Part 1 - Palmerston North City Council

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gemconsulting (c) (d) (e) (f) To avoid, remedy or mitigate any adverse effects of providing for the efficient and effective functioning of flood protection works on the scenic, scientific, heritage, and conservation and amenity values of the Conservation and Amenity Zone. To avoid, remedy or mitigate any adverse effects of the development and construction of flood protection works on the amenity values of adjoining residential areas. To avoid, remedy or mitigate any adverse effects of flood protection works on public access to the Manawatu River and any other waterbody. To recognise the positive effects of flood protection works. Pari Reserve and ANZAC Park are visible from the right bank of the river. ANZAC Park is primarily located above the cliff but does extend down the cliff as well. Pari Reserve is located down to the river edge with the river currently eroding into the reserve. The reserve also extends away from the river up the valley between Cashmere and Waicola Drives and towards the east following the Mangaotane Stream for a short distance. Whilst the proposed works will be visible, being located down at the river level they will not substantially affect current views to the park and reserve. At present there is limited access to Pari Reserve or the lower portions of ANZAC park. Therefore views from these locations will not be disturbed by the works. The proposed rock lining will not affect the scenic, scientific, heritage, and conservation and amenity values of the Conservation and Amenity Zone. The portions of the zone where the works are to take place have been eroded away and are now part of the active river channel. The works will, in effect, reinstate land back to the Zone. The realignment of the Mangaotane Stream will see a small amount of vegetation removed from Pari Reserve. Public access will be limited to the beach and the grassy area on the right bank of the river during the construction period. Access to the left bank is currently not available. Preventing access to the right bank is unavoidable during the construction period due to potential safety issues. When the works are complete people will be able to access the river bank and the river itself in safety and without risk of the cliff collapsing on them. There will be potential for the PNCC to establish an access path along the top of the rock lining along the left bank of the river thereby linking ANZAC Park to Pari Reserve. Overall it is considered that access opportunities to the river will be greatly improved by the proposed works. The effects on residential amenity and the positive effects of flood protection works are addressed earlier in this report. 7.3.4 Water Recreation Zone Objectives and Policies The Water Recreation Zone was developed so that the PNCC can fulfil its obligations under section 31(e) of the Act in relation to the surface of water in rivers and lakes. It does not appear to apply to this proposal as the proposed works are in or on the bed of the river, however the works will also be visible at the surface. Objective and Policies The objective of this zone is to manage the effects of activities on the surface of significant rivers, lakes and streams located within Palmerston North. The policies aim to enable a wide range of recreation activities and to avoid, remedy or mitigate adverse effects of noise generated by recreational activities occurring within the zone. There is a specific policy under Rule 15.6.6.1 that also requires that noise and other environmental disturbance on adjoining residential neighbourhoods be avoided, remedied or mitigated. The main issue here appears to be noise and disturbance to residential neighbours. As stated above in this report it is expected that the considerable distance between the site and residential neighbours will mitigate potential sources of noise. Also all machinery will have mufflers installed and be in good condition. The access road will be kept in good condition to minimise truck decks or trays from banging. In addition it is expected that the existing stopbanks will offer mitigation to any nearby dwellings. Overall it is anticipated that noise and environmental disturbance from the proposed works will be minimal. 36
gemconsulting 8 RESOURCE MANAGEMENT ACT - PART II Section 6 of the Act requires that all persons exercising functions and powers under the Act shall recognise and provide for the matters of national importance listed within the section. The following are considered to be of relevance to the proposed activities: (a) (d) (e) the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development; the maintenance and enhancement of public access to and along the coastal marine area, lakes and rivers; the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga; These matters have been discussed above in this report. It is considered that while there are elements of natural character at the site this character is compromised by the poor quality of vegetation in the area and by the urban activities above the cliff. It is also considered that, given the circumstances, the development is not an inappropriate development for the site. The proposal will provide for the establishment of future public access to the left bank of the river which would otherwise not be possible due to the nature of the cliff. As discussed above, Te Motu o Poutoa is located just down steam of the subject site. An accidental discovery protocol has been developed to address any discovery of archaeological material. Section 7 requires all persons exercising functions and powers under the Act to have particular regard to certain matters. The following are of relevance to this proposal: (a) (b) (c) (f) (i) Kaitiakitanga the efficient use and development of natural and physical resources; the maintenance and enhancement of amenity values; maintenance and enhancement of the quality of the environment the protection of the habitat of trout and salmon The proposal represents the efficient use and development of natural and physical resources. The works provide for the protection of the residential land resources above the cliff and the continued protection of that land on the right bank of the river. This will allow for the land above the cliff to be further developed adding to the housing stock of the city on land that is relatively central to the City. The proposal will enhance amenity values through the provision of additional public access along the river where it could not otherwise be safely provided. The environment will be maintained and possibly enhanced through the protection of land from erosion. The habitat of trout in the river will not be affected by the proposed works. Section 8 requires those making decisions under the Act to take into account the principles of the Treaty of Waitangi. These principles have been identified by the Court of Appeal (New Zealand Maori Council Case 54/87), which are: 1. The Essential Bargain – the exchange of kawanatanga (in Article 1) for the protection of tino rangatiratanga (in Article 2) 2. The Principles of Tino Rangatiratanga and Kawanatanga – the guarantee to Iwi and Hapu of full chieftainship or authority over their lands, resources, and taonga, and therefore the control and management of tribal resources according to Maori cultural preferences, as balanced against the Crown’s right to make laws and govern. 3. The Principles of Partnership and Good Faith – The shared obligation of both Treaty partners to meet their respective commitments and to act reasonably and in good faith to one another. 37
Page 1 and 2: good earth matters gemconsulting Ma
Page 3: APPLICATION FOR RESOURCE CONSENT Se
Page 7 and 8: gemconsulting TABLE OF CONTENTS 1 I
Page 9 and 10: gemconsulting 1 INTRODUCTION The Ma
Page 11 and 12: gemconsulting Some 400 metres of th
Page 13 and 14: gemconsulting take up to 150 workin
Page 15 and 16: gemconsulting 3.3 Monitoring and Ma
Page 17 and 18: gemconsulting 5 REGULATORY FRAMEWOR
Page 19 and 20: gemconsulting beaches which specifi
Page 21 and 22: gemconsulting Flood Protection Zone
Page 23 and 24: gemconsulting 5.4 Objectives and Po
Page 25 and 26: gemconsulting The extent and nature
Page 27 and 28: gemconsulting Other sources of nois
Page 29 and 30: gemconsulting This natural characte
Page 31 and 32: gemconsulting It is considered that
Page 33 and 34: gemconsulting Policy 16.2 requires
Page 35 and 36: gemconsulting existing stop banks o
Page 37 and 38: gemconsulting Policy 8 This policy
Page 39 and 40: gemconsulting fish, will ensure tha
Page 41 and 42: gemconsulting The Attractive Commun
Page 43: gemconsulting The Mangaotane Stream
Page 47 and 48: gemconsulting the significance
Page 49: gemconsulting Appendix A LOCATION P
Page 53: FIGURE B: LOCAL PARKS, RESERVES & W
Page 57: FIGURE D: LAND HOLDINGS WHERE WORKS

Part 1 - Palmerston North City Council

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