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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

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