Key Issues Report of the Porirua City Council - Environmental ...
Key Issues Report of the Porirua City Council - Environmental ...
Key Issues Report of the Porirua City Council - Environmental ...
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<strong>Key</strong> <strong>Issues</strong> <strong>Report</strong> <strong>of</strong> <strong>the</strong> <strong>Porirua</strong> <strong>City</strong><br />
<strong>Council</strong><br />
Commissioned by <strong>the</strong> <strong>Environmental</strong> Protection Authority<br />
under Section 149G(3) <strong>of</strong> <strong>the</strong> Resource Management Act<br />
1991 on <strong>the</strong> Notices <strong>of</strong> Requirement and Resource Consent<br />
applications pertaining to <strong>the</strong> Transmission Gully Project.<br />
Environment and Regulatory services<br />
1
<strong>Report</strong> Author<br />
Peer Reviewer<br />
Richard Watkins Date<br />
Principal Resource Consents Planner<br />
Adrian Ramage Date<br />
Manager Resource Consents<br />
2
Contents<br />
1. Purpose<br />
2. Scope<br />
3. Conflict<br />
4. Relevant plan provisions<br />
5. Summary <strong>of</strong> Consents<br />
6. Activity status <strong>of</strong> all proposed activities<br />
7. Permitted baseline and existing environment<br />
8. Any o<strong>the</strong>r key issues<br />
Appendices<br />
Appendix A – <strong>Porirua</strong> <strong>City</strong> District Plan Objectives and Policies<br />
Appendix B – Links to <strong>Porirua</strong> <strong>City</strong> District Plan Rural and Public Open Space Zone's<br />
Permitted Activity provisions and National Policy Statement on<br />
Electricity Transmission Objectives and Policies<br />
3
1 PURPOSE<br />
1.1 On <strong>the</strong> 15 th August 2011, <strong>the</strong> New Zealand Transport Agency (NZTA) in<br />
conjunction with <strong>Porirua</strong> <strong>City</strong> <strong>Council</strong> (PCC) and Transpower New Zealand<br />
Limited (Transpower) gave Notice's <strong>of</strong> Requirement and made associated<br />
applications for resource consent with <strong>the</strong> <strong>Environmental</strong> Protection Agency<br />
(EPA) for a proposal generally referred to as <strong>the</strong> 'Transmission Gully Project'.<br />
1.2 In accordance with Section 149G(3) <strong>of</strong> <strong>the</strong> Resource Management Act 1991<br />
(<strong>the</strong> Act), <strong>the</strong> <strong>Environmental</strong> Protection Authority has commissioned <strong>the</strong><br />
<strong>Porirua</strong> <strong>City</strong> <strong>Council</strong> to prepare a report on <strong>the</strong> key issues <strong>of</strong> <strong>the</strong> Transmission<br />
Gully Project (hereon referred to as TGP). The purpose <strong>of</strong> this report is to<br />
contextualise TGP within <strong>Porirua</strong> <strong>City</strong>'s planning framework and instruments<br />
and to identify any key issues.<br />
1.3 Various Notices <strong>of</strong> Requirement (NoR) have been given/issued as part <strong>of</strong> TGP<br />
reflecting <strong>the</strong> two requiring Authorities and <strong>the</strong> cross-boundary nature <strong>of</strong> <strong>the</strong>m.<br />
Applications for resource consent have also been made due to activities<br />
associated with <strong>the</strong> construction <strong>of</strong> <strong>the</strong> proposed roads not being permitted by<br />
<strong>the</strong> various plans that fall within <strong>the</strong> jurisdiction <strong>of</strong> <strong>the</strong> Greater Wellington<br />
Regional <strong>Council</strong>. Resource consent has also been applied for <strong>the</strong> relocation <strong>of</strong><br />
<strong>the</strong> existing transmission lines. This report is limited to those matters pertaining<br />
to NoR3 (Transmission Gully Main Alignment - TGM), NoR5 (Kenepuru Link<br />
Road), NoR7 (Whitby Link Road), NoR8 (Waitangarua Link Road) and that<br />
part <strong>of</strong> <strong>the</strong> transmission line being relocated within <strong>the</strong> <strong>Porirua</strong> <strong>City</strong> boundaries.<br />
1.4 Section 149G(3) <strong>of</strong> <strong>the</strong> Act requires <strong>the</strong> following:<br />
(3) The EPA must also commission <strong>the</strong> local authority to prepare a report on<br />
<strong>the</strong> key issues in relation to <strong>the</strong> matter that includes—<br />
(a) any relevant provisions <strong>of</strong> a national policy statement, a New Zealand<br />
coastal policy statement, a regional policy statement or proposed<br />
regional policy statement, and a plan or proposed plan; and<br />
(b) a statement on whe<strong>the</strong>r all required resource consents in relation to <strong>the</strong><br />
proposal to which <strong>the</strong> matter relates have been applied for; and<br />
(c) if applicable, <strong>the</strong> activity status <strong>of</strong> all proposed activities in relation to<br />
<strong>the</strong> matter.<br />
2 SCOPE<br />
2.1 This report identifies <strong>the</strong> key issues in relation to TGP that includes those items<br />
listed in S149G(3) (see para 1.4). As well <strong>the</strong> inclusion <strong>of</strong> those listed items <strong>the</strong><br />
EPA has requested that <strong>the</strong> <strong>Council</strong> should provide <strong>the</strong> following:<br />
"(d) confirmation <strong>of</strong> <strong>the</strong> status, and weighting if proposed, <strong>of</strong> any relevant<br />
regional policy statement, and or relevant plan; and<br />
(e) Detail <strong>of</strong> <strong>the</strong> permitted baseline and existing environment for <strong>the</strong> resource<br />
consents applied for within your jurisdiction. This will include:<br />
• The permitted base line, and details <strong>of</strong> any relevant consents held in <strong>the</strong><br />
area that form <strong>the</strong> existing environment within your authority’s<br />
jurisdiction.<br />
4
• Comment on whe<strong>the</strong>r <strong>the</strong> proposed consents applied for within your<br />
jurisdiction will affect any relevant existing consent holder's ability to<br />
implement <strong>the</strong>ir existing consents, should <strong>the</strong> proposed consents be<br />
granted.<br />
(f) Identify any "sensitive land use" in relation to any Transpower consents in<br />
your jurisdiction, as defined in <strong>the</strong> National <strong>Environmental</strong> Standards for<br />
Electricity Transmission Activities.<br />
(g) Any o<strong>the</strong>r matter which is relevant to <strong>the</strong> key issues associated with <strong>the</strong><br />
applications." 1<br />
2.2 In commissioning <strong>the</strong> report, <strong>the</strong> EPA have specified that <strong>the</strong> report should not<br />
be in <strong>the</strong> nature <strong>of</strong> a submission on TGP or advocate for a particular outcome 2 .<br />
The EPA has also specified that <strong>the</strong> report should not include a detailed<br />
assessment <strong>of</strong> <strong>the</strong> adequacy <strong>of</strong> <strong>the</strong> draft conditions 3 . This is acknowledged by<br />
<strong>the</strong> Author and <strong>the</strong> report has been prepared accordingly.<br />
2.3 It is not considered within <strong>the</strong> scope <strong>of</strong> this report, nor necessary, to summarise<br />
<strong>the</strong> proposed NoR's and resource consent and <strong>the</strong> activities that are required to<br />
be undertaken to give effect to <strong>the</strong>m should <strong>the</strong>y be confirmed/granted.<br />
Descriptions <strong>of</strong> <strong>the</strong> proposals are generally covered in <strong>the</strong> application material.<br />
3 CONFLICT<br />
3.1 In preparing this report, <strong>the</strong> author acknowledges on behalf <strong>of</strong> PCC <strong>the</strong><br />
following actual, potential or perceived conflicts <strong>of</strong> interest:<br />
• <strong>Porirua</strong> <strong>City</strong> <strong>Council</strong> is <strong>the</strong> requiring authority applying for two Notices <strong>of</strong><br />
Requirement (NoR's) being NoR7 and NoR8 for <strong>the</strong> 'The <strong>Porirua</strong> Link<br />
Roads' which are being applied for concurrently with <strong>the</strong> Notices <strong>of</strong><br />
Requirement from <strong>the</strong> New Zealand Transport Agency for <strong>the</strong> Transmission<br />
Gully Main Alignment and <strong>the</strong> Kenepuru Link Road along with associated<br />
resource consent applications to <strong>the</strong> Greater Wellington Regional <strong>Council</strong>.<br />
The <strong>Porirua</strong> <strong>City</strong> <strong>Council</strong>'s Environment & Regulatory Services Group is<br />
responsible for <strong>the</strong> regulatory aspects <strong>of</strong> <strong>the</strong> <strong>Council</strong>'s role in this Resource<br />
Management Act process. The <strong>Porirua</strong> <strong>City</strong> <strong>Council</strong>'s Asset Management<br />
& Operations Group and Strategy and Planning Group are <strong>the</strong> primary<br />
<strong>Council</strong> groups responsible for <strong>the</strong> preparation and lodgement <strong>of</strong> <strong>the</strong> two<br />
NoR's. The Environment & Regulatory Services Group has recognised<br />
<strong>the</strong>se differing roles through managing <strong>the</strong> potential conflict <strong>of</strong> interest by<br />
not seeking <strong>the</strong> assistance <strong>of</strong> <strong>the</strong> o<strong>the</strong>r <strong>Council</strong> groups in <strong>the</strong> checking <strong>of</strong> <strong>the</strong><br />
completeness <strong>of</strong> <strong>the</strong>se NoR's.<br />
• <strong>Porirua</strong> <strong>City</strong> <strong>Council</strong> submitted to <strong>the</strong> Western Corridor Transportation Plan<br />
(adopted 2006) which is contained within <strong>the</strong> Greater Wellington Regional<br />
<strong>Council</strong> Regional Land Transport Strategy (Approved September 2010).<br />
The <strong>Porirua</strong> <strong>City</strong> <strong>Council</strong> submitted in support <strong>of</strong> <strong>the</strong> Transmission Gully<br />
1<br />
Clause 6.6 <strong>of</strong> <strong>the</strong> Statement <strong>of</strong> Work Contract reference: 282 between <strong>the</strong> <strong>Environmental</strong> Protection<br />
Agency and <strong>Porirua</strong> <strong>City</strong> <strong>Council</strong><br />
2<br />
Clause 6.7 <strong>of</strong> <strong>the</strong> Statement <strong>of</strong> Work Contract reference: 282 between <strong>the</strong> <strong>Environmental</strong> Protection<br />
Agency and <strong>Porirua</strong> <strong>City</strong> <strong>Council</strong><br />
3<br />
Clause 6.8 <strong>of</strong> <strong>the</strong> Statement <strong>of</strong> Work Contract reference: 282 between <strong>the</strong> <strong>Environmental</strong> Protection<br />
Agency and <strong>Porirua</strong> <strong>City</strong> <strong>Council</strong><br />
5
oute as opposed to <strong>the</strong> upgrade <strong>of</strong> <strong>the</strong> existing State Highway One Coastal<br />
Route.<br />
3.2 The Author is an employee <strong>of</strong> <strong>Porirua</strong> <strong>City</strong> <strong>Council</strong> and is employed within <strong>the</strong><br />
<strong>Environmental</strong> and Regulatory Services Group. Due to <strong>the</strong> conflict <strong>of</strong> interest<br />
that <strong>the</strong> <strong>Porirua</strong> <strong>City</strong> <strong>Council</strong> has, this report has not been submitted to, ei<strong>the</strong>r<br />
for input, comment and/or approval <strong>of</strong> any <strong>Council</strong> Committee or been <strong>the</strong><br />
subject <strong>of</strong> any workshop with <strong>Council</strong>lor's. It is noted that no delegated<br />
authority is required by <strong>the</strong> Act to be able to approve a S149G(3) report being<br />
provided to <strong>the</strong> EPA.<br />
4 RELEVANT PLAN PROVISIONS<br />
General<br />
4.1 The following is a list <strong>of</strong> what are considered to be <strong>the</strong> relevant statutory<br />
documents applicable to <strong>the</strong> various TGP NoR's within <strong>Porirua</strong> <strong>City</strong>.<br />
Identification <strong>of</strong> <strong>the</strong> applicable provisions to <strong>the</strong> Transpower Resource Consent<br />
application is addressed separately in paragraphs 4.73 – 4.79. The matters<br />
considered applicable to <strong>the</strong> TGP NoR's are as follows:<br />
National Policy Statements<br />
New Zealand Coastal Policy Statement<br />
Regional Policy Statements<br />
Wellington Regional Policy Statement<br />
Proposed Wellington Regional Policy Statement<br />
Regional Plans<br />
Regional Freshwater Plan for <strong>the</strong> Wellington Regional<br />
Regional Air Quality Management Plan for <strong>the</strong> Wellington Region<br />
Regional Coastal Plan for <strong>the</strong> Wellington Region<br />
Regional Plan for Discharges to Land for <strong>the</strong> Wellington Region<br />
Regional Soil Plan for <strong>the</strong> Wellington Region<br />
District Plan<br />
<strong>Porirua</strong> <strong>City</strong> District Plan<br />
Proposed Plan Change 12 – Public Open Space Zone update<br />
National <strong>Environmental</strong> Standards<br />
National <strong>Environmental</strong> Standards for Air Quality<br />
National <strong>Environmental</strong> Standard for Sources <strong>of</strong> Human Drinking Water<br />
4.2 Comment on <strong>the</strong> documents under <strong>the</strong> headings <strong>of</strong> 'National <strong>Environmental</strong><br />
Standards' and 'Regional Plans' in paragraph 4.1 is not considered appropriate<br />
for this particular S149G(3) report as <strong>the</strong>se cover matters that are predominantly<br />
within <strong>the</strong> jurisdiction <strong>of</strong> <strong>the</strong> Regional <strong>Council</strong>. The objectives and policies are<br />
considered to be more likely applicable as part <strong>of</strong> <strong>the</strong> consideration <strong>of</strong> <strong>the</strong><br />
applications for resource consent required by <strong>the</strong> various Regional <strong>Council</strong><br />
planning documents that have been made concurrently with <strong>the</strong> NoR's.<br />
6
New Zealand Coastal Policy Statement<br />
4.3 The New Zealand Coastal Policy Statement 2010 (NZCPS) took effect on 3<br />
December 2010. The NZCPS seeks to contribute towards <strong>the</strong> sustainable<br />
management <strong>of</strong> <strong>the</strong> coastal environment. A copy <strong>of</strong> this document can be found<br />
on www.doc.govt.nz/publications/conservation/marine-and-coastal/newzealand-coastal-policy-statement/new-zealand-coastal-policy-statement-2010.<br />
4.4 It is considered that <strong>the</strong> NZCPS is relevant to <strong>the</strong> NoR's due to <strong>the</strong> proximity <strong>of</strong><br />
<strong>the</strong> proposed State Highway 58 interchange and adjoining Site Compound<br />
within <strong>the</strong> area commonly referred to as Lanes Flat. Lanes Flat is a low lying<br />
area approximately 700 metres from <strong>the</strong> upper reaches <strong>of</strong> <strong>the</strong> Pauatahanui Inlet.<br />
The Pauatahanui Stream flows parallel to State Highway 58, through Lanes Flat<br />
and enters <strong>the</strong> eastern end <strong>of</strong> <strong>the</strong> Pauatahanui inlet via <strong>the</strong> Pauatahanui Wildlife<br />
Management Reserve. Due to <strong>the</strong> close proximity <strong>of</strong> Lanes Flat and <strong>the</strong><br />
presence <strong>of</strong> <strong>the</strong> Pauatahanui Stream within, it is considered that it forms part <strong>of</strong><br />
<strong>the</strong> coastal environment.<br />
4.5 The NZCPS is also relevant for this proposal due to <strong>the</strong> substantial volume <strong>of</strong><br />
earthworks that is required to be undertaken to construct <strong>the</strong> proposed<br />
Motorway and Link Roads. TGP is within <strong>the</strong> catchments <strong>of</strong> <strong>the</strong> streams<br />
adjacent to <strong>the</strong>se works such as <strong>the</strong> Pauatahanui Stream, Duck Creek, Horokiwi<br />
Stream and Ration Stream that all flow into <strong>the</strong> Pauatahanui Inlet and in <strong>the</strong><br />
case <strong>of</strong> <strong>the</strong> <strong>Porirua</strong> Stream, into <strong>Porirua</strong> Harbour.<br />
4.6 The relevant Objectives <strong>of</strong> <strong>the</strong> NZCPS are to safeguard <strong>the</strong> ecological values <strong>of</strong><br />
<strong>the</strong> coastal environment (Objective 1), to preserve its natural character<br />
(Objective 2), take into account <strong>the</strong> principles <strong>of</strong> <strong>the</strong> treaty <strong>of</strong> Waitangi and<br />
recognition/involvement <strong>of</strong> tangata whenua (Objective 3) and to maintain and<br />
enhance pubic open space and recreation opportunities (Objective 4). These can<br />
all be summarised as seeking to protect <strong>the</strong> values that form <strong>the</strong> coastal<br />
environment. Objective 6 <strong>of</strong> <strong>the</strong> NZCPS provides for enabling people and<br />
communities to provide for <strong>the</strong>ir social, economic and cultural wellbeing within<br />
<strong>the</strong> coastal marine area by recognising that appropriate development is possible<br />
but at <strong>the</strong> same time ensuring <strong>the</strong> protection <strong>of</strong> <strong>the</strong> values <strong>of</strong> <strong>the</strong> coastal<br />
environment.<br />
4.7 To support <strong>the</strong>se Objectives, <strong>the</strong> NZCPS contains 29 Policies. The Statutory<br />
Provisions <strong>Report</strong> 4 attached to <strong>the</strong> application lists almost all <strong>of</strong> what are<br />
considered to be <strong>the</strong> relevant policies being numbers 1, 2, 6, 13, 14, 21, 22 and<br />
23. Policy 1 seeks to recognise <strong>the</strong> extent and characteristics <strong>of</strong> <strong>the</strong> coastal<br />
environment which includes <strong>the</strong> coastal marine area and elements and features<br />
on <strong>the</strong> adjacent land that contribute to <strong>the</strong> natural character, landscape, visual<br />
qualities or amenity values. Policy 2 recognises <strong>the</strong> relationship <strong>of</strong> tangata<br />
whenua with <strong>the</strong> coastal environment and provides for <strong>the</strong>ir involvement<br />
including incorporation <strong>of</strong> mātauranga Maori in <strong>the</strong> consideration <strong>of</strong> Notices <strong>of</strong><br />
Requirement. Policy 6 is about enabling activities at an appropriate level within<br />
<strong>the</strong> coastal environment whilst addressing <strong>the</strong> effects <strong>of</strong> <strong>the</strong>m. The natural<br />
4 Technical <strong>Report</strong> 21(Folder 7 <strong>of</strong> 7 in Volume 3: Technical <strong>Report</strong>s and Supporting Documents) <strong>of</strong> <strong>the</strong><br />
TGP application<br />
7
character <strong>of</strong> <strong>the</strong> coastal environment is recognised by seeking to preserve it<br />
(Policy 13) as well as rehabilitate or restore (Policy 14) where it has been<br />
degraded. Policy 21 provides recognition <strong>of</strong> deteriorated water quality and<br />
affords <strong>the</strong> opportunity for priority to improve that quality through various<br />
methods. Policy 22 relates to <strong>the</strong> identification <strong>of</strong> and management <strong>of</strong> sediment<br />
rates into <strong>the</strong> coastal environment whilst Policy 23 addresses <strong>the</strong> management <strong>of</strong><br />
discharge <strong>of</strong> contaminants.<br />
4.8 It is also considered that Policy 4 is relevant which <strong>the</strong> application has<br />
addressed 5 but not included in <strong>the</strong> Statutory Provisions <strong>Report</strong> is relevant:<br />
Policy 4: Integration<br />
Provide for <strong>the</strong> integrated management <strong>of</strong> natural and physical resources in <strong>the</strong><br />
coastal environment, and activities that affect <strong>the</strong> coastal environment. This<br />
requires:<br />
a. co-ordinated management or control <strong>of</strong> activities within <strong>the</strong> coastal<br />
environment, and which could cross administrative boundaries, particularly:<br />
i. <strong>the</strong> local authority boundary between <strong>the</strong> coastal marine area and land;<br />
ii. local authority boundaries within <strong>the</strong> coastal environment, both within <strong>the</strong><br />
coastal marine area and on land; and<br />
iii. where hapū or iwi boundaries or rohe cross local authority boundaries;<br />
b. working collaboratively with o<strong>the</strong>r bodies and agencies with responsibilities<br />
and functions relevant to resource management, such as where land or<br />
waters are held or managed for conservation purposes; and<br />
c. particular consideration <strong>of</strong> situations where:<br />
i. subdivision, use, or development and its effects above or below <strong>the</strong> line <strong>of</strong><br />
mean high water springs will require, or is likely to result in, associated<br />
use or development that crosses <strong>the</strong> line <strong>of</strong> mean high water springs; or<br />
ii. public use and enjoyment <strong>of</strong> public space in <strong>the</strong> coastal environment is<br />
affected, or is likely to be affected; or<br />
iii. development or land management practices may be affected by physical<br />
changes to <strong>the</strong> coastal environment or potential inundation from coastal<br />
hazards, including as a result <strong>of</strong> climate change; or<br />
iv. land use activities affect, or are likely to affect, water quality in <strong>the</strong><br />
coastal environment and marine ecosystems through increasing<br />
sedimentation; or<br />
v. significant adverse cumulative effects are occurring, or can be<br />
anticipated.<br />
Comment<br />
4.9 The management <strong>of</strong> <strong>the</strong> effects, particularly those relating to <strong>the</strong> construction <strong>of</strong><br />
<strong>the</strong> TGP, on <strong>the</strong> health <strong>of</strong> <strong>the</strong> receiving coastal environment are considered to be<br />
<strong>of</strong> relevance to this matter. This includes <strong>the</strong> appropriate management <strong>of</strong> <strong>the</strong> silt<br />
and sediment effects associated with <strong>the</strong> proposed earthworks, <strong>the</strong> management<br />
<strong>of</strong> on-site sewage generated by workers facilities at <strong>the</strong> Site Compounds,<br />
management <strong>of</strong> hazardous substances that may be utilised such as fuel storage<br />
and <strong>the</strong> management <strong>of</strong> <strong>the</strong> disturbance <strong>of</strong> contaminated material.<br />
5 Section 32.4 <strong>of</strong> <strong>the</strong> assessment <strong>of</strong> environmental effects<br />
8
Regional Policy Statement<br />
4.10 There is an existing Regional Policy Statement which was declared operative on<br />
<strong>the</strong> 15 th May 1995. The applicant has identified what <strong>the</strong>y consider to be <strong>the</strong><br />
relevant provisions <strong>of</strong> <strong>the</strong> Regional Policy Statement which are categorised into<br />
resource types such as 'soils and minerals, coastal environment, natural hazards<br />
etc within <strong>the</strong> Statutory Provisions <strong>Report</strong>.<br />
4.11 The categories applicable to <strong>the</strong> consideration <strong>of</strong> <strong>the</strong> Notices <strong>of</strong> Requirement as<br />
distinct from <strong>the</strong> resource consent applications are:<br />
The Iwi <strong>Environmental</strong> Management System (Chapter 4)<br />
4.12 Objectives 2 & 3, Policies 2 & 3.<br />
These provisions relate to <strong>the</strong> recognition <strong>of</strong> tangata whenua and <strong>the</strong>ir<br />
involvement in <strong>the</strong> planning process. It is noted that <strong>the</strong> applicants have<br />
included a Cultural Impact <strong>Report</strong> 6 prepared by Te Runanga o Toa Rangatira<br />
who are recognised to <strong>the</strong> tangata whenua within <strong>the</strong> <strong>Porirua</strong> area.<br />
Freshwater (Chapter 5)<br />
4.13 Objectives 2 & 3, Policies 7, 12, 13, 16.<br />
These provisions seek to maintain <strong>the</strong> quality <strong>of</strong> water from <strong>the</strong> effects <strong>of</strong><br />
activities. This includes appropriately addressing <strong>the</strong> effects <strong>of</strong> earthworks<br />
which have <strong>the</strong> potential to result in silt and sediment run<strong>of</strong>f into waterways if<br />
not suitably managed. The silt and sediment control measures will need to be<br />
sufficient enough to appropriately manage <strong>the</strong> effects <strong>of</strong> <strong>the</strong> earthworks that will<br />
be required to be undertaken as part <strong>of</strong> <strong>the</strong> construction <strong>of</strong> TGP. Policy 13<br />
relates to recognising <strong>the</strong> relationship <strong>of</strong> tangata whenua with waterways.<br />
Policy 16 includes provision for enhancing access to water bodies. The<br />
provision <strong>of</strong> a proposed walkway/cycleway including a pedestrian underpass at<br />
Bridge No. 15 as shown on plan GM13 and Sheet S15-02 along <strong>the</strong> Pauatahanui<br />
Stream as well as a similar arrangement at Bridge No.12 along <strong>the</strong> Ration<br />
Stream as shown on plan GM 10 and Sheet S12-01 may be appropriate forms <strong>of</strong><br />
enhanced and or retaining access to <strong>the</strong>se water-bodies.<br />
The Coastal Environment (Chapter 7)<br />
4.14 Objectives 1, 3 & 4, Policies 1, 5, 6 7.<br />
These provisions are similar to those contained in <strong>the</strong> NZCPS. It is noted that<br />
Policy 1 makes reference to Table 8: Sites <strong>of</strong> National or Regional Significance<br />
for Indigenous Vegetation or Significant Habitats for Indigenous Fauna. Table<br />
8 lists amongst o<strong>the</strong>r sites <strong>the</strong> Pauatahanui Inlet (Wildlife Refuge, Wildlife<br />
Management Reserve) and Horokiwi (Wildlife Management Reserve). As<br />
mentioned previously <strong>the</strong> State Highway 58 Interchange and Proposed Site<br />
Compound are upstream <strong>of</strong> <strong>the</strong>se sites.<br />
Ecosystems (Chapter 9)<br />
4.15 Objectives 1 – 5, Policies 3 – 10.<br />
These provisions seek to sustain various ecosystems within <strong>the</strong> Wellington<br />
Region. The <strong>Porirua</strong> <strong>City</strong> <strong>Council</strong> has identified Sites <strong>of</strong> Ecological<br />
6 Technical <strong>Report</strong> 18 in Folder 6 <strong>of</strong> 7 Volume 3: Technical <strong>Report</strong>s and Supporting Documents<br />
9
Significance within <strong>the</strong> district which is discussed in fur<strong>the</strong>r detail in Section 7<br />
<strong>of</strong> this report.<br />
Natural Hazards (Chapter 11)<br />
4.16 Objective 1, Policies 1 – 4.<br />
These provisions seek to reduce <strong>the</strong> adverse effects <strong>of</strong> natural hazards to an<br />
acceptable level. This includes having sufficient information to inform <strong>the</strong><br />
potential susceptibility <strong>of</strong> a proposal to natural hazards (Policies 1 & 2 which<br />
have been identified in <strong>the</strong> Statutory Provisions <strong>Report</strong>). The Ohariu Fault Line<br />
is identified in <strong>Council</strong>'s GIS system as being sited through <strong>the</strong> nor<strong>the</strong>rn tip <strong>of</strong><br />
NoR3 which is also shown on Road Layout Plan Sheets GM04 and GM 05 7 .<br />
Policies 3 & 4 are also considered to be applicable:<br />
Policy 3 – To recognise <strong>the</strong> risks to existing development from natural hazards<br />
and promote risk reduction measures to reduce this risk to an acceptable level,<br />
consistent with Part II <strong>of</strong> <strong>the</strong> Act.<br />
Given that one <strong>of</strong> <strong>the</strong> objectives <strong>of</strong> TGP is to improve regional network security<br />
for Wellington this provision would appear applicable.<br />
Policy 4 – To ensure that human activities which modify <strong>the</strong> environment only<br />
change <strong>the</strong> probability and magnitude <strong>of</strong> natural hazard events where <strong>the</strong>se<br />
changes have been explicitly recognised and accepted.<br />
This policy seeks to ensure that <strong>the</strong> increased risk <strong>of</strong> a hazard has been<br />
appropriately evaluated. This can be applied to TGP in ensuring that <strong>the</strong> cut and<br />
fill batters are constructed in an appropriate geotechnical manner. This can also<br />
be applied to ensuring that <strong>the</strong> potential increased flooding risk to <strong>the</strong> four<br />
properties located <strong>of</strong>f Joseph Banks Drive (Whitby) as identified in Section<br />
19.5.3 <strong>of</strong> <strong>the</strong> assessment <strong>of</strong> environmental effects is appropriately evaluated.<br />
The Built Environment and Transportation<br />
4.17 The relevant objectives and polices are considered to be <strong>the</strong> same as has been<br />
identified in <strong>the</strong> Statutory Provisions <strong>Report</strong>.<br />
Proposed Regional Policy Statement<br />
4.18 Decisions have been released on <strong>the</strong> Proposed Regional Policy Statement (RPS)<br />
in May 2010 which is currently <strong>the</strong> subject <strong>of</strong> appeals. This document, as<br />
amended by decisions on submissions is accessible on<br />
http://www.gw.govt.nz/assets/Plans--Publications/Regional-Policy-<br />
Statement/Proposed-RPS-May-2010-Incorporating-changes-from-Decision.pdf.<br />
It is considered that more weight should generally be placed upon <strong>the</strong> objectives<br />
and policies <strong>of</strong> <strong>the</strong> proposed RPS ra<strong>the</strong>r than <strong>the</strong> Operative RPS due to decisions<br />
being released upon submissions.<br />
4.19 There are various policies within <strong>the</strong> proposed RPS which are considered<br />
relevant and regard should be had to in assessing TGP. In reading <strong>the</strong> proposed<br />
RPS, Section 4.2 identifies "<strong>the</strong> policies that need to be given particular regard,<br />
where relevant, when assessing and deciding on …notices <strong>of</strong> requirements. 8 "<br />
7 Volume 4:Plan Set<br />
10
Policies 34 – 60 are included within Section 4.2 <strong>of</strong> <strong>the</strong> proposed RPS. A table<br />
on Page 147 <strong>of</strong> <strong>the</strong> proposed RPS categorises <strong>the</strong>se particular policies into<br />
individual topics such as Coastal Environment, Indigenous Ecosystems, Natural<br />
Hazards etc.<br />
4.20 Within <strong>the</strong> Statutory Provisions <strong>Report</strong>, various policies and objectives have<br />
been identified as being applicable to this proposal. It is considered that <strong>the</strong>re<br />
are additional policies applicable to TGP which should be considered as part <strong>of</strong><br />
this proposal which are included below as part <strong>of</strong> <strong>the</strong> identification <strong>of</strong> <strong>the</strong><br />
relevant provisions. The following provisions are considered relevant in <strong>the</strong>ir<br />
respective Topics as identified in <strong>the</strong> table on page 147 <strong>of</strong> <strong>the</strong> proposed RPS:<br />
Energy, infrastructure and waste<br />
4.21 Policy 38 seeks to recognise regionally significant infrastructure and lists <strong>the</strong><br />
benefits including people and goods moving efficiently and safely around <strong>the</strong><br />
region and to and from. Given that NZTA have classified <strong>the</strong> TGP as a Road <strong>of</strong><br />
National Significance and that <strong>the</strong> objectives 9 include improved network<br />
security and better provision for through movement <strong>of</strong> freight and people this<br />
provision is applicable. Likewise it also applies to <strong>the</strong> consideration <strong>of</strong> <strong>the</strong> PCC<br />
Link Road NoR's which also have as part <strong>of</strong> <strong>the</strong>ir objectives improved access<br />
from <strong>Porirua</strong>'s eastern suburbs to o<strong>the</strong>r areas <strong>of</strong> <strong>the</strong> Wellington region.<br />
Fresh water<br />
4.22 Policies 39 – 42 and 52 are considered to be applicable to TGP. Of <strong>the</strong>se,<br />
Policy 40 which seeks to minimise <strong>the</strong> effects <strong>of</strong> earthworks and vegetation<br />
disturbance is very relevant during <strong>the</strong> construction phase <strong>of</strong> TGP due to <strong>the</strong><br />
substantial earthworks that will be required to be undertaken. Policy 41, which<br />
seeks to minimise stormwater contamination, is relevant for when TGP is<br />
operating – it is noted that wetlands are proposed to be established along <strong>the</strong><br />
route which could contribute to achieving <strong>the</strong> aim <strong>of</strong> this policy. Policy 52<br />
seeks to retain public access to and along <strong>the</strong> coastal marine area, lakes and<br />
rivers <strong>of</strong> which comment was provided previously in paragraph 4.13.<br />
Historic Heritage<br />
4.23 Policy 45 seeks to manage <strong>the</strong> effects <strong>of</strong> activities on historic heritage values.<br />
The <strong>Porirua</strong> <strong>City</strong> District Plan has identified St Josephs Catholic Church 10 as<br />
being a significant heritage feature worthy <strong>of</strong> protection. This church is<br />
identified on plan GM13 <strong>of</strong> <strong>the</strong> Plan Set. The potential effects that this church<br />
may be subjected to include noise 11 , vibration 12 and visual 13 . TGP is also<br />
proposed to pass through Battle Hill Farm Forest Park which also is identified<br />
as a significant heritage feature 14 .<br />
9 Section 2.5.1 <strong>of</strong> assessment <strong>of</strong> environmental effects.<br />
10 Site JA02 within Section J – Heritage Register <strong>of</strong> <strong>the</strong> <strong>Porirua</strong> <strong>City</strong> District Plan<br />
11 Section 26.3.1.2 within Folder 2 <strong>of</strong> 2: Volume 1 assessment <strong>of</strong> environmental effects report<br />
12 Section 16.4 within Folder 2 <strong>of</strong> 2: Volume 1 assessment <strong>of</strong> environmental effects report<br />
13 Section 25..3.3.3 within Folder 2 <strong>of</strong> 2: Volume 1 assessment <strong>of</strong> environmental effects report<br />
14 Site JB09 within Section J – Heritage Register <strong>of</strong> <strong>the</strong> <strong>Porirua</strong> <strong>City</strong> District Plan<br />
11
Indigenous ecosystems<br />
4.24 Policy 46 seeks to manage <strong>the</strong> effects on indigenous ecosystems and habitats<br />
with significant biodiversity habitats. As identified in paragraph 4.15, comment<br />
on <strong>the</strong> sites <strong>of</strong> ecological significance is included in Section 7 <strong>of</strong> this report.<br />
Landscape<br />
4.25 Policy 49 seeks to manage <strong>the</strong> effects on outstanding natural features and<br />
landscapes and significant amenity landscapes. Parts <strong>of</strong> <strong>the</strong> proposed<br />
Transmission Gully Motorway (TGM) and Waitangarua Link Road (NoR3 and<br />
NoR8) are located within an area identified as being part <strong>of</strong> <strong>the</strong> Whitby<br />
Landscape Protection Area (WLPA). Policy 49 provides an interim assessment<br />
framework for areas that include those already identified in <strong>the</strong> District Plan<br />
prior to policies 24 and 26 being given effect to as is <strong>the</strong> case withy <strong>the</strong> WLPA.<br />
Fur<strong>the</strong>r comment on <strong>the</strong> WLPA is provided in <strong>the</strong> identification <strong>of</strong> policy<br />
C9.1.15 below in paragraph 4.42.<br />
Natural Hazards<br />
4.26 Policy 50 seeks to minimise <strong>the</strong> risks and consequences <strong>of</strong> natural hazards and<br />
in achieving this measure Policy 51 seeks to minimise <strong>the</strong> adverse effects <strong>of</strong> <strong>the</strong><br />
hazard mitigation measures that are utilised. It is noted that Policy 51 was<br />
omitted from <strong>the</strong> Statutory Provisions <strong>Report</strong> (Technical report 21) though it is<br />
referenced in Section 32.6.1.8 – Natural Hazards <strong>of</strong> <strong>the</strong> a.e.e. Policy 51 seeks<br />
that when designing measures to mitigate <strong>the</strong> risk <strong>of</strong> natural hazards that <strong>the</strong><br />
method utilised needs to be <strong>of</strong> a structural or hard engineered nature or a nonstructural<br />
or s<strong>of</strong>t engineering method can be utilised. These provisions are<br />
considered to be relevant due to <strong>the</strong> aforementioned presence <strong>of</strong> <strong>the</strong> Ohariu fault<br />
Line and also in that <strong>the</strong> earthworks cut and fill batters are designed and<br />
constructed in a manner that addresses <strong>the</strong> hazard risk posed to <strong>the</strong>m in terms <strong>of</strong><br />
stability.<br />
Regional form, design and function<br />
4.27 Policies 53, 56 and 57 are identified as being required to have particular regard<br />
to when considering NoR's in terms <strong>of</strong> this topic. Policy 53 relates to achieving<br />
<strong>the</strong> regions urban design principles which includes such design elements as<br />
connections, context and character. Policy 56 refers to <strong>the</strong> Wellington Regional<br />
Land Transport Strategy 15 (approved September 2010) which identifies<br />
Transmission Gully as one <strong>of</strong> <strong>the</strong> implementation measures 16 .<br />
Resource Management with tangata whenua<br />
4.28 Particular regard is to be had to <strong>the</strong> principles <strong>of</strong> <strong>the</strong> Treaty <strong>of</strong> Waitangi (Policy<br />
47) and avoiding adverse effects on matters <strong>of</strong> significance to tangata whenua<br />
(Policy 48). As mentioned previously in paragraph 4.12 a cultural impact<br />
assessment has been included with <strong>the</strong> application. Battle Hill Farm Forest Park<br />
is identified as a tapu site in <strong>the</strong> <strong>Council</strong>'s Geographic information System (GIS)<br />
so <strong>the</strong>re is <strong>the</strong> potential that items <strong>of</strong> cultural significance could be present <strong>the</strong>re.<br />
15 http://www.gw.govt.nz/assets/Transport/Regional-transport/RLTS/RLTS2010-docs/WRLTS-2010-<br />
2040-Doco-WEB.pdf<br />
16 Section 2.1 <strong>of</strong> Appendix Four – Implementing <strong>the</strong> RLTS<br />
12
Soils and Minerals<br />
4.29 Policy 40 is considered to be relevant which relates to minimising <strong>the</strong> effects <strong>of</strong><br />
earthworks and vegetation disturbance. As commented earlier <strong>the</strong>re are<br />
substantial earthworks proposed as part <strong>of</strong> <strong>the</strong> construction <strong>of</strong> TGM and <strong>the</strong><br />
effects <strong>of</strong> <strong>the</strong>se will need to be appropriately managed. There are also areas <strong>of</strong><br />
significant ecological value identified by <strong>the</strong> <strong>Council</strong> which is discussed in<br />
Section 7 <strong>of</strong> this report.<br />
<strong>Porirua</strong> <strong>City</strong> District Plan<br />
4.30 The <strong>Porirua</strong> <strong>City</strong> District Plan (<strong>the</strong> District Plan) was prepared under <strong>the</strong><br />
Resource Management Act 1991, notified 25 October 1994, and declared<br />
operative on 1 November 1999. Since this time various plan changes have been<br />
prepared as part <strong>of</strong> a 'rolling review' <strong>of</strong> which <strong>the</strong> majority are now operative.<br />
4.31 The TGP traverses several zones as defined by <strong>the</strong> District Plan. The zones<br />
traversed by TGP inform, in part, what are considered to be <strong>the</strong> 'zone specific'<br />
relevant District Plan Objectives and Policies that particular regard is to be had<br />
in considering <strong>the</strong> effects on <strong>the</strong> environment <strong>of</strong> TGP. The zones affected by<br />
each <strong>of</strong> <strong>the</strong> NoR's are as follows:<br />
NoR3 (Main Alignment)<br />
• Rural<br />
• Public Open Space Zone<br />
• Suburban<br />
• Judgeford Hills Zone<br />
• Recreation Zone<br />
NoR5 (Kenepuru Link Road)<br />
• Suburban Zone;<br />
• Industrial Zone<br />
NoR7 (Whitby Link Road)<br />
• Suburban Zone<br />
NoR8 (Waitangarua Link Road)<br />
• Rural Zone;<br />
• Suburban Zone<br />
4.32 In identifying <strong>the</strong> zones, it is acknowledged that nei<strong>the</strong>r <strong>the</strong> NoR's nor <strong>the</strong><br />
Transpower application are subject to having to comply with <strong>the</strong> Rules <strong>of</strong> <strong>the</strong><br />
District Plan.<br />
4.33 There is one plan change that has land affected by TGP being Proposed Plan<br />
Change 12. Decisions on submissions to proposed Plan Change 12 were<br />
notified on 2 August 2011 in accordance with Clause 10 <strong>of</strong> <strong>the</strong> Schedule 1 <strong>of</strong><br />
<strong>the</strong> Act and <strong>the</strong> closing time for submissions is 14 September 2011 i.e. after <strong>the</strong><br />
date <strong>of</strong> submission <strong>of</strong> this report. It is proposed, as part <strong>of</strong> Plan Change 12, to<br />
rezone land located south <strong>of</strong> Cannons Creek legally described as Sec 2 SO<br />
368657 (referred to as Waitangarua Farm) from Rural to Open Space. This land<br />
13
is <strong>the</strong> subject <strong>of</strong> NoR3. It is noted that <strong>the</strong> NZTA submitted to this plan change<br />
in relation to areas affected by TGP and <strong>the</strong>refore an appeal may have been<br />
lodged in relation to <strong>the</strong> proposed zoning <strong>of</strong> this land subsequent to <strong>the</strong> writing<br />
<strong>of</strong> this report.<br />
4.34 In Appendix A to this report are what are considered to be <strong>the</strong> relevant<br />
Objectives and Policies <strong>of</strong> <strong>the</strong> District Plan that are relevant to TGP. From<br />
<strong>the</strong>se provisions, it is considered that <strong>the</strong> key environmental effects relevant to<br />
TGP can be identified. The Objectives and Policies identified are all operative<br />
and, at <strong>the</strong> time <strong>of</strong> writing <strong>of</strong> this report, <strong>the</strong>re were no plan changes proposing<br />
to ei<strong>the</strong>r amend <strong>the</strong>se or introduce additional provisions.<br />
Silt and Sediment Effects <strong>of</strong> Earthworks<br />
4.35 The District Plan contains a number <strong>of</strong> Objectives and Policies which<br />
specifically address <strong>the</strong> effects <strong>of</strong> earthworks. This includes:<br />
• Policy C3.2.1 which seeks to protect and enhance <strong>the</strong> amenity and character<br />
<strong>of</strong> <strong>the</strong> residential resource through amongst o<strong>the</strong>r methods defining <strong>the</strong><br />
nature and scale <strong>of</strong> activities such as earthworks.<br />
• Policy C4.2.2 which seeks to protect <strong>the</strong> natural and physical environment<br />
from silt run-<strong>of</strong>f by <strong>the</strong> removal <strong>of</strong> vegetation and earthworks in <strong>the</strong> Rural<br />
Zone;<br />
• Policy C4A.3.6.1 which seeks to control <strong>the</strong> extent <strong>of</strong> earthworks in <strong>the</strong><br />
Judgeford Hills Zone to an appropriate level on stormwater, geotechnical<br />
stability and amenity values;<br />
• Policy C9.1.15 which seeks to recognise, protect and enhance <strong>the</strong> existing<br />
ecological and landscape features <strong>of</strong> <strong>the</strong> Whitby Landscape Protection area,<br />
including Duck Creek through amongst o<strong>the</strong>r methods <strong>the</strong> management <strong>of</strong><br />
earthworks;<br />
• Policy C10.1.5 which applies to all areas <strong>of</strong> <strong>Porirua</strong> <strong>City</strong> which seeks to<br />
manage <strong>the</strong> effects <strong>of</strong> activities likely to result in increased levels <strong>of</strong> silt run<strong>of</strong>f<br />
that could ei<strong>the</strong>r directly or indirectly enter <strong>the</strong> coastal marine area.<br />
4.36 It is also considered that <strong>the</strong>re are indirect references to <strong>the</strong> effects <strong>of</strong><br />
earthworks within <strong>the</strong> Objectives and Policies including:<br />
• Policy C4B2.3 which seeks to ensure that adverse environmental effects <strong>of</strong><br />
activities within <strong>the</strong> Public Open Space and Recreation Zones, including on<br />
<strong>the</strong> environmental quality <strong>of</strong> adjoining areas and water-bodies and <strong>the</strong> coast,<br />
are avoided, remedied or mitigated.<br />
4.37 Due to <strong>the</strong> undulating topography within <strong>Porirua</strong> <strong>City</strong>, earthworks are a<br />
commonly occurring activity associated with <strong>the</strong> development <strong>of</strong> land. TGP is<br />
ano<strong>the</strong>r example <strong>of</strong> this, albeit at a far bigger scale than what typically occurs<br />
with o<strong>the</strong>r developments. It is recognised that <strong>the</strong> volume <strong>of</strong> earthworks<br />
identified to occur as part <strong>of</strong> TGP is a reflection <strong>of</strong> <strong>the</strong> length <strong>of</strong> <strong>the</strong> route, <strong>the</strong><br />
topography <strong>of</strong> <strong>the</strong> land covered and one <strong>of</strong> <strong>the</strong> objectives <strong>of</strong> <strong>the</strong> project to<br />
provide an alternative strategic link for Wellington that improves network<br />
security.<br />
4.38 As can be seen above, <strong>the</strong>re are a number <strong>of</strong> provisions within <strong>the</strong> District Pan<br />
which seek to ensure that <strong>the</strong> effects <strong>of</strong> earthworks are appropriately managed<br />
14
due to <strong>the</strong> adverse effect posed by uncontrolled silt and sediment run<strong>of</strong>f to <strong>the</strong><br />
receiving environment. As part <strong>of</strong> <strong>the</strong> suite <strong>of</strong> methods to manage <strong>the</strong> effects <strong>of</strong><br />
earthworks within <strong>Porirua</strong> <strong>City</strong>, all Zones have Permitted Activity Standards<br />
that limit <strong>the</strong> maximum area, depth/height and slope <strong>of</strong> ground (except for<br />
Recreation and Open Space Zones) that earthworks may occur as a Permitted<br />
Activity. Landuse resource consent is required, if an activity is unable to<br />
comply with <strong>the</strong> relevant Earthworks Permitted Activity Standard(s), which<br />
must include <strong>the</strong> provision <strong>of</strong> an Earthworks Management Plan/Assessment 17<br />
with <strong>the</strong> application. It is acknowledged that <strong>the</strong> NoR's are not subject to<br />
compliance with <strong>the</strong> Permitted Activity Standards. The management <strong>of</strong><br />
earthworks is an important issue to <strong>Porirua</strong> <strong>City</strong> due to <strong>the</strong> receiving<br />
environment being both neighbours from nuisance dust effects as well as <strong>the</strong><br />
exposure <strong>of</strong> waterways and <strong>the</strong> <strong>Porirua</strong> Harbour, including both <strong>the</strong> Onepoto<br />
Arm and Pauatahanui Inlet, to silt and sediment run<strong>of</strong>f.<br />
4.39 It is noted that various silt and sediment control measures have been proposed<br />
as part <strong>of</strong> <strong>the</strong> NoR's. These will need to be sited in <strong>the</strong> appropriate places and<br />
be <strong>of</strong> sufficient size for <strong>the</strong> run<strong>of</strong>f that will occur. Also at <strong>the</strong> completion <strong>of</strong><br />
each stage excavation and filling, <strong>the</strong> restoration <strong>of</strong> exposed earthworks areas<br />
will need to be successfully implemented to mitigate on-going silt and sediment<br />
run<strong>of</strong>f post construction <strong>of</strong> TGP. This is a standard approach undertaken by <strong>the</strong><br />
<strong>Porirua</strong> <strong>City</strong> <strong>Council</strong> in <strong>the</strong> consideration <strong>of</strong> resource consents<br />
Ecology<br />
4.40 As well as <strong>the</strong> ecological effects associated with earthworks as identified in<br />
paragraphs 4.35 – 4.39, <strong>the</strong>re are also potential ecological effects stemming<br />
from <strong>the</strong> loss <strong>of</strong> indigenous vegetation. This is recognised by:<br />
• Policy C4.2.4 which seeks to maintain and enhance <strong>the</strong> ecological integrity<br />
and natural character <strong>of</strong> <strong>the</strong> Rural Zone;<br />
• Policy C4B.2.3 which seeks to avoid, remedy or mitigate <strong>the</strong> effects <strong>of</strong><br />
activities on <strong>the</strong> ecological values <strong>of</strong> <strong>the</strong> Open Space and Recreation Zones;<br />
• Policy C9.1.5 which seeks to protect <strong>the</strong> ecological character <strong>of</strong> <strong>the</strong> Rural<br />
Zone;<br />
• Policy C9.1.6 which seeks to protect and preserve areas <strong>of</strong> significant native<br />
vegetation<br />
• Policy C9.1.14 which aims to protect and enhance <strong>the</strong> ecological integrity<br />
throughout <strong>Porirua</strong> <strong>City</strong>.<br />
4.41 As can be seen, <strong>the</strong> District Plan has a suite <strong>of</strong> provisions which seek to protect<br />
and preserve areas <strong>of</strong> ecological value. These provisions highlight that sites <strong>of</strong><br />
ecological significance and <strong>the</strong> consideration <strong>of</strong> <strong>the</strong> impacts upon <strong>the</strong>m by<br />
development are a key issue in terms <strong>of</strong> <strong>the</strong> District Plan.<br />
Landscape<br />
4.42 There are two areas identified as having landscape values that are covered by<br />
<strong>the</strong> proposed NoR's. In <strong>the</strong> vicinity <strong>of</strong> Whitby is <strong>the</strong> Whitby Landscape<br />
Protection Area. Policy C9.1.15 makes specific reference to this landscape area<br />
17 Section F7.4 Information Schedule 4 <strong>of</strong> <strong>the</strong> <strong>Porirua</strong> <strong>City</strong> District Plan<br />
15
seeking to protect and enhance its landscape features. This includes Duck<br />
Creek.<br />
4.43 To <strong>the</strong> south <strong>of</strong> Ranui and Cannons Creek is ano<strong>the</strong>r Landscape Protection Area<br />
supported by Policy C9.1.4 which seeks to protect <strong>the</strong> Belmont Scarp and<br />
Eastern <strong>Porirua</strong> Ridge from urban encroachment to preserve <strong>the</strong> open space and<br />
rural edge <strong>of</strong> <strong>Porirua</strong> <strong>City</strong>. Whilst it is acknowledged that <strong>the</strong> proposal is for a<br />
road ra<strong>the</strong>r than an urban development, it is considered that this policy is<br />
applicable in <strong>the</strong> sense <strong>of</strong> ensuring that <strong>the</strong> landscape character is retained.<br />
Amenity<br />
4.44 The District Plan seeks to protect and enhance <strong>the</strong> amenity <strong>of</strong> <strong>the</strong> Suburban<br />
Zone (Objective C3.2, Policy C3.2.1). The District Plan also seeks to ensure<br />
that activities do not detract from <strong>the</strong> character or quality <strong>of</strong> <strong>the</strong> rural<br />
environment (Policy C4.1.3).<br />
4.45 There are various effects associated with <strong>the</strong> project that have <strong>the</strong> potential to<br />
affect <strong>the</strong> amenity <strong>of</strong> existing residential areas as well as <strong>the</strong> rural character.<br />
These effects relate to both during <strong>the</strong> construction <strong>of</strong> <strong>the</strong> project as well as <strong>the</strong><br />
operation <strong>of</strong> <strong>the</strong> roads. There are effects such as noise and traffic which are<br />
addressed also later in <strong>the</strong> identification <strong>of</strong> key issues through <strong>the</strong> District Plan<br />
provisions – <strong>the</strong>se effects all contribute towards <strong>the</strong> 'make-up' <strong>of</strong> <strong>the</strong> amenity <strong>of</strong><br />
an area.<br />
4.46 During <strong>the</strong> construction <strong>of</strong> TGP <strong>the</strong>re will be traffic generated by transporting<br />
workers to and from <strong>the</strong> sites, movement <strong>of</strong> earthmoving machinery and general<br />
road construction materials and infrastructure, and trucks associated with <strong>the</strong><br />
removal <strong>of</strong> forestry. Some <strong>of</strong> <strong>the</strong>se movements may be required to be through<br />
residential areas such as Ranui, Whitby and Waitangarua as identified in<br />
Section 7.2 <strong>of</strong> <strong>the</strong> Assessment <strong>of</strong> Traffic & Transportation Effects 18 . The level<br />
and nature <strong>of</strong> construction traffic through residential areas will affect those<br />
residents amenity. In <strong>the</strong> provision <strong>of</strong> comments on <strong>the</strong> Completeness <strong>Report</strong> to<br />
<strong>the</strong> EPA, comment was made on <strong>the</strong> absence <strong>of</strong> information on how <strong>the</strong> trees<br />
located south <strong>of</strong> Ranui were to be removed from near residential areas. If this<br />
removal involved forestry trucks traversing through residential areas <strong>the</strong>n Policy<br />
C3.2.1 would be relevant.<br />
4.47 O<strong>the</strong>r factors associated with <strong>the</strong> construction <strong>of</strong> <strong>the</strong> project that have <strong>the</strong><br />
potential to affect amenity is construction noise from blasting and rock<br />
crushing. This activity was identified as potentially needing to be undertaken<br />
between Cannons Creek and <strong>the</strong> Gun Club 19 . There are residential suburbs<br />
adjacent to this such as Cannons Creek and Ranui and <strong>the</strong>refore <strong>the</strong> effects <strong>of</strong><br />
such an activity has <strong>the</strong> potential to affect <strong>the</strong> amenity <strong>of</strong> <strong>the</strong>se residents.<br />
4.48 The Lanes Flat site compound, as identified on Sheet No.GM13, and <strong>the</strong> layout<br />
<strong>of</strong> displayed in Figure 8.1 <strong>of</strong> <strong>the</strong> a.e.e, has <strong>the</strong> potential to generate noise and<br />
dust effects from such activities as concrete batching. It is assumed that this site<br />
18 Folder 1 <strong>of</strong> 7 – Volume 3: Technical reports and supporting documents.<br />
19 Section 5.6.2 – Excavation Characteristics <strong>of</strong> <strong>the</strong> Road Design Philosophy (Technical report 1) in<br />
Folder 1 <strong>of</strong> 7 – Volume 3: Technical reports and supporting documents)<br />
16
compound is likely to be operated for <strong>the</strong> majority <strong>of</strong> <strong>the</strong> duration <strong>of</strong> <strong>the</strong><br />
construction period being six years 20 . As well as nearby rural residences,<br />
Pauatahanui Village and <strong>the</strong> eastern Whitby residential area, including <strong>the</strong><br />
approved allotments within <strong>the</strong> Silverwood subdivision located on Endeavour<br />
Drive are nearby. The effects <strong>of</strong> <strong>the</strong> site compound on <strong>the</strong> amenity <strong>of</strong> <strong>the</strong><br />
residents will need to be appropriately managed where required.<br />
4.49 In undertaking earthworks, <strong>the</strong>re is <strong>the</strong> potential for dust nuisance stemming<br />
from <strong>the</strong> undertaking <strong>of</strong> <strong>the</strong> earthworks. Dust, unmanaged, has <strong>the</strong> potential to<br />
drift in an airborne manner onto adjacent properties and affect <strong>the</strong> amenity <strong>of</strong><br />
<strong>the</strong> owners/occupiers <strong>of</strong> <strong>the</strong>se. This potential adverse effect will need to be<br />
appropriately managed to maintain <strong>the</strong>ir amenity.<br />
4.50 Operation <strong>of</strong> <strong>the</strong> roads will result in vehicle traffic noise. Traffic noise <strong>of</strong> an<br />
adverse level that is not appropriately mitigated has <strong>the</strong> potential to result in a<br />
reduction in amenity values. It is noted that <strong>the</strong> NoR's include mitigation<br />
measures to address this in <strong>the</strong> form <strong>of</strong> a combination <strong>of</strong> noise bunds and<br />
barriers. These are proposed in both a rural area (Flightys Road – Sheet GM10)<br />
as well as residential areas (Maraeroa Marae – Sheet GM15, Awatea Street –<br />
Sheet GM 20). It is also noted that Policy 7.1.3 seeks to avoid, remedy or<br />
mitigate adverse environmental effects <strong>of</strong> <strong>the</strong> transportation network on <strong>the</strong><br />
environment which includes <strong>the</strong> effects on amenity from <strong>the</strong> construction <strong>of</strong><br />
new roads such as that proposed.<br />
4.51 Policy C4A.3.6.3 seeks that upgraded vehicle accesses to or from Belmont Road<br />
and TGM is limited. This provision has been included in <strong>the</strong> District Plan due<br />
to potential adverse effects on <strong>the</strong> amenity <strong>of</strong> Belmont Road and <strong>the</strong> area<br />
identified as Judgeford Hills Zone if <strong>the</strong>re were to be o<strong>the</strong>rwise increased traffic<br />
through this area. It is noted that access into this area will not be possible due to<br />
TGM be constructed to Motorway standard.<br />
Noise<br />
4.52 An objective <strong>of</strong> <strong>the</strong> District Plan is to minimise <strong>the</strong> adverse effects <strong>of</strong> noise<br />
(Objective 10.1) which includes protecting <strong>the</strong> natural and physical environment<br />
from unreasonable noise to maintain and enhance amenity values (policy<br />
C11.1.1). This will also promote peoples health (policy C11.1.2).<br />
4.53 As identified in paragraph 4.46 <strong>the</strong>re are effects associated with construction<br />
noise as well as in paragraph 4.50 <strong>the</strong> effects <strong>of</strong> <strong>the</strong> operation <strong>of</strong> <strong>the</strong> road. The<br />
effects <strong>of</strong> noise, if not properly managed, have <strong>the</strong> potential to pose a risk to<br />
people's health. Given <strong>the</strong> close proximity <strong>of</strong> some residential areas, as well as<br />
individual residences, <strong>the</strong> effects <strong>of</strong> noise in terms <strong>of</strong> health and people's<br />
amenity should be taken into account both during <strong>the</strong> construction <strong>of</strong> <strong>the</strong> roads<br />
and during <strong>the</strong>ir operation after construction.<br />
Visual Effects<br />
4.54 Policy C4.2.1 <strong>of</strong> <strong>the</strong> Rural Zone seeks to manage <strong>the</strong> environmental effects <strong>of</strong><br />
buildings including visual effects. This policy is considered applicable due to<br />
20 Section 8.6 <strong>of</strong> <strong>the</strong> assessment <strong>of</strong> environmental effects.<br />
17
<strong>the</strong> proposed establishment <strong>of</strong> <strong>the</strong> Site Compounds at Lanes Flat and<br />
Paekakariki Hill Road. The concrete batching plant to be located within a 10<br />
metre high shed at <strong>the</strong> Lanes Flat Site Compound has <strong>the</strong> potential for visual<br />
effects.<br />
4.55 Objective C4A.3.5.1 <strong>of</strong> <strong>the</strong> Judgeford Hills Zone seeks to minimise any adverse<br />
visual effects on <strong>the</strong> surrounding landscape and natural character. Policy<br />
C4A.3.5.2 specifically recognises <strong>the</strong> effects <strong>of</strong> TGM on landscape and natural<br />
character. It is understood that <strong>the</strong> James Cook Interchange as shown on Map<br />
GM 14 is located within <strong>the</strong> Judgeford Hills Zone. It is considered that Policy<br />
C4A.3.5.2 is seeking to afford recognition that <strong>the</strong> landscape and natural<br />
character will be altered by TGM as covered by <strong>the</strong> existing designation K0405<br />
which is described in paragraph 7.1. It is also noted that TGM is identified on<br />
<strong>the</strong> Judgeford Hills Structure Plan (Drawing C905) and <strong>the</strong> James Cook<br />
Interchange Connection option (Page D4A-3) which form part <strong>of</strong> <strong>the</strong> Judgeford<br />
Hills Zone Rules (Section D4A <strong>of</strong> <strong>the</strong> <strong>Porirua</strong> <strong>City</strong> District Plan).<br />
Transportation<br />
4.56 As well as containing a policy to address <strong>the</strong> effects <strong>of</strong> transport on amenity as<br />
discussed in paragraph 4.50 above, <strong>the</strong> District Plan contains an Objective and<br />
Policies to address <strong>the</strong> various issues associated with <strong>the</strong> operation <strong>of</strong> <strong>the</strong><br />
transportation network. Objective C7.1 <strong>of</strong> <strong>the</strong> District Plan is to achieve a safe<br />
and efficient transport network without creating adverse environmental effects.<br />
4.57 Policy C7.1.1 seeks for <strong>the</strong> establishment <strong>of</strong> a roading hierarchy to manage <strong>the</strong><br />
effects <strong>of</strong> traffic and adjacent activities on each o<strong>the</strong>r. This is applicable with<br />
<strong>the</strong> identification <strong>of</strong> <strong>the</strong> main alignment (NoR3) as being for a Motorway 21 ,<br />
Kenepuru Link Road (NoR5) as being State Highway 22 . The <strong>Porirua</strong> Link<br />
Roads (NoR's 7 & 8) are identified in Sections 7.2.1 and 7.3.3 as being designed<br />
to 'local road standards'. It is noted that Sheet No. GM23 Version No.B 23 has<br />
included a Cross Section <strong>of</strong> <strong>the</strong> PCC Link Roads displaying <strong>the</strong>m as "Rural<br />
Minor Arterial". Confirmation <strong>of</strong> <strong>the</strong> design/construction standard for <strong>the</strong><br />
<strong>Porirua</strong> Link Roads in <strong>the</strong> District Plan will contribute towards this policy. This<br />
policy is also applicable in informing <strong>the</strong> appropriateness <strong>of</strong> <strong>the</strong> various<br />
types/numbers <strong>of</strong> vehicle movements that will occur on <strong>the</strong> affected roads as<br />
part <strong>of</strong> <strong>the</strong> construction <strong>of</strong> TGP as defined by <strong>the</strong> hierarchy. For instance heavy<br />
vehicle movements may well be more appropriate on an Arterial Road as<br />
opposed to a Local road. This policy is also considered to be applicable in<br />
guiding <strong>the</strong> consideration <strong>of</strong> <strong>the</strong> distributional traffic effects that may occur as a<br />
result <strong>of</strong> <strong>the</strong> construction and operation <strong>of</strong> <strong>the</strong> various NoR's including<br />
maintenance <strong>of</strong> 'downstream' intersection efficiency.<br />
4.58 Policy C7.1.3 is also applicable in a general environmental effects basis. The<br />
Principal Reason for this policy is to take into account environmental<br />
considerations when determining a new proposed road such as those that are <strong>the</strong><br />
subject <strong>of</strong> TGP. The Principal Reason identifies effects such as those on<br />
neighbouring landuses, loss <strong>of</strong> sensitive ecosystems, increases in silt run-<strong>of</strong>f and<br />
21 Section 1.2.1 within Folder 1 <strong>of</strong> 2 <strong>of</strong> Volume 1: assessment <strong>of</strong> environmental effects report<br />
22 Section 1.2.2 within Folder 1 <strong>of</strong> 2 <strong>of</strong> Volume 1: assessment <strong>of</strong> environmental effects report<br />
23 Volume 4: Plan Set<br />
18
<strong>the</strong> loss <strong>of</strong> productive farmland and visual impact <strong>of</strong> roading development.<br />
These are all issues considered to be relevant to TGP.<br />
4.59 Policy C7.1.4 seeks to protect <strong>the</strong> corridors <strong>of</strong> existing and proposed major<br />
transport routes in <strong>the</strong> <strong>City</strong>. A method <strong>of</strong> achieving this is <strong>the</strong> designation<br />
process such as that proposed for TGP.<br />
4.60 Policy C7.1.5 seeks a strategic approach to roading improvements. The TGM is<br />
recognised by this policy as being <strong>the</strong> "most significant roading issue for <strong>the</strong><br />
<strong>City</strong>" 24 .<br />
4.61 Alternative forms <strong>of</strong> transport are encouraged in <strong>the</strong> form <strong>of</strong> bicycles (Policy<br />
C7.1.7) and public transport (Policy C7.1.8). Policy C7.1.7 seeks to make <strong>the</strong><br />
use <strong>of</strong> bicycles more convenient and safer. This policy will be applicable<br />
during both construction, such as <strong>the</strong> retention <strong>of</strong> cycle access along Kenepuru<br />
Drive, as well as provision for future cycle access on <strong>the</strong> <strong>Porirua</strong> Link Roads<br />
and passes under TGM.<br />
Wastewater<br />
4.62 Policy C4.2.3 requires a high standard <strong>of</strong> wastewater disposal. This policy is<br />
applicable to where <strong>the</strong>re will be construction workers ablutions facilities that<br />
will require appropriate management <strong>of</strong> wastewater such as at <strong>the</strong> Proposed Site<br />
Compound at Lanes Flat.<br />
Recreation and Open Space Values<br />
4.63 The explanation to Objective 4B.1, which aims to provide for suitable public<br />
open spaces and recreation areas, recognises <strong>the</strong> need for transport corridors to<br />
be sited within <strong>the</strong> Recreation and Public Open Space Zones. This is applicable<br />
in this case as TGM (NoR3) is proposed to go through <strong>the</strong>se zones. Policy<br />
4B.1.2, which seeks to provide for a limited range <strong>of</strong> non-recreation and noncommunity<br />
activities identifies that transport infrastructure, including<br />
recognition <strong>of</strong> its significance, may need to be located within <strong>the</strong>se zones.<br />
Tangata Whenua<br />
4.64 Objective 5.1 along with Policies 5.1.1, 5.1.3, 5.1.4, 5.15 and 5.1.6 all relate to<br />
<strong>the</strong> recognition <strong>of</strong> Te Runanga o Toa Rangatira as tangata whenua within<br />
<strong>Porirua</strong> <strong>City</strong> and <strong>the</strong>ir role in contributing to <strong>the</strong> management <strong>of</strong> resources<br />
within <strong>the</strong> city. As discussed previously, <strong>the</strong> Requiring Authority's<br />
commissioned a Cultural Impact Assessment from <strong>the</strong> tangata whenua. It is<br />
noted that <strong>the</strong> Cultural Impact Assessment seeks <strong>the</strong> ongoing relationship and<br />
involvement <strong>of</strong> tangata whenua as TGP progresses.<br />
24 Principal Reasons to Policy C7.1.5 <strong>of</strong> <strong>the</strong> <strong>Porirua</strong> <strong>City</strong> District Plan.<br />
19
Heritage<br />
4.65 Objective C8.1 and Policy C8.1.1 seek to protect significant heritage features<br />
within <strong>the</strong> <strong>City</strong>. In <strong>the</strong> case <strong>of</strong> this proposal, St Jospehs Catholic Church and<br />
Battle Hill Farm Forest Park have been identified in <strong>the</strong> District Plan as<br />
previously discussed in paragraph 4.23 as being worthy <strong>of</strong> protection under<br />
Policy C8.1.1. The effects <strong>of</strong> TGM on <strong>the</strong> heritage values <strong>of</strong> <strong>the</strong>se two features<br />
will need to be appropriately addressed.<br />
Flooding and Earthquake Risk<br />
4.66 Objective C12.1 and supporting Policies C12.1.2 – C12.1.5 address <strong>the</strong><br />
minimisation <strong>of</strong> risks from earthquakes to <strong>the</strong> wellbeing and safety <strong>of</strong> <strong>the</strong><br />
community. As identified in paragraph 4.16, <strong>the</strong> Ohariu fault line is located at<br />
<strong>the</strong> nor<strong>the</strong>rn end <strong>of</strong> NoR3. Also, areas south <strong>of</strong> Ranui, east <strong>of</strong> Maraeroa Marae,<br />
Lanes Flat and <strong>the</strong> Ohariu Fault Line are identified as Seismic Hazard Areas in<br />
<strong>the</strong> <strong>Porirua</strong> <strong>City</strong> District Plan.<br />
4.67 Policy C12.1.2 seeks to avoid structural damage to buildings and utility<br />
services. Policy C12.1.3 seeks to minimise <strong>the</strong> disruption to activities <strong>of</strong><br />
community significance from an earthquake event. Policy C12.1.4 seeks to<br />
manage <strong>the</strong> risk <strong>of</strong> activities to ground liquefaction. Policy C12.1.5 seeks to<br />
minimise <strong>the</strong> effects <strong>of</strong> ground damage from land instability as a result <strong>of</strong><br />
earthquakes. These provisions are considered to be applicable, both in terms <strong>of</strong><br />
<strong>the</strong> manner in which TGM is designed as well as providing for its ongoing<br />
operation after an earthquake event.<br />
4.68 Objective C12.2 and Policy C12.2.1 relate to <strong>the</strong> effects flood hazards pose to<br />
<strong>the</strong> proposed development on <strong>the</strong> land as well as <strong>the</strong> potential effects <strong>the</strong><br />
development may have on <strong>the</strong> flood hazard to <strong>the</strong> surrounding environment.<br />
Properties fronting Kenepuru Drive within <strong>the</strong> vicinity <strong>of</strong> <strong>the</strong> Kenepuru Link<br />
Road (NoR5) and Lanes Flat are identified in <strong>Council</strong>'s GIS as being subject to<br />
Overland Flow Ponding. Also <strong>the</strong>re are a number <strong>of</strong> overland flow-paths<br />
identified throughout <strong>the</strong> route.<br />
4.69 Policy C12.2.1 is applicable to <strong>the</strong> design measures associated with <strong>the</strong> various<br />
features <strong>of</strong> TGP including <strong>the</strong> roads, fill areas and Lanes Flat Site Compound.<br />
These design measures will be applicable in <strong>the</strong> sense <strong>of</strong> <strong>the</strong> risk posed by<br />
flooding to <strong>the</strong>se features as well as <strong>the</strong> effects that <strong>the</strong> construction <strong>of</strong> TGP<br />
may pose to adjacent properties from increased flooding risk.<br />
Contamination and Hazardous Substances<br />
4.70 Objective C15.1 relates to preventing or mitigating <strong>the</strong> adverse effects<br />
associated with hazardous substances.<br />
4.71 Policy C15.1.1 seeks to control <strong>the</strong> location <strong>of</strong> facilities involving <strong>the</strong> storage <strong>of</strong><br />
hazardous substances. This provision is potentially applicable due to <strong>the</strong> Fuel<br />
Storage, depending on its size, identified within <strong>the</strong> Lanes Flat Site<br />
Compound 25 . O<strong>the</strong>r hazardous substances may be stored as part <strong>of</strong> <strong>the</strong><br />
construction <strong>of</strong> TGP also.<br />
25 Figure 8.1 within Folder 1 <strong>of</strong> 2 <strong>of</strong> Volume 1: assessment <strong>of</strong> environmental effects report.<br />
20
4.72 Policy C15.1.4 seeks to control activities that could be adversely affected by<br />
contaminated sites. Two potentially contaminated sites are identified within <strong>the</strong><br />
route on <strong>Council</strong>'s GIS both in <strong>the</strong> sou<strong>the</strong>rn portion <strong>of</strong> <strong>the</strong> main alignment<br />
(NoR3). These two sites are Lot 6 DP 78422 (south <strong>of</strong> Ribbonwood Terrace)<br />
and Pt Lot 1 DP 28193 (<strong>Porirua</strong> Park) both being identified as former landfills.<br />
There is also <strong>the</strong> potential for o<strong>the</strong>r land that may be contaminated. This policy<br />
is applicable to <strong>the</strong> appropriate management <strong>of</strong> contaminated material including<br />
<strong>the</strong> disturbance <strong>of</strong> and appropriate remediation prior to being deposited as fill<br />
material.<br />
Transpower application<br />
4.73 As part <strong>of</strong> <strong>the</strong> application for resource consent by Transpower, <strong>the</strong> following are<br />
considered to be <strong>the</strong> relevant statutory documents:<br />
• National Policy Statement on Electricity Transmission;<br />
• <strong>Porirua</strong> <strong>City</strong> District Plan<br />
4.74 It is noted that Transpower have applied for resource consents under <strong>the</strong><br />
Resource Management (National <strong>Environmental</strong> Standards for Electricity<br />
Transmission Activities) Regulations 2009 (NESETA). There is no scope<br />
within this particular regulation for allowing for rules in <strong>the</strong> District Plan or a<br />
resource consent to be more stringent than it 26 . Therefore in assessing <strong>the</strong><br />
Transpower application, <strong>the</strong> applicable rules are solely those contained within<br />
<strong>the</strong> aforementioned 2009 Regulations. The District Plan provisions are only<br />
considered to be relevant to this proposal in terms <strong>of</strong> identification <strong>of</strong> possible<br />
applicable objectives and policies.<br />
4.75 In is noted that Technical <strong>Report</strong> 21 27 <strong>of</strong> <strong>the</strong> application material contains<br />
provisions that <strong>the</strong> NZTA and PCC consider relevant to <strong>the</strong> various NoR's. It is<br />
also noted that Transpower New Zealand have identified 28 what provisions <strong>the</strong>y<br />
consider to be relevant to <strong>the</strong> application for resource consent.<br />
4.76 In Appendix A, Objective 14.1 along with Policies 14.1.1, 14.1.2 and 14.1.4(a)<br />
<strong>of</strong> <strong>the</strong> <strong>Porirua</strong> <strong>City</strong> District Plan have been listed as being relevant to <strong>the</strong><br />
proposed relocation <strong>of</strong> <strong>the</strong> transmission lines. However it is considered that due<br />
to <strong>the</strong> dominant status <strong>of</strong> <strong>the</strong> NESETA and supporting National Policy<br />
Statement on Electricity Transmission that little if no weight should be placed<br />
on <strong>the</strong>se District Plan provisions.<br />
4.77 The National Policy Statement on Electricity Transmission (NPSET) contains<br />
Objective and Policies which it is considered are <strong>the</strong> relevant provisions to <strong>the</strong><br />
Transpower resource consent application. The provisions, considered to be<br />
specifically relevant to this proposal are <strong>the</strong> sole Objective and Policies 1 - 8.<br />
The Objective <strong>of</strong> <strong>the</strong> NPSET is to recognise <strong>the</strong> national significance <strong>of</strong> <strong>the</strong><br />
electricity transmission network such as <strong>the</strong> line that is <strong>the</strong> subject <strong>of</strong> this<br />
26 Section 43B(1) <strong>of</strong> <strong>the</strong> Resource Management Act 1991<br />
27 Technical report 21: Transmission Gully Project – Statutory provision report contained within<br />
Volume 3: Technical reports and supporting documents Folder 7 <strong>of</strong> 7<br />
28 See section 9.2 (Volume 6: Transmission Line Relocation Project) <strong>of</strong> <strong>the</strong> Assessment <strong>of</strong> Effects on<br />
<strong>the</strong> Environment dated 8 August 2011 Transpower Resource Consent Application<br />
21
application whilst managing its adverse environmental effects as well as<br />
potential adverse effects upon it from nearby activities.<br />
4.78 The NPSET contains policies that are relevant to <strong>the</strong> Transpower resource<br />
consent. Policy 1 relates to <strong>the</strong> recognition <strong>of</strong> <strong>the</strong> benefits <strong>of</strong> <strong>the</strong> provision <strong>of</strong><br />
electricity transmission including maintaining security <strong>of</strong> supply and effective<br />
operation.<br />
4.79 Policies 2 – 8 <strong>of</strong> <strong>the</strong> NPSET are also relevant to <strong>the</strong> Transpower resource<br />
consent. These policies cover a combination <strong>of</strong> <strong>the</strong> managing <strong>of</strong> <strong>the</strong> effects on<br />
<strong>the</strong> environment <strong>of</strong> transmission line activities whilst affording recognition for<br />
such activities.<br />
5 SUMMARY OF CONSENTS<br />
5.1 There are potentially some applications for landuse resource consent required<br />
under <strong>the</strong> provisions <strong>of</strong> <strong>the</strong> <strong>Porirua</strong> <strong>City</strong> District Plan also. These relate to <strong>the</strong><br />
undertaking <strong>of</strong> Earthworks in <strong>the</strong> Rural Zone for <strong>the</strong> construction <strong>of</strong> <strong>the</strong><br />
"Proposed Track after Construction" which is partially located outside <strong>of</strong> <strong>the</strong><br />
designation as shown on Sheet AC09 (Construction Access Plans). Also new<br />
vehicle crossings onto roads in <strong>the</strong> Rural Zone require ei<strong>the</strong>r Controlled Activity<br />
land use consent 29 (<strong>of</strong>f PCC roads) or Discretionary land use consent (<strong>of</strong>f State<br />
Highways) 30 . It is considered that applications for <strong>the</strong>se could be deferred to<br />
into <strong>the</strong> future once final design <strong>of</strong> <strong>the</strong> construction works is completed.<br />
5.2 It is quite probable that an application for resource consent may be required in<br />
<strong>the</strong> future for <strong>the</strong> re-establishment <strong>of</strong> <strong>the</strong> <strong>Porirua</strong> Gun Club on ano<strong>the</strong>r site. The<br />
<strong>Porirua</strong> Gun Club will no longer be able to occupy this site should <strong>the</strong> proposed<br />
NoR be approved and given effect to. It is not considered that this is necessary<br />
to be applied for as part <strong>of</strong> <strong>the</strong> current proposal and probably not appropriate<br />
given that <strong>the</strong>y may well not have confirmed an alternative site yet.<br />
5.3 Depending on <strong>the</strong> location <strong>of</strong> <strong>the</strong> proposals identified above, as well as<br />
applicable District Plan provisions, <strong>the</strong>re may be a need to obtain affected<br />
persons approvals (Section 95E <strong>of</strong> <strong>the</strong> Resource Management Act 1991) and/or<br />
that <strong>the</strong> matter is potentially processed on a notified/limited basis. This is<br />
potentially more likely to be <strong>the</strong> case in <strong>the</strong> instance <strong>of</strong> a resource consent<br />
application for <strong>the</strong> re-establishment <strong>of</strong> <strong>the</strong> gun club being applied for due to<br />
such effects as noise.<br />
6 PERMITTED BASELINE AND EXISTING ENVIRONMENT<br />
6.1 As part <strong>of</strong> <strong>the</strong> commissioning <strong>of</strong> this report, <strong>the</strong> EPA has requested <strong>the</strong><br />
provision <strong>of</strong> details <strong>of</strong> <strong>the</strong> permitted baseline and existing environment for <strong>the</strong><br />
resource consents applied for within PCC's jurisdiction. The EPA has also<br />
29 Rule D4.1.2(iv) <strong>of</strong> <strong>the</strong> <strong>Porirua</strong> <strong>City</strong> District Plan.<br />
30 Rule D4.1.4(iv) <strong>of</strong> <strong>the</strong> <strong>Porirua</strong> <strong>City</strong> District Plan.<br />
22
equested comment on whe<strong>the</strong>r <strong>the</strong> ability to give effect to <strong>the</strong>se resource<br />
consents will be affected by <strong>the</strong> resource consents applied for.<br />
6.2 The only resource consent that has been applied for, that is within <strong>the</strong> territorial<br />
authority boundary <strong>of</strong>, and is within <strong>the</strong> Functions 31 <strong>of</strong> <strong>Porirua</strong> <strong>City</strong> <strong>Council</strong> is<br />
<strong>the</strong> application by Transpower. In regard to <strong>the</strong> Transpower application, <strong>the</strong><br />
area that falls within <strong>the</strong> territorial boundary <strong>of</strong> <strong>Porirua</strong> <strong>City</strong> is that area covered<br />
from between Structure Numbers 11A and 12A to Structure 49 32 .<br />
Methodology utilised in preparing this section<br />
6.3 The permitted baseline and existing environment are considered to be two<br />
distinct concepts. The permitted baseline is those effects that are permitted by<br />
<strong>the</strong> District Plan and also, in this particular case, by <strong>the</strong> Resource Management<br />
(National <strong>Environmental</strong> Standards for Electricity Transmission Activities)<br />
Regulations 2009. The existing environment is considered to be just that,<br />
combined with anticipating effects that presently do not exist but may occur as<br />
<strong>of</strong> right and resource consents that have been approved that are likely to be<br />
given effect to. This approach is considered to be consistent with <strong>the</strong> Court <strong>of</strong><br />
Appeal decision in Queenstown-Lakes District <strong>Council</strong> vs Hawthorn Estate<br />
Limited and T Bailey and O<strong>the</strong>rs (CA45/05) where it was commented:<br />
"In our view, <strong>the</strong> word "environment" embraces <strong>the</strong> future state <strong>of</strong> <strong>the</strong><br />
environment as it might be modified by <strong>the</strong> utilisation <strong>of</strong> rights to carry out<br />
permitted activity under <strong>the</strong> district plan. It also includes <strong>the</strong> environment as it<br />
might be modified by <strong>the</strong> implementation <strong>of</strong> resource consents which have been<br />
granted at <strong>the</strong> time a particular application is considered, where it appears<br />
likely that those resource consents will be implemented." 33<br />
6.4 Therefore to assist in informing <strong>the</strong> description <strong>of</strong> <strong>the</strong> environment <strong>the</strong><br />
following methodology has been followed:<br />
• Identification <strong>of</strong> properties for which it is to proposed to relocate <strong>the</strong><br />
transmission lines and associated structures;<br />
• Identification <strong>of</strong> adjoining properties;<br />
• Identification <strong>of</strong> resource consents on <strong>the</strong> land identified as per <strong>the</strong> first<br />
two bullet points that have been granted that have not expired and have<br />
yet to be given effect to;<br />
• Comment on whe<strong>the</strong>r it appears likely that those resource consents that<br />
have been granted will be implemented.<br />
• Identification <strong>of</strong> underlying zoning and applicable Permitted Activities;<br />
• Analysis <strong>of</strong> 2010 aerial photographs.<br />
A site visit was also undertaken on 16 June 2011 as part <strong>of</strong> <strong>the</strong> pre-lodgement<br />
work commissioned by <strong>the</strong> EPA on TGP.<br />
31<br />
Section 31 <strong>of</strong> <strong>the</strong> Resource Management Act 1991<br />
32<br />
Schedule <strong>of</strong> Changes to Transmission Line Support Structures – Appendix B <strong>of</strong> Transpower resource<br />
consent application.<br />
33<br />
Para 84 <strong>of</strong> <strong>the</strong> decision <strong>of</strong> <strong>the</strong> Court <strong>of</strong> Appeal CA45/05<br />
23
Permitted Baseline<br />
6.5 Provision is made for network utilities that existed at <strong>the</strong> time <strong>of</strong> notification <strong>of</strong><br />
<strong>the</strong> <strong>Porirua</strong> <strong>City</strong> are provided for as a Permitted Activity (Rule D4.1.1(ii)) in <strong>the</strong><br />
Rural Zone and prior to 22 September 2007 in <strong>the</strong> Public Open Space Zone<br />
(Rule DC.1.1(xii)). Irrespective to when <strong>the</strong> existing transmission lines that are<br />
<strong>the</strong> subject <strong>of</strong> <strong>the</strong> Transpower application were established, <strong>the</strong> rules in <strong>the</strong><br />
Resource Management (National <strong>Environmental</strong> Standards for Electricity<br />
Activities) Regulations 2009 (NESETA) supersede <strong>the</strong>se two rules. For this<br />
reason it is considered that it is <strong>the</strong> NESETA that sets <strong>the</strong> 'permitted baseline'<br />
ra<strong>the</strong>r than <strong>the</strong> District Plan in relation to existing transmission lines.<br />
6.6 Regulation 14 <strong>of</strong> <strong>the</strong> NESETA provides for <strong>the</strong> relocation <strong>of</strong> Transmission Line<br />
towers subject to compliance with identified sub-clauses. These provisions are<br />
summarised in Section 4.2.2 <strong>of</strong> <strong>the</strong> assessment <strong>of</strong> environmental effects<br />
accompanying <strong>the</strong> Transpower application. It is considered that <strong>the</strong> parameters<br />
set out in <strong>the</strong> NESETA for permitted activities establish <strong>the</strong> permitted baseline<br />
<strong>of</strong> environmental effects that may occur in relation to <strong>the</strong> relocation <strong>of</strong><br />
transmission towers. It is acknowledged that <strong>the</strong> NESETA only applies to<br />
existing transmission lines.<br />
6.7 No provision is made for new network utilities outside <strong>of</strong> a road as a Permitted<br />
Activities in ei<strong>the</strong>r Zone in <strong>the</strong> District Plan. Those network utilities located<br />
within a Rural zoned road that include lines conveying electricity up to and<br />
including 110kV are permitted where <strong>the</strong> support structure does not exceed 10<br />
metres in height or 2 metres in diameter. New aboveground lines for conveying<br />
electricity at a voltage above 110kV, or with a design capacity above 100MVA<br />
per circuit in <strong>the</strong> Rural Zone are not provided for as a Permitted Activity by <strong>the</strong><br />
District Plan. Likewise, new above-ground lines for conveying electricity at a<br />
voltage above 110kV are not provided as a Permitted Activity in <strong>the</strong> Public<br />
Open Space Zone.<br />
6.8 It is not considered that <strong>the</strong>re are any activities permitted in <strong>the</strong> Rural or Open<br />
Space Zones by <strong>the</strong> District Plan that are <strong>of</strong> a comparative nature to <strong>the</strong><br />
proposed transmission line relocation. Fur<strong>the</strong>rmore, it is considered that any<br />
activities involving establishment <strong>of</strong> new transmission lines provided for as a<br />
Permitted Activity by <strong>the</strong> District Plan are <strong>of</strong> a relatively modest nature due to<br />
<strong>the</strong> limitation <strong>of</strong> <strong>the</strong> scale <strong>of</strong> <strong>the</strong> associated support structures compared to <strong>the</strong><br />
scale <strong>of</strong> <strong>the</strong> effects associated with <strong>the</strong> proposed relocation <strong>of</strong> <strong>the</strong> transmission<br />
line.<br />
6.9 It is <strong>the</strong>refore considered that it is only <strong>the</strong> effects permitted by <strong>the</strong> NESETA<br />
which are relevant in determining <strong>the</strong> 'permitted baseline'. No comparison has<br />
been sought by <strong>the</strong> EPA for a comparison <strong>of</strong> <strong>the</strong> effects <strong>of</strong> <strong>the</strong> proposed<br />
transmission line relocation with <strong>the</strong> 'permitted baseline' <strong>of</strong> effects.<br />
Existing Resource Consents on Subject Land<br />
6.10 The properties that are <strong>the</strong> subject <strong>of</strong> <strong>the</strong> application for resource consent are<br />
identified in <strong>the</strong> From 9 attaching to <strong>the</strong> Transpower application 34 . A search <strong>of</strong><br />
34 Contained in Volume 6: Transmission Line Relocation Project<br />
24
<strong>the</strong> <strong>Council</strong>'s resource consent database was undertaken and it has been<br />
identified that <strong>the</strong>re are no resource consents that have been issued that have yet<br />
to expire. There are no current applications for resource consent upon <strong>the</strong>m at<br />
<strong>the</strong> time <strong>of</strong> writing <strong>of</strong> this report.<br />
Existing Resource Consents on Land Adjoining Subject sites<br />
6.11 In terms <strong>of</strong> properties adjoining <strong>the</strong> land that is <strong>the</strong> subject <strong>of</strong> <strong>the</strong> Transpower<br />
application, <strong>the</strong> resource consents that have been applied for on <strong>the</strong> identified<br />
land and <strong>the</strong>ir status are in Table 1.<br />
6.12 In regards to <strong>the</strong> accessory building which was to have a height <strong>of</strong><br />
approximately 5.5 metres that was granted resource consent (RC4846) at 298C<br />
Paekakariki Hill Road, <strong>the</strong> Building Consent (BCA098807) was granted but has<br />
expired. This accessory building is approved to be co-located with an existing<br />
accessory building approximately 700 meters from Tower 39 shown on Sheet<br />
No GM10 35 . It is considered that due to <strong>the</strong> required building consent being<br />
allowed to expire that it is not appropriate to consider that it is likely that<br />
RC4846 will be implemented. In any case given <strong>the</strong> 700 metre separation<br />
distance from Tower 39 it is not considered that this would have formed part <strong>of</strong><br />
<strong>the</strong> immediate environment in this area. For <strong>the</strong>se reasons it is not considered<br />
that RC4846 should be taken into account when assessing <strong>the</strong> effects on <strong>the</strong><br />
environment <strong>of</strong> <strong>the</strong> Transpower proposal.<br />
6.13 In regards to <strong>the</strong> subdivision <strong>of</strong> 55 Jones Deviation (RC4206), an extension <strong>of</strong><br />
time 36 was granted in April 2011. Two allotments are proposed to be created<br />
out <strong>of</strong> an existing single Site for which an indicative building platform is<br />
identified on each approved lot. Given that <strong>the</strong> current owner is <strong>the</strong> same<br />
person who originally applied for <strong>the</strong> resource consent, and that <strong>the</strong> <strong>Council</strong> has<br />
determined, through <strong>the</strong> issuing <strong>of</strong> an extension <strong>of</strong> time that 'substantial progress<br />
has and continues to be made' towards giving effect to <strong>the</strong> consent that it is<br />
likely that this subdivision will be given effect to and <strong>the</strong>refore <strong>the</strong> existence <strong>of</strong><br />
two allotments, ra<strong>the</strong>r than <strong>the</strong> present one, can be taken into account in<br />
assessing <strong>the</strong> effects <strong>of</strong> <strong>the</strong> Transpower proposal upon <strong>the</strong> adjoining receiving<br />
environment. No applications for landuse consent have been applied for to<br />
construct a building on ei<strong>the</strong>r <strong>of</strong> <strong>the</strong>se consented allotments though should<br />
ultimately Certificates <strong>of</strong> Title be obtained for <strong>the</strong>m it is considered reasonable<br />
to assume that a future dwelling will be constructed upon <strong>the</strong>m. However it is<br />
noted that under <strong>the</strong> current provisions <strong>of</strong> <strong>the</strong> <strong>Porirua</strong> <strong>City</strong> District Plan, a<br />
resource consent would be required to construct a dwelling on ei<strong>the</strong>r allotment<br />
ei<strong>the</strong>r as a Controlled Activity 37 or Discretionary Activity 38 depending on<br />
compliance with <strong>the</strong> Rural Zone Permitted Activity standards 39 . Therefore it is<br />
considered that due to <strong>the</strong> construction <strong>of</strong> dwellings on each allotment, not<br />
being permitted activities, that it would be inappropriate to consider <strong>the</strong>se<br />
potential future buildings as forming part <strong>of</strong> <strong>the</strong> environment in considering <strong>the</strong><br />
Transpower application.<br />
35 Sheet GM10 Version No.B in Volume 4: Plan Set.<br />
36 Pursuant to Section 125 (Lapsing <strong>of</strong> Consent) <strong>of</strong> <strong>the</strong> Resource Management Act 1991<br />
37 Rule D4.1.2(i) <strong>of</strong> <strong>the</strong> <strong>Porirua</strong> <strong>City</strong> District Plan<br />
38 Rule D4.1.4(i) <strong>of</strong> <strong>the</strong> <strong>Porirua</strong> <strong>City</strong> District Plan<br />
39 Rule D4.2 <strong>of</strong> <strong>the</strong> <strong>Porirua</strong> <strong>City</strong> District Plan.<br />
25
6.14 The approved subdivision (RC4136) <strong>of</strong> 850A Paekakariki Hill Road, is to be<br />
undertaken in three stages creating seven allotments. Stage one, being <strong>the</strong><br />
creation <strong>of</strong> Lot 2 DP 389851, has been completed leaving <strong>the</strong> balance lot being<br />
Pt Lot 101 DP 389851. Approved Lot 7 was covered by <strong>the</strong> original<br />
Transmission Gully Designation and has been acquired by <strong>the</strong> New Zealand<br />
Transport Agency. There are a remainder <strong>of</strong> five allotments still to be created.<br />
An extension <strong>of</strong> time 12 has been granted for giving effect to this subdivision<br />
resource consent. Based on <strong>the</strong> issuing <strong>of</strong> an extension <strong>of</strong> time it is considered<br />
that it is likely that this subdivision will be given effect to and <strong>the</strong>refore <strong>the</strong><br />
existence <strong>of</strong> five additional allotments, ra<strong>the</strong>r than <strong>the</strong> present one, can be taken<br />
into account in assessing <strong>the</strong> effects <strong>of</strong> <strong>the</strong> Transpower proposal upon <strong>the</strong><br />
adjoining receiving environment. For <strong>the</strong> same reasons as outlined in paragraph<br />
6.13 it is considered that it would be inappropriate to consider future potential<br />
buildings as forming part <strong>of</strong> <strong>the</strong> environment.<br />
6.15 Given <strong>the</strong> nature <strong>of</strong> <strong>the</strong> resource consents that have been granted and <strong>the</strong><br />
separation distance <strong>of</strong> <strong>the</strong> sites on which <strong>the</strong>y are located from <strong>the</strong> proposed<br />
transmission line, it is not considered that <strong>the</strong> ability to give effect to <strong>the</strong>m will<br />
be affected by <strong>the</strong> Transpower proposal. Fur<strong>the</strong>rmore it should still be feasible<br />
to construct a dwelling on each <strong>of</strong> <strong>the</strong> new allotments likely to be created<br />
despite <strong>the</strong> presence <strong>of</strong> <strong>the</strong> relocated transmission lines because <strong>of</strong> this<br />
separation distance.<br />
26
Address Owners Legal desc. RC# Date granted Status Description<br />
850C Paekakariki<br />
Hill Road<br />
C & R Draper Pt Lot 101 DP<br />
389851<br />
RC4136 27/01/06 Current (expires on<br />
12/02/14)<br />
Staged 7 lot<br />
subdivision and<br />
landuse consent for<br />
associated<br />
earthworks<br />
289C Paekakariki Y & K Williams- Lot 2 DP 303397 RC4846 01/07/07 Current Construct an<br />
Hill Road Elliott<br />
accessory building<br />
55 Jones Deviation D Barton Lot 4 DP 85032 RC4206 06/03/06 Current (expires on 2 lot subdivision<br />
06/03/16) and landuse<br />
consent<br />
associated<br />
earthworks<br />
for<br />
27
Underlying Zoning<br />
6.16 The proposed transmission line relocation traverses two zones being <strong>the</strong> Rural<br />
and Public Open Space Zones. The activities that may be undertaken as<br />
Permitted Activities are viewable on <strong>the</strong> links attached as Appendix B.<br />
6.17 The predominant activity that is permitted in <strong>the</strong> Rural Zone is Primary<br />
Production Activities 40 (Rule D4.1.1(i)). It is also noted that up to one hectare<br />
or production forestry can be removed as a Permitted Activity (Rule D4.1.1(x))<br />
also.<br />
6.18 The Public Open Space Zone applies to Battle Hill Forest Farm Park which has<br />
Tower's 27 and 30 within it. Like <strong>the</strong> Rural Zone, Primary Production<br />
Activities are permitted in this zone (Rule D4C.1.1(v)). Also various recreation,<br />
community and environmental enhancement related activities are permitted. It<br />
is also noted that Buildings up to 8 metres in height are permitted within <strong>the</strong><br />
Battle Hill Forest Farm Park (Rule D4C.2.1).<br />
Analysis <strong>of</strong> Aerial Photographs<br />
6.19 The <strong>Porirua</strong> <strong>City</strong> <strong>Council</strong> commissioned aerial photographs that were flown in<br />
February 2010. Also <strong>the</strong> author <strong>of</strong> this report attended a site visit on 16 June<br />
2011 as part <strong>of</strong> <strong>the</strong> completeness check work commissioned by <strong>the</strong> EPA.<br />
Utilising <strong>the</strong> combination <strong>of</strong> <strong>the</strong> observations made on <strong>the</strong> site visit and viewing<br />
<strong>the</strong> aerial photography it is considered that a basic description <strong>of</strong> <strong>the</strong><br />
environment can be provided as follows.<br />
6.20 The nor<strong>the</strong>rn reaches (chainage 5000m – 10,000m as identified on Sheet's<br />
GM04 – GM07 41 ) are rural in nature and sparsely populated with few buildings,<br />
if any within <strong>the</strong> location <strong>of</strong> <strong>the</strong> existing transmission lines or <strong>the</strong>ir new<br />
proposed location. The nearest dwelling, at 874 Paekakariki Hill Road is<br />
approximately 850 meters from <strong>the</strong> nearest tower being Tower 23. To <strong>the</strong> east<br />
<strong>of</strong> <strong>the</strong> transmission line is uninhabited land that is ei<strong>the</strong>r covered in pasture or<br />
vegetation.<br />
6.21 From approximately chainage 10000m to 11500m, is <strong>the</strong> Battle Hill Forest<br />
Farm Park. This is rural in nature and is predominantly covered in pasture with<br />
vegetation to <strong>the</strong> east. Minimal changes to <strong>the</strong> transmission line are occurring<br />
within <strong>the</strong> Battle Hill Forest Farm Park.<br />
6.22 The area covered by <strong>the</strong> next portion <strong>of</strong> transmission line to be relocated, being<br />
between Towers 30 – 33A is rural in nature though it is noted that <strong>the</strong>re is a<br />
difference in nearby dwellings, both in density as well as proximity, compared<br />
to <strong>the</strong> areas previously described. There is a residential dwelling (548<br />
Paekakariki Hill Road) located within approximately 60 metres <strong>of</strong> <strong>the</strong><br />
transmission line and 3 o<strong>the</strong>r dwellings (at 516, 510 and 504 Paekakariki Hill<br />
Road) within approximately 150 – 200 metres west <strong>of</strong> <strong>the</strong> existing transmission<br />
line. To <strong>the</strong> east <strong>of</strong> <strong>the</strong>se towers is vegetation.<br />
40 See Page M-19 <strong>of</strong> <strong>the</strong> <strong>Porirua</strong> <strong>City</strong> District Plan for a definition.<br />
41 Sheets GM04 – GM07 version No.B in Volume 4: Plan Set <strong>of</strong> TGP application<br />
28
6.23 The final area covered by <strong>the</strong> relocated transmission line is from Towers 39 to<br />
44. The difference between this area and <strong>the</strong> previous described areas is that<br />
dwellings adjacent to <strong>the</strong> route are located to <strong>the</strong> east <strong>of</strong> <strong>the</strong> line as opposed to<br />
<strong>the</strong> west. This area is still overall rural in nature. Flightys Road is located to<br />
<strong>the</strong> east <strong>of</strong> <strong>the</strong> proposed transmission line route. Flightys Road, particularly its<br />
nor<strong>the</strong>rn end adjacent to <strong>the</strong> east <strong>of</strong> <strong>the</strong> proposal is what could be termed a 'low<br />
density rural lifestyle area' characterised by sites approximately 5 – 6 hectares in<br />
area. To <strong>the</strong> west <strong>of</strong> <strong>the</strong> transmission line is production forest.<br />
Summary <strong>of</strong> Existing Environment<br />
6.24 The existing environment is predominantly rural for which <strong>the</strong>re is an existing<br />
transmission line located within <strong>the</strong> general vicinity <strong>of</strong> <strong>the</strong> proposed TGP route.<br />
However within this rural environment <strong>the</strong>re is an increase in density <strong>of</strong><br />
residential activity adjacent to <strong>the</strong> altered transmission line route from <strong>the</strong><br />
nor<strong>the</strong>rn end to <strong>the</strong> sou<strong>the</strong>rn end. There are some sites that have resource<br />
consent approvals which are likely to be given effect to in <strong>the</strong> future which may<br />
ultimately lead to several additional dwellings adjacent to <strong>the</strong> transmission lines<br />
but it is considered that <strong>the</strong> environment will still be predominantly rural in<br />
nature. The relative closeness <strong>of</strong> <strong>the</strong> existing dwellings identified in paragraphs<br />
6.22 and 6.23 means that <strong>the</strong>y may be more sensitive to <strong>the</strong> effects <strong>of</strong> <strong>the</strong><br />
relocation <strong>of</strong> <strong>the</strong> transmission line compared to properties located at <strong>the</strong><br />
'nor<strong>the</strong>rn end'.<br />
6.25 In describing <strong>the</strong> existing environment it is noted that <strong>the</strong>re is an existing<br />
designation for TGM 42 . However given that this existing designation is unlikely<br />
to be given effect, based on <strong>the</strong> lodgement <strong>of</strong> a replacement Notice <strong>of</strong><br />
Requirement that is being concurrently considered with <strong>the</strong> Transpower<br />
resource consent, it is not considered appropriate to include TGM as forming<br />
part <strong>of</strong> <strong>the</strong> existing environment. This comment is limited to <strong>the</strong> provision <strong>of</strong><br />
comment on <strong>the</strong> resource consent application by Transpower as requested by <strong>the</strong><br />
EPA.<br />
Sensitive Land Uses<br />
6.26 A sensitive land use is defined as including <strong>the</strong> "use <strong>of</strong> land for a childcare<br />
facility, school, residential building, or hospital. 43 " The only sensitive land use<br />
within <strong>the</strong> vicinity <strong>of</strong> that part <strong>of</strong> <strong>the</strong> transmission line to be relocated is<br />
residential buildings as described above in paras. 6.19 – 6.23. It is noted that<br />
Section 7.6 <strong>of</strong> <strong>the</strong> a.e.e accompanying <strong>the</strong> Transpower proposal addresses<br />
effects on sensitive landuses. It is fur<strong>the</strong>r noted that <strong>the</strong>re are no occupied<br />
buildings within 12 metres <strong>of</strong> <strong>the</strong> existing or proposed route <strong>of</strong> <strong>the</strong> transmission<br />
line which is a condition pertaining to <strong>the</strong> determination <strong>of</strong> whe<strong>the</strong>r <strong>the</strong> proposal<br />
is a Permitted Activity 44 .<br />
42<br />
Designation by New Zealand Transport Agency identified as K0405 – Motorway Purposes in <strong>the</strong><br />
<strong>Porirua</strong> <strong>City</strong> District Plan<br />
43<br />
Definition <strong>of</strong> Sensitive Land Use – Regulation 3 <strong>of</strong> <strong>the</strong> NESETA.<br />
44<br />
Regulation 14 <strong>of</strong> <strong>the</strong> NESETA<br />
29
7 ANY OTHER KEY ISSUES<br />
Existing Designations<br />
7.1 The <strong>Porirua</strong> <strong>City</strong> District Plan already contains existing designations by NZTA<br />
relating to TGP:<br />
Requiring Authority Map Ref Designation Title Location<br />
NZTA K0405 Motorway Purposes Transmission Gully<br />
NZTA K0406 State Highway<br />
purposes – Limited<br />
Access Road<br />
Route<br />
Kenepuru Link<br />
Road to<br />
Transmission Gully<br />
Route<br />
7.2 The existing Kenepuru Link Road designation was located at 33 & 35 Kenepuru<br />
Drive, i.e. to <strong>the</strong> north <strong>of</strong> NoR5. K0405 follows a similar alignment to NoR3<br />
though no in-depth comparison has been made to <strong>the</strong> differences between <strong>the</strong><br />
two. There are no o<strong>the</strong>r existing designations for PCC Link Roads.<br />
7.3 There are o<strong>the</strong>r designations that <strong>the</strong> proposed NoR's cover. This includes <strong>the</strong><br />
North Island Main Trunk Railway (K0101 – New Zealand Railways<br />
Corporation) and Battle Hill Regional Park (K0703 by Wellington Regional<br />
<strong>Council</strong>). State Highway's 1 (K0403) and 58 (K0404) are designated by <strong>the</strong><br />
NZTA whilst all existing public roads within <strong>the</strong> control <strong>of</strong> <strong>Porirua</strong> <strong>City</strong> <strong>Council</strong><br />
are designated (K1054).<br />
Plan Changes<br />
7.4 Section 5.3 <strong>of</strong> Technical report 22 identifies proposed Plan Changes 10 and 11.<br />
Both <strong>of</strong> <strong>the</strong>se plan changes are now operative as <strong>of</strong> 1 July 2011. The sole<br />
amendment to <strong>the</strong> District Plan objectives and policies was <strong>the</strong> inclusion <strong>of</strong> a<br />
requirement for <strong>the</strong> provision <strong>of</strong> Outdoor Living Areas associated with<br />
residential activities in <strong>the</strong> Suburban Zone reflected in Policy C3.2.1. TGP is<br />
not considered to be affected by this change.<br />
7.5 The Statutory Provisions <strong>Report</strong> lists Policy 58 in <strong>the</strong> identification <strong>of</strong><br />
provisions in <strong>the</strong> proposed RPS. This has been deleted however by decisions on<br />
submissions to <strong>the</strong> proposed RPS.<br />
Non-Statutory Documents<br />
7.6 There are three documents which address environmental effects within <strong>Porirua</strong><br />
<strong>City</strong> which are <strong>of</strong> note. In identifying <strong>the</strong>se it is noted that <strong>the</strong>y have not been<br />
prepared under <strong>the</strong> Resource Management Act 1991 however <strong>the</strong>y are <strong>of</strong> use in<br />
identifying key issues to <strong>Porirua</strong> <strong>City</strong>.<br />
<strong>Porirua</strong> Development Framework<br />
7.7 The <strong>Porirua</strong> Development Framework (PDF) was finalised in August 2009. The<br />
PDF can be viewed on www.pcc.govt.nz/DownloadFile/Publications/<strong>Porirua</strong>-<br />
Development-Framework/<strong>Porirua</strong>-Development-Framework-August-2009. The<br />
PDF is a guiding document to influence how and where <strong>Porirua</strong> <strong>City</strong> will grow<br />
30
in <strong>the</strong> next 30 years. The PDF is a 'non-statutory document'. The PDF has<br />
taken into account <strong>the</strong> potential establishment <strong>of</strong> TGM.<br />
7.8 The PDF has identified <strong>the</strong> possibility <strong>of</strong> establishing a Industrial/Business<br />
Growth area around <strong>the</strong> TGM/State Highway 58 interchange in <strong>the</strong> long term 45 .<br />
In identifying this potential growth area, <strong>the</strong> PDF acknowledges that fur<strong>the</strong>r<br />
detailed investigation is required to determine <strong>the</strong> actual suitability <strong>of</strong> this area<br />
for this form <strong>of</strong> development.<br />
7.9 Pauatahanui and Judgeford have been identified as areas to consider provision<br />
for future rural residential development ei<strong>the</strong>r side <strong>of</strong> TGM 46 . The PDF<br />
acknowledges that such a change will need to be carefully managed and not<br />
preclude o<strong>the</strong>r development options.<br />
7.10 As mentioned previously <strong>the</strong> PDF is a guiding 'non-statutory' document. The<br />
identification <strong>of</strong> TGM in <strong>the</strong> PDF however highlights that this has been taken<br />
into account in guiding future potential growth <strong>of</strong> <strong>Porirua</strong> <strong>City</strong>.<br />
Draft <strong>Porirua</strong> Harbour Catchment Strategy and Action Plan<br />
7.11 The <strong>Porirua</strong> <strong>City</strong> <strong>Council</strong> along with three o<strong>the</strong>r key stakeholders, being<br />
Wellington <strong>City</strong> <strong>Council</strong>, Greater Wellington Regional <strong>Council</strong> and Ngati Toa<br />
Rangatira has recently released <strong>the</strong> Draft <strong>Porirua</strong> Harbour Catchment Strategy<br />
and Action Plan for public comment. It is noted that <strong>the</strong> NZTA, regional Public<br />
health and various 'conservation focussed' groups have been involved in <strong>the</strong><br />
development <strong>of</strong> <strong>the</strong> strategy and action plan which is viewable on<br />
http://www.pcc.govt.nz/News---Events/Public-Consultation/Draft-<strong>Porirua</strong>-<br />
Harbour-and-Catchment-Strategy. This draft document provides "a framework<br />
for and schedule <strong>of</strong> coordinated and targeted action to restore <strong>the</strong> health <strong>of</strong><br />
<strong>Porirua</strong> Harbour and its contributing streams" 47 .<br />
7.12 The vision <strong>of</strong> <strong>the</strong> strategy and action plan is a "A healthy catchment, waterways<br />
and harbour, enjoyed and valued by <strong>the</strong> community". The strategy and action<br />
plan contains three key objectives being:<br />
• Reduce sediment rates;<br />
• Reduce pollutant inputs; and<br />
• Ecological restoration.<br />
7.13 The development <strong>of</strong> this draft strategy and action plan is <strong>the</strong> latest step that has<br />
been undertaken in <strong>the</strong> <strong>Porirua</strong> Harbour and Catchment Management<br />
Programme 37 . The strategy and action plan is a non-statutory document but it<br />
does outline <strong>the</strong> key aims to contribute towards improving <strong>the</strong> health <strong>of</strong> <strong>Porirua</strong><br />
Harbour. This is a key issue for <strong>Porirua</strong> <strong>City</strong> and is <strong>of</strong> relevance to this report<br />
given that TGP is located within <strong>the</strong> Harbour Catchment.<br />
45 Section 7.3 <strong>of</strong> <strong>the</strong> <strong>Porirua</strong> Development Framework August 2009.<br />
46 Section 7.4 <strong>of</strong> <strong>the</strong> <strong>Porirua</strong> Development Framework August 2009.<br />
47 http://www.pcc.govt.nz/Publications/<strong>Porirua</strong>-Harbour-and-Catchment-Management-Programme<br />
31
Inventory <strong>of</strong> Ecological Sites in <strong>Porirua</strong> <strong>City</strong><br />
7.14 The Inventory <strong>of</strong> Ecological Sites in <strong>Porirua</strong> <strong>City</strong> dated July 2001 (<strong>the</strong><br />
Inventory) is a report prepared for <strong>Porirua</strong> <strong>City</strong> <strong>Council</strong> which identifies sites <strong>of</strong><br />
ecological significance within <strong>the</strong> <strong>City</strong>. The Inventory identifies sites <strong>of</strong><br />
ecological significance and provides a ranking <strong>of</strong> <strong>the</strong>ir significance. Sites have<br />
been ranked from 1 (Of greatest ecological significance, and rare or scarce in<br />
<strong>Porirua</strong> <strong>City</strong>) to 6 (Not ecologically significant, but may have amenity or o<strong>the</strong>r<br />
values) 48 . This document is not viewable on <strong>the</strong> <strong>Council</strong>'s website but is<br />
publicly available from <strong>the</strong> <strong>Council</strong>.<br />
7.15 The sites listed within <strong>the</strong> Inventory are generally not included in <strong>the</strong> District<br />
Plan o<strong>the</strong>r than in <strong>the</strong> Recreation and Open Space Zone's. The Inventory is<br />
regularly utilised in <strong>the</strong> processing <strong>of</strong> resource consents to identify sites <strong>of</strong><br />
potential ecological significance which is taken into account in <strong>the</strong> processing <strong>of</strong><br />
resource consents. Depending on <strong>the</strong> actual presence <strong>of</strong> <strong>the</strong> identified ecosite,<br />
its ecological value and <strong>the</strong> proximity <strong>of</strong> <strong>the</strong> proposed development to <strong>the</strong><br />
ecosite usually determines whe<strong>the</strong>r a specific ecological impact assessment is<br />
required. Dependent on <strong>the</strong> effects <strong>of</strong> <strong>the</strong> proposal on <strong>the</strong> ecosite may result in<br />
modifications to <strong>the</strong> proposal. It is noted that ecosite's within <strong>the</strong> Inventory<br />
have been identified on <strong>the</strong> Road Layout Plans and Landscape Plans within<br />
Volume 4: Plan Set <strong>of</strong> <strong>the</strong> application material.<br />
Designation Boundary<br />
7.16 The alignment <strong>of</strong> <strong>the</strong> designation boundary has <strong>the</strong> potential to result in some<br />
parcels <strong>of</strong> land ei<strong>the</strong>r being severed such as <strong>the</strong> rear section <strong>of</strong> 874 Paekakariki<br />
Hill Road. The Rural Zone provisions in <strong>the</strong> <strong>Porirua</strong> <strong>City</strong> District Plan provide<br />
for <strong>the</strong> creation <strong>of</strong> allotments down to a minimum size <strong>of</strong> 5 hectares 49 . Section<br />
106 <strong>of</strong> <strong>the</strong> Resource Management Act 1991 identifies <strong>the</strong> need for <strong>the</strong> provision<br />
<strong>of</strong> legal and physical access to each allotment. In making <strong>the</strong>se comments it is<br />
fully acknowledged that this is not an application for subdivision resource<br />
consent and <strong>the</strong>refore <strong>the</strong>se two provisions do not apply. It is also noted that<br />
<strong>the</strong>re is <strong>the</strong> potential for <strong>the</strong> existing access to some properties to be affected by<br />
<strong>the</strong> proposed NoR's. However <strong>the</strong> principles <strong>of</strong> <strong>the</strong> 5 hectare provision, which<br />
is to contribute towards <strong>the</strong> long term sustainable management <strong>of</strong> <strong>the</strong> rural<br />
resource and Section 106 to ensure individual allotments are accessible is<br />
relevant to TGP.<br />
Conditions<br />
7.17 A key issue should <strong>the</strong> NoR's be confirmed and/or <strong>the</strong> Transpower application<br />
be granted is <strong>the</strong> efficient administration <strong>of</strong> future management plan approvals<br />
as well as general monitoring <strong>of</strong> TGP. This is essential in assisting <strong>the</strong><br />
management <strong>of</strong> <strong>the</strong> effects <strong>of</strong> TGP should it be approved.<br />
7.18 It is considered that it would be <strong>of</strong> considerable assistance in <strong>the</strong> future<br />
administration <strong>of</strong> <strong>the</strong> conditions if <strong>the</strong>y were to be drafted in a manner that<br />
ei<strong>the</strong>r overtly recognises specific mitigation measures that have been identified<br />
as required as needing to be undertaken in <strong>the</strong> technical reports or undertakings<br />
48 Section 4.9 <strong>of</strong> <strong>the</strong> Inventory.<br />
49 Rule D4.1.4(11) <strong>of</strong> <strong>the</strong> <strong>Porirua</strong> <strong>City</strong> District Plan.<br />
32
made as a result <strong>of</strong> consultation or a statement included with <strong>the</strong> submission <strong>of</strong><br />
<strong>the</strong> various management plans identifying how <strong>the</strong> proposal is consistent with<br />
<strong>the</strong> relevant supporting documents. It is impractical given <strong>the</strong> large amount <strong>of</strong><br />
application material and various mitigation measures identified throughout for a<br />
<strong>Council</strong> processing planner to confirm whe<strong>the</strong>r all <strong>the</strong>se matters have been<br />
tended to as part <strong>of</strong> <strong>the</strong> Outline Plan Approval process. This would be both<br />
costly for <strong>the</strong> Requiring Authority in terms <strong>of</strong> processing <strong>of</strong>ficer time spent on<br />
researching <strong>the</strong> NoR application material and subsequent amendments to <strong>the</strong><br />
application as well as pose a significant challenge to <strong>the</strong> Territorial Authority<br />
processing <strong>the</strong> Outline Plan in <strong>the</strong> required 20 working days 50 .<br />
50 S176A(4) <strong>of</strong> <strong>the</strong> Resource Management Act 1991: Within 20 working days after receiving <strong>the</strong><br />
outline plan, <strong>the</strong> territorial authority may request <strong>the</strong> requiring authority to make changes to <strong>the</strong> outline<br />
plan.<br />
33
Appendix A<br />
<strong>Porirua</strong> <strong>City</strong> District Plan Objectives and Policies<br />
C2. Industrial Zone Objectives and Policies<br />
Objective C2.1 To promote <strong>the</strong> sustainable management <strong>of</strong> <strong>Porirua</strong><br />
<strong>City</strong>'s industrial resource by encouraging a wide<br />
range <strong>of</strong> activities to establish provided adverse<br />
effects are avoided, remedied or mitigated.<br />
Policy 2.1.3 To allow a wide range <strong>of</strong> activities in <strong>the</strong> Industrial<br />
Zone provided any adverse environmental effects are<br />
avoided, remedied or mitigated.<br />
C3. Suburban Zone Objectives and Policies<br />
Objective C3.2 To encourage an environment which continues to<br />
sustain <strong>Porirua</strong> <strong>City</strong>'s Suburban Zone as an<br />
attractive, healthy and safe place in which to live.<br />
Policy C3.2.1 To protect and enhance <strong>the</strong> amenity and character <strong>of</strong><br />
<strong>the</strong> residential resource by defining standards for <strong>the</strong><br />
bulk and location <strong>of</strong> buildings, <strong>the</strong> provision <strong>of</strong> open<br />
space, and <strong>the</strong> nature and scale <strong>of</strong> activities.<br />
C4. Rural Zone Objectives and Policies<br />
Objective C4.1 To identify a Rural Zone and continue its<br />
management so as to avoid, remedy or mitigate <strong>the</strong><br />
effects <strong>of</strong> <strong>the</strong> activities within it.<br />
Policy C4.1.3 To ensure that activities within <strong>the</strong> Rural Zone do not<br />
detract from <strong>the</strong> character or quality <strong>of</strong> <strong>the</strong> rural<br />
environment.<br />
Policy C4.1.8 To protect <strong>the</strong> long term potential <strong>of</strong> <strong>the</strong> rural land<br />
resource by ensuring that <strong>the</strong> new allotments for which<br />
a certificate <strong>of</strong> title can be issued are capable <strong>of</strong><br />
accommodating a range <strong>of</strong> primary production<br />
activities.<br />
Objective C4.2 To avoid or reduce <strong>the</strong> adverse effects <strong>of</strong> activities on<br />
ecosystems and <strong>the</strong> character <strong>of</strong> <strong>the</strong> Rural Zone.<br />
Policy C4.2.1 To manage <strong>the</strong> environmental effects <strong>of</strong> buildings on<br />
<strong>the</strong> rural resource.<br />
Policy C4.2.2 To protect <strong>the</strong> natural and physical environment from<br />
silt run-<strong>of</strong>f caused by <strong>the</strong> removal <strong>of</strong> native vegetation<br />
and earthworks and disturbances to <strong>the</strong> land.<br />
Policy C4.2.3 To require a high standard <strong>of</strong> wastewater disposal at<br />
all times.<br />
Policy C4.2.4 To encourage <strong>the</strong> maintenance and enhancement <strong>of</strong><br />
<strong>the</strong> ecological integrity and natural character <strong>of</strong> <strong>the</strong><br />
34
Rural Zone.<br />
C4A. Judgeford Hills Zone<br />
Objective C4A.3.3 To provide for existing and proposed infrastructure<br />
services in a manner that is physically and<br />
environmentally sustainable.<br />
Policy C4A.3.3.1 To manage <strong>the</strong> effects <strong>of</strong> stormwater generated during<br />
and after construction.<br />
Objective C4A.3.5.1 To minimise any adverse visual effects <strong>of</strong><br />
development on <strong>the</strong> surrounding landscape and<br />
natural character.<br />
Policy C4A.3.5.2 To have regard to <strong>the</strong> effects <strong>of</strong> <strong>the</strong> Transmission Gully<br />
Motorway on landscape and natural character.<br />
Objective C4A.3.6 To provide for development that is in accordance<br />
with <strong>the</strong> structure plan and which avoids, remedies<br />
or mitigates adverse effects.<br />
Policy C4A.3.6.1 To control <strong>the</strong> extent <strong>of</strong> earthworks in <strong>the</strong> Judgeford<br />
Hills Zone to <strong>the</strong> extent that is appropriate in terms <strong>of</strong><br />
potential effects on, stormwater, geotechnical stability,<br />
amenity values.<br />
Policy C4A.3.6.3 To limit any future new or upgraded vehicle access to<br />
or from Belmont Road and/or <strong>the</strong> Transmission Gully<br />
Motorway.<br />
C4B. Recreation and Open Space Zone<br />
Objective 4B.1 That <strong>the</strong> use and development <strong>of</strong> public open spaces<br />
and recreation areas in <strong>Porirua</strong> <strong>City</strong> provides for<br />
and complements <strong>the</strong> demand for recreation and<br />
community activities and contributes to <strong>the</strong> <strong>City</strong>'s<br />
amenity and character.<br />
Policy C4B.1.2 To provide for a limited range <strong>of</strong> non-recreation and<br />
non-community activities on recreation areas and<br />
public open spaces.<br />
Objective C4B.2 That <strong>the</strong> use and development <strong>of</strong> recreation areas<br />
and public open spaces does not have significant<br />
adverse effects.<br />
Policy C4B.2.3 To provide for and manage activities within <strong>the</strong> <strong>City</strong>'s<br />
recreation areas and provide open spaces in a manner<br />
that ensures that any adverse environmental effects are<br />
avoided, remedied or mitigated.<br />
C5. Responding to <strong>the</strong> Principles <strong>of</strong> <strong>the</strong> Treaty <strong>of</strong> Waitangi<br />
Objective C5.1 To respond to <strong>the</strong> principles <strong>of</strong> <strong>the</strong> Treaty <strong>of</strong><br />
Waitangi, and <strong>the</strong> o<strong>the</strong>r matters <strong>of</strong> significance to<br />
Maori as referred to in <strong>the</strong> Act, in a manner which is<br />
appropriate and clear.<br />
35
Policy C5.1.1 To recognise Te Runanga O Toa Rangatira as <strong>the</strong><br />
voice <strong>of</strong> <strong>the</strong> tangata whenua.<br />
Policy C5.1.3 To have particular regard to <strong>the</strong> exercise <strong>of</strong><br />
kaitiakitanga in <strong>the</strong> management <strong>of</strong> <strong>the</strong> resources <strong>of</strong><br />
<strong>the</strong> <strong>City</strong>.<br />
Policy C5.1.4 To recognise <strong>the</strong> desire <strong>of</strong> Ngati Toa to maintain and<br />
enhance <strong>the</strong>ir traditional relationship with <strong>the</strong> natural<br />
world.<br />
Policy C5.1.5 To recognise <strong>the</strong> resources needed by Ngati Toa if <strong>the</strong><br />
tangata whenua are to have an active role in all<br />
aspects <strong>of</strong> resource management in <strong>the</strong> <strong>City</strong>.<br />
Policy C5.1.6 To protect waahi tapu and o<strong>the</strong>r taonga from<br />
desecration.<br />
C6. Subdivision<br />
Objective C6.1 To promote a pattern <strong>of</strong> land ownership which<br />
enhances <strong>the</strong> opportunities for <strong>the</strong> sustainable<br />
management <strong>of</strong> resources.<br />
Policy C6.1.5 To protect <strong>the</strong> long-term potential <strong>of</strong> <strong>the</strong> rural land<br />
resource by controlling subdivision which does not<br />
directly contribute to <strong>the</strong> long-term sustainable<br />
management <strong>of</strong> <strong>the</strong> rural resource. The Judgeford<br />
Hills Zone makes specific provision for <strong>the</strong> sustainable<br />
management <strong>of</strong> <strong>the</strong> rural land resource within that<br />
zone.<br />
C7. Transport<br />
Objective C7.1 To achieve a safe and efficient transportation<br />
network that enables <strong>the</strong> people <strong>of</strong> <strong>the</strong> city and <strong>the</strong>ir<br />
wider community to provide for <strong>the</strong>ir social and<br />
economic well-being without creating significant<br />
adverse environmental effects.<br />
Policy C7.1.1 To use a roading hierarchy as <strong>the</strong> basis for <strong>the</strong><br />
management <strong>of</strong> <strong>the</strong> effects <strong>of</strong> traffic on adjacent<br />
activities, and <strong>the</strong> effects <strong>of</strong> activities on <strong>the</strong><br />
transportation network.<br />
Policy C7.1.2 To ensure that <strong>the</strong> adverse effects <strong>of</strong> land use and<br />
development on <strong>the</strong> efficiency and safety <strong>of</strong> <strong>the</strong><br />
transportation network are taken into account, and<br />
any intersection or frontage conflicts are avoided or<br />
minimised or remedied as appropriate.<br />
Policy C7.1.3 To avoid, remedy or mitigate <strong>the</strong> adverse<br />
environmental effects <strong>of</strong> <strong>the</strong> transportation network on<br />
<strong>the</strong> environment.<br />
Policy C7.1.4 To protect <strong>the</strong> corridors <strong>of</strong> existing and proposed<br />
major transport routes in <strong>the</strong> <strong>City</strong>.<br />
Policy C7.1.5 To encourage <strong>the</strong> undertaking <strong>of</strong> major road<br />
improvements in a timely manner and in a sequence,<br />
location and form that reflects comprehensive<br />
36
economic, social and environmental assessments.<br />
Policy C7.1.6 To encourage major new developments and activities<br />
in a manner that makes best use <strong>of</strong> <strong>the</strong> <strong>City</strong>'s existing<br />
and proposed transportation network.<br />
Policy C7.1.7 To encourage <strong>the</strong> use <strong>of</strong> bicycles for commuting,<br />
recreation, and general access around <strong>the</strong> <strong>City</strong>.<br />
Policy C7.1.8 To actively encourage <strong>the</strong> provision <strong>of</strong> public transport<br />
and its use throughout <strong>the</strong> <strong>City</strong>, and between <strong>the</strong> <strong>City</strong><br />
and adjacent locations.<br />
C8. Heritage<br />
Objective C8.1 To protect significant heritage features in <strong>Porirua</strong><br />
<strong>City</strong>.<br />
C8.1.1 To identify and protect significant heritage features.<br />
C9. Landscape and Ecology<br />
Objective C9.1.1 To manage in a sustainable manner <strong>the</strong> landscape<br />
and ecological systems within <strong>Porirua</strong> <strong>City</strong>.<br />
Policy C9.1.1 To prevent urban encroachment into sensitive<br />
ecological and landscape areas.<br />
Policy C9.1.4 To protect <strong>the</strong> Belmont Scarp and Eastern <strong>Porirua</strong><br />
Ridge from urban encroachment in order to preserve<br />
<strong>the</strong> open space and rural edge <strong>of</strong> <strong>Porirua</strong> <strong>City</strong>.<br />
Policy C9.1.5 To protect <strong>the</strong> visual and ecological character <strong>of</strong> <strong>the</strong><br />
Rural Zone.<br />
Policy C9.1.6 To encourage <strong>the</strong> protection and preservation <strong>of</strong> areas<br />
<strong>of</strong> significant native vegetation.<br />
Policy C9.1.12 To protect and enhance <strong>the</strong> spiritual, cultural,<br />
ecological and amenity values <strong>of</strong> rivers and <strong>the</strong> coast.<br />
Policy C9.1.14 To encourage <strong>the</strong> protection and enhancement <strong>of</strong><br />
ecological integrity throughout <strong>Porirua</strong> <strong>City</strong>.<br />
Policy C9.1.15 To recognise, protect and enhance <strong>the</strong> existing<br />
ecological and landscape features in <strong>the</strong> Whitby<br />
Landscape Protection Area, including Duck Creek and<br />
<strong>the</strong> Resolution Ridge, through subdivision design,<br />
location, roads, low residential densities, allotment size<br />
and <strong>the</strong> management <strong>of</strong> earthworks and vegetation<br />
clearance.<br />
C10. Coastal<br />
Objective 10.1 To protect and enhance <strong>the</strong> spiritual, cultural,<br />
ecological and amenity values <strong>of</strong> <strong>the</strong> coast.<br />
Policy C10.1.1 To promote <strong>the</strong> long-term legal protection <strong>of</strong>, and<br />
access to, <strong>the</strong> coast through <strong>the</strong> use <strong>of</strong> riparian strips.<br />
Policy C10.1.5 To manage <strong>the</strong> effects <strong>of</strong> activities likely to result in<br />
increased levels <strong>of</strong> contaminants and silt run-<strong>of</strong>f so as<br />
to avoid and/or mitigate <strong>the</strong>se effects on <strong>the</strong> coastal<br />
environment and coastal marine area.<br />
37
C11. Noise<br />
Objective C11.1 To minimise <strong>the</strong> adverse effect <strong>of</strong> noise on <strong>the</strong><br />
environment.<br />
Policy C11.1.1 To protect <strong>the</strong> natural and physical environment from<br />
unreasonable noise in order to maintain and enhance<br />
<strong>the</strong> amenity values <strong>of</strong> <strong>the</strong> environment.<br />
Policy C11.1.2 To promote health by ensuring environmental noise<br />
does not exceed a reasonable level.<br />
C12. Natural Hazards<br />
Objective 12.1 To minimise <strong>the</strong> risk from earthquakes to <strong>the</strong><br />
wellbeing and safety <strong>of</strong> <strong>the</strong> community.<br />
Policy C12.1.2 To minimise <strong>the</strong> effects <strong>of</strong> ground damage from<br />
Ohariu fault movement in rock or very stiff soil types.<br />
Policy C12.1.3 To minimise <strong>the</strong> effects <strong>of</strong> ground damage from<br />
Ohariu fault movement in intermediate and flexible, or<br />
deep soil.<br />
Policy C12.1.4 To manage <strong>the</strong> effects <strong>of</strong> ground damage from<br />
earthquake induced liquefaction <strong>of</strong> soils.<br />
Policy C12.1.5 To minimise <strong>the</strong> effects <strong>of</strong> ground damage created by<br />
slope failures, earthquake induced slope instability and<br />
landslides.<br />
Objective C12.2 To avoid or mitigate <strong>the</strong> adverse effects associated<br />
with flood hazard on <strong>the</strong> well-being and safety <strong>of</strong> <strong>the</strong><br />
community.<br />
Policy C12.2.1 To ensure <strong>the</strong> flood hazard is considered in <strong>the</strong><br />
subdivision, use, development and protection <strong>of</strong> <strong>the</strong><br />
land.<br />
C14. Network Utilities<br />
Objective C14.1 To provide for <strong>the</strong> efficient development <strong>of</strong> network<br />
utilities, while protecting <strong>the</strong> present use and future<br />
development potential <strong>of</strong> <strong>the</strong> land, and minimising<br />
any potential adverse effects on <strong>the</strong> environment.<br />
Policy C14.1.2 To ensure that <strong>the</strong> location <strong>of</strong> network utilities do not<br />
reduce <strong>the</strong> present use or future potential, and amenity<br />
<strong>of</strong> <strong>the</strong> area.<br />
Policy C14.1.4(a) To avoid, or mitigate, any potential adverse effects <strong>of</strong><br />
above ground lines.<br />
Policy C14.1.5 To recognise <strong>the</strong> importance <strong>of</strong> existing network<br />
utilities to <strong>the</strong> functioning <strong>of</strong> <strong>the</strong> <strong>City</strong>.<br />
C15. Hazardous Substances<br />
Objective C15.1 To prevent or mitigate any adverse environmental<br />
effects <strong>of</strong> accidental discharges to <strong>the</strong> environment<br />
caused by <strong>the</strong> use and storage <strong>of</strong> hazardous<br />
substances and environmentally damaging<br />
substances.<br />
38
Policy C15.1.1 To control <strong>the</strong> location <strong>of</strong> facilities which use and store<br />
hazardous substances and environmentally damaging<br />
substances, and which pose a risk to <strong>the</strong> environment<br />
and/or to human health.<br />
Policy C15.1.4 To control activities where <strong>the</strong>y could be adversely<br />
affected by contaminated sites.<br />
39
Appendix B<br />
<strong>Porirua</strong> <strong>City</strong> District Plan Rural and Public Open Space<br />
Zone's provisions and National Policy Statement on<br />
Electricity Transmission Objectives and Policies<br />
Rural Zone provisions are viewable at:<br />
http://www.pcc.govt.nz/DownloadFile/Publications/District-Plan/District-Plan-D4-<br />
Rural-Zone<br />
Public Open Space Zone provisions are viewable at:<br />
http://www.pcc.govt.nz/DownloadFile/Publications/District-Plan/District-Plan-D4C-<br />
Public-Open-Space-Zone-Rules<br />
The National Policy Statement on Electricity Transmission Objectives and Policies is<br />
viewable at:<br />
http://www.mfe.govt.nz/publications/rma/nps-electricity-transmission-mar08/npselectricity-transmission-mar08.html<br />
40