BAY OF ISLANDS PLANNING LIMITED 2 Totara Place, Kerikeri PO Box 795 Kerikeri

Transcription

1 BAY OF ISLANDS PLANNING LIMITED 2 Totara Place, Kerikeri PO Box 795 Kerikeri Phone [ 09 ] ; - bayplan@actrix.co.nz District Services Department Far North District Council John Butler Centre Kerikeri March 2018 Attention Mr Pat Killalea and Ms Louise Wilson. Dear Pat and Louise, Re ; Proposed Subdivision, Kerikeri Holiday Park, Kerikeri. Our client has recently received a resource consent approval for a three lots subdivision along with the conversion of powered site to fixed cabin accommodation. This was approved under RC RMACOM within which we would rely upon the engineering report submitted is support of the application. In processing RC RMACOM our client resiled from seeking a comprehensive subdivision layout to the reduced three lot application. With the granting of the current consent we now seek to create a lot around the existing dwelling house which is located within the approved Lot 3. This dwelling house is connected to the Parks waste water system which pumps into the Kerikeri Waste Water Treatment System. As such it does not alter the current discharge into Councils system. Similarly all storm water is integrated into the overall Park system. I look forward to your response, Thanks, Jeff Kemp. KK HOLIDAY PARK rc Dwg Subdivision March 2018 Form 9 Page 1 of 1

2 Form 9 APPLICATION FOR RESOURCE CONSENT Section 88, Resource Management Act 1991 To Far North District Council: We, Kerikeri Holiday Park, apply for the following resource consent: Subdivision, as detailed within the supporting information ; The names and address of the owner and occupier (other than the applicant) of land to which the application relates are as follows: N/a The location of the proposed activity is as follows: The site is located at 23 Aranga Road, Kerikeri and has the legal description Lot 3, DP held in Certificate of Title containing an area of ha, being more particularly Proposed Lot 3 approved under RC We attach, in accordance with the Fourth Schedule of the Resource Management Act 1991, an assessment of environmental effects that corresponds with the scale and significance of the effects that the proposed activity may have on the environment. We attach information required to be included in this application by the district plan, the regional plan, the Resource Management Act 1991, or any regulations made under that Act as follows: Planning Report, including Assessment of Environmental Effects; Scheme Plan [Williams & King] ; Engineering Reports [ Cook Costello ] and Certificate of Title.. Jeff Kemp Principal Bay of Islands Planning Limited on behalf of Kerikeri Holiday Park Date: 8 March 2018 Address for service of applicant: Jeff Kemp Bay of Islands Planning Limited PO Box 795 Kerikeri Ph Mobile info@bayplan.co.nz KK HOLIDAY PARK rc Dwg Subdivision March 2018 Form 9 Page 1 of 1

3 INTRODUCTION 1. Our client Kerikeri Holiday Park wishes to create a single lot around the existing dwelling house on the property. This is located within the approved Lot 3 authorised under RC The property is located at the end of Aranga Road and is detailed within the underlying resource consent. Figure 1 Location Source: Far North Maps

4 3. The property has recently been identified as part of the Kerikeri Reticulated Waste Water Treatment system extension i.e. Area of Benefit [AOB]. Figure 2 Aerial Photograph Source: Far North District Council Maps [2015 imagery] PROPOSED DEVELOPMENT Subdivision 4. Our clients seek to create a site around the dwelling house as per the extract from the Scheme Plan below

5 5. The dwelling house would have an area of some 927m2 with the configuration as shown on the Scheme Plan prepared by Williams and King. 6. A consent period of 10 years is sought. CONSENT REQUIREMENTS General - Subdivision 7. The District Plan includes the land within the Rural Living Zone as depicted on Zone Maps 28 and 87. There are no Resource classifications applying to the land. An Esplanade Priority Area is depicted along the edge of the Puketotara Stream however the application has no impact upon this factor. 8. The Rural Living Zone has subdivision thresholds in terms of (iv) RURAL LIVING ZONE Controlled Activity Status (Refer also to ) Restricted Discretionary Activity Status (Refer also to 13.8) Discretionary Activity Status (Refer also to 13.9) The minimum lot size is 4,000m2 N/a. The minimum lot size is 3,000m2 9. The proposed lot sits below the range of lot sizes under the District Plan rules resulting in the subdivision being assessed as a Non Complying Activity. 10. Whilst this is a subdivision application it is also necessary to consider the land use implications of the proposed subdivision. The assessment in the following Table 1 is based on the rules. 11. Table 1 considers those rules, both zone and district wide, which may potentially affect the proposal. It should be noted that the status assessment in the table applies only to each individual rule, it does not at this stage consider the interplay between different sets of rules. The summary of the rules also excludes items which are not relevant to this particular property, for example rules applying to Kerikeri Road or State Highways or the parts of the scale of activity rule pertaining to activities ancillary to farming and forestry. Table 1 Performance of Proposed Subdivision against Permitted Standards PLAN REFERENCE RURAL LIVING ZONE PERMITTED STANDARD PERFORMANCE STATUS Residential Intensity: Residential development shall be limited to one unit per 4000m 2 of land or per existing site. Subdivision The proposal involves an existing single residential unit on Lot 1 which complies with the standards. The new lots will also comply. Comments Permitted

6 PLAN REFERENCE PERMITTED STANDARD PERFORMANCE STATUS Scale of Activities: the total number of people engaged at any one period of time in activities on a site, including employees and persons making use of any facilities, but excluding people who normally reside on the site or are members of the household shall not exceed 1 person per 1000m 2 of net site area. The total number is determined in reference to the maximum capacity of the proposed facility e.g. the number of beds in visitors accommodation or the number of seats in a restaurant, the number of staff needed to cater for the maximum number of guests, and the number and nature of the vehicles that are to be accommodated on site to cater for those engaged in the activity. Activities which breach this rule become discretionary Building Height: maximum height 9 metres Sunlight: no part of any building shall project beyond a 45 degree recession plane as measured inwards from any point 2m vertically above ground level on any site boundary Stormwater Management: maximum of 12.5% of total site area or 3000m 2, whichever is lesser. Controlled lesser of 20% or 3300m 2, otherwise noncomplying Setback from boundaries: no building within 3m of any site boundary. Subdivision This rule does not apply to the subdivision aspect. The dwelling does not exceed the height limit. No exceeds threshold. building the The existing area of impermeable surfaces on the site, including gravel driveways and footpaths exceeds both the Permitted and Controlled standards. The overall storm water management was approved within the underlying approval. The site maintains the same storm water management system. The creation of the new lot around the dwelling based on reducing the size of the parent lot therefore has no changes in regard to effects of the storm water, the same scale, intensity and character remains. The setback is achieved. Comments N/a. Permitted Permitted Existing Use Rights Permitted

7 PLAN REFERENCE PERMITTED STANDARD PERFORMANCE STATUS Screening for neighbours Nonresidential Activities Except along boundaries adjoining a Commercial or Industrial zone, outdoor areas providing for activities such as parking, loading, outdoor storage and other outdoor activities associated with non-residential activities on the site shall be screened from adjoining sites by landscaping, wall/s, close boarded fence/s or trellis/es or a combination thereof. They shall be of a height sufficient to wholly or substantially separate these areas from the view of neighbouring properties. Structures shall be at least 1.8m in height, but no higher than 2.0m, along the length of the outdoor area. Where such screening is by way of landscaping it shall be a strip of vegetation which has or will attain a minimum height of 1.8m for a minimum depth of 2m Traffic Intensity: 20 one-way movements per day. Restricted discretionary for up to 200 movements and discretionary for more than 200 movements per day. The rule only applies when establishing a new activity on a site Hours of Operation Non-residential Activities This rule does not apply to activities that have a predominantly residential function such as lodges, motels and homestays. Subdivision This rule is not applicable to the subdivision component. The subdivision of the land does not in itself create traffic movements rather the development thereon. The smaller sites when created are in any event exempt for a single residential unit. The Holiday Park does have a predominantly residential function as described within the rule Keeping of Animals These activities will not be undertaken Noise: noise at or within boundary of any other site in the zone not to exceed L 10 of 55dBA daytime and L 10 of 45dBA and L max of 70dBA at night. Noise levels are maintained to sit below the thresholds with the subdivision application not affecting that management activity Helicopter Landing Area These activities will not be undertaken Building coverage: Any new building or alteration/additions to an existing building is a permitted activity if the total Building Coverage of a site does not exceed 10% of the gross site area or 2400m 2 whichever is lesser. Restricted discretionary lesser of 4000m 2 or 15%. EARTHWORKS The rule is not applicable as there are no new buildings or alterations / additions to the existing dwelling house. N/a. N/a. N/a. N/a. Comments Permitted Permitted Not applicable Not relevant Permitted Not relevant N/a.

8 PLAN REFERENCE PERMITTED STANDARD PERFORMANCE STATUS Permitted: In Rural Living Zone, excavation and/or filling not exceeding 5,000m 3 in any 12 month period per site and which does not involve a continuous cut or filled face exceeding an average of 1.5m in height over the length of the face i.e. the maximum permitted average cut and fill height may be 3m. Restricted discretionary if volume between 5000 and 20000m 3. Subdivision Comments Not required ACCESS AND PARKING Parking (a) Where an activity establishes on a site, or the nature of an activity changes, or buildings are altered to increase the number of persons provided for on the site: (i) the minimum number of public offstreet car parking spaces to be provided for the users of the activity, shall be determined by reference to Appendix 3C. The activity is already established and the nature of the subdivision does not remove any car parks from the camping ground operations. The garaging for two cars remains within the new lot. Permitted Vehicle Access (a) For all zones other than the Commercial and Industrial Zones, the access carriageway from the property boundary to any parking or loading space shall be 3m wide and with a minimum overhead clearance of 4m, provided that: (i) it serves no more than five residential units; (ii) it serves: no more than one loading space; or more than 1 loading space and there is a passing bay at the road boundary; (iii) there is 60m clear visibility at any point along the full length of the access; (iv) the access is: less than 60m long; or 60m long or longer and passing bays are provided at no less than 60m intervals. If any of the standards (i) to (iv) above are not complied with the access carriageway shall be 5m wide. The entrance to the site is greater than 5m in width. The internal access arrangements vary according to the buildings they serve and are considered to be appropriate. The ROW is of sufficient width to allow for the formation of the vehicle access. Permitted Setback From Lakes, Rivers And The Coastal Marine Area Any building and any impermeable surface must be set back from the boundary of any lake (where a lake bed has an area of 8ha or more), river (where the average width of the riverbed is 3m or more) or the boundary of the coastal marine area, except that this rule does not apply to man-made private water bodies other than the Manuwai and Waingaro Reservoirs. The setback shall be: (a) a minimum of 30m in the Rural Production, Waimate North, Rural Living, Minerals, Recreational Activities, Conservation, General Coastal, South Kerikeri Inlet and Coastal Living Zones; None of the buildings are within 30 metres of the river. N/a. Permitted

9 12. The results of this analysis are that the proposal in terms of the land use aspect relating to the subdivision meets the relevant permitted rules either by virtue of its existing use rights or through compliance with the standards. Assessment of Subdivision Factors 13. The following Table 2 assesses the application against the relevant matters of Rule Table 2 Matters to be Taken into Account in Considering Application [13.7.3] Plan Reference Matter to be Taken into Account Performance of Proposal Property Access Each property has access to a legal road which is formed sealed and has kerb and channel. While Lot 1 has ROW access it will also require a Section 348 resolution Natural and Other Hazards There are no known natural hazards Water Supply The site has connection to its own system Stormwater Disposal The site already has a system which manages the discharge of storm water into the Puketotara River. This has been addressed within the engineering report of the underlying approval Sanitary Sewage Disposal The site has connection to the Councils reticulated system Energy Supply Electricity is provided to the property Telecommunications Telecom services are provided to the property Easements for any Purpose The application requires a number of easements as depicted on the Scheme Plan Preservation of Heritage Not applicable to this application. Resources, Vegetation, Fauna and Landscape and Land Set Aside for Conservation Purposes Access to Reserves and Not relevant to this application. Waterways Access to Waterbodies Land use Incompatibility There is nothing to suggest that the application creates any reverse sensitivity matters Proximity to Airports Not relevant Allotment Dimensions A building envelope 30.0m x 30.0m less the boundary setbacks can be achieved. 14. Overall the subdivision would be assessed as a Non Complying Activity. ASSESSMENT OF EFFECTS ON THE ENVIRONMENT General 15. The following assessment, Table 3, addresses the matters listed in the Fourth Schedule to the Resource Management Act. Where appropriate, reference is made to other sections of this report or attachments for the provision of details on the application. Table 3 Requirements for Assessment of Environmental Effects Fourth Schedule Status Fourth Schedule Items Comments 2 (1) Information a) a description of proposal. Refer to above paragraphs.

10 Fourth Schedule Status required in all applications Fourth Schedule Items (b) a description of the site at which the activity is to occur: (c) the full name and address of each owner or occupier of the site: Comments Refer to above paragraphs. Refer to the Form 9. d) a description of any other activities that are part of the proposal to which the application relates e) a description of any other resource consents required for the proposal to which the application relates Refer to above paragraphs. No other resource consents area required for the activity. 2(2) An assessment against f) an assessment of the activity against the matters set out in Part 2 g) an assessment of the activity against any relevant provisions of a document referred to in section 104(1)(b). a) any relevant objectives, policies, or rules in a document; b) any relevant requirements, conditions, or permissions in any rules in a document; and Refer to specific heading below. For the purposes of this application the relevant provisions relate to the Far North District Council District Plan. Refer to applicable tables and headings. Refer to applicable headings below. No other assessment is known to apply. c) any other relevant requirements in a document (for example, in a national environmental standard or other regulations). No other assessment is known to apply. 2(3) An assessment of the activities effects on the environment that 3 Additional information required in some applications a) includes the information required by clause 6; All matters within Clause 6 are embodied within the application documents. b) addresses the matters specified in clause 7; All matters within Clause 7 are embodied within the application documents. c) includes such detail as corresponds with the scale and significance of the effects that the activity may have on the environment. a) if any permitted activity is part of the proposal to which the application relates, a description of the permitted activity that demonstrates that it complies with the requirements, conditions, and permissions for the permitted activity (so that a resource consent is not required for that activity under section 87A(1)): b) if the application is affected by section 124 or 165ZH(1)(c) (which relate to existing resource consents), an assessment of the value of the investment of the existing consent holder (for the purposes of section 104(2A)): c) if the activity is to occur in an area within the scope of a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011, an assessment of the activity against any resource management matters set out in that planning document (for the purposes of section 104(2B)). The application includes detail which addresses the effects of the activity on the environment. The application does not rely upon any Permitted Activity. Not applicable. Not applicable.

11 Fourth Schedule Status Fourth Schedule Items Comments 4 Additional information required in application for subdivision consent An application for a subdivision consent must also include information that adequately defines the following: a) the position of all new boundaries: Refer to Scheme Plan. b)the areas of all new allotments, unless the subdivision involves a cross lease, company lease, or unit plan c)the locations and areas of new reserves to be created, including any esplanade reserves and esplanade strips: d)the locations and areas of any existing esplanade reserves, esplanade strips, and access strips: e)the locations and areas of any part of the bed of a river or lake to be vested in a territorial authority under section 237A: f)the locations and areas of any land within the coastal marine area (which is to become part of the common marine and coastal area under section 237A): g) the locations and areas of land to be set aside as new roads. Refer to Scheme Plan. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. 5 Additional information required in application for reclamation 6 Information required in assessment of environmental effects An application for a resource consent for reclamation must also include information to show the area to be reclaimed, including the following: a) the location of the area: Not applicable. b) if practicable, the position of all new boundaries: Not applicable. c)any part of the area to be set aside as an esplanade reserve or esplanade strip. Not applicable. 1) An assessment of the activity's effects on the environment must include the following information: a) if it is likely that the activity will result in any significant adverse effect on the environment, a description of any possible alternative locations or methods for undertaking the activity: b) an assessment of the actual or potential effect on the environment of the activity: The activity is not able to be undertaken on an alternative location. Refer to assessment to follow. c) if the activity includes the use of hazardous substances and installations, an assessment of any risks to the environment that are likely to arise from such use: d) if the activity includes the discharge of any contaminant, a description of i) the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and (ii) any possible alternative methods of discharge, including discharge into any other receiving environment: e) a description of the mitigation measures (including safeguards and contingency plans where relevant) to be undertaken to help prevent or reduce the actual or potential effect: Such matters are not present on the site. There are no discharge of contaminants. Mitigation measures in terms of storm water management have been installed on the site.

12 Fourth Schedule Status Fourth Schedule Items f) identification of the persons affected by the activity, any consultation undertaken, and any response to the views of any person consulted: g) if the scale and significance of the activity's effects are such that monitoring is required, a description of how and by whom the effects will be monitored if the activity is approved: Comments Consultation with the adjoining land owners is being undertaken the results of which will be provided to Council. Other than monitoring of the conditions of consent no additional monitoring is required. h) if the activity will, or is likely to, have adverse effects that are more than minor on the exercise of a protected customary right, a description of possible alternative locations or methods for the exercise of the activity (unless written approval for the activity is given by the protected customary rights group). These matters are not known to apply to the application site. 2) A requirement to include information in the assessment of environmental effects is subject to the provisions of any policy statement or plan. 3) To avoid doubt, subclause (1)(f) obliges an applicant to report as to the persons identified as being affected by the proposal, but does not (a) oblige the applicant to consult any person; or (b) create any ground for expecting that the applicant will consult any person. 7 Matters that must be addressed by assessment of environmental effects 1) An assessment of the activity's effects on the environment must address the following matters: a) any effect on those in the neighbourhood and, where relevant, the wider community, including any social, economic, or cultural effects: Refer to detailed description below. b) any physical effect on the locality, including any landscape and visual effects: c) any effect on ecosystems, including effects on plants or animals and any physical disturbance of habitats in the vicinity: d) any effect on natural and physical resources having aesthetic, recreational, scientific, historical, spiritual, or cultural value, or other special value, for present or future generations: e) any discharge of contaminants into the environment, including any unreasonable emission of noise, and options for the treatment and disposal of contaminants: f) any risk to the neighbourhood, the wider community, or the environment through natural hazards or the use of hazardous substances or hazardous installations. 2) The requirement to address a matter in the assessment of environmental effects is subject to the provisions of any policy statement or plan.

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14 STATUTORY CONSIDERATIONS 16. With respect to non-complying activities, s.104 D of the Act states that "Despite any decision made for the purpose of section 95A(2)(a) in relation to adverse effects, a consent authority may grant a resource consent for a non-complying activity only if it is 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 (ii) the relevant proposed plan, if there is a proposed plan but no relevant plan in respect of the activity; or (iii) both the relevant plan and the relevant proposed plan, if there is both a plan and a proposed plan in respect of the activity." 17. These requirements are sometimes referred to as 'gateway' tests and the function of this part of the Act is to determine jurisdiction for granting consent. If either of these gateway tests is met, the authority must then assess the proposal against the provisions of section 104 to make a determination as to whether consent should be granted. 18. Section 104 of the RMA states that when considering an application for a resource consent, the consent authority must, subject to Part II, have regard to (a) any actual and potential effects on the environment of allowing the activity; and (b) any relevant provisions of i. a national environmental standard: ii. other regulations: iii. a national policy statement: iv. a New Zealand Coastal Policy Statement: v. a regional policy statement or proposed regional policy statement: vi. a plan or proposed plan; and (c) any other matter the consent authority considers relevant and reasonably necessary to determine the application. 19. In terms of national environment standards, only the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 [NES] is potentially of relevance. 20. The NES document specifies activities which may require consent if carried out on sites included in the Hazardous Activities Industries List [HAIL]. Item 29 of the list, which comprises Market gardens, orchards, glass houses or other areas where the use of persistent agricultural chemicals occurred is the item most likely to be of relevance to this application. Council s records for this site show that subdivision of the area between Kerikeri Road and the river was subdivided into two lots of about 12 and 13 acres in 1969, the stated intention being that the riverside lot would be used for horticulture and the other for residential development. The horticultural use never eventuated as an application for a camp ground was approved in 1970, although establishment was delayed due to an appeal against the decision and other factors such as a change of ownership.

15 21. The matters of relevance to the assessment of this application are therefore considered to be the assessment of environmental effects, consideration of the District Plan performance standards and assessment criteria, and review of Part II Matters. ENVIRONMENTAL EFFECTS 22. The following assessment addresses the matters listed in Clauses 6 and 7 of the revised Fourth Schedule to the Resource Management Act. Where appropriate, reference is made to other sections of this report for the provision of details on the application. Clause 6, Information Required in Assessment of Environmental Effects Item (a) If it is likely that an activity will result in any significant adverse effect on the environment, a description of any possible alternative locations or methods for undertaking the activity: 23. No significant adverse effects are anticipated to arise from the subdivision application. The consideration of alternative locations or methods is not necessary. Item (b) An assessment of the actual or potential effect on the environment of the proposed activity: 24. The Act requires that an AEE assess environmental effects includes such detail as corresponds with the scale and significance of the effects that the activity may have on the environment.. Furthermore, when considering an application under the tests of section 104, Council may disregard any effect on the environment if the plan permits an activity with that effect. To that end this assessment is centred on those matters identified in Table 2. In this regard the proposal does not give rise to any adverse effects in terms of the matters over which discretion is restricted. 25. The proposed subdivision allows for the creation of a residential site around an existing dwelling house in close proximity to the Kerikeri town centre. The application does not require the upgrading of the Kerikeri Waste Water Treatment system, being a factor which has negated the ability for land owners to subdivide their land. As such there is no cost to the community and the site created avail themselves to the demand within the market. 26. The engineering report which accompanied the underlying approval addressed the management of storm water which results in no adverse effects nor impact on Councils services. Item (c) If the activity includes the use of hazardous substances and installations, an assessment of any risks to the environment that are likely to arise from such use: 27. The subdivision does not involve the use of hazardous substances or installations. Item (d) If the activity includes the discharge of any contaminant, a description of - (i) The nature of the discharge and the sensitivity of the proposed receiving environment to adverse effects; and (ii) Any possible alternative methods of discharge, including discharge into any other receiving environment: 28. Discharges from the development comprise stormwater and wastewater the latter is

16 connected to Council s system. Both of these factors have been previously addressed within the engineering report. Item (e) A description of the mitigation measures (including safeguards and contingency plans where relevant) to be undertaken to help prevent or reduce the actual or potential effect: 29. The assessment has not identified any effects requiring mitigation measures other than those which are managed under other regulatory provisions and good industry practice. Item (f) Identification of the persons affected by the proposal, the consultation undertaken, if any, and any response to the views of any person consulted. 30. Consultation is currently being undertaken with the adjoining land owners. Item (g) If the scale or significance of the activity s effects are such that monitoring is required, a description of how and by whom the effects will be monitored if the activity is approved: 31. Monitoring conditions beyond those of confirming compliance with the consent conditions are not considered necessary. Item (h) If the activity will, or is likely to, have adverse effects that are more than minor on the exercise of a protected customary right, a description of possible alternative locations or methods for the exercise of the activity (unless written approval for the activity is given by the protected customary rights group). 32. This does not apply as the site is not coastal and not subject to the provisions of te Takutai Moana. Clause 7, Matters that must be Addressed by Assessment of Environmental Effects Item (a) Any effect on those in the neighbourhood and, where relevant, the wider community including any social, economic or cultural effects: 33. With respect to the proposed subdivision there are a number of dwellings close to the boundary of the applicants land. The application maintains the existing separation from those adjoining properties. In addition screening is provided by means of hedges and trees along these boundaries and as the ground falls away towards the river these properties may have views over the dwelling house. Item (b) Any physical effect on the locality, including any landscape and visual effects: 34. The topography of the site which falls away from its entrance at the end of Aranga Road, and its enclosure by belts of trees, hedges and road frontage landscaping at the site entrance limit

17 its visibility from public places. The landscaping is of a very high standard concomitant with the nature of the business. 35. The proposed subdivision itself does not create any physical effects. Only upon development of the balance area are there potentially any visual changes. Item (c) Any effects on ecosystems, including effects on plants or animals and any physical disturbance of habitats in the vicinity: 36. Such values are not affected as the proposed activity. Item (d) Any effect on natural and physical resources having aesthetic, recreational, scientific, historical, spiritual, or cultural value, or other special value, for present or future generations: 37. Neither the property nor its surroundings have been identified as possessing any special significance in terms of the listed values. Item (e) Any discharge of contaminants into the environment, including any unreasonable emission of noise, and options for the treatment and disposal of contaminants: 38. The subdivision surrounds activities of a residential nature. The subdivision replicates what is located on the adjoining properties. Item (f) Any risk to the neighbourhood, the wider community, or the environment through natural hazards or the use of any hazardous substances or hazardous installations: 39. These factors are not known to be present. There are no installations and use of hazardous substances is not required. Summary 40. Based on the above assessment, the actual adverse environmental effects arising from the proposal are considered to be no more than minor. The new lots will be accessible to the Kerikeri town centre and do not require any upgrading of the existing waste water treatment system. POLICY STATEMENTS NORTHLAND REGIONAL COUNCIL REGIONAL POLICY STATEMENT The Regional Policy Statement is the higher order document in terms of assessing the applications. Those relevant to the application are assessed below - OBJECTIVE COMMENT

18 OBJECTIVE 3.5 Enabling economic wellbeing Related POLICIES : & Economic activities reverse sensitivity and sterilisation Related POLICY : Efficient and effective infrastructure Related POLICIES : 5.1 & 5.2 Northland s natural and physical resources are sustainably managed in a way that is attractive for business and investment that will improve the economic wellbeing of Northland and its communities. The viability of land and activities important for Northland s economy is protected from the negative impacts of new subdivision, use and development, with particular emphasis on either: (a) Reverse sensitivity for existing: (i) Primary production activities; (ii) Industrial and commercial activities; (iii) Mining*; or (iv) Existing and planned regionally significant infrastructure ; or (b) Sterilisation of: (i)land with regionally significant mineral resources; or (ii) Land which is likely to be used for regionally significant infrastructure. *Includes aggregates and other minerals. Manage resource use to: (a) Optimise the use of existing infrastructure; (b) Ensure new infrastructure is flexible, adaptable, and resilient, and meets the reasonably foreseeable needs of the community; and (c) Strategically enable infrastructure to lead or support regional economic development and community wellbeing. COMMENT related Explanation notes that Northland has the second lowest level of Gross Domestic Product per capita of New Zealand s 16 regions, cites the need for people and businesses to choose Northland as a place to invest and for economic development to be aligned with environmental outcomes, and observes that the character and quality of Northland s natural environment is a major attraction for people, investors and businesses. This proposal has been formulated using an integrated approach to ensure that those values on which it depends are not compromised. The site of this proposal does not give rise to reverse sensitivity issues, does not affect high value rural productive activities or significant infrastructure and will not result in sterilisation of land with potential to be used for provision of such infrastructure or extraction of mineral resources. The application centres on making use of existing infrastructure [ KKWWTS ] which allows the connection thereto and avoids any possibility of adversely affecting community infrastructure outside of the site.

19 OBJECTIVE 3.11 Regional form Related POLICES : 5.1 & 5.2 Northland has sustainable built environments that effectively integrate infrastructure with subdivision, use and development, and have a sense of place, identity and a range of lifestyle, employment and transport choices. COMMENT This objective relates to the development of urban areas and relies primarily on consolidating development adjacent to existing centres. In the explanation to the objective it does however state that It is acknowledged that rural settings are largely made up of businesses (including but not limited to primary production and their support industries). The objective seeks development that is compatible with surrounding uses and values, is served by an appropriate level of infrastructure and is appropriate within the context of the surrounding environment. The proposal is considered to comply with this statement as demonstrated in discussions of other policies related to the appropriateness of development Tangata whenua role in decisionmaking Related POLICES : 8.1, 8.2 & 8.3 Tangata whenua kaitiaki role is recognised and provided for in decision-making over natural and physical resources. This provision relates to the general role of tangata whenua in the resource management process. DISTRICT PLAN CONSIDERATIONS 41. The objectives and policies for the Rural Living Zone are reviewed in Table 2. Table 2 Objectives and Policies for the Rural Living Zone [Sections and 8.7.4] OBJECTIVES AND POLICIES OBJECTIVES To achieve a style of development on the urban periphery where the effects of the different types of development are compatible To provide for low density residential development on the urban periphery, where more intense development would result in adverse effects on the rural and natural environment To protect the special amenity values of the frontage to Kerikeri Road between SH10 and the urban edge of Kerikeri. POLICIES That a transition between residential and rural zones is achieved where the effects of activities in the different areas are managed to ensure compatibility. PERFORMANCE of PROPOSAL This application involves and urban -residential use which is compatible with the residential activities in the neighbourhood and has maintained building setbacks and landscaping which protect the amenity of those residents. There would not appear to be anything to suggest the subdivided lot would not result in incompatible development to the adjoining properties. The new lots reflect the adjoining scale of residential development. Not relevant, the site does not have frontage to Kerikeri Road. As discussed in relation to the objectives, the activity achieves a transition between higher density activities. The AEE demonstrates that there is no incompatibility with the adjoining residential and rural residential activities.

20 OBJECTIVES AND POLICIES That the Rural Living Zone be applied to areas where existing subdivision patterns have led to a semiurban character but where more intensive subdivision would result in adverse effects on the rural and natural environment That residential activities have sufficient land associated with each household unit to provide for outdoor space, and where a reticulated sewerage system is not provided, sufficient land for on-site effluent disposal That no limits be placed on the types of housing and forms of accommodation in the Rural Living Zone, in recognition of the diverse needs of the community That non-residential activities can be established within the Rural Living Zone subject to compatibility with the existing character of the environment That home-based employment opportunities be allowed in the Rural Living Zone That provision be made for ensuring that sites, and the buildings and activities which may locate on those sites, have adequate access to sunlight and daylight That the scale and intensity of activities other than a single residential unit be commensurate with that which could be expected of a single residential unit That activities with effects on amenity values greater than a single residential unit could be expected to have, be controlled so as to avoid, remedy or mitigate those adverse effects on adjacent activities That provision be made to ensure a reasonable level of privacy for inhabitants of buildings on adjoining sites That the built form of development allowed on sites with frontage to Kerikeri Road between its intersection with SH10 and Cannon Drive be maintained as small in scale, set back from the road, relatively inconspicuous and in harmony with landscape plantings and shelter belts That the Council maintains discretion over new connections to a sewerage system to ensure treatment plant discharge quality standards are not compromised (refer to Rule ). PERFORMANCE of PROPOSAL A semi-urban character has already been achieved in this locality. Since the zoning was applied, the site to the west has been subdivided into rural residential blocks. The site being created around the dwelling house has an abundance area of open space. The site is already connected to the reticulated sewerage system. The balance site would have adequate open space. This would appear to support use of the zone for the residential activity along with the residential type subdivision. The holiday park is compatible with the existing character as discussed in the AEE. This is not relevant. The development meets these bulk and location standards of the zone. This involves a single residential unit. This involves a single residential unit. Planting on the periphery of the site where it adjoins residential and rural residential sites already exists. Not relevant as the site does not have frontage to Kerikeri Road. Agreement has already been reached for connection to the Council system. Subdivision Objectives and Policies Table 11 Objectives and Policies for Subdivision Reference Objective or Policy Performance of Proposal Objectives To provide for the subdivision of land in such a way as will be consistent with the purpose of the various zones in the Plan, and will promote the sustainable management of the natural and physical resources of the District, including airports and roads and the social, economic and cultural well being of people and communities. The purpose of the Rural Living Zone is to allow a transition from rural to residential while providing environmental and amenity standards which will enable the continuation of the wide range of existing and future activities, while ensuring that the natural and physical resources of the rural area are managed sustainably. The assessment of the objectives and policies demonstrates that they are met or even exceeded by the proposal and that sustainable management of the whole property will result.

21 Reference Objective or Policy Performance of Proposal To ensure that subdivision of land is appropriate and is carried out in a manner that does not compromise the lifesupporting capacity of air, water, soil or ecosystems, and that any actual or potential adverse effects on the environment which result directly or indirectly from subdivision, are avoided, remedied or mitigated To ensure that the subdivision of land does not jeopardise the protection of Outstanding Landscapes or natural features in the coastal environment To ensure that subdivision does not adversely affect scheduled heritage resources through alienation of the resource from its immediate setting/context To ensure that all new subdivisions provide a reticulated water supply and/or on-site water storage and include storm water management sufficient to meet the needs of the activities that will establish all year round To encourage innovative development and integrated management of effects between subdivision and land use which results in superior outcomes to more traditional forms of subdivision, use and development, for example the protection, enhancement and restoration of areas and features which have particular value or may have been compromised by past land management practices To ensure the relationship between Maori and their ancestral lands, water, sites, waahi tapu and other taonga is recognised and provided for To ensure that all new subdivision provides an electricity supply sufficient to meet the needs of the activities that will establish on the new lots created To ensure, to the greatest extent possible, that all new subdivision supports energy efficient design through appropriate site layout and orientation in order to maximise the ability to provide light, heating, ventilation and cooling through passive design strategies for any buildings developed on the site(s) To ensure that the design of all new subdivision promotes efficient provision of infrastructure, including access to alternative transport options, communications and local services. The proposal enables this objective to be met on a continuing basis as discussed in the previous tables. Not applicable as the site has not been classified as outstanding in respect of either of these values. Not applicable, there are no scheduled heritage resources on the property. Sufficient water supply is already secured through a private system. Use of the Management Plan provisions and the proposed protection and enhancement of various habitat types is not considered applicable to this application. Features of this nature are not known to be present on the property. This service already exists to the site. The site already has a dwelling house developed on the property. This is attained within the application via use of the existing services provided to the property. Policies

22 Reference Objective or Policy Performance of Proposal That the sizes, dimensions and distribution of allotments created through the subdivision process be determined with regard to the potential effects including cumulative effects, of the uses of those allotments on (a) natural character, particularly of the coastal environment; (b) ecological values; (c) landscape values; (d) amenity values; (e) cultural values; (f) Heritage values; and (g) Existing land uses That standards be imposed upon the subdivision of land to require safe and effective vehicular and pedestrian access to new properties. Whilst not totally applicable to this application the relevant items have all been addressed in the AEE with the conclusion that potential adverse effects will be less than minor. The application connects to an existing access arrangement via Aranga Road That natural and other hazards be taken into account in the design and location of any subdivision. The site is not subject to any known natural hazards That in any subdivision, where provision is made for connection to utility services, the potential adverse visual impacts of these services are avoided. Utility services are available to the property That access to, and servicing of, the new allotments be provided for in such a way as will avoid, remedy or mitigate any adverse effects on neighbouring property, public roads, and the natural and physical resources of the site caused by silt runoff traffic, excavation and filling and removal of vegetation That any subdivision proposal provides for the protection of heritage resources, areas of significant indigenous vegetation and significant habitats of indigenous fauna, threatened species, riparian margins where appropriate, and outstanding landscapes and natural features where appropriate That the provision of water storage be taken into account in the design of any subdivision That bonus development donor and recipient areas be provided for so as to minimise the adverse effects of subdivision on Outstanding Landscapes and areas of significant indigenous flora and significant habitats of fauna The Council will recognise that subdivision within the Conservation Zone that results in a net conservation gain is generally appropriate That subdivision recognises and provides for the relationship of Maori and their culture and traditions, with their ancestral lands, water, sites, waahi tapu and other taonga and shall take into account the principles of the Treaty of Waitangi. The provision of access and servicing does not create effects beyond the property boundary. Measures of this nature are not necessary. The use of roof collection at this location is not considered necessary. These measures are not necessary. This is not applicable. No sites of this nature are known to be present within the property.

23 Reference Objective or Policy Performance of Proposal That more intensive, innovative development and subdivision which recognises specific site characteristics is provided for through the management plan rule where this will result in superior environmental outcomes Subdivision, use and development shall preserve and where possible enhance, restore and rehabilitate the character of the applicable zone in regards to s6 matters. In addition subdivision, use and development shall avoid adverse effects as far as practicable by using techniques including: (a) clustering or grouping development within areas where there is the least impact on natural character and its elements such as indigenous vegetation, landforms, rivers, streams and wetlands, and coherent natural patterns; continued.. The application has not been made as a management plan. These matters of Section 6 do not apply to the application site cont. b) minimising the visual impact of buildings, development, and associated vegetation clearance and earthworks, particularly as seen from public land and the coastal marine area; (c) providing for, through siting of buildings and development and design of subdivisions, legal public right of access to and use of the foreshore and any esplanade areas; (d) through siting of buildings and development, design of subdivisions, and provision of access that recognise and provide for the relationship of Maori with their culture, traditions and taonga including concepts of mauri, tapu, mana, wehi and karakia and the important contribution Maori culture makes to the character of the District (refer Chapter 2 and in particular Section 2.5 and Council s Tangata Whenua Values and Perspectives (2004); (e) providing planting of indigenous vegetation in a way that links existing habitats of indigenous fauna and provides the opportunity for the extension, enhancement or creation of habitats for indigenous fauna, including mechanisms to exclude pests; (f) protecting historic heritage through the siting of buildings and development and design of subdivisions. (g) achieving hydraulic neutrality and ensuring that natural hazards will not be exacerbated or induced through the siting and design of buildings and development That the objectives and policies of the applicable environment and zone and relevant parts of Part 3 of the Plan will be taken into account when considering the intensity, design and layout of any subdivision. These matters have been addressed in earlier tables.

24 Reference Objective or Policy Performance of Proposal That conditions be imposed upon the design of subdivision of land to require that the layout and orientation of all new lots and building platforms created include, as appropriate, provisions for achieving the following: (a) development of energy efficient buildings and structures; (b) reduced travel distances and private car usage; (c) encouragement of pedestrian and cycle use; (d) access to alternative transport facilities; (e) domestic or community renewable electricity generation and renewable energy use. These matters are not appropriate to a subdivision of this nature. SECTION 104 CONSIDERATIONS 42. In respect to Section 104 it is considered the application has effects which are no more than minor and the activity is not contrary to the relevant objectives and policies. Reinforcing the appropriateness of the application the property is now included within the Area of Benefit for the expanded Kerikeri Waste Water Reticulated Treatment System. PART II MATTERS 43. With regard to the purpose and principles of the Resource Management Act 1991, the following considerations are of relevance to this application. The proposal is considered to attain the overall purpose of the Act as described in s.5 in that it provides for sustainable management of the natural and physical resources of the property and provides for the social, economic and wellbeing of people and the community. As there are no special values identified on the property, none of the s.6 items [Matters of National Importance] are relevant, and there are no known Treaty of Waitangi issues affecting the site. 44. The items of relevance in s.7 include efficient use and development of natural and physical resources, maintenance and enhancement of amenity and the overall quality of the environment. All of these factors are considered to be attained by the application. SUMMARY 45. The application has been assessed against the statutory provisions of section 104 of the RMA and the provisions of Part II with the conclusion that the proposal achieves the outcomes required under the legislation. CONCLUSIONS 46. This application comprises a subdivision around the travellers accommodation provided within an established Holiday Park development and is assessed to be in accordance with the subdivision rules for the Rural Living Zone. In addition twenty of the existing powered camper van sites is to be converted into sleep out cabins. 47. An analysis of the relevant provision of the District Plan has not identified any areas of noncompliance and the proposal is considered to meet the requirements of Part II of the Act. A favourable decision from Council is therefore sought. Jeff Kemp Director.

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