Whakatu Arterial Link Planning Assessment. June 2014

Transcription

1 Planning Assessment Pepaed Fo: Hastings Distict Council Pivate Bag 9002 Hastings June 2014 Pepaed By Envionmental Management Sevices Limited PO Box 149 NAPIER E N V I R O N M E N T A L M A N A G E M E N T S E R V I C E S Limited

2 Executive Summay This epot pesents a planning assessment of the ( WAL ) in elation to the elevant policy and planning documents pepaed unde the Resouce Management Act 1991 ( RMA ). CONSENTING APPROACH Appoval fo the WAL unde the RMA is sought as follows: A notice of equiement ( NOR ) will be lodged with Hastings Distict Council ( HDC ) fo the poposed oad coido; and Resouce consent applications will be lodged with the Hawke s Bay Regional Council ( HBRC ) fo all othe aspects of the WAL that ae not pemitted activities. CONSENTS REQUIRED Applications fo a total of five esouce consents will be lodged with HBRC. If the bundling appoach is applied to the activities fo which consents ae sought, the oveall status of the esouce consent applications would be Discetionay. ANALYSIS OF POLICY AND PLANNING DOCUMENTS A planning analysis of the WAL has been undetaken in elation to the elevant policy and planning documents pepaed unde the RMA (i.e. statutoy instuments) that need to be consideed as pat of the assessment of the NOR and the esouce consent applications. The WAL has been assessed in elation to the following elevant statutoy instuments: National Policy Statements National Policy Statement fo Feshwate Management ( NPS Feshwate Management ) National Envionmental Standads / Regulations National Envionmental Standads fo Ai Quality ( NES Ai Quality ) Resouce Management (National Envionmental Standad fo Assessing and Managing Contaminants in Soil to Potect Human Health) Regulations 2011 ( NES Soils ) The National Envionmental Standad fo Souces of Human Dinking Wate ( NES Dinking Wate ) Regional Policy and Planning Documents Hawke s Bay Regional Resouce Management Plan ( RRMP ) including: - Change 4 Managing the Built Envionment ( PC4 ) - Poposed Change 5 Land use and Feshwate Management ( PC5 ) Distict Plans Opeative Hastings Distict Plan ( HDP ) Poposed Hastings Distict Plan ( PHDP ) The following povides a bief summay and the key conclusions pesented in the Planning Assessment in elation to the statutoy instuments listed above. National Policy Statements The NPS Feshwate Management is the only National Policy Statement potentially elevant to the WAL. The WAL has some inteaction with the Kaamu Steam in tems of stomwate dischages and the ENVIRONMENTAL MANAGEMENT SERVICES ii

3 poposed bidge cossing. Vaious policies in the RRMP give effect to the NPS Feshwate Management and the WAL has been assessed as being consistent with these. National Envionmental Standads / Regulations The NES Ai Quality is elevant to the WAL with espect to the incidence of dust effects caused duing the constuction phase. Dust is also a key effect equiing management in ode to avoid effects on ochading and pack house opeations adjacent to the WAL. Dust will be managed unde the Constuction Envionmental Management Plan such that NES Ai Quality and RRMP equiements ae met. Soil testing has been caied out along the oute of the WAL to detemine the incidence, and extent, of any contaminants managed unde the NES Soils. This testing has confimed that contaminants of concen ae below even the stictest land use scenaio levels specified by the NES Soils, and esouce consent unde the NES Soils is theefoe not equied. Conditions have been poposed to equie futhe testing which will identify any cuently unfoeseen effects that equie consent and/o mitigation at a late stage. The esouce consent applications sought fom HBRC include dischage consents and the povisions of the NES Dinking Wate theefoe apply. It is consideed that the ganting of the dischage consents sought would be consistent with the equiements of the NES Dinking Wate. Regional Policy and Planning Documents The RMA status of the activities fo which consent is equied fo the WAL is detemined with efeence to Regional Rules of the RRMP. These ae: Discetionay Activity esouce consent is equied fo: o Dischage of solid contaminants to land (clean fill) associated with the constuction of the WAL whee clean fill is deposited within 20 metes of the Kaamu Steam; o Dischage of stomwate to the sediment etention ponds duing constuction activities; o The constuction of the Kaamu Steam bidge; o The constuction and maintenance of stomwate outfall stuctues in the Kaamu Steam; and o Steam widening woks undetaken on behalf of HBRC. Resticted Discetionay Activity esouce consent is equied fo: o All soil distubance (eathwoks) o vegetation cleaance within 5 metes of the Kaamu Steam. All othe aspects of the WAL ae pemitted activities unde the RRMP. The RRMP is a combined egional policy statement ( RPS ) and a egional plan. The WAL has been assessed against the elevant objectives and policies in the RPS pat of the RRMP (Chapte 3) and Regional Plan pat of the RRMP (Chapte 5). It has been detemined that the WAL is geneally consistent with the elevant objectives and policies of the RRMP. RRMP Change 4 Managing the Built Envionment ( PC4 ) was made opeative on 1 Januay, The WAL is entiely consistent with, and suppoted by, the objectives, polices and outcomes sought by PC4. RRMP Poposed Plan Change 5 Land Use and Feshwate Management was notified on 2 Octobe, 2012 with decisions on submissions issued 5 June, appeals wee lodged with the Envionment Cout. While appeals ae unesolved and the povisions ae not yet opeative, Poposed Plan Change 5 ENVIRONMENTAL MANAGEMENT SERVICES iii

4 is a elevant consideation. In geneal, given the low impact stomwate and unoff management pactices being adopted fo the WAL, it is consideed that the WAL is not inconsistent with PC5 as notified and amended by decisions. Distict Plans The poposed WAL has been assessed against the elevant objectives and policies of both the Hastings Distict Plan and the Poposed Hastings Distict Plan. While the WAL is not consistent with all elevant objectives and policies (specifically those that elate to the Plains / Plains Poduction Zone), oveall it has been detemined that the WAL is geneally consistent with the objectives and policies. PART 2 OF THE RMA The pomotion of sustainable management equies an oveall boad judgement of whethe a poposal will meet the equiements of section 5(2) of the RMA. The WAL will enable people and communities to povide fo thei social, economic, and cultual wellbeing and fo thei health and safety by the povision of impoved (in tems of efficiency and safety) tanspot links between Napie (including the Pot of Napie and the Napie / Hastings Aipot) and the Whakatu industial aea and suounding esidential aeas, including Havelock Noth. Actual and/o potential advese effects on the envionment will be avoided, emedied o mitigated though a consideed oad alignment and design pocess and by the imposition of appopiate conditions of consent. In conclusion, it is consideed that the WAL is consistent with the pupose and pinciples of the RMA. ENVIRONMENTAL MANAGEMENT SERVICES iv

5 Table of Contents EXECUTIVE SUMMARY 1 INTRODUCTION PURPOSE OF THIS REPORT REPORT STRUCTURE PROPOSED WHAKATU ARTERIAL LINK CONSENTING APPROACH TERM OF CONSENT AND LAPSE PERIODS APPLICATIONS TO BE MADE AT A LATER DATE REGIONAL CONSENT - REINSTATEMENT OF INFRASTRUCTURE (IRRIGATION WELLS) REGIONAL CONSENT - CHANGE IN IRRIGABLE AREA DISTRICT CONSENT RELOCATED BUILDING DISTRICT CONSENT NES SOILS OTHER MATTERS TO BE ADDRESSED AT A LATER DATE RMA PLANNING AND REGULATORY ENVIRONMENT HASTINGS DISTRICT COUNCIL RESOURCE CONSENTS REQUIRED FROM HASTINGS DISTRICT COUNCIL HAWKE S BAY REGIONAL COUNCIL REGIONAL RESOURCE MANAGEMENT PLAN RESOURCE CONSENTS REQUIRED FROM HAWKE S BAY REGIONAL COUNCIL STATUTORY CONSIDERATIONS NOTICE OF REQUIREMENT RESOURCE CONSENT APPLICATIONS POLICY AND PLANNING DOCUMENTS NATIONAL POLICY STATEMENTS NATIONAL POLICY STATEMENT FOR FRESHWATER MANAGEMENT NATIONAL ENVIRONMENTAL STANDARDS NATIONAL ENVIRONMENTAL STANDARDS FOR AIR QUALITY NATIONAL ENVIRONMENTAL STANDARD FOR ASSESSING AND MANAGING CONTAMINANTS IN SOIL TO PROTECT HUMAN HEALTH REGULATIONS NATIONAL ENVIRONMENTAL STANDARD FOR SOURCES OF HUMAN DRINKING WATER HAWKE S BAY REGIONAL RESOURCE MANAGEMENT PLAN REGIONAL POLICY STATEMENT OBJECTIVES AND POLICIES REGIONAL PLAN OBJECTIVES AND POLICIES CHANGE 4 MANAGING THE BUILT ENVIRONMENT PROPOSED CHANGE 5 - LAND USE AND FRESHWATER MANAGEMENT HASTINGS DISTRICT PLAN TRANSPORTATION PLAINS ZONE INDUSTRIAL ZONE NATURAL HAZARDS RESOURCE MANAGEMENT UNIT NETWORK UTILITIES DISTRICT WIDE ACTIVITY EARTHWORKS DISTRICT WIDE ACTIVITY COMMUNITY FACILITIES, RECREATION AND MARAE DISTRICT WIDE ACTIVITY RIPARIAN LAND MANAGEMENT AND PUBLIC ACCESS DISTRICT WIDE ACTIVITY NOISE PROPOSED HASTINGS DISTRICT PLAN TRANSPORTATION STRATEGY (SECTION 2.5) TANGATA WHENUA AND MANA WHENUA (SECTION 3.1) PLAINS STRATEGIC MANAGEMENT AREA (SECTION 6.1) AND PLAINS PRODUCTION ZONE (SECTION 6.2) OPEN SPACE ENVIRONMENTS (SECTION 13.1) ENVIRONMENTAL MANAGEMENT SERVICES v

6 6.5.5 INDUSTRIAL (SECTION 14.1) NATURAL HAZARDS (SECTION 15.1) RIPARIAN LAND MANAGEMENT AND PUBLIC ACCESS DISTRICT WIDE ACTIVITY (SECTION 19.1) NETWORK UTILITIES DISTRICT WIDE ACTIVITY (SECTION 22.1) NOISE (SECTION 25.1) EARTHWORKS, MINERAL, AGGREGATE AND HYDROCARBON EXTRACTION (SECTION 27.1) OTHER POTENTIALLY RELEVANT PLANS AND STRATEGIES HERETAUNGA PLAINS URBAN DEVELOPMENT STRATEGY HERETAUNGA PLAINS TRANSPORTATION STUDY HAWKE S BAY REGIONAL LAND TRANSPORT STRATEGY AND REGIONAL LAND TRANSPORT PROGRAMME WHAKATU COMMUNITY PLAN OPERATION PATIKI HBRC WATERWAY DESIGN GUIDELINES TE KARAMU CATCHMENT REVIEW AND OPTIONS FOR ENHANCEMENT OTHER TESTS RELEVANT TO NOTICE OF REQUIREMENT PART 2 OF THE RMA PURPOSE OF THE RMA MATTERS OF NATIONAL IMPORTANCE OTHER MATTERS TREATY OF WAITANGI CONCLUSION APPENDIX A PLAN SET - WHAKATU ARTERIAL LINK B S.177(1)(A) APPROVALS C HASTINGS DISTRICT PLAN MAPS D PROPOSED HASTINGS DISTRICT PLAN MAPS REPORT INFORMATION Envionmental Management Sevices Limited This document and its contents is the popety of Envionmental Management Sevices Limited. Any unauthoised employment o epoduction, in full o in pat, is fobidden. Status of Repot Ou Ref SDB018 Signatues Autho(s) Simon Bendall Reviewe(s) Janeen Kydd-Smith ENVIRONMENTAL MANAGEMENT SERVICES vi

7 1 INTRODUCTION 1.1 PURPOSE OF THIS REPORT HDC is seeking appoval fo the WAL unde the RMA. The pupose of this epot is to undetake a planning assessment to identify the vaious esouce consents equied fo the WAL unde the elevant distict, egional and national planning documents. A poposed appoach is outlined in tems of the manne in which appoval unde the RMA is to be sought, this being a combination of a NOR fo a designation and esouce consents. The epot also povides a planning analysis of the WAL in elation to the elevant policy and planning documents pepaed unde the RMA and othe documents that need to be consideed as pat of the assessment of the NOR (s 168A) and esouce consent applications (s 104). 1.2 REPORT STRUCTURE The stuctue of this epot is as follows: Section 2 povides a bief desciption of the key elements of the WAL; Section 3 descibes the poposed appoach in tems of appovals sought fo the WAL unde the RMA. Section 4 discusses the ules in the elevant plans pepaed unde the RMA and identifies the RMA status of the activities associated with the WAL, including the need fo esouce consent applications. Section 5 sets out the mattes specified in the RMA that a consent authoity must have egad to when consideing applications fo NORs and esouce consents. Section 6 povides a planning analysis of the WAL in elation to the elevant policy and planning documents pepaed unde the RMA that need to be consideed as pat of the assessment of the NOR and esouce consent applications. Section 7 pesents an analysis of the WAL in elation to Pat 2 of the RMA. Section 8 pesents an oveall conclusion. ENVIRONMENTAL MANAGEMENT SERVICES 1

8 2 PROPOSED WHAKATU ARTERIAL LINK A compehensive desciption of the WAL is set out in the Poject Desciption pepaed by GHD Ltd (GHD 2014a). This Planning Assessment should be ead in conjunction with the Poject Desciption. The key elements of the WAL ae summaised as follows: The WAL extends in a geneal southeast diection fom Pakowhai Road nea Rangitane Road (aleady closed) though to State Highway 2 nea the cuent intesection with Napie Road; The coido of land is appoximately 3,500 metes long, a maximum of 80 metes wide and an aveage of appoximately 36 metes wide; The alignment cosses the Kaamu Steam via a poposed new bidge appoximately 450 metes east of Pakowhai Road; Thee new oundabouts ae poposed whee the WAL will intesect with Pakowhai Road, Whakatu Road and State Highway 2; and A new level cossing on the Palmeston Noth Gisbone Rail Line is equied. An Oveview Plan of the WAL showing the location of the oute and majo intesections with existing oads is pesented in Appendix A of this epot. ENVIRONMENTAL MANAGEMENT SERVICES 2

9 3 CONSENTING APPROACH Appoval fo the WAL unde the RMA is to be sought as follows: A NOR will be lodged with HDC fo the poposed oad coido; and Resouce consent applications will be lodged with HBRC fo all othe aspects of the WAL that ae not pemitted activities. To the extent that the NOR elates to land aleady designated fo SH2, the New Zealand Tanspot Agency has povided its witten appoval unde section 177(1)(a) of the RMA. This appoval is attached as Appendix B. To the extent that the NOR elates to land aleady designated fo ailway puposes, KiwiRail has povided an indication that consent unde s 177(1)(a) RMA will be given, subject to cetain steps and conditions being met. KiwiRail s lette to this effect is povided in Appendix B. witten appoval unde section 177(1)(a) of the RMA is to be obtained pio to constuction commencing. 3.1 TERM OF CONSENT AND LAPSE PERIODS In accodance with nomal pactice, no tem of consent is poposed fo the NOR o land use consents being sought as pat of the WAL. Given the natue of the poposal, its stategic impotance to the egion and the scale of investment, a tem of 35 yeas is sought in elation to all othe esouce consents being sought. A lapse peiod of 10 yeas is sought in elation to the NOR and esouce consents, on the basis that: The Poject Desciption (GHD 2014a) specifies a constuction peiod fo the WAL of appoximately 18 months; Thee will be a lead-in peiod pio to constuction commencing associated with completing land owne negotiations and ageements, contact management and the finalisation of the vaious management plans equied by the poposed conditions (HDC 2014d); It is appopiate to povide fo an allowance fo delays at any stage of the land acquisition and constuction phase; and Fo simila easons, a 10 yea lapse peiod (o longe) is typically applied to othe lage scale infastuctue pojects of a simila natue to the WAL. 3.2 APPLICATIONS TO BE MADE AT A LATER DATE The following outlines additional esouce consent application pocesses that will (o may) be initiated should RMA appovals fo the WAL be obtained. These applications ae being sought at a late date because the infomation equied to infom the application pocesses will not be available until late in the WAL development pocess REGIONAL CONSENT - REINSTATEMENT OF INFRASTRUCTURE (IRRIGATION WELLS) As outlined in the Poductive Land Use Assessment (AgFist 2014), two existing iigation wells will be impacted by the WAL; one on land owned by Omahui Ochads Limited and anothe on land owned by ENVIRONMENTAL MANAGEMENT SERVICES 3

10 Lucknow Holdings Ltd. These wells will need to be einstated, in consultation with landownes, pio to constuction commencing. Unde the RRMP, this pocess equies Contolled Activity esouce consent fo the dilling of new wells (Rule 1), and the tansfe of existing wate pemits (Rule 62). As a Contolled Activity, esouce consent must be ganted and conditions may be imposed. The decommissioning of the old wells can be caied out as a Pemitted Activity, subject to meeting the conditions / standads / tems of Rule 4. Additional landowne consultation is equied to confim, among othe mattes, the pefeed location of the new wells. HDC will lodge sepaate esouce consent applications fo the einstatement of the affected iigation wells at a late stage (pe-constuction), at such time as this infomation is available REGIONAL CONSENT - CHANGE IN IRRIGABLE AREA As outlined in the AgFist epot, some hoticultual / agicultual popeties will expeience eductions in poductive capability as a esult of the WAL. Whee existing wate take consents fo iigation puposes ae held, and whee the WAL causes a change in the total iigable aea identified in those consents, a RMA s.127 application is equied to change the conditions of these existing consents. Section 127 applications ae teated as an application fo esouce consent fo a Discetionay Activity. Given that iigable aeas will decease (i.e. thee will be no incease in the volume o ate of wate take sought), this pocess is expected to be lagely administative. Any equied s.127 applications will be lodged with HBRC following final suvey of the completed oad to allow accuate calculation of final iigable aeas DISTRICT CONSENT RELOCATED BUILDING The WAL will displace an existing ental cottage located nea the Napie Road / State Highway 2 intesection on the Wedd Popety (identified as Popety 5 on the Land Requiement Plans povided as Schedule One to the NOR application, HDC 2014a). Popeties 3, 4 and 5, as shown on the Land Requiement Plans, ae all owned by the same landowne and ae all identified as being within the Plains Zone unde the Opeative Hastings Distict Plan. While landowne negotiations ae continuing, though ealy consultation a pefeence has been indicated fo the cottage to be e-located to Popety 4. Thee is an existing dwelling on Popety 4 and the Opeative (and Poposed) Distict Plan would theefoe equie a esouce consent to elocate the cottage as a supplementay dwelling. An altenative appoach would be to seek a mino bounday adjustment to allow the cottage to locate on Popety 3. A final appoach will be ageed with the landowne and any equisite esouce consents sought pio to constuction commencing DISTRICT CONSENT NES SOILS As futhe explained in Section of this epot, the Contaminated Land Assessment (EAM 2014b) has confimed that in geneal, soils being distubed by the WAL ae fully compliant with NES Soils equiements. Howeve, thee ae two potential hotspot aeas associated with existing spay / well sheds whee futhe testing has been ecommended. Given the invasive natue of the testing equied, which involves testing the soil aound and undeneath existing concete pads, it is poposed to ENVIRONMENTAL MANAGEMENT SERVICES 4

11 undetake this sampling at a late stage (pio to constuction commencing). This would be undetaken in consultation with affected landownes. Futhe, as a pecautionay appoach, the EAM epot has ecommended sampling of any soil leaving the constuction site, to povide ongoing monitoing of compliance with NES Soils equiements. Both additional sampling equiements ae eflected in the Poposed Conditions fo the WAL (HDC 2014d). If any sampling esults in non-compliance with any NES Soils standad, esouce consent unde the NES Soils will be sought fom HDC. The EAM epot notes that if contaminant levels ae elevated, this can be eadily emediated though mixing the contaminated soil with the lage quantities of clean soil that will be available on site duing constuction. 3.3 OTHER MATTERS TO BE ADDRESSED AT A LATER DATE In addition to the need fo additional esouce consents that will be applied fo at a late date (discussed above), thee ae a numbe of othe mattes and/o legal pocesses than will, o may, need to be addessed at a late date including: An application to Heitage New Zealand Pouhee Taonga (fomally the New Zealand Histoic Places Tust) fo a geneal authoity unde the Heitage New Zealand Pouhee Taonga Act 2014 to be able to modify any achaeological site(s) that may be discoveed duing constuction activities; The closue of Ruahapia Road at the ailway level cossing unde the Local Govenment Act 1974; The closue of Ruahapia Road at the intesection with Pakowhai Road unde the Public Woks Act 1981; and The ealignment (and associated stopping pocesses as equied) of Pilche Road and Whakatu Road unde the Public Woks Act These mattes ae not addessed futhe in this epot. ENVIRONMENTAL MANAGEMENT SERVICES 5

12 4 RMA PLANNING AND REGULATORY ENVIRONMENT The following identifies the elevant juisdictions, plans and ules unde the RMA and identifies the status of the activities associated with the WAL, including the need fo esouce consent applications. 4.1 HASTINGS DISTRICT COUNCIL The WAL is located entiely within the Hastings Distict. Unde the RMA, HDC has juisdiction fo the contol of land uses. The RMA status of land uses associated with the WAL is detemined by efeence to the HDP that was made opeative on 10 June, The PHDP was publicly notified on 9 Novembe Futhe submissions closed on Fiday, 9 May, Some povisions of the PHDP took legal effect immediately upon notification unde s 86B(3) of the RMA; howeve the majoity of povisions will not have legal effect until notification of decisions on submissions. It is noted that no ules became opeative unde s 86F RMA. In its capacity as a equiing authoity, HDC will lodge a NOR fo a designation in accodance with s. 168A of the RMA. If appoved, the designation will authoise the woks necessay to constuct, opeate and maintain the WAL within the designated aea without the need fo land use consents. As such, the povisions of s. 9(3) of the RMA would not apply. On that basis, an analysis of the land use esouce consents equied fo the WAL unde the povisions of the HDP o PHDP is not equied. An assessment of the elevant objectives and policies of the HDP and PHDP is povided in late sections of this epot RESOURCE CONSENTS REQUIRED FROM HASTINGS DISTRICT COUNCIL No land use consents ae equied. o o On the basis that a NOR is being lodged unde s. 168A, no land use esouce consents unde the Hastings Distict Plan o the Poposed Hastings Distict Plan ae equied fom HDC. Additional HDC esouce consent application pocesses (outlined in Section 3.2 above) will be initiated at a late stage should RMA appovals fo the WAL be obtained. 4.2 HAWKE S BAY REGIONAL COUNCIL The activities associated with the WAL ae located entiely within the Hawke s Bay Region. Unde the RMA, HBRC has juisdiction fo the management of the dischage of wate and contaminants to wate, land and ai within the Hawke s Bay Region. HBRC also contols land uses, such as land distubance, the cleaance of vegetation, the eection of stuctues in, on, unde o ove the beds of ives and the distubance of ive beds. The RMA status of the activities associated with the WAL is detemined by efeence to the RRMP made opeative in August ENVIRONMENTAL MANAGEMENT SERVICES 6

13 4.2.1 REGIONAL RESOURCE MANAGEMENT PLAN The status of the poposed activities unde the RRMP is summaised in Table 1 below. Table 1: RMA Activity Status of Activities unde the RRMP Activity Vegetation cleaance and soil distubance associated with eathwoks to constuct the bidge, stomwate dischage stuctues and widening of the Kaamu Steam whee: - Vegetation cleaance is within 5 metes of a pemanently flowing ive, o any othe ive with a bed width in excess of 2 metes. Divesion and dischage of stomwate to the Kaamu Steam. Dischage of solid contaminants to land, including clean fill, that will not ente wate, associated with the constuction, opeation and maintenance of the WAL, including the bidge, whee: - Dischages ae within 20 m of a suface wate body (Kaamu Steam). Dischages to land that may ente wate associated with use of the sediment etention ponds duing constuction whee: - Suface ponding will occu in the aea of dischage Use of the WAL Kaamu Bidge following constuction. Maintenance of the WAL Kaamu Bidge following constuction, including associated distubance, dischages of sediment and divesions. Constuction of the WAL Kaamu Bidge ove the bed of a ive and the constuction of six stomwate outfall stuctues whee the catchment size is geate than 150 ha, o the stuctue occupies an aea exceeding 10 m 2. Activities affecting ive contol and dainage schemes, including the constuction of the WAL Kaamu Bidge and associated eathwoks, stomwate dischage stuctues and widening of the Kaamu Steam. Relevant Regional Plan Rule(s) Rule 8 Rule 42 Rule 52 Rule 52 Rule 63 Rule 64 Rule 69 Rule 71 Activity Status Resticted Discetionay Pemitted Discetionay Discetionay Pemitted Pemitted Discetionay Discetionay ENVIRONMENTAL MANAGEMENT SERVICES 7

14 Potable wate fo domestic use by the constuction wokfoce will be tanspoted to the constuction sites. Pot-a-loos will be used wheeby sewage will be tanspoted off-site and disposed of in a lawful manne by a contacto RESOURCE CONSENTS REQUIRED FROM HAWKE S BAY REGIONAL COUNCIL Discetionay Activity esouce consent is equied fo: o o o o o Dischage of solid contaminants to land (clean fill) associated with the constuction of the WAL whee clean fill is deposited within 20 metes of the Kaamu Steam; Dischage of stomwate to the sediment etention ponds duing constuction activities; The constuction of the Kaamu Steam bidge; The constuction and maintenance of stomwate outfall stuctues in the Kaamu Steam; and Steam widening woks undetaken on behalf of HBRC. Resticted Discetionay Activity esouce consent is equied fo: o All soil distubance (eathwoks) o vegetation cleaance within 5 metes of the Kaamu Steam. All othe aspects of the WAL ae Pemitted Activities unde the ules of the RRMP. Additional HBRC esouce consent application pocesses fo activities being caied out subsequent to the constuction of the WAL ae outlined in Section 3.2 above. If the bundling appoach is applied to the activities within the HBRC s juisdiction, the oveall status of the esouce consent applications would be Discetionay. ENVIRONMENTAL MANAGEMENT SERVICES 8

15 5 STATUTORY CONSIDERATIONS The following sets out the mattes specified in the RMA that a consent authoity must have egad to when consideing applications fo NOR and esouce consents. 5.1 NOTICE OF REQUIREMENT Section 168A of the RMA applies as HDC is issuing a NOR fo a designation fo a public wok within the Hastings Distict fo which HDC has financial esponsibility. Section 168A (1A), (2A), (3) and (4) specify the elevant statutoy consideations, as follows: 168A Notice of Requiement by a Teitoial Authoity (1A) (2A) The teitoial authoity must decide whethe to notify the notice of equiement unde sections 95A to 95G (but without the time limit specified by section 95), which apply with all necessay modifications and as if (a) a efeence to a esouce consent wee a efeence to the equiement; and (b) a efeence to an applicant o a consent authoity wee a efeence to the teitoial authoity; and (c) a efeence to an application fo a esouce consent wee a efeence to the notice of equiement; and (d) a efeence to an activity wee a efeence to the designation. When consideing a equiement and any submissions eceived, a teitoial authoity must not have egad to tade competition o the effects of tade competition. (3) When consideing a equiement and any submissions eceived, a teitoial authoity must, subject to Pat 2, conside the effects on the envionment of allowing the equiement, having paticula egad to (a) any elevant povisions of (i) a national policy statement: (ii) a New Zealand coastal policy statement: (iii) a egional policy statement o poposed egional policy statement: (iv) a plan o poposed plan; and (b) whethe adequate consideation has been given to altenative sites, outes, o methods of undetaking the wok if (i) the equiing authoity does not have an inteest in the land sufficient fo undetaking the wok; o (ii) it is likely that the wok will have a significant advese effect on the envionment; and (c) whethe the wok and designation ae easonably necessay fo achieving the objectives of the equiing authoity fo which the designation is sought; and (d) any othe matte the teitoial authoity consides easonably necessay in ode to make a decision on the equiement. (4) The teitoial authoity may decide to (a) confim the equiement: (b) modify the equiement: (c) impose conditions: (d) withdaw the equiement. In tems of section 168A(3), a compehensive Assessment of Envionmental Effects has been submitted with the NOR fo the WAL (HDC 2014c). ENVIRONMENTAL MANAGEMENT SERVICES 9

16 The policy and planning documents listed in section 168A(3)(a) ae discussed in the next section of this epot. The mattes in section 168A(3)(b) ae addessed in the Altenatives Assessment (EMS 2014b). The mattes in section 168A(3)(c) ae consideed below in Section 7. Thee ae a numbe of additional mattes that ae elevant unde section 168A(3)(d), including the Heetaunga Plains Tanspotation Stategy and the Hawke s Bay Regional Tanspot Stategy. These ae discussed below. 5.2 RESOURCE CONSENT APPLICATIONS Section 104 of the RMA specifies the mattes that a consent authoity must have egad to when consideing applications fo esouce consents, as follows: 104 Consideation of applications (1) When consideing an application fo a esouce consent and any submissions eceived, the consent authoity must, subject to Pat 2, have egad to (a) any actual and potential effects on the envionment of allowing the activity; and (b) any elevant povisions of (i) a national envionmental standad: (ii) othe egulations: (iii) a national policy statement: (iv) a New Zealand coastal policy statement: (v) a egional policy statement o poposed egional policy statement: (vi) a plan o poposed plan; and (c) any othe matte the consent authoity consides elevant and easonably necessay to detemine the application. In tems of section 104(1)(a), a compehensive Assessment of Envionmental Effects has been submitted with the NOR fo the WAL (HDC 2014c). The policy and planning documents listed in section 104(1)(b) ae discussed in the next section of this epot. As fo the NOR, thee ae a numbe of additional mattes, such as the Heetaunga Plains Tanspotation Study ( HPTS ) and the Regional Land Tanspot Stategy ( RLTS ) which ae elevant unde section 104(1)(c). As a Discetionay Activity (being the most estictive of the RMA classifications elating to the poposed activities assessed in the pevious section), section 104B of the RMA states that, afte consideing an application fo a esouce consent fo a Discetionay Activity unde section 104, a consent authoity: (a) may gant o efuse the application; and (b) if it gants the application, may impose conditions unde section 108. In suppot of its applications fo a NOR and esouce consents, HDC has poposed a ange of conditions and these ae povided in the Poposed Conditions (HDC 2014d). Sections 105 and 107 of the RMA set out some additional mattes that need to be consideed in elation to applications fo dischage pemits as follows: ENVIRONMENTAL MANAGEMENT SERVICES 10

17 105 Mattes elevant to cetain applications (1) If an application is fo a dischage pemit o coastal pemit to do something that would contavene section 15 o section 15B, the consent authoity must, in addition to the mattes in section 104(1), have egad to (a) the natue of the dischage and the sensitivity of the eceiving envionment to advese effects; and (b) (c) the applicant s easons fo the poposed choice; and any possible altenative methods of dischage, including dischage into any othe eceiving envionment. 107 Restiction on gant of cetain dischage pemits (1) Except as povided in subsection (2), a consent authoity shall not gant a dischage pemit o a coastal pemit to do something that would othewise contavene section 15 o section 15A allowing (a) (b) (ba) the dischage of a contaminant o wate into wate; o a dischage of a contaminant onto o into land in cicumstances which may esult in that contaminant (o any othe contaminant emanating as a esult of natual pocesses fom that contaminant) enteing wate; o the dumping in the coastal maine aea fom any ship, aicaft, o offshoe installation of any waste o othe matte that is a contaminant, if, afte easonable mixing, the contaminant o wate dischaged (eithe by itself o in combination with the same, simila, o othe contaminants o wate), is likely to give ise to all o any of the following effects in the eceiving wates: (c) the poduction of any conspicuous oil o gease films, scums o foams, o floatable o suspended mateials: (d) any conspicuous change in the colou o visual claity: (e) any emission of objectionable odou: (f) the endeing of fesh wate unsuitable fo consumption by fam animals: (g) any significant advese effects on aquatic life. (2) A consent authoity may gant a dischage pemit o a coastal pemit to do something that would othewise contavene section 15 o section 1 5A that may allow any of the effects descibed in subsection (1) if it is satisfied (a) that exceptional cicumstances justify the ganting of the pemit; o (b) that the dischage is of a tempoay natue; o (c) that the dischage is associated with necessay maintenance wok and that it is consistent with the pupose of this Act to do so. (3) In addition to any othe conditions imposed unde this Act, a dischage pemit o coastal pemit may include conditions equiing the holde of the pemit to undetake such woks in such stages thoughout the tem of the pemit as will ensue that upon the expiy of the pemit the holde can meet the equiements of subsection (1) and of any elevant egional ules. The poposed dischages associated with the WAL ae assessed in elation to sections 105 and 107 of the RMA in the Assessment of Envionmental Effects (HDC 2014c). In this egad, it is noted that the WAL does not tigge any of the estictions in section 107(1)(c)-(g) against the ganting of the elevant dischage pemits. ENVIRONMENTAL MANAGEMENT SERVICES 11

18 6 POLICY AND PLANNING DOCUMENTS The following povides a planning analysis of the WAL in elation to the elevant policy and planning documents pepaed unde the RMA that need to be consideed as pat of the assessment of the NOR and esouce consent applications in accodance with 168A(3)(a) and 104(1)(b) of the RMA espectively. Relevant policy and planning documents ae summaised in Table 2 below and assessed in the following sections. Table 2: Policy and Planning Documents Relevant to the Statutoy Instument Relevant Document(s) Status National Policy Statement National Policy Statement fo Feshwate Management In effect fom 1 July, 2011 National Standad Envionmental National Envionmental Standads fo Ai Quality In effect fom 8 Octobe, 2004 National Envionmental Standad fo Assessing and Managing Contaminants in Soil to Potect Human Health In effect fom 1 Januay, 2012 National Envionmental Standad fo Souces of Human Dinking Wate In effect fom 20 June, 2008 Regional Policy Statement Hawke s Bay Regional Resouce Management Plan Regional Plan Hawke s Bay Regional Resouce Management Plan Opeative 28 August, 2006 Opeative 28 August, 2006 Distict Plan Opeative Hastings Distict Plan Opeative 10 June, 2003 Poposed Hastings Distict Plan Notified 9 Novembe, Futhe submissions pocess closed 9 May, 2014 The following analysis is pesented in elation to the WAL as an integated poject (athe than a sepaate analysis in elation to the NOR and the esouce consent applications). The vaious documents ae discussed in the ode of thei position in hieachy of policy and planning documents unde the RMA. 6.1 NATIONAL POLICY STATEMENTS NATIONAL POLICY STATEMENT FOR FRESHWATER MANAGEMENT The National Policy Statement fo Feshwate Management ( NPS Feshwate Management ) is elevant to the WAL given inteactions between the poject and the Kaamu Steam. The NPS Feshwate Management was gazetted on 12 May, 2011 and took effect on 1 July, 2011 and is pat of a package of wate efoms known as the Fesh Stat fo Fesh Wate announced by the Govenment in May It is intended to help dive national consistency in local RMA planning and ENVIRONMENTAL MANAGEMENT SERVICES 12

19 decision-making fo feshwate management while allowing fo an appopiate level of egional flexibility in implementation. The majo thust of the NPS Feshwate Management is the setting of limits on both wate quality and quantity that eflect national and local values. Accodingly, it intoduces a numbe of objectives and accompanying policies elating to wate quality and wate quantity. Thee ae no new wate takes associated with the WAL, and all dischages elate to the divesion of stomwate. Theefoe the elevant objectives in the NPS Feshwate Management with espect to the WAL ae those elating to wate quality, as follows: Objective A1 To safeguad the life-suppoting capacity, ecosystem pocesses and indigenous species including thei ecosystems of fesh wate, in sustainably managing the use and development of land, and of dischages of contaminants. Objective A2 The oveall quality of feshwate within egions is maintained o impoved while: a) potecting the quality of outstanding feshwate bodies b) potecting the significant values of wetlands and c) impoving the quality of feshwate in wate bodies that have been degaded by human activities to the point of being ove-allocated. The NPS Feshwate Management also contains policies that povide diection on wate quality, wate quantity, integated management (i.e. ecognising the effects of land use changes on wate quality) and iwi / hapū inteests. The way in which the NPS Feshwate Management is to be implemented is though the povisions of egional plans. The NPS Feshwate Management must be fully implemented by 31 Decembe, Whee councils cannot implement the NPS Feshwate Management by the end of 2014 they must identify a pogamme of time-limited stages (to meet the 2030 date) against which they must epot annually on thei pogess. Any such pogamme must be fomally adopted by councils within 18 months of the gazettal of the NPS Feshwate Management and be publicly notified. HBRC have given effect to the NP Feshwate Management though vaious additions to the RRMP including, fo example, the geneal povisions of Policy 72A (in tems of suface wate quality) and Policy 80A (in tems of wate pemits). Moe specifically, Plan Change 6 to the RRMP was notified in 2013 and is intended to implement and give specific effect to the NPS Feshwate Management in the Tukituki catchment. The WAL is located outside this aea and is not subject to the povisions of Plan Change 6. The WAL has theefoe been assessed against the NP Feshwate Management in tems of the vaious elated policies in the RRMP. This assessment is povided in Section below. 6.2 NATIONAL ENVIRONMENTAL STANDARDS NATIONAL ENVIRONMENTAL STANDARDS FOR AIR QUALITY The National Envionmental Standads fo Ai Quality (NES Ai Quality) set a minimum level of health potection in tems of ai quality though 14 sepaate but intelinked standads. The 14 standads in the NES Ai Quality include: Standads banning activities that dischage significant quantities of dioxins and othe toxins into the ai; Standads fo ambient (outdoo) ai quality; ENVIRONMENTAL MANAGEMENT SERVICES 13

20 A design standad fo new wood bunes installed in uban aeas; and A equiement fo landfills ove 1 million tonnes of efuse to collect geenhouse gas emissions. Regional councils and unitay authoities ae esponsible fo managing ai quality unde the RMA. They ae equied to identify aeas whee ai quality is likely, o known, to exceed the standads. These aeas ae known as ai sheds. The WAL is located within the Hastings Aished: Aizone 2. The only standads potentially elevant to the WAL ae those elating to ambient outdoo ai quality, whee the geneation of dust duing constuction (soil distubance) activities has the potential to ceate standad exceedances. The Poposed Conditions (HDC 2014d) include a equiement fo the submission and cetification of a Dust Contol Management Plan ( DCMP ) pio to any constuction activities occuing. The poposed conditions include specific equiements that the DCMP must meet. This pocess will ensue that management pactices ae in place and monitoed to avoid advese ai quality effects fom standad exceedances. On this basis, the WAL is consideed to comply with the NES Ai Quality NATIONAL ENVIRONMENTAL STANDARD FOR ASSESSING AND MANAGING CONTAMINANTS IN SOIL TO PROTECT HUMAN HEALTH REGULATIONS 2011 The key featues of the NES Soils ae: National planning contols that diect the equiement fo consent o othewise fo activities on contaminated o potentially contaminated land; Mandating methods fo establishing applicable numeical standads fo contaminants in soil, including a national set of soil contaminant standads fo 12 pioity contaminants; and Mandating the use of best pactice guidelines fo investigating and epoting on contaminated o potentially contaminated land. The NES Soils achieves its policy objective though a mix of allowing (pemitting) and contolling (though esouce consents) cetain activities on land affected o potentially affected by soil contaminants. The NES Soils applies to poposals fo the activities of subdivision, land use change, eathwoks (soil distubance), soil sampling o emoving fuel stoage systems, afte 1 Januay, The NES Soils pevails ove any distict o egional ule that applies to assessing and managing contaminants in soil to potect human health (RMA s.43b(1)). Any distict ules can, theefoe, only have effect in so fa as they apply to contolling effects othe than assessing and managing contaminants in soil to potect human health. Unde egulation 5(7) of the NES Soils a piece of land is consideed to be actually o potentially contaminated if an activity o industy on the Hazadous Activities o Industies List (HAIL) is being, has been, o is moe likely than not to have been, undetaken on that land. The HAIL list includes the following: A. Chemical manufactue, application and bulk stoage (10) Pesistent pesticide bulk stoage o use including spot tufs, maket gadens, ochads, glass houses o spay sheds. ENVIRONMENTAL MANAGEMENT SERVICES 14

21 Given that the WAL passes though cuent ochad aeas, the land is consideed to be potentially contaminated fo the puposes of the NES Soils. The constuction of the WAL will esult in land use change and eath distubance activities, and the povisions of the NES Soils theefoe apply. EAM NZ Ltd have pepaed a detailed site investigation epot that outlines the esults of soil testing to detemine actual soil contaminants pesent on land impacted by the WAL (EAM 2014b). The epot confims that all sampling showed levels of contaminants well below NES Soils equiements and ae compliant with even the stictest land use scenaio levels specified by the NES Soils (25% poduce). EAM NZ Ltd identifies two sheds that will be distubed / displaced by the WAL and that appea to be aeas used fo the stoage and pepaation of agicultual/hoticultual spays. As such, they should be consideed as likely hotspots with egads to soil contamination. These aeas would equie moe detailed sampling to detemine the extent of contamination (if any) which would likely involve collecting individual soil samples fom aound the sheds as well as unde the concete pads. Given the invasive natue of the testing equied, it is poposed to undetake this sampling at a late stage (pio to constuction commencing), should RMA appovals fo the WAL be obtained. This would be undetaken in consultation with affected landownes. In addition, as the soil sampling esults undetaken as pat of the EAM NZ Ltd investigation ae based on boad scale sampling and analysis, and theefoe only povide the likely aveage contaminant concentations ove the site, it is ecommended that soils emoved fom the site ae futhe sampled and analysed to confim contaminant levels pio to emoval. This will ensue that they ae suitable fo thei identified end use with egads to the NES Soils land use scenaios. The above investigations and appoach to ongoing management of the site ensue compliance with the NES Soils. Section above notes that an NES Soils consents pocess will be initiated should the esults of any futhe sampling diect this NATIONAL ENVIRONMENTAL STANDARD FOR SOURCES OF HUMAN DRINKING WATER The NES Dinking Wate equies egional councils to ensue that effects on dinking wate souces ae consideed in decisions on esouce consents and egional plans. Specifically, councils ae equied to: decline dischage o wate pemits that ae likely to esult in community dinking wate becoming unsafe fo human consumption following existing teatment; be satisfied that Pemitted Activities in egional plans will not esult in community dinking wate supplies being unsafe fo human consumption following existing teatment; and place conditions on elevant esouce consents equiing notification of dinking wate supplies if significant unintended events occu (e.g. spills) that may advesely affect souces of human dinking wate. Though the Eosion and Sediment Contol Plan (GHD 2014h) and the Stomwate Management Plan (GHD 2014g) the effects of the WAL on wate quality ae being effectively managed, as epoted in the Aquatic and Teestial Ecology Assessment (EAM 2014a). Futhe, dischage consents ae only being sought in elation to dischages to the tempoay sediment etention ponds and the dischage of clean fill within 20 metes of the Kaamu Steam. The dischage of ENVIRONMENTAL MANAGEMENT SERVICES 15

22 stomwate to the Kaamu Steam is a Pemitted Activity unde the cuent povisions of the RRMP. Neithe of these activities will affect community dinking wate. It is theefoe consideed that the ganting of dischage consents sought fom HBRC in elation to WAL will not tigge the equiements of the NES Dinking Wate. 6.3 HAWKE S BAY REGIONAL RESOURCE MANAGEMENT PLAN The RRMP is a combined RPS and a egional plan. It sets out a wide ange of objectives, policies and methods (mainly ules) in elation to the management of natual and physical esouces within the juisdiction of the HBRC. The elevant ules and associated esouce consent equiements fo the WAL unde the RRMP have been discussed in Section 4 of this epot. The following discusses the objectives and policies in the RRMP of elevance to the WAL, fistly in elation to the RPS objectives and policies, followed by the egional plan objectives and policies REGIONAL POLICY STATEMENT OBJECTIVES AND POLICIES The elevant objectives and policies in the RPS pat of the RRMP (Chapte 3) ae discussed below in the ode in which they appea in the RRMP and using the coesponding headings in the RRMP. LOSS AND DEGRADATION OF SOIL OBJ 14 The avoidance of loss in the poductive capability of land, as a esult of educed soil health. While this objective is pimaily concened with the effects of eosion (including wind eosion) and poo soil management pactices on the poductive capability of land, it is potentially elevant given that the WAL will emove some 20 ha of land fom poductive use; 13.6 ha of this land is within the Plains Zone unde the HDP which epesents the highest value soils esouce, with the emaining 6.4 ha located within the Industial Zone. The constuction of a oad necessaily involves stipping back topsoil and compaction, which will esult in an unavoidable loss of soil health and poductive capability. The poposed oute was confimed though an Enquiy by Design ( EBD ) pocess to detemine the pefeed alignment, which consideed a numbe of oute options against ageed citeia, including effects on poductive land (See Altenatives Assessment, EMS 2014b). The pefeed option anked in the middle of the options consideed, in tems of the degee of effect it would have on poductive land. Only one option anked highe (i.e. had less effects on poductive land), howeve this was consideably less desiable in tems of effects on a ange of othe envionmental consideations. Futhe, design decisions have been taken to limit as much as possible the loss of poductive capability, fo example by locating the oad as close as possible to the existing Kaamu Steam stop banks to educe seveance and othe effects on existing poductive uses. While advese effects have been minimised as much as possible, given that an unavoidable loss in soil health and poductive capability will esult fom the WAL, the WAL is not consideed to be consistent with this objective. SCARCITY OF INDIGENOUS VEGETATION AND WETLANDS OBJ 15 The pesevation and enhancement of emaining aeas of significant indigenous vegetation, significant habits of indigenous fauna and ecologically significant wetlands. ENVIRONMENTAL MANAGEMENT SERVICES 16

23 As descibed in the WAL Aquatic and Teestial Ecology Assessment (EAM 2014e) thee ae no aeas of significant indigenous vegetation o significant wetlands that will be affected by the WAL. Aquatic ecology effects will be mino and ipaian and aquatic habitats may be enhanced by ipaian planting associated with the WAL. EFFECTS OF CONFLICTING LAND USE ACTIVITIES OBJ 16 Fo futue activities, the avoidance o mitigation of nuisance effects aising fom the location of conflicting land use activities Existing ochad opeations will be exposed to a new public oad bounday. As such, thee is potential fo evese sensitivity effects associated with the application of agichemicals in ochad blocks and possible inteactions with oad uses. These effects ae moe fully descibed in the Poductive Land Use Assessment (AgFist 2014). Mitigation is poposed in the fom of shelte belts to addess spay dift and secuity fencing. GROUNDWATER QUANTITY OBJ 23 The avoidance of any significant advese effects of wate takes on the long-tem quantity of goundwate in aquifes and on suface wate esouces. OBJ 24 The avoidance o emedy of any significant advese effects of wate takes on the opeation of existing lawful efficient goundwate takes. Existing iigation opeations within and adjacent to the poposed WAL coido will be disupted. The WAL will cause a change in iigable aeas and effects on existing infastuctue, including existing boes that will need to be decommissioned and e-established in a new location. Howeve, these effects will not esult in any incease in goundwate abstaction. Indeed, the land taken up by the WAL will esult in an oveall decease in the aea of land being iigated, and hence the quantity of gound wate abstacted. SURFACE WATER RESOURCES Suface Wate Quality OBJ 27 The maintenance o enhancement of the wate quality of ives, lakes and wetlands in ode that it is suitable fo sustaining o impoving aquatic ecosystems in catchments as a whole, and fo contact eceation puposes whee appopiate. The WAL will esult in the dischage of stomwate to the Kaamu Steam. Policy 49 unde this objective is theefoe paticulaly elevant, which states (a) To pemit the divesion and dischage of stomwate fom constucted open dainage systems o piped stomwate dainage systems into suface wate without the need fo a esouce consent, subject to conditions in this Plan which ae intended to adequately avoid, emedy, o mitigate any significant advese effects. (b) To pomote the mitigation of the cumulative effects of stomwate dischages on wate quality whee appopiate The WAL Stomwate Management Plan (GHD 2014g) and the Eosion and Sediment Contol Plan (GHD 2014h) outline the appoach to stomwate management though the constuction and opeational phases of the WAL. Any advese effects on the wate quality of the Kaamu Steam will be avoided duing the constuction and opeational phases of the poject by way of the poposed measues set out in these management plans, which will ensue that the Pemitted Activity conditions/standads/tems ENVIRONMENTAL MANAGEMENT SERVICES 17

24 unde Rule 42 of the RRMP will be complied with. The Aquatic and Teestial Ecology Assessment (EAM 2014a) has also concluded that the poposed vegetated swales will povide inteception and filteing of the stomwate un-off befoe the stomwate dischages ente the steam. NATURAL HAZARDS OBJ 31 The avoidance o mitigation of the advese effects of natual hazads on people's safety, popety, and economic livelihood. The effects of natual hazads on the WAL and adjacent popeties have been assessed in the Natual Hazads Assessment (GHD 2014e). This assessment has concluded that the poposed design of the WAL will avoid o educe to an acceptable level the effect of natual hazads on the oad and on suounding popeties. It is also noted that as pat of the WAL poject, Kaamu Steam widening woks will be undetaken to cay out futue planned HBRC flood contol measues. These woks ae being done to the benefit of the WAL poject as an economical and envionmentally sound souce of fill to be used fo oad constuction, which would othewise be equied to be tucked in to the WAL site. These woks will also achieve impoved conveyance of flood flows within the Kaamu Steam, contibuting to the achievement of this objective. MAINTENANCE AND ENHANCEMENT OF PHYSICAL INFRASTRUCTURE OBJ 32 The ongoing opeation, maintenance and development of physical infastuctue that suppots the economic, social and/o cultual wellbeing of the egion s people and communities and povides fo thei health and safety. OBJ 33 Recognition that some infastuctue which is egionally significant has specific locational equiements. The Heetaunga Plains Tanspotation Study identifies the WAL as the highest pioity oading poject in the egion. It will povide substantial economic benefits and impove the safety and efficiency of the tanspot netwok. The WAL is specifically intended to povide impoved connections between Whakatu and the Hawke s Bay Expessway and theefoe has highly specific locational equiements. The Economic Impact Assessment (Bevin 2014) has shown significant economic benefits associated with the WAL. The WAL is theefoe consistent with, and suppoted by, these objectives. RECOGNITION OF MATTERS OF SIGNIFICANCE TO IWI/HAPŪ OBJ 34 To ecognise tikanga Maoi values and the contibution they make to sustainable development and the fulfilment of HBRC s ole as guadians, as established unde the RMA, and tangata whenua oles as kaitiaki, in keeping with Maoi cultue and taditions. OBJ 35 To consult with Maoi in a manne that ceates effective esouce management outcomes. OBJ 36 To potect and whee necessay aid the pesevation of waahi tapu (saced places), and tauanga waka (landings fo waka). OBJ 37 To potect and whee necessay aid the pesevation of mahinga kai (food cultivation aeas), mahinga mataitai (sea-food gatheing places), taonga aanga (plants used fo weaving and esouces used fo taditional cafts) and taonga ongoa (medicinal plants, hebs and esouce). Mana whenua have been engaged in the WAL poject fom the ealiest stages of design. The EBD pocess (moe fully explained in the Altenatives Assessment, EMS 2014b) included mana whenua ENVIRONMENTAL MANAGEMENT SERVICES 18

25 epesentatives. Two key objectives fo the EBD pocess wee to avoid Maoi-owned land and waahi tapu sites in detemining a pefeed oute alignment fo the WAL. A Cultual Impact Assessment has also been undetaken (Ipuangi Developments 2014), which included futhe consultation with mana whenua in ode to identify any additional cultual effects not able to be avoided though the design pocess. On the basis of the above, and the conclusions eached in the epots efeed to above, the WAL has been designed and developed in a manne which is consistent with the above objectives (and the associated policies) REGIONAL PLAN OBJECTIVES AND POLICIES The elevant objectives and policies in the Regional Plan pat of the RRMP (Chapte 5) ae discussed below in the ode in which they appea in the RRMP and using the coesponding headings in the RRMP. LAND OBJ 38 The sustainable management of the land esouce so as to avoid compomising futue use and wate quality. The explanation to Objective 38 states that it is based on the pinciple that land outside that used fo uban, commecial o industial activities should be used in a sustainable manne, such that futue use options and wate quality ae not compomised. It is consideed that on the basis of this explanation, Objective 38 does not explicitly apply to WAL, howeve it is noted that the Stomwate Management Plan (GHD 2014g) and the Eosion and Sediment Contol Plan (GHD 2014h) ensue that wate quality is potected though the constuction and opeational phases of the WAL. AIR QUALITY OBJ 39 A standad of ambient ai quality is maintained at, o enhanced to, a level that is not detimental to human health, amenity values, o the life suppoting capacity of ai, and meets National Envionmental Standads OBJ 39a A standad of local ai quality is maintained that is not detimental to human health, amenity values o the life suppoting capacity of ai. OBJ 39b In the Napie, Hastings, Awatoto and Whiinaki Aisheds, impove ambient ai quality so that by 1 Septembe 2020 the concentation of PM 10 does not exceed 50 μg/m 3 (24 hou aveage), moe than once in any 12 month peiod. Any dischages to ai will be associated with dust fom tempoay constuction activities. Policy 69 povides ai quality envionmental guidelines, including fo dust, as follows: 4. Dust Any dust deposition should not aise the ambient dust deposition ate by moe than 4g/m 2 pe 30 days at any point beyond the bounday of the subject popety. The Poposed Conditions (HDC 2014d) include a equiement fo the submission and cetification of a DCMP pio to any constuction activities occuing. The poposed conditions include specific equiements that the DCMP must meet. This pocess will ensue that management pactices ae in place, and monitoed, to avoid advese ai quality effects fom standad exceedances. This will ensue ENVIRONMENTAL MANAGEMENT SERVICES 19

26 that management pactices ae in place to pevent advese ai quality effects in a manne that is consistent with the two objectives above and the envionmental guidelines povided in Policy 69. SURFACE WATER QUALITY OBJ 40 The maintenance of the wate quality of specific ives in ode that the existing species and natual chaacte ae sustained, while poviding fo esouce availability fo a vaiety of puposes, including goundwate echage. The effects of the WAL on suface wate quality ae assessed in the Aquatic and Teestial Assessment (EAM 2014a). Any suface wate quality effects fom the WAL ae associated with stomwate unoff enteing the Kaamu Steam. Policy 71 unde this objective povides geneal envionmental guidelines that apply egion-wide (Table 7) and specific envionmental guidelines fo listed catchments (Table 8). It is noted that the Kaamu Steam is not listed in Table 8 and theefoe does not have specific envionmental guidelines fo faecal colifoms o suspended solids. The geneal guidelines unde Table 7 do apply, howeve. The poposed Stomwate Management Plan (GHD 2014g) and the Eosion and Sediment Contol Plan (GHD 2014h) povide an appoach fo the management of stomwate unoff fom the site duing the constuction and opeational phases of the WAL. A Spill Management Plan will also be pepaed as pat of the final CEMP which will identify the management pocedues and contols that will be used duing constuction of the Poject to pevent contaminants, such as diesel and oil, enteing any wate bodies in the event of a spill. The plans povide envionmental pefomance standads that will be monitoed and achieved to ensue the effects of the activities on the quality of the Kaamu Steam will be in accodance with the envionmental guidelines set out in Table 7. Policy 72A was inseted in accodance with the NPS Feshwate Management. It states: When consideing any application fo a dischage the consent authoity must have egad to the following mattes: (a) the extent to which the dischage would avoid contamination that will have an advese effect on the life-suppoting capacity of fesh wate including on any ecosystem associated with fesh wate and (b) the extent to which it is feasible and dependable that any moe than mino advese effect on fesh wate, and on any ecosystem associated with fesh wate, esulting fom the dischage would be avoided A dischage consent is sought fo dischage of stomwate to the sediment etention ponds (efe to Section 4.2.1) duing the eathwoks constuction phase of the poject. This is specifically equied to avoid contamination, pimaily fom suspended solids, fom enteing the Kaamu Steam. Site sampling and peliminay soil laboatoy analysis of the WAL coido (EAM 2014b) has found soil concentations of the metals asenic, lead and coppe wee well below even the stictest NES land use scenaio of ual esidential lifestyle block (25% poduce). Similaly, Ogano-Chloine Pesticide concentations wee eithe below method detection limits o at tace concentations only. Theefoe, it is unlikely that othe contaminants will be pesent in the stomwate dischage in concentations that will have moe than mino advese effects on fesh wate. It is theefoe consideed that the WAL is consistent with Policy 72A. ENVIRONMENTAL MANAGEMENT SERVICES 20

27 GROUNDWATER QUALITY OBJ 43 Subject to Objective LW1 and OBJ TT3, goundwate quality in the Heetaunga Plains and Ruataniwha Plains aquife systems and in unconfined o semi-confined poductive aquifes is suitable fo human consumption and iigation without teatment, o afte teatment whee this is necessay because of the natual wate quality. 1 Given the poposed measues fo stomwate management, eosion and sediment contol and spill management it is consideed that any effects of the constuction and opeation of the WAL on the quality of goundwate esouces in the Heetaunga Plains aquife system will be negligible. The WAL will theefoe be consistent with the above objective. BEDS OF RIVER AND LAKES OBJ 45 The maintenance o enhancement of the natual and physical esouces, and use and values, of the beds of ives and lakes within the egion as a whole. Policy 79 (elating to OBJ 45) sets out a seies of guidelines in elation to activities affecting the beds of ives and lakes, including stuctues in, on, unde o ove ive o lake beds. The WAL bidge has been designed such that no pat of the stuctue will be within the wet steam bed. The WAL Poject Desciption (GHD 2014a) outlines the appoach to bidge constuction, which will be futhe detailed in the final CEMP. Policy 80A was inseted into the RRMP in accodance with the diection stated in Policy B7 of the NPS Feshwate Management. It states: When consideing any application the consent authoity must have egad to the following mattes: (a) the extent to which the change would advesely affect safeguading the life-suppoting capacity of fesh wate and of any associated ecosystem and (b) the extent to which it is feasible and dependable that any advese effect on the life-suppoting capacity of fesh wate and of any associated ecosystem esulting fom the change would be avoided. The Aquatic and Teestial Ecology Assessment (EAM 2014a) has assessed the effects of the poposed WAL elevant to the mattes in Policy 80A above. On the basis of the assessments undetaken, the poposed bidge design and appoach to bidge constuction, it is consideed that the WAL is consistent with this objective and the undelying policies CHANGE 4 MANAGING THE BUILT ENVIRONMENT PC4 was publicly notified on 7 Decembe, Decisions on submissions wee issued on 26 Mach, One appeal was lodged, and this was esolved on 22 Octobe, The povisions of PC4 became opeative on 1 Januay, PC4 intoduces new povisions elating to the built envionment and infastuctue into the RPS pats of the RRMP. In paticula, it assists in the implementation the Heetaunga Plains Uban Development Stategy (HPUDS). HPUDS was jointly developed by HBRC, HDC and Napie City Council, and then adopted by all thee councils in August As amended by PC6. ENVIRONMENTAL MANAGEMENT SERVICES 21

28 PC4 includes a numbe of new objectives and policies intended to povide guidance and diection to Hawke's Bay s local authoities when making decisions on uban activities, infastuctue and associated effects. PC4 povides paticula policy diection and guidance to uban development in the Heetaunga Plains sub-egion. Those specific policies ae intended to embed HPUDS settlement patten and pinciples into the RPS pat of the RRMP, which local authoities then have to implement via egional plans and distict plans. Given that the pimay focus of PC4 is in elation to uban activities and infastuctue, paticulaly within the Heetaunga Plains sub-egion, it has diect elevance to the WAL. The aspects of PC4 that ae applicable to the WAL ae as follows. INTEGRATION OF LAND USE WITH SIGNIFICANT INFRASTRUCTURE (REGION) OBJ UD5 Ensue though long-tem planning fo land use change thoughout the Region, that the ate and location of development is integated with the povision of stategic and othe infastuctue, the povision of sevices, and associated funding mechanisms. The Heetaunga Plains Tanspotation Study identifies the WAL as the highest pioity oading poject in the Hawke s Bay Region. It is theefoe highly stategic, and consistent with this objective. INTEGRATION OF TRANSPORT INFRASTRUCTURE WITH DEVELOPMENT (REGION) OBJ UD6 Ensue that the planning and povision of tanspot infastuctue is integated with development and settlement pattens and facilitates the movement of goods and people and povision of sevices thoughout the Region, while: a) limiting netwok congestion; b) educing dependency on pivate moto vehicles; c) educing emission of contaminants to ai and enegy use; and d) pomoting the use of active tanspot modes. The WAL is consistent with this objective as it addesses an existing need to enable taffic, paticulaly Heavy Commecial Vehicles, to use the Hawke s Bay Expessway to tavel between Whakatu and the Pot of Napie athe than tavel though the esidential aeas of Whakatu, Clive and along Napie s Maine Paade. In addition, it will povide convenient, efficient and safe access and linkages between Havelock Noth, the Hawke s Bay Aipot and Napie s noth westen employment and esidential aeas. The WAL will also suppot the development of a planned feight distibution hub on land owned by the Pot of Napie by poviding impoved oad connections into and out of Whakatu. PROVISION FOR BUSINESS ACTIVITIES (HERETAUNGA PLAINS SUB-REGION) POL UD2 in the Heetaunga Plains sub-egion, distict plans shall povide fo business activities to 2045, in a manne which: (a) Reinfoces the ole of Napie and Hastings cities as the commecial and business coe of the Heetaunga Plains, whilst suppoting adequate capacity in defined ual towns and settlements fo a ange of day-to-day sevices and activities; (b) Pomotes the utilisation, edevelopment and intensification of existing commecial land; (c) Pomotes the utilisation, edevelopment and intensification of existing industial land, and povides sufficient additional geenfields industial land to ensue demand fo new land can be met by supply; (d) Pomotes the utilisation of existing infastuctue availability, capacity and quality as fa as easonably pacticable; (e) Avoids unnecessay encoachment onto the vesatile land of the Heetaunga Plains; (f) Avoids, emedies o mitigates evese sensitivity effects in accodance with Objectives and Policies in Chaptes 3.5 and 3.13 of the plan; ENVIRONMENTAL MANAGEMENT SERVICES 22

29 (g) Ensues close poximity to, majo tanspot hubs and multi-modal tanspot netwoks. (h) Pomotes close poximity to labou supply. (i) Avoids o mitigates the following locational constaints: i. pojected sea level ise as a esult of climatic changes ii. active coastal eosion and inundation iii. stomwate infastuctue that is unable to mitigate identified flooding isk iv. flood contol and dainage schemes that ae at o ove capacity v. active eathquake faults HBRRMP Change 4 4 epublished as at 22 Octobe 2013 vi. high liquefaction potential vii. neaby sensitive watebodies that ae susceptible to potential contamination fom unoff, stomwate dischages, o wastewate teatment and disposal. viii. no cuent wastewate eticulation and the land is poo daining ix. wate shot aeas affecting the povision of adequate wate supply The WAL will suppot business gowth in Whakatu though impoved efficiency in feight and vehicle movements into and out of Whakatu, and with key sevices such as the Pot of Napie and the Hawke s Bay Aipot. Locational constaints ae consideed in the vaious technical assessment epots and summaised in the Assessment of Envionmental Effects ( AEE ). The WAL is both consistent with, and suppoted by, this policy. APPROPRIATE INDUSTRIAL GREENFIELD GROWTH AREAS (HERETAUNGA PLAINS SUB-REGION) POL UD4.5 Within the Heetaunga Plains sub-egion, aeas whee futue industial geenfield gowth fo the peiod have been identified as appopiate, subject to futhe assessment efeed to in POL UD10.1, POL UD10.3, POL UD10.4 and POL UD12, ae : (a) Iongate industial aea (b) Omahu industial aea (c) Whakatu industial aea (d) Tomoana industial aea (e) Awatoto industial aea The WAL will suppot futue industial gowth in the Whakatu Industial Aea though impoved tanspotation links, and is theefoe consistent with this policy. One of the most elevant anticipated envionmental esults of PC4 is AER UD14 The efficient povision of feight links fo distibution to and fom the egion The WAL is entiely consistent with the objectives, polices and outcomes sought by PC PROPOSED CHANGE 5 - LAND USE AND FRESHWATER MANAGEMENT PC5 will amend the RPS to povide enhanced guidance and diection to decision-makes about how futue management decisions will be made in an integated manne fo the sustainable management of the egion s land and fesh wate esouces. PC5 was notified by HBRC on 2 Octobe, 2012 with decisions on submissions issued 5 June, Fou appeals wee lodged with the Envionment Cout and these ae in the pocess of being esolved. It is noted that this assessment has been undetaken on PC5 as amended by council decisions on submissions, and that some futhe changes will likely occu though the appeals esolution pocess. Given that, a high level appoach has been taken to assess consistency of the WAL with PC5 in geneal tems. On that basis, the aspects of PC5 that ae applicable to the WAL ae as follows. ENVIRONMENTAL MANAGEMENT SERVICES 23

30 OBJ LW 1 Fesh wate and land use and development managed in an integated and sustainable manne which includes (in no paticula ode): The effects of the WAL in elation to wate quality ae assessed in Section above and ae consideed elevant to this objective. In summay, on the basis of the management appoach outlined in the Stomwate Management Plan (GHD 2014g) and the Eosion and Sediment Contol Plan (GHD 2014h), wate quality effects have been assessed in the Aquatic and Teestial Ecology Repot (EAM 2014a) as being no moe than mino. POL LW2 Poblem solving appoach Pioitising values 1. Give pioity to maintaining o enhancing the pimay values and uses of feshwate bodies shown in Table 1 fo the following catchment aeas in accodance with Policy LW2.3: (a) Geate Heetaunga / Ahuii Catchment Aea; (b) Mohaka Catchment Aea; and (c) Tukituki Catchment Aea. 2. 1A. Policy LW2.1 applies: (a) when pepaing egional plans fo the catchments specified in POL LW2.1; and (b) when consideing esouce consents fo activities in the catchments specified in POL LW2.1 when no catchment based egional plan has been pepaed fo the elevant catchment. The WAL is located within the Geate Heetaunga / Ahuii Catchment Aea, and POL LW2 theefoe applies. Table 1 unde POL LW2 povides a seies of pimay and seconday values and uses fo the Geate Heetaunga / Ahuii Catchment Aea that ae to be given pioity when consideing esouce consents. Given the findings of the Aquatic and Teestial Ecology Repot (EAM 2014a) and the natue of the esouce consents being sought fom HBRC fo the WAL, it is not consideed that the WAL will undemine any of the pimay o seconday values identified, and on that basis any consents issued fo the WAL by HBRC would be consistent with POL LW2. OBJ 27A Ripaian vegetation on the magins of ives, lakes and wetlands is maintained o enhanced in ode to: (a) maintain biological divesity; (b) maintain and enhance wate quality and aquatic ecosystems; and (c) suppot the use of suface wate esouces in accodance with tikanga Māoi Subsequent to ecommendations in the Aquatic and Teestial Ecology Repot (EAM 2014a) a condition has been poposed (Poposed Conditions HDC 2014d) equiing the installation of ipaian planting along the Kaamu Steam as pat of the WAL poject. The WAL will theefoe suppot the implementation of this objective. POL 47A Decision making citeia Land based disposal of contaminants Pomote land based disposal of wastewate, solid waste and othe waste poducts so that: (a) the advese effects of contaminants enteing suface watebodies o coastal wate ae avoided as fa as pacticable; (aa) whee it is not pacticable to avoid any advese effects of contaminants enteing suface watebodies o coastal wate, then advese effects ae emedied o mitigated; and (b) any disposal of wastewate, solid waste o othe waste poducts to a suface watebody o coastal wate occus only when it is the best pacticable option ENVIRONMENTAL MANAGEMENT SERVICES 24

31 The Stomwate Management Plan (GHD 2014g) and the Eosion and Sediment Contol Plan (GHD 2014h) collectively povide a low-impact design fo the management of stomwate and unoff. This includes the use of swales and sediment etention ponds to povide land-based pe-teatment of stomwate. The WAL is theefoe consideed to be consistent with POL 47A. In geneal, given the low impact stomwate and unoff management pactices being adopted by the WAL, it is consideed that the WAL is consistent with the decisions vesions of PC HASTINGS DISTRICT PLAN The aeas of land poposed fo the WAL can be identified on HDP Planning Maps 41a, 41b, 48a and 48b. These maps ae povided as Appendix C. The following points ae noted following a eview of these maps: The WAL cosses though Plains Zone and Industial Zoned Land; A potion of the WAL passes though the Flooding RMU Kaamu Steam; The WAL cosses Designation D55 Railway Puposes; The WAL cosses Ripaian Aea 2 Kaamu Steam; The WAL affects a potion of the County Pak Reseve (Pakowhai Regional Pak); The WAL is not located within the unconfined aquife aea. Thee ae no ecoded waahi tapu sites affected; Thee ae no outstanding natual featues o landscape o significant landscape chaacte aeas affected; Thee ae no ecommended aeas fo potection affected; Thee ae no heitage items affected; Thee ae no outstanding o significant tees affected; and Thee ae no ecoded contaminated sites affected. On the basis of the above, the following discusses elevant objectives and policies in the following elevant sections of the HDP: Section 2.5 Tanspotation Section 6.0 Plains Zone Section 10.0 Industial Zone Section 12.3 Natual Hazads Resouce Management Unit Section 13.3 Netwok Utilities Section 13.4 Eathwoks Distict Wide Activity Section 13.5 Community Facilities, Receation and Maae Distict Wide Activity Section 13.9 Ripaian Land Management and Public Access Distict Wide Activity Section 14.2 Noise TRANSPORTATION The following objectives ae elevant to the WAL: TO1 TO2 TO4 To establish and maintain a safe, efficient, and envionmentally appopiate tanspot netwok. To avoid o mitigate the effects of inappopiate tanspot activity on the envionmental and amenity values of the community. To pomote the effective co-odination and integation of oading development as well as othe tanspotation netwoks in the egion. ENVIRONMENTAL MANAGEMENT SERVICES 25

32 TO5 To povide fo the effective, safe, and convenient use of non-vehicle based tanspotation on the Heetaunga Plains. The policies seeking to implement the objectives above that ae elevant to the WAL ae: TP2 TP3 Minimise the exposue of the community to envionmental effects of inappopiate o unnecessay taffic on diffeent pats of the Distict s tanspot netwok. Encouage the oppotunity to utilise altenative tanspotation modes thoughout the Distict. In tems of Objective TO1 and TO4, the Heetaunga Plains Tanspotation Study identifies a numbe of oading pojects and lists the WAL as the highest pioity in tems of its stategic impotance. One of the key objectives of the WAL is to take heavy vehicle taffic off the esidential steets of Whakatu and State Highway 2 and though to Napie, and divet these towads the Expessway. The WAL will also suppot the development of a feight distibution cente at Whakatu which will povide a moe efficient and integated ail / oad tanspotation system fo the Pot of Napie. In tems of Objective TO5 and Policy TP3, it is noted that an undepass will be constucted fo the iway cycle path to coss the WAL. Gade sepaation fo cyclists and pedestians is the safest method of cossing a busy oad. Futhe, with the closue of the Ruahapia Road ail level cossing, the safety of cyclists and pedestians using the iway is impoved though the povision of a safe cossing of Ruahapia Road in a lowe speed envionment than what cuently exists. Povision fo cyclists has also been made on the WAL and bidge. The WAL is both consistent with, and suppoted by, these objectives and policies PLAINS ZONE The following objectives ae elevant to the WAL: PLO1 To maintain the life-suppoting capacity of the unique esouce balance of the Heetaunga Plains. PLO2 To avoid, emedy o mitigate potential advese effects of land use activities on the ual community, adjoining activities, maae, and the economy. PLO4 To ensue that existing levels of amenity associated with existing land based pimay poduction on the Plains ae maintained. The policies seeking to implement the objectives above that ae elevant to the WAL ae: PLP1 PLP4 Enable the establishment of a wide ange of activities povided they maintain the life suppoting capacity of the soil esouce of the Heetaunga Plains fo futue use. Contol the advese effects of activities on the community, adjoining activities, and the envionment PLP10 Allow shelte belts and atificial windbeaks to be eected on the Plains PLP11 Noise levels should not be inconsistent with the chaacte and amenity of the Plains Zone In tems of PLO1 and PLP1, the Poductive Land Use Assessment (AgFist 2014) notes that 13.6 ha of Plains Zone land ae affected by the WAL. This total aea includes the actual oad footpint, and an ENVIRONMENTAL MANAGEMENT SERVICES 26

33 additional setback fom the oad edge to povide fo new headland aeas fo ochads and copping land (10m and 5m espectively). The AgFist epot also notes that an additional 2.74 ha of Plains Zone land may potentially be lost though seveance effects. Minimising impacts on Plains Zone land was a pimay objective of the EBD pocess, as outlined in the Altenatives Assessment Repot (EMS 2014b). One of the citeia adopted by the EBD Woking Goup in the multi-citeia analysis pocess used to compae diffeent oute options fo the WAL was: Effects on Poductive Land Use, Existing Use and Infastuctue and Development Oppotunities This citeion eceived an ageed weighting of 2 (on a scale of 1 to 3), with the easons fo this weighting given as: Recognises that in ode to meet the ateial function of the Whakatu Ateial oute some level of effects on existing landuse and development is unavoidable. In making thei final ecommendation to HDC on the pefeed oute option, the EBD Woking Goup made the following specific ecommendation: Any final design needs to look at maintaining efficient land use as much as possible and minimising the loss of fetile land Design details fo the WAL have incopoated this ecommendation. This is shown paticulaly in the section of the WAL immediately east of the SH2 intesection. This section of the WAL takes a diect oute towad the Kaamu Steam stop bank, staying as close as possible to existing popety boundaies, befoe tuning into a seies of two tight cuves to follow the stop bank as closely as possible. In doing so, effects on poductive land have been minimised as fa as possible, paticulaly though minimising seveance effects. The technical effect of these cuves is to educe the design speed of the WAL to 80 km/h a wide cuve would allow a highe design speed, but would also incease effects on Plains Zone land. Oveall, while minimised as much as possible, thee will be an unavoidable effect on the life-suppoting capacity of soils in the Plains Zone as a esult of the constuction of the WAL. It is noted that none of the oute options consideed by the EBD Woking Goup would have avoided these effects. In taking an oveall balancing appoach, as equied by the RMA, thee ae significant benefits associated with the WAL that ae elevant to the Outcomes sought fo the Plains Zone that need to be consideed against this loss. These include benefits that suppot the pimay poduce secto though impoved connections to a key industial and food pocessing hub, as well as significant safety impovements, economic benefits, ceation of employment and the establishment of a key stategic oading linkage that suppots the policy diection established by HPUDS and the HPTS. In tems of PLO2, PLO4, PLP4, and PLP10 the Poductive Land Use Assessment (AgFist 2014) notes the potential fo evese sensitivity effects to occu (paticulaly in elation to spay dift fom ochads adjoining the WAL) as well as advese effects fom dust geneated duing eathwoks constuction of the WAL, damage to ochad infastuctue and impacts on popety secuity duing and afte constuction. Howeve, the Poductive Land Use Assessment has ecommended a numbe of measues to mitigate these effects, such as the eplacement o epai of damaged infastuctue, planting of shelte belts, establishment of secuity fencing along the bounday of the WAL and dust mitigation. It has also ecommended that HDC consult with the affected landownes and thei tenants so they ae ENVIRONMENTAL MANAGEMENT SERVICES 27

34 actively involved in solving any poblems that may aise. It is poposed that such measues be implemented by way of the Poposed Conditions (HDC 2014d). Policy PLP11 is that noise levels fo activities in the Plains Poduction Zone should not be inconsistent with the chaacte and amenity of the zone. The Noise Assessment (Hegley 2014) has concluded that mitigation measues ae available to adequately mitigate any advese noise effects to a easonable level (e.g. oad suface modification) as pat of the design of the WAL, so that the design yea taffic noise level unde New Zealand Taffic Noise Standad NZS 6806 will be complied with at the façade of all houses and Mangateetee School adjacent to the WAL. It is futhe noted that taffic noise is not inheently inconsistent with the chaacte of the Plains Zone INDUSTRIAL ZONE The following objectives ae elevant to the WAL: IZO1 IZO5 To facilitate efficient and optimum use and development of existing industial esouces within the Hastings Distict To enable the efficient and effective use of the Distict s esouces by poviding fo the development of new industies. The policies seeking to implement the objectives above that ae elevant to the WAL ae: IZP2 IZP3 IZP4 IZP5 The optimal use and ationalisation of existing industial aeas and esouces in the Distict will be pefeed ove futhe geenfield industial development. New industial development will be encouaged to locate and utilise existing industial aeas unless special cicumstances, such as poximity to aw mateials, infastuctue o tanspot nodes o equiements fo vey lage sites, dictate the need fo a site outside of the existing industial aeas. Efficient goods tansfe and impoved connections will be encouaged between industial activities in Hastings, Iongate, Tomoana, Whakatu and the Pot of Napie. Industial development and uses will be encouaged to locate in aeas with adequate existing seweage, wate and stomwate infastuctue solutions in pefeence to aeas whee significant infastuctual upgading is equied. IZP14 Geneally diect industy with potential fo significant advese effects, such as noise o dust geneation, heavy taffic movement, glae o odou, to locate on sites that ae emote fom o adequately buffeed fom esidential aeas. ZP19 Ensue appopiate povision is made fo the continued opeation and development of majo industies which make a significant contibution to the Distict and Regional economies, while avoiding, emedying o mitigating effects on suounding envionment The WAL s pimay pupose is to suppot connections into and out of the Whakatu Industial Aea. The inceased efficiency and impoved connections povided by the WAL will suppot the continued and inceased use of Whakatu fo industial puposes. The WAL is theefoe consistent with, and diectly suppoted by, the above objectives and policies. ENVIRONMENTAL MANAGEMENT SERVICES 28

35 6.4.4 NATURAL HAZARDS RESOURCE MANAGEMENT UNIT The following objectives ae elevant to the WAL: NHO2 To ensue that land use activities avoid o mitigate advese effects aising fom natual hazads. The policies seeking to implement the objectives above that ae elevant to the WAL ae: NHP1 Contol land use activities in identified natual hazad aeas whee communities and esouces ae at isk. NHP5 Ensue that land use activities do not exacebate the advese effects of natual hazads. The WAL passes though the Flooding RMU Kaamu Steam, which is based on a modelled 50 yea flood event. This would affect the section of the WAL in the vicinity of the bidge cossing and though to the connection with Pakowhai Road. The HBRC has vaious woks poposed to maintain adequate flow and educe the isk of flooding of the Kaamu Steam, including a planned 35 metes of channel widening in the aea of the poposed bidge ove the Kaamu Steam. These woks will be undetaken on behalf of HBRC as pat of the constuction of the WAL, with the fill fom these woks being used fo oad constuction. The HBRC have ageed to allow the intoduction of an intemediate pie fo the bidge within the poposed widened flood channel (but outside the wet steam bed) povided it is designed to pevent debis (paticulaly weeds) fom catching on the upsteam side duing flooding events and it povides fo Q100 flows estimated at 135 cubic metes pe second. The bidge has been designed to eflect these equiements. A low impact stomwate management system is poposed fo the WAL which will be sized to collect and convey stomwate unoff duing a 10% Annual Exceedance Pobability event. The WAL will also be designed to avoid collecting existing suface flows as much as possible to minimise volumes conveyed by the stomwate system and to educe the potential fo inceased peaking events. The Natual Hazads Assessment (GHD 2014d) has consideed the potential effects of natual hazads, including a 50 yea flood event. It has concluded that best pactice oad design has been adopted such that the potential effects of natual hazads have been taken into account. Futhe, the effects of natual hazads on adjacent popeties will not be polonged o exacebated as a esult of the constuction of the oad. The WAL is theefoe consistent with the above objectives and policies NETWORK UTILITIES DISTRICT WIDE ACTIVITY The following objectives ae elevant to the WAL: NUO1 To povide fo the safe, effective and efficient constuction, opeation, maintenance, eplacement, efubishment and upgading of Netwok Utilities, fo the social and economic wellbeing of the community, while avoiding, emedying o mitigating any significant advese effects on the envionment. The policies seeking to implement the objectives above that ae elevant to the WAL ae: NUP1 Povide fo the on-going opeation, maintenance, eplacement, efubishment and upgading of all existing Netwok Utilities. ENVIRONMENTAL MANAGEMENT SERVICES 29

36 NUP2 To enable the establishment and upgading of netwok utilities while ensuing that any significant advese effects on the envionment ae avoided, emedied o mitigated. NUP4 Recognise special technical equiements and constaints of Netwok Utilities including those associated with thei scale, location, design and opeation. The above objective and policies ecognise the impotance of netwok utilities, which include oads. The Heetaunga Plains Tanspotation Study identifies the WAL as the highest pioity oading poject in the egion. It will povide substantial economic benefits and impove the safety and efficiency of the tanspot netwok. The WAL is specifically intended to povide impoved connections between Whakatu and the Hawke s Bay Expessway and theefoe has highly specific locational equiements. The WAL is theefoe consistent with, and suppoted by, this objective and policies EARTHWORKS DISTRICT WIDE ACTIVITY The following objectives ae elevant to the WAL: EWO1 To povide fo eathwoks while ensuing that the life-suppoting capacity of wate, soil and ecosystems is safeguaded and that significant advese effects on the envionment ae avoided, emedied o mitigated. The policies seeking to implement the objectives above that ae elevant to the WAL ae: EWP1 Limit the scale and location of eathwoks to ensue that any significant advese effects on people, popety, public o Netwok Utility assets, o the envionment ae avoided. EWP2 Requie the epastue o evegetation of land whee vegetation is cleaed in association with eathwoks. Thee will be a significant amount of eathwoks equied thoughout the constuction of the WAL. The manne in which these eathwoks ae contolled, and envionmental effects managed, is set out in the Daft Constuction Envionmental Management Plan (GHD 2014i) in a manne which is consistent with the above objectives and policies. The Poposed Conditions (HDC 2014d) equie that the consent holde comply with the CEMP at all times, and that a final CEMP is submitted to the appopiate consent authoity fo cetification pio to constuction activities commencing COMMUNITY FACILITIES, RECREATION AND MARAE DISTRICT WIDE ACTIVITY The following objectives ae elevant to the WAL: REO1 REO2 To povide fo the establishment, opeation, development and maintenance of land fo eseves and eceation activities, while ensuing that advese effects on the envionment ae avoided, emedied o mitigated. To povide access to eceation facilities fo the community though thei povision and distibution thoughout the Distict. The WAL will esult in the loss of some land within the Pakowhai Regional Pak associated with constucting the new oundabout on Pakowhai Road at the nothen end of the WAL. The aea of land that will need to be emoved fom the Pak will be elatively small, being appoximately 1,000 m 2. Though consultation with HBRC a concept plan has been developed to specify the design of the new pak entance and othe einstatement equiements. This concept plan ensues that the WAL will not advesely affect the ability of the Pak to meet its cuent and likely futue puposes. The Altenatives ENVIRONMENTAL MANAGEMENT SERVICES 30

37 Assessment (EMS 2014b) outlines this pocess and includes as an appendix coespondence fom HBRC s agent confiming ageement with the poposed appoach to einstatement. Related conditions ae included in the Poposed Conditions (HDC 2014d). On the basis of the development of an ageed concept plan it is theefoe consideed that the WAL is consistent with Objective OSEO RIPARIAN LAND MANAGEMENT AND PUBLIC ACCESS DISTRICT WIDE ACTIVITY The following objectives ae elevant to the WAL: RMO1 To potect aeas of the coastline and the magins of ives, lakes and steams that ae identified as being of significant, natual, cultual, o eceational value. RMO3 To ecognise the impotance of the natual chaacte of the ipaian magins of the coastal envionment, wetlands, lakes and ives, potect them fom inappopiate subdivision, use and development and pomote thei pesevation and enhancement. The policies seeking to implement the objectives above that ae elevant to the WAL ae: RMP10 To encouage and pomote the etention of indigenous ipaian vegetation, and the establishment of ipaian vegetation on the magins of the coastal envionment, wetlands, lakes and ives, and, whee appopiate, to equie new land use activities to avoid, emedy o mitigate the advese effects of land use on wate quality, including the etention and planting of ipaian vegetation. As descibed in the WAL Aquatic and Teestial Ecology Assessment (EAM 2014e) thee ae no aeas of significant indigenous vegetation o significant wetlands that will be affected by the WAL. Aquatic ecology effects will be mino and ipaian and aquatic habitats may be enhanced by ipaian planting undetaken in consultation with HBRC and mana whenua (efe to Poposed Conditions, HDC 2014d) NOISE The following objectives ae elevant to the WAL: NSO1 To manage the emission and mitigate the effects of noise so as to maintain and enhance the acoustic envionment ensuing no advese effects and no incompatibility with human activities. NSO2 To ensue the effects of noise upon people ae not advese to thei health The policies seeking to implement the objectives above that ae elevant to the WAL ae: NSP1 NSP5 NSP7 NSP8 Contol the emission levels of noise thoughout the Distict, based on existing ambient noise and accepted standads fo noise geneation and eceipt. Noisy constuction and demolition activities will be allowed subject to estictions to ensue the potection of the community fom excessive noise. Pogessively wok towads the eduction in exposue by the community to unacceptable levels of oad taffic noise. Have egad to the design and povision of effective noise mitigation on all new Regional and Distict Ateials, and Collecto Roads constucted in the Distict. ENVIRONMENTAL MANAGEMENT SERVICES 31

38 Noise effects fom the WAL have been assessed in the Noise Assessment (Hegley, 2014). The epot concludes: The noise fom the poposed WAL has been assessed against the New Zealand Taffic Noise Standad, NZS Analysis developed options using both oad suface and baie mitigation so that the design yea taffic noise levels will comply with the equiements of NZS The design team consideed both options befoe selecting the oad suface mitigation option as the best pacticable option fo the Whakatu Ateial. Unde the selected option, the Categoy A citeion of NZS 6806 will be met at all PPFs adjacent to the WAL. Based on this, it is concluded that the esulting noise levels to the suounding PPFs will be easonable and that any advese effects have been adequately mitigated. A peliminay assessment of noise fom typical constuction activities has shown that some mitigation to the noisie plant may be necessay when woking close to the most exposed houses. Thee ae pacticable options fo achieving the eductions equied. Howeve, due to the lage numbe of vaiables that affect constuction noise, the only pacticable method of managing the effects is by the pepaation of a Constuction Noise and Vibation Management Plan by the successful contacto. On the basis of this assessment, the WAL is consideed to be consistent with the above objectives and policies. 6.5 PROPOSED HASTINGS DISTRICT PLAN HDC notified the PHDP on 9 Novembe, The notification followed the elease of a daft document ealie in the yea. Submissions closed on the PHDP on 14 Febuay, 2014, and the futhe submissions pocess closed on 9 May, In accodance with Section 86B of the RMA, cetain povisions of the PHDP took immediate effect fom the date of notification. These wee: Section 18.1 Heitage Items and Notable Tees (cetain povisions); Section 16.1 Waahi Tapu (all povisions); Section 7.3 Hastings Commecial Envionment (cetain povisions in the Cental Chaacte Pecinct); Section 19.1 Ripaian Land Management and Public Access Distict Wide Activity (cetain povisions insofa as the aea is identified as significant) Section 20.1 Indigenous Vegetation and Habitats of Indigenous Fauna (cetain povisions insofa as the vegetation o habitat is identified as significant). None of these povisions ae elevant to the consideation of the WAL because thee ae no Heitage Items o Notable Tees affected; thee ae no Waahi Tapu affected; the WAL is not located within the Hastings Commecial Envionment; thee ae no aeas of significant ipaian land affected; and thee ae no aeas of significant indigenous vegetation o significant habitats of indigenous fauna affected. The emainde of the PHDP will not have any legal effect until afte decisions on submissions ae eleased. On that basis, thee ae no povisions of the PHDP with legal effect that ae elevant to the WAL. ENVIRONMENTAL MANAGEMENT SERVICES 32

39 Howeve, it is appopiate to assess the poposed WAL against the elevant objectives and policies of the PHDP in accodance with s.168a(3)(iv) and s.104(1)(b)(vi) of the RMA. Such an assessment is povided below. The PHDP Planning Maps elevant to the land whee the WAL will be located ae maps 27, 28, 36, 79 and 80. These maps ae included as Appendix D. The following points ae noted following a eview of these maps: The WAL cosses though Plains Poduction Zone and Geneal Industial Zoned land; A potion of the WAL passes though a Rive Hazad aea whee it cosses the Kaamu Steam; The WAL cosses Designation D55 Railway Puposes KiwiRail Holdings Ltd; The WAL cosses Ripaian Land Management Aea (List 1) Kaamu Steam; The WAL affects a potion of the Pakowhai County Pak Reseve identified as Open Space (4-02) on PHDP Planning Map 27; Thee ae no ecoded Cultual/Heitage sites affected; Thee ae no Landscape/Chaacte aeas, sites o featues (including significant tees) affected; Thee ae no Special Chaacte Aeas affected; Thee ae no tansmission stuctues o lines affected; and The WAL is not located within the unconfined aquife aea. On the basis of the above, the following discusses the elevant objectives and policies in the following elevant sections of the PHDP: Section 2.5 Tanspotation Stategy; Section 3.1 Tangata Whenua and Mana Whenua; Section 6.1 Plains Stategic Management Aea; Section 6.2 Plains Poduction Zone; Section 13.1 Open Space Envionments; Section 14.1 Industial; Section 15.1 Natual Hazads; Section 19.1 Ripaian Land Management and Public Access Distict Wide Activity; Section 22.1 Netwok Utilities Distict Wide Activity; Section 25.1 Noise; and Section 27.1 Eathwoks, Mineal, Aggegate and Hydocabon Extaction TRANSPORTATION STRATEGY (SECTION 2.5) The following objectives ae elevant to the WAL: OBJECTIVE TSO1 OBJECTIVE TSO4 OBJECTIVE TSO5 To establish and maintain a safe, efficient, and envionmentally appopiate oading netwok which mitigates the effects on the community. To pomote the effective co-odination and integation of oading development as well as othe tanspotation netwoks in the egion. To povide fo the effective, safe, and convenient use of non-vehicle based tanspotation on the Heetaunga Plains. The following policies ae elevant to the WAL and seek to implement the above objectives: POLICY TSP2 Minimise the exposue of the community to envionmental effects of inappopiate o unnecessay taffic on diffeent pats of the Distict s oading netwok. ENVIRONMENTAL MANAGEMENT SERVICES 33

40 POLICY TSP5 POLICY TSP6 Wok collaboatively with othe agencies with tanspot esponsibilities to achieve the integated management of the effects of tanspotation netwoks. Encouage the oppotunity to utilise altenative tanspotation modes thoughout the Distict. In tems of Objective TSO1 and TSO4, and Policies TSP2 and TSP5, the Heetaunga Plains Tanspotation Study identifies a numbe of oading pojects and lists the WAL as the highest pioity poject in tems of its stategic impotance. One of the key objectives of the WAL is to take heavy vehicle taffic off the esidential steets of Whakatu and SH2 and though to Napie, and divet this towads the Hawke s Bay Expessway. The WAL will also suppot the development of a feight distibution cente at Whakatu which will povide a moe efficient and integated ail / oad tanspotation system fo the Pot of Napie. In tems of Objective TSO5 and Policy TSP6, the WAL will povide fo non-vehicle based tanspotation on the Heetaunga Plains by way of the footpath and cycle way on the poposed bidge ove the Kaamu Steam. The WAL oad shouldes will also povide space fo cyclists along the emainde of the oute. Povision will be made fo the Hastings-Clive cycleway to coss the WAL via an undepass. The WAL is theefoe consistent with and suppoted by these objectives and policies TANGATA WHENUA AND MANA WHENUA (SECTION 3.1) The following policy is elevant to the WAL: POLICY TW2 To ecognise and povide fo those histoic sites of occupation and use in the Distict, and implement pocedues fo tangata whenua involvement egading any poposed excavation o constuction in and aound those identified aeas, o in the case of the discovey of any buial sites o Maoi atefacts. A potocol fo the accidental discovey of sites is appended to this section of the Plan. The Achaeological Assessment (Clough 2014) found that no pe-1900 achaeological sites along the poposed oute would be affected by the WAL, although thee ae achaeological sites and waahi tapu identified in the geneal vicinity. The epot ecommends that, at the constuction stage, povision should be made fo the possibility of unecoded achaeology being exposed duing eathwoks by developing compehensive accidental discovey potocols in consultation between the Council, Heitage New Zealand Pouhee Taonga (fomally the New Zealand Histoic Places Tust) and tangata whenua. These would ensue that if koiwi tangata (human emains), taonga (Maoi atefacts) o subsuface achaeological evidence is uncoveed duing constuction, wok would cease in the immediate vicinity of the emains so that appopiate action can be taken. It is poposed that this ecommendation be implemented by way of the poposed conditions (HDC 2014d). It is noted that thee is no potocol fo the accidental discovey of sites appended to the PHDP as noted in Policy TW2. Howeve, a daft Accidental Discovey Potocol has been developed fo the WAL (based on a successful template pocess used fo othe lage constuction pojects) and this has been submitted with the application documentation (HDC 2014e). Though the Poposed Conditions (HDC 2014d) this potocol is equied to be finalised pio to constuction commencing, in consultation with mana whenua. On the basis of the above, it is consideed that the WAL is consistent with Policy TW2. ENVIRONMENTAL MANAGEMENT SERVICES 34

41 6.5.3 PLAINS STRATEGIC MANAGEMENT AREA (SECTION 6.1) AND PLAINS PRODUCTION ZONE (SECTION 6.2) The following objectives ae elevant to the WAL: OBJECTIVE PSMO1 OBJECTIVE PP01 OBJECTIVE PPO3 OBJECTIVE PPO4 The land based poductive potential and open natue of the Plains envionment is etained. To ensue that the vesatile land acoss the Plains Poduction Zone is not fagmented o compomised by building and development. To etain the existing ual chaacte and amenity values of the Plains Poduction Zone. To enable the opeation of activities elying on the poductivity of the soil without limitation as a esult of evese sensitivities. The following policies ae elevant to the WAL and seek to implement the above objectives: POLICY PSMP3 POLICY PPP9 POLICY PPP10 POLICY PPP11 Requie that activities and buildings in the Plains envionment do not compomise the open natue and amenity aising fom land based poduction. Requie that any new development o activity is complementay to the open and low scale natue that compises the ual chaacte and amenity of the Plains Poduction Zone. Requie that any activity locating within the Plains Poduction Zone shall not have advese effects on the adjoining land uses. Noise levels fo activities should not be inconsistent with the chaacte and amenity of the Plains Poduction Zone. Objectives PSMO1, PPO1, PP03 and PP04 (and thei elated policies) eflect a continuation of the appoach of the Opeative HDP to identify and potect the unique qualities of the Plains Zone. On that basis, the assessment povided against PLO1, PL02 and PL04 (and thei elated policies) of the Opeative HDP in Section of this epot addesses these mattes. In summay, the WAL will ceate unavoidable effects on the Plains Zone, paticulaly though the loss of some 13.6 ha of Plains Zone land OPEN SPACE ENVIRONMENTS (SECTION 13.1) The following objective is elevant to the WAL: OBJECTIVE OSEO1 To povide sufficient open space to meet the pesent and likely futue eceational, consevation and visual amenity needs of the Distict. The analysis povided unde of this epot with egads to the effects of the WAL on the Pakowhai Regional Pak addess Objective OSE01. In summay, a concept plan has been developed and ageed with HBRC such that the WAL can be successfully integated with the Pakowhai Regional Pak. The WAL is theefoe consideed to be consistent with Objective OSE INDUSTRIAL (SECTION 14.1) The following objective and policy ae elevant to the WAL: OBJECTIVE IZO1 To facilitate efficient and optimum use and development of existing industial esouces within the Hastings Distict. ENVIRONMENTAL MANAGEMENT SERVICES 35

42 POLICY IZP1 Ensue that non-industial activities will emain ancillay to the pincipal activities taking place in the Industial Zones. The WAL is consistent with the above objective and policy as it will facilitate, and be ancillay to, the efficient and optimum use and development of the Whakatu Industial Aea by poviding a stategic oading link between SH2 and Pakowhai Road in ode to impove connections into and out of the Whakatu Industial Aea and though to the Hawke s Bay Expessway, Hawke s Bay Aipot and Pot of Napie NATURAL HAZARDS (SECTION 15.1) The following objective and policies ae elevant to the WAL: OBJECTIVE NHO1 POLICY NHP2 POLICY NHP5 Minimisation of the effects of natual hazads on the community and the built envionment. Manage land use activities in identified natual hazad aeas whee communities and esouces ae potentially at isk. Restict the establishment of activities which have the potential to incease the extent to which natual hazads have, o may have, an effect on human life o the natual and built envionment. The PHDP states that the Natual Hazad aea associated with the Kaamu Steam is based on a compute modelled 50 yea flood level in the Kaamu catchment and includes aeas of Hastings City. A small pat of the WAL is within this aea. These objectives and policies ae a continuation of the appoach adopted in the Opeative HDP and theefoe the analysis povided unde of this epot addesses these mattes. On the basis of that analysis, it is consideed that the WAL is consistent with Objective NHO1, and Policies NHP2 and NHP RIPARIAN LAND MANAGEMENT AND PUBLIC ACCESS DISTRICT WIDE ACTIVITY (SECTION 19.1) The following objectives and policy ae elevant to the WAL: OBJECTIVE RMO1 OBJECTIVE RMO2 POLICY RMP6 To potect aeas of the coastline and the magins of ives, lakes and steams that ae identified as being of significant, natual, cultual, o eceational value. To ecognise the impotance of the natual chaacte of the ipaian magins of the coastal envionment, wetlands, lakes and ives, potect them fom inappopiate subdivision, use and development and pomote thei pesevation and enhancement. To encouage and pomote the etention of indigenous ipaian vegetation, and the establishment of ipaian vegetation on the magins of the coastal envionment, wetlands, lakes and ives, and, whee appopiate, to equie new land use activities to avoid, emedy o mitigate the advese effects of land use on wate quality, including the etention and planting of ipaian vegetation. As descibed in the WAL Aquatic and Teestial Ecology Assessment (EAM 2014a) thee ae no aeas of significant indigenous vegetation o significant wetlands that will be affected by the WAL. Aquatic ecology effects will be mino and ipaian and aquatic habitats may be enhanced by ipaian planting associated with the Landscape Mitigation Plan fo the WAL NETWORK UTILITIES DISTRICT WIDE ACTIVITY (SECTION 22.1) The following objective and policies ae elevant to the WAL: ENVIRONMENTAL MANAGEMENT SERVICES 36

43 OBJECTIVE NUO1 POLICY NUP2 POLICY NUP4 To povide fo the safe, effective and efficient constuction, opeation, maintenance, eplacement, efubishment and upgading of Netwok Utilities, fo the social and economic wellbeing of the community, and whilst ecognising the technical and opeational equiements and constaints of Netwok Utilities. To enable the establishment and majo upgading of netwok utilities while ensuing that any significant advese effects on the envionment and adjoining land use ae avoided, emedied o mitigated. Recognise special technical and opeational equiements and constaints of Netwok Utilities including those associated with thei scale, location, design and opeation. The above objective and policies ecognise the impotance of netwok utilities, which include oads. The Heetaunga Plains Tanspotation Study identifies the WAL as the highest pioity oading poject in the egion. It will povide substantial economic benefits and impove the safety and efficiency of the tanspot netwok. The WAL is specifically intended to povide impoved connections between Whakatu and the Hawke s Bay Expessway and theefoe has highly specific locational equiements. The WAL is theefoe consistent with, and suppoted by, this objective and policies NOISE (SECTION 25.1) The following objectives and policies ae elevant to the WAL: OBJECTIVE NSO1 OBJECTIVE NSO2 POLICY NSP5 POLICY NSP7 POLICY NSP8 To manage the emission and mitigate the effects of noise so as to maintain and enhance the acoustic envionment ensuing no advese effects and no incompatibility with human activities. To ensue the effects of noise ae not advese to people s health. Noisy constuction and demolition activities will be allowed subject to estictions to ensue the potection of the community fom uneasonable noise Manage noise fom the oad netwok to ensue the community is not exposed to unacceptable levels of oad taffic noise. Have egad to the design and povision of effective noise mitigation on all new Regional and Distict Ateials, and Collecto Roads constucted in the Distict. The Noise Assessment (Hegley 2014) has concluded that mitigation measues ae available to adequately mitigate any advese noise effects to a easonable level (e.g. oad suface modification) as pat of the design of the WAL. The Noise Assessment consides that thee ae pacticable options available to achieve any necessay eductions which should be identified by the selected contacto and included in a Constuction Noise and Vibation Management Plan EARTHWORKS, MINERAL, AGGREGATE AND HYDROCARBON EXTRACTION (SECTION 27.1) OBJECTIVE EMO1 OBJECTIVE EMO4 POLICY EMP3 To enable eathwoks within the Hastings Distict while ensuing that the lifesuppoting capacity of soils and ecosystems ae safeguaded and advese effects on landscapes and human health and safety ae avoided, emedied o mitigated. To ensue that eathwoks and mineal extaction do not compomise outstanding natual featues, and histoic heitage featues. Potection of poductive soils within the Distict fom lage-scale stipping, stockpiling, alteation and emoval to ensue the land can still suppot a ange of poductive land uses. ENVIRONMENTAL MANAGEMENT SERVICES 37

44 POLICY EMP11 Histoic Heitage Featues will be potected fom the effects of eathwoks and mining activities. In tems of Objective EMO4 and Policy EMP11, thee ae no outstanding natual featues o landscapes o histoic heitage featues located within the WAL alignment that will be compomised by the eathwoks. With egad to Objective EMO1 and Policy EMP3, the WAL will esult in the loss of some 20 ha of land fom cuent poductive use, 13.6 ha of which ae within the Plains Poductive Zone. Howeve, the AEE has concluded that any potential advese effects of eathwoks on ecosystems, landscapes and human health and safety will be avoided, emedied o mitigated by way of the poposed WAL design and poposed conditions. The analysis povided unde section of this epot is also elevant, which outlines the appoach taken to minimising the unavoidable effects on the soil esouce associated with the constuction of a new ateial oad that must necessaily be located in a pedominantly ual aea. 6.6 OTHER POTENTIALLY RELEVANT PLANS AND STRATEGIES Thee ae a numbe of othe plans, stategies o documents (mostly non-statutoy) that ae potentially elevant to the WAL, which ae discussed as follows HERETAUNGA PLAINS URBAN DEVELOPMENT STRATEGY As noted ealie in this epot, HPUDS is a joint stategy adopted by the Napie City Council, HDC and HBRC in August The Stategy assists with planning fo uban gowth fo Napie/Hastings and the suounding aea fo the peiod Section 1.9 of HPUDS descibes the status of the Stategy as follows: The Stategy is a boad scale, long-tem, integated land-use and infastuctue stategy pepaed unde the famewok of the Local Govenment Act It will be used as a guide fo the futue development of the Heetaunga Plains. The Stategy will be implemented though tools such as the Regional Policy Statement, the Regional Land Tanspot Stategy and the Regional Land Tanspot Pogamme, Long Tem Council Community Plans, distict plans, and othe patne plans and stategies. Implementation will be suppoted by the Heetaunga Plains Patnes, Cental Govenment and othe applicable agencies. A key value and expectation of HPUDS is the Need fo efficient and effective tanspot coidos which povide fo a ange of tanspot modes to opeate. Section 5.31 of HPUDS deals with Tanspot, identifying the stong link between the HPUDS settlement patten and tanspot. That section identifies a numbe of issues, key appoaches and actions, including that aspects of HPUDS should be bought into the eview of the Regional Land Tanspot Stategy ( RLTS ) and that egionally significant tanspot coidos (including oad coidos) should be potected at an ealy stage (p135). HPUDS is eflected in, and given effect to, by the Heetaunga Plains Tanspotation Stategy, RLTS, discussed below, and the egional and distict plans (paticulaly PC4 to the RPS), discussed above. In shot, the need fo the WAL was identified and pioitised though the pocess initiated though HPUDS and the poject eceives stong suppot fom this Stategy HERETAUNGA PLAINS TRANSPORTATION STUDY The HPTS was commissioned by HBRC, New Zealand Tanspot Agency, HDC and Napie City Council, with the aim of the study being to: ENVIRONMENTAL MANAGEMENT SERVICES 38

45 ensue that people and goods ae moved to/fom and within the study aea with the least cost and fo the most benefit to the egion s economy while enhancing its social and cultual fabic and envionmental condition. In bief, the HPTS developed a tanspot model, applied it to futue land foecasts based on HPUDS, detemined deficiencies in the existing oad netwok and assessed altenatives to addess these deficiencies. It identified the investigation, design and constuction of the WAL as the highest shot tem pioity poject. The HPTS is clealy suppotive of the WAL. While the HPTS was in the natue of a technical study, with no oppotunity fo public involvement, it is consideed to be elevant in that it sought to implement HPUDS, which was subject to community input, and has since been implemented though the RLTS, which was also subject to public consultation HAWKE S BAY REGIONAL LAND TRANSPORT STRATEGY AND REGIONAL LAND TRANSPORT PROGRAMME The RLTS is a statutoy document pepaed unde the Land Tanspot Management Act 2003, and went though a pocess of public notification and submissions, befoe being adopted in It addesses stategic tanspot needs fo Hawke s Bay ove the peiod. The Regional Land Tanspot Pogamme ( RLTP ) is incopoated into the RLTS and identifies specific tanspot activities fo which the New Zealand Tanspot Agency (NZTA) and councils in the Hawke s Bay egion ae seeking national funding fo ove the next 10 yeas. This includes a 3 yea pogamme of confim pojects, as pat of the oveall 10 yeas stategy. The RLTS identifies the following esults that the vaious pojects ae designed to achieve: 1. a netwok which suppots economic gowth 2. a safe netwok 3. a netwok which meets sustainability, envionmental and community expectations 4. to maximise value fo money and the best etun on investment 5. to implement initiatives in a staged manne based on affodability and timely eviews and investigations Applying those objectives, the WAL was the top anked poject in the RLTS and RLTP and is confimed in the 3 yea confimed pogamme in the RLTP. The RLTS is clealy suppotive of the WAL, and it is consideed that this Stategy is equied to be taken into account unde s 104(1)(c) and s 168A(3)(d) RMA WHAKATU COMMUNITY PLAN The Whakatu Community Tust ( The Tust ) and HDC developed the Whakatu Community Plan ( WCP ) in with and fo the Whakatu community. The pupose of the WCP is to impove the social, cultual, envionmental and economic well-being of the community. The Plan povides a famewok outlining goals and actions to achieve the community vision: Whakatu 2016: A by its industial neighbous. village community that is fiendly, safe, thiving, and suppoted in a hamonious elationship The WCP identified fou top pioities duing consultation: Taffic safety; Industial activity; Beautification; and ENVIRONMENTAL MANAGEMENT SERVICES 39

46 Play equipment. The WCP then outlines a seies of goals and actions unde the following headings: Envionmental Goals; Social and Cultual Goals; and Economic Goals. The WAL will diectly contibute to impoved taffic safety in Whakatu by educing heavy vehicle taffic though esidential aeas. It will also suppot economic activity in Whakatu, as outlined in the Economic Impact Assessment (Bevin, 2014). The Landscape and Visual Assessment (Isthmus 2014) outlines a plan fo the beautification and enhancement of the aea aound the WAL, which is on the outskits of Whakatu. In geneal, it is consideed the WAL is geneally consistent with the WCP and suppots some of the goals identified in the plan. It noted that the cuent plan coves the peiod and that HDC ae in the pocess of updating the WCP to cove the next 10 yea peiod OPERATION PATIKI The Ngāti Hoi Feshwate Resouces Management Plan Opeation Patiki pesents Ngāti Hoi s pioities and objectives in elation to feshwate. Ngāti Hoi is a hapū of Ngāti Kahungunu ki Heetaunga. Ngāti Hoi ki Kohupatiki ae kaitiaki of the lowe Kaamu Steam and have a close and taditional elationship with the steam. Opeation Patiki povides a foundation fo Ngāti Hoi planning fo feshwate and epesents a continuous pocess of management, fom past to cuent times, of the Kaamu Steam and its esouces. It sets the following pioities fo feshwate, which ae based on Ngāti Hoi s values in the Kaamu Steam: Achieving sufficient wate flow; Impoving wate quality; Potection and estoation of taditional ipaian vegetation; and Potection and estoation of fish and fish habitat. Each pioity in the plan identifies associated issues, outcomes sought and methods to achieve those outcomes. Opeation Patiki is a poactive plan that seeks to initiate actions to achieve identified outcomes. It is elevant to conside the WAL in elation to the outcomes sought by Opeation Patiki. Comment is given below unde each of the pioity aeas identified. Achieving sufficient wate flow This pioity is pimaily concened with the effects of histoic ive divesions and steam widening that esult in low flow conditions in the Kaamu Steam. The WAL will not diectly esult in a eduction in flow in the Kaamu Steam, as thee ae no associated wate takes o divesions and the bidge pies ae located outside of the wet steam bed. Howeve, it is acknowledged that as pat of the WAL poject, HDC intends to complete pogammed ive widening woks in the vicinity of the new bidge on behalf of HBRC in ode to souce fill fo oad constuction puposes. These woks ae intended to be completed by HBRC egadless of the constuction of the WAL in the inteests of flood potection. ENVIRONMENTAL MANAGEMENT SERVICES 40

47 Impoving wate quality Opeation Patiki makes paticula mention of concen aound Stomwate unoff fom oads and the impact this may have on wate quality. The esults of the Aquatic and Teestial Ecology Assessment (EAM 2014a) ae elevant to this concen. The epot has consideed the impact of the stomwate dischages on the Kaamu Steam fom the WAL based on the Stomwate Management Plan (GHD 2014g) and Eosion and Sediment Contol Plan (GHD 2014h). These management plans popose a low impact design, which includes vegetated swales, sediment etention ponds (duing constuction) scuffy domes and othe measues to pe-teat unoff pio to enteing the Kaamu Steam, and a ange of envionmental pefomance standads that ae to be monitoed and achieved. The assessment concludes that if the poposed teatment measues and pefomance standads ae caied out as descibed to ensue that sediment and eosion and stomwate unoff is managed so as little as possible entes the Kaamu Steam then significant contamination fom this souce is consideed unlikely and effects to aquatic ecosystems and wate quality ae consideed to be mino. Potection and estoation of taditional ipaian vegetation HDC ae making a contibution to ipaian planting along the Kaamu Steam to suppot existing initiatives (see Poposed Conditions HDC 2014d). This will suppot the outcomes sought by Opeation Patiki. Potection and estoation of fish and fish habitat The comments above in elation to the esults of the Aquatic and Teestial Ecology Assessment (EAM 2014a) ae elevant with egads to impacts on fish and fish habitats. The contibutions to ipaian planting noted above will suppot the inceased potection of existing habitats, and the ceation of, additional habitats. It is also noted that Opeation Patiki povides a seies of Consultation Guidelines. Consultation with mana whenua is outlined in the Assessment of Envionmental Effects (EMS 2014b) and it is consideed that the pocess taken is geneally consistent with these guidelines HBRC WATERWAY DESIGN GUIDELINES The HBRC Wateway Design Guidelines povide guidance fo woks in and adjacent to ives and steams, and to assist with sediment contol duing constuction and distubance wok in these aeas. These guidelines have been taken into account as pat of the pepaation of the Daft Constuction Envionmental Management Plan (GHD 2014i) and the poposed conditions of consent (HDC 2014d) TE KARAMU CATCHMENT REVIEW AND OPTIONS FOR ENHANCEMENT The Te Kaamu Catchment Review and Options fo Enhancement document was pepaed by HBRC in 2004 to guide futue activities in the Kaamu Steam and suounding catchment. It is a guideline document that pesents possible options fo enhancement activities. Key issues identified fo the Kaamu Steam include: Widening woks to manage flood isk; The emoval of the sewe pipes that coss the Kaamu; and The emoval of the flood gates. While not diectly elevant to the WAL, contibutions made by HDC fo ipaian planting (see Poposed Conditions HDC 2014d) can suppot and enhance the initiatives of this plan. ENVIRONMENTAL MANAGEMENT SERVICES 41

48 7 OTHER TESTS RELEVANT TO NOTICE OF REQUIREMENT While the analysis above has applied boadly both to the NOR and esouce consents equied fo the WAL, thee ae additional tests in s 168A(3)(b) and (c) which apply to the NOR only. Section 168A(3)(b) elates to the equiing authoity s consideation of altenatives. HDC went though a obust and thoough pocess fo consideing altenatives, and this is detailed in the Altenatives Assessment (EMS 2014b). Section 168A(3)(c) elates to whethe the wok and designation ae easonably necessay fo achieving the objectives of the equiing authoity fo which the designation is sought. This equies consideation of the easonable necessity of both the poposed oad itself and the legal method of secuing the oute though designation. The objectives of the Requiing Authoity fo the WAL ae to enhance and impove the safety and efficiency of the tanspot netwok of the distict and egion so as to: Impove accessibility fo individuals and businesses and suppot economic gowth and poductivity; Povide convenient, efficient and safe access fo feight movements to and fom the Whakatu Industial Aea; Pomote the use of the Hawke s Bay Expessway fo the oad tanspot of feight and vehicles between the Whakatu Industial Aea and the Pot of Napie; Povide convenient, efficient and safe access between Havelock Noth and the Napie/Hastings Aipot and Napie s noth-westen employment and esidential aeas; and Enhance the safety of the Whakatu esidential aea by educing feight movements though it. In tems of whethe the wok is easonably necessay to give effect to these objectives, it is consideed that the WAL will achieve all of these objectives, wheeas the do nothing appoach would not achieve any, to the detiment of the Hastings Distict and wide egion. As outlined above and elsewhee in the documentation in suppot of the WAL, the RLTS and HPTS have identified the WAL as the highest pioity poject fo the Hawke s Bay egion. As well as poviding an efficient feight oute, the WAL achieves the objectives by poviding significant safety impovements, both in tems of emoving taffic fom esidential aeas in Whakatu and by impoving the intesections at Napie Road and State Highway 2, Pilche Road and State Highway 2 and Ruahapia Road and Pakowhai Road. As outlined in the Altenatives Assessment (EMS 2014b), a numbe of altenative outes and options have been consideed thoughout the pocess leading to the finalisation of the poject which is now sought to be designated. While those vaious oute altenatives would have given effect to some o all of the objectives to a lesse o geate extent, HDC consides that the oute it has selected was the best option having egad to a numbe of factos, which encompassed both the poject objectives and envionmental and cultual concens. It is consideed that the WAL is easonably necessay fo achieving the poject objectives. ENVIRONMENTAL MANAGEMENT SERVICES 42

49 In tems of whethe the designation as a method is easonably necessay, it is consideed that thee is no altenative method that would ensue the objectives could be achieved. The easons fo this ae set out in the NOR, namely: It will allow the poject to be constucted, opeated and maintained notwithstanding anything to the contay in the HDP o PHDP. This is paticulaly impotant whee the wok extends ove vaious popeties held in pivate and public owneship with diffeent zoning unde the Distict Plan; It will allow the land equied to be identified in the Hastings Distict Plan, giving a clea indication of the intended use of the land; It will enable the WAL to be undetaken in a compehensive and integated manne; It will potect the poposed oute fom futue development which may othewise peclude the constuction of the wok. The altenatives to designation as a method ae consideed in the Altenatives Assessment (EMS 2014b). The main altenatives ae to seek to secue the ights to constuct the WAL by esouce consents and though popety negotiations. Given the linea natue of the WAL and the vaying zones though which the poject passes, it is consideed inefficient to adopt an appoach othe than seeking designation. A designation is consideed easonably necessay to achieve the objectives. ENVIRONMENTAL MANAGEMENT SERVICES 43

50 8 PART 2 OF THE RMA The mattes to be consideed unde sections 168A and 104 of the RMA ae subject to Pat 2 Pupose and Pinciples of the RMA. Specific sections within Pat 2 ae assessed below, howeve as an oveaching comment it is noted that Pat 2 mattes wee sought to be ecognised and povided fo at the ealiest stages of design fo the WAL. This was achieved pimaily though the EBD Pocess (as moe fully descibed in the Altenatives Assessment, EMS 2014b). The EBD Woking Goup undetook a multi-citeia analysis pocess to identify a pefeed oute options fo the WAL. This analysis was ultimately applied to fou potential oute options. The citeia identified and developed by the Woking Goup fo this pocess wee all linked to Pat 2 impeatives, as summaised in the following except fom the EBD Woking Goup Repot povided as Appendix A to the Altenatives Assessment Repot (EMS 2014b). These citeia diectly infomed the selection of the pefeed alignment fo the WAL. Except fom Appendix A of the Altenatives Assessment Repot (EMS 2014b): Enquiy by Design Woking Goup Repot, Table 5 Ageed Assessment Citeia and Rating Guide (pat of table shown) Citeion 1. Effects on Poductive Land Use, Existing Use and Infastuctue and Development Oppotunities 2. Receation and Touism Effects and Oppotunities Relevant RMA Pat 2 Mattes Section 5 specifies people and communities economic well-being as an impotant component when consideing sustainable management. Section 7(b) elates to the efficient use and development of natual and physical esouces, 7(f) to the maintenance and enhancement of the quality of the envionment, and 7(g) elates to any finite chaacteistics of natual and physical esouces (including soils) as mattes to have paticula egad to. Section 5 specifies that sustainable management means managing the use, development, and potection of natual and physical esouces in a way, o at a ate, which enables people and communities to povide fo thei social well-being. Section 6(a) efes to the pesevation of the natual chaacte of wetlands and lakes and ives and thei magins, and the potection of them fom inappopiate subdivision, use and development, and Section 6(d) specifies the maintenance and enhancement of public access to and along lakes and ives as mattes of national impotance that must be ecognised and povided fo. Section 7(c) elates to the maintenance and enhancement of amenity values and 7(f) to maintenance and enhancement of the quality of the envionment as mattes to have paticula egad to. 3. Effects on Natual Values Section 5 specifies safeguading the life-suppoting capacity of wate and ecosystems as impotant components when consideing sustainable management. Section 6(a) efes to the pesevation of the natual chaacte of wetlands and lakes and ives and thei magins, and the potection of them fom inappopiate subdivision, use and development, and section 6(c) efes to the potection of aeas of significant indigenous vegetation and significant habitats of indigenous fauna. Both ae mattes of national impotance that must be ecognised and povided fo. Section 7(a) elates to kaitiakitanga, section 7(aa) to the ethic of ENVIRONMENTAL MANAGEMENT SERVICES 44

51 Citeion 4. Effects on Existing Local Communities 5. Effects Associated with Tāngata Whenua Values including Histoic Heitage, Achaeological Sites and Histoic Places Relevant RMA Pat 2 Mattes stewadship, 7(c) the maintenance and enhancement of amenity values, 7(d) to intinsic values of ecosystems, 7(f) to maintenance and enhancement of the quality of the envionment, 7(g) to any finite chaacteistics of natual and physical esouces, and section 7(h) to the potection of the habitat of tout and salmon. Paticula egad must be given to all of these mattes in tems of ive and wetland ecological values. Section 5 specifies that sustainable management means managing the use, development, and potection of natual and physical esouces in a way, o at a ate, which enables people and communities to povide fo thei social, economic and cultual well-being. Section 7(aa) elates to the ethic of stewadship, 7(b) the efficient use and development of natual and physical esouces, 7(f) the maintenance and enhancement of the quality of the envionment which have to be had paticula egad to in elation to existing communities. Section 5 specifies that sustainable management means managing the use, development and potection of natual and physical esouces in a way, o at a ate, which enables people and communities to povide fo thei social, economic and cultual well-being. Section 6(e) specifies the elationship of Maoi and thei cultue and taditions with thei ancestal lands, wate, sites, waahi tapu, and othe tāonga as a matte of national impotance to be ecognised and povided fo. Section 7(a) states that all pesons execising functions and powes unde it, in elation to managing the use, development, and potection of natual and physical esouces, shall have paticula egad to kaitiakitanga. Section 8 specifies that in achieving the pupose of the RMA, all pesons execising functions and powes unde it, in elation to managing the use, development and potection of natual and physical esouces, shall take into account the pinciples of the Teaty of Waitangi (Te Tiiti o Waitangi). 6. Economic Benefits and Costs Section 5 specifies that sustainable management means managing the use, development and potection of natual and physical esouces in a way, o at a ate, which enables people and communities to povide fo thei social, economic and cultual well-being. Section 7(b) elates to the efficient use and development of natual and physical esouces. 7. Taffic and Community Safety Section 5 specifies that sustainable management means managing the use, development, and potection of natual and physical esouces in a way, o at a ate, which enables people and communities to povide fo thei social, economic and cultual well-being. 8. Connectivity Section 7(aa) elates to the ethic of stewadship, 7(b) the efficient use and development of natual and physical esouces, 7(f) the maintenance and enhancement of the quality of the envionment which have to be had paticula egad to in elation to existing communities. ENVIRONMENTAL MANAGEMENT SERVICES 45

52 8.1 PURPOSE OF THE RMA The conestone of Pat 2 is the Pupose of the RMA as set out in section 5(1), which is: To pomote the sustainable management of natual and physical esouces. Section 5(2) of the RMA defines sustainable management as: Managing the use, development and potection of natual and physical esouces in a way o at a ate which enables people and communities to povide fo thei social, economic, and cultual wellbeing and fo thei health and safety while- (a) Sustaining the potential of natual and physical esouces (excluding mineals) to meet the easonably foeseeable needs of futue geneations; and (b) Safeguading the life-suppoting capacity of ai, wate, soil and ecosystems; and (c) Avoiding, emedying o mitigating any advese effects of activities on the envionment. The pomotion of sustainable management equies an oveall boad judgement of whethe a poposal will meet the equiements of section 5(2) of the RMA. The appoach ecognises that the RMA has a single pupose sustainable management. Such a judgement allows fo the compaison of conflicting consideations and the scale o degee of them and thei elative significance o popotion in the final outcome. In tems of section 5 of the RMA, the poposed WAL will enable people and communities to povide fo thei social and economic well-being and fo thei health and safety though the inceased tanspotation efficiency and taffic safety povided by the WAL. In addition, the WAL will enable a ange of paties to povide fo thei social, economic, and cultual well-being though the ceation of employment and associated economic activity. The key findings of the epot Local and Regional Extenal Economic Effects Assessment (Bevin, 2014) summaises the oveall economic benefit of the oad: Except fom the WAL Economic Impact Assessment (Bevin, 2014): Table 6: Hawke s Bay Region Total Value Added Impacts of Poposed New WAL in Discounted Net Pesent Value Tems Ove a 30-Yea peiod Total Value Added Impact Ove 30 Yeas in Discounted Net Pesent Value (NPV) Tems In $M Activity Road Constuctio n Ongoing Road Maintenanc e New Industy Developm ent Lost Pipfuit Poducti on Net Impact Incease in Net Value- Added 1. Without The New Road With the new WAL oad and associated steady industy development. (But excluding a majo new feight distibution cente opeating in the Whakatu industial aea) As in Point 2 above but also including the establishment of a majo new feight distibution cente in Whakatu The esults in the table indicate an appoximate $114 million o almost doubling in the oveall goss egional Value Added/GDP impact of the poposed WAL fo the 30-yea peiod, compaed to the existing situation. If, in addition to the WAL, a specialised feight distibution cente is subsequently developed in the ENVIRONMENTAL MANAGEMENT SERVICES 46

53 Whakatu aea, it is estimated that ove the foecast peiod this will incease the total net Value Added impact of the oad at the egional level by a futhe appoximately $252 million. To the extent that pat of the total funding equiement fo the constuction and/o opeation-maintenance of the new oad is met fom existing egional esouces, the oveall economic impact will be commensuately lowe. The WAL is a key stategic oading poject povided fo though the HPTS and HPUDS egional planning documents. The effects on the envionment associated with the WAL have been addessed in the AEE (EMS 2014b), and it is concluded that, with the Poposed Conditions (HDC 2014d), the effects of the activity on the envionment will be no moe than mino o othewise appopiately managed and/o addessed. On the basis of the above, it is consideed that the WAL is consistent with Pat 5 of the RMA. 8.2 MATTERS OF NATIONAL IMPORTANCE Section 6 of the RMA sets out the mattes of national impotance that must be ecognised and povided fo in managing the use, development and potection of natual and physical esouces: (a) The pesevation of the natual chaacte of the coastal envionment (including coastal maine aea) wetlands and lakes and ives and thei magins and the potection of them fom inappopiate subdivision, use and development: (b) The potection of outstanding natual featues and landscapes fom inappopiate subdivision, use and development: (c) The potection of aeas of significant indigenous vegetation and significant habitats of indigenous fauna: (d) The maintenance and enhancement of public access to and along the coastal maine aea, lakes and ives: (e) The elationship of Maoi and thei cultue and taditions with thei ancestal lands, wate, waahi tapu, and othe taonga; (f) The potection of histoic heitage fom inappopiate subdivision, use and development; (g) The potection of ecognised customay activities. A numbe of the mattes listed in section 6 of the RMA equie the potection of vaious aspects of the envionment fom inappopiate subdivision, use and development. The WAL is not consideed to be an inappopiate fom of development. The necessity fo the oad has been assessed in the Heetaunga Plains Tanspotation Study, infomed by and suppoting HPUDS, which confimed the WAL as the highest pioity oading poject in the egion. Futhe, though the EBD pocess, the poposed location and oute of the WAL has been caefully consideed and assessed against multiple citeia in ode to identify a oad coido that achieves the objectives of the oad whilst minimising envionmental, cultual and social impacts. Futhe, the objectives and policies in the elevant statutoy instuments (discussed above) ecognise, povide fo, and in some cases encouage the type of activities poposed in paticula RRMP PC4 which seeks to assist with the implementation of HPUDS. Detailed investigations have been undetaken to futhe conside the mattes listed in section 6 of the RMA as follows. The mattes listed in sections 6(a) and (b) have been consideed in the epot Whakatu Ateial Landscape and Visual Assessment (Isthmus 2014). The assessment includes a consideation of biophysical effects, which it defines as the extent and significance of modifications to landfom, wateways and vegetation. Modeate biophysical effects have been identified, howeve it is concluded that these effects ae able to be managed, ae likely to be tempoay, and the effects will be negligible ENVIRONMENTAL MANAGEMENT SERVICES 47

54 o nil in the long tem as the WAL and associated mitigation woks ae assimilated into the existing biophysical landscape Thee ae no outstanding natual featues o landscapes affected by the WAL. In tems of section 6(c), the epot Whakatu Ateial Aquatic and Teestial Ecology Assessment (EAM 2014a) has confimed that thee ae no aeas of significant indigenous vegetation and significant habitats of indigenous fauna that will be affected by the WAL. In tems of section 6(d), the WAL will not educe public access to o along the Kaamu Steam. Existing cycle tacks and connections will be povided fo, and cyclists will enjoy impoved safety though the closue of Ruahapia Road. Futhe, this oad closue will significantly educe taffic on Ruahapia Road, impoving connections between Ruahapia Maae and the Kaamu Steam. The discussion in Section above in elation to the section of the RRMP elating to Recognition of Mattes of Significance to Iwi/Hapū is elevant to sections 6(e), (f) and (g) of the RMA, paticulaly in espect of the findings of the Cultual Impact Assessment (Ipuangi Developments 2014). In addition, the Achaeological Assessment (Clough 2014) addesses the mattes of elevance to section 6(f). Thee ae no known o identified achaeological sites within the poposed oad coido. Should an achaeological site be discoveed duing woks associated with the constuction of the WAL, an Accidental Discovey Potocol has been pepaed (HDC 2014e) to ensue a legally and cultually appopiate esponse. Fo the easons outlined, it is consideed that the WAL is consistent with Section 6 of the RMA. 8.3 OTHER MATTERS Section 7 of the RMA sets out the mattes that paticula egad must be had to in managing the use, development and potection of natual and physical esouces: (a) (aa) (b) (ba) (c) (d) (e) (f) (g) (h) (i) (j) kaitiakitanga: the ethic of stewadship: the efficient use and development of natual and physical esouces: the efficiency of the end use of enegy: the maintenance and enhancement of amenity values: intinsic values of ecosystems: [Repealed] maintenance and enhancement of the quality of the envionment: any finite chaacteistics of natual and physical esouces: the potection of the habitat of tout and salmon: the effects of climate change: the benefits to be deived fom the use and development of enewable enegy. Most aspects of sections 7 of the RMA ae elevant to the WAL. In tems of section 7(a), the pocesses of consultation undetaken with mana whenua (peviously discussed), in paticula though the EBD pocess whee mana whenua epesentatives had diect input at the ealiest stages of oad design, oppotunities to execise kaitiakitanga have been povided. Sections 7(aa) and 7(b) ae closely elated. As peviously identified, the WAL is the highest pioity oading poject in the egion and will geneate substantial benefits. Though the EBD pocess which involved key stakeholdes fom a ange of backgounds and inteests, the location and oute of the WAL have been caefully consideed to minimise impacts whilst achieving the objectives of the new ateial link. It is consideed that this pocess is consistent with sections 7(aa) and 7(b). ENVIRONMENTAL MANAGEMENT SERVICES 48

55 Section 7(c) equies that paticula egad be had to the maintenance and enhancement of amenity values. Amenity values ae defined in section 2 of the RMA as being: those natual o physical qualities and chaacteistics of an aea that contibute to people s appeciation of its pleasantness, aesthetic coheence, and cultual and eceational attibutes. Closely elated to section 7(c), section 7(f) equies that paticula egad be had to the maintenance and enhancement of the quality of the envionment, which is boadly defined in section 2 of the RMA as follows: Envionment includes- Ecosystems and thei constituent pats, including people and communities; and All natual and physical esouces; and Amenity values; and The social, economic, aesthetic, and cultual conditions which affect the mattes stated in paagaphs (a) to (c) of this definition o which ae affected by those mattes. These mattes ae pimaily addessed in the WAL Landscape and Visual Assessment (Isthmus 2014). It identifies a ange of effects, with the highest effects elating to visual amenity effects fo esidents close to SH2, and effects on Pakowhai Regional Pak. A ange of mitigation measues ae poposed to addess these effects (and adopted though the Poposed Conditions) and the assessment concludes that ove time, the WAL is expected to be integated into the landscape as its components become less visible, and the poposed gass and planting establishes and matues. The WAL Aquatic and Teestial Ecology Assessment (EAM 2014a) addesses the mattes in tems of section 7(d). It notes that impacts ae low, and indeed the WAL pesents oppotunities fo ecological enhancement though ipaian planting. Section 7(g) of the RMA is elevant to the WAL, in tems of the loss of poductive soils. Poductive soils ae a finite esouce of paticula value to the Hawke s Bay egion. The Poductive Land Use Assessment (AgFist 2014) notes that appoximately 20 ha of poductive land will be emoved by the WAL, 13.6 ha of which ae located within the valuable Plains Zone. Given the paticula locational equiements of the WAL, this is an unavoidable effect associated with the constuction of a new ateial oad in a pedominantly ual aea. It is noted that the oute option ecommended by the EBD Woking Goup eceived a aw scoe of 3 out of 5 fo effects on poductive land. Othe options scoed both highe (i.e. less effect) and lowe (i.e. moe effect). None of the 4 options consideed completely avoided these effects. The only option that had a lesse effect on poductive land (Option 2) had inceased advese effects ove the pefeed option fo eceation and touism, existing communities, cultual and heitage mattes and taffic and community safety and had an oveall lowe Benefit Cost Ratio. Oveall, Option 2 anked 3 d out of the 4 options consideed. Oveall, it is consideed that the unavoidable loss of poductive soils that will esult fom the constuction of the WAL is consideed to be easonable, when balanced against the effects of altenative oute options, and the boade economic, tanspotation and safety benefits povided by the WAL. In tems of section 7(h), the Aquatic and Teestial Ecology Assessment (EAM 2014a) notes that with suitable ipaian buffes and the use of well vegetated swales, the effects of the WAL on feshwate fish population can be minimised and with subsequent gowth of the ovehanging ipaian cove the habitat will be impoved. It is also noted that the Kaamu system as a whole is somewhat esticted in its ENVIRONMENTAL MANAGEMENT SERVICES 49

56 caying capacity due to baies to fish movement cutting off lage eaches of habitat fo non-climbing species, howeve the WAL poposal has no in steam stuctues to exacebate this situation. In tems of section 7(i), the effects of climate change ae elevant to the WAL. The incidence of natual hazads (e.g. stom and flooding events) may be inceased by the effects of climate change. Natual hazads ae consideed in the epot Whakatu Ateial Natual Hazad Assessment (GHD 2014d). In the Whakatu Ateial Tanspotation Assessment (GHD 2014b), tavel time and vehicle opeating cost savings have been assessed as pat of an economic assessment of the new oad. The analysis shows that the inceased efficiency of the tanspot netwok povided by the WAL offes vehicle opeating cost savings associated with educed tavel times. This analysis is pesented below: Constuction Yea Tavel time cost savings $57.8M $51.2M $43.4M $36.5M $30.3M $24.9M $20.3M $16.5M VOC savings $18.7M $16.1M $13.2M $10.7M $8.6M $6.9M $5.5M $4.4M Accident Savings $26.2M $20.5M $15.2M $11.3M $8.4M $6.3M $4.7M $3.5M PV total net benefits $102.7M $87.8M $71.8M $58.5M $47.4M $38.1M $30.5M $24.3M PV total net costs $18.6M $14.8M $11.0M $8.2M $6.2M $4.6M $3.4M $2.6M BCR FYRR BCR (excl accidents) Key to Table 11: VOC Vehicle Opeating Costs, PV Pesent Value, and BCR Benefit Cost Ratio This efficiency gain fo the tanspot netwok can povide a eduction in fuel use, poviding a potential benefits in tems of climate change though educed geenhouse gas emissions. Section 7(j) is not elevant to the WAL. 8.4 TREATY OF WAITANGI Section 8 of the RMA states: In achieving the pupose of this Act, all pesons execising functions and powes unde it, in elation to managing the use, development, and potection of natual and physical esouces, shall take into account the pinciples of the Teaty of Waitangi (Te Tiiti o Waitangi). While thee is no compehensive o authoitative list of pinciples of the Teaty of Waitangi available fo consideation, case law has indicated that these may include pinciples of active potection, good faith consultation and communication, and a spiit of patneship. The Cultual Impact Assessment (Ipuangi Developments 2014) notes that: Fo the pupose of this epot: the pinciples of the Teaty of Waitangi have been intepeted as follows: Effective consultation Good faith engagement with mana whenua Cultually appopiate conduct in engagement that is mutually appopiate to both mana whenua and the statutoy constaints of the Council As discussed above, mana whenua have been engaged thoughout the design and assessment pocess associated with the WAL. Though the EBD pocess in paticula, as a key stakeholde mana whenua wee able to diectly infom and influence design decisions at the ealiest stages. Thee have also been a ENVIRONMENTAL MANAGEMENT SERVICES 50

57 seies of epot back sessions to maae in the aea of the WAL, and the Cultual Impact Assessment pocess included a seies of inteviews with individuals and small goups in ode fo any additional cultual mattes of concen to be accuately identified and epoted. It is consideed that this pocess eflects the pinciples of the Teaty of Waitangi. ENVIRONMENTAL MANAGEMENT SERVICES 51

58 9 CONCLUSION HDC is seeking all necessay appovals fo the WAL unde the RMA by way of: A NOR) will be lodged with HDC fo the poposed oad coido; and Resouce consent applications will be lodged with HBRC fo all othe aspects of the WAL that ae not Pemitted Activities. The NOR has been assessed in elation to the mattes in section 168A of the RMA. The activities associated with the WAL fo which esouce consent applications have been lodged with HBRC include Discetionay Activities and have been assessed in elation to the mattes in section 104 of the RMA. The WAL has been consideed in elation to the elevant mattes specified in sections 168A and 104 of the RMA as applicable. Oveall, it is concluded that the WAL is consistent with the elevant objectives and policies in the statutoy instuments that ae elevant to the NOR and the esouce consent applications. In conclusion, it is consideed that the WAL is consistent with the pupose and pinciples of the RMA. ENVIRONMENTAL MANAGEMENT SERVICES 52

59 Planning Assessment May 2014 APPENDIX A PLAN SET - WHAKATU ARTERIAL LINK ENVIRONMENTAL MANAGEMENT SERVICES

60 N 22 OAD ER N A GI T RAN 24 SHOWN LEGAL DESCRIPTION CERTIFICATE OF TITLE PROPERTY OWNER LAND REQUIRED FOR ROAD (m²) 12 LOT 1 DP APOLLO PAC LIMITED 9432m² 13 LOT 2 DP LUCKNOW HOLDINGS LIMITED 18590m² 19 Lot 3 DP HBP2/719 ANDREW BRYAN DILLON AND CDT 11 LIMITED 7625m² 20 Pt LOT 1 DP HBP2/717 LUCKNOW HOLDINGS LIMITED 12831m² 14, 15, 17, 18 LOT 4 DP , PART LOT 3 DP 12384, SECTION 1 SO 10514, & PART SECTION 15 BLOCK XVI HERETAUNGA SD & GAZETTE NOTICES 1991 p3458 & p3394 HAWKE'S BAY REGIONAL COUNCIL 7065m² 16, RIVER BED N/A CROWN 1106m² 22 PT CLIVE RIVER BED GN1976 P198 HBRC 425m² 23 LOT 1 DP 7876 HB128/153 HASTINGS DISTRICT COUNCIL 720m² 24 PT LOT 4 DP 6514 GAZETTE NOTICE 1940 p2349 HAWKE'S BAY REGIONAL COUNCIL 293m² 25 LOT 1 DP SILVERFERN FARMS 3480m² 26 ROAD RESERVE ROAD RESERVE 3378m² 23 P A WH O AK D OA R I 27504m² LAND BALANCE 20 CLOSURE OF RUAHAPIA ROAD/ PAKOWHAI ROAD INTERSECTION 24168m² LAND BALANCE AH RU m² LAND BALANCE IA AP 82008m² LAND BALANCE 18 RO 53501m² LAND BALANCE AD U AT AK WH 13 AK WH AD RO D OA UR AT KEY: SEDIMENTATION POND 6490m² LAND BALANCE m² LAND BALANCE Y WA L I RA DE AN AD RO N O RS 5565m² LAND BALANCE 4132m² ROAD RESERVE FOR EXCHANGE PLAN SCALE 1:2000 DO NOT SCALE SCALE 1:2000 AT ORIGINAL SIZE No Revision Plot Date: Note: * indicates signatues on oiginal issue of dawing o last evision of dawing 26 June :59 p.m. Plotted by: Lindsay Wight Dawn Job Manage Cad File No: Poject Diecto GHD Limited 100m Date N:\NZ\Chistchuch\Pojects\51\31468 Whakatu\CADD\Dawings\ SK071_SK072 OPT7.dwg 134 Queen Steet East Hastings 4156, New Zealand T F W Conditions of Use. This document may only be used by GHD's client (and any othe peson who GHD has ageed can use this document) fo the pupose fo which it was pepaed and must not be used by any othe peson o fo any othe pupose. Dawn N. MACKIE Designe N. DEVERY Design Check Dafting Check 1:2000 Poject Title Appoved (Poject Diecto) Date Scale Client This Dawing must not be used fo Constuction unless signed as Appoved Oiginal Size A SK071 E

61 SHOWN LEGAL DESCRIPTION CERTIFICATE OF TITLE PROPERTY OWNER LAND REQUIRED FOR ROAD (m²) 9 LOT 1 DP MR APPLE NEW ZEALAND LIMITED 21659m² 10 Pt LOT 2 DP 5370 HB119/112 ENZA GROUP SERVICES LIMITED 31479m² N Y WA L I RA DE AN AD RO N O RS KEY: SEDIMENTATION POND m² LAND BALANCE m² LAND BALANCE m² LAND BALANCE PLAN SCALE 1:2000 DO NOT SCALE SCALE 1:2000 AT ORIGINAL SIZE No Revision Note: * indicates signatues on oiginal issue of dawing o last evision of dawing Plot Date: 16 May :58 p.m. Plotted by: Lindsay Wight Dawn Job Manage Cad File No: Poject Diecto GHD Limited 100m Date N:\NZ\Chistchuch\Pojects\51\31468 Whakatu\CADD\Dawings\ SK071_SK072 OPT7.dwg 134 Queen Steet East Hastings 4156, New Zealand T F W Conditions of Use. This document may only be used by GHD's client (and any othe peson who GHD has ageed can use this document) fo the pupose fo which it was pepaed and must not be used by any othe peson o fo any othe pupose. Dawn N. MACKIE Designe N. DEVERY Design Check Dafting Check 1:2000 Poject Title Appoved (Poject Diecto) Date Scale Client This Dawing must not be used fo Constuction unless signed as Appoved Oiginal Size A SK072 D

62 STATE HIGHWAY m² LAND BALANCE m² LAND BALANCE PILCHER ROAD 24253m² LAND BALANCE 358m² LAND BALANCE SHOWN LEGAL DESCRIPTION CERTIFICATE OF TITLE PROPERTY OWNER LAND REQUIRED FOR ROAD (m²) 2 Pt LOT 1 DP 432 B4/444 MARGARET RUTH WEDD, DIANNE REBECCA WARD & ROBIN JOSEPH BELL 371m² 3 Pt LOT 2 DP HBG2/1225 MARGARET RUTH WEDD, DIANNE REBECCA WARD & ROBIN JOSEPH BELL 5548m² 4 Pt LOT 1 DP HBG2/1224 MARGARET RUTH WEDD, DIANNE REBECCA WARD & ROBIN JOSEPH BELL 13925m² 5 Lot 3 DP HBG2/1226 MARGARET RUTH WEDD, DIANNE REBECCA WARD & ROBIN JOSEPH BELL 8875m² 6 Pt LOT 2 DP HBE2/969 OMAHURI ORCHARDS LIMITED 9547m² 7 Lot 2 DP & LOT 1 DP MR APPLE NEW ZEALAND LIMITED 22071m² 8 Lot 1 DP GABRIELLE MAUREEN HALEY, MICHAEL JOSEPH HALEY & INDEPENDENT TRUST COMPANY (2006) LIMITED 187m² m² LAND BALANCE 47215m² LAND BALANCE 8 6 N m² LAND BALANCE NAPIER ROAD 15087m² LAND BALANCE NOTE: STATED LAND AREAS ARE INDICATIVE AND SUBJECT TO THE FINAL DETAILED DESIGN OF THE ROAD CONSTRUCTION m² LAND BALANCE KEY: INDICATIVE EXISTING ROAD DESIGNATION HELD BY NZTA m² LAND BALANCE SEDIMENTATION POND 2 PLAN SCALE 1:2000 DO NOT SCALE SCALE 1:2000 AT ORIGINAL SIZE No Revision Note: * indicates signatues on oiginal issue of dawing o last evision of dawing Plot Date: 16 May :01 p.m. Plotted by: Lindsay Wight Dawn Job Manage Cad File No: Poject Diecto GHD Limited 100m Date N:\NZ\Chistchuch\Pojects\51\31468 Whakatu\CADD\Dawings\ SK071_SK072 OPT7.dwg 134 Queen Steet East Hastings 4156, New Zealand T F W Conditions of Use. This document may only be used by GHD's client (and any othe peson who GHD has ageed can use this document) fo the pupose fo which it was pepaed and must not be used by any othe peson o fo any othe pupose. Dawn N. MACKIE Dafting Check Designe N. DEVERY Design Check 1:2000 Poject Title Appoved (Poject Diecto) Date Scale Client This Dawing must not be used fo Constuction unless signed as Appoved Oiginal Size A SK073 A

63 Planning Assessment May 2014 APPENDIX B S.177(1)(A) APPROVALS ENVIRONMENTAL MANAGEMENT SERVICES

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67 Planning Assessment May 2014 APPENDIX C HASTINGS DISTRICT PLAN MAPS ENVIRONMENTAL MANAGEMENT SERVICES

68 COPYRIGHT RANGITANE ROAD JOHNSTON WAY RAILWAY ROAD (WHAKATU) STATION ROAD PAKOWHAI ROAD WHAKATU ROAD ANDERSON ROAD GROOME PLACE RUAHAPIA ROAD OTENE ROAD STATE HIGHWAY 2 NORTH º Distict Plan Zones Scale 1:10, a Decembe Metes Copyight in ths dawing is owned by the Hastings Distict Council. Any unauthoised copying o adaption of the whole o a sunstantial pat of the wok in two o thee dimensions is an infingment of copyight. DATA SOURCE Cadastal Infomation deived fom the Land Infomation New Zealand's Coe Recod System (CRS). CROWN COPYRIGHT RESERVED DISCLAIMER The Hastings Distict Council cannot guaantee that the data on this map is 100% accuate.

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70 BENNETT ROAD COPYRIGHT Copyight in ths dawing is owned by the Hastings Distict Council. Any unauthoised copying o adaption of the whole o a sunstantial pat of the wok in two o thee dimensions is an infingment of copyight. DATA SOURCE Cadastal Infomation deived fom the Land Infomation New Zealand's Coe Recod System (CRS). CROWN COPYRIGHT RESERVED DISCLAIMER The Hastings Distict Council cannot guaantee that the data on this map is 100% accuate. PILCHER ROAD OTENE ROAD RUAHAPIA ROAD NAPIER ROAD ELWOOD ROAD PANAPA ROAD APATU ROAD STATE HIGHWAY 2 NORTH WATSON ROAD LAWN ROAD PARAIRE ROAD KAURU ROAD WAIPATU SETTLEMENT ROAD ST GEORGES ROAD º Distict Plan Zones Scale 1:10, a Decembe Metes

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72 Planning Assessment May 2014 APPENDIX D PROPOSED HASTINGS DISTRICT PLAN MAPS ENVIRONMENTAL MANAGEMENT SERVICES

73 MAP 27 DISTRICT PLAN MAP A3 Scale 1: Designation Infomation Last Updated 09/11/2013 Designation Pupose Designating Authoity D55 Railway Puposes KiwiRail Holdings Ltd Scheduled Sites Infomation No Scheduled Sites on this Map Histoic/Heitage Sites No Histoic/Heitage Sites on this Map Hastings Distict Council - Poposed Distict Plan - Novembe 2013

74 PLANNING MAP 27 Scale 1:10000 Hastings Distict Council - Poposed Distict Plan - Novembe 2013

75 MAP 28 DISTRICT PLAN MAP A3 Scale 1: Designation Infomation Last Updated 09/11/2013 Designation Pupose Designating Authoity D20 Electicity Distibution Unison Netwoks Limited D53 Road Widening New Zealand Tanspot Agency D55 Railway Puposes KiwiRail Holdings Ltd D64 School Ministe of Education D110 Whakatu Substation Tanspowe New Zealand Limited Scheduled Sites Infomation No Scheduled Sites on this Map Histoic/Heitage Sites No Histoic/Heitage Sites on this Map Hastings Distict Council - Poposed Distict Plan - Novembe 2013

76 PLANNING MAP 28 Scale 1:10000 Hastings Distict Council - Poposed Distict Plan - Novembe 2013

77 MAP 36 DISTRICT PLAN MAP A3 Scale 1: Designation Infomation No Designations on this Map Scheduled Sites Infomation No Scheduled Sites on this Map Histoic/Heitage Sites Last Updated 19/09/2013 Heitage ID Heitage Name Categoy HB34 Riveslea Stables II Hastings Distict Council - Poposed Distict Plan - Novembe 2013

78 PLANNING MAP 36 Scale 1:10000 Hastings Distict Council - Poposed Distict Plan - Novembe 2013