Report for an application to change/cancel conditions of a resource consent under section 127 of the Resource Management Act 1991 Discretionary activity under section 127(3) for a residential activity 1. Application description Application number: LUC60029777-A Applicant: Tokoeka Properties Limited Original consent number: LF 2142880 Site address: 70 and 76 Stanley Point Road, Stanley Point Legal description: 70 Stanley Pt Rd - Lots 1, 2 & 3 DP 16721 CT NA656/188 76 Stanley Pt Rd - Lot 6 DP 16721 CT 403/289 Site area: 70 Stanley Point Road – 4856m2 76 Stanley Point Road – 1462m2 Auckland Unitary Plan (Operative in part) Coastal - General Coastal Marine Zone Zoning and precinct: Residential - Single House Zone Overlays, controls, special features etc: designations, Natural Resources: Significant Ecological Areas Overlay - SEA-M2-60b, Marine 2 Natural Resources: Significant Ecological Areas Overlay - SEA_T_8236, Terrestrial Controls: Coastal Inundation 1 per cent AEP Plus 1m Control - 1m sea level rise Controls: Macroinvertebrate Community Index Urban Note: For the avoidance of doubt, any reference in this report to ‘vary’ or ‘variation application’ shall be taken to mean an application to change or cancel consent conditions under s127 of the RMA. Page 1 2. Locality Plan Figure 1: Location of the subject site and approximate location of the proposed dwelling (image from agents AEE). Figure 2: View of the subject site and the adjacent sites which the applicant owns (blue dot) and adjacent sites not owned by the applicant (red dots). Page 2 of 39 3. The proposal, site and locality description Proposal The consent holder wishes to vary the conditions of resource consent LF 2142880 for a residential activity as follows: The design of the dwelling in the approved plans (LF 2142880) was for a four-bedroom and two-storey structure reminiscent of an English Cottage linked to a large garage accessed by an upgraded driveway and surrounded by extensive paved patio and formal garden outside living areas, and with an associated pool and pool house with a guest bedroom. The proposed new design is for a more compressed structure of a more modern design at the same location, also with two-storeys and five bedrooms, with a pool and pool house (but without the guest bedroom), garage structures and a driveway of reduced dimension. Overall, the proposed new design is somewhat smaller in scale and is considered to fit within the ‘footprint of effect’ upon which approval the existing consent was based. With regards to earthworks, the original design required 3,315m3 over an area of 2,421m2 and the new proposal will include 2,056.4m3 over an area of 1,800m2. Site and surrounding environment description Wendy Baverstock of Isle Land Limited has provided: • • • a description of the proposal detailed the variations to the condition(s) of consent, and described the subject site and its surroundings. This can be found on pages 5-11 of the Assessment of Environmental Effects (AEE) titled: Dwelling at 70 and 76 Stanley Point Road, Stanley Point Auckland – s127 Application to Change Consent Conditions dated June 2019. Having undertaken a site visit on 11th July 2019, I agree with the accuracy of this information and would also like to add that the tree removal and re-planting of the SEA has already occurred. The following images were taken on the site during the site visit: Page 3 of 39 Figure 3: view of the replacement planting which has already been undertaken. Figure 4: View from the subject site looking at 78 Stanley Point Road (owned by applicant). Page 4 of 39 Figure 5: View of the demolished house and the SEA along the coastal cliff which has had some vegetation removed and weed management occurring. Figure 6: View of the driveway off Stanley Point Road which will be re-sealed and used as access for the proposed dwelling. Page 5 of 39 4. Status of the application Application to vary resource consent condition(s) – LF 2142880 The proposed changes are considered to fall within the scope of the original resource consent. The original consent authorised the construction of a two-story dwelling with associated earthworks and tree removal within the SEA. As an application for a variation to conditions under s127 of the Resource Management Act 1991 (RMA), it is treated as if it is a discretionary activity. Sections 88 to 121 apply, though all references to resource consent and activity are replaced with reference to the change or cancellation of the condition, and the resultant effects. 5. Public notification assessment (sections 95A, 95C-95D) Section 95A specifies the steps the council is to follow to determine whether an application is to be publicly notified. These steps are addressed in the statutory order below. Step 1: mandatory public notification in certain circumstances No mandatory notification is required as: • • • the applicant has not requested that the application is publicly notified (s95A(3)(a)); there are no outstanding or refused requests for further information (s95C and s95A(3)(b)); and the application does not involve any exchange of recreation reserve land under s15AA of the Reserves Act 1977 (s95A(3)(c)). Step 2: if not required by step 1, public notification precluded in certain circumstances Public notification of a resource consent application exclusively involving a residential activity (as defined by s95A(6)) is precluded where the activity status for the application is restricted discretionary or discretionary (ss95A(4) and 95A(5)(b)(ii)). In this case, the proposal is a residential activity as: • • the land was zoned in the Residential 3 Zone under the granted consent, and its current zoning is Residential – Single House Zone, being a zone intended to be used principally for residential purposes; and the activity requiring resource consent is and remains associated with the construction and use of a dwelling house. The variation application is therefore precluded from being publicly notified unless special circumstances addressed in step 4 below warrant otherwise. Page 6 of 39 Step 3: if not precluded by step 2, public notification required in certain circumstances As the application is precluded from public notification by step 2, this step is not applicable. Step 4: public notification in special circumstances If an application has not been publicly notified as a result of any of the previous steps, then the council is required to determine whether special circumstances exist that warrant it being publicly notified (s95A(9)). Special circumstances are those that are: • • • exceptional, abnormal or unusual, but something less than extraordinary or unique; outside of the common run of applications of this nature; or circumstances which make notification desirable. In this instance I have turned my mind specifically to the existence of any special circumstances and conclude that there is nothing exceptional or unusual about the application, and that the proposal has nothing out of the ordinary run of things to suggest that public notification should occur. Public notification conclusion Having undertaken the s95A public notification tests, the following conclusions are reached: • • • • Under step 1, public notification is not mandatory. Under step 2, public notification is precluded as the application is exclusively for a residential activity. Step 3 of the notification tests is not applicable due to the finding of step 2. Under step 4, there are no special circumstances that warrant the application being publicly notified. It is therefore recommended that this variation application be processed without public notification. 6. Limited notification assessment (sections 95B, 95E-95G, s127(4)) If the variation application is not publicly notified under s95A, the council must follow the steps set out in s95B to determine whether to limited notify the application. These steps are addressed in the statutory order below. Page 7 of 39 Step 1: certain affected protected customary rights groups must be notified There are no protected customary rights groups or customary marine title groups affected by the proposed activity (s95B(2)). In addition, the council must determine whether the proposed activity is on or adjacent to, or may affect, land that is subject of a statutory acknowledgement under schedule 11, and whether the person to whom the statutory acknowledgement is made is an affected person (s95B(3)). Within the Auckland region the following statutory acknowledgements are relevant: • • • • • • • Te Uri o Hau Claims Settlement Act 2002 Ngāti Manuhiri Claims Settlement Act 2012 Ngāti Whātua Ōrākei Claims Settlement Act 2012 Ngāti Whātua o Kaipara Claims Settlement Act 2013 Te Kawerau ā Maki Claims Settlement Act 2015 Ngāti Tamaoho Claims Settlement Act 2018 Ngāi Tai Ki Tāmaki Claims Settlement Act 2018 In this instance, the proposal will occur adjacent to land that is subject to a statutory acknowledgement, however the proposal will not result in adversely affected persons in this regard because these matters were previously addressed in the original consent (LF 2142880) and this application is to change the consent conditions as a result of a new dwelling design with a smaller building footprint when compared to what was previously assessed. Step 2: if not required by step 1, limited notification precluded in certain circumstances The application is not precluded from limited notification as: • • the application is not for one or more activities that are exclusively subject to a rule or NES which preclude limited notification (s95B(6)(a)); and the application is not exclusively for one or both of the following: a controlled activity, other than a subdivision, that requires consent under a district plan; or a prescribed activity (s95B(6)(b)). Step 3: if not precluded by step 2, certain other affected persons must be notified As this application is not for a boundary activity or a prescribed activity, there are no affected persons related to those types of activities (s95B(7)). The following assessment addresses whether there are any affected persons that the application is required to be limited notified to (s95B(8)). In determining whether a person is an affected person: • a person is affected if adverse effects on that person are minor or more than minor (but not less than minor); Page 8 of 39 • • adverse effects permitted by a rule in a plan or NES (the permitted baseline) may be disregarded; and the adverse effects on those persons who have provided their written approval must be disregarded. In considering a variation application, the council must also consider in particular every person who made a submission on the original application and who may be affected by the change or cancellation of that consent (s127(4)). Adversely affected persons assessment (sections 95B(8) and 95E) The consultant has provided in accordance with schedule 4 of the RMA, an assessment of adversely affected persons in such detail as corresponds with the scale and significance of the effects that the activity may have on persons in the surrounding environment. The assessment of adversely effected persons can be found on pages 14-19 of the AEE. The AEE concludes that: • The new proposal is for a somewhat reduced scale of residential development and will not result in a density of development that is inconsistent with the area of land or the underlying subdivision pattern. • Noise, construction activity and visual impact of the proposed site works will still be temporary and limited to standard hours. • The works area will be covered by the proposed buildings upon their completion, so the natural landform character will be retained and the site returned to an open spacious environment. • A Geotechnical Addendum has confirmed that the previous conclusions regarding the lack of stability and natural hazard risk concerns still applies to the modified proposal. • Appropriate sediment and erosion controls will still be applied in accordance with Council’s best management practice requirements and the volume of earthworks required for the proposed modified design is considerably less than that required for the approved design. • The new proposal retains significant parking and manoeuvring areas at the dwelling end of the driveway so that adverse potential traffic effects on the local road will be avoided. • The proposed new design will provide five bedrooms (one additional) and considerable living and dining spaces and outdoor living areas, along with the pool and pool house but within a smaller overall area of the site. • The proposed new design will apply similar recessive and natural colours and materials to its external finishing and so will also not be highly visible from the street. • The proposed new design is more compact than the approved design and layout and so will have a lesser effect upon landscape values than the approved design. Page 9 of 39 • Tree removal (including weed species) has been carried out without affecting the health of remaining protected trees, and replanting of areas has already begun. Along with the proposed mitigation landscape planting the existing and proposed vegetation will still screen and soften the development. • The site will retain large areas of vegetation along the coast and an overall open spacious character. • Overall, the new proposal is for a somewhat smaller scale development that readily fits within the footprint of effect considered when the existing consent was granted. The previous conclusion that the proposal will not detract from the character of the area is considered to also apply to the proposed modified design. • The majority of the large site will still retain an open spacious and vegetated character and the somewhat reduced scale of the new proposal will further promote this openness. • The proposed new design of the dwelling will also integrate in to the landform and underlying subdivision pattern including by retaining the separation of built form between main dwelling, and pool house, the use of low impact structures including courtyard outdoor living spaces and the use of a green roof over the garage/laundry attached to the dwelling, and will use similar recessive materials and colours. • As required by the consent, the affected titles will either be combined, or a suitable encumbrance or covenant registered, so that the character of the site is retained and the dwelling will not be highly visible from the street. Overall, I agree with the AEE and conclude that the proposed dwelling is of a smaller scale when compared to the initial application (LF 2142880). The original dwelling on-site has already been demolished and the vegetation clearance and re-planting has already occurred. The surrounding sites are owned by the applicant, excluding 60 and 74 Stanley Point Road. The site is not subject to any overlays which affect building colour or design, therefore it is not necessary to construct an “English cottage”. In particular, persons at 74 Stanley Point Road will look out directly onto the proposed dwelling. The new dwelling complies with the relevant development standards for new dwellings in the Residential – Single House Zone, in particular building height and height in relation to boundary. Due to the topography of the land, persons at 74 Stanley Point Road are situated approximately 5m above where the proposed dwelling is located. It is proposed to alter natural ground level and the dwelling will sit within the landscape and will not dominate onto persons at 74 Stanley Point Road. In addition, the green roof on top of the garage will assist with softening the built form overall. Finally, the overall building foot print of the dwelling has been reduced and condensed onto two sites rather than four. Therefore any effects on the persons at 74 Stanley Point Road will be less than minor. Page 10 of 39 Overall, the proposed dwelling has a smaller building footprint and scale overall, including a lesser volume and area of earthworks when compared to the original approved dwelling. It is therefore considered that any adverse effects of the new design, will have less than minor adverse effects on all persons. Step 4: further notification in special circumstances In addition to the findings of the previous steps, the council is also required to determine whether special circumstances exist in relation to the variation application that warrant it being notified to any other persons not already determined as eligible for limited notification (excluding persons assessed under section 95E as not being affected persons). Special circumstances are those that are: • • • Exceptional, abnormal or unusual, but something less than extraordinary or unique; outside of the common run of applications of this nature; or circumstances which make limited notification to any other person desirable, notwithstanding the conclusion that no other person has been considered eligible. In this instance I have turned my mind specifically to the existence of any special circumstances under s95B(10) and conclude that there is nothing exceptional or unusual about the variation application, and that the proposal has nothing out of the ordinary run of things to suggest that notification to any other persons should occur. Limited notification conclusion Having undertaken the s95B limited notification tests, the following conclusions are reached: • • • • Under step 1, limited notification is not mandatory. Under step 2, there is no rule or NES that specifically precludes limited notification of the variation application, and the application is for an activity other than those specified in s95B(6)(b). Under step 3, limited notification is not required as it is considered that the variation application will not result in any adversely affected persons. Under step 4, there are no special circumstances that warrant the variation application being limited notified to any other persons. It is therefore recommended that this variation application be processed without limited notification. 7. Notification recommendation Non-notification For the above reasons under section 95A, this application may be processed without public notification. Page 11 of 39 In addition, under sections 95B and 127(4), limited notification is not required. Accordingly, I recommend that this application is processed non-notified. Frances Gibbons Date: 08/08/2019 Intermediate Planner Resource Consents 8. Notification determination Acting under delegated authority, and for the reasons set out in the above assessment and recommendation, under sections 95A and 95C to 95D, and 95B, 127(4) and 95E to 95G of the RMA, this application shall be processed non-notified. Nick McCool Team Leader Resource Consents Page 12 of 39 Date: 08/08/2019 Decision on an application to change/cancel conditions of a resource consent under section 127 of the Resource Management Act 1991 Discretionary activity under section 127(3) for a residential activity Application number: LUC60029777-A Original consent number: LF 2142880 Applicant: Tokoeka Properties Limited Site address: 70 and 76 Stanley Point Road, Stanley Point Legal description: 70 Stanley Pt Rd - Lots 1, 2 & 3 DP 16721 CT NA656/188 76 Stanley Pt Rd - Lot 6 DP 16721 CT 403/289 Proposal: It is proposed to vary the conditions of Resource Consent LF 2142880 as a new dwelling design is proposed. Note: For the avoidance of doubt, any reference in this decision to ‘vary’ or ‘variation application’ shall be taken to mean an application to change or cancel consent conditions under s127 of the RMA. This discretionary activity under s127 of the Resource Management Act 1991 (RMA) is for changes to condition(s) of consent LF 2142880 involving the following amendments (with strikethrough for deletion, underline for insertions): Land use consent (s9) – LF 2142880 Changes to condition 1 Plans and information The dwelling activity 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 LF 2142880 and LUC60029777-A. a. Application Form, and Assessment of Environmental Effects prepared by Isle Lands Ltd, dated 21 April 2016, updated 23 May 2016, and July 2016 and the s127 Application to change consent conditions for dwelling 70 and 76 Stanley Point Road, Stanley Point, dated June 2019. b. Section 88 response letter dated 23 May 2016 prepared by Isle Lands Ltd. Page 1 of 39 c. Section 92 response letter dated 18 July 2016 70 Stanley Point Road, Stanley Point, Council Reference No: LF – 214880 Section 92 Response (Final) prepared by Isle Lands Ltd. d. ‘Addendum Geotechnical Letter for Dwelling, Garages and Swimming Pool at 70 Stanley Point Road, Stanley Point’ prepared by GWE Consulting Ltd and dated June 2019; e. Plans prepared by Fearon Hay Architects Ltd. titled ‘Stanley Point Residence. 70 Stanley Point Road, Stanley Point, Auckland 0624’ dated 16 May 2019 and including the following: Plan title and reference Author Title Page (0)01 Fearon Hay Architects Limited - 16th May 2019 Existing Site Plan (0)11 Fearon Hay Architects Limited - 16th May 2019 Proposed Site Plan (0)12 Fearon Hay Architects Limited - 16th May 2019 Earthworks Plan (0)13 Fearon Hay Architects Limited - 16th May 2019 Average Ground Level Calculation (0)14 Fearon Hay Architects Limited - 16th May 2019 Proposed Building Coverage (0)15 Fearon Hay Architects Limited - 16th May 2019 Ground Floor Reference Plan (1)01 Fearon Hay Architects Limited - 16th May 2019 First Floor Reference Plan (1)02 Fearon Hay Architects Limited - 16th May 2019 Roof Plan (1)21 Fearon Hay Architects Limited - 16th May 2019 North Elevation (2)01 Fearon Hay Architects Limited - 16th May 2019 East Elevation (2)02 Fearon Hay Architects Limited - 16th May 2019 South Elevation (2)03 Fearon Hay Architects Limited - 16th May 2019 West Elevation (2)04 Fearon Hay Architects Limited - 16th May 2019 Page 2 of 39 Rev Dated Section A (2)11 Fearon Hay Architects Limited - 16th May 2019 Section B (2)12 Fearon Hay Architects Limited - 16th May 2019 Section C (2)13 Fearon Hay Architects Limited - 16th May 2019 Section D (2)14 Fearon Hay Architects Limited - 16th May 2019 Report title and reference Author Rev Dated 70 Stanley Point Road, Auckland: Dave Pearson Heritage Impact Assessment, Job Architects number 1107 - May 2016 Preliminary demolition works report for James Biscaldi Senior the residential building at 70 Stanley Building Surveyor for and on behalf of Point Road, Stanley Point, Auckland Veron building Consultants Ltd. - March 2016 Condition survey of the external Barry Gill Register envelope for 70 Stanley Point Road, Building Surveyor for and on behalf of Stanley Point Veron Building Consultants Building Consultants Ltd - March 2016 70 Stanley Point Road, Stanley Point, DPA Architects Auckland: Heritage Assessment Revised March 2016 December 2015 revised 2016 Proposed House Demolition 70 Bridget Gilbert Stanley Point Road, Stanley Point, landscape Architecture Auckland: Landscape Report And memorandum regarding removals dated 15 July 2016 April 2016 tree Architect’s Statement, Spencer Home, Lawrence Sumich 70 Stanley Point Road - - 70 Stanley Point Road, Stanley Point: GWE Consulting Ltd Geotechnical Investigation Report for Proposed Residential Development for Tokoeka Properties Ltd FINAL March 2016 And letter REL s92 STANLEY POINT ROAD< DEVONPORT (#70, 76, 78, 80 & 82) – LF – 2142880 dated 15 June 2016 Page 3 of 39 Visual Assessment of Coastal Cliffs at Ormiston Associated 70, 76, 80, 90 and 92 Stanley Point Ltd Road, Stanley Point 11 March 2016 70 Stanley Point Road, Devonport GWE Consulting ltd Infrastructure Report – Water, Wastewater & Stormwater Tokoeka Properties Ltd REV 2 6/4/16 RE: 70 Stanley Point Road, Stanley The Tree Consultancy Point Arboricultural Assessment on Company Proposed Dwelling Construction - 6 July 2016 - May 2016 And correction dated 6/7/2016. 70 Stanley Point Road, Auckland; Dave Pearson Heritage Impact Assessment; Job Architects Number 1107 Plan title and reference Author Rev Site Plan – Proposed Stormwater; GWE Consulting Drawing No: GWE – 3; Sheet 3 of 3 Ltd Dated 9 June 2016 Site Plan : New House For Berridge Sumich Chaplin And Olivia Spencer – 70 Stanley Point Rd, Stanley Point; 6378 – 1f F – building February limitation line 2016 added to drawings (Tree Location Plan) Site Plan: New Sumich Chaplin House For Berridge And Olivia Spencer – 70 Stanley Point Rd, Stanley Point; 6378 – 1e Annotated T1 – February 15 showing 2016 location of protected trees on site (Ground Floor Plan) New House For Sumich Chaplin Berridge And Olivia Spencer – 70 Stanley Point Rd, Stanley Point; 6378 – 2d D – resource consent (First Floor) New House For Berridge Sumich Chaplin And Olivia Spencer – 70 Stanley Point Rd, Stanley Point; 6378 – 3d D - for resource February consent 2016 (East Elevastions) New House For Sumich Chaplin Berridge And Olivia Spencer – 70 Stanley Point Rd, Stanley Point; 6378 – 4d D – resource consent for February 2016 (North Elevation) New House For Sumich Chaplin Berridge And Olivia Spencer – 70 Stanley Point Rd, Stanley Point; 6378 – 5d D – resource consent for February 2016 (west elevation) New House For Sumich Chaplin Berridge And Olivia Spencer – 70 Stanley Point Rd, Stanley Point; 6378 – 6d D – resource consent for February 2016 (south elevation) New House For Sumich Chaplin Berridge And Olivia Spencer – 70 D - for resource February consent 2016 Page 4 of 39 for February 2016 Stanley Point Rd, Stanley Point; 6378 -7d (section through new driveway Sumich Chaplin showing gradients) New House For Berridge And Olivia Spencer – 70 Stanley Point Rd, Stanley Point; 6378 – 8d D - for resource February consent 2016 Site Plan (Average ground level): New Sumich Chaplin House For Berridge And Olivia Spencer – 70 Stanley Point Rd, Stanley Point; 6378 – 9d D - for resource February consent 2016 Site Coverage: New House For Sumich Chaplin Berridge And Olivia Spencer – 70 Stanley Point Rd, Stanley Point; 6378 – 11d D – resource consent (Building A, B and C): New House For Sumich Chaplin Berridge And Olivia Spencer – 70 Stanley Point Rd, Stanley Point; 6378 – Appendix A – Mean Ground Level Compliance A – RC clarification for mean ground height (Section 17 and Building to unpaved Sumich Chaplin terrace threshold detail) New House For Berridge And Olivia Spencer – 70 Stanley Point Rd, Stanley Point; 6378 – Appendix B – Mean Ground Level Compliance A – RC clarification for mean ground height Landscape Plan - New House For Sumich Chaplin Berridge And Olivia Spencer – 70 Stanley Point Rd, Stanley Point; 6378 – 10d D - for resource February consent 2016 for February 2016 Changes to Condition 9 Structural design – geotechnical Construction design is to be carried out by a suitably qualified and registered Chartered Professional Engineer familiar with the Geotechnical Reports compiled by Ormiston Associates Ltd dated 11 March 2016 and referenced 3929 and GWE Consulting Ltd dated 23 March 2016 and 20th June 2019. Changes to Condition 13 Titles to be amalgamated Prior to works starting on site the applicant shall provide to Team Leader Northern Monitoring a letter from Land Information New Zealand confirming that the sites being: 70 Stanley Point Road – Lot 1 DP 16721, Lot 2 DP 16721 and Lot 3 DP 1672 and 76 Stanley Point Road - Lot 6 DP 16721, 78 Stanley Point Road – Lot 7 DP 16721, 80 Stanley Point Road – Lot 8 DP 25872, 82 Stanley Point Road - Lot 13 DP 16607 have been amalgamated onto one certificate of title or Page 5 of 39 alternatively an encumbrance or covenant has been registered on the affected titles to hold them together. Changes to Condition 23 Earthworks All earthworks shall be carried out in accordance with the approved plans, Section 9 of the North Shore Section of the Auckland District Plan and must take full account of the Geotechnical Reports compiled by Ormiston Associates Ltd and GWE Consulting Ltd dated 11 March 2016 and referenced 3929 and GWE Consulting Ltd dated 23 March 2016 and 20th June 2019. Changes to Condition 24 Geotechnical supervision A suitably qualified geotechnical engineer familiar with the Geotechnical Investigation Reports prepared by Ormiston Associates Ltd dated 11 March 2016 and referenced 3929 and GWE Consulting Ltd dated 23 March 2016 and 20th June 2019 is to: • • • • • Supervise earthworks including the temporary protection of cut faces where required and the placement of all fill; Endorse retaining wall construction; Observe and endorse pavement and building subgrades; Observe foundations excavations and endorse foundation depths; and Confirm that all geotechnical recommendations made within the referenced geotechnical documentation in addition to any that may come to light during the construction process have been followed to the satisfaction of the inspecting geotechnical engineer. Changes to Condition 31 Finishes The dwelling shall be finished with the following materials and colours outlined on the plans prepared by Fearon Hay Architects Ltd titled ‘Stanley Point Residence 70 Stanley Point Road, Stanley Point, Auckland 0624’ and dated 16 May 2019. • • • • • • Plaster Paint Finish – Porters Farmer Grey Rusticated Weather Boards Dark Stained Steel Painted with Porters Micaeous (Black/ Grey colour) Zinc Tiles (Colour Anthra Zinc) Selected Brickwork Heritage Type Brick Steel Window Door Joinery, Painted with Porters Micaeuous (Black /Grey colour) Any change to the colours outlined above shall be complementary to the natural surrounding environment and to the satisfaction of the Team Leader Resource Consents. Page 6 of 39 Recommendation I recommend, under sections 127, 104, 104B, and Part 2 of the RMA, that this variation application is GRANTED. Decision I have read the application, supporting documents, and the report and recommendations on the application for variation. I am satisfied that I have sufficient information to consider the matters required by the RMA and make a decision under delegated authority on the application. Acting under delegated authority, under sections 127, 104, 104B, and Part 2 of the RMA, the application for variation to conditions of a resource consent is GRANTED. Reasons The reasons for this decision are: 1. The proposal is appropriately considered under s127 as the changes will not result in a fundamentally different activity or materially different effects. 2. In accordance with an assessment under s104(1)(a)-(ab) and s127(3) of the RMA, the actual and potential effects from the variation will be acceptable as: 3. a. The new proposal is for a somewhat reduced scale of residential development and will not result in a density of development that is inconsistent with the area of land or the underlying subdivision pattern. b. The required earthworks will be less than originally consented, and suitable erosion and sediment control measures will remain in place during earthworks. c. The proposed new design of the dwelling will also integrate in to the landform and underlying subdivision pattern including by retaining the separation of built form between main dwelling, and pool house, the use of low impact structures including courtyard outdoor living spaces and the use of a green roof over the garage/laundry attached to the dwelling and will use similar recessive materials and colours. d. With reference to s104(1)(ab), there are no specific offsetting or environmental compensation measures proposed or agreed to by the applicant to ensure positive effects on the environment. In accordance with an assessment under s104(1)(b) and s127(3) of the RMA, the variation is consistent with the relevant statutory documents. In particular: H3.2 Objectives and H3.3 Policies for the Single House Zone: The amended dwelling design is in keeping with the amenity values in the established residential neighbourhood in the Stanley Point peninsula. The proposed dwelling will be two storeys and complies with the maximum 8m height requirements within this residential zone. The entire site is surrounded by grass and has partially been re-planted, with more planting to occur within the SEA and along the property boundaries. In combination with the height and bulk compliance and sufficient landscaped areas surrounding the dwelling. The Page 7 of 39 proposed dwelling will be in keeping with the surrounding and planned suburban character and a spacious setting will be maintained. The site is accessed via a long driveway and cannot be seen from the road, therefore there will be no changes to the interface the site has with the street. 4. In accordance with an assessment under s104(1)(c) and s127(3) of the RMA, no other matters are considered relevant. 5. In the context of this variation application, where the objectives and policies of the relevant statutory documents were prepared having regard to Part 2 of the RMA, they capture all relevant planning considerations and contain a coherent set of policies designed to achieve clear environmental outcomes. They also provide a clear framework for assessing all relevant potential effects and there is no need to go beyond these provisions and look to Part 2 in making this decision as an assessment against Part 2 would not add anything to the evaluative exercise. 6. Overall the proposal is a Discretionary activity for varying consent conditions for a new dwelling design at the subject site. The re-designed dwelling is considered to be within scope of the original consent which was for a new dwelling, associated earthworks and vegetation removal in the SEA. The vegetation alteration/removal has already occurred and the proposed earthworks for the new dwelling are less than what was originally proposed. Conditions 1. Under sections 108 and 108AA of the RMA, this variation is subject to the following amendments to existing conditions: The dwelling activity 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 LF 2142880 and LUC60029777-A. a. Application Form, and Assessment of Environmental Effects prepared by Isle Lands Ltd, dated 21 April 2016, updated 23 May 2016, and July 2016 and the s127 Application to change consent conditions for dwelling 70 and 76 Stanley Point Road, Stanley Point dated June 2019. b. Section 88 response letter dated 23 May 2016 prepared by Isle Lands Ltd. c. Section 92 response letter dated 18 July 2016 70 Stanley Point Road, Stanley Point, Council Reference No: LF – 214880 Section 92 Response (Final) prepared by Isle Lands Ltd. Except as amended by the following plans and information: d. ‘Addendum Geotechnical Letter for Dwelling, Garages and Swimming Pool at 70 Stanley Point Road, Stanley Point’ prepared by GWE Consulting Ltd. and dated June 2019; e. Plans prepared by Fearon Hay Architects Ltd. titled ‘Stanley Point Residence. 70 Stanley Point Road, Stanley Point, Auckland 0624’ dated 16 May 2019 and including the following: Page 8 of 39 Plan title and reference Author Title Page (0)01 Fearon Hay Architects Limited - 16th May 2019 Existing Site Plan (0)11 Fearon Hay Architects Limited - 16th May 2019 Proposed Site Plan (0)12 Fearon Hay Architects Limited - 16th May 2019 Earthworks Plan (0)13 Fearon Hay Architects Limited - 16th May 2019 Average Ground Level Calculation (0)14 Fearon Hay Architects Limited - 16th May 2019 Proposed Building Coverage (0)15 Fearon Hay Architects Limited - 16th May 2019 Ground Floor Reference Plan (1)01 Fearon Hay Architects Limited - 16th May 2019 First Floor Reference Plan (1)02 Fearon Hay Architects Limited - 16th May 2019 Roof Plan (1)21 Fearon Hay Architects Limited - 16th May 2019 North Elevation (2)01 Fearon Hay Architects Limited - 16th May 2019 East Elevation (2)02 Fearon Hay Architects Limited - 16th May 2019 South Elevation (2)03 Fearon Hay Architects Limited - 16th May 2019 West Elevation (2)04 Fearon Hay Architects Limited - 16th May 2019 Section A (2)11 Fearon Hay Architects Limited - 16th May 2019 Section B (2)12 Fearon Hay Architects Limited - 16th May 2019 Section C (2)13 Fearon Hay Architects Limited - 16th May 2019 Section D (2)14 Fearon Hay Architects Limited - 16th May 2019 Page 9 of 39 Rev Dated Plan title and reference Author Rev Dated (Tree Location Plan) Site Plan: New Sumich Chaplin House For Berridge And Olivia Spencer – 70 Stanley Point Rd, Stanley Point; 6378 – 1e Annotated T1 – February 15 showing 2016 location of protected trees on site Site Coverage: New House For Sumich Chaplin Berridge And Olivia Spencer – 70 Stanley Point Rd, Stanley Point; 6378 – 11d D – resource consent Landscape Plan - New House For Sumich Chaplin Berridge And Olivia Spencer – 70 Stanley Point Rd, Stanley Point; 6378 – 10d D - for resource February consent 2016 Report title and reference Author for February 2016 Rev Dated 70 Stanley Point Road, Auckland: Dave Pearson Heritage Impact Assessment, Job Architects number 1107 - May 2016 Preliminary demolition works report for James Biscaldi Senior the residential building at 70 Stanley Building Surveyor for and on behalf of Point Road, Stanley Point, Auckland Veron building Consultants Ltd. - March 2016 Condition survey of the external Barry Gill Register envelope for 70 Stanley Point Road, Building Surveyor for and on behalf of Stanley Point Veron Building Consultants Building Consultants Ltd - March 2016 70 Stanley Point Road, Stanley Point, DPA Architects Auckland: Heritage Assessment Revised March 2016 December 2015 revised 2016 Proposed House Demolition 70 Bridget Gilbert Stanley Point Road, Stanley Point, landscape Architecture Auckland: Landscape Report And memorandum regarding removals dated 15 July 2016 April 2016 tree Architect’s Statement, Spencer Home, Lawrence Sumich 70 Stanley Point Road - - 70 Stanley Point Road, Stanley Point: GWE Consulting Ltd Geotechnical Investigation Report for Proposed Residential Development for Tokoeka Properties Ltd FINAL March 2016 Page 10 of 39 And letter REL s92 STANLEY POINT ROAD< DEVONPORT (#70, 76, 78, 80 & 82) – LF – 2142880 dated 15 June 2016 Visual Assessment of Coastal Cliffs at Ormiston Associated 70, 76, 80, 90 and 92 Stanley Point Ltd Road, Stanley Point 11 March 2016 70 Stanley Point Road, Devonport GWE Consulting ltd Infrastructure Report – Water, Wastewater & Stormwater Tokoeka Properties Ltd REV 2 6/4/16 RE: 70 Stanley Point Road, Stanley The Tree Consultancy Point Arboricultural Assessment on Company Proposed Dwelling Construction - 6 July 2016 - May 2016 And correction dated 6/7/2016. 70 Stanley Point Road, Auckland; Dave Pearson Heritage Impact Assessment; Job Architects Number 1107 Lapse 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. Monitoring 3. The consent holder shall pay the council an initial consent compliance monitoring charge of $600 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. Stormwater drainage 4. The consent holder shall provide a stormwater drainage and on-site stormwater management system and this system must connect into the existing stormwater outfall servicing the lot. 5. The stormwater system design shall make adequate provision for the drainage of surface water, including from existing or proposed public or private carriageways. Page 11 of 39 Modifications to the public drainage networks 6. No work on or modifications to the public stormwater or wastewater network is to be carried out unless it is part of a Council approved Engineering Approval Application. The consent holder shall provide complete engineering drawings, accompanied by a design certificate in the form of Schedule 1A of NZS4404:2010, detailing all proposed new or altered public assets including stormwater, wastewater, water supply services and any works affecting the public road carriageway or berm. Details of proposed silt detention measures shall be shown. These drawings shall be submitted to the Development Engineering Team for Engineering Approval and written approval received before commencement of works. Design of the works shall be in accordance with the Auckland Council Code of Practice for Land Development and Subdivision. 7. At the future Engineering Approval stage, detailed engineering plans for any proposed work affecting the public wastewater network (and water supply) shall be submitted to the Council Controlled Organisation Watercare Services ltd (WSL) for a compliance review against Council’s relevant engineering standards. Encapsulation of non-biodegradable lawn materials 8. The polyrock fill used within the lawn area is to be encapsulated within a geotextile (or other) lining to ensure that the polyrock does not assimilate into (and contaminate) the surrounding subsoils and preclude any potential removal of this fill product if so desired. Structural design – geotechnical 9. Construction design is to be carried out by a suitably qualified and registered Chartered Professional Engineer familiar with the Geotechnical Reports compiled by Ormiston Associates Ltd and GWE Consulting Ltd dated 20th June 2019. Sediment and erosion control 10. Prior to the commencement of earthworks activity, all required erosion and sediment control measures on the subject site shall be constructed and carried out to the satisfaction of the Team Leader Northern Monitoring. Notification that earthworks will begin 11. Team Leader Northern Monitoring shall be notified at least two (2) working days prior to earthwork activities commencing on the subject site. Advice note: the above condition requires the consent holder to notify Council of their intention to begin earthworks a minimum of two working days prior to commencement. Please contact Team Leader Northern Monitoring on Takapuna.RCCompliance@aucklandcouncil.govt.nz and/or 09 484 8041 to advise of the start of works. Landscape planting and management plan 12. A landscape planting and management plan (with supporting specifications) shall be prepared and submitted to the Team Leader Northern Monitoring for approval prior to construction commencing. The landscape planting and management plan shall contain: Page 12 of 39 • • • • • • • • • Planting location of at least 5, minimum 150L, pohutukawa as shown on the plan 6378 – 10D; Planting location of at least 7, minimum 45L, native trees; A plan of the planted area detailing the proposed plant species, plant sourcing, plant sizes at time of planting, plant locations, density of planting, and timing of planting; A programme of establishment and post establishment protection and maintenance (fertilising, weed removal/spraying, replacement of dead/poorly performing plants, watering to maintain soil moisture, length of maintenance programme; The extent, materiality and finished levels of paving; The location, materiality, height and design of fencing and retaining walls; The details of drainage, soil preparation, tree pits, staking, irrigation; The construction details of all hard landscape elements (paving, fencing, gates, lighting etc); and An irrigation system; and These plans shall be supported by specifications that describe in a written form the more specific technical landscape matters such as quality of materials. Titles to be amalgamated 13. Prior to works starting on site the applicant shall provide to Team Leader Northern Monitoring a letter from Land Information New Zealand confirming that the sites being: 70 Stanley Point Road – Lot 1 DP 16721, Lot 2 DP 16721 and Lot 3 DP 1672 and 76 Stanley Point Road - Lot 6 DP 16721 have been amalgamated onto one certificate of title or alternatively an encumbrance or covenant has been registered on the affected titles to hold them together. Arboriculture conditions 14. All works associated with the demolition and construction works at 70 Stanley Point Road, Stanley Point are to be conducted in accordance with the arborist report by Sean McBride of The Tree Consultancy Company dated 6 July 2016 and in particular Section 3.0 ‘Tree Protection Methodology’ of that report. 15. The consent holder shall employ an arborist (appointed arborist) to monitor, direct and supervise all works within the dripline of all protected vegetation for the duration of the works. 16. Prior to works commencing there shall be a pre-commencement meeting on site for each stage of development with the consent holder, the project manager/site foreman, the author of the arboricultural report submitted with the application and the consent holder’s appointed monitoring arborist. This meeting shall discuss the proposed work, how it is to be done, conditions of consent, tree protection, protective fencing requirements and installation. 17. The pre–commencement meeting may also be attended by Team Leader Northern Monitoring (Phone: 09 379 2020). The consent holder shall give the monitoring officer at least 5 working days prior notice of the intended date of the meeting. If the Team Leader Northern Monitoring is not able to attend the pre-commencement meeting, a copy of the notes from the precommencement meeting, including a list of attendees, shall be forwarded to Team Leader Northern Monitoring on the day of the meeting (fax 353 9186). Page 13 of 39 18. The consent holder shall ensure that all contractors, sub-contractors and work site supervisory staff who are carrying out any works within the dripline of any protected vegetation covered by this consent are advised of the conditions of consent and act in accordance with the conditions. A copy of the conditions of consent shall be available at all times on the work site. Vehicle crossing 19. Detailed design of the vehicle crossing that provides access to the eastern ‘end’ of the site shall be provided to the Auckland Council Arborist for certification before construction is carried out. This shall include a memorandum report provided by an independent arborist entailing an assessment of potential effects upon the street trees in this location and a suitable tree protection methodology. If this vehicle crossing cannot be achieved within less than minor adverse effects upon any street trees and approval from the Auckland Council Arborist cannot be obtained, the proposed vehicle crossing shall be abandoned and the existing vehicle crossing utilised. DURING SITE WORKS Erosion and sediment control 20. All earthworks shall be managed to ensure that no debris, soil, silt, sediment or sediment-laden water is discharged from the subject site either to land, stormwater drainage systems, watercourses or receiving waters. In the event that a discharge occurs, works shall cease immediately and the discharge shall be mitigated and/or rectified to the satisfaction of the Team Leader Northern Monitoring. Advice note: in accordance with the above Condition, all earthworks is to be undertaken to ensure that all potential sediment discharges are appropriately managed. Such means and measures may include: • Private catchpit/drain protection • Freshwater run-off diversions • silt fences and moveable filter socks. In no circumstances should the washing of deposited materials into drains be advised or otherwise condoned. 21. The operational effectiveness and efficiency of all erosion and sediment control measures specifically required as a condition of resource consent shall be maintained throughout the duration of earthworks activity, or until the site is permanently stabilised against erosion. Protection of underlying drainage assets 22. During the development of site excavation methodologies and during the excavation process, full account is to be taken of the location and depth of all underlying public drainage assets so that the integrity of the drainage infrastructure is not compromised at any point. In the event that damage is sustained to any underlying drain, Team Leader Northern Monitoring shall be notified immediately or in the case of a damaged wastewater asset, notification should be to Watercare Services Ltd. Any damage is to be immediately rectified to the satisfaction of Council and at the consent holder’s expense. Page 14 of 39 Earthworks 23. All earthworks shall be carried out in accordance with the approved plans, Section 9 of the North Shore Section of the Auckland District Plan and must take full account of the Geotechnical Reports compiled by Ormiston Associates Ltd dated 11 March 2016 and referenced 3929 and GWE Consulting Ltd dated 23 March 2016 and 20th June 2019. Geotechnical supervision 24. A suitably qualified geotechnical engineer familiar with the Geotechnical Investigation Reports prepared by Ormiston Associates Ltd dated 11 March 2016 and referenced 3929 and GWE Consulting Ltd dated 23 March 2016 and 20th June 2019 is to: • • • • • Supervise earthworks including the temporary protection of cut faces where required and the placement of all fill; Endorse retaining wall construction; Observe and endorse pavement and building subgrades; Observe foundations excavations and endorse foundation depths; and Confirm that all geotechnical recommendations made within the referenced geotechnical documentation in addition to any that may come to light during the construction process have been followed to the satisfaction of the inspecting geotechnical engineer. Stability of the site/neighbouring sites 25. All earthworks shall be managed to ensure that they do not lead to any uncontrolled instability or collapse affecting either the site or adversely affecting any neighbouring properties. In the event that such collapse or instability does occur, it shall immediately be rectified. Maintain access to site 26. There shall be no obstruction of access to public footpaths, berms, private properties, public services/utilities, or public reserves resulting from the earthworks activity. All materials and equipment shall be stored within the subject site’s boundaries. Prevent damage to assets or property 27. There shall be no damage to public roads, footpaths, berms, kerbs, drains, reserves or other public asset as a result of the earthworks activity. In the event that such damage does occur, the Team Leader Northern Monitoring will be notified within 24 hours of its discovery. The costs of rectifying such damage and restoring the asset to its original condition will be met by the consent holder. Paving of parking and access 28. All parking spaces, access-ways and manoeuvring areas shall be formed, drained and finished with an all-weather dust-free surface, in accordance with the Council stamped, approved plans. This shall be to the satisfaction of the Council’s Northern Monitoring Inspector and be completed prior to occupation of the dwelling / commencement of the activity. 29. There shall be no deposition of earth, mud, dirt or other debris on any public road or footpath resulting from earthworks activity on the subject site. In the event that such deposition does occur, it shall immediately be removed. In no instance shall roads or footpaths be washed down Page 15 of 39 with water without appropriate erosion and sediment control measures in place to prevent contamination of the stormwater drainage system, watercourses or receiving waters. POST DEVELOPMENT Removal of erosion and sediment controls 30. Notice shall be provided to Team Leader Northern Monitoring, at least two (2) working days prior to the removal of any erosion and sediment control works specifically required as a condition of resource consent. Finishes 31. The dwelling shall be finished with the following materials and colours outlined on the plans prepared by Fearon Hay Architects Ltd titled ‘Stanley Point Residence 70 Stanley Point Road, Stanley Point, Auckland 0624’ and dated 16 May 2019. 32. Before the end of the next planting season (May to September) following the certification of the Landscape Planting and Management Plan, planting comprising not less than: • • 33. Five minimum size 150L pohutukawa as shown on the plan 6378 – 10D; and Seven minimum size 45L other native trees. Planting referred to in condition 32 shall be fully implemented in accordance with the certified Landscape Planting and Management Plan and shall be maintained for the duration of the life of the consented building to the satisfaction of the Team Leader Northern Monitoring. Advice notes 1. 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 specified. 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 www.aucklandcouncil.govt.nz. 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: www.mfe.govt.nz. 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 357B 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 in Employment Act 1992), 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. Page 16 of 39 6. Any building built before 2000 has a high probability of containing asbestos containing materials (ACM). If you are demolishing any building you are advised to carry out an Asbestos Inspection of the premises as a minimum. Buildings Constructed after this time are less likely to contain asbestos but there are no requirements to prohibit the use even after this time. a) You have obligations under the relevant regulations for the management and removal of asbestos, including the need to engage an appropriately qualified surveyor to confirm the presence or absence of any ACM. b) If any ACM is found, removal or demolition will have to meet the Health and Safety at Work (Asbestos) Regulations 2016. Any restricted works on asbestos containing material will require the direct management of a person holding a WorkSafe NZ Certificate of Competence (CoC). c) Information on asbestos containing materials and your obligations can be found at www.worksafe.govt.nz. If ACM is found on site following the demolition or removal of the existing buildings you will likely be required to remediate the site and do validation sampling. Dependent on the mount of soil disturbance a further consent application may be required. Information on the Property File and LIM may be affected by uncontrolled contamination of the site. 7. A copy of the consolidated set of conditions of consent as amended is included as attachment 1 to this section 127 decision. 8. The consent holder is reminded that the decision on this section 127 application does not affect the lapse period for the resource consent. 9. This decision is to be read in conjunction with any other relevant approved resource consent(s) and does not negate the consent holder’s requirement to continue to comply with the conditions of any previously granted resource consent(s) that have been implemented. Delegated decision maker: Name: Nick McCool Title: Team Leader, Resource Consents Signed: Date: Page 17 of 39 08/08/2019 Attachment 1: Consolidated conditions of consent as amended Conditions 1. Under sections 108 and 108AA of the RMA, this variation is subject to the following amendments to existing conditions: The dwelling activity 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 LF 2142880 and LUC60029777-A. a. Application Form, and Assessment of Environmental Effects prepared by Isle Lands Ltd, dated 21 April 2016, updated 23 May 2016, and July 2016 and the s127 Application to change consent conditions for dwelling 70 and 76 Stanley Point Road, Stanley Point dated June 2019. b. Section 88 response letter dated 23 May 2016 prepared by Isle Lands Ltd. c. Section 92 response letter dated 18 July 2016 70 Stanley Point Road, Stanley Point, Council Reference No: LF – 214880 Section 92 Response (Final) prepared by Isle Lands Ltd. Except as amended by the following plans and information: d. ‘Addendum Geotechnical Letter for Dwelling, Garages and Swimming Pool at 70 Stanley Point Road, Stanley Point’ prepared by GWE Consulting Ltd. and dated June 2019; e. Plans prepared by Fearon Hay Architects Ltd. titled ‘Stanley Point Residence. 70 Stanley Point Road, Stanley Point, Auckland 0624’ dated 16 May 2019 and including the following: Plan title and reference Author Title Page (0)01 Fearon Hay Architects Limited - 16th May 2019 Existing Site Plan (0)11 Fearon Hay Architects Limited - 16th May 2019 Proposed Site Plan (0)12 Fearon Hay Architects Limited - 16th May 2019 Earthworks Plan (0)13 Fearon Hay Architects Limited - 16th May 2019 Average Ground Level Calculation (0)14 Fearon Hay Architects Limited - 16th May 2019 Proposed Building Coverage (0)15 Fearon Hay Architects Limited - 16th May 2019 Page 1 of 39 Variation application number Rev 8 August 2019 Dated RC 6.3.12 V2 Ground Floor Reference Plan (1)01 Fearon Hay Architects Limited - 16th May 2019 First Floor Reference Plan (1)02 Fearon Hay Architects Limited - 16th May 2019 Roof Plan (1)21 Fearon Hay Architects Limited - 16th May 2019 North Elevation (2)01 Fearon Hay Architects Limited - 16th May 2019 East Elevation (2)02 Fearon Hay Architects Limited - 16th May 2019 South Elevation (2)03 Fearon Hay Architects Limited - 16th May 2019 West Elevation (2)04 Fearon Hay Architects Limited - 16th May 2019 Section A (2)11 Fearon Hay Architects Limited - 16th May 2019 Section B (2)12 Fearon Hay Architects Limited - 16th May 2019 Section C (2)13 Fearon Hay Architects Limited - 16th May 2019 Section D (2)14 Fearon Hay Architects Limited - 16th May 2019 Plan title and reference Author Rev Dated (Tree Location Plan) Site Plan: New Sumich Chaplin House For Berridge And Olivia Spencer – 70 Stanley Point Rd, Stanley Point; 6378 – 1e Annotated T1 – February 15 showing 2016 location of protected trees on site Site Coverage: New House For Sumich Chaplin Berridge And Olivia Spencer – 70 Stanley Point Rd, Stanley Point; 6378 – 11d D – resource consent Landscape Plan - New House For Sumich Chaplin Berridge And Olivia Spencer – 70 Stanley Point Rd, Stanley Point; 6378 – 10d D - for resource February consent 2016 Page 2 of 39 Variation application number 8 August 2019 for February 2016 RC 6.3.12 V2 Report title and reference Author Rev Dated 70 Stanley Point Road, Auckland: Dave Pearson Heritage Impact Assessment, Job Architects number 1107 - May 2016 Preliminary demolition works report for James Biscaldi Senior the residential building at 70 Stanley Building Surveyor for and on behalf of Point Road, Stanley Point, Auckland Veron building Consultants Ltd. - March 2016 Condition survey of the external Barry Gill Register envelope for 70 Stanley Point Road, Building Surveyor for and on behalf of Stanley Point Veron Building Consultants Building Consultants Ltd - March 2016 70 Stanley Point Road, Stanley Point, DPA Architects Auckland: Heritage Assessment Revised March 2016 December 2015 revised 2016 Proposed House Demolition 70 Bridget Gilbert Stanley Point Road, Stanley Point, landscape Architecture Auckland: Landscape Report And memorandum regarding removals dated 15 July 2016 April 2016 tree Architect’s Statement, Spencer Home, Lawrence Sumich 70 Stanley Point Road - - 70 Stanley Point Road, Stanley Point: GWE Consulting Ltd Geotechnical Investigation Report for Proposed Residential Development for Tokoeka Properties Ltd FINAL March 2016 And letter REL s92 STANLEY POINT ROAD< DEVONPORT (#70, 76, 78, 80 & 82) – LF – 2142880 dated 15 June 2016 Visual Assessment of Coastal Cliffs at Ormiston Associated 70, 76, 80, 90 and 92 Stanley Point Ltd Road, Stanley Point 11 March 2016 70 Stanley Point Road, Devonport GWE Consulting ltd Infrastructure Report – Water, Wastewater & Stormwater Tokoeka Properties Ltd REV 2 6/4/16 RE: 70 Stanley Point Road, Stanley The Tree Consultancy Point Arboricultural Assessment on Company Proposed Dwelling Construction - 6 July 2016 - May 2016 And correction dated 6/7/2016. 70 Stanley Point Road, Auckland; Dave Pearson Heritage Impact Assessment; Job Architects Number 1107 Page 3 of 39 Variation application number 8 August 2019 RC 6.3.12 V2 Lapse 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. Monitoring 3. The consent holder shall pay the council an initial consent compliance monitoring charge of $600 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. Stormwater drainage 4. The consent holder shall provide a stormwater drainage and on-site stormwater management system and this system must connect into the existing stormwater outfall servicing the lot. 5. The stormwater system design shall make adequate provision for the drainage of surface water, including from existing or proposed public or private carriageways. Modifications to the public drainage networks 6. No work on or modifications to the public stormwater or wastewater network is to be carried out unless it is part of a Council approved Engineering Approval Application. The consent holder shall provide complete engineering drawings, accompanied by a design certificate in the form of Schedule 1A of NZS4404:2010, detailing all proposed new or altered public assets including stormwater, wastewater, water supply services and any works affecting the public road carriageway or berm. Details of proposed silt detention measures shall be shown. These drawings shall be submitted to the Development Engineering Team for Engineering Approval and written approval received before commencement of works. Design of the works shall be in accordance with the Auckland Council Code of Practice for Land Development and Subdivision. 7. At the future Engineering Approval stage, detailed engineering plans for any proposed work affecting the public wastewater network (and water supply) shall be submitted to the Council Controlled Organisation Watercare Services ltd (WSL) for a compliance review against Council’s relevant engineering standards. Encapsulation of non-biodegradable lawn materials 8. The polyrock fill used within the lawn area is to be encapsulated within a geotextile (or other) lining to ensure that the polyrock does not assimilate into (and contaminate) the surrounding subsoils and preclude any potential removal of this fill product if so desired. Page 4 of 39 Variation application number 8 August 2019 RC 6.3.12 V2 Structural design – geotechnical 9. Construction design is to be carried out by a suitably qualified and registered Chartered Professional Engineer familiar with the Geotechnical Reports compiled by Ormiston Associates Ltd dated 11 March 2016 and referenced 3929 and GWE Consulting Ltd dated 23 March 2016 and 20th June 2019. Sediment and erosion control 10. Prior to the commencement of earthworks activity, all required erosion and sediment control measures on the subject site shall be constructed and carried out to the satisfaction of the Team Leader Northern Monitoring. Notification that earthworks will begin 11. Team Leader Northern Monitoring shall be notified at least two (2) working days prior to earthwork activities commencing on the subject site. Advice note: the above condition requires the consent holder to notify Council of their intention to begin earthworks a minimum of two working days prior to commencement. Please contact Team Leader Northern Monitoring on Takapuna.RCCompliance@aucklandcouncil.govt.nz and/or 09 484 8041 to advise of the start of works. Landscape planting and management plan 12. A landscape planting and management plan (with supporting specifications) shall be prepared and submitted to the Team Leader Northern Monitoring for approval prior to construction commencing. The landscape planting and management plan shall contain: • • • • • • • • • Planting location of at least 5, minimum 150L, pohutukawa as shown on the plan 6378 – 10D; Planting location of at least 7, minimum 45L, native trees; A plan of the planted area detailing the proposed plant species, plant sourcing, plant sizes at time of planting, plant locations, density of planting, and timing of planting; A programme of establishment and post establishment protection and maintenance (fertilising, weed removal/spraying, replacement of dead/poorly performing plants, watering to maintain soil moisture, length of maintenance programme; The extent, materiality and finished levels of paving; The location, materiality, height and design of fencing and retaining walls; The details of drainage, soil preparation, tree pits, staking, irrigation; The construction details of all hard landscape elements (paving, fencing, gates, lighting etc); and An irrigation system; and These plans shall be supported by specifications that describe in a written form the more specific technical landscape matters such as quality of materials. Page 5 of 39 Variation application number 8 August 2019 RC 6.3.12 V2 Titles to be amalgamated 13. Prior to works starting on site the applicant shall provide to Team Leader Northern Monitoring a letter from Land Information New Zealand confirming that the sites being: 70 Stanley Point Road – Lot 1 DP 16721, Lot 2 DP 16721 and Lot 3 DP 1672 and 76 Stanley Point Road - Lot 6 DP 16721 have been amalgamated onto one certificate of title or alternatively an encumbrance or covenant has been registered on the affected titles to hold them together. Arboriculture conditions 14. All works associated with the demolition and construction works at 70 Stanley Point Road, Stanley Point are to be conducted in accordance with the arborist report by Sean McBride of The Tree Consultancy Company dated 6 July 2016 and in particular Section 3.0 ‘Tree Protection Methodology’ of that report. 15. The consent holder shall employ an arborist (appointed arborist) to monitor, direct and supervise all works within the dripline of all protected vegetation for the duration of the works. 16. Prior to works commencing there shall be a pre-commencement meeting on site for each stage of development with the consent holder, the project manager/site foreman, the author of the arboricultural report submitted with the application and the consent holder’s appointed monitoring arborist. This meeting shall discuss the proposed work, how it is to be done, conditions of consent, tree protection, protective fencing requirements and installation. 17. The pre–commencement meeting may also be attended by Team Leader Northern Monitoring (Phone: 09 379 2020). The consent holder shall give the monitoring officer at least 5 working days prior notice of the intended date of the meeting. If the Team Leader Northern Monitoring is not able to attend the pre-commencement meeting, a copy of the notes from the precommencement meeting, including a list of attendees, shall be forwarded to Team Leader Northern Monitoring on the day of the meeting (fax 353 9186). 18. The consent holder shall ensure that all contractors, sub-contractors and work site supervisory staff who are carrying out any works within the dripline of any protected vegetation covered by this consent are advised of the conditions of consent and act in accordance with the conditions. A copy of the conditions of consent shall be available at all times on the work site. Vehicle crossing 19. Detailed design of the vehicle crossing that provides access to the eastern ‘end’ of the site shall be provided to the Auckland Council Arborist for certification before construction is carried out. This shall include a memorandum report provided by an independent arborist entailing an assessment of potential effects upon the street trees in this location and a suitable tree protection methodology. If this vehicle crossing cannot be achieved within less than minor adverse effects upon any street trees and approval from the Auckland Council Arborist cannot be obtained, the proposed vehicle crossing shall be abandoned and the existing vehicle crossing utilised. Page 6 of 39 Variation application number 8 August 2019 RC 6.3.12 V2 DURING SITE WORKS Erosion and sediment control 20. All earthworks shall be managed to ensure that no debris, soil, silt, sediment or sediment-laden water is discharged from the subject site either to land, stormwater drainage systems, watercourses or receiving waters. In the event that a discharge occurs, works shall cease immediately and the discharge shall be mitigated and/or rectified to the satisfaction of the Team Leader Northern Monitoring. Advice note: in accordance with the above Condition, all earthworks is to be undertaken to ensure that all potential sediment discharges are appropriately managed. Such means and measures may include: • Private catchpit/drain protection • Freshwater run-off diversions • silt fences and moveable filter socks. In no circumstances should the washing of deposited materials into drains be advised or otherwise condoned. 21. The operational effectiveness and efficiency of all erosion and sediment control measures specifically required as a condition of resource consent shall be maintained throughout the duration of earthworks activity, or until the site is permanently stabilised against erosion. Protection of underlying drainage assets 22. During the development of site excavation methodologies and during the excavation process, full account is to be taken of the location and depth of all underlying public drainage assets so that the integrity of the drainage infrastructure is not compromised at any point. In the event that damage is sustained to any underlying drain, Team Leader Northern Monitoring shall be notified immediately or in the case of a damaged wastewater asset, notification should be to Watercare Services Ltd. Any damage is to be immediately rectified to the satisfaction of Council and at the consent holder’s expense. Earthworks 23. All earthworks shall be carried out in accordance with the approved plans must take full account of the Geotechnical Reports compiled by Ormiston Associates Ltd and GWE Consulting Ltd dated 20th June 2019. Geotechnical supervision 24. A suitably qualified geotechnical engineer familiar with the Geotechnical Investigation Reports prepared by Ormiston Associates Ltd dated 11 March 2016 and referenced 3929 and GWE Consulting Ltd dated 23 March 2016 and 20th June 2019 is to: • • • Supervise earthworks including the temporary protection of cut faces where required and the placement of all fill; Endorse retaining wall construction; Observe and endorse pavement and building subgrades; Page 7 of 39 Variation application number 8 August 2019 RC 6.3.12 V2 • • Observe foundations excavations and endorse foundation depths; and Confirm that all geotechnical recommendations made within the referenced geotechnical documentation in addition to any that may come to light during the construction process have been followed to the satisfaction of the inspecting geotechnical engineer. Stability of the site/neighbouring sites 25. All earthworks shall be managed to ensure that they do not lead to any uncontrolled instability or collapse affecting either the site or adversely affecting any neighbouring properties. In the event that such collapse or instability does occur, it shall immediately be rectified. Maintain access to site 26. There shall be no obstruction of access to public footpaths, berms, private properties, public services/utilities, or public reserves resulting from the earthworks activity. All materials and equipment shall be stored within the subject site’s boundaries. Prevent damage to assets or property 27. There shall be no damage to public roads, footpaths, berms, kerbs, drains, reserves or other public asset as a result of the earthworks activity. In the event that such damage does occur, the Team Leader Northern Monitoring will be notified within 24 hours of its discovery. The costs of rectifying such damage and restoring the asset to its original condition will be met by the consent holder. Paving of parking and access 28. All parking spaces, access-ways and manoeuvring areas shall be formed, drained and finished with an all-weather dust-free surface, in accordance with the Council stamped, approved plans. This shall be to the satisfaction of the Council’s Northern Monitoring Inspector and be completed prior to occupation of the dwelling / commencement of the activity. 29. There shall be no deposition of earth, mud, dirt or other debris on any public road or footpath resulting from earthworks activity on the subject site. In the event that such deposition does occur, it shall immediately be removed. In no instance shall roads or footpaths be washed down with water without appropriate erosion and sediment control measures in place to prevent contamination of the stormwater drainage system, watercourses or receiving waters. POST DEVELOPMENT Removal of erosion and sediment controls 30. Notice shall be provided to Team Leader Northern Monitoring, at least two (2) working days prior to the removal of any erosion and sediment control works specifically required as a condition of resource consent. Finishes 31. The dwelling shall be finished with the materials and colours outlined on the plans prepared by Fearon Hay Architects Ltd titled ‘Stanley Point Residence 70 Stanley Point Road, Stanley Point, Auckland 0624’ and dated 16 May 2019. Page 8 of 39 Variation application number 8 August 2019 RC 6.3.12 V2 32. Before the end of the next planting season (May to September) following the certification of the Landscape Planting and Management Plan, planting comprising not less than: • • 33. Five minimum size 150L pohutukawa as shown on the plan 6378 – 10D; and Seven minimum size 45L other native trees. Planting referred to in condition 32 shall be fully implemented in accordance with the certified Landscape Planting and Management Plan and shall be maintained for the duration of the life of the consented building to the satisfaction of the Team Leader Northern Monitoring. Advice notes 1. 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 specified. 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 www.aucklandcouncil.govt.nz. 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: www.mfe.govt.nz. 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 357B 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 in Employment Act 1992), 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. 6. Any building built before 2000 has a high probability of containing asbestos containing materials (ACM). If you are demolishing any building you are advised to carry out an Asbestos Inspection of the premises as a minimum. Buildings Constructed after this time are less likely to contain asbestos but there are no requirements to prohibit the use even after this time. a) You have obligations under the relevant regulations for the management and removal of asbestos, including the need to engage an appropriately qualified surveyor to confirm the presence or absence of any ACM. b) If any ACM is found, removal or demolition will have to meet the Health and Safety at Work (Asbestos) Regulations 2016. Any restricted works on asbestos containing material will require the direct management of a person holding a WorkSafe NZ Certificate of Competence (CoC). Page 9 of 39 Variation application number 8 August 2019 RC 6.3.12 V2 c) Information on asbestos containing materials and your obligations can be found at www.worksafe.govt.nz. If ACM is found on site following the demolition or removal of the existing buildings you will likely be required to remediate the site and do validation sampling. Dependent on the mount of soil disturbance a further consent application may be required. Information on the Property File and LIM may be affected by uncontrolled contamination of the site. 7. A copy of the consolidated set of conditions of consent as amended is included as attachment 1 to this section 127 decision. 8. The consent holder is reminded that the decision on this section 127 application does not affect the lapse period for the resource consent. 9. This decision is to be read in conjunction with any other relevant approved resource consent(s) and does not negate the consent holder’s requirement to continue to comply with the conditions of any previously granted resource consent(s) that have been implemented. Page 10 of 39 Variation application number 8 August 2019 RC 6.3.12 V2