Section 104 of the RMA requires that the consent authority, when considering an application for resource consent, have regard to any relevant provisions of a plan or a proposed plan. This section sets out an assessment of the proposal under the relevant objectives and policies of the TRMP.
The TRMP itself is a combined district and regional plan and therefore relates to both sets of functions. It sets out the objectives, policies and methods to achieve integrated management of various natural and physical resources in the Tasman District. The resources dealt with by the TRMP are land, the coastal marine area, rivers and lakes, wetlands, water (taking using damming or diverting), and discharges of water or contaminants to water, air and land. Stormwater matters under this consent application relate to a number of these items but the key aspects are land, coastal marine area, rivers and lakes, and discharge of water or contaminants to water. It is the objectives and policies within those sections of the TRMP that will be discussed here.
The Objectives and Policies that are considered to be relevant to this application are set out below:
9.8.1 TRMP Part II Land
Part II of the TRMP applies to land (including the beds of lakes and rivers) across the district. It sets out the issues, objectives and policies relating to urban environmental effects. It also specifically sets out
expectations within the various urban areas of the district. The various provisions are set out in separate chapters and are identified in the tables below:
Provision Number
Text summary Discussion
Issue 6.0 d)
The ability to service urban growth (including new residential subdivision) cost effectively and sustainably.
The infrastructure and discharges associated with new development will fall in the scope of this consent once they are vested in Council. This gives the
opportunity for Council to address this issue.
Issue 6.0 j) The cumulative effect of more dense
development on stormwater quality and flood risk.
Council’s stormwater framework, which this application forms a part of, will assist with improving stormwater quality and
managing flood risk.
Policy 6.1.3.1 h)
managing stormwater run-off on site where possible and ensuring off-site stormwater run- off does not increase flood risk nor adversely affect water quality in waterways and the coastal marine area for aquatic ecosystems and recreation.
These policies set out the fundamental goals of Council’s current stormwater management framework. The ultimate goal of the proposed Catchment Management Plans is to improve water quality in water ways and the CMA and manage stormwater and flood risk.
Policy 6.1.3.2
To integrate the management of stormwater run-off with the maintenance and
enhancement of natural waterways, vegetation and wetlands, and co-locate provision of passive recreational opportunities, and pedestrian and cycle access.
Objective 6.3.2.1
Sustainable urban growth that is consistent with the capacity of services and has access to the necessary infrastructure such as water supply, roading, wastewater and stormwater systems.
Ensuring a suitable stormwater system that provides for urban growth is one of the goals of Council’s stormwater framework.
Policy 6.3.3.7
To require developers to adopt appropriate management methods to avoid or mitigate the adverse effects of stormwater run-off.
This is part of the Council’s stormwater framework and guided through the requirements of the Land Development Manual and the requirement for developers to obtain their own required consents until
the point the infrastructure is vested in Council.
Richmond Specific Policies Policy
6.8.3.5
In the north-east Richmond Residential and Rural Residential Serviced Zones, to utilise as far as practicable natural watercourses in an unenclosed and natural state for stormwater disposal.
The requirements of this policy are already evident in the restoration occurring along waterways with a component of this being stormwater management outcomes.
Policy 6.8.3.8
To require residential development in the Richmond South, Richmond West and
Richmond East development areas to occur in a staged manner based on the provision of infrastructure, including water, wastewater and stormwater, and so defer development until these services can be provided or upgraded to the Council’s satisfaction.
These policies manage development progression in part based on the adequate provision for stormwater control. This is a feature of the Council’s stormwater framework.
Policy 6.8.3.9
To establish in the Richmond South Development Area a linked open space network with public access, integrated with:
(a) walkways and cycleways; and
(b) waterway networks to ensure effective stormwater management.
Policy 6.8.3.22
To manage the cumulative effects of contaminated stormwater runoff from hard- surfaced areas and potential hazardous substance spills from adversely affecting the Waimea Inlet through the establishment of dedicated stormwater treatment areas and provision of on-site interceptor traps.
This is part of Council’s wider approach to stormwater management and ongoing improvements. In addition, actions identified through the CMP development will assist with managing these effects.
Proposed Policy 6.8.3.24
Summarised as an open space network that provides multiple benefits including ‘waterway networks that ensure effective stormwater management’.
Council’s approach to stormwater management is to create and utilise this open space network to achieve the stated values, including stormwater function and also enhanced ecosystems and public access.
Policy 6.8.3.25
To promote multi-purpose use of open space for recreation, non-motorized transport networks, ecological corridors, and stormwater management
Motueka Specific Issue
6.9.1.3
The existence of drainage problems in parts of Motueka, including low-lying parts of Motueka West near high St and the potential effects of sea-level rise on low lying land east of Thorp Street.
This is an important aspect of determining the most appropriate way to manage Motueka’s stormwater. The wider
stormwater framework, and specifically the CMP will take account of this issue.
Policy 6.9.3.2
Summarised as: This policy relates to growth, and adequate stormwater disposal, in a specific area of Motueka.
This policy and other related ones promote and direct the ability to grow Motueka and identify the need for adequate stormwater disposal.
Golden Bay Specific – section 6.10 – 6.12 Variety of
policies
Infrastructure development capacity and flood risk
A number of policies identify the need to manage flood hazards and to allow
available. Council’s wider stormwater management framework which this
consent is part of addresses these matters.
Issue 6.12.1.1
Collingwood: A need to upgrade services, including roading, and ensure the provision of a public water supply and a stormwater system to cope with the proposed pattern of development.
The wider stormwater management framework which this consent is part of will include assessment of the stormwater system issues and potential improvement actions.
Tasman Bay and Inland settlements Variety of
policies
Infrastructure development capacity and flood risk
As for Golden Bay a number of policies identify the need to manage flood hazards and to allow development if sufficient infrastructure is available. Council’s wider stormwater management framework which this consent is part of addresses these matters.
Policy 6.15.3.12
Mapua / Ruby Bay: To minimise stormwater runoff through catchment-wide management and utilize low impact stormwater design, where practicable, that provides for stormwater as well as open space and recreational needs
The wider stormwater management framework includes the preparation of CMP’s which will include consideration of methods such as low impact stormwater design and other water sensitive design actions.
Policy 6.17.3.10
Wakefield: To mitigate any adverse effects from stormwater on the state highway and associated infrastructure.
The wider stormwater management framework which this consent is part of will include assessment of the stormwater system issues and potential improvement actions.
Issue 6.18.1.3
Murchison: Lack of an integrated stormwater system.
The wider stormwater management framework which this consent is part of will include assessment of the stormwater system issues and potential improvement actions.
Table 43. Chapter 6 Sustainable Urban Design and Development
Provision Number
Text summary Discussion
Objective 12.1.2
The avoidance, remedying, or mitigation of adverse effects of land disturbance, including:
c) sediment contamination of water and deposition of debris into rivers, streams, lakes, wetlands, karst systems, and the coast,
This section of the TRMP is primarily targeted at the impact of the actual land disturbance activities. However,
stormwater control has a bearing on this as in the urban areas it can be the point of delivery of sedimentation to waterways.
The reduction and management of
sediment within stormwater is a key aspect of the proposed CMP’s. This will have benefits to the receiving environments (rivers and coastal areas).
Policy 12.1.3.2
To avoid, remedy, or mitigate the actual or potential soil erosion or damage,
sedimentation, and other adverse effects of land disturbance activities consistent with their risks on different terrains in the District … Policy
14.1.3.8
To encourage the integration of reserves and open space areas within a whole-catchment and Low Impact Design approach to drainage and the management of stormwater.
The proposal as set out in this application is consistent with this policy. This is currently demonstrated by the
development in Richmond which is utilising the existing waterways to create a
reserves and open space network for the purpose of stormwater management (and for other benefits such as creation of natural habitat).
Table 44: Chapter 12 Land Disturbance Effects and Chapter 14 Reserves and Open Space 9.8.2 Part III Coastal Marine Area
Part III Coastal Marine Area deals with the effects or use and development on natural resources, conservation or natural resources, features, processes, ecosystems and heritage, access and amenity values in the Coastal Marine Area. This is relevant to this application for those stormwater outlet structures that exist within the CMA. Many of the discharge points from the coastal UDA’s are within the CMA. This section of the TRMP has a primary focus on the effects of disturbance, structures and occupation in the CMA but the policies also refer to discharges.
Provision Number
Text summary Discussion
Objective 21.1.2
Preservation of the natural character of the coastal marine area, particularly its margins, and including the maintenance of all values that contribute to natural character, and its protection from the adverse effects of use or development.
This application seeks to improve outcomes from the stormwater network and only relates to existing stormwater outfalls. These are located adjacent to urban areas and to a degree are
anticipated. New outfalls that can have a greater impact and change to the margins of the CMA are not included in this application.
Policy 21.1.3.1
To avoid, remedy or mitigate adverse effects on the natural character of the coastal marine areas from activities, including:
c) structures, including impediments to natural coastal processes
f) the discharge of any contaminant or waste
The structures and discharges are existing and part of the existing character of the area. This consent sets in place a process to ensure progressive improvements of outcomes, including avoiding, remedying and mitigating adverse effects on the natural character of the CMA.
Policy 21.1.3.3
To restrict the placement of structures in or along the coastal marine area to those for which a coastal location is necessary and whose presence does not detract from the natural character of the locality, including the natural character of adjoining land.
This consent covers existing outfall structures which are associated the stormwater systems of the adjacent urban areas. There is no increased adverse effects on the natural character of the area from that which already occurs. Conditions proposed ensure gradual improvement of the current situation.
Objective 21.2.2
Avoidance, remediation, or mitigation of adverse effects on marine habitats and ecosystems caused by:
d) the placement and use of structures for port, berthage, aquaculture, network utilities, roads, mineral extraction or any other purpose;
e) the disposal of contaminants or waste, or accidental spillage of substances.
with priority for avoidance in those areas having nationally or internationally important natural ecosystem values.
As noted previously this consent relates to the existing structures and discharges (including ongoing stormwater discharges from new outfalls that will be separately consented). The measures to be put into place through the CMP process ensure progressive improvements are achieved and that any adverse effects are reduced.
Policy 21.2.3.3
To avoid, remedy or mitigate adverse effects of structure or works in the coastal marine area, for any purpose, on:
a) natural character.
b) natural coastal processes and patterns;
c) coastal habitats and ecosystems, particularly those supporting rare or endangered indigenous or migratory species, or nationally or internationally significant natural ecosystems;
d) public access to coastal marine space;
e) visual amenity and landscapes or seascapes;
f) navigational safety;
g) historic and cultural values.
Policy 21.2.3.5
To avoid, remedy or mitigate adverse effects from the maintenance, replacement or protection of utility structures or facilities, including roading structures, wharves, or jetties, in the coastal marine area.
The proposal requires that works on existing structures are in keeping with the volunteered conditions. These are designed to avoid, remedy or mitigate adverse effects generated by the stormwater network utility.
Objective 21.3.2
Maintenance of the natural character and landscape of the coastal marine area.
This application makes no changes that have adverse effects on the natural character and landscapes of the CMA.
The discharges and the outfalls are existing and will continue as stormwater management is an ongoing requirement.
The proposal will progressively improve the compliance with this objective.
Objective 21.4.2
Maintenance of natural coastal processes free from disturbance or impediments
No changes are proposed in this consent that would impact on natural coastal processes. In practice these outfalls exist and their impact on coastal processes are actively managed.
Policy 21.4.3.1
To avoid impediments to natural coastal processes except where a community need (such as the need to protect a physical resource of significance to the community) outweighs adverse effects on the natural environment.
This policy more directly makes an allowance for outfalls that meet a
community need. In this case the outfalls are part of the stormwater infrastructure required to manage stormwater from Tasman’s urban areas.
Objective 21.5.2
Maintenance of the cultural heritage values of items, sites or areas in the coastal marine area, including taonga of the tangata whenua.
No new works are enabled under this consent which could impact on identified cultural heritage sites.
Objective 21.7.2
Maintenance and enhancement of the amenity value derived from the natural character of the coastal marine area.
No changes are proposed that would impact on amenity values of the CMA. Any changes will be positive through
progressive improvements on the management of the stormwater network.
Table 45: Chapter 21 Effects of Disturbance, Structures and Occupation on Coastal Marine Conservation, Heritage, Access and Amenity.
9.8.3 TRMP Part IV Rivers and Lakes
Part II of the TRMP applies to all activities carried out in the beds of rivers and lakes and on the surface of the water. This is relevant to the activity subject to this consent due to the various components of the stormwater network which are located within river beds.
This section of the TRMP highlights as an issue (issue 27.1.1):
Activities that may adversely affect aquatic ecosystems include the placement of structures, such as river protection works and culverts, disturbances of the bed, mechanical clearance of aquatic plants, introduction of plants, deposition of substances, reclamation, and drainage. Activities may have adverse effects on:
a) habitats of aquatic and terrestrial flora and fauna;
b) habitats of invertebrates and spawning areas due to smothering by sedimentation;
c) shelter, shade and detrital food source for aquatic life (vegetation loss);
d) fish breeding and spawning areas;
e) fish passage;
f) bird nesting and rearing in some location;
g) mauri and wairua.
Issue 27.1.1.2 specifically discusses fish passage and identifies that the maintenance and enhancement of fish passage is an important issue for Council. It also notes that this issue is relevant to both existing and proposed structures, and notes that it may be difficult or expensive to retrofit existing structures to provide for fish passage. The impacts on fish passage are also not always caused by the installation and design of a structure but by erosion at the outlet and lack of on-going maintenance.
Not all of these items outlined above are relevant to stormwater discharge structures and their maintenance.
Those objectives and policies that have relevance are identified and discussed in the table below.
Provision Number
Text summary Discussion
Objective 27.1.2.2
Activities in, on, under, or over the beds of rivers and lakes are carried out in a way that avoids, remedies, or mitigates adverse effects on aquatic ecosystems, including in particular:
(a) aquatic habitats of:
(i) indigenous freshwater fish;
(ii) indigenous birds and other wild life, including river bed nesting habitats;
(iii) trout;
(b) braided and lowland river ecosystems;
(c) fish passage
All construction and maintenance activities will be carried out by experienced
contractors and be planned to avoid, remedy, or mitigate adverse effects on aquatic ecosystems. Regular inspections of the associated infrastructure pre- emptively highlight areas that require improvements or maintenance to be undertaken.
Policies 27.1.3.1
To avoid, remedy or mitigate adverse effects on aquatic ecosystems of structures and activities in, on, under or over river and lake beds, including adverse effects on:
(a) fish passage;
(b) fish habitat, especially that of indigenous species including giant kokopu, whitebait species, eels and including trout;
(c) fish spawning areas;
(d) bird habitat, especially indigenous species and during nesting and rearing;
(e) fish entrainment or stranding;
The wider stormwater strategy sets in place a framework which will result in improved outcomes of stormwater
infrastructure (and discharges) in terms of the relevant items identified in this policy.
This approach will be given effect through the CMP’s as will be required by this consent. This work is already underway in some areas where Council has identified the network does not comply fully with the policy. Over time, through the CMP’s, further improvements will be seen, ensuring the stormwater network will achieve the direction set by the policy.
(f) invertebrate habitat and spawning areas due to smothering by sedimentation;
(g) shelter, shade and detrital food source for aquatic life;
(h) habitat of indigenous aquatic and terrestrial flora and fauna,
(i) riverbed substrate composition, hydraulics and channel morphology.
Policy 27.1.3.3
To maintain fish passage by requiring provision for the passage of fish at any new structure in or on the bed of any lake or river, where appropriate, taking into account criteria (a) to (c) in Policy 27.1.3.4.
Any potential new structures falling under this consent will have fish passage provided in accordance with this policy.
Where necessary and practicable any fish passage issued with existing structures will be addressed. Many of these issues have already been identified and a resolution is being worked towards, but this will continue through the development of the CMP’s.
Policy 27.1.3.4
To assess the need to provide for the passage of fish at existing structures when renewing consents or when setting priorities for
remedial or enforcement action, by taking into account:
(a) quantity of habitat upstream of the barrier;
(b) whether the stream is continuously flowing or ephemeral, and the extent to which the barrier affects fish passage at a range of stream flows;
(c) significance and quality of the habitat, including presence of threatened species or effects of predator species on indigenous species;
(d) proximity of barrier to the sea;
(e) costs associated with any works required to provide fish passage at a site or several sites on the same river and including any likely adverse effects of the retrofit on
adjacent landowners and any adverse effects on hydraulic efficiency.
(f) proximity and effects of other fish barriers, including natural barriers in the same stream.
(f) whether the structure is still used or the time until any programmed replacement;
(g) whether there are alternative methods of providing for the passage of fish.
Policy 27.1.3.10
To provide for the use, maintenance and repair of lawfully existing structures in, on or under the beds of rivers and lakes, except where such structures are causing more than minor adverse effects on the environment that cannot be avoided, remedied or mitigated.
Existing structures will continue to be used, maintained and repaired in line with this policy and any with more than minor adverse effects will be identified during the CMP process, if not before. If this is the case, then measures will be will be explored through the CMP to rectify the issue.
Objective 27.2.2
Retention or enhancement of the traditional values held by Māori under tikanga for rivers and lakes and their margins, including the
Iwi have been partners in the development of the initial Richmond Catchment
Management Plan. This partnership will