Key Issues Report. New Zealand Transport Agency. Christchurch City Council

Transcription

1 Key Issues Report Notice of Requirement and Resource Consent Applications for the Christchurch Southern Motorway Stage 2 and Main South Road Four Laning New Zealand Transport Agency Christchurch City Council Commissioned by the Environmental Protection Authority under Section 149G(3) of the Resource Management Act December

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3 CONTENTS Title Page 1. Purpose 4 2. Terms 4 3. Scope 4 4. Relevant Plan Provisions 5 5. Summary of Consents Required and Activity Status Permitted Baseline Existing Resource Consents Other Matters 14 Appendices Appendix A. Statement of Works Appendix B. Relevance of Key Objectives and Policies Appendix C. Existing Resource Consents 3

4 1. PURPOSE 1.1 To prepare a report pursuant to section 149G(3) of the Resource Management Act 1991 (RMA) to contextualise the Christchurch Southern Motorway Stage 2 (CSM2) and Main South Road Four Laning (MSRFL) proposal within the Christchurch City Council s planning framework and instruments to identify any key issues. 2. TERMS AEE CCC CCP CRC EPA NES NoR NPS NPSET NZTA PC1 Assessment of Environmental Effects Christchurch City Council Christchurch City Plan Canterbury Regional Council Environmental Protection Authority National Environmental Standards Notice of Requirement National Policy Statement National Policy Statement on Electricity Transmission New Zealand Transport Agency Proposed Plan Change 1 to the Regional Policy Statement PRPS Proposed Canterbury Regional Policy Statement 2011 RMA Resource Management Act RPS Canterbury Regional Policy Statement 1998 SDC Selwyn District Council 3. SCOPE 3.1 The scope of this report is defined by the Statement of Works provided by the EPA. The Statement of Works is attached to this report as Appendix A. 3.2 In summary, this report identifies key issues that arise in relation to the proposal, as they relate to the land and matters within the CCC jurisdiction, including: (a) any relevant provisions of a national policy statement, a New Zealand coastal policy statement, a regional policy statement or proposed regional policy statement, and a plan or proposed plan; and 4

5 (b) a statement on whether all required resource consents in relation to the proposal to which the matters relates have been applied for; and (c) if applicable, the activity status of all proposed activities in relation to the matter. In addition to the requirements of (a) to (c) above the report should also provide: (d) confirmation of the status, and weighting if proposed, of any regional policy statement, and or relevant plan; and (e) detail of the permitted baseline and existing environment for the resource consents applied for within the local authorities jurisdiction. This will include: The permitted baseline, and details of any relevant consents held in the area that form the existing environment within the local authority s jurisdiction. Comment on whether the proposed consents applied for within the local authority s jurisdiction will affect any relevant existing consent holders ability to implement their existing consents, should the proposed consents be granted. (f) Any other matter which is relevant to the key issues associated with the applications. 3.3 These matters are addressed in the following sections of the report: relevant plan provisions; summary of consents required and activity status; permitted baseline; existing resource consents; and other matters. 4 RELEVANT PLAN PROVISIONS 4.1 The relevant statutory documents include national policy statements, regional policy statements and the Christchurch City Plan. The following outlines these provisions in further detail. 4.2 National Policy Statements There is only one relevant National Policy Statement to consider being the National Policy Statement on Electricity Transmission (NPSET) National Policy Statement on Electricity Transmission: The NPSET was gazetted on 13 March This national policy statement sets out the objective and policies to enable the management of the effects of the electricity transmission network under the Resource Management Act The NPSET can 5

6 be read in full at: The overall objective of the NPSET is: To recognise the national significance of the electricity transmission network by facilitating the operation, maintenance and upgrade of the existing transmission network and the establishment of new transmission resources to meet the needs of present and future generations, while: managing the adverse environmental effects of the network; and managing the adverse effects of other activities on the network. A number of works associated with the CSM2 formation at the corner of Shands Road and Marshes Road may impact on the section of the Islington to Springston (ISL-SPN A) 50/66kv transmission line and the Bromley to Islington (BRY-ISL A) 220 kv transmission line). However based on the AEE Report (Volume 2), it would appear that there are no clearance issues where the CSM2 formation intersects these lines within Christchurch City. A full list of the relevant policies associated with the NPSET is contained in AEE Technical Report 20 (Volume 3, Folder 3 of 3). 4.3 Regional Policy Statements There is an operative Regional Policy Statement (RPS), a Proposed Plan Change 1 to the RPS (PC1) and a Proposed Regional Policy Statement (PRPS) that relates to this land Canterbury Regional Policy Statement 1998 The RPS was made operative on 26 June The RPS provides an overview of the resource management issues of the region. It sets out broadly how natural and physical resources are to be managed in an integrated way to promote sustainable management. There are no objectives or policies that specifically refer to CSM2 or the wider proposal. The RPS can be read in full at: AEE Technical Report 20 generally identifies the relevant objectives and policies in the RPS. The key objectives and policies relate to Chapter 12 Settlement and Built Environment and Chapter 15 Transport and include: Chapter 12 Objective 1: Enable urban development and the physical expansion of settlements and the use and provision of network utilities to occur while avoiding, remedying or mitigating adverse effects on the environment. Policy 1: Promote settlement and transport patterns and built environments that will: (a) result in increasingly effective and efficient use of resources, particularly energy. 6

7 (b) reduce the rate of use of non-renewable energy sources. (c) minimise the adverse effects of emissions into the atmosphere resulting from the use of motor vehicles and building heating. (d) incorporate energy efficient approaches to building orientation, form and design. Chapter 15 Objective 1: Enable a safe, efficient and cost-effective transport system to meet present and future regional, inter-regional and national needs for transport. Objective 2: Avoid, remedy, or mitigate the adverse effects on the environment of transport use and provision. Policy 2: Promote the use of transport modes which have low adverse environmental effects. Policy 3: Promote changes in movement patterns, travel habits and the location of activities, which achieve a safe, efficient and cost effective use of the transport infrastructure and reduce the demand for transport. In addition AEE Technical Report 20 identifies that Policy 4, Chapter 15 is relevant. Policy 4 is to: Ensure that in the provision, realignment or maintenance of transport infrastructure, adverse effects on natural resources that meet the criteria of sub chapter 20.4 are avoided, remedied, or mitigated. I am not sure of the relevance of this policy given that no assessment has been provided in relation to whether any natural resources would meet the criteria of Chapter 20.4 in the RPS. This chapter addresses matters of regional significance. The AEE does not specifically identify any natural resources that would fall into this category (for example unique landscapes or threatened species) within Christchurch City. I would doubt that this policy is relevant for the alignment of the NOR for CSM2 within Christchurch City. Other relevant objectives and polices are located in Chapter 6 Provision for the Relationship of Tangata Whenua with Resources, Chapter 7 Soils and Land use Chapter 8 Landscape, Ecology and Heritage, Chapter 9 Water, Chapter 13 Air, Chapter 16 Natural Hazards and Chapter 17 Hazardous Substances. These objectives and policies are broad and the key themes contained within most of these provisions (as they relate to Christchurch) are generally considered to be encapsulated in the objectives, policies and other provisions of the CCP Proposed Plan Change 1 to the Regional Policy Statement PC1 seeks to include Chapter 12A Development of Greater Christchurch into the RPS. The history of PC1 is outlined below and is essentially the same as that outlined in the AEE Report (page 494). On the 17 October 2012, the RPS was amended by the Minister for the Earthquake Recovery using powers under the Canterbury Earthquake Recovery Act 2011 to include Chapter 12A. This change was broadly consistent with PC1 but modified to take into account changes brought about by the earthquake. The Minister s decision was successfully challenged by judicial review and the updated Chapter 12A has 7

8 been set aside. I understand that Environment Canterbury and other parties (including the CCC) have lodged an appeal on this matter to the Court of Appeal. Therefore PC1, as determined by the Canterbury Regional Council on 10 December This decision can be read in full at: This decision is also under appeal at the Environment Court by a number of parties. PC1 provides the sub regional policy framework under the RPS to implement the Greater Christchurch Urban Development Strategy. It sets out the intended sub regional land use distribution for Greater Christchurch for the subject planning period (i.e. until 2041), particularly the areas available for urban development, the household densities for the various areas and other key components for consolidated and integrated urban development. It also determines which land is to remain rural for resource protection and /or enhancement reasons. Within Christchurch City, much of the area traversed by the NOR for CSM2 that has been earmarked for future urban development under PC1, has already been rezoned for living and industrial purposes under the City Plan. The exceptions are the properties at 288, 300, 312 and 314 Springs Road which are currently zoned for rural purposes (refer to the plan in Appendix C) however are provided for in PC1 as land for business purposes. The relevant objectives and policies from PC1 relating to this proposal are generally outlined in AEE Technical Report 20. Overall the key objectives and policies relating to be transport related and are as follows: Objective 7: Integration of Transport Infrastructure and Land Use Ensure that the planning and provision of transport infrastructure is integrated with development and settlement patterns and facilitates the movement of goods and provision of services in Greater Christchurch, while: (a) limiting network congestion; (b) reducing dependency on private motor vehicles; (c) reducing emission of contaminants to air and energy; and (d) promoting the use of active transport modes. Objective 8: Development and Protection of Strategic Infrastructure Achieve urban land use development that does not adversely affect the efficient operation, use and development of: strategic infrastructure and enables the development of the additional Strategic Infrastructure necessary to meet the needs of growth in population and economic activity in the Greater Christchurch area. Policy 9 Transport Effectiveness (a) Development of Greenfields Areas, and Key Activity Centres, and areas accommodating intensification and rural residential activities shall avoid overloading existing and proposed transport network infrastructure, particularly strategic roads, and avoid detracting from the primary through-traffic function of State Highways and arterial roads; 8

9 (b) The Canterbury Regional Council, territorial authorities and transport infrastructure providers shall ensure that the transport networks within Greater Christchurch provide for the safe, sustainable, integrated movement of goods and people both within the sub-region, and to and from locations outside the subregion. These objectives and policies are considered to be relevant as CSM2 forming part of a southern transport corridor would be representative of strategic infrastructure. CSM2 in combination with MSRFL would support new growth areas as well as providing improved transportation of freight and people both within and to and from locations outside of Greater Christchurch Proposed Canterbury Regional Policy Statement 2011 The PRPS was approved by the CRC on 19 July 2012 however has been appealed to the High Court (four appeals are pending). The decision by the CRC can be read in full at: /Pages/decisions.aspx PC1 is intended to be adopted as Chapter 6 of the PRPS and would contain the most relevant objectives and policies for this proposal. Notwithstanding Technical Report 20 generally identifies a wider range of objectives and policies relating to: Chapter 5 Landuse and Infrastructure, Chapter 7 Freshwater, Chapter 9 Ecosystems and Indigenous Biodiversity Freshwater and Chapter 11 Natural Hazards Weighting of the Regional Policy Statements I consider that there should be a reasonable amount of weight given to PC1 as it has gone through a RMA decision making process at the CRC. While PC1 is under appeal on matters which question the overall merits of PC1 as a whole, in recent times it has been used in combination with the Greater Christchurch Urban Development Strategy, to justify the expansion of many greenfield development areas in the Canterbury Region. In addition, the transport related objectives and policies identified above are broadly consistent with those in the Recovery Strategy for Greater Christchurch (refer to section 8.2 of this report). I would also give a significant amount of weight to matters in the PRPS especially on those matters not subject to an appeal. The link to the PRPS above also contains copies of the appeals which primarily relate to chapters 5, 7, 9 and 16. Where the RPS and PRPS deal with the same matters, I would give more weight to those matters in the PRPS that are not subject to the substantive matters in the appeal. 4.4 Christchurch City Plan The Christchurch City Plan (CCP) became operative in part on the 21st of November The CCP provides a framework for the management of land use and subdivision within Christchurch City. All objectives, policies and rules referred to in this report are operative inclusive of Plan Changes 5, 47, 54 and 60 referred to on page 130 of the AEE Report. The CCP can be read in full at: 9

10 4.4.2 Zoning and Notations The AEE Report on page 130 identifies that where the NoR for CSM2 traverses Christchurch City the underlying zoning is Business 7 (Wilmers Road) (B7), Rural 2 (Templeton Halswell) (R2) and Business 5 (General Industrial) (B5). The NoR for CSM2 would also traverse the Special Purpose (Rail) zone (SP Rail), the Living G (Halswell West) zone (LG) (i.e. the north end of the John Paterson Drive realignment) and Special Purpose (Road) zone (SP Road). Refer to the zoning plan in the Appendix to Technical Report 5 in Volume 5 for this detail. The AEE Report on page 130 also identifies some additional features from the CCP maps however because of their location and/or nature none are considered relevant to the proposal (with the exception of the transmission lines which are outlined in section of this report). A description of what is anticipated/permitted within the abovementioned zones is outlined below: Business 5 Zone: The NOR for CSM2 would first intersect the B5 zone where it enters Christchurch City from the west adjacent to Shands Road. The B5 zone permits a wide range of both light and heavy industry, processing and warehousing. There are no minimum site sizes associated with permitted land use activities. The rules for this area of B5 zone include generous landscape setbacks from Shands Road and Marshs Road of 40m and 20m respectively. There is also a small area of B5 land at the intersection of Halswell Junction Road and Springs Road that would also be affected by the NOR for CSM2 Special Purpose (Rail) Zone: Further west, CSM2 intersects the railway corridor which is zoned SP Rail. This zone provides for the continued use of the land for the purposes of a railway. It is a relatively small area of land. Rural 2 Zone: The majority of the remaining land between the rail corridor and Halswell Junction Road along the NOR for CSM2 is zoned R2. The primary purpose of the zone is to provide for continued primary production south and west of the city. This zone limits residential units on land so that each unit shall is contained within its own separate site with a minimum area of 4ha. There is limited provision to undertake other activities that are not defined as rural activities 1. For example retailing is restricted to small scale rural produce and other general business activity on any site would be restricted to an area covered by buildings, impervious surfaces and outdoor storage of no more than 100m 2. 1 Pursuant to the City Plan rural activity means the use of land or buildings for the purposes of agricultural, horticultural or pastoral farming; intensive livestock management; boarding or training of animals; outdoor recreation activity; or forestry; and may include a residential unit. 10

11 Living G (Halswell West) Zone: The northern end of the proposed realigned section of John Paterson Drive would to be located within the LG zone. The LG zone accommodates greenfield subdivision, primarily for residential purposes. The proposed road formation would extend over the western edge of the LG zone which under this zone is to be set aside for a possible district park, stormwater reserve and Density C residential sites 2 as per the provisions of an Outline Development Plan that affect the land (refer to Appendix 3W, Part 2, Volume 3 of the CCP). Business 7 (Wilmers Road) Zone: To the north of Halswell Junction Road, the NOR for CSM2 would intersect the B7 zone. While this area is characteristic of a rural industrial area, it has the potential for further development for business and industrial purposes. In particular the land is expected to be used for space intensive, high effects, "dry" industries which often would be constrained in a normal suburban industrial setting and which would be incompatible with residential activities. Special Purpose (Road) Zone: The SP (Road) zone is not illustrated on the planning maps however is applied to any legal road that is intersected by the NOR for CSM2. This zone provides for the continued use of this land for roading purposes Key Objectives and Policies Volume 2 of the CCP includes a statement of the objectives, policies and issues. AEE Technical Report 20 (Volume 3) broadly identifies most relevant objectives and policies of the CCP. I have included a table in Appendix C that outlines what I consider to be the key objectives and policies and the reason why I think they are relevant. In summary, the key issues identified through this assessment are considered to be: the loss of rural production land; the protection of land and water from the storage and use of hazardous substances (petroleum) during the construction phase; the suitable control of stormwater; the impact on ecological values of waterways; emissions from vehicles using the road; airborne sediment from construction activities; natural hazards including seismic activity, liquefiable soils and overland flow; landscape impacts; 2 Permitted site area for one residential unit is 450m² to 800m². 11

12 noise from construction activities and use of the proposed road formations; during night time hours, lightspill from construction activities and the use and operation of the road formations; tangata whenua values; transport safety, efficiency and connectivity for all road users (private vehicles, freight, public transport, cyclists and pedestrians); ability to utilise the existing railway corridor in the future for passenger transport; social and economic impacts (including benefits); land severance due to roading; amenity values in the LG zone; and rural amenity and landscape values for rural properties. 5 SUMMARY OF CONSENTS REQUIRED AND ACTIVITY STATUS 5.1 The proposal outlines that an application for landuse consent is required under the Resource Management (National Environmental Standard for Assessing and Managing Contamination in Soils to Protect Human Health) Regulations 2012 (the Soil NES) for the disturbance of soil and is a controlled activity under regulation 9(1) of the NES. Based on Technical Report 16 and my review of the Soil NES I concur with this assessment. 5.2 No other resource consents are required from the Christchurch City Council for the proposal. 6 PERMITTED BASELINE 6.1 Pursuant to section 104(2) of the RMA, when forming an opinion for the purposes of section 104(1)(a) of the Resource Management Act, a consent authority may disregard an adverse effect of the activity on the environment if a national environmental standard or the plan permits an activity with that effect. 6.2 It is not considered that there is any relevant permitted baseline for the proposal because: most developments of a reasonable scale along the length of the NOR for CSM2 would require a landuse consent application under the Soil NES for the disturbance of soil and most likely under City Plan rules; and the proposal is very different compared to what is currently anticipated by the zoning meaning that it would make it hard to form a sensible or logical comparison. 12

13 6.3 Notwithstanding the above, section 4.4 of this report provides a useful description of what is anticipated/permitted within the zones that are traversed by the NoR for CSM2. 7 EXISTING RESOURCE CONSENTS 7.1 This section of the report establishes whether the proposal would affect any relevant existing consent holders ability to implement their existing consents (including certificates of compliance and existing use rights certificates). 7.2 A search on Council s Geographical Information System (Webmap) was undertaken to establish the resource consents issued by the CCC on land affected by the NOR for CSM2 as identified through the notification process. A list of the relevant consents are provided in Appendix C, alongside a plan illustrating the location of the affected land. 7.3 Having researched these properties, I have concluded that only the consents affected by the proposal would be 402 Halswell Junction Road. The following consents/certificate of compliance have been issued for this property: Consent Number Consent Type Street Address Description Status RMA Received RMA Issued RMA Granted RES RES RES RES RMA Resource Consents Resource Consents Resource Consents Resource Consents Certificate of Compliance 402 HALSWELL JUNCTION ROAD 402 HALSWELL JUNCTION ROAD 402 HALSWELL JUNCTION ROAD 402 HALSWELL JUNCTION ROAD 402 HALSWELL JUNCTION ROAD Consent to establish a road Carriers depot and Ancillary facilities. For consent to establish a road carrier`s depot at 402 Halswell Junction Road, to include administration, storage, vehicle parking, servicing, re Application for consent to specified departure to permit 10 acres of the applicants 20 acre property at Halswell Junction Road t Consent to relocate and establish the concrete Division of pavroc industries in the rural 4 zone 7 objections Certificate of compliance for the storage of landscape supplies. 03/12/ /12/ /12/ /03/ /07/ /07/ /02/ /07/ /07/ /01/ /03/ /03/ /06/ /08/ /08/ It would appear that 402 Halswell Junction Road is currently operating in accordance with Certificate of Compliance RMA which allows the operation of a landscape supplies yard over the entire site. The proposal would see this activity compromised as the NOR for CSM2 occupies a large area of the property and would see the westward off ramp to Halswell Junction Road intersect this property. I am unaware whether the other resource consents listed for the land have been given effect too or are still valid. 7.5 I am not aware of any other resource consents issued by the CCC that could not be implemented because of the proposal. In coming to this conclusion I have not assessed any resource consents on land currently owned by the Crown for the purposes of implementing the proposal. 13

14 8 OTHER MATTERS 8.1 Technical Report 20 outlines a number of other National, Regional and Local documents which are not statutory documents prepared under the RMA, but still warrant consideration as they contain policy and direction for the development of the project to a greater or lesser or extent. Of particular interest to this report are the following: The Earthquake Recovery Act 2011 The Recovery Strategy for Greater Christchurch 2012 Land Transport Management Act 2003 Government Policy Statement on Land Transport Funding 2009/ /19 National Infrastructure Plan 2011 National State Highway Strategy 2007 Canterbury Regional Land Transport Strategy Canterbury Regional Land Transport Programme Christchurch Transport Plan Greater Christchurch Urban Development Strategy 2007 South-West Christchurch Area Plan 2009 New Zealand Urban Design Protocol 2005 These documents are considered further below: 8.2 The Earthquake Recovery Act 2011 and the Recovery Strategy for Greater Christchurch The Recovery Strategy for Greater Christchurch (the Recovery Strategy) prepared by CERA under the Canterbury Earthquake Recovery Act (CER Act) became operative on 1 June These documents can be read in full at the following links: CER Act: Recovery Strategy: Under section 15 of the CER Act, the Recovery Strategy is a statutory document that will be read together with, and forms part of, certain documents created under other Acts (that apply to any area in Greater Christchurch). Therefore the RPS, PC1, PRPS and City Plan must not be interpreted or applied in a way that is inconsistent with the Recovery Strategy. Only Section 3-8 of the Recovery Strategy have statutory effect. 14

15 The most relevant previsions of the Recovery Plan relate to the Built Form Recovery which states: 5. Develop resilient, cost effective, accessible and integrated infrastructure, buildings, housing and transport networks - by: 5.1 coordinating and prioritising infrastructure investment that effectively contributes to the economy and community during recovery and into the future; 5.2 supporting innovative urban design, buildings, technology and infrastructure to redefine greater Christchurch as a safe place built for the future; 5.3 rebuilding infrastructure and buildings in a resilient, cost-effective and energyefficient manner; 5.4 developing an integrated transport system that meets the changed needs of people and businesses and enables accessible, sustainable, affordable and safe travel choices; 5.5 zoning sufficient land for recovery needs within settlement patterns consistent with an urban form that provides for the future development of greater Christchurch; 5.6 having a range of affordable housing options connected to community and strategic infrastructure that provides for residents participation in social, cultural and economic activities; and 5.7 drawing on sound information about ongoing seismic activity and environmental constraints, including other natural hazards and climate change. The CER Act defines recovery as including both restoration and enhancement. In this context the provision of CSM2 and MSRFL as a strategic road link within and to and from Greater Christchurch, could be considered as an enhancement particularly in terms of providing an integrated transport system. 8.3 Other Strategies, Policies and Plans A number of other strategies, policies and plans have been indentified in technical Report 20. Given that these have already been outlined in AEE Technical Report 20, a full overview of each of these documents is not provided here. However, overall these documents highlight that: CSM2 would form part of a strategic southern transport corridor that provides improved access to Lyttelton Port and Christchurch for people and freight from south of Christchurch. A general alignment for the southern corridor has been identified which extends from State Highway 1 in Selwyn, through Southwest Christchurch and linking up to the existing roading network to the Lyttelton Port. CSM2 generally accords with this alignment noting that any proposed route is subject to an assessment under the relevant provisions of the RMA. CSM2 as part of a southern transport corridor, is considered to be an integral part of settlement patterns, future urban growth and the strategic road/state highway network. 15

16 There is high level support and/or funding for CSM2 in the short term as part of a southern transport corridor from local, regional and central government and/or agencies. The provision of CSM2 as part of a southern transport corridor for Greater Christchurch would bring about significant social and economic benefits. The provision of CSM2 as part of a southern transport corridor is considered to be a matter of national significance. The relevant documents can be read in full at the following links: Land Transport Management Act 2003 Government Policy Statement on Land Transport Funding 2009/ / html?search=ts_act%40bill%40regulation%40deemedreg_L and+transport+management+act+2003+_resel_25_h&p=1 National Plan 2011 Infrastructure National State Highway Strategy 2007 Canterbury Regional Land Transport Strategy (prepared under the Land Transport Management Act 2003 Canterbury Regional Land Transport Programme (prepared under the Land Transport Management Act 2003 Christchurch Transport Plan egies/transportplan/christchurchstrategytransportplan2012.pdf (prepared under the Local Government Act 2002) Greater Christchurch 16

17 Urban Development Strategy 2007 (prepared under the Local Government Act 2002) South-West Christchurch Area Plan (prepared under the Local Government Act 2002) Notwithstanding the above, it is considered useful to further outline some of the key non-rma land use planning documents for Christchurch and Greater Christchurch in sections 8.4 and 8.5 of the report below. 8.4 Greater Christchurch Urban Development Strategy 2007 The Greater Christchurch Urban Development Strategy 2007 is a strategy developed under the Local Government Act 2002 (LGA) to manage growth across the Greater Christchurch and has been prepared in conjunction with the following Strategic UDS partners: CRC, CCC, SDC, Waimakariri District Council, the NZTA and Te Runanga o Ngai Tahu. In mid 2010 the action plan associated with this document was updated to address consistency with Council strategies and changes in legislation. I understand that another review is pending to take into account the issues relating to the recent earthquakes. The Strategy provides a broad settlement pattern for Greater Christchurch over 35 years, including: identifying where a variety of future homes, such as central city apartments, town houses and family-sized houses, are best located; providing a living environment that supports healthy communities; ensuring residents have easy access to shopping, health, education and community services; providing a range of transport choices, including public transport, cycling and walking; developing new and expanding existing business centres and employment areas; and ensuring these areas are well connected to wider road and rail networks. 17

18 The settlement pattern agreed to in this strategy has generally been introduced to the RPS within PC1. Unlike PC1, this Strategy identifies that a southern motorway connection that better links southern and mid Canterbury to Lyttelton Port is a key feature of the overall settlement pattern for Greater Christchurch. CSM2 would form a part of this link. 8.5 Southwest Christchurch Area Plan 2009 The Southwest Christchurch Area Plan (the Area Plan) has been prepared in accordance with the functions of the CCC under the Local Government Act 2002 (LGA) and was adopted in April The Area Plan is intended to assist the Council in carrying out its functions under both the RMA and LGA in the Southwest of Christchurch City. This area is identified as a major growth area in the southwest of Greater Christchurch in both in terms of the Urban Development Strategy and PC1. The Area Plan provides a framework within the Urban Development Strategy for managing urban and business growth in Southwest Christchurch during the next 35 years. The Area Plan integrates land-use planning with key infrastructure projects, strategic roading projects including the Christchurch Southern Motorway and community facilities. The alignment of CSM2 would be broadly consistent with the Southern Motorway alignment illustrated in the Area Plan. 8.6 New Zealand Urban Design Protocol The Protocol is a voluntary commitment to specific urban design initiatives by signatory organisations, which include central and local government, the property sector, design professionals, professional institutes and other groups. The Urban Design Protocol can be read in full at: The Urban Design Protocol identifies that collective actions that individual signatories take make a significant difference to the quality and success of urban design in our towns and cities helping them become: competitive places that thrive economically and facilitate creativity and innovation liveable places that provide a choice of housing, work and lifestyle options healthy environments that sustains people and nature inclusive places that offer opportunities for all citizens distinctive places that have a strong identity and sense of place well-governed places that have a shared vision and sense of direction The Protocol identifies seven essential design qualities: 18

19 Context: seeing that buildings, places and spaces are part of the whole town or city Character: reflecting and enhancing the distinctive character, heritage and identity of our urban environment Choice: ensuring diversity and choice for people Connections: enhancing how different networks link together for people Creativity: encouraging innovative and imaginative solutions Custodianship: ensuring design is environmentally sustainable, safe and healthy Collaboration: communicating and sharing knowledge across sectors, professions and with communities. The NZTA and the CCC are signatories to the Urban Design Protocol. 19

20 APPENDICES APPENDIX A. STATEMENT OF WORKS APPENDIX B. RELEVANCE OF KEY OBJECTIVES AND POLICIES APPENDIX C. EXISTING RESOURCE CONSENTS

21 APPENDIX A. STATEMENT OF WORKS

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30 APPENDIX B. RELEVANCE OF KEY OBJECTIVES AND POLICIES

31 Objectives and Policies Relevance Part 2, Natural Environment Natural environment objective: Maintenance and enhancement of the quality of natural resources and their ability to meet the needs of present and future generations. 2.1 Objective: Land and soil To maintain and enhance those physical, chemical and biological characteristics of land and soils, and the ecosystems they contain, in a way that best enables them to support life and provide for community needs Policy: Versatile Soils (a) Where consideration is being given to the use, development or protection of land comprising versatile soils, in circumstances where such use development or protection is necessary to achieve the purpose of the RM Act, particular regard shall be had, in the circumstances of the case, to any need to protect such land from irreversible effects that may foreclose some future land use options that benefit from being located on such land. (b) Provided that where a proposed activity will irreversibly affect land comprising versatile soils and there is a choice in the locality between such activity occurring on that land or on less versatile land, the preference shall be to protect versatile land from such activity, unless the proposed activity would better achieve the purpose of the RM Act Policy: Hazardous substances and wastes To manage the effects of any manufacturing, storage, use or disposal of hazardous substances or wastes, by ensuring these are contained to avoid adverse effects on the life supporting capacity of land and soils. 2.2 Objective : Water Maintenance and enhancement of the quality and availability of the City's water resources, and of the natural and cultural values and public accessibility of waterways and their margins Policy : Groundwater quality To ensure land use activities do not detract from the quality or availability of groundwater. The proposal would take land zoned for rural purposes out of production. During construction hazardous substances (petroleum) would be stored and used onsite which if not managed correctly could escape into the wider environment including land. During construction hazardous substances (petroleum) would be stored and used onsite which if not managed correctly could escape into

32 2.2.3 Policy : Flooding and groundwater recharge To manage the disposal of stormwater in a manner that minimises potential flooding, and promotes groundwater recharge Policy : Surface waters To manage the location and scale of land use activities and the disposal of stormwater, in a manner which avoids, remedies or mitigates the pollution of surface waters and adverse effects on aquatic ecosystems Policy : Aquatic habitats To enhance the City's waterways as habitats for fish and other aquatic species and plants. the wider environment including ground water. Stormwater disposal during construction and operation would be treated and would generally discharge to ground except that in large rainfall events a discharge into Upper Knights Stream may occur. While this channel is generally dry it does form part of the Halswell River Catchment. Aquatic habitats/values could be impacted upon by the siphons that would be installed under road crossings and other works in and around these waterways. 2.3 Objective : Air Improvement of the standards of air quality over the City, influenced by the location and nature of land use activities Policy : Transport emissions To promote reduced air emissions from transport through a strategy of consolidating the urban form, which also provides for the ability to retain a viable public transport system and promotes lessening dependence on motor vehicle use Policy : Land uses To ensure that the location of processes causing airborne contaminants is considered when assessing land uses. During operation, vehicles using the road would generate fumes/air emissions. During construction, management practises are proposed to minimise the dispersal of airborne sediment.

33 2.5 Objective : Natural hazards To avoid or mitigate the actual or potential adverse effects of loss or damage to life, property, or other parts of the environment from natural hazards Policy : Presence of natural hazards To control development within the City to protect life and investment, taking account of the presence of natural hazards and the degree of risk that those hazards impose on the environment Policy : Limitations on development To avoid any increased risk of adverse effects on property, wellbeing and safety from natural hazards by limiting the scale and density of development, which: (a) is within an area subject to moderate to high risk of damage from natural hazards; or (b) would result in an increased risk of damage from natural hazards elsewhere.; (c) would adversely affect the functioning of existing flood protection works. The application report identifies natural hazards in the form of seismic activity, liquefiable soils and the possibility of overland flow in large rainfall events Policy : Earthquake To ensure that buildings are constructed in a manner (or where appropriate, reconstructed) to ensure that their stability in times of earthquake is sufficient to avoid, or at least minimise, loss of life or damage to property. Section 4 City Identity City identity objective: A distinctive city where form, amenity and heritage values are maintained and enhanced 4.2 Objective : Amenity A pleasant and attractive City Policy : Landscape design To enhance the landscape quality of the City and encourage sensitive landscape design and the retention of appropriate vegetation and new planting Policy : Impacts of noise To achieve a low ambient level of noise in the City and the protection of the environment from noise that can disturb the peace, comfort, or repose of people to the extent necessary to avoid, remedy or mitigate unreasonable levels of sound. The proposal would result in a number of physical changes to the existing rural landscape particularly where underpasses are proposed as these would form a significant elevated structure not previously part of the rural landscape. Construction effects are also likely to lead to short term visual impacts while

34 Policies : Sound levels In achieving satisfactory ambient sound levels, to take account of the receiving environment and its sensitivity to noise intrusion To provide maximum acceptable sound levels to enable uses emitting noise to design activities, including at source noise attenuation structures, to reach the desired ambient levels, and enable recipients to protect themselves against such levels Policy : Airborne contamination To ensure that processes giving rise to airborne contamination, particularly odours, are located so that any adverse effects on the amenities of adjoining areas are avoided, remedied or mitigated Policy: Glare To address the adverse effects of glare caused by lighting, or where practicable reflection, on the amenities of the surrounding environment. earthworked surfaces are exposed and general construction activities take place. Noise would be created during the construction and use of the proposed road formations. During construction, management practises are proposed to minimise the dispersal of airborne sediment. During night time hours, construction activities and the use and operation of the road formations have the potential to create light spill for neighbouring properties. Part 5 Tangata Whenua Tangata Whenua objective: The management of the City's natural and physical resources, taking into account the principles of the Treaty of Waitangi. 5.1 Objective : Maori and their resources To recognise the importance of, and provide for, the relationship of Maori, their culture and traditions with ancestral lands, waters, sites, waahi tapu and other taonga Policy : Management of land and resources To recognise the rights of Tangata Whenua to manage their ancestral land and resources in a sustainable manner Policy : Water There are no identified sites of significance to tangata whenua under the CCP although the applicant is prepared to follow the accidental discovery protocol should any archaeological site be uncovered during works.

35 To enhance, conserve and facilitate access to significant wetlands, estuaries, coastal areas and waterways Policy : Traditional resources To provide for access to and the use of traditional resources within public forests, parks and reserves Policy : Places of special significance To identify places of special significance to Tangata Whenua and avoid, remedy or mitigate adverse effects upon their values. Part 7 Transport Transport objective: An efficient, safe and sustainable transport system in the City which provides for ease of accessibility for people and goods. 7.1 Objective : A sustainable transport system A safe, efficient and sustainable transport system Policies : Minimising adverse effects To remedy, mitigate or avoid the adverse effects of the use of the transport system To promote integration of transport and land use planning To promote integration of the planning, management, and operation of all elements of the transport system To make efficient use of the transport system, particularly its infrastructure To encourage change in the transport system towards sustainability Policy : Integrated Sustainable Transport Strategy To develop a long term integrated strategy for transport Policies: Amenity To design new roading works to visually complement or improve the area To maximise planting and landscaping associated with roading improvements, to avoid, remedy or mitigate their impact on the environment. CSM2 is intended to be a four lane separated motorway with limited access to the local road network. Hence within Christchurch there would be only one fully directional interchange being at Shands Road with a half interchange at Halswell Junction Road. On completion the Road. On completion the CSM2 would become known as State Highway 76. The overall proposal would form a strategic road generally providing for improved road linkages for new growth areas, existing residential and

36 7.2 Objective : Road network An efficient and effective road network that allows the City to function and develop with minimal conflict between land uses, traffic and people Policy: Hierarchy of roads To continue to plan, build, maintain, and manage the operation of the roads in Christchurch as a hierarchical network comprised of roads of different classifications, and to recognise the different functions and roles of roads and their environmental impacts within those classifications Policies: Planning the network To protect the function of the road network and the environment of adjacent land uses from the adverse effects of high traffic generators To plan legal and paved road widths to reflect the differing functions of various elements of the road hierarchy To take account of social and environmental impacts as well as economic benefits when planning changes to the road network. business areas (including industrial), and the Port of Lyttelton both within and to and from Greater Christchurch. The proposal would also reduce pressure on the local road network and other major roads in Christchurch such as Main South Road, north of the MSRFL. Two additional road underpasses would be provided to Marshs Road and Springs Road and a realignment would occur to John Paterson Drive to maintain transport connectivity over, or around CSM2. This approach could help address land severance issues created by CSM2. The proposal has the potential for positive economic and social effects due to reduced travel times for freight and people. These effects are expected to extend beyond the users of CSM2. Notwithstanding there would be some localised circumstances where travel times/distances would increase.

37 7.4 Objective : Cyclists Provision for the safe movement of cyclists and actively encouraging cycling as a means of transport Policy : Network development To continue to develop a clearly identified cycle network throughout the City by: The provision made for cyclists on road and cycle links crossing the CSM2 formation would be a relevant consideration under this objective and associated policies. (a) providing safe, convenient cycle routes for school children; (b) using the secondary road network and using and creating vehicle free routes where possible; (c) making special provision for cycle commuters on some arterial roads to allow direct access to the central city; and (d) selecting cycle routes and enhancing additional routes to increase the safety and pleasantness of the network Policy : Road design To design roading improvements to take account of cyclists and their needs. 7.5 Objective : Pedestrians The safe movement of pedestrians in a pleasant environment Policy : Facilities To improve and develop pedestrian facilities throughout the City Policy : Mobility impaired To ensure that access and movement to buildings and throughout the City be reasonably available for people with impaired mobility, including people with disabilities Policy : Safety To reduce the conflict between vehicles and pedestrians throughout the City by providing pedestrian facilities. 7.7 Objective : Transport safety The maintenance and improvement of transport safety throughout the City Policies : Road safety The provision made for pedestrians on road and pedestrian links crossing the CSM2 formation would be a relevant consideration under this objective and associated policies. Traffic safety and coordination is a relevant issue for any roading project of the nature proposed.

38 7.7.1 To continue a substantial programme of traffic improvements, principally for safety reasons To assist and co-operate with Police Department safety enforcement measures To support and co-ordinate traffic safety measures initiated by concerned organisations within the City. 7.8 Objective : Access to the City Policy: Transport links To ensure high quality transport links between rail, road, port and airport facilities and the City for passengers, freight, employees and visitors Policy : Rail corridors To provide for the protection of rail corridors for transport purposes. The overall proposal would form a strategic road generally providing for improved road linkages for new growth areas, existing residential and business areas (including industrial), the Port of Lyttelton both within and to and from Greater Christchurch. Part 11 Living Living objective: A quality living environment that meets the differing needs of the City's population Policy: Sustainable subdivision design for Living G (Halswell West) Zone (a) To ensure subdivision of land in the Living G (Halswell West) Zone occurs in a comprehensive and integrated manner and is appropriately connected to the wider urban environment by ensuring an overal design and layout that gives effect to: Within the intersected rail corridor, CSM2 would compromise the opportunity to provide passenger rail services along this route in the future should it ever be contemplated. The existing railway corridor is at grade and the structures required to get over or under the CSM2 formation would be significant and costly. The northern end of the John Paterson Drive realignment would be located through the northwest corner

39 (i) key structuring elements and network objectives specified in objectives and policies of the City Plan; (ii) overall pattern of development shown on the Outline Development Plan (Halswell West) and Network Layer Diagrams in Appendix 3W - 3W(e), Part 2, Volume 3; (iii) the provision of predominantly residential development with a minimum of 1,458 dwellings at maximum densities. (iv) provision of a commercial area with a maximum land area of 0.6 of a hectare that provides for the day to day, convenience shopping needs of the local community and is designed in accordance with good urban design principles and achieves a high standard of visual character and amenity; and, (v) Achievement of a minimum net density of 15 households per hectare. (b) To avoid subdivision in the Living G (Halswell West) Zone until such time as sites are able to be serviced by the City s reticulated waste water system and stormwater facilities. (c) To avoid any increased risk of adverse effects on property and the wellbeing and safety of the community from contaminated sites by avoiding subdivision of land until appropriate mitigation measures have been identified and the risk from site contamination is removed or appropriately remediated. of the Living G (West Halswell) Zone and in a small way would alter the overall pattern of development and achievement of densities envisaged by this Zone. Section 13 Rural Rural objective: The sustained potential of land, soil, water and infrastructural resources in the rural area to support life and to meet reasonably foreseeable future rural and urban needs Objective: Water resources Management of land use activities to protect the quality and availability of both surface and ground water in the rural area of the City Policy : Groundwater recharge To ensure that land use activities do not risk contamination of the groundwater recharge area, by controlling activities involving major use or production of potential contaminants, rural dwellings, unserviced urban activities and landfilling Policy : Surface water quality During construction hazardous substances would be stored on site which if not managed correctly could escape into the wider environment. Stormwater is proposed to be treated and discharged to ground except in large rainfall events when there may

40 To ensure that land use activities do not have a detrimental effect on the quality of surface waters Objective : Rural amenity values That over the rural area as a whole, rural amenity values, including visual character, heritage values, cultural and recreational opportunities are maintained and whenever possible enhanced, and adverse effects of activities are recognised and controlled Policies : Avoiding mitigating or remedying adverse effects To ensure that activities in the rural area, including pastoral, agricultural and horticultural farming, or intensive livestock management and forestry do not gave rise to adverse effects (dust, noise, smell, airborne sprays and visual detraction) without separation or mitigation measures. be a discharge to Upper Knights Stream. The rural amenity values of the rural properties to the south of Halswell Junction Road would be effected by the proposal (i.e. especially by noise and some of the visual impacts outlined above).

41 APPENDIX C. LIST OF EXISTING RESOURCE CONSENTS

42 Key Corporate Support Existing Designation Affected Rating Unit Rating Units Affected by Proposed Southern Motorway Alignment WorkSpace: A.gws Layout:1 Scale: 1:11000 Date: 29/11/2012