11 May Sigma Consultants PO Box 553 ROTORUA Attn: Ann Nicholas. Dear Ann

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1 11 May 2017 Sigma Consultants PO Box 553 ROTORUA Lake Terrace, Taupō 3330 Private Bag 2005, Taupo Mail Centre Taupō 3352, New Zealand T F E general@taupo.govt.nz Attn: Ann Nicholas Dear Ann On all correspondence please quote: RM NOTICE OF DECISION RESOURCE MANAGEMENT ACT 1991 MOKAI MARAE TRUST - LAND USE CONSENT I am pleased to advise you that your application for land use consent to build a new wharekai at Mokai Marae, 160 Tirohanga Road, Mokai, was granted on 11 May You are entitled to object to all or part of this decision under Section 357A of the Resource Management Act If you wish to do so, your objection must be made in writing, must state your reasons for objecting and must be served on Council within 15 working days of you receiving this letter. An invoice for the cost of processing your application will follow. This consent was processed within the statutory timeframes set out in Part 6 of the Resource Management Act. As such, the Resource Management (Discount on Administrative Charges) Regulations 2010 do not apply to the processing fees for this consent. If you have any questions or concerns about any aspect of your consent or its conditions I would be happy to discuss them with you. I can be contacted by phone on or by at dclark@taupo.govt.nz Yours sincerely Darren Clark Resource Consents Planner

2 LAND USE: DISCRETIONARY ACTIVITY (FOR NEW WHAREKAI RESULTING IN FAILURE WITH 2.5% MAXIMUM BUILDING COVERAGE AND PARKING REQUIREMENTS) NOTIFICATION AND LAND USE DECISION PURSUANT TO SECTIONS 95A-F AND 104, 104B AND 108 OF THE RESOURCE MANAGEMENT ACT CONSENT APPLICATION DETAILS RESOURCE CONSENT REFERENCE APPLICANT: SUBJECT: PROPERTY ADDRESS: PROPERTY SIZE: LEGAL DESCRIPTION: DISTRICT PLAN MAP REFERENCE: DISTRICT PLAN ENVIRONMENT: DISTRICT PLAN RULE: DATE APPLICATION LODGED: DECISION DATE: WORKING DAYS: RM MOKAI MARAE TRUST Build a new 760m 2 wharekai resulting in maximum building coverage of 6.13% and non-formation of the required parking area. 160 Tirohanga Road, Mokai ha Tuaropaki A Block A6 Rural 4b March May Days 1 DESCRIPTION OF PROPOSAL 1.1 Development Plan & Proposal Introduction Mokai Marae is located on the corner of Tirohanga and Forest Roads, Mokai. It is gazetted as a Maori Reservation. The wharekai was destroyed by fire in August The Mokai Marae Trust now seeks resource consent to enable the construction of a new wharekai. Consent is required for non-compliance with maximum building coverage and the formation of parking required. Proposal Building The proposal involves construction of a new wharekai building to be 760m 2 in footprint as well as two 10m 2 water tanks. The wharekai building will be constructed in a similar location as the previous wharekai. The Page 2 of 10

3 building will comprise a dining area, toilets, covered veranda and a kitchen/storage/covered delivery area. The building will be clad in vertical cedar panelling with a natural finish. The roof will be monopitch with profiled metal roofing. The toilets will have horizontal weatherboards and the kitchen area will have long run profiled wall cladding. Roof pitches vary across the building. The existing covered walkway will be replaced with a new to connect the wharekai with the wharenui. The building will be setback at least 25m from the front boundary with Tirohanga Road and over 45m back from the front boundary with Forest Road. The building will have seating capacity for up to either 407 people for dining layout and 442 people for conference/theatre layout. Figure 1 Proposed Site Plan Coverage levels A detailed breakdown of the existing and proposed building coverage level is provided in tables in the application. In summary, the existing building coverage level is 851m 2 or 3.2%. The proposed building coverage level including the new 760m 2 wharekai and two 10m 2 water tanks (20m 2 ) will be 1631m 2 or 6.13%. It is noted that the site was consented for building coverage of 1568m 2 (5.9%) via Land Use Consent RM in 2002 which authorised a papakaianga development of the site comprised of 7 dwellings. Three of these dwellings were built and then were recently removed in early The applicant proposes to surrender this consent. The proposed building coverage level does not factor in this additional consented coverage level under RM given that it is to be surrendered Access and Parking The existing access and parking layout for the site will remain unchanged. The existing vehicle crossing along Tirohanga Road will be upgraded to meet the requirements of the Taupo District Council Code of Practice for Development of Land The vehicle access within the site, to the kitchen delivery area will be contoured with gravel to provide a stable surface. Page 3 of 10

4 The existing grassed area in the front northern corner of the site will be used for car parking. No permanent markings are proposed. Adequate area is provided for the required number of carparks. Note: a Place of Assembly requires 1 park per 20m 2 GFA. In this case, the proposal will have GFA of approximately 583m 2 requiring 30 car parks. Earthworks The building is to be sited over a flat area where light surface earthworks may be required in preparing the foundations. No vegetation will be required to be removed besides grass 2 SITE DESCRIPTION 2.1 Subject Site The subject site is located at 160 Tirohanga Road, Mokai, legally described as Tuaropaki A Block, being ha in area and contained within Computer Freehold Register The below excerpts are largely adopted from the site description in the application: Mokai Marae is a gazetted Maori reserve under NZGZ 1974 p1749. The site currently contains the Wharenui, toilet block and two dwellings, as well as associated accessory buildings, paving and unformed parking area. The site is generally flat to undulating, with frontage to Tirohanga and Forest Roads. The Wharenui is approached on foot from the north from Forest Road. There is a separate vehicle access from Forest Road which served the papakainga housing which previously existed on the site. The other two houses and wharekai have vehicle access from Tirohanga Road. 2.2 Surrounding Area Figure 2 Locality Plan The site is located within the Mokai community locality. The surrounding environment is zoned Rural Environment and predominantly comprises large areas of open farmland. Other significant activities in the locality are the Gourmet Mokai Glasshouses, Tuaropaki Power Station, and Miraka Milk Processing Facility and a children s daycare activity across the road. Page 4 of 10

5 3 TAUPŌ DISTRICT PLAN 3.1 Environment / Zoning The site is zoned Rural Environment as identified on Planning Map A6 of the District Plan. Tirohanga Road is classified as a District Arterial Road (second highest) in the District Plan s Roading Heirarchy. The site is within the 40dBA Leq Noise Control Boundary for Mokai Power Station. There are no other plan notations/overlays applicable to the subject site. The proposal fails the following performance standards in the Taupō District Plan: 3.2 District Plan Rules/Performance Standards The proposal fails the performance standards in the Taupō District Plan: Figure 3 District Plan Information RURAL ENVIRONMENT (Section 4b) Performance Standards & Development Controls (4b.1) Performance Standard Requirement Proposal 4b.1.2 Maximum Building Coverage 2.5% aggregate total of all buildings The proposed 760m 2 wharekai and two 10m 2 water tanks (20m 2 ) will result in overall building coverage of 1631m 2 for the site, being 6.13%, exceeding this performance standard by 3.63%. It is noted that the current building coverage level on the site is 851m 2, being 3.2%. 4b.1.15 Parking, Loading and Access Provision for On- Site Parking Spaces In accordance with Section 6: Parking Loading and Access iv. The parking area may be formed within the building setback area, with the exception of a front setback. As per below The proposal involves utilising the existing grassed area at the front of the site for car parking. The parking area will be located within the 25m front setbacks from the two front boundaries, in breach of this requirement Design of Parking Spaces and Access vi. All parking spaces, with the exception of those associated with residential activities, shall be clearly identified by permanent markings. The proposal involves utilising the existing grassed area at the front of the site for car parking. No permanent markings are proposed, in reach of this requirement. It is noted this existing area can accommodate the required number of parking spaces (30 for a Place of Assembly based on 1 per 20m 2 GFA (583m 2 )). These are not required to be formed to a permanent all weather surface (seal/paved), given that the parking area will be used at least 5m back from the front boundaries, meeting the Page 5 of 10

6 requirements of Rule v. General Rules (4b.2) Rule Requirement Proposal 4b.2.9 Any activity that is not a permitted, controlled, or The proposal falls in the restricted discretionary activity is a discretionary requirements of this rule. activity. Overall, this application must be assessed as a discretionary activity in accordance with Taupō District Plan Rule 4b NOTIFICATION ASSESSMENT 95A(2)(b) Has the applicant requested notification 95A(2)(c) Does a rule or NES require public notification of the application 95A(3) Does a rule or NES precludes public notification and the applicant has not requested public notification 95A(4) Do special circumstances exist in relation to the application. 95D Assessment of whether the activity will have, or is likely to have, adverse effects on the environment that are more than minor. 95D(a) any effects on persons who own or occupy the subject site or adjacent land must be disregarded. 95D(b) Does a rule or NES permit an activity with that effect. 95D(c) No No No No See Section 5 No Is the activity restricted discretionary or controlled? 95D(d) Trade competition and the effects of trade competition have been disregarded 95E(1) A consent authority must decide that a person is an affected person if the activity s effects on that person are minor or more than minor (but not less than minor) In making its decision, the consent authority: May disregard an adverse effect on a person if a rule or NES permits an activity with that effect In the case of controlled or restricted discretionary activities, must only consider the effects over which control/discretion have been reserved 95F Are there holders of customary rights orders No Yes See Section 6 No 5 ASSESSMENT OF ADVERSE ENVIRONMENTAL EFFECTS Section 95D (RMA 1991) Assessment of whether the activity will have, or is likely to have, adverse effects on the environment that are more than minor. Section 95D(a) (RMA 1991) any effects on persons who own or occupy the subject site or adjacent land must be disregarded. Page 6 of 10

7 As a Discretionary Activity, Council must consider all actual and potential adverse effects of the activity. An assessment of all effects on the wider environment from the proposal is provided below. In summary, the proposal is considered to be in keeping with the rural character and amenity of the surrounding Rural Environment and any potential adverse effects will be less than minor. Visual amenity of the Rural Environment and streetscape The proposal will maintain the character and amenity of the surrounding Rural Environment. The surrounding locality is one that is rural in nature with large areas of open farmland and few dwellings. There is a mix of unique activities that have large scale buildings in the locality including the Gourmet Mokai Glasshouses, Tuaropaki Power Station, and Miraka Milk Processing Facility. As such, there is a character of varied activities with large scale buildings in this locality. The proposal will not look out of place in this context. The proposal relates to a replacement wharekai within an existing marae site. The site is a corner section that is highly exposed within the streetscapes of Tirohanga Road and Forest Road; however there will be no change in the general character of the site or in the way the site functions. Therefore, there will be limited changes to the actual and potential adverse effects on amenity and rural character. The proposal is a single level building that will have a maximum height of some 5.5m that will comfortably comply with the 10m height limit for the Rural Environment. The building will be located just over 25m off the Tirohanga Road boundary meeting the minimum front setback requirement of 25m. The building will be angled away from Tirohanga Road, further ensuring the building bulk does not dominate the streetscape. A considerable 45m setback will be provided from the front boundary with Forest Road. Adequate levels of open space will therefore be provided around the building. The two 10m 2 water tanks will be located on the knoll of a hill to the southwest of the wharekai however these will be highly discrete visual elements that are in keeping with the rural character of the area. Parking Layout The site has functioned for some years with an un-marked parking area over the existing grassed area in the northern portion of the site. The proposed 760m 2 wharekai will be larger than the previous 605m 2 wharekai, however the marae community served remains the same. It is considered that there is no real change in the parking required on site. The wharekai is essential to the role of the marae. Events range considerably in size over time and most frequently involve small numbers of people. The pattern of use varies over time also. Therefore, provision for parking on the grass will continue to be the most appropriate way to provide for the variable nature of events and scale of events taking place at the marae. There is ample area available for far more than the required 30 parking spaces, therefore any inefficiencies in the parking layout will still be absorbed onsite and will not generate any demand for parking offsite. Council s Development Engineer has reviewed the proposal and is satisfied with the parking and access layout. The existing access arrangement off Tirohanga Road will remain un-changed. The vehicle entrance will be upgraded to a compliant sealed design and sealed to within 5m back within the site boundary. This will ensure that any loose debris from onsite is not deposited onto the road. Use of the 25m front setbacks for the parking area will not generate any adverse effects on the amenity or character of the locality. Parking will be highly sporadic in nature. Such layout has existed on the site for sometime, based on use of the previous wharekai. Privacy and outlook of surrounding properties The nearest dwelling in the vicinity of the proposal is located some 250m to the southeast on the opposite side of Forest Road where any views of the proposal will be highly discrete. Their privacy and outlook will be maintained. Page 7 of 10

8 A children s day care centre is located some 150m to the east of the proposed building on the opposite side of Forest Road. The new building will be visible from this property, however for the reasons discussed earlier, there will be no change in the general character of the site or in the way the site functions. The building is well setback from the eastern boundary where it will not visually dominate this property. All other surrounding land to the west, south and north is open farmland. Due to the reasons already discussed, in combination with topography and separation distance, the proposal will not visually dominate the surrounding farmland and the rural outlook will be maintained. 6 AFFECTED PERSONS Section 95E(1) (RMA 1991) A consent authority must decide that a person is an affected person if the activity s effects on that person are minor or more than minor (but not less than minor) In making its decision, the consent authority: May disregard an adverse effect on a person if a rule or NES permits an activity with that effect In the case of controlled or restricted discretionary activities, must only consider the effects over which control/discretion have been reserved For the reasons discussed earlier, the potential adverse effects of the proposal will be less than minor and therefore no parties are considered to be affected. As such, it is considered that the application can be processed without the need for limited notification of the application. 7 NOTIFICATION DECISION That the application be considered without the need for public or limited notification, in accordance with Sections 95A-F of the Act. 8 ACTUAL OR POTENTIAL EFFECTS ON THE ENVIRONMENT (SECTION 104 and 104(B)) 104 Consideration of applications (1) When considering an application for a resource consent and any submissions received, the consent authority must, subject to Part 2, have regard to (a) any actual and potential effects on the environment of allowing the activity; and (b) any relevant provisions of (i) a national environmental standard: (ii) other regulations: (iii) a national policy statement: (iv) a New Zealand coastal policy statement: (v) a regional policy statement or proposed regional policy statement: (vi) a plan or proposed plan; and (c) any other matter the consent authority considers relevant and reasonably necessary to determine the application (3)A consent authority must not, (a) when considering an application, have regard to (i) trade competition or the effects of trade competition; or (ii) any effect on a person who has given written approval to the application: 104B Determination of applications for discretionary or non-complying activities After considering an application for a resource consent for a discretionary activity or non-complying activity, a consent authority (a) may grant or refuse the application; and Page 8 of 10

9 (b) if it grants the application, may impose conditions under section 108. See assessment under Section 5 and 6 above Relevant Provisions and Other Matters (104(1)(b) and 104(1)(c)) 104(1)(b)(i) National Environmental Standards There are five National Environmental Standards (NES) that have been prepared under sections 43 and 44 of the Resource Management Act 1991 and are in force as regulations. These cover air quality, human drinking water, telecommunications facilities, electricity transmission and management of contaminants in soil. The NES regarding Contaminants in Soil has been assessed and it was concluded that the NES does not apply given that the site on which the activity is being undertaken is not a piece of land where hazardous activities have been undertaken, or are taking, place. No other NES s are applicable to the proposed development. 104(1)(b)(v)Regional Policy The proposed activity is not considered to be inconsistent with the Regional Policy Statement or Regional Plan. 104(1)(b)(vi) Taupō District Plan / Proposed Plan Taupō District Plan objectives and policies relevant to the proposed activity seek to protect the amenity and character of the Rural Environment by managing the scale and density of development and to provide for a range of productive land use activities while ensuring that any adverse effects are avoided, remedied or mitigated. The proposal is consistent with the character of the surrounding Rural Environment and the streetscape of Tirohanga Road and Forest Road and therefore is considered to be consistent with the objectives and policies of the Plan. There are no structure plans or other policy documents considered to be relevant to the assessment of this proposal. 9 CONCLUSION & RECOMMENDATION The proposed activity is consistent with the objectives and policies of the Taupō District Plan and any adverse effects on the environment will be less than minor. Therefore it is recommended that the application for a new replacement wharekai on the subject site be granted. Report prepared by Darren Clark, Intermediate Resource Consents Planner Report reviewed, approved and recommendation adopted by Scott Devonport, Consents and Regulatory Manager, under delegated authority pursuant to Section 34 of the Resource Management Act DECISION (SECTION 104 and 104(B)) Land use consent is granted pursuant to Sections 104 and 104B of the Act, subject to the following conditions imposed under Section 108 of the Act. This decision has been considered and its issue authorised by Taupō District Council's Consents and Regulatory Manager under delegated authority pursuant to Section 34 of the Resource Management Act 1991 ( the Act ) on 11 May Page 9 of 10

10 11 CONDITIONS OF CONSENT (SECTION 108) General Conditions 1 The activity shall be undertaken in accordance with: a The application prepared by Sigma Consultants Limited and received by Taupō District Council on 22 March b The further information provided by Sigma Consultants Limited on 8 May c The plans prepared by Design Tribe Architects, titled Mokai Marae new wharekai (Option B monopitch roof), dated 24 February 2017; referenced: - Site Plan Drawing A-010 B; - Floor Plan dining mode Drawing A-100; - Floor Plan plenary mode Drawing A-101; - External Elevations Drawing A-300; - External Elevations Drawing A-301; and stamped approved following the grant of this consent. Vehicle Crossing Conditions 2 Prior to occupation of the new wharekai, the consent holder shall upgrade the existing Tirohanga Road vehicle crossing, as shown on the approved site plan (Site Plan Drawing A-010 B), to a compliant sealed design. The works shall be designed and constructed to the satisfaction of the Senior Engineering Officer Transportation. [Advice Note: A vehicle crossing permit will need to be obtained from Taupo District Council s Senior Engineering Officer Transportation]. 3 All works shall be undertaken in accordance with Taupo District Council s Code of Practice for Development of Land (September 2009) Advice Notes 1 The resource consent shall lapse five years after the date of consent unless: a it is given effect to before the end of that period, or b upon application made prior to the expiry of that period, the Council fixes a longer period. 2 The reasonable costs incurred by Taupō District Council arising from the supervision and monitoring of this consent will be charged to the consent holder. This may include routine site inspections to review and assess compliance with the conditions of consent, and responding to complaints or enquiries relating to the consented activity. 3 Land Use Consent RM is to be surrendered prior to giving effect to this consent. 12 APPROVED PLANS (AS PER CONDITION 1(b)) On following pages. Page 10 of 10

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