmental Benefit and can meet the requirements to be considered a restricted discretionary activity under this rule. 1.2 The Site The site, legally described as Lot 3 DP having a 1/7 share in Lot 9 DP is a hectare site that has a rolling topography and is currently maintained primarily in pasture. There are no dwellings or buildings and no formed vehicle access, although there is a rough metalled vehicle crossing from Lot 9 DP , the joint-owned-access-lot (JOAL) that provides vehicle access from the subject site to Devich Road, a Council Road. The JOAL is currently metalled and in a degraded condition. There are two small streams within the site. One runs along the northern boundary and the other, containing a dam and pond, bisects the site. The riparian margins of both streams contain a variety of predominantly exotic vegetation, especially weed species, with some indigenous species scattered throughout. 1.3 Description of Activity The applicant seeks resource consent to subdivide Lot 3 DP having a 1/7 share in Lot 9 DP (CFR NA86A/91) to create proposed Lot 1 of 6735m 2, Lot 2 of hectares, Lot 3 of 6628m 2 and Lot 4 of hectares. JOAL 101 of 2287m 2 is also proposed to provide access from the lots to the existing JOAL. A total of hectares of covenanted bush is proposed. The proposed bush would be allocated amongst the proposed lots as follows; Lot 1 of 6735m m 2 Lot 2 of hectares m 2 Lot 3 of 6628m 2-775m 2 Lot 4 of hectares m 2 The bush would generally follow the contours of the existing streams. An ecological report prepared by Dream Planning was submitted in support of the application. Following a peer review by Dr Manu Bird of Manu Bird Consulting and a request for further information under Section 92 of the Resource Management Act 1991 (the Act), an amended ecological report by Rural Design was provided. The applicant proposes covenanting in perpetuity of the proposed planting and recommends a Landscape Management Plan, a Weed Management Plan, redesign of the existing culvert to allow fish passage, consent notices requiring fencing of the proposed planting to a stock proof standard and monitoring of the planting by Council for a period of 5 years following completion of the planting as conditions of consent. RM Jebemi Ltd - Notification Decision

170 3 Following a request for further information under Section 92 of the Act, the applicant proposed that any dwelling on Lot 2 be single-storied and that the following design guidelines be enforced by way of consent notice on the title of Lots 1-4. Glazing is to be non-reflective; Any accessory buildings and any ancillary infrastructure shall be located within 20m of the dwelling. Water tanks shall be situatedno more than 1.2m out of the ground (subject to ground suitability); The houses and accessory buildings shall be constructed out of materials that complement the rural character and setting and should be designed to fit in with the natural contours/topography of the site. The exterior facades and roofs of the house and accessory buildings shall be constructed with materials or painted with colours that have a reflectance value of less than 35% for exterior facades and 25% for roofs and in natural colours that will ensure a high level of light absorption and low reflectivity. Colour selection shall reflect the rural character of the site; Proposed accessways and driveways should follow the natural contour of the land and shall not be situated on any prominent ridgeline; Roads, accessways and driveways should suit the rural character of the site and shall be constructed of chip seal or metal with natural swales. This is considered to be more suitable than concrete or asphalt. If concrete is used, concrete with a black oxide additive or exposed aggregate finish is required; Any fencing shall be restricted to rural fencing typology e.g. post and rail or post and wire fencing to complement the rural character of the site; Earthwork cut and fill batters shall be re-grassed and revegetated as soon as practical following earthworks; Access to Devich Road would be via the existing JOAL (Lot 9). The following amalgamation condition is proposed; That Lot 9 DP hereon (legal access) be held as 4 undivided 1-28th shares by the owners of Lots 1-4 hereon as tenants in common in the said shares and that individual certificates of title be issued in accordance therewith. Access to the existing JOAL (Lot 9) from the proposed lots would be via the new JOAL 101. The following amalgamation condition is proposed; That JOAL 101 heron (legal access) be held as to 4 undivided 1-4th shares by the owners of Lots 1-4 in common in the said shares and that individual certificates of title be issued in accordance therewith. Resource consent RM for subdivision of the adjoining Lot 4 DP was granted by Council and has conditions of consent requiring upgrading of the existing JOAL, although the works have not yet been RM Jebemi Ltd - Notification Decision

171 4 completed. Consequently, the applicant has volunteered the same conditions of consent as RM relating to upgrading of the existing JOAL. Telephone and electricity services are proposed for all lots. On-site stormwater and wastewater disposal in accordance with the recommendations of the Wiley Geotechnical Report submitted in support of the application is proposed. Water supply would be via roof collection and tank storage. 1.4 Consent History There are no relevant resource consents or consent notices for Lot 3 DP Assessment of Plan Requirements 2.1 Operative Kaipara District Plan 2013 Consent is required for the following reason: Rule Environmental Benefit requires that within an Overlay Area, any subdivision is a Restricted Discretionary Activity if: a) Permanent physical and legal protection of an ecological, public access, landscape or riparian margin Environmental Benefit(s) within the site shall be achieved; and b) The entire feature shall be protected; and c) The Environmental Benefit meets the minimum size requirements relevant to the type of Environmental Benefit proposed listed below: i. An Ecological Environmental Benefit shall be a minimum of 0.5ha; or ii. iii. A Landscape Environmental Benefit shall result in the whole of the portion of the identified landscape located on the parent lot; Where the total land of the Landscape to be protected is 9.0 hectares being physically and legally protected; and or more, two Environmental Benefit lots can be obtained; and d) No more than three Environmental Benefit Lots can be created per site in perpetuity (these can be created by either one subdivision consent or up to three consecutive consents), and e) Each Environmental Benefit Lot shall have a minimum net site area of 4,000m2 with an area of at least 2,500m² exclusive of the area being permanently protected, to accommodate a dwelling and associated wastewater treatment and disposal system; and f) Any balance lot created shall be a minimum net site area of 4,000m²; and g) The proposed subdivision complies with the relevant Performance Standards in Section and of this Chapter; and h) Only one Consent for a Restricted Discretionary (subdivision) Activity in terms of an Environmental Benefit subdivision can be granted in respect of a site or any specified portion of a site and the RM Jebemi Ltd - Notification Decision

172 5 provisions contained within this rule can be used only once for each specified portion of the site (noting that as provided for by d) above, the maximum number of Environmental Benefits Lots per 'site' shall remain a maximum of three overall); The proposed subdivision complies with this rule. Overall the activity is assessed as a restricted discretionary activity. 3 Notification Assessment 3.1 Public Notification Assessment Statutory Considerations The Council has the discretion whether to publicly notify an application unless a rule or NES precludes public notification (in which case the consent authority must not publicly notify) or section 95A(2) applies, which states that an application must be publicly notified if: (a) the activity will have, or is likely to have, adverse effects on the environment that are more than minor; (b) the applicant requests public notification of the application; or (c) a rule in a plan or a national environment standard requires public notification. The applicant has not specifically requested that the application be publicly notified and there are no rules in a Plan or a National Environment Standard which require public notification of the application, therefore (b) and (c) above do not apply in this case. Accordingly, the relevant assessment, under (a), is whether the activity will have, or is likely to have, adverse effects on the environment that are more than minor. Section 95C(2)(a) provides the consent authority with the ability to publicly notify an application if the applicant does not provide the requested information before the deadline concerned. A further information request was made on 28 June All requests were satisfied by 11 October Section 95D requires that in determining whether an activity will have, or is likely to have, adverse effects on the environment that are more than minor, the consent authority must disregard the following matters: Effects on persons who own and occupy the land in, on or over which the application relates, or land adjacent to that land. Any effect on a person who has given written approval to the application. Trade competition and the effects of trade competition. The consent authority may also disregard an adverse effect of the activity on the environment if a rule permits an activity with that effect. RM Jebemi Ltd - Notification Decision

173 6 Notwithstanding the above, including whether a rule precludes public notification or the applicant has not requested notification, a consent authority has the discretion to publicly notify an application if it decides there are special circumstances in relation to the application. 4 Adverse Effects Assessment 4.1 Effects that must be disregarded When determining whether to publicly notify, effects are to be disregarded on persons who own and occupy the land in, on or over which the application relates, or land adjacent to that land. In this case, it is considered that the adjacent land includes the following properties because they adjoin the subject site, are located directly across the road or are close by such that they are considered to form part of the context of the subject site. The effects on the following persons have been disregarded: Lot 100 DP Lot 100 DP Lot 1 DP Lot 2 DP Lot 7 DP Lot 6 DP Trade Competition There is no trade competition, nor any effects of trade competition. 4.3 Special Circumstances A Consent Authority may publicly notify an application if it decides that special circumstances exist in relation to the application. The site is a rural-lifestyle lot located within a cluster of existing rural-lifestyle development and is consistent with the requirements to be a Restricted Discretionary Activity under Rule Consequently, there are no special circumstances as a basis for Council to exercise its discretion to publicly notify. 4.4 Effects that may be disregarded Permitted Baseline Assessment The permitted baseline refers to activities permitted on the subject site including activities that could be conducted on the site without resource consent, and activities that could be carried out under a granted but unexercised resource consent. Application of the permitted baseline test allows adverse effects arising from these activities to be disregarded and only adverse effects arising from the proposal over and above the permitted baseline are to be assessed. In this case, there is no permitted baseline as all subdivision in the Rural Zone requires resource consent. RM Jebemi Ltd - Notification Decision

174 7 The existing environment contains both rural production and rural-residential development of various sizes, including lots to the south and west of the subject site that are between 4000m 2 and 5000m 2. Stage 1 of RM160174, a subdivision of Lot 4 DP immediately adjacent to the site s southern boundary, created 2 rural-residential lots that are similar in size and character to the proposed subdivision. The creation of two additional larger rural-residential lots at Stage 2 is consented. The subject site s western boundary is immediately adjacent to Lot 100 DP This lot was created by Stage 1 of RM110096, and would further stages would create 25 further rural-residential lots between 4000m 2 and 5000m 2. Stage 1 has been completed and an application (RM110096B) for an extension of time of 3 years and 8 months for the remaining stages was granted by Council on 21 September Adverse Effects Assessment The application is for a restricted discretionary subdivision and Council s discretion is restricted to the following matters under Rule ; Rural Character and Amenity The existing environment contains both rural production and rural-residential development of various sizes, including lots to the south and west of the subject site that are between 4000m 2 and 5000m 2. Stage 1 of RM160174, a subdivision of Lot 4 DP immediately adjacent to the site s southern boundary, created 2 rural-residential lots that are similar in size and character to the proposed subdivision. The creation of two additional larger rural-residential lots at Stage 2 is consented. The subject site s western boundary is immediately adjacent to Lot 100 DP This lot was created by Stage 1 of RM110096, and would be further subdivided to create 25 further rural-residential lots between 4000m 2 and 5000m 2. The proposed development would therefore be consistent with the surrounding existing and consented development pattern. The proposal would also provide for design controls on Lot 2 and provide approximately 1.5 hectares of new planting that would provide screening of any future buildings and help to integrate the development into the existing landscape. The additional three lots would be able to be absorbed with changes to character and amenity that would be no more than minor, subject to compliance with conditions of consent. Cumulative Effects An incremental increase in residential activity within a rural area has the potential to degrade rural character. In this case, the proposed development would result in three additional lots, and planting and covenanting of indigenous vegetation area within an area of existing rural-residential development. In my opinion the cumulative effects of the proposal, when combined with existing rural-lifestyle development, would not degrade rural character to the extent that effects on rural character and amenity values should be considered to have reached a cumulative threshold. The existing environment can effectively absorb the proposed additional three lots and any associated development, subject to compliance with conditions of consent. Overall, the cumulative effects of the proposal would be no more than minor. Environmental Benefit RM Jebemi Ltd - Notification Decision

175 8 The Ecology Report prepared by Kylie McLaughlin-Brown of Dream Planning and the subsequent amendment prepared by Heath Worsfold and Madara Vilde of Rural Design submitted in support of the application has been reviewed by Council s consulting ecologist, Dr Manu Bird of Manu Bird Consulting. Dr Bird s recommendation is that the proposed Environmental Benefit would satisfy the requirements of Rule , subject to compliance with the conditions of consent recommended by Rural Design, which include ecosourcing of vegetation, a Landscape Management Plan, a Weed Management Plan, redesign of the existing culvert to allow fish passage, consent notices requiring fencing of the proposed planting to a stock proof standard and monitoring of the planting by Council for a period of 5 years. Overall, it is considered that the effects of the proposal on ecological outcomes will be positive. Reverse Sensitivity Although, large rural production lots exist in the wider surrounding environment, adjoining or adjacent sites are generally rural-residential lots rather than rural-production lots. Consequently, reverse sensitivity conflicts are considered to be unlikely. Geotechnical Matters A Geotechnical Report prepared by Wiley Geotechnical was submitted in support of the application. The report concludes that the site is suitable for the proposed development. Council s consulting engineer, Kathryn O Reilly of Stantec, has reviewed the report and raised no concerns. Conditions of consent requiring compliance with the recommendations of the Wiley Geotechnical report are recommended. Subject to compliance with conditions, adverse effects would be less than minor. Vehicle Access and Traffic Council s consulting engineer has reviewed the report and indicated that Devich Road is a sealed Access Road with an ADT of approximately 300, a legal speed limit of 100km/h and an average pavement width of approximately 6m. The entrance to the ROW from Devich Road does not comply with Kaipara District Council Engineering Standards and that seal would need to be extended to the boundary or 10m from the road edge, whichever is the greater. Council s consulting engineer has stated that the proposed width of JOAL 101 is 12.0m rather than 18.0m, as required by Kaipara District Council s Engineering Standards, but that this width would be adequate to accommodate the access road and any underground services. Entranceways to Lot 1-4 would need to be constructed at the time of building consent and would need to be generally be in accordance with drawing S06 of the Council s Engineering Standards. Resource consent RM for subdivision of the adjoining Lot 4 DP was granted by Council and has conditions of consent requiring upgrading of the existing JOAL, although the works have not yet been completed. Consequently, the applicant has volunteered the same conditions of consent as RM relating to upgrading of the existing JOAL. While the works to upgrade the JOAL are being undertaken, lot owners with RM Jebemi Ltd - Notification Decision

176 9 vehicle access off the JOAL would have access to their properties temporarily restricted. Council has received legal advice that consultation requirements under the Act would likely apply to works required by the Council to the JOAL, however mere ownership as a tenant in common of the JOAL will not, in itself, give rise to a consultation requirement. Council s Development Engineer considers that all lots with access off the JOAL would have their access temporarily restricted by the proposed upgrade works. Therefore, owners of the following lots, having vehicle access from the JOAL, are considered to be adversely affected by the proposed works to a minor extent. Lot 1 DP Lot 2 DP Lot 1 DP Lot 2 DP Lot 100 DP Lot 1 DP Lot 6 DP Lot 7 DP Lot 8 DP Stormwater A Geotechnical Report prepared by Wiley Geotechnical was submitted in support of the application. Suitable stormwater attenuation would be required at the time of residential development. Council s consulting engineer has reviewed the application and has stated that the proposed lots are of sufficient size to accommodate on site disposal of stormwater but has also indicted that post-development flows should not be any greater than pre-development and that care needs to be taken when discharging stormwater to the existing waterway. Conditions of consent referencing the Wiley Geotechnical Report and requiring compliance with the recommendations of the report are recommended. Subject to compliance with conditions, adverse effects would be than minor. Wastewater A Geotechnical Report prepared by Wiley Geotechnical was submitted in support of the application. Council s consulting engineer has reviewed the application and has commented that the proposed lots are of sufficient size to accommodate on site disposal of wastewater and that either a primary or secondary system would be suitable, depending on the final location of the dwellings. Conditions of consent referencing the Wiley Geotechnical Report and requiring compliance with the recommendations of the report are recommended. Subject to compliance with conditions, adverse effects would be less than minor. Water Supply RM Jebemi Ltd - Notification Decision

177 10 Potable water would be collected from roof water and stored on site. Council s consulting engineer has raised no concerns with the arrangement. The proposal is therefore considered to provide an adequate supply of potable water and water for fire-fighting. Subject to compliance with conditions, adverse effects would be less than minor. Utilities Council s Engineer has reviewed the application and has indicated that utility connections such as power and telecommunications can be made to the boundaries of the proposed lots. Subject to compliance with conditions, adverse effects would be less than minor. LINZ LINZ has reviewed the proposed amalgamation conditions and advised that they are practicable. Summary Overall, adverse effects on the environment arising from the proposed subdivision are considered to be no more than minor, subject to compliance with conditions of consent, with the exception of effects arising from the upgrade to the JOAL, which would have effects that are minor on owners of lots having vehicle access onto the JOAL. It is considered that this application can be processed without public notification for the following reasons: The adverse effects on the environment of the activity for which consent is sought would be no more than minor, for the reasons expressed in Section 4.5 of this report. The applicant has not requested public notification. There are no relevant rules in the District Plan or any National Environment Standard that requires public notification. There are no special circumstances relevant as a basis for Council to exercise its discretion under section 95A(4). Accordingly, it is recommended that the application proceed without public notification. 4.6 Limited Notification The consent authority must decide if there are any affected persons in relation to the proposed activity. A person is considered to be an affected person if the adverse effects of the activity on the person are minor or more than minor (but are not less than minor). If the consent authority decides that there are affected persons in relation to the proposed activity, then the application requires limited notification to those affected persons unless a rule or NES precludes limited notification of the application. RM Jebemi Ltd - Notification Decision

178 11 The applicant has not provided any written approvals from the parties considered to be potentially adversely affected for the reasons set out in Section 4.5 of this report. Accordingly, it is recommended that the application proceed with limited notification. Sections 95A 95E Assessment Conclusion It is recommended that the application be processed with limited notice to the following party pursuant to Sections 95B and 95E of the Act: Lot 1 DP Lot 2 DP Lot 1 DP Lot 2 DP Lot 100 DP Lot 1 DP Lot 6 DP Lot 7 DP Lot 8 DP Reporting Planner. Date: Planning Review. Date: RM Jebemi Ltd - Notification Decision

179 12 Recommendation Confirmed as Decision Acting Manager - Resource Consents.... Date: RM Jebemi Ltd - Notification Decision