W R & B K Duncan PROPOSED SUBDIVISION. 923 Puketona Road (SH 11), Paihia PLANNERS REPORT & ASSESSMENT OF ENVIRONMENTAL EFFECTS

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Thomson Survey Limited Subdivision Proposal Jan-19 W R & B K Duncan PROPOSED SUBDIVISION 923 Puketona Road (SH 11), Paihia PLANNERS REPORT & ASSESSMENT OF ENVIRONMENTAL EFFECTS Thomson Survey Ltd

5 Thomson Survey Limited Subdivision Proposal Jan-19 W R & B K Duncan PROPOSED SUBDIVISION 923 Puketona Road (SH 11), Paihia PLANNERS REPORT & ASSESSMENT OF ENVIRONMENTAL EFFECTS Thomson Survey Ltd Kerikeri 1.0 INTRODUCTION 1.1 The Proposal The applicants propose to carry out a subdivision of property at 923 Puketona Road (SH11), Paihia, to create a total of 3 lots (2 additional), in two stages. The property has three existing legal crossings to Puketona Road (State Highway 11). The existing dwelling and some farm ancillary buildings will remain on proposed Lot 2. The other proposed lots are vacant land. Refer to Appendix 1 for a copy of the Scheme Plan. Page 1 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

6 Thomson Survey Limited Subdivision Proposal Jan Scope of this Report This assessment and report accompanies the Resource Consent Application made by our clients, and is provided in accordance with Section 88 and Schedule 4 of the Resource Management Act The application seeks consent to subdivide a property into 3 lots (2 additional), as a discretionary subdivision activity. The information provided in this assessment and report is considered commensurate with the scale and intensity of the activity for which consent is being sought, and covers: A description of the proposal; A description of the site and its environs; An assessment of environmental effects; An assessment of the proposal against relevant objectives and policies of the Far North District Plan; An assessment of the proposal against relevant provisions of Part 2 of the Act and other National and Regional Standards, Policies and Plans; Record of consultation. The name and address of the owner of the property is contained in the Form 9 Application Form. There are no other activities that are a part of the proposal to which the application relates, and no other resource consents required other than that addressed in this application. 2.0 PROPERTY DETAILS Location: 923 Puketona Road (SH 11), Paihia Legal description: Lot 4 DP ; CT: Record of Title , 54.2ha in area (copy of Title attached as Appendix 2) Refer to Appendix 3 for a locality plan. 3.0 SITE DESCRIPTION 3.1 Physical characteristics The application property is 54.2ha in area. It supports an existing dwelling and three sheds (refer to Building Consent history later in this report). There are some access tracks and stock yards. The main property entrance consists of two side by side crossings on the frontage to proposed Lot 2. Page 2 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

7 Thomson Survey Limited Subdivision Proposal Jan-19 The property is on the south side of the highway, relatively level across the low lying portion nearer the highway, before climbing into gently rolling and then steeper slopes towards the south. Minor watercourses come down gullies at the south, flowing northwards through the site. The existing property boundary follows one such watercourse to the State Highway boundary. It is proposed that the boundary between proposed Lots 1 and 2 will similarly follow that same watercourse. There is a man made dam near the pine tree line and more main-made water features in the front portion of proposed Lot 2. The property is zoned Rural Production and contains no resource features. There is Outstanding Landscape notation on the adjacent property to the south, but this notation does not cross the property boundary. The Puketona Quarry lies to the west. The worked face is some 1.5km from any building site on proposed Lot 1 and 800m or more from any building site on proposed Lot 3. There are two properties in between the application site and the quarry property. 3.2 Legal Interests Record of Title , issued in March 2004 (refer Appendix 2) is subject to a number of instruments. The title area consists of 54.2ha in Lot 4 DP , and also a half share in Lot 2 DP of 862m 2. The reason for the latter is related to access, which is discussed later in this report. Having had several subdivisions occur over the years there are several appurtenant ROW s applying. They effectively duplicate one another. The most recent, Easement Instrument is attached in Appendix 4. This same easement provides for power, telecoms and water supply. The same instrument also makes the application site the servient tenement (is subject to) ROW due to the ½ share in Lot 2 DP The site is subject to an easement in gross in favour of Top Energy for the transmission of electricity. A copy of Easement Instrument is attached in Appendix 5. The site has three crossing notices registered on its title refer to correspondence with NZTA attached in Appendix Consent History Building consents on record: BP , issued in November 1988 for dwelling and implement shed (250m 2 total). BP , issued in July 1990, for a 100m 2 barn. BC , issued in June 1995, for alterations to a garage loft. BC , issued in April 2001, for extensions to existing dwelling, including deck. Page 3 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

8 Thomson Survey Limited Subdivision Proposal Jan-19 BC , issued in October 2006, for a 210m 2 tractor shed. BC , issued in June 2007, for internal alterations to the dwelling (steel beam in lounge). Subdivision consent history: The small Lot 2 DP , of which the application site owns a ½ share, appears to have been created via a 1995 subdivision (RC refers). Lots 1 & 2 DP were subdivided off the underlying land in These two lots became Lots 1 & 2 DP via a subsequent subdivision. RC and RC were issued in 2003 which created 3 more rural lifestyle lots and the large balance. This is the starting point for the current application i.e. the subdivision of that large balance lot. The lots already created (Lots 1 & 2 DP and Lots 1-3 DP ) all access off CP117, the crossing place part way up the slope heading towards Paihia. 4.0 THE PROPOSAL IN DETAIL The applicant seeks to subdivide their land into a total of 3 lots in two stages as follows: Stage 1 Lot 1 of 6.14ha and balance ; Stage 2 Lots 2 (12.05ha) and 3 (36.02ha). Consultation has been undertaken with NZTA and it is proposed that Lot 1 will retain the right to utilise CP117 (a right currently attached to the application site); and that Lots 2 & 3 will continue to utilise CP118/119 and relinquish any ability to use CP117. Access to the large rear Lot 3 (Stage 2) is to be provided for via a ROW down the western boundary of Lot 2. This physically follows the existing driveway for its first section and can be readily formed thereafter to the boundary to Lot 3 over reasonably easy contour. 5.0 ACTIVITY STATUS 5.1 Zoning The property is zoned Rural Production. There are no resource features applying. 5.2 Far North District Plan Rules The subdivision standards applying in the Rural Production Zone are contained in Table as shown below. TABLE : MINIMUM LOT SIZES (i) RURAL PRODUCTION ZONE Controlled Activity Status (Refer Restricted Discretionary Activity Discretionary Activity Status Page 4 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

9 Thomson Survey Limited Subdivision Proposal Jan-19 also to ) Status (Refer also to 13.8) (Refer also to 13.9) The minimum lot size is 20ha. 1. Subdivision that complies with 1. The minimum lot size is 4ha; or Note 1: Reference should also the controlled activity standard, 2. A maximum of 3 lots in any be made to the minimum lot size but is within 100m of the subdivision, provided that the applying to land within an boundary of the Minerals Zone; minimum lot size is 2,000m² and Outstanding Landscape, 2. The minimum lot size is 12ha; there is at least 1 lot in the Outstanding Landscape Feature or 3. A maximum of 3 lots in any subdivision with a minimum size or Outstanding Natural Feature subdivision, provided that the of 4ha, and provided further (see below in this Table and Rule minimum lot size is 4,000m2 and that the subdivision is of sites ). Note 2: Subdivision in there is at least 1 lot in the which existed at or prior to 28 the Pouerua Heritage Precinct subdivision with a minimum lot April 2000, or which are (refer Maps 35, 41 and HP1), is a size of 4ha, and provided further amalgamated from titles existing discretionary subdivision activity. that the subdivision is of sites at or prior to 28 April 2000; or 3. A Note 3: Subdivision within 100m which existed at or prior to 28 subdivision in terms of a of the boundary of the Minerals April 2000, or which are management plan as per Rule Zone is a restricted discretionary amalgamated from titles existing may be approved. 4. activity. at or prior to 28 April 2000; or 4. A Subdivision in the Pouerua maximum of 5 lots in a Heritage Precinct... subdivision (including the parent lot) where the minimum size of the lots is 2ha, and where the subdivision is created from a site that existed at or prior to 28 April 2000;... The title is dated post April All lots are 4.0ha or greater. The subdivision is therefore considered to be a discretionary activity pursuant to option 1 above under the Discretionary Activity Status options (any number of 4.0ha lots). 6.0 ASSESSMENT OF ENVIRONMENTAL EFFECTS 6.1 Allotment sizes and dimensions The subdivision proposes to provide for a moderately sized (6ha) rural lifestyle lot, with existing access rights, on gently rolling pasture land (Lot 1, Stage 1). The lot has more than one building platform and is large enough to easily be able to support on site wastewater treatment and disposal for a future dwelling, as well as stormwater management. There are areas of trees, but a residential dwelling can readily achieve the required 20m setback. Stage 2 takes off the existing house and ancillary buildings to remain as a 12ha rural lifestyle / farmlet block, suitable for a small grazing operation; and Lot 3 of 36ha that contains rolling pasture as well as a large area of pine forest. There is at least 5ha of buildable area on this larger lot, and like Lot 1, there is ample scope for on site wastewater treatment and disposal, and stormwater management. 6.2 Property Access The property has access off Limited Access State Highway, via three separate Crossing Places all listed on the title (refer Appendix 2). Consultation with NZTA was carried out prior to lodging the application, and approval obtained. Refer Appendix 6. Stage 1, Lot 1 will utilise CP117, with Lots 2 & 3 having no further Page 5 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

Thomson Survey Limited Subdivision Proposal Jan-19 right to use this crossing. CP117 CP Notice provides for residential use so is fit for purpose for the proposed Lot 1.

10 Thomson Survey Limited Subdivision Proposal Jan-19 right to use this crossing. CP117 CP Notice provides for residential use so is fit for purpose for the proposed Lot 1. Lots 2 & 3 will utilise the side by side CP118 and 119 at the western end of the property s frontage. These are described as providing farm and residential access. CP118 & 119 looking west. 6.3 Natural and Other Hazards The lower lying front portion of proposed Lot 2 (the lot containing the existing dwelling) is shown on District Plan s Flood Potential Map 5 being potentially flood susceptible. The area of the house, however, is well clear of this area. There are no other natural hazards identified for the sites affecting building sites or access. The subdivision is not considered to cause or exacerbate natural hazards. The site is not shown as being highly erodible land on the Proposed Regional Plan s on-line maps. All lots have abundant cleared area such that no building need be within 20m of any area of planted wood lot. Fire risk to residential dwellings rules are therefore unlikely to be an issue when a future lot owner seeks to build their residential dwelling. 6.4 Water Supply The property does not have access to a reticulated potable water supply. Future dwellings will therefore be reliant on roof water catchment. The Council can impose its standard consent notice in regard to potable and fire fighting water supply. 6.5 Stormwater Disposal The lots are all in excess of 6ha in area. Lot 2 is already developed. Lot 1 has several potential building sites and generally falls to the west towards the water course boundary. The most appropriate stormwater management for the site is best determined at building consent stage when the location and size of a building, and length of driveway, will be known. The permitted activity impermeable surface coverage for this property is some 9210m 2, so there is. Page 6 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

11 Thomson Survey Limited Subdivision Proposal Jan-19 nil likelihood of any stormwater management breach of zone rule when the site is developed. Proposed Lot 3 may or may not eventually support a building. Dependent on final location, the site falls to both west and east and, in my opinion, can readily control and management stormwater runoff from future impermeable surface such that any off site adverse effect of stormwater can be readily mitigated. As with Lot 1, there is nil likelihood of any breach of the zone s permitted activity stormwater management rule when any development occurs. 6.6 Sanitary Sewage Disposal The size of the lots is such that on site sanitary sewage disposal is readily achievable on each lot. The final design of any system is best left to building consent stage. Should the Council consider it necessary to impose any requirement for proposed Lot 1, it could read something along the following lines: In conjunction with the construction of any building which includes a wastewater treatment & effluent disposal system, the lot owner shall submit for Council approval a TP58 Report prepared by a Chartered Professional Engineer or an approved TP58 Report writer. The report shall identify a suitable method of wastewater treatment for the proposed development along with an identified effluent disposal area plus a 100% reserve disposal area. The report shall confirm that all of the treatment and disposal system can be fully contained within the lot boundary and comply with the relevant Regional Plan permitted activity standards. I do not believe such a consent notice is necessary for the large Lot Energy Supply & Telecommunications Power and telephone are not a requirement of rural subdivision. A consent notice can reflect this. Notwithstanding this, consultation has been carried out with both Top Energy and Chorus, the results of which are contained in Appendix 7. Services are available. 6.8 Easements for any purpose Existing easements will remain. New easements A, C and D will provide access and services over Lot 2 in favour of Lot 3 and will apply at Stage 2 (no new easements required at Stage 1). Refer to Scheme Plan in Appendix Effect of Earthworks and Utilities Earthworks will be required for any minor upgrading works required to access Lot 1, and again when the Stage 2 Lot 3 is created and ROW has to be formed. It is not anticipated that in either event the District Plan s Rural Production threshold will be breached. Appropriate sediment and erosion control measures will be put in place for the duration of any access upgrade/formation. Page 7 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

12 Thomson Survey Limited Subdivision Proposal Jan Building Locations Both vacant lots can provide a physically suitable building platform (or more than one). There are no known hazard areas in regard to potential inundation in regard to the vacant lots. The topography of the land will enable generally north facing building platforms, thereby enabling a future lot owner to maximise access to sunlight, should they wish to. A building on Stage 1, Lot 1, can readily be setback from the boundaries of Lot 2 DP and Lot 3 DP so as not to breach any boundary setback rule and not cause adverse effects in terms of privacy or access to sunlight. Any building developed on Lot 3 can achieve ample setback from boundaries. The subdivision is expansive and low density. The proposal is considered to be in keeping with the visual amenity and semi rural character now dominant in this locale Preservation of heritage resources, vegetation, fauna and landscape, and land set aside for conservation purposes A search of the NZ Archaeological Association database (ArchSite) shows no sites on the application site. There are no areas on the property identified as a Protected Natural Area within the Department of Conservation s Ecological District database and publications, and the property is not notated as outstanding landscape or feature and there is no land set aside for conservation. The property is identified as being within a high density kiwi area. The property is currently grazed and supports an area of pine forest, and has no restrictions in regard to the keeping of dogs and cats. As far as I am aware none of the five lifestyle lots already created adjacent to the site have restrictions on the keeping of dogs and cats. Land in Lots 2 and 3 will likely continue in grazing use, for which a working dog may be required to assist in management of that grazing. As such it is requested that there be no ban on working dogs for Lots 2 & 3. The same could be said to a more limited degree for Lot 1. It is adjacent to five properties with no restriction on dogs, and is large enough to be grazed, albeit at a small scale. I believe it would be a reasonable expectation of a future owner of Lot 1 to be allowed a dog. A consent notice could restrict this to one dog, require micro chipping and potentially kiwi aversion training, and the erection of a dog proof enclosure in order that the dog is kept under control at all times. Final wording could perhaps be a matter for further discussion Soil The site is primarily classified as being within LUC unit IVe7 with only the flat portions of what will be Lot 2 with the existing dwelling and ancillary buildings (including stock yards) displaying slightly more fertile alluvial soils, i.e. IIIw1. This land will remain within a 12ha Page 8 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

13 Thomson Survey Limited Subdivision Proposal Jan-19 farmlet and as such the ability to continue with a land use dependent on the soil means the subdivision does not unduly impact on soil. The land in Lots 1 and 3 is best suited to low density grazing or plantation forestry and this use can continue post subdivision, again minimising adverse effects on the soil Access to reserves and waterways No lot adjoining any water course is less than 4ha in area. No access is proposed. The previous owners had developed several water features within the northern end of what will be the 12ha Lot 2. These are man-made and private and it is not intended to provide for any public access Land use compatibility (reverse sensitivity) The subdivision creates a large rural lifestyle lot, a 12ha farmlet lot and balance productive land. This is totally in keeping with the existing character of the area and does not, in my opinion, create any significant increased risk of reverse sensitivity issues arising Proximity to Airports The application is well clear of any Airport Buffer Area as defined in the District Plan Other matters (including Schedule 4 matters not addressed elsewhere in this report) Precedent Effects Being a discretionary subdivision activity in regard to size and number of lots, the proposal is one anticipated in the District Plan as being appropriate, subject to overall consistency with objectives and policies, and environmental effects of a no more than minor nature. I do not therefore consider that an adverse precedent would be set in granting this proposal. There are many similar subdivisions already consented and given effect to in the district s rural area, and in the immediate environs. Cumulative Effects The proposal creates two additional lots. They are low density and of a similar size and character to the existing development in the area. The proposal is in effect a continuation of the rural lifestyle/farmlet and larger farm land use already in place in this location. In summary, I do not believe that the proposal has adverse cumulative effects of a more than minor nature. Positive Effects Land with access off State Highway 11 between Puketona and Paihia is a popular living choice for those wanting quick access to a state highway network, not that distant from tourist destinations on the coast, and shopping areas, whilst retaining a rural outlook and amenity. Page 9 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

14 Thomson Survey Limited Subdivision Proposal Jan-19 This proposal provides a choice of lifestyles for prospective purchasers, including continuing rural production use. I believe this represents sustainable management of natural and physical resources and has positive effects in providing for peoples social and economic well being. Other Schedule 4 matters The application does not include the use of hazardous installations. The application does not include the discharge of any contaminant. The scale and significance of the activity s effects are not such that monitoring is required. The site is not subject to any protected customary right. 7.0 STATUTORY ASSESSMENT 7.1 District Plan Objectives and Policies Objectives and policies relevant to this proposal are those in Chapter 13 of the District Plan (subdivision), along with those applicable to the Rural Environment, and in particular the Rural Production Zone. Those objectives that are particularly relevant to the proposal are discussed briefly below. Subdivision Objectives To provide for the subdivision of land in such a way as will be consistent with the purpose of the various zones in the Plan, and will promote the sustainable management of the natural and physical resources of the District, including airports and roads and the social, economic and cultural well being of people and communities. The proposal is considered to promote sustainable management and to promote people s social and economic wellbeing To ensure that subdivision of land is appropriate and is carried out in a manner that does not compromise the life-supporting capacity of air, water, soil or ecosystems, and that any actual or potential adverse effects on the environment which result directly from subdivision, including reverse sensitivity effects and the creation or acceleration of natural hazards, are avoided, remedied or mitigated. Refer to the Assessment of Effects contained in Section 6.0 of this report and to comments above. The proposal is considered consistent with this Objective. The property does not contain any outstanding landscape or natural features and is not in the coastal environment. Neither are there any scheduled heritage resources. Objectives and are therefore not considered relevant To ensure that all new subdivisions provide a reticulated water supply and/or on-site water storage and include storm water management sufficient to meet the needs of the activities that will establish all year round. Page 10 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

15 Thomson Survey Limited Subdivision Proposal Jan-19 This subdivision can adequately address water supply and stormwater management and is consistent with this Objective. Objective refers to Management Plan subdivisions and is not relevant To ensure the relationship between Maori and their ancestral lands, water, sites, wahi tapu and other taonga is recognised and provided for. And Policy That subdivision recognises and provides for the relationship of Maori and their culture and traditions, with their ancestral lands, water, sites, waahi tapu and other taonga and shall take into account the principles of the Treaty of Waitangi. I do not believe the proposed subdivision adverse impacts on the relationship between Maori and their ancestral lands To ensure that all new subdivision provides an electricity supply sufficient to meet the needs of the activities that will establish on the new lots created. Power supply is not a requirement of rural subdivisions. Nonetheless, Top Energy has confirmed that power supply is available To ensure, to the greatest extent possible, that all new subdivision supports energy efficient design through appropriate site layout and orientation in order to maximise the ability to provide light, heating, ventilation and cooling through passive design strategies for any buildings developed on the site(s). Vacant lots are large with plentiful alternative building sites to allow future lot owners to maximise access to sunlight and utilise energy efficiency methodology To ensure that the design of all new subdivision promotes efficient provision of infrastructure, including access to alternative transport options, communications and local services. The property has access to State Highway 11. It is not in a location where there are bus, cycle or pedestrian transport options. Objective is only relevant to the National Grid which is not present on the application site. Policies That the sizes, dimensions and distribution of allotments created through the subdivision process be determined with regard to the potential effects including cumulative effects, of the use of those allotments on: (a) natural character, particularly of the coastal environment; (b) ecological values; (c) landscape values; (d) amenity values; (e) cultural values; (f) heritage values; and (g) existing land uses. Page 11 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

16 Thomson Survey Limited Subdivision Proposal Jan-19 The site does not contain any identified natural character, ecological, landscape, cultural or heritage values of note. The proposed lot sizes and layout provide ample scope for building sites while preserving amenity values. The proposal is considered to be consistent with the existing amenity and character of the area That standards be imposed upon the subdivision of land to require safe and effective vehicular and pedestrian access to new properties. And That access to, and servicing of, the new allotments be provided for in such a way as will avoid, remedy or mitigate any adverse effects on neighbouring property, public roads (including State Highways), and the natural and physical resources of the site caused by silt runoff, traffic, excavation and filling and removal of vegetation. Access to the property is off State Highway. NZTA has been consulted. Internal access is either existing or able to be created. No vegetation removal is required to form access. Policies and are not considered relevant. None of the aspects listed in Policy requiring protection, restoration and enhancement are present on the site. Policy is not relevant as it relates to Financial Contributions That the provision of water storage be taken into account in the design of any subdivision. Adequate provision can be made for water storage at time of building consent. Policies and are not relevant as they relate to bonus lots and the Conservation Zone, neither of which apply in this case. Policy applies only to Management Plans and is not relevant Subdivision, use and development shall preserve and where possible enhance, restore and rehabilitate the character of the applicable zone in regards to s6 matters. In addition subdivision, use and development shall avoid adverse effects as far as practicable by using techniques including: (a) clustering or grouping development within areas where there is the least impact on natural character and its elements such as indigenous vegetation, landforms, rivers, streams and wetlands, and coherent natural patterns; (b) minimising the visual impact of buildings, development, and associated vegetation clearance and earthworks, particularly as seen from public land and the coastal marine area; (c) providing for, through siting of buildings and development and design of subdivisions, legal public right of access to and use of the foreshore and any esplanade areas; (d) through siting of buildings and development, design of subdivisions, and provision of access that recognise and provide for the relationship of Maori with their culture, traditions and taonga including concepts of mauri, tapu, mana, wehi and karakia and the important contribution Maori culture makes to the character of the District (refer Chapter 2 and in particular Section 2.5 and Council s Tangata Whenua Values and Perspectives (2004); Page 12 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

17 Thomson Survey Limited Subdivision Proposal Jan-19 (e) providing planting of indigenous vegetation in a way that links existing habitats of indigenous fauna and provides the opportunity for the extension, enhancement or creation of habitats for indigenous fauna, including mechanisms to exclude pests; (f) protecting historic heritage through the siting of buildings and development and design of subdivisions. (g) achieving hydraulic neutrality and ensuring that natural hazards will not be exacerbated or induced through the siting and design of buildings and development. The proposal is consistent with the character of the zone and avoids, remedies or mitigate adverse effects That the objectives and policies of the applicable environment and zone and relevant parts of Part 3 of the Plan will be taken into account when considering the intensity, design and layout of any subdivision. The objectives and policies applying to the Rural Environment and in particular the Rural Production Zone, are addressed below. The proposed subdivision is considered consistent with those objectives and policies. Rural Environment Objectives and Policies The sites are zoned Rural Production. This zone is part of the Rural Environment as defined/mapped within the District Plan. Whilst there are specific objectives and policies applicable to the Rural Production Zone, there are also some objectives and policies applying to the Rural Environment generally that might be regarded as relevant in assessing this proposal. 8.3 OBJECTIVES To promote the sustainable management of natural and physical resources of the rural environment while enabling activities to establish in the rural environment To ensure that the life supporting capacity of soils is not compromised by inappropriate subdivision, use or development To avoid, remedy or mitigate the adverse and cumulative effects of activities on the rural environment To avoid actual and potential conflicts between land use activities in the rural environment To promote the maintenance and enhancement of amenity values of the rural environment to a level that is consistent with the productive intent of the zone To enable rural production activities to be undertaken in the rural environment To enable the activities compatible with the amenity values of rural areas and rural production activities to establish in the rural environment. 8.4 POLICIES Page 13 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

18 Thomson Survey Limited Subdivision Proposal Jan That activities which will contribute to the sustainable management of the natural and physical resources of the rural environment are enabled to locate in that environment That activities be allowed to establish within the rural environment to the extent that any adverse effects of these activities are able to be avoided, remedied or mitigated and as a result the life supporting capacity of soils and ecosystems is safeguarded and rural productive activities are able to continue That development which will maintain or enhance the amenity value of the rural environment and outstanding natural features and outstanding landscapes be enabled to locate in the rural environment That plan provisions encourage the avoidance of adverse effects from incompatible land uses, particularly new developments adversely affecting existing land-uses (including by constraining the existing land-uses on account of sensitivity by the new use to adverse affects from the existing use i.e. reverse sensitivity). The proposed development is not contrary to any of the above Objectives and Policies. - It promotes sustainable management by way of providing for rural/residential usage, with continued productive use; - it does not unduly compromise the life supporting capacity of soils; - it avoids remedies or mitigates adverse effects; - the subdivision is compatible with, and has no adverse effects on, the existing amenity and character of the area; and - does not unduly increase the risk of land use incompatibility. Rural Production Zone Objectives and Policies: Objectives: To promote the sustainable management of natural and physical resources in the Rural Production Zone To enable the efficient use and development of the Rural Production Zone in a way that enables people and communities to provide for their social, economic, and cultural well being and for their health and safety To promote the maintenance and enhancement of the amenity values of the Rural Production Zone to a level that is consistent with the productive intent of the zone To avoid, remedy or mitigate the actual and potential conflicts between new land use activities and existing lawfully established activities (reverse sensitivity) within the Rural Production Zone and on land use activities in neighbouring zones To avoid remedy or mitigate the adverse effects of incompatible use or development on natural and physical resources. The proposed development is considered to be consistent with the Rural Production Zone Objectives listed above. The proposal is a discretionary subdivision activity, and allows for the efficient use of land in a way that enables people (future lot owners) to provide for their social and economic well being. It maintains amenity values to a level consistent with the Page 14 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

19 Thomson Survey Limited Subdivision Proposal Jan-19 productive intent of the zone and mitigates any adverse effect of incompatible uses by virtue of lot size, layout and physical characteristics. Policies That a wide range of activities be allowed in the Rural Production Zone, subject to the need to ensure that any adverse effects on the environment, including any reverse sensitivity effects, resulting from these activities are avoided, remedied or mitigated and are not to the detriment of rural productivity That standards be imposed to ensure that the off site effects of activities in the Rural Production Zone are avoided, remedied or mitigated That land management practices that avoid, remedy or mitigate adverse effects on natural and physical resources be encouraged That the type, scale and intensity of development allowed shall have regard to the maintenance and enhancement of the amenity values of the Rural Production Zone to a level that is consistent with the productive intent of the zone That the efficient use and development of physical and natural resources be taken into account in the implementation of the Plan That although a wide range of activities that promote rural productivity are appropriate in the Rural Production Zone, an underlying goal is to avoid the actual and potential adverse effects of conflicting land use activities That activities whose adverse effects, including reverse sensitivity effects cannot be avoided remedied or mitigated are given separation from other activities That activities be discouraged from locating where they are sensitive to the effects of or may compromise the continued operation of lawfully established existing activities in the Rural production zone and in neighbouring zones. The objectives and policies of the Rural Production Zone are a subset of those for the rural environment. They are intended to be as flexible, permissive and enabling as possible in order to ensure that rural productivity is not stifled and that other activities can establish where their significant adverse effects are avoided remedied or mitigated on rural production or the natural and physical environment, including its people. The proposed subdivision is considered to be consistent with this intent. In summary, having assessed the proposal against the relevant objectives and policies of the District Plan, it is considered that it is consistent with those objectives and policies. 7.2 Part 2 Matters 5 Purpose (1) The purpose of this Act is to promote the sustainable management of natural and physical resources. (2) In this Act, sustainable management means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety while Page 15 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

20 Thomson Survey Limited Subdivision Proposal Jan-19 (a) (b) (c) sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and avoiding, remedying, or mitigating any adverse effects of activities on the environment. The proposal is considered to provide for the sustainable management of natural and physical resources. 6 Matters of national importance In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance: (a) 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: (b) the protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development: (c) the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna: (d) the maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers: (e) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga: (f) the protection of historic heritage from inappropriate subdivision, use, and development: (g) the protection of protected customary rights: (h) the management of significant risks from natural hazards. The application site does not contain or affect any of the matters listed under Section 6 as Matters of National Importance. 7 Other matters In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to (a) (aa) (b) (ba) (c) (d) (e) (f) (g) (h) (i) kaitiakitanga: the ethic of stewardship: the efficient use and development of natural and physical resources: the efficiency of the end use of energy: the maintenance and enhancement of amenity values: intrinsic values of ecosystems: [Repealed] maintenance and enhancement of the quality of the environment: any finite characteristics of natural and physical resources: the protection of the habitat of trout and salmon: the effects of climate change: Page 16 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

21 Thomson Survey Limited Subdivision Proposal Jan-19 (j) the benefits to be derived from the use and development of renewable energy. Regard has been had to any relevant parts of Section 7 of the RMA, Other Matters. Maintenance of amenity values, and quality of the environment have been considered and the proposed subdivision design has had regard to these aspects. The subdivision is low density and it is considered that the subdivision does not create any additional impact on natural and physical resources. 8 Treaty of Waitangi In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi). The principles of the Treaty of Waitangi have been considered and it is believed that this proposed subdivision does not offend any of those principles. In summary, it is considered that all matters under s5-8 inclusive have been adequately taken into account. 7.3 National Policy Statements There are no national policy statements relevant to this proposal. 7.4 National Environmental Standards The application site is not identified on the NRC s Selected Landuse on line map as being a contaminated site. To my knowledge there has never been a HAIL activity undertaken on the site. I do not consider that the National Environmental Standard for Assessing and Managing Contaminants in Soil applies. There are no other relevant National Environmental Standard. 7.5 Regional Policy Statement for Northland In preparing this application, the Regional Policy Statement for Northland has been considered, in particular those Objectives and Policies relevant to rural subdivision. The site is devoid of any resources or features notated as significant vegetation or habitat; outstanding landscape or natural value; heritage value or cultural values. There are no natural hazards affecting vacant additional lots. As such, the only aspects of the Regional Policy Statement for Northland considered relevant are those addressed below. 3.5 Enabling economic wellbeing Northland s natural and physical resources are sustainably managed in a way that is attractive for business and investment that will improve the economic wellbeing of Northland and its communities. The proposed subdivision is considered to promote sustainable management. 3.6 Economic activities reverse sensitivity and sterilisation Page 17 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

22 Thomson Survey Limited Subdivision Proposal Jan-19 The viability of land and activities important for Northland s economy is protected from the negative impacts of new subdivision, use and development, with particular emphasis on either: (a) Reverse sensitivity for existing: (i) Primary production activities;... This objective recognises there are activities and land that should be protected from the negative impacts of subdivision, use and development because of their importance to Northland s economy. In regard to this subdivision, it is considered that the subdivision of a property to create rural lifestyle / farmlet lots, and a larger production use balance, does not negatively impact on the economy. When considering the layout and physical characteristics of the site, and acknowledging the existing land uses in the vicinity, I am of the view that the risk of reverse sensitivity issues arising is slight. The proposal is not considered to be contrary to Objective 3.6. Relevant policies include: Policy Planned and coordinated development. Subdivision, use and development should be located, designed and built in a planned and coordinated manner which:... (c) Recognises and addresses potential cumulative effects of subdivision, use, and development, and is based on sufficient information to allow assessment of the potential long-term effects;... (e) Should not result in incompatible land uses in close proximity and avoids the potential for reverse sensitivity; (f) Ensures that plan changes and subdivision to / in a primary production zone, do not materially reduce the potential for soil-based primary production on land with highly versatile soils, or if they do, the net public benefit exceeds the reduced potential for soil-based primary production activities; and... The application site, in this instance, has a limited area of class III soil, with the majority of the site being class IV soils. As such, a portion of the already developed Lot 2 would fall within the NRC s definition of highly versatile soils. This lot could be created via a restricted discretionary subdivision application and as such is an anticipated lot size in the zone. The existing grazing use of the land can continue. The 6ha lot is located on soil not regarded as highly versatile. The larger balance will remain in productive use in any event and is not significantly impacted by the proposed subdivision. Page 18 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

23 Thomson Survey Limited Subdivision Proposal Jan Policy Avoiding the adverse effects of new use(s) and development Avoid the adverse effects, including reverse sensitivity effects of new subdivision, use and development, particularly residential development on the following: (a) Primary production activities in primary production zones (including within the coastal marine area);... The proposed subdivision is a discretionary activity and as such is a type of development in the Rural Production environment envisaged by the FNDC s District Plan. The proposal does not prevent the continued use of any of the land for grazing or forestry purposes. In summary I am of the belief that the proposed subdivision is consistent with the intent of the RPS objectives and policies. 7.6 Regional Water & Soil Plan and Proposed Regional Plan The property is not erosion prone. The subdivision itself does not result in any need for a discharge consent or land use consent for land use disturbance. As such, it is considered that neither the Regional Water and Soil Plan, nor the Proposed Regional Plan, are relevant in this instance. 8.0 CONSULTATION/ AFFECTED PERSONS The applicants have consulted with all adjacent landowners, as follows: Lots 1 & 2 DP (Rudolph); Lot 3 DP (Farland); Lot 1 DP (Livermore); Lot 2 DP (Baker; and Lot 2 DP (Fulton & Wooton). Written Approvals have been received from the parties listed below, Refer to Appendix 8. Lot 3 DP (Farland) Lot 2 DP (Baker) Lot 2 DP (Fulton & Wooton) Lots 1 & 2 DP (Rudolph) These approvals include all those properties that share boundaries with proposed new lots. In addition they share the use of existing appurtenant ROW that will provide access to Lot 1 on the scheme plan. Lot 1 DP (Livermore) does not share that ROW as it does not need it, but does own a ¼ share of the Lot 2 DP to which CP117 provides access. However, the dwelling on this lot is established at the high point and as far as it can possibly be, from the shared ROW. Given that the application site has an existing right to use CP117, and no further /additional use of CP117 occurs as a result of this subdivision, and given that Lot 1 DP does not utilise the internal ROW and the house is some distance from the ROW, I am of the view that the property is not adversely affected in terms of traffic. Further, as it is not immediately adjoining, I do not believe that the property is adversely affected at all in terms of the visual and amenity effects that may arise from a dwelling being constructed on Lot 1 Page 19 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

24 Thomson Survey Limited Subdivision Proposal Jan-19 (bearing in mind that one can be constructed on the existing title at this location in any event). Consultation has also been carried out with NZTA in regard to the use of existing crossing places. The result of this consultation (approval) is attached in Appendix 6. Additionally, although a rural subdivision with no requirement for power or telephone connections, both Top Energy and Chorus were contacted to ascertain if there were any requirements or issues with connections. The results of this consultation are contained in Appendix 7 (services are available). 9.0 CONCLUSION The site is considered suitable for the proposed subdivision, and effects on the wider environment are no more than minor. The proposal is consistent with the relevant objectives and policies of the District Plan and the Regional Policy Statement as well as Part 2 of the Resource Management Act. As a discretionary activity subdivision, public notification is precluded. No special circumstances have been identified that would suggest notification is required. Written Approvals have been obtained from adjacent landowners whom I consider could have been potentially affected, albeit only to a minor degree, and from NZTA. No affected persons are identified. It is requested that the Council consider and grant this application under delegated authority. Signed Dated. 17 th January 2019 Lynley Newport, Senior Planner Thomson Survey Ltd Page 20 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

25 Thomson Survey Limited Subdivision Proposal Jan LIST OF APPENDICES APPENDIX 1 APPENDIX 2 APPENDIX 3 SCHEME PLAN(S) RECORD OF TITLE LOCATION MAP APPENDIX 4 EASEMENT INSTRUMENT APPENDIX 5 EASEMENT INSTRUMENT APPENDIX 6 APPENDIX 7 APPENDIX 8 NZTA CONSULTATION CONSULTATION WITH TOP ENERGY & CHORUS WRITTEN APPROVALS Page 21 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

26 Thomson Survey Limited Subdivision Proposal Jan-19 APPENDIX 1 SCHEME PLAN(S) Page 22 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

27 Thomson Survey Limited Subdivision Proposal Jan-19 APPENDIX 2 RECORD OF TITLE Page 23 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

28 Thomson Survey Limited Subdivision Proposal Jan-19 APPENDIX 3 LOCATION MAP Page 24 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

29 Thomson Survey Limited Subdivision Proposal Jan-19 APPENDIX 4 EASEMENT INSTRUMENT Page 25 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

30 Thomson Survey Limited Subdivision Proposal Jan-19 APPENDIX 5 EASEMENT INSTRUMENT Page 26 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

31 Thomson Survey Limited Subdivision Proposal Jan-19 APPENDIX 6 NZTA CONSULTATION Page 27 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

32 Thomson Survey Limited Subdivision Proposal Jan-19 APPENDIX 7 CONSULTATION WITH TOP ENERGY & CHORUS Page 28 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)

33 Thomson Survey Limited Subdivision Proposal Jan-19 APPENDIX 8 WRITTEN APPROVALS Page 29 Planning Report and Assessment of Environmental Effects Duncan Job # 9405 Puketona Road (SH11)