Meeting Date: THURSDAY, 19 APRIL 2018 TIM FERGUSSON (CONSULTANT PLANNER)

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1 Resource Consent Application: Ohiwa Cove Limited Subject: To: RESOURCE CONSENT (SUBDIVISION AND LAND USE) NINE LOT SUBDIVISION, DWELLING AND DISTURBANCE OF CONTAMINATED SOIL, OHIWA COVE LIMITED, OHIWA HARBOUR ROAD, OPOTIKI INDEPENDENT HEARINGS COMMISSIONER RUSSELL DE LUCA Meeting Date: THURSDAY, 19 APRIL 2018 Written by: File Reference: TIM FERGUSSON (CONSULTANT PLANNER) RC APPLICATION DETAIL Consent Number: RC Applicant: Ohiwa Cove Limited Description of Application: Staged subdivision of two existing lots (Lot 1 DP and Lot ), to create six rural residential lots, and an amalgamation of the balance lot with an adjoining title (Lot 3 DP 5859). In addition, to allow Stage 2 of the subdivision two areas of land within Lot 4 DP 5859 and Lot 2 DP are required to be vested as road. Land use consent to construct a dwelling on a ridgeline and undertake earthworks within the Ohiwa Harbour Zone to construct the dwelling foundations, upgrade access roads and undertake road widening at the vehicle entrance with Ohiwa Harbour Road. Land use consent is also required to disturb and remediate contaminated soil under the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NESCS). Site address: Designation/Limitations: District Plan Zoning Legal Description of Site: Ohiwa Harbour Road, Opotiki None Subdivision / Land Use Consent: Ohiwa Harbour Zone, Road Widening: Ohiwa Harbour Zone / Coastal Zone Subdivision: Lot 1 DP (CFR ), Lot 1 DP 5859 (CFR ), Lot 3 DP 5859 (CFR ) Road Widening: Lot 4 DP 5859 (GS4A/400), Lot 2 DP (CFR ) Site Area: hectares A Page 1 of 42

2 Activity Status: Subdivision: Non-complying activity Land Use Consent: Non-complying activity NESCS Consent: Restricted discretionary activity 2 INTRODUCTION This report has been prepared in accordance with Section 42A of the Resource Management Act 1991 (the Act). This report provides an assessment of a resource consent application by Ohiwa Cove Limited for subdivision and land use consent from the Opotiki District Council. The assessment and recommendations contained in this report are not binding on the Opotiki District Council or Independent Hearing Commissioner. The report has been prepared without knowledge of the content of any evidence or submissions that will be made at the hearing, consequently it cannot be assumed that the Hearing Commissioner will reach the same conclusions as those provided in this report. 3 BACKGROUND Part of the property (Lot 1 DP ) was subject to an earlier subdivision which rationalised historic land titles. This subdivision was completed in A site visit was carried out on 15 August SITE DESCRIPTION The subject property is made up of the following parcels: Lot 1 DP (CFR ) hectares Lot 1 DP 5859 (CFR ) hectares Lot 3 DP 5859 (CFR ) hectares In addition, the vehicle entrance improvements required for Stage 2 of the subdivision will involve the vesting of parts of the following lots as road: Lot 4 DP 5859 (Oscar Reeve Scenic Reserve, Crown land) affected area 0.01 hectares Lot 2 DP (owner: Brian and Dawn Carson) affected area 0.05 hectares The subject site is located at Ohiwa Harbour Road, Ohiwa Harbour, Opotiki as shown on Figure 1 below. Ohiwa Harbour Figure 1: Subject Site (Source: Resource Consent Application) A Page 2 of 42

3 The property is currently accessed via three existing vehicle crossings from Ohiwa Harbour Road. Two are located along the southern frontage of the property and one is on the western frontage. The entrance in the south-eastern corner of the property will provide access to all of the proposed lots, although the balance land (proposed Lot 100) will continue to have access from the other two entrances. The site does not currently contain an existing dwelling and the only structures present are a barn within proposed Lot 6 and a water tank on proposed Lot 100. The property primarily contains open pasture, areas of native vegetation and scrubland. The property contains three areas of significant indigenous vegetation. Two areas are identified in the Proposed Bay of Plenty Regional Coastal Environment Plan as Schedule A Significant Indigenous Biological Diversity sites (Oscar Reeve Scenic Reserve and Extension). The other site is part of the Onekawa Schedule B Significant Indigenous Biological Diversity site. All of these areas are contained within the balance land (proposed Lot 100). The topography of the site varies and includes a flat elevated area airstrip area at the eastern extent of the property, elevated plateau areas, steeper hillsides and gullies and lower lying flat areas. The existing land uses in the area surrounding the application site includes horticulture and pastoral farming and rural residential and residential land uses. Onekawa Road, an unformed paper road, adjoins the entire eastern boundary of the subject property. The road has a formed intersection with Ohiwa Harbour Road but quickly deviates from the legal road reserve onto private land and effectively provides a shared accessway for several rural properties. 5 PROPOSAL 5.1 Subdivision This application seeks resource consent from Opotiki District Council to undertake a subdivision of Lot 1 DP and Lot 1 DP 5859 as shown on the Stratum Consultants Ltd Scheme Plan T-P-D001 Rev F. The proposed subdivision will result in the creation of six new rural residential allotments and may be undertaken in two stages. Stage 1 involves creating three rural residential lots (Lots 1-3). Stage 2 creates the remaining three lots (Lots 4-6) along with two additional lots required for road widening opposite the vehicle entrance on the southern side of Ohiwa Harbour Road (Lots 7 and 8). The amalgamation of Lot 3 DP 5859 with the balance land (Lot 100) may be undertaken during either stage, although the recommended consent conditions require it to be undertaken during Stage 1. The proposed rural residential lots are between 0.14 hectares and 0.56 hectares in size. All of the proposed lots will gain access to Ohiwa Harbour Road via a shared accessway, which will utilise an existing farm track. The proposed road widening is required to improve the vehicle entrance to an appropriate standard for the number of users that will be created by Stage 2 of the subdivision. The proposed works are at a conceptual level, but will involve substantial earthworks to cut and bench the existing bank on the southern side of the road. A draft plan has been provided for the entrance design and is included in Appendix 4. Based on the preliminary concept design, the total volume of earthworks has been estimated at 2,000m 3. The resource consent application has not specifically sought an earthworks consent to undertake the widening, however as it forms part of the overall proposal it has been assessed. A Page 3 of 42

4 The proposed widening was developed in response to a request for further information to address traffic safety concerns and will need to be subject to further assessment and detailed engineering design. At this stage no information has been provided on the effects of the works on indigenous vegetation in the affected area or other effects associated with carrying out the earthworks. Based on the conceptual drawing, it is likely that the widening will affect several existing Pohutukawa trees located at the top of the roadside bank and possibly other indigenous vegetation. The removal of these trees will require a separate land use consent under Rule 3.3.3(8) of the Operative District Plan. It is anticipated that this matter will be addressed once the design of the widening works has been completed and the extent of the affected area defined. The road widening works will also be subject to a separate process required to acquire the necessary land, which includes part of the Oscar Reeve Scenic Reserve. 5.2 Land Use Consent The application seeks land use consent to construct a small dwelling on a ridgeline on the balance farm lot (Lot 100). Earthworks are required to excavate the dwelling foundations and upgrade the existing roading to serve the subdivision. The proposed earthworks within the subdivision are minimal as the accessway is existing and the dwelling has been designed to require a total of 8 pile foundations to minimise the amount of ground disturbance required. 5.3 NESCS Consent The land has a history of pastoral grazing and has been subject to regular fertiliser application. In addition, land at either end of the airstrip has historically be used for the storage of fertiliser associated with the use of the airstrip by top-dressing planes. As a result of these activities the soil in some areas of the property exceeds the standard for cadmium concentration for rural residential land use set by the NESCS. Consent is required from the Opotiki District Council as a restricted discretionary activity under Regulation 10 of the NESCS to disturb and remediate the affected areas. The applicant has obtained a resource consent from the Bay of Plenty Regional Council to undertake the proposed remediation (BOPRC Ref. RM DC.01, RM LC.01). This resource consent was granted on 3 August 2017 and a copy is included as Appendix 2 to this report. It should be noted that as a result of changes that have been made to the proposed subdivision since it was originally lodged the subdivision scheme plan has been revised which has affected the lot numbering. The latest version of the scheme plan (Drawing Number T-P-D001 Issue F) referred to throughout this report has lot numbering which differs from the original application report and supporting assessments in the Assessment of Environmental Effects Report. For ease of reference the following table explains the changes with the differences highlighted. Original Numbering T-P-D001 Issue D Revised (Current) Numbering T-P-D001 Issue F Lot 1 Lot 100 (Stage 1), Lot 101 (Stage 2) Lot 2 Lot 2 (Stage 1) Lot 3 Lot 3 (Stage 1) Lot 4 Lot 4 (Stage 2) A Page 4 of 42

5 Lot 5 Lot 5 (Stage 2) Lot 6 Lot 6 (Stage 2) Lot 7 Lot 1 (Stage 1) N/A N/A Lot 7 (Stage 2 road widening) Lot 8 (Stage 2 road widening) A Page 5 of 42

6 6 REASONS FOR REQUIRING CONSENTS The application site is identified within the Ohiwa Harbour Zone on Map 2b of the Operative Opotiki District Plan (Operative District Plan). The application site is not subject to any special designation or overlay areas shown on the Planning Maps. One of the areas of land proposed to be vested as road (Lot 2 DP proposed Lot 8) is within the Coastal Zone. The Proposed Opotiki District Plan (Proposed District Plan) has been publicly notified and therefore needs to be considered, however no decisions have been made on submissions and therefore the relevant rules in the Proposed Plan do not yet have legal effect, subject to the exclusions discussed in section 10.3 of this report. For this reason, a full assessment of the Proposed District Plan is not provided in this section of the report. For completeness it is noted that the subject property is identified on Planning Map 4a of the Proposed District Plan and the zoning is unchanged (Ohiwa Harbour Zone / Coastal Zone). 6.1 Operative District Plan Rules In assessing the resource consent requirements and activity status of the proposal, the rules contained within Chapter 10 Subdivision, Chapter 17 Coastal Zone, and Chapter 19 - Ohiwa Harbour Zone are relevant. 6.2 Subdivision In the Ohiwa Harbour Zone no subdivision is a permitted, controlled or restricted discretionary activity. Subdivision is provided for by Rule as a discretionary activity where all new lots are a minimum of 4 hectares and specified performance standards are met. Subdivision that cannot meet the requirements of this rule is a non-complying activity under Rule In this case, all of the proposed lots except the balance lot (Lot 100/101) are smaller than 4 hectares, therefore the proposed subdivision is a non-complying activity. In addition to the minimum lot size requirement, subdivision is required to comply with the subdivision standards. It is noted that the Zone Standards for the Coastal Zone apply within the Ohiwa Harbour Zone. The subdivision is able to meet all of the relevant subdivision standards with the exception of Rule which limits the number of lots able to use an access strip to six and Rule which requires subdivisions to be designed to comply with Council s standards for subdivision. The vehicle entrance is unable to meet the minimum sight distance requirements set out in Standard Drawing R 25 or the entrance design requirements of Standard Drawing R 29. The non-compliance with these standards results in the subdivision being considered a non-complying activity under Rule Land Use Consent The proposed dwelling on Lot 100/101 is located on a ridgeline which is a discretionary activity in the Ohiwa Harbour Zone under Rule (3). The earthworks required to construct the foundations of the dwelling and upgrade access tracks are also a discretionary activity under Rule (1). 6.4 National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NESCS) This standard applies to soil disturbance on land that has or has had an activity or industry described in the Hazardous Activities and Industries List ( HAIL ) undertaken on it. The repeated application of fertiliser to pastoral land is a HAIL activity under I on the list ( I Any other land that has been subject to the intentional or accidental release of a hazardous substance in sufficient quantity that it could be a risk to human health or the environment ). A Page 6 of 42

7 The results of an analysis of soils at the proposed house site for Cadmium have shown a Cadmium value of 0.85 mg/kg, which exceeds the NESCS standard of 0.8 mg/kg for rural residential land use. Regulation 10 of the NESCS states that if a detailed investigation shows that the soil contamination exceeds the applicable standard for the intended land use, resource consent is required as a restricted discretionary activity. 6.5 Activity Status Overall, the proposed subdivision and land use consent requires assessment as a noncomplying activity and the NESCS consent application is a restricted discretionary activity. 7 PROCESSING BACKGROUND 7.1 Timeframes Date received: 28 June 2017 Further information requested: 1 August 2017 Further information received: 18 December 2017 Date notified (limited notification): 16 January 2018 Date submission period closed: 14 February 2018 Hearing scheduled: 19 April Further Information Further information was requested from the applicant in a letter dated 1 August The additional information requested included: 1. Information to demonstrate that the vehicle entrance to Ohiwa Harbour Road can be upgraded to meet the requirements of Council s Engineering Code of Practice.; and 2. Further information to demonstrate how the proposed subdivision is able to comply with the boundary adjustment provisions of the Opotiki District Plan. The applicant provided a partial response on 10 August 2017 which addressed point 2. above. This response included a revised subdivision scheme plan to remove the amalgamation condition and clarified that that subdivision is not able to meet the boundary adjustment provisions of the District Plan. An initial response to point 1 was provided on 30 August This response included a traffic impact assessment prepared by Harrison Transportation. Subsequently this report was revised and various options proposed to address the traffic safety effects of the subdivision. The further information request was fully satisfied on 18 December 2017 with a revised subdivision scheme plan submitted which shows the proposed subdivision staging and the creation of two additional lots to be vested as road. The two additional lots required for road widening comprise of proposed Lot 8, which is owned by Brian and Dawn Carson. It is understood that the applicant has an agreement in principle to purchase this land. Proposed Lot 7 is part of the Oscar Reeve Scenic Reserve. At the time of writing this report, no information has been provided by the applicant on the process required to enable the gazetted reserve land to be vested as road. It is expected that this will be addressed in the applicant s evidence presented at the hearing. A Page 7 of 42

8 7.3 Notification The subdivision consent and land use consent applications have been subject to limited notification. The two adjacent neighbours were identified as affected parties due to the intensity of the subdivision which involves creating substantially more lots than is anticipated by the District Plan in this location. The proposed subdivision will result in the creation of six additional rural residential lots each with a potential house site. These house sites and the shared access road are in close proximity to the two neighbouring properties. This is likely to result in adverse traffic and amenity effects that are minor or more than minor. No other property owners or occupiers of properties adjacent to the site are considered to be adversely affected. The balance farm lot provides a substantial buffer between the proposed residential lots and other neighbouring properties (except the two neighbours discussed above). The owners of the properties required for road widening were not notified as their approval will be required in order for the subdivision to proceed. Upokorehe Hapu has been identified as an affected party due to the high level of cultural significance that applies to much of the land around the Ohiwa Harbour and the potential for the subdivision and land use to affect these cultural values. The applicant has met with Upokorehe Hapu representatives and has incorporated mitigation measures into the proposal in an effort to address the matters that were raised during the site visit. No formal consultation response or written approval has been provided by Upokorehe. Affected Neighbours Figure 2: Affected Neighbours 7.4 Submissions Two submissions have been received. Both submitters have requested to be heard. The submissions are summarised as follows: Ian Bertram, 98 Ohiwa Harbour Road The submitter is opposed to the application. The submission expresses opposition to roading, house sites, and the information provided in the application due to the effects of the subdivision on the submitter s family, property and the Ohiwa area. The submission supports Council regulations. No additional detail is provided regarding the nature of the submitters concerns Gavin and Susan Stillwell, 98C Ohiwa Harbour Road The submitter considers that the subdivision has the potential to have significant effects on their property and the surrounding area, however is happy to see the application approved subject to various mitigation measures being included in the consent or adopted by the applicant. They are: A Page 8 of 42

9 1. Provision of suitable access to enable ongoing maintenance of the existing shelterbelt along the north/east boundaries of the subdivision. 2. Written acknowledgement by future owners of the residential lots that the land adjoins a working orchard and no complaints will be made regarding the effects of normal orchard operational activities (e.g. bee keeping, spraying, pruning). 3. A height restriction imposed over Lots 4-6 and part of the balance land (Lot 100). The level is to be agreed between the parties. 4. Confirmation that Onekawa Road will not be utilised as access for the subdivision 5. A request that the developer acknowledge the local pest control measures implemented in the area. These matters are discussed in section 9.3 of this report and in the assessment of effects provided in section 10. A Page 9 of 42

10 8 STATUTORY CONSIDERATIONS The requirements of the Act that relate to the decision making process are contained within sections 104 to 116. Section 104 is of particular relevance. This section states: When considering an application for resource consent and any submissions received, the consent authority must, subject to Part 2, have regard to: (a) any actual and potential effects on the environment of allowing the activity; and (b) any relevant provisions of (i) a national environmental standard: (ii) other regulations: (iii) a national policy statement: (iv) a New Zealand Coastal Policy Statement: (v) a regional policy statement of a proposed regional policy statement: (vi) a plan or proposed plan; and (c) any other matter the consent authority considers relevant and reasonably necessary to determine the application. The provisions of Section 104 are all subject to Part 2, which means that the purpose and principles of the Act are paramount. In addition, Section 104B relates to the determination of applications for discretionary and non-complying activities. This section states that after considering an application for a discretionary or non-complying activity, a consent authority may grant or refuse the application. If it grants the application it may impose conditions under Section 108. As the proposed subdivision and land use consent applications are both non-complying activities, Section 104D is also applicable. This section is considered in section 16 of this report. 8.1 Planning Instruments The following planning instruments and documents are relevant to the applications. National New Zealand Coastal Policy Statement (NZCPS) Regional NESCS Bay of Plenty Regional Policy Statement (RPS) Bay of Plenty Regional Coastal Environment Plan (RCEP) Bay of Plenty Regional Natural Resources Plan (RNRP) Bay of Plenty On-Site Effluent Treatment Regional Plan (OSET Plan) District Operative Opotiki District Plan Proposed Opotiki District Plan The relevant provisions of these documents are addressed in section 10 of this report. A Page 10 of 42

11 9 ACTUAL AND POTENTIAL EFFECTS In considering the actual and potential effects on the environment under section 104(1) (a), the Act requires consideration of: All positive and adverse effects; Temporary or permanent effects; Past present or future effects, cumulative effects potential effects of high probability; and Potential effects of low probability, but high potential impact. From my assessment of the application, the existing environment, the issues raised by the submitters, and the District Plan provisions, I consider that the effects on the environment relevant to this proposal are: a. Effects on rural production b. Effects on landscape values and natural character c. Effects on amenity values d. Archaeological and cultural effects e. Effects on indigenous vegetation and habitats f. Geotechnical site conditions g. Contaminated land h. Servicing i. Access j. Traffic effects k. Reverse sensitivity effects l. Positive effects These effects are discussed below. 9.1 Existing Environment - Site Values The general nature of the application site and surroundings has been described in section 3 above. The site values identified in the applicable statutory planning documents are set out below. RCEP The proposed balance farm lot (Lot 100/101) contains the following significant indigenous biological diversity areas: RPS Oscar Reeve Scenic Reserve and Extension Schedule A Site (IBDA A57) Onekawa Schedule B Site (IBDA B115) The proposed balance farm lot (Lot 100/101), proposed Lot 6, a small area of proposed Lot 5 are located within the coastal environment as defined in Appendix I of the RPS. 9.2 Permitted Baseline Section 104(2) states: When forming an opinion for the purposes of subsection (1) (a), a consent authority may disregard an adverse effect of the activity on the environment if a national environmental standard or the plan permits an activity with that effect. A Page 11 of 42

12 There is no relevant permitted baseline to consider in respect of the subdivision of the land as all subdivision is a discretionary activity and there is no permitted activity threshold for earthworks within the Ohiwa Harbour Zone or dwellings on ridgelines. It is worth noting, however, that the District Plan allows one dwelling per lot on sites smaller than 1 hectare in size, two dwellings on lots 1-4 hectares in size and up to three dwellings on lots larger than 4 hectares as a permitted activity. The District Plan also permits visitor accommodation for up to 4 persons per night within buildings provided for in the zone. The residential lots proposed by the subdivision will be between 0.14ha and 0.56ha in size. This equates to a total of six dwellings plus the potential for three on the balance land (being larger than 4 hectares) to give a total potential development of 9 houses enabled by the subdivision. Currently the site is made up of three titles and has the following development potential: Legal Description Size (ha) Number of Dwellings Permitted Lot 1 DP Lot 3 DP Lot 1 DP Total 6 The topography of the land constrains where these dwellings could be located and has influenced the layout of the proposed subdivision. The overall number of dwellings able to be constructed on the land is a useful point of comparison when assessing the effects of the subdivision on rural amenity, natural character and landscape impacts. A more direct and relevant comparison in assessing effects on neighbouring properties is to consider the changes affecting each of the existing land parcels. Lot 1 DP 5859 will comprise of proposed Lots 1 and 2 and part of Lot 3 (although not the nominated house site). Currently two dwellings can be established on the land as a permitted activity. As a result of the subdivision two building sites will be authorised (one each on Lots 1 and 2). On this basis, in my view the permitted baseline provides a legitimate basis to disregard the effects of the future establishment of dwellings on proposed lots 1 and 2. This includes effects on rural amenity and visual effects on the neighbouring properties and surrounding area. 9.3 Issues Raised in Submissions Both submitters raise concerns regarding the effects of the proposal. The submitters will provide further detail on these concerns, however based on the written submissions, the effects relate to rural and visual amenity, roading (traffic), access, reverse sensitivity and biodiversity. These effects are discussed in the sub-sections below where they are matters that can be taken into account in assessing the effects of the proposal under S104 of the Act. The submission from G & S Stillwell raises a number of additional points which are not specifically assessed in the following sections. They include: a. Provision of access to enable maintenance of the shelterbelt located approximately on the boundary of the submitters property and the paper road. If access is required over the land that is the subject of this application, this is a matter that is more appropriately addressed through the creation of an easement or alternative agreement between the parties. A Page 12 of 42

13 b. A height restriction over parts of the land. The applicant has proposed a height limit over the rural residential lots and it is unclear at this stage whether this restriction is acceptable to the submitter. c. Confirmation that Onekawa Road will not be utilised to provide access. The application does not propose to gain access over Onekawa Road. 9.4 Effects on Rural Production The proposed subdivision will result in a change in land use over part of the property with the conversion from pastoral grazing to rural residential land use. The Operative Opotiki District Plan Maps identify the soils within the subject property as being Class 6, which is nonversatile soils. On this basis, the proposal is not expected to result in adverse effects on rural production activities. The total land area lost from rural production activities will be approximately 2.5 hectares, which is around 5% of the total land area. 9.5 Effects on Landscape Values and Natural Character An assessment of the effects of the proposed subdivision and dwelling on natural character and landscape values has been undertaken by Richard Hart (Landscape Architect) in support of the application. This assessment has considered the landscape setting at a broad scale, taking account of the visual catchment and viewing audiences. The report also sets out the planning framework that needs to be considered when evaluating the landscape and natural character values of the site and provides an assessment of the effects of the proposal on natural character and landscape values. In summary, the report determines that the adverse effects on natural character are not significant because: The site is not identified as having high, very high or outstanding natural character (as determined by the RPS); The proposal includes controls on building height to mitigate the bulk and scale of buildings; The only house site in a semi-prominent location is on Lot 100/101 where house plans have been submitted showing that the proposed house is of small scale and sited in the location of an existing water tank; An existing row of pine trees and the adjacent avocado orchard provide a vegetated backdrop to ridgeline buildings as viewed from Ohiwa Harbour; Buildings will be seen in the context of existing residential development in the surrounding area; All house sites except proposed Lot 6 and the dwelling proposed on Lot 100/101 are outside the coastal environment; and Any future dwelling on proposed Lot 6 will have inconsequential effects as it will replace an existing barn and will be largely hidden by existing fenced vegetation in the Oscar Reeve Extension biodiversity area. In addition, the report notes that natural character is protected by the fencing of the scheduled biodiversity sites, community pest control and the proposed planting shown on the landscape plan submitted with the report. The effects on landscape character and visual amenity are assessed in the report as being acceptable for the following reasons. Development avoids indigenous vegetation areas which are fenced off; Building platforms are set back from the road and substantially out of site for road users and neighbours; A Page 13 of 42

14 Development on prominent ridges is managed through design controls to ensure buildings are visually recessive; The fenced bush will have public benefits including stock exclusion and effective expansion of the existing scenic reserve. Overall, the report assesses the effects of the proposal to be no more than minor, subject to inclusion of the following recommended conditions: a. Earthworks to construct platforms and access roads are integrated into the surrounding landscape; b. Areas of exposed earth to be planted as part of landscaping plan; c. Proposed lots 1 5 and Lot 7 to have a maximum building height of 5m; d. Buildings on Lot 6 to have a maximum building height of 7m; e. The proposed dwelling on Lot 100/101 constructed in accordance with submitted plans f. All buildings to have exterior surfaces with low reflectivity colours (37%) and BS5252 Groups A and B. g. The use of mirror glass or other highly reflective surfaces shall be avoided. h. As part of the building consent documentation for any future dwellings an indigenous species planting plan shall be submitted that is generally in accordance with the Ohiwa Cove North Block, Landscape Plan by Richard Hart, dated March Such planting shall be carried out no later than the autumn-winter-spring planting season following the start of construction. i. Fencing outside the specified building platforms shall be a rural type of post and wire/mesh. These measures have been included as recommended consent conditions. Additional conditions have also been recommended requiring building platforms to be defined and shown on the Land Transfer Plan and for all buildings to be located within the defined platform on each lot. It is anticipated that the evidence presented by the applicant at the hearing will provide further detail on these measures and the specific wording of the suggested consent conditions. Subject to the inclusion of the recommendations above, it is considered that the effects of the proposal on natural character and landscape values will be no more than minor. 9.6 Effects on Amenity Values The assessment undertaken by Richard Hart (Landscape Architect) has also considered the effects of the proposed subdivision and the proposed dwelling on Lot 100/101 on the visual amenity values of the surrounding environment. The assessment considers the effects on visual amenity to be minor. As discussed in the previous section of this report, this is on the basis that building platforms are set back from the road and are substantially out of sight, and that the proposed building on Lot 1 and future buildings on the proposed lots will be subject to building controls to ensure they are visually recessive. Views of the site from existing residential areas in Ohope and dwellings along Ohiwa Loop Road, Ohiwa Harbour Road and Vedder Road are over a long distance (1-8 km) and over this distance the visual effects will be mitigated by the proposed building controls. Viewed from Ohope and other long-distance viewpoints the future buildings will also be seen against the higher ground behind the building platforms and in the context of the existing residential development in the area (Vedder Road and Ohiwa Cove). Many of the closer dwellings along A Page 14 of 42

15 Ohiwa Loop Road are screened from the subject site by existing vegetation and/or topography. The assessment includes specific consideration of the effects of the proposal on the visual amenity of the properties owned by the two submitters to the application. Stillwell 98C Ohiwa Beach Road The landscape assessment notes that the views from this property are predominantly to the east towards Waiotahi, but also west towards Ohope. The report states that western views will remain largely unaffected with pastoral farming continuing on the balance land (Lot 100/101). It is expected that this matter will be considered further during the hearing with more information provided by the submitter on their request for a height restriction and additional detail provided on this aspect in the evidence presented by the applicant. In my opinion, the relationship between the dwelling on this property and the proposed house sites, in particular the separation distance, predominant outlook, and screening provided by the existing orchard and shelter belt will ensure amenity effects on this property will be minor. Bertram 98C Ohiwa Beach Road The landscape assessment has assessed the main outlook from this property to be to the north east, away from the proposed building sites. The report considers that the two closest house sites (proposed Lots 1 and 2) will be seen in the context of other nearby housing and that the proposed building design controls and planting will mitigate effects. The landscape plan submitted with the application indicates a planting strip along the southern boundary of proposed Lot 2 which will assist in mitigating the visual effects on this property. It is noted, however, that no planting is shown between the house site on proposed Lot 1 and the adjoining property at 98C Ohiwa Harbour Road. It is expected that this matter will be considered further during the hearing with more information provided by the submitter on their concerns regarding the impact of the proposal. It is also anticipated that the effects of the proposal on this property will further addressed in the evidence presented by the applicant. As discussed in earlier sections of this report, the establishment of dwellings on proposed lots 1 and 2 can be assessed as falling within the permitted baseline, therefore the effects on amenity values can be disregarded. If the permitted baseline concept were not applied (as it is not mandatory), in my view it would be necessary to consider additional mitigation measures such as planting to provide screening between the submitters property and the house site on proposed Lot 1. The proposed subdivision will increase the number of vehicles using the existing accessway adjacent to the western boundary of 98C Ohiwa Harbour Road. There is an existing bank which will provide screening between the dwelling and vehicles using the accessway and a minimum separation distance between the dwelling and the accessway of approximately 30m. In my opinion, taking into account the topography, the separation distance between the dwelling on 98C Ohiwa Harbour Road and the increase in traffic relative to the permitted baseline (an increase from 6 to 9 dwellings as discussed in section 9.2 above), the effects on 98C Ohiwa Harbour Road will be no more than minor. In my opinion, subject to the conditions offered by the applicant, the effects of the proposal on amenity values of the wider environment will be no more than minor. A Page 15 of 42

16 9.7 Archaeological and Cultural Effects The application includes an archaeological report prepared by Insitu Heritage Limited. This report notes that there are a number of recorded archaeological sites on or near the property, but no direct evidence of archaeological features in the location of the proposed house sites on Lots1 6. The house sites on proposed Lots 2 & 3 are located in the airstrip area where the landform has been substantially modified by historic contouring to form the airstrip. A similar situation exists with the house site within proposed Lot 6 which contains the existing barn. The archaeological assessment recommends that further assessment and/or investigations be carried out on Lots 1 6 prior to any ground disturbance for the construction of a dwelling. It is considered that this can be imposed as a consent notice requirement on these titles and any archaeological authority requirements can be sought at this time. As a precautionary approach the applicant has obtained an archaeological authority from Heritage New Zealand which authorises the ground disturbance required to construct a dwelling on proposed Lot 100/101. Conditions contained in the authority will manage the effects of any unrecorded sites that may be encountered during construction earthworks The applicant has engaged with Upokorehe in a consultation process which has included a site visit and correspondence. The applicant has taken into account the comments provided during the site visit in terms of piling the house on Lot 100/101 to avoid substantial ground disturbance and locating the house sites on Lots 4 & 5 below the ridgeline. The applicant has also offered a consent condition requiring that Upokorehe Hapu be invited to undertake an inspection of building platform earthworks. No formal consultation response has been provided by Upokorehe, however, and no submission has been received from Upokorehe following limited notification of the application. The absence of a cultural impact assessment or any formal documented response from Upokorehe Hapu as tangata whenua makes it difficult to thoroughly assess the effects of the proposal on cultural values. Based on the available information, the proposal does not affect any known sites of cultural significance or visible archaeological features which provide an indication of cultural heritage value. Without documented evidence from tangata whenua it is difficult to reach a definitive conclusion on whether the cultural effects of the proposal will be minor at the time of writing. It is anticipated that this will be further addressed through the applicant s evidence at the hearing. 9.8 Effects on Indigenous Biodiversity The subject property contains three areas of significant indigenous biodiversity. These areas are all contained within the balance land (proposed Lot 100/101) and clear of the dwelling proposed for Lot 100/101. The areas are identified in the RCEP as significant indigenous biodiversity sites, with Oscar Reeve Scenic Reserve and Extension as Schedule A sites and the Onekawa Schedule B site. There are no other significant areas of indigenous vegetation on the property. The application does not provide a detailed assessment of the ecological effects of the proposal on the values of these identified sites and comments received from BOPRC on the application note the potential for a reduction in the quality of nearby natural areas caused by invasive garden species and / or predation on wildlife by domestic pets. BOPRC considers the assessment of environmental effects provided with the application to be inadequate in its consideration of the effects on the significant indigenous biodiversity sites. The ecological values of the sites have been assessed and are described in the Bay of Plenty Regional Coastal Environment Plan. The Onekawa Forest Remnants and Oscar Reeve Scenic Reserve and Extension are identified as sites of regional significance and contain rare and A Page 16 of 42

17 threatened forest types (pohutukawa forest and beech forest) and a threatened plant species Pimelea tomentosa (Threatened - Nationally Vulnerable). The proposed subdivision and land use activities will not directly impact on these areas of significant indigenous biodiversity areas as both will be retained within the balance land. The applicant has proposed to fence these areas to exclude stock. The applicant intends to provide a two-wire fence standard, however BOPRC has recommended a six wire post and batten fence to ensure effective stock exclusion. BOPRC has also recommended that the applicant develop a plan for the protection and management of the Oscar Reeve Scenic Reserve Extension. Due to the proximity of future house sites to Oscar Reeve Scenic Reserve and Extension and other native forest remnants; BOPRC also requests the inclusion of an advice note highlighting to future home owners: the effects that domestic animals (including cats and ferrets) could have on wildlife values of native forest, the importance of excluding stock from natural areas to protect ecological values, the impact that un-secured dogs could have on North Island brown kiwi in the Ohiwa area, and the potential for some garden plant varieties to invade and degrade natural areas. On the basis of the Schedule A status of the Oscar Reeve Scenic Reserve and Extension site, I consider that it would be appropriate to require stock proof fencing of these areas to the standard requested by BOPRC in order to ensure their protection. I consider that consent conditions requiring the ongoing management of these areas through pest control and replanting programmes is not a necessary mitigation measure in this case, given that these areas are retained in the balance land and will not be directly affected by the proposal. Voluntary measures imposed through consent notice conditions and / or advice notes are considered appropriate and are recommended. 9.9 Geotechnical Site Conditions An assessment of the geotechnical suitability of the nominated house sites on each of the proposed allotments has been undertaken by Stratum Consultants. In addition to assessing building platforms, the assessment also considers building restriction lines, foundation design requirements, stormwater and effluent disposal and accessway/roading. This assessment determines that all lots are suitable for development, subject to specific foundation design and ground improvement works. Specific design requirements have been recommended for the proposed dwelling on Lot 1 and general recommendations are provided for the identified possible house sites on proposed Lots 2 7. It is recommended that a consent condition be imposed requiring a consent notice be registered on each of the new titles to ensure development be undertaken in accordance with the recommendations of the geotechnical report Contaminated Land Due to the history of the site being utilised for pastoral grazing and part of the site containing an air strip used by top dressing aircraft to apply fertilizer, the cadmium concentration in the soil in some areas are elevated to levels that exceed the soil contaminant standard for land used for rural residential activities set by the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health. The two areas of the property affected by the contamination are located at either end of the airstrip, which are within proposed Lot 2 and Lot 3. A Page 17 of 42

18 Geo & Hydro - K8 Ltd have undertaken a Detailed Site Investigation (DSI) and a Further Investigation (FI) of the seven house sites and prepared a Remedial Action Plan (RAP) based on the findings of the DSI and FI investigations. The RAP sets out the requirements for remediating soils within nominated house sites on Lots 2 and 3 to ensure the sites are suitable for the intended land use. The proposed method of remediation involves excavating the contaminated soil and burying it within a defined area on the property. Provided that remediation is appropriately undertaken it is considered that the contamination will not lead to any adverse effects on public health and safety. The RAP states that is not expected that there will be any effects generated on ecology or surface or ground water as part of the soil remediation. It is recommended that a condition of consent is imposed requiring adherence to the RAP and requiring a validation report be prepared to confirm that contamination has been addressed. Subject to these conditions, it is considered that contamination can be adequately remedied and effects will be less than minor Servicing 9.12 Access There are no reticulated Council services available to the site. Each lot will need to provide a roof-collected rain water supply system with tank storage as well as an additional tank for firefighting supply. This is a typical arrangement for rural dwellings and is appropriate. Wastewater from any future dwellings on Lots 1 7 will be disposed of on site in accordance with the requirements of the BOPRC OSET Plan and this can be further addressed at building consent stage when the dwelling size is determined. The geotechnical assessment provided in support of the application has considered the requirements for wastewater disposal on each proposed lot and provided recommendations for the type of system (extended aeration treatment and drip irrigation disposal) and siting of the disposal field. The report confirms that each lot contains suitable area for wastewater disposal. Consent conditions are recommended requiring the wastewater systems be designed in accordance with the OSET Plan and the recommendations of the geotechnical investigation report. Stormwater disposal recommendations are included in the geotechnical assessment for the proposed dwelling on Lot 1, possible house sites on Lots 2 7 and the accessway. The recommended disposal method for each residential site involves piping stormwater to the base of slopes or existing overland flowpaths, with the outlet to be at least 5m from the toe of the steep slopes. The discharge shall be dispersed via a spreader bar or bubble up sump system to prevent scour at the outfall. Rip rap rock protection may be needed to reduce scour especially where the outfall is to open waterways. Specific disposal locations for each lot are described in the geotechnical report. Conditions have been recommended to ensure that each lot has a potable water supply and firefighting water supply with details to be provided at the time of building consent. Conditions also require wastewater and stormwater to be managed in accordance with the recommendations of the geotechnical report. All lots will be accessed via a shared private accessway which will be formed in accordance with Council s Code of Practice Subdivision and Development (Code of Practice). This accessway is currently formed to a metalled standard and will need to be upgraded to meet the formation standard required by the Code of Practice. The geotechnical assessment provided in support of the application contains recommendations regarding the works needed to upgrade the accessway. The accessway will serve seven lots in total (including the balance land Lot 100). This exceeds the maximum number of users for a private accessway permitted by the Code of Practice (six A Page 18 of 42

19 lots). The higher number of users is mitigated by the fact that the balance land also has two other formed entrances to Ohiwa Beach Road and that only a short section of the accessway will technically serve seven lots. Taking these factors into account, the COP design standard for a rural accessway serving 4-6 lots is considered acceptable. This standard requires a 12m legal width and 5m wide sealed formation. By comparison the public road standard would require a 15m wide road reserve and 6m wide carriageway. The applicant has proposed a concrete formation for the accessway, however the specific design details will require approval from Council s Engineering Manager Traffic Effects All of the proposed rural residential lots will utilise the existing entrance to Ohiwa Harbour Road. The location and design of the existing vehicle entrance provides insufficient sight distance in both directions based on the posted speed limit of 100km/h. The entrance is located on the crest of a hill with corners and banks which limit visibility. The Code of Practice requires road widening on both sides of the road where a vehicle entrance serves four or more lots. The current entrance does not meet this design standard. In response to a request for further information regarding the traffic effects of the subdivision the applicant has provided a traffic impact assessment prepared by Harrison Transportation. This traffic assessment has been reviewed by Simon James of Opus International Consultants on behalf of Opotiki District Council. The Harrison Transportation assessment considers the effects of the proposal on the existing traffic environment and the suitability of the vehicle entrance to Ohiwa Harbour Road based on the likely vehicle operating speeds in this location. In conjunction with this assessment, the applicant has also proposed to shift the location of the entrance slightly to improve sight visibility and to undertake road widening works at the vehicle entrance to mitigate the traffic safety effects of the subdivision. This widening requires additional land to be vested as road opposite the entrance and the applicant has reached an in principle agreement to acquire this land as part of the subdivision. The topography of the site means that the entrance design is unable to fully comply with the standard specified in Standard Drawing R 28 of the Code of Practice. An alternative design based on NZTA Diagram D standard is proposed. This standard has been considered by Opus and has been accepted as an appropriate standard to apply in this location for the volume of traffic and type of road. The applicant is proposing to undertake the subdivision in two stages with each stage comprising of three residential lots. Stage 1 includes Lots 1, 2 and 3 and Stage 2 comprises of Lots 4, 5 and 6. It is noted that the shared accessway is within the balance lot (Lot 100/101) meaning that during Stage 1 the number of parties with legal rights to use the accessway will be four (3 residential lots plus the balance farm with the proposed dwelling). As noted above, the trigger for requiring road widening is four or more lots however it is proposed to undertake the road widening works as part of Stage 2 of the subdivision. To mitigate any potential traffic safety effects associated with the level of use during Stage 1, it is proposed to introduce a consent condition requiring the dwelling proposed for Lot 100/101 (authorised by the land use consent sought as part of this application) to gain access from one of the other existing vehicle entrances until the road widening works have been completed. This will ensure that the level of traffic using the entrance during Stage 1 is limited to the three residential lots along with occasional farm vehicles. Overall, subject to the proposed entrance improvements including road widening, the traffic effects of the subdivision will be no more than minor Reverse Sensitivity Effects The subject property is within a rural locality where the predominant land use is rural production although there has been a significant amount of rural residential development in the area as well as residential land use adjacent to Ohiwa Harbour. The proposed rural A Page 19 of 42

20 residential lots will adjoin the balance land which will remain in pastoral grazing (aside from areas of significant indigenous vegetation). To the east of the site is an avocado orchard owned by G & S Stilwell, who are submitters to the application and have highlighted the potential for reverse sensitivity effects. The applicant has acknowledged the need to ensure existing rural production activities are able to continue unaffected by the introduction of rural residential land uses and has requested the inclusion of a consent notice condition to be registered on the title of the proposed new allotments. The condition alerts the owners to the existence of rural production activities and their effects and requires property owners to acknowledge that these effects are typical of the rural environment and that complaints regarding these effects will not be considered by Council. The requested condition provides appropriate mitigation to address the potential for reverse sensitivity effects and is consistent with the relief sought by the neighbouring submitter (G & S Stilwell) Positive Effects The proposal will generate positive social and economic effects through the activities associated with developing the proposed rural residential lots and the resulting contribution by additional residents to the local community. Measures proposed to protect the significant indigenous biodiversity areas on the property and undertake additional planting outside these areas, as detailed on the landscape plan prepared by Richard Hart (Landscape Architect) will have a positive effect in maintaining and enhancing the indigenous biodiversity values in the area Summary In summary, it is considered that the proposal will have minor or less than minor effects in terms of rural production, natural character, landscape and visual amenity. The traffic safety effects will also be minor, subject to the entrance improvement works proposed by the applicant. In the absence of a cultural impact assessment or formal consultation response from Upokorehe it is difficult to fully determine the cultural effects of the proposal, however no issues have been reported as being raised during the site visit and no submission has been made by Upokorehe. 10 DISTRICT PLAN PROVISIONS 10.1 Objectives and Policies of the Operative Opotiki District Plan The relevant objectives and policies of the Operative Opotiki District Plan are contained in Chapter 3 Landscapes and Habitats, Chapter 4 Heritage, Chapter 7 Natural Hazards, Chapter 10 Subdivision, Chapter 17 Coastal Zone and Chapter 19 Ohiwa Harbour Zone Chapter 3 Landscapes and Habitats Chapter 3 deals with the protection of natural features and landscapes as well as indigenous biodiversity. The following objectives and policies set out in Chapter 3 of the Operative District Plan are considered relevant to this proposal: Landscapes Objective Policy Management of the effects of activities to ensure protection and enhancement of landscape values. To protect and enhance indigenous vegetation, wetlands and other indigenous habitats which contribute to the character of a district. A Page 20 of 42

21 Objective Policy Policy Protection and management of the district's outstanding natural features and landscapes, where the natural features and landscapes are identified as Estuaries and Harbours. Provide for the protection of the qualities and characteristics of the outstanding natural features and landscapes from adverse effects of subdivision, use, and development. When assessing Resource Consents for activities undertaken within, and adjacent to, the Ohiwa Harbour to consider the effects of the activities so that they will not depreciate the character and values of natural features and landscapes. Comment The assessment of landscape effects provided with the resource consent application has assessed the proposal and recommended a package of mitigation measures to ensure the qualities and characteristics of the site and surrounding area are protected. The site is not classified as an area of high, very high or outstanding natural character or an outstanding natural feature or landscape. Ohiwa Harbour is an Outstanding Natural Feature and Landscape and the effects of the proposal on the values of the harbour have been assessed in detail in the landscape assessment provided with the application Habitats Objective Policy Policy Objective Policy The sustainable management of indigenous vegetation and habitats of indigenous fauna to maintain and enhance the abundance and diversity of the District's indigenous flora and fauna. To protect, through the maintenance or enhancement of, the biodiversity of indigenous flora and fauna throughout the Opotiki District, from the adverse effects of inappropriate subdivision, use, or development. Regard to the following will be had when preparing plans or considering applications for Resource Consents... To encourage landowners through the use of a variety of methods including advocacy, education and incentives, to recognise natural values and to implement protection measures as a means of achieving conservation and protection. Protection and enhancement of the significant habitats of indigenous vegetation and habitats of indigenous fauna within the district. To provide for retention of significant indigenous vegetation which contributes to the character of the district, and this may include protection at the time of subdivision. Comment: The subject property contains two sites of significant indigenous biodiversity value. These areas are contained within the balance lot and will not be directly affected by the proposed subdivision and land use activities. Protection of these areas of significant indigenous vegetation will be provided through recommended consent conditions requiring fencing. This will assist in achieving the maintenance and enhancement of biodiversity in these areas. A Page 21 of 42

22 Chapter 4 Heritage The objectives and policies in Chapter 4 apply across all zones and are focused on the management of heritage resources within the district. Objectives and policies that deal with cultural heritage and archaeological sites are relevant to the proposal. Objective Policy Policy The recognition and protection of the heritage value of resources trees, and archaeological sites. Ensure that modification, damage or destruction of any heritage resource is undertaken in accordance with Section 11 of the Historic Places Act 1993 and Appendix 4 of the Plan so that alterations do not adversely affect the heritage values of the site. Manage those works undertaken on heritage resources where such works may adversely affect the values of the resource. Comment The applicant has engaged with Upokorehe and has taken advice from tangata whenua and archaeologists to ensure the development proposal takes account of the heritage resources on the property. An archaeological authority has been obtained for ground disturbing activities associated with the construction of the proposed dwelling on proposed Lot 100/101. Consent conditions are recommended to alert future owners to the need for an authority to undertake ground disturbance and to reflect the recommendations in the archaeological report Chapter 7 Natural Hazards The relevant natural hazard objectives and policies are set out below. Objective Policy Policy Policy Objective Policy Policy Ensuring that the effects of natural hazard occurrence within the district are avoided or mitigated when making resource management decisions. To control activities and the location of buildings to avoid or mitigate the effects of natural hazards. Require detailed site investigations prior to subdivision, use, or development of land subject to or likely to be subject to natural hazards. Apply conditions on subdivision and resource consents to mitigate adverse effects of natural hazards from the use and development of land. Encourage the use of sustainable land management practices that assist in avoiding and mitigating the effects of natural hazards on the land and coastal environment. To encourage land management practices that reduces soil loss. To locate and design subdivision, land use, and development within coastal areas so that the need for hazard protection works is avoided. Comment A Page 22 of 42

23 The natural hazard most relevant to the subject property is geotechnical instability. The application includes a supporting geotechnical assessment which concludes that the lots and house sites as proposed are suitable for development subject to the recommendations of that report. The land is well elevated and clear of coastal hazards and inundation. The recommended consent conditions are based on the geotechnical assessment and will ensure the effects of natural hazards are appropriately mitigated Chapter 10 Subdivision Chapter 10 applies to the subdivision of land within all zones of the District. Objective Policy Policy Policy Policy Subdivision activity within the District that assists in maintaining the quality of the District s environment, and the District s natural and physical resources. To manage the effects of development in new locations so that services and roads associated with the subdivision are provided.to an appropriate standard for use, where this standard is consistent across the District. To ensure unimpeded and safe access to sites by controlling the width and location of site access and manoeuvring distances for traffic movement. To avoid, remedy or mitigate the adverse effects of subdivision and other land uses on ecological, landscape, heritage and cultural values To avoid the fragmentation and degradation of the District s soils, particularly versatile soils, is avoided. Comment: The effects of the subdivision on ecological, landscape, heritage and cultural values have been discussed in earlier sections of this report. The quality of the District s environment and natural and physical resources will be maintained by the proposal thereby ensuring consistency with Objective and Policy The proposed upgrading of the accessway and entrance to ensure safe and unimpeded access can be provided is consistent with Policies and The subject property does not contain versatile soils and the overall proportion of the property that will be lost from rural production is very small relative to the total land area of the property (approximately 5%). The proposal is not considered to be inconsistent with Policy Objective Policy Policy To facilitate the establishment of lots appropriate to the qualities and characteristics of the district's zones. Ensure lots have an appropriate intensity and character that is consistent with the surrounding environment. To impose conditions of consent under Sections 108, 220 and 221 of the Act to ensure the objectives, policies and rules of the District Plan are complied with. A Page 23 of 42

24 Policy To avoid subdivision of land that could result in the modification or destruction of significant natural and cultural heritage features. Comment: The proposal involves the creation of six rural residential lots which are all well below the 4 hectare minimum lot size requirement for the Ohiwa Harbour Zone. As has been discussed in the landscape assessment provided with the application, the character of the area surrounding the subject property is characterised by a variety of land uses, including a substantial number of rural residential and residential lots that are well below 4 hectares in size. The 4 hectare minimum lot size rule in the Ohiwa Harbour Zone been designed to ensure that subdivision is consistent with the surrounding environment and that the objectives of the District Plan relating to the natural character, landscape and indigenous biodiversity values of the Ohiwa Harbour are achieved. The effect of the proposed subdivision on these values has been discussed in detail in earlier sections of this report. It is considered that the design of the subdivision, location of proposed house sites, and the proposed building controls and planting will mitigate the effects of the undersized lots on these values. In addition, it is noted that the overall density of the subdivision is well within the density limits anticipated by the plan due to the large size of the balance lot (around 45 hectares). The topography of the site results in a limited number of potential house sites being available. This subdivision utilises most of the available sites and the potential for further subdivision is limited Chapter 17 - Coastal Zone One of the proposed lots required for road widening (Lot 8) is located within the Coastal Zone, therefore for completeness the objectives and policies in this chapter of the plan have been considered. Objective Policy The retention, preservation and protection of the distinctive natural character of the Opotiki coastal environment for the enjoyment of the community and visitors to the District. Ensure that the subdivision and use of land within the District s coastal areas avoids as far as practicable adverse effects on the coastal ecosystem, water bodies, riparian areas, indigenous vegetation, indigenous habitats, natural character and on other areas of historical or cultural value. Comment: The effects of the proposed road widening works on natural character values and indigenous vegetation have not been addressed within the landscape assessment or within the application. It is noted that the works involve modification of an existing road cutting alongside Ohiwa Harbour Road, where the natural hazard values are diminished by the existing level of modification. Objective Cohesive and planned subdivision and development within the coastal environment where effects on the natural character are avoided, or are confined to areas where the natural character is able to absorb the effects of the development better than other areas of the coast. A Page 24 of 42

25 Policy Policy Policy Policy Policy Policy Ensure that any site within the Zone is of a sufficient size to avoid or mitigate any potential effects of the on-site disposal of effluent, and to ensure that there are no adverse effects on the coastal environment. Control the location and design of buildings and structures where they may adjoin a site of historical worth or an outstanding natural feature or landscape. Manage subdivision, use and development within the Coastal Zone to ensure that it is planned and appropriate, and so that it preserves the natural character of the Zone. To manage the effects of the subdivision and use of the land within the Coastal Zone to avoid as far as practicable adverse effects on the coastal environment. Encourage subdivision, use and development within the coastal environment to be cohesive and planned, where the effects of sprawling subdivision on the natural character of the coast will be avoided, remedied or mitigated. Avoid adverse effects on features scheduled in the Operative Regional Coastal Environment Plan. Comment: The proposal affects a very small area of land within the Coastal Zone. The affected area is proposed to be vested as road to allow improvements to the existing vehicle entrance to address traffic safety effects. The purpose of the works is not considered to be inconsistent with these provisions as it involves the modification of an existing road cutting and no buildings or structures are proposed. The specific effects associated with the road widening works will need to be subject to further assessment once the design has been finalised and is anticipated that further detail on this aspect of the proposal will be provided in the evidence of the applicant at the hearing. Objective Policy Policy Policy Manage the effects of activities within the Coastal Zone so that the natural character and amenity values are preserved. Ensure that appropriate measures are included as a condition of consent to avoid the adverse effects of activities as far as practicable. Where it is not practicable, adverse effects will be remedied or mitigated through the use of conditions of consent, where these may include requirements for landscaping, screening, and separation distances from the coast or from adjoining water bodies. Management of the effects of residential activities so that they will not detract from the character of adjoining properties of the coastal environment. Where this shall include managing adverse noise, glare, signage, and other on-site effects. Maintenance of residential activity sites so that they will not detract from the amenity values of adjoining properties or the coast. A Page 25 of 42

26 Policy Continued consultation with the iwi and hapu of the district to ensure that their interests in the coastal environment are considered when assessing resource consent applications. Comment: The matters raised above are addressed in the assessment of objectives and policies within other Chapters of the Operative Opotiki District Plan. Recommended conditions require full details of the proposed road widening works including mitigation measures developed to address the effects of the proposal once the design has been finalised Chapter 19 - Ohiwa Harbour Zone The subject property is located within the Ohiwa Harbour Zone. Relevant objectives and policies are considered below. Objective Policy Policy Policy Ohiwa Harbour will continue to be an outstanding natural feature and landscape of the Opotiki District and the Bay of Plenty. Effects of land use activities will be managed to assist in protection and enhancement of the natural and ecological values of the Harbour environment. To assess the effects of activities on the natural character of the Ohiwa Harbour, and to avoid adverse effects as far as practicable by the placing of conditions on resource consents, where the adverse effects that will be avoided include potential point and non-point contamination, siltation, sedimentation, drainage and reclamation. To avoid as far as practicable the effects of land use activities that will adversely affect the qualities and characteristics of the Ohiwa Harbour landscape. These effects can include tracking and scarring of the landscapes, obstruction of landscape vistas and alteration of landscape skylines and ridgelines. To avoid, remedy or mitigate the adverse effects of subdivision, use, and development in the Ohiwa Harbour environs in areas which have largely been unmodified by use and development. Comment: The effects on the natural character and landscape values of Ohiwa Harbour have been considered in detail in previous sections of this report. In summary, the assessment undertaken by Richard Hart in support of the application has considered the effects on the proposal on the values of Ohiwa Harbour and the surrounding landscape. A package of measures have been recommended to ensure these values are protected. These measures have been included as recommended consent conditions. The earthworks required to develop the house sites and accessways are relatively minor as there are existing farm tracks and building sites are located on areas that are gently sloping. The subject property has been modified as part of the historical farming activities on the land, in particular the creation of an airstrip on or adjacent to Lots 1-3. Objective Protect and enhance significant indigenous vegetation and habitats of indigenous fauna within the Ohiwa Harbour environs so that the A Page 26 of 42

27 ecological, botanical, scientific, and educational values of the Harbour are maintained. Policy Policy Protect and enhance significant indigenous vegetation and habitats of indigenous fauna which contribute to the character of the Ohiwa Harbour through the resource consent process and through education and incentives. Protect natural areas around the Harbour from development by either the creation of reserves, retirement areas, or some other protection mechanism. Comment: The significant biodiversity sites on the property will be retained within the balance lot. Recommended conditions of consent require these areas be fenced and that future owners of the residential lots are made aware of the potential impacts of residential activities on the values of these areas. Objective Policy Policy The continued existence of the Ohiwa Harbour as an area of cultural and historical significance to the people of the Opotiki district, and the Iwi and Hapu of the Harbour environs. Consultation with tangata whenua who hold mana whenua within the Ohiwa Harbour when assessing resource consents to ensure that concerns are adequately addressed by any applicant within the Ohiwa Harbour environs. When assessing resource consent applications within the Ohiwa Harbour area to ensure, through consultation with appropriate agencies, that heritage resources are protected. Comment As has been discussed throughout this report, the applicant has undertaken a consultation process with Upokorehe Hapu. No formal response has been received and no submissions were made following limited notification. Comments made during the site visit have been incorporated into the proposal and the recommended consent conditions. In terms of Policy , the applicant has obtained an archaeological authority for works to construct the dwelling on proposed Lot 100/101. In respect of natural heritage values, BOPRC has provided comments on the application which have been included as recommended conditions as appropriate. Summary In summary, it is considered that the proposal is consistent with the objectives and policies of the Operative Opotiki District Plan Operative Opotiki District Plan Zone Standards and Assessment Criteria The Operative Opotiki District Plan sets out Zone Standards which provide performance standards for assessing activities within each of the zones and for specific activities within all zones (i.e. subdivision). The standards and assessment criteria relevant to this proposal are A Page 27 of 42

28 contained within Chapter 10 Subdivision, Chapter 17 Coastal Zone and Chapter 19 Ohiwa Harbour Zone. The relevant matters are summarised below Chapter 10 Subdivision The subdivision activity standards listed in Section 10.4 comprise of a mix of performance standards and assessment criteria. The relevant matters listed in the standards have generally been addressed elsewhere in this report. The following table lists the relevant requirements. Section 10.4 of the District Plan Subdivision Activity Standards Standard Description Comment Form of Land Subdivision subdivisions shall be planned, designed, and constructed to minimise the effects of subdivisional development on the natural environment, and to preserve features of high environmental quality and amenity value for the enjoyment of the community Engineering Standards subdivisions shall be designed to comply with the Code of Practice for Subdivision and Development Existing Buildings compliance with bulk and location controls Land Stability - every lot or building platform within a subdivision shall be capable of supporting a foundation suitable for any approved activity free from inundation, erosion, subsidence, and slippage Water, Stormwater & Sewage Disposal Complies The proposed vehicle entrance will not comply with the standard specified in the Code of Practice Complies Complies Complies Financial Contributions Complies (required by conditions) Chapter 17 Coastal Zone The Zone Standards within the Coastal Zone chapter are relevant to land use activities within the Ohiwa Harbour Zone. Section 17.4 of the District Plan Coastal Zone Activity Standards Standard Description Comment A Page 28 of 42

29 Site Requirements - 40% site coverage, 9m maximum height, 2.7m plus 45 degree daylight plane Complies Yards 5m side and rear, 9m front yard Complies Parking 1 space per dwelling Complies On Site Effluent Disposal compliance with OSET Plan Complies Water Supply independent potable supply Complies Chapter 19 Ohiwa Harbour Zone Section of the Operative District Plan sets out assessment criteria for the assessment criteria for the erection of buildings and structures on ridgelines. The matters include (but are not limited to): (a) Extent of an immediate land backdrop. (b) Nature of the landform content. (c) Extent of an immediate vegetative backdrop. (d) Foreground vegetative backdrop. (e) Vegetative mitigation offered. (f) Proposed built form. (g) Proposed building materials and colour. (h) Associated earthworks. These matters have been addressed in the landscape assessment provided in support of the application and are discussed elsewhere in this report Objectives and Policies of the Proposed Opotiki District Plan The Proposed Opotiki District Plan was publicly notified on 20 September 2016 and the period for further submissions closed on 2 March Hearings were held during 2017 and at the time of writing this report no decisions have been released. Submissions have been received on many of the objectives and policies that are relevant to the proposal. Submissions have also been received on the subdivision rules relevant to the proposal. It is noted that no submissions have been received requesting changes to discretionary activity rule (2) which provides for the erection of buildings on ridgelines where the highest point of the building is within 5 metres vertical distance from the ground level on the ridgeline. This rule is applicable to the land use consent for the proposed dwelling. In line with Section 86F of the Act, this rule can be treated as operative. This does not have any material effect on the assessment of the application as it does not change the activity status. For completeness it should also be noted that rules controlling the disturbance or removal of indigenous vegetation have immediate legal effect on notification of the plan. This application does not seek to authorise the disturbance or removal of indigenous vegetation, however this rule will need to be considered if the road widening works require indigenous vegetation removal. Submissions seek various changes to many of the objectives and policies in the Proposed District Plan and a considerable number of changes have been recommended by the Council Officer in response. For this reason, it is considered that there is little merit in providing a detailed assessment of individual objectives and policies contained in the notified version of A Page 29 of 42

30 the Proposed District Plan. The assessment provided below discusses the broad policy direction and highlights any significant differences between the provisions of the operative and proposed documents. A full list of the relevant objectives and policies from the Proposed District Plan is provided in Appendix 3. The Proposed District Plan retains the overall structure and Chapter headings from the operative plan. Chapter 11 Ohiwa Harbour Zone The objectives and policies within Chapter 11 are very similar to the corresponding provisions in the operative plan and focus on the protection of natural character and landscape values, indigenous vegetation and habitats and cultural heritage. These matters have been previously assessed. Chapter 13 Landscapes and Habitats This chapter contains similar provisions to Chapter 3 in the Operative District Plan. It is noted that the Proposed Plan includes criteria for assessing the significance of vegetation and habitats and listing priority sites for protection as assessment criteria rather than as an objective in the Operative District Plan. This is considered to be a formatting change rather than a substantive change requiring additional evaluation. It is noted that areas within the subject site have been assessed in the RCEP and scheduled according to the importance of the vegetation and habitat values. Chapter 14 Heritage The objectives and policies relating to heritage resources have been carried over from the Operative District Plan. In addition, a new objective and supporting policies have been included to require recognition of iwi management plans and cultural values (Objective and Policies ). The cultural effects of the proposal and the consultation process undertaken by the applicant has been discussed previously. As noted, the absence of a formal consultation response or submission from tangata whenua has made it difficult to comprehensively assess the impact of the proposal on tangata whenua values and their relationship with ancestral lands, water, sites, waahi tapu and other taonga. Chapter 15 Subdivision Many of the objectives and policies from the subdivision chapter in the Operative District Plan have been retained. Two new policies relevant to the proposal have been introduced: Policy Policy To ensure that subdivision does not compromise rural production activities. To manage the effects of new small lot subdivision for rural residential purposes in sensitive rural and coastal environments. The impact of the proposed subdivision on rural production activities is limited by the small amount of land that will be lost from rural production (approximately 5% of the land area). Recommended consent conditions will address the potential for reverse sensitivity effects on the balance farm land and adjoining horticultural activities. The effects of creating additional undersized rural residential lots has been discussed in earlier sections of this report and can be mitigated by the proposed conditions of consent. Summary In summary, it is considered that the objectives and policies of the Proposed District Plan can only be given limited weighting due to the stage that the plan has reached in the statutory A Page 30 of 42

31 process. There is a high likelihood that the objectives and policies will be subject to substantial changes. The proposal is considered to be broadly consistent with the general policy direction in the notified version of the Proposed District Plan with many of the key objectives and policies of relevance have been retained from the Operative District Plan. 11 PROPOSED REGIONAL COASTAL ENVIRONMENT PLAN Part of the subject property is located within the coastal environment as defined in the RPS, therefore the Bay of Plenty Regional Coastal Environment Plan is relevant. The coastal environment boundary is shown on the subdivision scheme plan. Most of the balance lot is within the coastal environment, including the proposed house site. Lot 6 is also within the coastal environment along with a small area of Lot 5. Excluding Lot 6 and part of Lot 5, all of the proposed residential lots are outside the coastal environment. It is noted that the Operative District Plan states within the rules section of the Ohiwa Harbour Zone Chapter (19.3) that: When considering applications for resource consent for controlled, discretionary and non-complying activities, the objectives and policies for the Ohiwa Harbour Zone shall be recognised and provided for. In addition regard shall be had to the provisions of the Regional Coastal Environment Plan as it applies to the Ohiwa Harbour Zone and in particular the application of the Generic Landscape Guidelines for Natural Features and Landscapes. It is understood that there are a limited number of appeals outstanding on the provisions of the Proposed Regional Coastal Environment Plan. One outstanding appeal relates to the Natural Heritage provisions which are applicable to this proposal. The objectives and policies of the RCEP that are relevant to this proposal address the following matters: - Natural heritage - Iwi resource management - Historic heritage 11.1 Natural Heritage The objectives and policies within the natural heritage section of the plan establish a policy framework for the protection of the natural heritage values within the coastal environment in order to give effect to the New Zealand Coastal Policy Statement. A key feature of the RCEP is the identification of sites of significant indigenous biological diversity. Indigenous Biological Diversity Area A (IBDA A) areas that meet the criteria contained in Policy 11(a) of the NZCPS, which directs the avoidance of adverse effects on certain biological diversity (biodiversity) values. Indigenous Biological Diversity Area B (IBDA B) areas that meet the criteria contained in Policy 11(b) of the NZCPS, which directs the avoidance of significant adverse effects on certain biological diversity (biodiversity) values and that other adverse effects on these values are avoided, remedied or mitigated. A detailed set of policies address how these areas are to be protected and potential adverse effects managed. The subject property contains two IBDA A sites (Oscar Reeve Scenic Reserve and Extension) and one IBDA B site (Onekawa). These sites are retained within the balance land as discussed previously. Policies NH 4, NH 4A, NH 5 and NH 11 require particular consideration where an activity may have adverse effects on the attributes and values of an IBDA A site. A Page 31 of 42

32 Policy NH 1 is relevant and states that activities may be considered appropriate in relation to natural heritage if they contribute to the restoration and rehabilitation of natural heritage values or if they are compatible with the existing built environment and level of modification to the environment anticipated 1 by the District Plan. In this case, the proposed subdivision is a non-complying activity therefore not anticipated by the District Plan, however the rural residential development is largely outside of the coastal environment and the proposal provides an opportunity to rehabilitate the natural heritage values of the land, specifically the significant indigenous biological diversity areas. Recommended conditions of consent provide for this and assist in ensuring the proposal is appropriate. Policies NH 13, NH 14 and NH 15 deal with measures to remedy or mitigate the effects of activities on natural character, landscape and indigenous vegetation values in the coastal environment. These provisions are not specifically referred to in the assessment undertaken by Richard Hart, however the recommendations in the report, particularly controls on building design and planting, are consistent with these policies. It is anticipated that the applicant will provide further detail on these matters at the hearing Iwi Resource Management Policy IW 1 seeks to ensure that Maori cultural and heritage values are recognised and provided for in development proposals, including the role of tangata whenua as kaitiaki. Significant adverse effects on areas and resources of significance are to be avoided and other adverse effects remedied or mitigated (Policy IW 2). Policies IW 7, IW 8 and IW 9 provide guidance on remedying or mitigating these effects. Policy IW 5 is also relevant and requires that decision makers recognise that only tangata whenua can identify and substantiate their relationship and that of their culture and traditions with their ancestral lands, water, sites, wāhi tapu and other taonga. The cultural effects of the proposal have been discussed in previous sections of this report, including the consultation process that has been undertaken and the difficulty in fully assessing the effects of the proposal without the benefit of any formal statement or submission from Upokorehe Hapu. Based on the available information there is no indication that the proposal will adversely affect cultural resources or sites of significance Historic Heritage Policy HH 2 is relevant and states that when making decisions on any subdivision, use or development that may have an adverse effect on historic heritage resources in the coastal environment, regional, district and city councils shall: (a) Assess whether the historic heritage resource is of national importance in accordance with Policy MN 1B of the RPS and Appendix F set 4 and set 5; (b) Determine whether the activity is appropriate based on Policy MN 7B and Appendix G to the RPS; (c) Ensure matters of significance to Māori are managed in accordance with RPS Policies IW 2B, IW 4B, and IW 5B and the policies specific to Māori cultural heritage in Section 3 - Iwi Resource Management of this Plan; and (d) Ensure an integrated management approach is taken in accordance with RPS Policy IR 6B. In this case, the archaeological assessment provided with the application has determined that the proposal will not affect any known archaeological sites. Summary 1 As a permitted or controlled activity A Page 32 of 42

33 In summary, it is considered that the proposal is consistent with the objectives and policies of the RCEP, although noting the challenge in fully evaluating cultural effects without formal input from tangata whenua. 12 Bay of Plenty Regional Natural Resources Plan (RNRP) The RNRP (formerly the Water and Land Plan) regulates water, land, geothermal resources and physical resources associated with the use of water. Provisions relevant to the proposal involve the management of earthworks and stormwater disposal to ensure the potential for land erosion and sediment runoff is addressed appropriately during the development works. These matters have been addressed through the recommended consent conditions requiring that all earthworks be undertaken in accordance with the Bay of Plenty Regional Council s Erosion and Sediment Control Guidelines for Land Disturbing Activities. The RNRP also deals with the disturbance and remediation of contaminated land. The objectives and policies within this section seek to ensure that significant adverse effects of existing contaminated land are remediated or mitigated (Objective 38, Policy 58, 59 and 60). As noted previously, BOPRC has issued a resource consent for the disturbance and remediation of the contaminated soil on the property and a copy of this consent is included in Appendix 2. The recommended conditions on the NESCS consent have adopted corresponding conditions from this consent where appropriate. Summary In summary, it is considered that the proposal is consistent with the outcomes sought by the objectives and policies of the RNRP Bay of Plenty On-Site Effluent Treatment Regional Plan (OSET Plan) The requirements of the OSET Plan have been considered in the geotechnical assessment prepared in support of the application. This report has provided recommendations for the design and installation of on-site effluent treatment systems on each of the proposed lots to ensure the development of the subdivision can be undertaken as a permitted activity under the OSET Plan. Subject to the inclusion of these recommendations as consent conditions, it is considered that the proposal is consistent with the OSET Plan. 13 BAY OF PLENTY REGIONAL POLICY STATEMENT Section 104(1)(b) requires regard be given to relevant provisions of operative and proposed Regional Policy Statements. The Bay of Plenty Regional Policy Statement is addressed in the following sub-section Coastal Environment Objectives and policies associated with the coastal environment are relevant to the proposal. The provisions of most relevance seek to preserve, restore, and enhance (where appropriate) the natural character and ecological functioning of the coastal environment. In addition, the provisions seek to enable subdivision, use and development in appropriate locations in the coastal environment. The following are the key themes from the policies: (a) Significant adverse effects on the attributes comprising the natural character of the coastal environment are to be avoided, and activities with less severe effects are to be avoided, remedied or mitigated. (b) It is to be recognised that areas identified as having high, very high or outstanding natural character can be particularly sensitive to the adverse effects of inappropriate subdivision, use and development A Page 33 of 42

34 (c) When assessing the effects of activities on the natural character of the coastal environment, particular regard is to be given to the RPS mapping of natural character and values and attributes set out in Appendix F to the RPS. As identified in earlier sections of this report, proposed lots 6 and 100 (including the proposed dwelling) are located within the coastal environment as defined by the RPS. The subject proposed is not identified as having high, very high or outstanding natural character. The effects of the proposal on natural character have been assessed earlier in this report. In summary, the characteristics of the site and the design of the subdivision, including mitigation measures proposed in the landscape assessment, ensure that the site is able to absorb the proposed development with only minor effects on natural character Integrated Resource Management Objectives and policies associated with integrated resource management are relevant to the proposal. The objectives and policies of most relevance seek the following outcomes 2. a. Timely consultation and exchange of information in the interests of resolving resource management issues 3. b. An integrated approach to resource management is to be adopted that: i. Recognises and responds to the interconnected and multiple values of natural and physical resources; ii. iii. iv. Responds to the nature and values of the resource and the diversity of effects that can occur; Seeks to maximise benefits by considering opportunities to align the interventions and/or achieve multiple objectives; Takes a long-term strategic approach; and v. Applies consistent and best practice standards and processes to decision making. Section 10 of the application describes the consultation undertaken by the applicant prior to lodging the application. In addition, the application has been subject to limited notification. The matters raised in submissions have been discussed earlier in this report. Matters associated with integrated management have been previously discussed, in particular the site values and the range of effects resulting from the proposal. The proposal provides an opportunity to ensure protection of areas of significant indigenous vegetation and to enhance the natural heritage values of the site by undertaking additional planting as recommended in the landscape assessment Iwi Resource Management The most relevant objectives and policies relating to iwi resource management are Objective 13 and Policies IW 2B, IW 3B, IW 4B and IW 5B. The key outcomes sought by these objectives and policies are as follows: a. Kaitiakitanga recognised and the principles of the Treaty of Waitangi are taken into account. b. Tangata whenua values and their culture and traditions are to be recognised and provided for where proposals may affect the relationship of Maori with their culture and traditions. 2 Objective 11, Objective 12, Policy IR 1B, Policy IR 2B, Policy IR 3B, Policy IR 4B and Policy IR 6B. 3 Objective 12 and Policy IR 4B A Page 34 of 42

35 c. It is to be recognised that only tangata whenua can identify and substantiate their relationship and that of the culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga. d. When considering proposals that may adversely affect any matter of significance to Maori, there is to be recognition and provision for avoiding, remedying or mitigating adverse effects on kaitiakitanga, mauri, and other areas of significance, such as sites of cultural significance. Objectives and policies associated with iwi resource management are consistent with the provisions in the Opotiki District Plan and RCEP, which have been addressed in earlier sections of this report. As has been noted earlier, the applicant has engaged in a consultation process with tangata whenua and has incorporated feedback provided through this process into the proposal. The absence of a formal consultation response or submission from Upokorehe Hapu on the proposal has limited the ability to reach a definitive conclusion on the cultural effects of the proposal Matters of National Importance The subject property contains sites and values that are matters of national importance. The identification in the RCEP of scheduled indigenous vegetation areas on the property demonstrates that the sites meet the criteria within Set 3 of Appendix F. The area surrounding the subject site includes values of significance to Maori that will meet the criteria in Set 4 of Appendix F. Furthermore, there is potential that values may be present that meet the criteria in Set 5 (historic heritage). On this basis, it is considered that the objectives and policies relating to matters of national importance are relevant to the assessment of the application. The most relevant provisions are Objectives and Policies MN 1B to MN 8B. These objectives and policies seek to ensure that matters of national importance are recognised, preserved and protected in a manner consistent with Section 6 of the Act. It is identified in the archaeological assessment supporting the application that the proposal will not affect known historic sites. No sites of significant cultural value have been identified through consultation with iwi (noting that no formal CIA or consultation response has been provided). Consent conditions have been recommended to ensure effects on historic heritage and cultural values are managed appropriately, based on the current understanding of these values. The potential effects on significant indigenous vegetation areas have been discussed previously. These areas will be contained within the balance land and will not be affected by the proposal. As such, it is considered that the proposal is consistent with the outcomes sought by the RPS in respect of significant indigenous vegetation and habitats. Summary In summary, it is considered that the proposal is consistent with the broad direction of the RPS. 14 NEW ZEALAND COASTAL POLICY STATEMENT The New Zealand Coastal Policy Statement (NZCPS) contains a number of objectives and policies relating to the coastal environment, which must be given consideration to in the assessment of this application. The objectives of the NZCPS seek to a. Safeguard the integrity, form, functioning and resilience of the coastal environment and sustain its ecosystems; A Page 35 of 42

36 b. Preserve the natural character of the coastal environment and protect natural features and landscape values; c. Take into account the principles of the Treaty of Waitangi, recognise the role of tangata whenua as kaitiaki and provide for tangata whenua involvement in the management of the coastal environment; d. Enable people and communities to provide for their social, economic and cultural wellbeing as well as their health and safety. These themes are carried through into policies. The key policies that are relevant to the proposal are:] Policy 2 The Treaty of Waitangi, tangata whenua and Maori heritage Policy 4 Integration Policy 11 Indigenous biological diversity Policy 13 Preservation of natural character Policy 17 Historic heritage identification and protection These matters have largely been discussed in earlier sections of this report. In summary, the principles of the Treaty of Waitangi have been taken into account and opportunities provided for tangata whenua involvement in the proposal. The proposal recognises the need for integrated management and control of activities in the coastal environment. Adverse effects on identified areas of significant indigenous biodiversity will be avoided and mitigation measures are proposed to ensure natural character values are preserved. No known archaeological sites will be affected and consent conditions will ensure measures are in place to manage the potential for previously unrecorded sites to be encountered. Overall, it is considered that the proposal will support the objectives and policies of the NZCPS. 15 NATIONAL ENVIRONMENTAL STANDARD FOR ASSESSING AND MANAGING CONTAMINANTS IN SOIL TO PROTECT HUMAN HEALTH The Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (NESCS) took effect on 1 January The standards are applicable if the land in question is, or has been, or is more than likely to have been used for a hazardous activity or industry and the applicant proposes to subdivide or change the use of the land, or disturb the soil or remove or replace a fuel storage system. The main objective of the NESCS is to set nationally consistent planning controls appropriate to district councils for assessing contaminants in soil and to set chemical specific soil contaminant thresholds (standards) that define an appropriate level of protection for human health for a range of different land uses. The application has assessed that the subject site is land covered by the NESCS as it has been subject the application and storage of fertiliser, which is known to have the potential to result in elevated levels of cadmium in the soil which could be a risk to human health or the environment. The application contains a report prepared by Geo & Hydro K8 Ltd which provides a detailed assessment of the nature, magnitude and extent of the contaminants within the parts of the property that are proposed to be developed for residential land use (Lots 1 6 and the house site on Lot 100). The report is comprised of a Detailed Site Investigation (DSI), a Further Investigation (FI) and a Remedial Action Plan (RAP). The report determines that the proposal is a restricted discretionary activity under the NESCS. A Page 36 of 42

37 Taking into account the methodology for remediating the site described in the RAP, any actual or potential adverse effects on human health associated with the disturbance of the contaminated soils will be appropriately avoided, remedied or mitigated to an acceptable level. Following remediation, the land will be suitable for rural residential land use based on the contaminant levels set out in the NESCS. The assessment criteria for restricted discretionary activities under Regulation 10 of the NESCS. The matters over which discretion is restricted are set out in clause (3): The matters over which discretion is restricted are as follows: (a) the adequacy of the detailed site investigation, including (i) site sampling: (ii) Laboratory analysis: (iii) risk assessment: (b) the suitability of the piece of land for the proposed activity, given the amount and kind of soil contamination: (c) the approach to the remediation or ongoing management of the piece of land, including (i) the remediation or management methods to address the risk posed by the contaminants to human health: (ii) the timing of the remediation: (iii) the standard of the remediation on completion: (iv) the mitigation methods to address the risk posed by the contaminants to human health: (v) the mitigation measures for the piece of land, including the frequency and location of monitoring of specified contaminants: (d) the adequacy of the site management plan or the site validation report or both, as applicable: (e) the transport, disposal, and tracking of soil and other materials taken away in the course of the activity: (f) the requirement for and conditions of a financial bond: (g) the timing and nature of the review of the conditions in the resource consent: (h) the duration of the resource consent. These matters are addressed in the report discussed above and the recommended consent conditions which require the remediation activities to be carried out in accordance with the RAP. 16 SECTION 104D There are additional restrictions for non-complying activities under the section 104D(1) of the Act. In order to approve a non-complying activity, Council must be satisfied that either: a) The adverse effects of the activity on the environment (other than any effect to which section 104(3)(a)(ii) applies) will be minor; or b) The application is for an activity that will not be contrary to the objectives and policies of i) The relevant plan, if there is a plan but no proposed plan in respect of the activity; or A Page 37 of 42

38 ii) iii) The relevant proposed plan, if there is a proposed plan but no relevant plan in respect of the activity; or Both the relevant plan and the relevant proposed plan, if there is both a plan and a proposed plan in respect of an activity. When making this determination Council: must disregard any effects on a person who has provided their written approval to the application; and may disregard any adverse effects of the proposed activity if a rule in a plan or national environmental standard permits an activity with that effect. The potential adverse effects of this proposal have been assessed in previous sections of this report, where it was concluded that the potential adverse effects will be no more than minor. Additionally, the objectives and policies of both the Proposed and Operative District Plan have been assessed in relation to this application in this report. This assessment concluded that the proposal is not contrary to the relevant objectives and policies. This application meets the tests of both section 104D(1)(a) and 104D(1)(b) and is therefore appropriate for the application to be determined under section 104B of the Act. 17 SECTION 104 ASSESSMENT CONCLUSION Subject to the resolution of the matters identified in this report, the potential adverse effects of this proposal are considered to be minor, and acceptable. This assessment has also demonstrated that this proposal is not contrary to the relevant objectives and policies, and meets the assessment criteria. Overall, the relevant matters of section 104 of the Act have been appropriately addressed in the previous section of this report, noting that at this stage there remain several matters require further information or clarification. 18 PART 2 ASSESSMENT Part 2 of the RMA sets out the purpose and principles of the Act, which are set out in Sections 5-8 and considered in the following sub-sections Section 5 Section 5(1) states the purpose of the Act is to promote the sustainable management of natural and physical resources. Subsection (2) defines sustainable management as meaning: managing the use, development and protection of natural and physical resources in a way, or at a rate which enables people and communities to provide for their social, economic and cultural well-being and for their health and safety while (a) (b) (c) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonable foreseeable needs of future generations: and Safeguarding the life-supporting capacity of air, water, soil and ecosystems; and Avoiding, remedying, or mitigating any adverse effects of activities on the environment. The proposal involves the conversion of part of a large pastoral grazing property to rural residential land use. It provides an economic benefit to the applicant as well as direct and indirect economic and social benefits to the wider community through the development of the new allotments and growth in the local community with additional residents. The subdivision will result in some loss of land from rural production use, however the soils are not classed as versatile and the affected area is relatively small. The life-supporting capacity of A Page 38 of 42

39 air, water, soil and ecosystems will not be significantly affected and the proposal incorporates the protection of areas of significant indigenous vegetation and additional planting outside of these areas to enhance biodiversity values. A package of mitigation measures are set out in the application and have been included as recommended consent conditions. Overall, it is considered that the proposal achieves the sustainable management purpose of the Act, subject to the resolution of those matters that have been identified in this report as requiring further consideration. It is anticipated that these matters will be further clarified through the Applicants evidence and during the course of the hearing Section 6 Section 6 of the Resource Management Act states: In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development and protection of natural and physical resources, shall recognise and provide for the following matters of national importance: (a) (c) (e) The preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use and development; The protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna; The relationship of Maori and their culture and traditions and their ancestral lands, water, sites, waahi tapu, and other taonga.) These matters have been addressed throughout this report. The landscape assessment provided with the application has assessed the effects of the proposal on the natural character of the coastal environment and recommended mitigation measures to ensure the subdivision and development is appropriate. The identified areas of significant indigenous vegetation will not be directly affected by the proposal and measures are proposed to ensure their protection. Cultural matters have been discussed previously and based on the information that is currently available and without the benefit of specific input from tangata whenua, it is considered that the proposal recognises and provides for the matters listed in section 6(e) 18.3 Section 7 Section 7 of the Act lists other matters which must be given particular regard to when managing the use, development and protection of natural and physical resources. The matters relevant to this application are: a. Kaitiakitanga aa. The ethic of stewardship b. The efficient use and development of natural and physical resources c. The maintenance and enhancement of amenity values d. Intrinsic values of ecosystems f. Maintenance and enhancement of the quality of the environment g. Any finite characteristics of natural and physical resources The consultation process undertaken by the applicant and the particular regard that has been given to the role of Upokorehe Hapu as kaitiaki has been discussed in previous sections of this report. A Page 39 of 42

40 The proposed subdivision has been designed to achieve the efficient use of natural and physical resources, by utilising non-versatile soils for rural residential activities and designing the subdivision to utilise existing access tracks and house sites that require minimal earthworks to develop. The effects of the proposal on amenity values and ecosystems has been previously considered and the recommended consent conditions ensure appropriate mitigation measures are in place. As mentioned above, the finite characteristic of the soil resource and land as a resource for rural production activities has been considered in the design of the subdivision. Overall, it is considered that appropriate consideration has been given to the matters set out in Section 7 of the Act. In this regard, the proposal is considered to be broadly aligned with the outcomes sought Section 8 Treaty of Waitangi When managing the use, development and protection of natural and physical resources, Section 8 of the Act requires that the principles of the Treaty of Waitangi be taken into account. The principles considered to be relevant to the proposal are: a. Partnership b. A mutual obligation to act reasonably and in good faith c. Mutual benefit; and In my opinion, based on the information provided in the application, the engagement process followed by the applicant has been undertaken reasonably and in good faith. The measures proposed by the applicant in response to matters raised during this consultation process and the proposed consent conditions are evidence of this. It is difficult to reach a conclusion on the principles of partnership and mutual benefit without having a specific response from Upokorehe, however the proposed ongoing protection of significant indigenous vegetation on the property and additional planting would, in my opinion, support tangata whenua aspirations for protection and restoration of natural heritage values. Overall, it is considered that due consideration has been given to the principles of the Treaty of Waitangi in the development of the proposal. The assessment of the application against cultural values has been limited by the absence of any information provided directly by tangata whenua. 19 CONCLUSION In summary, the key actual and potential effects of the proposal are associated with natural character and landscape values, amenity values, indigenous biodiversity, contaminated soil (human health), traffic, archaeological, reverse sensitivity, and cultural effects. These matters have been discussed throughout this report and it has been concluded that in most cases the actual and potential effects are acceptable having regard to the mitigation measures proposed by the applicant and subject to the recommended consent conditions. In summary, the proposal results in a range of actual and potential effects, both adverse and positive. As has been discussed throughout this report, the adverse environmental effects are largely associated with the development of the site for rural residential land use with the associated construction of buildings, accessways and roading improvements. These effects are generally of a nature and extent that enables the characteristics and values of the site and surroundings to be maintained. There are however, some matters that have been identified as requiring further consideration and it is anticipated that these will be clarified through the applicant s evidence and during the course of the hearing. In this regard the following are considered to be matters that require further consideration: A Page 40 of 42

41 a. The cultural effects of the proposal in the absence of any formal consultation response or submission from tangata whenua; b. The effects of the proposed road widening works on indigenous vegetation and habitats; and c. Confirmation of the ability to obtain part of the Oscar Reeve Scenic Reserve for road widening purposes. The application has been considered against the relevant statutory planning instruments including the NZCPS, RPS, regional plans (RCEP, RNRP, OSET) and the Operative and Proposed District Plan. Subject to clarification and resolution of the outstanding matters identified in this report, it is considered that the proposal is broadly consistent with the relevant provisions of the statutory planning documents. Subject to being satisfied with the outstanding matters identified in this report, it is considered that the proposal will achieve the broad sustainable management purpose of the Act. 20 RECOMMENDATION Subject to being satisfied with the aspects of the proposal that have been identified as requiring further consideration, it is recommended that the Opotiki District Council grants the resource consents subject to conditions. A set of draft recommended conditions is included in Appendix 1 to this report. Tim Fergusson Principal / Senior Planner Harrison Grierson Consultants Limited Consultant Processing Planner for Opotiki District Council Attached to this report: Appendix 1: Recommended consent conditions Appendix 2: BOPRC resource consent Appendix 3: Proposed Opotiki District Plan Objectives and Policies Appendix 4: Entrance Improvements Concept Plan A Page 41 of 42

42 Report Authorisation Report writer: Tim Fergusson Consultant Planner First Approval: Gerard McCormack Planning and Regulatory Group Manager Final Approval: A Page 42 of 42

43 Appendix 1 Recommended Consent Conditions

44 RECOMMENDED CONSENT CONDITIONS RC SUBDIVISION THAT pursuant to Sections 34A, 104, 108, 220 and 221 of the Resource Management Act 1991, and Rule of the Operative Opotiki District Plan, the Opotiki District Council grants consent as a non-complying activity to: a) subdivide into seven lots land legally described as Lot 1 DP (CFR ) and Lot 1 DP 5859 (CFR ) b) Amalgamate a resultant lot with Lot 3 DP 5859 (CFR ) c) Vest part of Lot 4 DP 5859 (CT GS4A/400) and Lot 2 DP (CFR 14730) as legal road. subject to the following conditions: Plans and Information 1. That the proposed activity shall be carried out in general accordance with Plan Number T-P-D001 Issue F dated 15 December 2017 prepared by Stratum Consultants and information submitted as part of this application including: Staging a) The resource consent application prepared by Stratum Consultants Limited dated June 2017; b) The Landscape and Visual Effects Assessment prepared by Richard Hart Landscape Architect dated June 2017 c) The Archaeological Assessment prepared by Insitu Heritage dated June 2017; d) The Geotechnical Report prepared by Stratum Consultants Ltd dated June 2017; e) The Transportation Assessment prepared by Harrison Transportation dated 18 October That the subdivision may be completed in the following stages, with appropriate conditions applying to each stage: Easements a) Stage One = Lots 1, 2, 3, b) Stage Two = Lots 4, 5, 6, 7 and 8 and amalgamation of Lot 100 with Lot 3 DP That all easements required to protect access and services shall be duly granted and reserved. 4. That any redundant existing easements may be cancelled pursuant to Section 243(e) Resource Management Act General 5. That the building platforms on Lots 1 6 are to be defined by survey and shown on the Land Transfer Plan. 6. All building platforms defined in accordance with condition 5. shall have a maximum area of 500m All dwellings and accessory buildings shall be contained within the defined building platform. 8. That all works required to construct the subdivision shall be designed, constructed and certified in accordance with the Opotiki District Council "Code of Practice

45 Subdivision and Development" version 1:2000, or as agreed in writing by the Chief Executive of the Ōpōtiki District Council or delegate. 9. A bond of $x shall be paid to the Opotiki District Council and will be used to provide for any repair or restoration works required to remedy any damage caused to the road or Council services as a result of the construction of the subdivision, including vehicle entrance improvements. The bond shall be paid prior to construction works commencing and will be held until such time as S224c certification has been issued by Council for Stage 2 unless otherwise agreed by the Chief Executive of the Opotiki District Council or delegate.. Soil Contamination 10. Prior to S223 certification for Stage One of the subdivision, the consent holder shall provide to Council a site validation report prepared in accordance with the approved Remedial Action Plan and prepared by a suitably qualified and experienced contaminated land professional in accordance with the Ministry for the Environment (MfE) 'Contaminated Land Management Guideline 1: Reporting on Contaminated Site in New Zealand (2011). 11. The areas within Lots 2 and 3 that are identified in the site validation report as having achieved the validation target shall be defined on the Land Transfer Plan submitted for approval as part of S223 certification for Stage One of the subdivision. Access 12. That the proposed right of way shown as A, B, C and D on the approved scheme plan shall be upgraded to comply with Standard Drawings R26 and R27 of the Opotiki District Council "Code of Practice Subdivision and Development" version 1:2000, or as agreed to or as agreed in writing by the Chief Executive of Ōpōtiki District Council or delegate. Vehicle Entrance Improvements 13. That prior to S224c certification for Stage 2 of the subdivision, the applicant shall upgrade the vehicle entrance to Ohiwa Harbour Road to comply with NZTA Diagram D standard. 14. That no fewer than 20 working days prior to commencing works to upgrade the vehicle entrance, the applicant shall submit to the Chief Executive of Ōpōtiki District Council or delegate for approval full engineering design details and drawings for the works required to upgrade the existing vehicle entrance to Ohiwa Harbour Road to comply with NZTA Diagram D standard. The plans shall include (but not be limited to): a) Engineering plans prepared by a Chartered Professional Engineer for the vehicle entrance design and associated earthworks. The plans are to address geotechnical issues, stormwater control, slope stability, site stabilisation, and formation standard. b) A detailed traffic management plan. 15. The vehicle entrance improvements shall be completed in accordance with the information provided under Condition 9 to the satisfaction of the Chief Executive of Ōpōtiki District Council or delegate prior to the issue of S224c certificate for Stage 2 of the subdivision. Indigenous Vegetation Protection 16. That a stock-proof fence shall be constructed around the perimeter of the indigenous biodiversity sites identified on the Planning Maps of the Bay of Plenty Regional Coastal Environment Plan as Oscar Reeve Scenic Reserve and Extension Schedule A sites. The fence shall be a six-wire post and batten fence or an alternative standard approved by the Opotiki District Council. The fence shall be constructed to the satisfaction of the Chief Executive of Ōpōtiki District Council or delegate prior to S224c certification for Stage One of the subdivision.

46 17. That the areas of significant indigenous vegetation identified on the Planning Maps of the Bay of Plenty Regional Coastal Environment Plan as Oscar Reeve Scenic Reserve and Extension Schedule A sites shall be defined by survey and shown on the Land Transfer Plan. Reserve Contributions 18. That a reserve contribution of $3,160 (4x$790) is to be paid, with respect to Lots 1, 2 and 3 (for Stage One) and Lots 4, 5 and 6 (for Stage Two) prior to the issue of a the first certificate pursuant to Section 224 of the Act relating to this resource consent. Amalgamations 19. That Lot 100 and Lot 3 DP 5859 shall be held in the same Computer Freehold Register. Consent Notice 20. That a consent notice, in accordance with Section 221 of the RMA, shall be issued and registered against the Computer Register for Lots 1, 2 and 3 (for Stage One) and Lots 4, 5, and 6 (for Stage Two) to record that the owner(s) shall on an ongoing basis shall: a) As part of any future dwelling on the land a water tank with storage capacity of 23,000 litres shall be provided complete with NZSFS instantaneous (female) fittings at the base of the tank for firefighting purposes. This shall be installed at Building Consent stage; b) Provide evidence at the time of Building Consent application that there is a potable water supply available that meets with the relevant requirements of the Drinking Water Standards; c) That all buildings, structures and other development on the land including stormwater and wastewater systems shall be designed and constructed in accordance with the recommendations contained in the Stratum Consultants Ltd Geotechnical Report dated June 2017; d) That prior to undertaking any ground disturbance within the defined building platform either: i. A subsurface archaeological investigation be carried out under s56 of the Heritage New Zealand Pouhere Taonga Act 2014 in order to determine the extent and significance of any archaeological features present; or ii. An archaeological assessment be undertaken by a suitably qualified archaeologist to determine whether an archaeological authority is required in order to authorise the works. This will depend on the nature and extent of the proposed ground disturbing activities. e) Ensure that no more than one dwelling or other habitable building is erected on the site; f) That all buildings and structures and located within the defined building platform shown on the Land Transfer Plan; g) That the maximum building height on Lots 1-5 shall be 5 metres above existing ground level. h) That the maximum building height on Lot 6 shall be 6m above existing ground level. i) That the exterior walls and roof of all buildings shall have a reflectivity of no more than 37% and use colours contained within BS5252 Groups A and B.

47 j) As part of the building consent documentation to construct a dwelling on the land a planting plan shall be submitted to Council. The planting plan shall be in general accordance with the landscaping plan prepared by Richard Hart titled Ohiwa Cove North Block, Landscape Plan dated March The planting plan shall be implemented no later than the autumn-winter-spring planting season immediately following the start of construction. k) All fencing outside the specified building platforms shall be of a rural post and wire / mesh construction. l) Not apply for further subdivision of the property other than for a minor boundary adjustment. m) That an archaeological assessment shall be prepared for the proposed house site location on the land and submitted to Council as part of the building consent documentation for any new dwelling. n) At least 20 working days prior to earthworks commencing within the defined building platforms, the applicant shall contact Upokorehe Hapu in writing with an invitation to undertake a site inspection and provide a 10 working day period the inspection to be carried out. o) Be aware that the property is located within a rural area where the predominant use of land is typically rural production and other rural based activities. The effects of lawful activities may from time to time result in the occupier experiencing effects such as odour, dust, noise, lighting, frost fans or increased traffic volumes and types of vehicles. The owners of the land acknowledge that these effects are typical of the environment they live within and that Council will not consider complaints regarding effects of lawful activities. p) Be aware that the property is located adjacent to areas of significant indigenous biodiversity value and in order to protect the values of these areas it is important to recognise: i. the effects that domestic animals (including cats and ferrets) could have on wildlife values of native forest, ii. iii. iv. the importance of excluding stock from natural areas to protect ecological values, the impact that un-secured dogs could have on North Island brown kiwi in the Ohiwa area, and the potential for some garden plant varieties to invade and degrade natural areas. q) That the consent holder shall pay the Council's legal costs and disbursements directly attributable to the preparation, execution and registration of the consent notice 21. That a consent notice, in accordance with Section 221 of the RMA, shall be issued and registered against the Computer Register for Lots 2 and 3 to record that the owner(s) shall on an ongoing basis comply with the following requirements: a) That prior to undertaking and soil disturbance activities outside the contamination covenant areas identified on the survey plan, a assessment shall be undertaken in accordance with the Ministry for the Environment (MfE) 'Contaminated Land Management Guidelines to determine whether the land meets the relevant soil contaminant standards set out in the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health. A copy of this assessment shall be provided to the Council. 22. That a consent notice, or other form of legal covenant, shall be issued and registered against the Computer Register for Lot 100 to record that the owner(s) shall on an ongoing basis:

48 a) Be aware that Area E as defined on the survey plan contains contaminated soil material. No residential development is permitted within this area. b) That the consent holder shall pay the Council's legal costs and disbursements directly attributable to the preparation, execution and registration of the consent notice. Advice Notes 1. Archaeological sites are historic places as defined by the Heritage New Zealand Pouhere Taonga Act 2014, and all archaeological sites are protected under the provisions of that Act regardless of whether they have previously been recorded or not. Any activity, which impacts on an archaeological site, requires the prior permission of Heritage NZ. If any archaeological site is uncovered during the exercise of this consent or any archaeological site is uncovered work must stop and permission obtained from Heritage NZ under Section 44 of the Act.

49 LAND USE CONSENT THAT pursuant to Sections 34A, 104, 108, 220 and 221 of the Resource Management Act 1991, and Rule of the Operative Opotiki District Plan, the Opotiki District Council grants consent as a non-complying activity to construct a dwelling on a ridgeline on land legally described as Lot 1 DP (CFR ), located at Ohiwa Beach Road, subject to the following conditions: 1. That the proposed activity shall be carried out in general accordance with the plans and information submitted with the application, including: a) The resource consent application prepared by Stratum Consultants Ltd dated June 2017; b) The Geotechnical Report prepared by Stratum Consultants Ltd dated June c) The Landscape and Visual Effects Assessment prepared by Richard Hart dated June 2017 d) The plans prepared by First Principle Architects Project No. OHI-01 Sheets , , , , , , Rev A dated 3 May The planting shown on the landscaping plan prepared by Richard Hart titled Ohiwa Cove North Block, Landscape Plan dated March 2017 shall be implemented no later than the autumn-winter-spring planting season immediately following the start of construction. 3. That until S224c certification for Stage 2 of the subdivision of the subject property has been completed in accordance with Opotiki District Council Resource Consent RC vehicle access to the dwelling shall not be permitted over the accessway shown as A,B,C,D on Plan Number T-P-D001 Issue F dated 15 December 2017 prepared by Stratum Consultants. NESCS CONSENT THAT pursuant to section 9(1)(a) of the Act and Regulation 10 of the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 the Opotiki District Council grants consent as a restricted discretionary to disturb soil on land legally described as Lot 1 DP (CFR ), located at Ohiwa Beach Road, subject to the following conditions: 1. The consent holder shall ensure that all activities are carried out in accordance with the relevant sections of the Resource Consent Application and specific documentation as set out in the Remedial Action Plan and Site Management Plan prepared by Geo & Hydro K8 Ltd dated June The consent holder shall notify the Bay of Plenty Regional Council, in writing, no fewer than five working days before works authorised by this consent are undertaken. Notification at this time shall include the following details: a) name and telephone number of the project manager, contactor and site owner; b) site address to which the consent relates c) activity to which the consent relates d) expected duration of works. 3. The consent holder shall ensure that all exposed areas of earth resulting from works under this consent are effectively stabilised against erosion by vegetative cover or other methods as soon as practicable following the completion of works. 4. The site shall be remediated to have a cadmium concentration equal to or less than the guideline levels for residential land use as stipulated in the National Environmental

50 Standard for Assessing and Managing the Contaminants in Soils to Protect Human Health. 5. The consent holder shall submit a Site Validation Report (SVR) to the Chief Executive of the Opotiki District Council (or delegate) within three (3) months of completion of the remediation works. The SVR shall be prepared by a suitably qualified and experienced contaminated land professional in accordance with the Ministry for the Environment (MfE) 'Contaminated Land Management Guideline 1: Reporting on Contaminated Site in New Zealand (2011)' and shall, as a minimum, include: a) A summary of the works undertaken, including additional remediation (if required), a statement confirming whether the remediation of the works areas has been completed in accordance with the approved Site Management Plan; b) The locations and dimensions of the excavations carried out, including a relevant site plan; c) Confirmation that a minimum area of 1,500m 2 around the defined house sites on Lots 2 and 3 have achieved the remediation target. d) Records of any unexpected contamination encountered during the works, if applicable; and e) A summary of additional soil sampling (if required) and validation sampling undertaken and tabulated analytical results. f) Any soil analysis shall be undertaken by an IANZ accredited laboratory. 6. On completion of the remedial works the validated area shall be defined by survey and registered as a covenant on the titles of Lots 2 and 3 and shown on the Land Transfer Plan.

51 Appendix 2 BOPRC Resource Consent

52 Resource Consent Resource Consent RM AP Following the processing of the Application received on the 28 June 2017, the Bay of Plenty Regional Council has granted the applicant(s): Ohiwa Cove Ltd Consent(s) to: RM DC.01 Discharge to Land Expiry 31 July 2022 RM LC.01 Earthworks or Excavation Expiry 31 July 2022 The consent(s) are subject to the conditions specified on the attached schedule(s) for each activity. Advice notes are also provided as supplementary guidance, and to specify additional information to relevant conditions. The Resource Consent hereby authorised is granted under the Resource Management Act 1991 does not constitute an authority under any other Act, Regulation or Bylaw. DATED at Whakatane this 3rd day of August 2017 For and on behalf of The Bay of Plenty Regional Council Mary-Anne Macleod Chief Executive Report Date: 4 August 2017 Report ID: BRCCONRP042 Page: 1 of 6

53 Consent Number: RM DC.01 Bay of Plenty Regional Council Resource Consent Pursuant to the Resource Management Act 1991, the Bay of Plenty Regional Council, by a decision dated 3 August 2017, hereby grants: A resource consent: Under section 15(2A)(b) of the Resource Management Act 1991 and Rule 35 of the Bay of Plenty Regional Water and Land Plan to undertake a restricted discretionary activity being to discharge contaminants to land as a result of the remediation of a contaminated site. subject to the following conditions: 1 Purpose 1.1 The purpose of this resource consent is to authorise and set conditions on the temporary discharge of contaminated stormwater to land soakage associated with the remediation of contaminated land. 2 Location 2.1 The activities authorised under this consent shall be located at Ohiwa Harbour Road as shown on the plan referenced as B.O.P.R.C Plan Number RM /1. 3 Map Reference 3.1 At or about map reference NZTM , Legal Description 4.1 Lot 1 DP & Lot 1 DP 5859, Opotiki District 5 Temporary Stormwater Discharge 5.1 The consent holder shall ensure that the remediation site is effectively isolated so that all potentially contaminated storm-water from the remediation site is contained within the remediation activity site and discharged to ground soakage at the base of excavations. 5.2 The consent holder shall divert uncontaminated catchment runoff away from the area of contaminated land earthworks and any stockpiled contaminated soils. 7 Resource Management Charges 7.1 The consent holder shall pay the Bay of Plenty Regional Council such administrative charges as are fixed from time to time by the Regional Council in accordance with section 36 of the Resource Management Act Term of Consent 8.1 This consent shall expire on 31 July 2022 Report Date: 4 August 2017 Report ID: BRCCONRP042 Page: 2 of 6

54 9 The Consent 9.1 The Consent hereby authorised is granted under the Resource Management Act 1991 and does not constitute an authority under any other Act, Regulation or Bylaw. Advice Notes 1 The consent holder is responsible for ensuring that all contractors carrying out works under this consent are made aware of the relevant consent conditions, plans and associated documents. 2 The consent holder is advised that non-compliance with consent conditions may result in enforcement action against the consent holder and/or their contractors. Report Date: 4 August 2017 Report ID: BRCCONRP042 Page: 4 of 6

55 Consent Number: RM LC.01 Bay of Plenty Regional Council Resource Consent Pursuant to the Resource Management Act 1991, the Bay of Plenty Regional Council, by a decision dated 3 August 2017, hereby grants: A resource consent: Under section 9(2)(a) of the Resource Management Act 1991 and Rule 35 of the Bay of Plenty Regional Water and Land Plan to undertake a restricted discretionary activity being the disturbance and remediation of a contaminated site. subject to the following conditions: 1 Purpose 1.1 The purpose of this resource consent is to authorise and specify conditions with the disturbance and remediation of contaminated land for the purpose of a residential development. 2 Location 2.1 The activities authorised under this consent shall be located at Ohiwa Harbour Road, as shown on the plan referenced as B.O.P.R.C Plan Number RM /1. 3 Map Reference 3.1 At or about map reference NZTM , Legal Description 4.1 Lot 1 DP & Lot 1 DP 5859, Opotiki District 5 Notification of Works - 5 days 5.1 The consent holder shall notify the Bay of Plenty Regional Council, in writing, no fewer than five working days before works authorised by this consent are undertaken. Notification at this time shall include details of who is responsible for on site management and compliance with consent conditions (see Advice Note 2). 5.2 The consent holder shall notify, in writing, the Bay of Plenty Regional Council within five working days of the completion of works under this consent (see Advice Note 2). 6 Contaminated Land Remediation 6.1 The consent holder shall ensure that all earthworks operations and installation of erosion and sediment controls are carried out in accordance with the relevant sections of the Resource Consent Application received by Bay of Plenty Regional Council on 28 June 2017, and specific documentation as set out in the Remediation Action Plan and Site Management Plan, attached as Appendix 1 to these conditions. 6.2 The consent holder shall ensure that no more than 0.6 hectares of earth is exposed on site at any one time. Report Date: 4 August 2017 Report ID: BRCCONRP042 Page: 4 of 6

56 6.3 The consent holder shall ensure that the works authorised under this consent are completed within a period of no longer than one month following their commencement. 6.4 There shall be no movement of contaminated material off-site. 6.5 The consent holder shall clearly demarcate the contaminated area and control unauthorised access to that area. 6.6 There shall be no stockpiles of contaminated material. 6.7 The consent holder shall ensure that all sediment controls, covers and other items that have contacted the contaminated soil are disposed of at an approved facility. 7 Erosion, Sediment and Dust Control 7.1 All erosion and sediment controls shall be installed prior to the commencement of remediation works. 7.2 The consent holder shall divert uncontaminated catchment runoff away from the area of contaminated land earthworks and any stockpiled contaminated soils. 7.3 The consent holder shall ensure that all practicable measures are taken to ensure that no material is tracked off site, to the satisfaction of the Bay of Plenty Regional Council. Such measures shall include, but not be limited to: 1. Keeping the excavator's wheels out of the contaminated area or washing the wheels of the excavator before leaving the site; and 2. Washing all equipment (e.g. excavator bucket) that has come into contact with contaminated soils prior to moving the equipment off-site. 7.4 The consent holder shall ensure that all exposed areas of earth resulting from works under this consent are effectively stabilised against erosion by vegetative cover or other methods as soon as practicable following the completion of works to the satisfaction of the Bay of Plenty Regional Council. 7.5 The consent holder shall ensure that the erosion and sediment controls remain in place until such time as the site is fully stabilised to the satisfaction of the Bay of Plenty Regional Council. 7.6 The consent holder shall ensure that, at all times, the soil moisture level of exposed areas is sufficient, under prevailing wind conditions, to prevent dust generated by normal earthmoving operations from remaining airborne beyond the property boundary of the work site. 7.7 The consent holder shall ensure that an adequate supply of water for dust control (sufficient to apply a minimum of 5 mm/day to all exposed areas of the site), and an effective means for applying that quantity of water, is available on site at all times during the excavation and remediation works are undertaken and until such time as the site is fully stabilised. In the event that wind conditions render dust control impracticable, the consent holder shall ensure that any machinery generating airborne dust ceases to operate until such time as effective dust control can be re-established. 8 Monitoring and Reporting 8.1 The consent holder shall ensure that the erosion and sediment controls are inspected: 1. At least weekly during the duration of this consent; and 2. Within 12 hours of each rainstorm event which is likely to impair the function or performance of the erosion and sediment controls. 8.2 The consent holder shall maintain records of: 1. The date and time of every inspection of erosion and sediment controls on the site; and 2. The date, time and description of any maintenance work carried out. 8.3 The consent holder shall forward a copy of records required by conditions of this consent to the Bay of Plenty Regional Council within 48 hours of its request (see Advice Note 2). 9 Investigation and Site Validation 9.1 The site shall be remediated to have a cadmium concentration equal to or less than the guideline levels for residential land use as stipulated in the National Environmental Standard for Assessing and Managing the Contaminants in Soils to Protect Human Health. Report Date: 4 August 2017 Report ID: BRCCONRP042 Page: 5 of 6

57 9.2 The consent holder shall submit a Site Validation Report (SVR) to the Chief Executive of the Bay of Plenty Regional Council (or delegate) within three (3) months of completion of the remediation works. The SVR shall be prepared by a suitably qualified and experienced contaminated land professional in accordance with the Ministry for the Environment (MfE) 'Contaminated Land Management Guideline 1: Reporting on Contaminated Site in New Zealand (2011)' and shall, as a minimum, include: 1. A summary of the works undertaken, including additional remediation (if required), a statement confirming whether the remediation of the works areas has been completed in accordance with the approved Site Management Plan; 2. The locations and dimensions of the excavations carried out, including a relevant site plan; 3. Records of any unexpected contamination encountered during the works, if applicable; and 4. A summary of additional soil sampling (if required) and validation sampling undertaken and tabulated analytical results. 9.3 Any soil analysis shall be undertaken by an IANZ accredited laboratory. 10 Review of Consent Conditions 10.1 The Bay of Plenty Regional Council may, at any time, serve notice on the consent holder under section 128(1) of the Resource Management Act 1991 of its intention to review the conditions of the consent. The purpose of such a review is to deal with any adverse environmental effect which may result from the consented activity. 11 Resource Management Charges 11.1 The consent holder shall pay the Bay of Plenty Regional Council such administrative charges as are fixed from time to time by the Regional Council in accordance with section 36 of the Resource Management Act Term of Consent 12.1 This consent shall expire on 31 July The Consent 13.1 The Consent hereby authorised is granted under the Resource Management Act 1991 and does not constitute an authority under any other Act, Regulation or Bylaw. Advice Notes 1 All archaeological sites whether recorded or unrecorded under Subpart 2 of the Heritage New Zealand Pouhere Taonga Act 2014 cannot be destroyed, damaged or modified without the consent of Heritage New Zealand. In the event that an archaeological site(s) and/or koiwi are unearthed, the consent holder is advised to immediately stop work on the part of the site that the archaeological site(s) is located, and contact Heritage New Zealand and all relevant iwi/hapū for advice. Heritage New Zealand contact details: - infolowernorthern@heritage.org.nz; phone The Bay of Plenty Regional Council is able to advise of the contact details for the relevant iwi/hapū in this area. 2 Reporting, notification and submission of plans required by conditions of this consent be directed (in writing) to the Pollution Prevention Manager, Bay of Plenty Regional Council, PO Box 364, Whakatāne or fax or notify@boprc.govt.nz, this notification shall include the consent number RM The consent holder is responsible for ensuring that all contractors carrying out works under this consent are made aware of the relevant consent conditions, plans and associated documents. 4 The consent holder is advised that non-compliance with consent conditions may result in enforcement action against the consent holder and/or their contractors. 5 A term of five years has been provided to allow for any unforeseen delays in the commencement of works or unforeseen further contamination discovery. The consent holder is therefore advised to surrender this consent on completion of the remediation works and acceptance of the site validation report by the Bay of Plenty Regional Council to avoid further annual charges. Report Date: 4 August 2017 Report ID: BRCCONRP042 Page: 6 of 6

58 Appendix 3 - Proposed Opotiki District Plan Objectives and Policies

59 PROPOSED OPOTIKI DISTRICT PLAN RELEVANT OBJECTIVES AND POLICIES Chapter 11 - Ohiwa Harbour Zone Objective Policy Policy Objective The adverse effects of land use activities are managed to protect and enhance the outstanding natural and landscape values and the natural character of the Harbour environment. To avoid as far as practicable the adverse effects of activities such as buildings, earthworks and tracking, especially on skylines and ridges, that will adversely affect the qualities and characteristics of the Ōhiwa Harbour landscape. To avoid, remedy or mitigate the adverse effects of subdivision, use, and development in those parts of the Ōhiwa Harbour which have largely been unmodified to date. To preserve the natural character and protect the ecology of the Harbour margins by managing the use and development in the zone. Objective Policy Policy Objective Protect and enhance significant indigenous vegetation and habitats of indigenous fauna to maintain the ecological, botanical, scientific, and educational values of the Ōhiwa Harbour. Protect and, where appropriate, enhance significant indigenous vegetation and habitats of indigenous fauna which contribute to the character of the Ōhiwa Harbour through the resource consent process, education and incentives. Protect natural areas around the Harbour from development by the creation of reserves, retirement areas, or other protection mechanisms through resource consent processes. Protect the Ōhiwa Harbour saltmarsh from modification and destruction by managing the adverse effects of activities on adjacent land. Objective Policy Policy The Ōhiwa Harbour is recognised as an area of cultural and historical significance to the people of the Ōpōtiki district and the Iwi and Hapu of the Harbour. To encourage consultation with tangata whenua who hold mana whenua within the Ōhiwa Harbour when assessing resource consents to ensure that concerns are adequately addressed. When assessing resource consent applications within the Ōhiwa Harbour area to ensure, through consultation with appropriate agencies, that heritage resources are protected

60 Chapter 13 - Landscapes and Vegetation Objective Policy Policy Policy Policy Policy Policy Policy The sustainable management of indigenous vegetation and habitats of indigenous fauna to maintain and, where appropriate, enhance biodiversity of the District. To protect significant indigenous vegetation and habitats of indigenous fauna, where significance is assessed in accordance with the criteria in Appendix , by avoiding adverse effects of inappropriate subdivision, land use, or development and, where avoidance is not practicable, adverse effects are remedied or mitigated. Where appropriate, to require restoration and rehabilitation of significant indigenous vegetation and habitants of indigenous fauna on or off the site, where avoidance of adverse effects is not possible, giving priority to the sites listed in and by reference to the criteria in Appendix To encourage the restoration and rehabilitation of degraded indigenous vegetation through plant and animal pest control and revegetation, using genetically suitable indigenous flora where appropriate and considering the habitat requirements of indigenous fauna. To encourage the protection, restoration and management of ecosystems that are rare and threatened at a local (ecological district), regional or national level. To avoid, or, where this is not practicable, remedy, mitigate or offset the adverse effects of activities on indigenous biodiversity, including protecting indigenous ecosystems, rare, at risk, or threatened species and their habitats. To encourage landowners through the use of a variety of methods including advocacy, education and, where possible, incentives, to recognise natural values and to protect areas of significant indigenous vegetation and habitats of indigenous fauna. To promote the restoration of ecosystems that have been damaged or degraded to ensure their continued viability. Objective Policy Policy Coastal and estuarine margins, wetlands and riparian areas within the District continue to support indigenous flora and fauna as part of a wider ecological system; and their natural character is maintained and enhanced. To manage the effects of land use activities adjoining and within coastal and estuarine margins and riparian areas of the District so that natural character of waterbodies, harbours and estuaries and their margins are not degraded. To preserve indigenous riparian vegetation areas and coastal and estuarine margins within the District for their natural character, ecological, biodiversity, historical, and cultural character and Value

61 Chapter 14 - Heritage Objective Policy Policy Policy To recognise and protect the heritage values of resources, including buildings, objects, trees, and archaeological sites. Ensure that modification, damage or destruction of any heritage resource listed in Appendix is undertaken in accordance with the Heritage NZ Pouhere Taonga Act 2014, so that alterations do not adversely affect the heritage values of the site. Ensure signs on scheduled features or sites on which they are located do not adversely affect heritage values and avoid unnecessary or inappropriate signage. Ensure notable trees are protected from the adverse effects of subdivision, use and development activities, including activities located close to identified trees. Objective Policy Policy To improve public awareness of the heritage resources that exist in the District, and to improve community commitment to the recognition and protection of these resources. Identify the resources within the District that have heritage value. Recognise the role of, and work with, other agencies (and legislation) such as the New Zealand Historic Places Trust and New Zealand Archaeological Association. Objective Policy Policy Policy Policy To recognise and provide for sites of cultural significance identified in Iwi and Hapū resource management plans. Recognise that Iwi and Hapū have sites of special importance that they may not wish to publicly disclose and ensure that these sites are treated and protected in accordance with Iwi and Hapū wishes. Encourage the development of Iwi and Hapū resource management plans that provide information about sites of cultural significance. Ensure subdivision use and development does not depreciate the relationship tangata whenua has with its taonga. Recognise that only tangata whenua can identify and evidentially substantiate their relationship and that of their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga. Chapter 15 - Subdivision Objective Policy Subdivision within the district maintains the quality of the environment, and enables the sustainable management of the natural and physical resources of the district. To ensure that lots are of a size, design and density that is consistent with the characteristics and purpose of the zone and suitable for the intended use.

62 Policy Policy Policy Policy Policy To avoid, remedy, or mitigate the adverse effects of subdivision and other land uses on ecological, landscape, heritage and cultural values. To avoid the fragmentation and loss of the productive rural land, and in particular versatile land. To ensure that subdivision does not compromise rural production activities. To manage the effects of new small lot subdivision for rural residential purposes in sensitive rural and coastal environments. To avoid subdivision of land that would result in the modification, degradation or destruction of significant natural and cultural heritage features, or reduction of threatened, under-represented and originally rare ecosystem or vegetation types, and to encourage legal protection where practicable.

63 Appendix 4 Vehicle Entrance Improvements Concept Plan

64 DRAFT Areas and measurements subject to Chief Surveyors approval EXISTING ENTRANCE TAPER 1 IN 10 to 2.5m width CH BOUR ROAD CH % 10 OHIWA HAR CH % 73.0 CH 100 CH CH :1-16.1% 23 TAPER 1 IN 10 TAPER 1 IN 10 BOUNDARY 7 KERB & CHANNEL CH ENTRANCE WIDENING AS PER NZTA DIAGRAM D (Special Use Access) - 6m from.0 72 Centre Line NOTE: Eastern side reduced to 15m from 35m. Western side reduced to 10m from 15m AREA B 65m² NOTES: LOT 4 DP 5859 [SENIC RESERVE] AREA A 500m².0 65 CUT BATTER 2V:1H (max 4m) Bench 5m LOT 2 DP All works to be in accordance with NZTA Diagram D - Special Use Access 2. BOUNDARIES HAVE BEEN OBTAINED FROM LINZ DATA SERVICE AND HAVE NOT BEEN VERIFIED. 3. AREAS AND MEASUREMENTS ARE APPROXIMATE AND SUBJECT TO SURVEY. 4. APPURTENANT OR PROPOSED EASEMENTS IN RELATION TO THE SUBJECT LAND MAY NOT HAVE BEEN SHOWN IF NOT REQUIRED FOR COMPLIANCE OF THIS PROPOSAL. 5. CONTOURS HAVE BEEN OBTAINED FROM BOPLAS LMITED AND HAVE NOT BEEN VERIFIED ON GROUND. 6. DATUM 6.1. HORIZONTAL DATUM: POVERTY BAY VERTICAL DATUM: MOTURIKI 1953 NOTES/KEY: C - - B DJM DRAFT A DJM DRAFT No. Date - By DRAWN: DJM CHECKED: - DESIGNED: - SURVEYED: - OFFICE: TE PUKE CONTACT: OHIWA COVE LTD POSSIBLE ENTRANCE UPGRADE ORIGINAL DWG. SIZE A1 OHIWA HARBOUR ROAD OPOTIKI Issue/Revision COPYRIGHT - STRATUM CONSULTANTS LTD THIS DOCUMENT SHALL BE USED ONLY FOR THE PURPOSE FOR WHICH IT WAS SUPPLIED AND NO PART IS TO BE REPRODUCED IN ANY FORM WITHOUT THE WRITTEN PERMISSION OF STRATUM CONSULTANTS LTD. SCALE: SERVICES NOTE 1:150 DRAWING No. WHERE EXISTING SERVICES ARE SHOWN, THEY ARE INDICATIVE ONLY AND MAY NOT INCLUDE ALL SITE SERVICES. STRATUM CONSULTANTS LTD DOES NOT WARRANT THAT ALL, OR INDEED ANY SERVICES ARE SHOWN. IT IS THE CONTRACTORS RESPONSIBILITY TO LOCATE AND PROTECT ALL EXISTING SERVICES PRIOR TO AND SHEET No. FOR THE DURATION OF THE CONTRACT WORKS T-P-D ISSUE B