Decision on application for resource Auckland ?k consent under the Resource Management M. . . Emit-301mm Act 1991 Discretionary activity Application number: LUCE30112250 CST60082316 Applicant's name: Rod Patricia Duke Site address: 75 Sarsfield Street, Herne Bay Legal description: Lot 1 DP 21410, Pt Lot 21410 Proposal: To alter the existing boatshed by adding new cladding and sliding section to house a helicopter landing pad and to use the structure for associated purposes. The helicopter landing pad would be at the northern end of the boatshed and is internal to the building. The use of the helicopter landing pad is for occasional use and not intended to be used for permanent storage of helicopters. The resource consents are: Land use consents (59) LU060112250 Auckland Council District Plan (Isthmus section) . Pursuant to rule 53.7.1, all buildings and structures within the Coastal Management Area (CMA) requires consent as a Controlled activity . Pursuant to rule buildings used principally for the storage or maintenance of boats within the Coastal Protection Yard (CPY) requires consent as a Discretionary activity. Auckland Unitarv Plan Operative in Part (AUP (OPll - Restricted Discretionary activity as the activity does not comply with a permitted activity standard pursuant to to Standard E25.6.32 states that the take?off or landing of a helicopter on any site except for emergency services must not exceed 50dB or 85dB AFmax measured within the boundary or the notional boundary of any adjacent site containing activities sensitive to noise and within the boundary of any other site. The proposal exceeds the permitted 50dB and 85dB LAFmax The proposal would exceed the LAFmax 2dB. - Restricted Discretionary activity as the proposal involves the construction of buildings and structures and structures on land which may be subject to instability pursuant to E36.4.1 (A51). BUN60302136 - 75 Sars?eld Street Page 19 Rule H5.4.1 (A31) states that accessory buildings are a permitted activity subject to compliance with the relevant standards. The proposal does not comply with the following standards and therefore pursuant to rule requires consideration as a Restricted Discretionary activity: 0 H5.6.8 (1): Yards: The proposed building is within the 10m coastal protection yard. 0 H7.11.3.1: Yards: The proposed building as it relates to the rear (southern) boundary is within the 6m of a residential zone. Coastal permits (s12) CST60082316 Auckland Council Regional Plan: Coastal The proposal involves the following works below mean high water springs (MHWS): The demolition and removal of the existing boatshed and ramp. This requires Controlled activity regional consent pursuant to rule 12.5.10. The construction of a new boatshed, ramp and helipad, including the use of temporary structures/barge during works. This requires Discretionary activity regional consent pursuant to rule 12.5.18. The occupation of common marine and coastal area (CMCA) by the new boatshed, ramp and helipad. This requires Discretionary activity regional consent pursuant to rule 10.5.9. The use of the new boatshed roof as a helipad for the arrival and departure of a helicopter. This requires Discretionary activity regional consent pursuant to rule 11.5.5. Auckland Unitarv Plan Operative in Part Coastal Non-Complying Activity as the proposal involves the construction of a helicopter landing area within the General Coastal Marine zone pursuant to 2.19.8 (A106). Discretionary activity as the proposal involves occupation associated with CMA structures pursuant to F2.19.10 (A127). Rule F2.21.1.1 Noise vibration states that activities in the CMA must not exceed the relevant levels specified in E25. The proposal does not comply with the following standards and therefore pursuant to requires consideration as a Restricted Discretionary activity: 0 E25.6.32: The take-off or landing of a helicopter on any site except for emergency services must not exceed 50dB or 85dB LAFmax measured within the boundary or the notional boundary of any adjacent site containing activities sensitive to noise and within the boundary of any other site. The proposal exceeds the permitted 85dB AFmax. Decision have read the application(s), supporting documents, and the report and recommendations on the application(s). I am satisfied that have adequate information to consider the matters BUN60302136 - 75 Sarsfleld Street Page 20 required by the Resource Management Act 1991 (RMA) and make a decision under delegated authority on the application(s). Acting under delegated authority, under sections 104, 104B 105 the application is GRANTED. Reasons The reasons for this decision are: 1. Section 88A of the RMA provides for the activity status of an application to remain the same as first lodged. Under the the activity status is non-complying. While this would change the overall activity status, the discretionary activity status when lodged is safeguarded by 2. In accordance with an assessment under s104(1)(a) of the RMA, the actual and potential effects from the proposal will be acceptable for the following reasons: The existing boatshed measures approximately 25 metres in length by 6.4 metres in width and 6.3 metres in height (from the floor level to the apex of the gable roof). The boatshed is founded on concrete foundations and timber piles and is clad with timber weatherboards at the base with corrugated iron above, and a corrugated iron roof. A timber slipway extends from the floor of the boatshed, approximately 29 metres beyond its northern elevation. Consent for the existing boat shed, the subject of this application, is No 27797 which expires on 10 July 2038. There are three boat shed within the Sentinel Beach embayment. Consent for the existing boat shed, the subject of this application, is No 27797 which expires on 10 July 2038. The resource consent (38448) for the boat shed immediately to the west of the application site which abuts 79 Sarsfield Street expires on 30 June 2043. Consent 15557 for the boat shed adjacent to No 71 Sarsfield Street expires on 1 November 2031. The immediate foreshore area of the site exhibits examples of human shoreline modification which include structures such as boatsheds, ramps, jetties and seawalls. The subject area is not within any significant landscape areas. The proposed boatshed will have the same form, scale and location as the existing boat shed. This includes the gable-style roof structure. However, the materiality will change from a combination of weatherboards and corrugated iron to being fully clad with weatherboard slatted shutters. There will be periods when the boatshed is in the open position with a helicopter situated on the landing pad, exposing a timber and coated structure underneath. This will be visible during take-offs and landing and in-between these times but noting that the helicopter will not be stored permanently at this location. To expose the landing pad the northern section of the building would slide back over the southern end. The landing pad structure would consist of exposed timber and zinc coated steel. it is considered that this will not reduce the overall amenity, noting the highly modified nature of the surrounding coastal environment and the limited periods in which the boatshed would be open. The helicopter activity does not have a functional or operational need to be undertaken in the coastal marine area, but recognising, the activity will occur in association with the boatshed, will not noticeably detract from amenity values, natural character or public access. BUN60302136 75 Sars?eld Street Page 21 The helicopter departures and arrivals would only be visible for short durations and the visual effects of the helipad would be temporary as it will only be when a helicopter is sitting on the roof while landing and before take-off. The portion of the Herne Bay shoreline where the boatshed is located is not readily accessible to the public and the proposal will not further reduce public access of the coast due to the location of the boatshed. Noting both the duration of the existing consent, and the boatshed that authorised by Consent 38448 occupies part of the beach and impedes access along the sandy beach to the east. It was further noted that public walking access can be gained from the seaward side of the ramp when the tide retreats. With the boat shed authorised to the west is present, the proposal will not provide any significant impediment to public walking access along the foreshore. As Consent 38448 expires in 2043, the duration of this consent will expire on the 30 June 2043 so this aspect can be considered holistically at that time in terms of maintaining and enhancing public access. . Helicopter flights may be visible for short durations during departures and arrivals onto the surrounding area. However as this will only be for short durations of approximately a few minutes at a time, any adverse visual amenity effects can be considered minimised. The proposed flights of the helicopter are proposed over the coastal environment and no flying will occur overhead of the residential properties below 500ft which will further ensure that any visual effects on the surrounding residential properties are further reduced. 0 The proposed measures to restrict the flight path height, frequency of flights and hours of operation will ensure that the helicopter use and noise generated from the activity will not noticeably detract from aural amenities. - Construction will be temporary in nature and a construction management plan will ensure that the construction works will be appropriately managed. - The proposed works will only be for shallow excavations and existing piled foundations will be reused therefore site stability will be maintained and there will be no disturbance to the foreshore and seabed. 3. In accordance with an assessment under s104(1)(b) of the RMA, the proposal is consistent with the relevant statutory documents. In particular: The AEE has assessed the proposal against the New Zealand Coastal Policy Statement, the Auckland Council Regional Plan: Coastal and Auckland Council District Plan (Isthmus Section). Other documents, such as the RPS and AUP where referenced but this relates to the notified versions. Relevant provisions of the above documents, in summary, seek outcomes relating to; recognises that there are activities that have a functional need to be located in the CMA, to avoid or mitigate adverse effects on ecological values, to protect the dynamic functioning of coastal processes, to preserve natural character, landscape quality, natural features and ecosystems of the coastal environment from inappropriate subdivision and the protection of natural character and outstanding landscapes and allow use and enable the appropriate use and development in a manner that provides for the protection of values. BUN60302136 75 Sars?eld Street Page 22 In addition, with the introduction of helicopter activities, is to limit adverse effects of noise on amenity values and human health. 0 The proposal will not be inconsistent with the New Zealand Coastal Policy Statement and the Hauraki Gulf Marine Park Act 2000. Objective 2 seeks to preserve the natural character of the coastal environment and protect natural features and landscape values. Objective 4 seeks to maintain and enhance public open qualities (including public walking access). Objective 6 refers to enable people and communities to provide for their social wellbeing through use and development recognising that the protection of the values of the coastal environment does not preclude use and development in appropriate places and forms, and within appropriate limits. Particular regard has been had to policies 6, 13, 14, 15, 18 19. The subject site lies within a modified portion of the coastline, and the proposal will not compromise its natural (albeit modified) character nor impact on natural landscapes and features. The proposal will maintain public space qualities and recreational opportunities of the coastal environment. The duration of the coastal permit to be linked with coastal permits of the adjacent boat sheds will ensure that when the coastal permits expire, the appropriateness of these structures will be considered as a whole if it is recognised that there is a need for public open space and walking access along the coast. The proposal maintains the character of the existing built environment, with adverse effects minimised and managed. The functional need of the boatshed has been recognised, and whilst the same can?t be applied to the helicopter activity, it does involve the efficient use of occupied space. 0 The proposal will not be inconsistent with the objectives and policies of the Regional Policy Statement. Particular regard has been had to objectives and policies and 3). This centres on natural character, use development and public access. The proposal avoids, remedies and mitigates adverse effects on natural character of the coastal environment not identified as of outstanding or high natural character; development is located in an appropriate place and of appropriate form and limits; has a functional need and or efficient use of space (helicopter activity); and has been designed and managed to minimise impacts on public use of and access to and along the coastal marine area. . The proposal is generally consistent with the objectives and policies relating to the Coastal Management Area (5B.4.1-5B.4.6) under the Auckland Council District Plan (Isthmus Section) which enables the use and development of the coastal environment while ensuring the protection and enhancement of the coastal landscapes and habitats. The proposal will not detract from the coastal management area as the boatshed will maintain a similar form and scale and therefore the visual effects are similar to what currently exists on the coastal area. The proposal will not hinder public access to the coastal marine area along the Herne Bay coastline and little disturbance to the foreshore and seabed will maintain the ecological and natural values of the area. Overall the proposal will not detract from the amenity and character within this modified coastal environment. BUN60302136 75 Sars?eld Street Page 23 . With regards to the Auckland Regional Plan Coastal, the proposal is generally consistent with the objectives 10.3.1-3 and policies 10.4.3 and 10.4.5 which aim at ensuring the appropriate use and development in the coastal marine area. It recognises that the use and development of the marine area is appropriate where the environment has been modified by human activities and [coated in areas where development already exists. The proposal will reconstruct the existing boat shed to a similar scale and form. The proposal will not detract from the existing modified coastal environment and the shallow excavations will maintain the ecological values and coastal processes of the coastal marine area. The use of the boatshed as helicopter pad is also appropriate given the measures proposed to restrict the operation. . The proposal is generally consistent with the objectives and policies of the AUP (OP) with specific regard to: 0 Noise: the proposal will not be contrary to Objectives E25.2 (1), (2) and (4) and Policies E25.3 as the proposed measures to restrict hours of operation, flight path height and frequency of flights will ensure that amenity values of residential zones are maintained. especially at night time. The helicopter activity is also sufficiently separated from adjacent residential sites ensuring aural amenities will be maintained. 0 Stability: The proposal is generally consistent with Objective E362 and policies E36.3 as the proposal will only involve shallow excavations and existing piled foundations will be reused for the boatshed therefore it will not increase stability risks on the site. 0 Mixed Housing Urban Zone: The proposal is consistent with the objectives policies as the bulk, form and height of the boatshed will be similar to the existing. The scale of the proposal will not detract the amenity values of the area. 0 Coastal: The proposal is consistent with the objectives and policies of the General Coastal Marine Zone (Objectives and policies (3), (4) (11). The proposal will reconstruct the existing boatshed to a similar scale and therefore the occupation of the marine area is appropriate. The helicopter activity does not have a functional or operational need to be undertaken in the common marine and coastal area and does not enhance amenity values, but recognising, the activity will occur in association with the boatshed, will not noticeably detract from amenity values, natural character or public access. The duration for the occupation of the coastal marine area will be limited to 26 years (expires on 30 June 2043) which is consistent with the coastal permit of an adjacent boatshed to ensure that the appropriateness of the occupation of these similar structures will be considered as a whole. Weighting only becomes relevant in the event that different outcomes arise from assessments of the objectives and policies of the relevant plans. In this instance, as the outcomes are similar, no weighting is considered necessary. 4. In accordance with an assessment under s104(1)(c) of the Resource Management Act, other matters, including monitoring and conditions of consent have been considered in the BUN60302136 75 Sars?eid Street Page 24 determination of the application. Monitoring and the associated monitoring fee are appropriate to ensure compliance with the conditions attached to this consent. 5. The proposal achieves the sustainable management purpose of the RMA under Part 2 because it will maintain the quality of the environment and amenity values of the coastal environment. Adverse effects will be suitably avoided, remedied or mitigated. 2. Conditions Under section 108 of the RMA, these consents are subject to the following conditions: General Conditions 1. The proposal shall be carried out in accordance with the plans and all information submitted with the application, detailed below, and all referenced by the council as consent number LU060112250 CST60082316 . Application Form, and Assessment of Environmental Effects prepared by Paul Arnesen of Planning Focus Limited, dated August 2016. - Coastal Permit 27797, dated 16 July 2003. - Assessment of Noise Effects, prepared by Hegley Acoustic Consultants, dated July 2016. 892 response from Nevil Hegley of Hegley Acoustic Consultants, dated 14 September 2016. 0 Response to further information request, prepared by Paul Arnesen, dated 21 September 2016. Plan title and reference Author Rev Dated RC 01 Existing Plans 8: Elevations Julian Guthrie 14/07/2016 RC 02 Proposed Plans Julian Guthrie 14/07/2016 RC 03 Proposed Elevations Julian Guthrie 14/07/2016 Correspondence Dated Letter from Setareh Masoud-Ansari 12 April 2017 Email from Paul Arnesen to Thomas Faherty regarding PAUP 29 March 2017 DV and AUP OP Email from Setareh Masoud?Ansari 27 April 2017 Email from Paul Arnesen regarding duration of coastal permit 14 February 2017 Email from Paul Arnesen 13 March 2017 2. Under section 125 of the RMA, this consent lapses five years after the date it is granted unless: a. The consent is given effect to; or b. The council extends the period after which the consent lapses. BUN60302136 75 Sars?eld Street Page 25 10. 11. 12. The consent holder shall pay the council an initial consent compliance monitoring charge of $300 (inclusive of GST), plus any further monitoring charge or charges to recover the actual and reasonable costs incurred to ensure compliance with the conditions attached to this consent/s. Advice note: The initial monitoring deposit is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc., all being work to ensure compliance with the resource consent. In order to recover actual and reasonable costs, monitoring of conditions, in excess of those covered by the deposit, shall be charged at the relevant hourly rate applicable at the time. The consent holder will be advised of the further monitoring charge. Only after all conditions of the resource consent have been met, will the council issue a letter confirming compliance on request of the consent holder. Construction hours and noise All construction, demolition and earthworks activities on the subject site shall comply with the New Zealand Standard 6803:1999 for Acoustics - Construction Noise at all times. The use of noise generating tools, motorised equipment, and vehicles that are associated with construction and earthworks activity on the subject site shall therefore be restricted to between the following hours to comply with this standard: a. Monday to Saturday: 7:30am to 6:00pm b. Sundays or Public Holidays: no works Helicopter Operation The consent holder shall ensure that the flight paths to and from the helipad shall generally be to and from the north until the helicopter is at a minimum height of 500ft in order to provide a reasonable noise level for the wider environment. The consent holder shall ensure that the helicopter activity shall have a maximum of 3 flights (3 arrivals and 3 departures) in any 7 day period with a maximum of one flight in any one day. The consent holder shall ensure that all flights are restricted to the hours of 7:00am to 7:00pm Monday to Friday and 9:00am to 7:00pm Saturday, Sunday and Public Holidays or between Morning Civil Twilight and Evening Civil Twilight, whichever is more restrictive. The consent holder shall ensure that no helicopter creating noise effects greater than an AS350 will be used unless the expected noise levels can be demonstrated to comply with the noise limits. The consent holder shall ensure that a log will be prepared in order to keep a log of flights, which will be made available to Council if requested. The consent holder shall ensure that all flights will be flown in accordance with the requirements of the Fly Neighbourly Guide. No refuelling of the helicopter shall be undertaken on the helicopter pad. BUN60302136 75 Sars?eld Street Page 26 ?13. 14. 15. 16. 17. 18. 19. 20. Prior to the commencement of the helicopter pad operation, the consent holder shall obtain the approval of the Civil Aviation Authority to construct a helipad on the boat shed. The approval shall be provided to the Team Leader Central Monitoring. The arrival and departures to and from the helicopter pad shall be for domestic purposes only and not for commercial purposes. Noise The noise generated by the helicopters, as measured at the national boundary of any dwelling with the exception of 73 79 Sarsfield Street) shall not exceed a level of 50dBa Ldn. The value shall be averaged over any one week in accordance with the requirement of Noise Management and Land Use Planning for Helicopter Landing Areas. The noise exposure on any single day should not exceed an of 53dBa. Measurements of helicopter noise shall be undertaken in accordance with the requirements of N28 6801:2008 Acoustics - Measurement of Environmental Sound. Construction of the boat shed A minimum of 10 working days prior to the start of the construction activity, a Construction Management Plan (CMP) shall be submitted to and approved by the Team Leader Central Monitoring. The CMP shall specify but no necessarily be limited to the following: a. Construction timetable b. Construction methodology i. Details of any temporary structures in the coastal marine area construction staging) ii. Methods to remedy any disturbance resulting from the works. 0. Contingency plans in case of discharges to the coastal marine area during works d. Site management including details of: i. Site access ii. Confirmation that no equipment or machinery is cleaned, or refuelled or stored in any part of the coastal marine area Methods to ensure compliance with noise standards iv. Methods to avoid effects on the public use of Sentinel beach and adjacent water space No construction activity in the coastal marine area shall start until the CMP is approved by Council and all measures identified in the plan are in place. All works shall comply with the approved construction management plan at all times. All personnel working on the site shall be made aware of the requirements contained in the CMP. A BUN60302136 75 Sars?eld Street Page 27 21. 22. 23. 24. 25. 26. 27. 28. copy of the approved CMP shall be held on site at all times while any activity associated with construction is occurring. Public access to and along the coastal marine area shall not be impeded by the construction works except for health and safety reasons. Restrictions on use The consent holder shall only use the boat shed for the purpose of recreational boating and yacht storage. Specific to Maintenance The consent holder shall ensure that the structure permitted to occupy the coastal marine area by this consent is maintained in good and sound condition and shall make any repairs that are necessary, subject to obtaining the necessary resource consents. Extent of occupation The right to occupy part of the Common Marine and Coastal Area shall be limited to the area of the structure identified in the documents listed in Condition 1 above. The right to occupy part of the common marine and coastal area with the boat shed and helipad shall be an exclusive right. The right to occupy the common marine and coastal area with the slipway is not an exclusive right, and the consent holder shall at all times permit all persons to use the slipway for the purpose of providing public access to and along the coastal marine area. Du ration Consent to occupy common marine and coastal area shall expire on 30 June 2043 unless it has lapsed, been surrendered or been cancelled at an earlier date pursuant to the Resource Management Act 1991. Removal Within forty (40) working days 'of the expiry, termination or surrender of this consent, or within a period as othenrvise agreed in writing by the Team Leader Central Monitoring, the consent holder shall, at their own expense, entirely remove the structure authorised by this consent from the coastal marine area to the satisfaction of Team Leader Central Monitoring, unless an application for a replacement consent has been accepted for processing by the Council at least six months prior to the expiry of this consent. BUN60302136 75 Sars?eld Street Page 28 Advice notes Any reference to number of days within this decision refers to working days as defined in s2 of the RMA. 2. For the purpose of compliance with the conditions of consent, ?the council? refers to the council?s monitoring inspector unless otherwise speci?ed. Please contact monitoring @aucklandcouncil. govt. nz] to identify your allocated officer. 3. For more information on the resource consent process with Auckland Council see the council?s website General information on resource consents, including making an application to vary or cancel consent conditions can be found on the Ministry for the Environment?s website: govt. n2. 4. if you disagree with any of the above conditions, or disagree with the additional charges relating to the processing of the application, you have a right of objection pursuant to sections 357A or 3573 of the Resource Management Act 1991. Any objection must be made in writing to the council within 15 working days of notification of the decision. 5. The consent holder is responsible for obtaining all other necessary consents, permits, and licences, including those under the Building Act 2004, and the Heritage New Zealand Pouhere Taonga Act 2014. This consent does not remove the need to comply with all other applicable Acts (including the Property Law Act 2007 and the Health and Safety at Work Act 2015), regulations, relevant Bylaws, and rules of law. This consent does not constitute building consent approval. Please check whether a building consent is required under the Building Act 2004. Delegated decision maker: Name: Matthew Wright Title: Team Leader, Resource Consents Signed: Date: 18 August 2017 BU N60302136 75 Sars?eld Street Page 29 as WAI TE MATA Emma: 0005Sirs?eld Shel .35? - HARBOUR an TING SHED Existing Floor Plan @h/L?m resource consent Gun'ugllad iron wagging it: Exislin North Elevation hnpunnq Tmber pins Page i ol3 l: i 1 _1 3.15 FFL ?if Existing Overall Site Plan SARSFIELD STREET .7. BUN60302136 Approved Resource Consent Plan 18/081201? Angela Taganahan Elevation Rod and Dulu W. Jan m; Duke Boat shad 75 Sarslield Slreel Harrie Bay mm 1.5.. Plan! 5. Elavallans San. 1:100, 1:200@ A1 Um. 14/0712016 Drum Na. RC ?1 New. - resource consent HARBOUR packed mums bualhlian and have adqllud hm anum bunny-db 1927), than Il?l will-d la ?w?f in mind A Land Trawler survey anuldha envied uul In mum-Ina Willem. INWI annex HA RBOUR WAITEMATA DP mm 1 73 SIM DP 375454 2 TB Sals?nkl Elma! 75 5mm Slmul Page 2 of 3 Aw it BUN60302136 Approved Resource Consent Plan 16/06/2017 Angela Tag anahan JULIAN W. Plan - Open 1:100 Chi-fr Rod and Duk- MM. JM m. Duku Bull Shad 75 Sanllald Slrael Han-la Bay SARSFIELD STREET Pro used Overall Sila Plan 1:200 Pro osad Floor Plan A 12100 mam nan. Prupunll San. 1:200, nun. 1410772516 RC 02 qSliding roar slum-r - natural weathered hardwood sla?s ?1le nonmx aw" N'tu?l wul'mmd hardwood ?lled roof 3.34 FFL lama 5? lquun (mg? ?1 A. y: A EmLing umber p119: moom 1:100 Wat matured :lalls Proposed East Elevation - Closed Roof hmbur pins BUN60302136 Approved Resource Consent Plan Page 3 013 Angela Taganahan I A I 18M81201 Exposed Iimbar and 3:34 FFL a souclure Busting timber ramp En?lUng lmear pile: 10000 mom 1:100 Promsed West Elevation - Closed Roof 1:100 5400 maxillary 1:100 Gunilla =3 Eurmxa s: ?my Proposed North Elevation - Closed Root 3.34 FFL Proposed South Elevation - Closed Roof Suwal Existing Slone mammal: 1:100 Proposed East Elevation Open Root Exterlng nmher plea as among at existing 1:100 Proposed North Elevation - Open Root Emma-m 5E, awn-*1 3m Pommymi-smrmumz 9377154 Rod and Pal?cln Duke Mont. 12000 leer-ax 10000 Dal-U. 14/137,2015 my. RC 03 75 Sars?eld street Duke BoatSh-d' Home Bay Proposed Elevations Sun. 1100 A1 m" NO, 2: 11100 8mm! 1 Expand Imbo' rand an: mailed ate-l 3.34 FFL fa ..-L Proposed West Elevation - Open Roof