IN THE MATTER of clause 21 of the Resource Management Act 1991
AND
IN THE MATTER of a private plan change request by Foodstuffs (South Island) Properties Limited to the Tasman Resource Management Plan:
Three Brothers Corner Commercial Zone, Richmond (PC49)
STATEMENT OF SUPPLEMENTARY EVIDENCE OF TONY DOUGLAS MILNE
11 November 2013
______________________________________________________________
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ANDERSON LLOYD LAWYERS
CHRISTCHURCH Solicitor: J M Crawford
18a Birmingham Drive Middleton
PO Box 13831 Christchurch 8141 New Zealand Tel 03 379 0037 Fax 03 379 0039
1. INTRODUCTION
Qualifications and experience 1.1 My full name is Tony Douglas Milne.
1.2 My qualifications and experience are set out in section one of my Statement of Evidence dated 25 October 3013.
1.3 I have read the Code of Conduct for Expert Witnesses contained in the Environment Court Practice Note and agree to comply with it. In that regard I confirm that this evidence is written within my area of expertise, except where otherwise stated, and that I have not omitted to consider material facts known to me that might alter or detract from the opinions expressed.
Scope of Evidence
1.4 I have been asked by the Hearing Commissioners to undertake a visual effects assessment of the proposal based on the permitted and controlled rule framework. This supplementary statement of evidence shall be read in conjunction with my primary statement of evidence dated 25 October 2013. I confirm that I am satisfied with my opinions and conclusions established in my primary statement of evidence.
1.5 I will consider the landscape outcome of PC49 and whether the controls/rules specific to the site will satisfactorily implement and achieve the Tasman Resource Management Plan (TRMP) objectives and policies1, and have acceptable environmental effects.
1.6 I have attached, as Appendix 1, to my evidence a graphic supplement that shows two indicative development scenarios enabled from the proposed rule framework for PC49. They are:
a. The PC49 structure plan overlaid with a potential indicative supermarket development (as per Foodstuffs development plan and graphically shown as a continuous black line) within the proposed development area and;
b. The PC49 structure plan overlaid with a “worst – case” (but realistic) potential indicative building positions (graphically shown as a dashed blue line) within the proposed development
1 TRMP, Chapter 6.7
area. It is my opinion that once consideration has been given to car parking, circulation and landscape requirements a supermarket building position any further east within the proposed development area would compromise the efficient and functional use of the PC49 site. Further to this, it is also my understanding that the quite specific operational/loading requirements of supermarkets mean that there a few alternative practical layouts.
2. SUMMARY OF FINDINGS
2.1 In respect to my key conclusions I would like to reiterate the following:
a. Clearly there is considerable disparity between the underlying zoning and the current land use activities occurring on and in the vicinity of Three Brothers Corner. It is against this background that PC49 is, at least in part, assessed. This is based on the principle that the context of the application site setting dictates the nature and extent of potential adverse effects.
b. The likely environmental results of PC49 include landscape and visual effects relating to landscape character and amenity.
The landscape character of the site will change from the residential character anticipated by the underlying Residential zoning to one that is commercial. However, in terms of actual physical and visual change the site will remain characterised as commercial, albeit more obviously so and with a different character of commercial activity than currently exists on site.
c. In relation to landscape and amenity, the PC49 TRMP amendments are intended to achieve the following:
i. Consistency with the relevant objectives and policies within the TRMP.
ii. A good relationship with the surrounding residential zones.
iii. Address any particular constraints on development in the zone, including maintenance of residential character.
iv. The provision of amenity planting along each site boundary to maintain and enhance visual amenity.
d. It is considered that the landscape and visual amenity effects of PC49 will be acceptable given the context. In my opinion, the establishment of a Commercial zone on the subject site controlled by the proposed site-specific rules is appropriate and will be in keeping with the outcomes anticipated by the TRMP.
e. A key component of the PC49 rule package is the controlled activity status for building development within the zone (Rule 17.2.4.1A) which provides Tasman District Council an opportunity to consider future development on site to ensure a high standard of amenity is achieved.
f. Overall, I consider that future development enabled by PC49 and the Three Brothers Corner Commercial zone rules will at least be compatible with the existing level of development surrounding the Three Brothers Corner locality, and will ensure that a high level of amenity is achieved with consideration of the adjoining (in particular residential) amenity.
g. Given the degree to which potential environmental effects for any building on the site will be controlled and mitigated by the specific zone rules it is considered visual and amenity effects of shading, privacy, spaciousness and outlook arising from the provisions of PC49 will be acceptable for residences on Paramu Place.
3. ASSESSMENT OF LANDSCAPE AND AMENITY EFFECTS
Statutory Provisions
3.1 Essentially, the nature and extent of change appropriate to the landscape is guided by the TRMP provisions2. The main landscape
2 Chapter 5, Site Amenity Effects, Objective 5.2.2 Maintenance and enhancement of amenity values on site and within communities throughout the District, and Policies 5.2.3.1, 5.2.3.2, 5.2.3.4, 5.2.3.5 and 5.2.3.1.
and visual issues with respect to PC49 and establishment of commercial activity are:
a. Appropriateness and/or compatibility of commercial activities including the scale of such activities on the surrounding residential zones and other zones;
b. Landscape and visual amenity effects arising from commercial activities and any other development anticipated by the Commercial zone, on surrounding roads and properties.
3.2 Typically objectives and policies are implemented by zones in conjunction with rules, which apply to each zone to manage the actual and potential effects. The TRMP objectives and policies relating to commercial zones and living zones collectively emphasise that non- residential activities occurring within and adjacent to living zones must be conducted in such a way that controls and mitigates adverse effects on residential character, amenity and the outlook of residents.
3.3 While development of the application site in accordance with the Residential zone will inevitably result in a residential character it is considered that the Residential zone rules alone, if applied to the application site at Three Brothers Corner, would not ensure the high levels of amenity proposed by PC49 for the surrounding living zone or address policies relating to amenity of the main highway routes and town entrances.
3.4 For the most part the proposed Three Brothers Corner Commercial zone will meet the intent of the objectives and associated policies relevant to amenity values and the Urban Design criteria, thereby contributing to a quality living environment. The Three Brothers Corner Commercial Zone is a ‘site specific’ zone and the proposed rules establish an appropriate level of amenity based on the particular characteristics and qualities of the application site and the anticipated land use. Furthermore I am of the opinion they are sufficient to provide control over the visual influence of future built form within the PC49 area.
Landscape and Visual Amenity Effects Arising from the Proposed Plan Change
3.5 The proposed development rules for the Three Brothers Corner Commercial Zone3 expand upon existing rules pertaining to the Commercial zone and seek to provide a greater level of assurance for an anticipated environmental outcome. Building coverage (determined by total maximum GLFA), building setbacks, building height, a structure plan showing development areas, and a suite of landscaping rules combine to ensure mitigation of various potential adverse effects and ensure a high standard of amenity is achieved.
3.6 Effects on landscape and amenity likely to arise from development enabled by PC49 will vary depending on the viewpoint, the existing site conditions and the context of the receiving environment. These effects will now be assessed from representative viewpoints/locations in the vicinity of the site and discussed in terms of the relevant landscape qualities anticipated by the TRMP.
3.7 There is no doubt future buildings on the site will be visible. In the case of residential character, amenity and outlook from some viewpoints minor adverse effects will result. However, from most viewpoints effects will be less than minor because the site is already utilised for a commercial activity. Overall, effects are acceptable when considered with the surrounding environment and the provisions proposed by PC49.
Gladstone Road
3.8 A commercial character is experienced from the adjoining roads that lie directly adjacent to the site at Three Brothers Corner and the site appears to be consistent with this character.
3.9 PC49 will result in an organised site layout that relates positively to Gladstone Road. The development area, as shown on the structure plan, for ancillary retail will form a strong edge and potentially active frontage to the northeast corner of the site. PC49 enables buildings within this development area to be built as close as 2m from the Gladstone Road boundary.
3 TRMP, Section 17.2, Schedule 17.2A: Three Brothers Corner Commercial Zone
3.10 To the southwest corner of the site a minimum 30m building setback distance is proposed from the intersection of Gladstone Road and Bateup Road allowing for the opportunity to attain a high level of amenity at this entrance to Richmond.
3.11 Visual dominance of a built outlook from Gladstone Road is mitigated further by proposed landscape controls4 that provide for a high level of amenity, providing a coherent pleasant outlook, and visual screening of future car park areas and built structures.
Bateup Road
3.12 Although Bateup Road is predominantly residential in character, there is an increasing awareness of the existing commercial activity as one approaches the Three Brothers Corner roundabout.
3.13 Under PC49 buildings are required to be setback at least 2 m from the existing Bateup Road boundary. A future building, potentially 9.2m in height5 and setback this distance from the road boundary, will be prominently visible along Bateup Road from the St James Avenue intersection about 140m south of the site. A building in this position does also potentially provide the opportunity of casual observation to the street. This is dependent on the design and façade articulation of such.
3.14 The proposed landscape controls (as per 3.10 above) will in time result in amenity planting that will soften future built form, and thus visual dominance and provide a vegetated filtering of views towards the site. I am of the opinion that an effective and interesting planting solution can be established within a 2m wide strip. This is demonstrated by existing Bateup Road frontage vegetation (about 5m height) that effectively screens the existing building occupied by Jacks Tyres6 (approximately 11m in height) when approaching Three Brothers Corner.
4 TRMP, Section 17.2, Schedule 17.2A(B), (iv) and (vii)
5 At this height a building will comply with the daylight admission angle as measured from the middle of the Bateup Road Reserve which marks the boundary between an existing residential zone and the proposed PC49 zone.
6 Jacks Tyres, a large two-storey warehouse located directly opposite the site gives a built emphasis at the corner of the intersection because of its size and prominent location. However, the sealed frontage, unrelieved by landscaping conveys a utilitarian outlook with low amenity.
3.15 Therefore with regard to Bateup Road in terms of an amenity outcome it is a matter of ensuring that landscape and architecture together combine to result in a visually effective edge. The PC49 rule package enables this through the controlled activity status for building development within the zone (Rule 17.2.4.1A). This provides Council an opportunity to exercise control in respect of the external design and appearance of future built form on the PC49 site to ensure a high standard of amenity is achieved.
3.16 Resource Consent assessment matters include those relating to building design and appearance. This will provide further control on the architectural facade treatment of future buildings. A realistic outcome is one where such articulation helps break up a building into smaller units making it relate better to a residential scale. It certainly is not fanciful to suggest the height and bulk of future building will also be mitigated to a large extent by an articulated/modulated facade
3.17 While a building, if built to the minimum setback, will be prominently visible (replacing views of dwellings, garaging, fences and an empty lot along the boundary), that is not to say the outlook will be disagreeable but just different.
Paramu Place
3.18 The site is clearly visible from Paramu Place in two separate locations and obviously is not residential in character. Changes arising from PC49 will include glimpses of a future building, irrespective of its location within the development area as shown on the structure plan, from the upper storey of the dwelling at 4 St James Avenue and between existing houses along Paramu Place where narrow view shafts are possible between 9 and 17 along the existing access way, between 17 and 19 and along the site frontage. Partial views of a building will also be possible from 20, 22 and 26 Paramu Place.
3.19 In regard to a building position within the development area as shown on the structure plan, the further east it is located, then the planting established on the site in accordance with proposed Rule 17.2.A (B) (v), (vi) and (viii) will be increasingly important in mitigating these views from Paramu Place.
3.20 With respect to the outlook from the residential context of Paramu Place, the site expresses a low level of visual amenity that I believe
will be improved by the aforementioned landscape controls enabled by PC49.
Adjoining Residential Properties
3.21 Views from the adjoining residential properties will change with the proposed development of the site enabled by PC49. This would inevitably occur as a result of any development of the site including the permitted residential development, where views are likely to be dominated by dwellings, probably compartmentalised by fencing and without the certainty of screening by vegetation.
3.22 Accordingly, as a result of PC49, views of the site from adjoining properties and Paramu Place, in the mid to long term, will be dominated by open space and a pleasant green outlook derived from the generous building setbacks, low building coverage and amenity planting around the boundary, within the car park and alongside the supermarket building (residential properties to the west of Bateup Road). As a consequence, a moderate – high level of amenity will be achieved.
Landscape character and coherence
3.23 Effects on residential character and coherence experienced by residential properties adjoining the PC49 site will vary along the new zone boundary.
3.24 Building setbacks and landscaped boundaries are generally required and located to mitigate the adverse effects, such as loss of privacy, loss of amenity, the visual impact of buildings and of car parking areas, on adjoining residential and other sensitive environments.
Related to the assessment of character is the matter of coherence, being the degree to which a feature or area is perceived to be consistent and in keeping with its surroundings.
3.25 In terms of residential character, the relationship of open space to built form is a main determinant of character and therefore a maximum building coverage is set to characterise each zone. Within the Tasman District the Commercial Zone building cover standard varies depending on the location but is generally set to enable sufficient space to be available for amenity plantings and parking. If the total maximum permitted GLFA is constructed, the site coverage will be
27% and will ensure a low-built density commensurate with the Residential zone and considerably lower than the 75% site coverage allowable in Commercial Zones.
3.26 Setbacks are also used as a means of maintaining character. In most commercial zones, buildings are built up to road boundaries to maintain a traditional character and form of a shopping precinct and a visual continuity. However, it does not apply in this instance where the existing street environment is heavily trafficked and visual amenity is low due to varied building type and yard based activity. It is not necessary to build to the street and the proposed setbacks provide for vegetation to soften the visual impact of buildings from the street and the adjoining residential zone.
3.27 There is no doubt that the proposed development will not provide a residential character however, neither will it significantly affect the existing surrounding residential character to more than a minor degree. This is largely because the presence of commercial activity occurring directly adjacent to residential activity will not be an entirely new feature in the landscape.
3.28 The landscaping that is required by the proposed PC49 rules will ensure these effects on residential character and coherence will, at the most, be no more than minor.
Amenity and Outlook
3.29 Aspects of amenity are identified in Policy 5.2.3.1 – 5 of the TRMP and include shading and values such as privacy, outlook, views, landscape character and spaciousness. Policy 5.2.3.4 offers particular guidance by encouraging amenity through the use of vegetation, landscaping and screening.
3.30 In conjunction with one another, the existing and proposed provisions of the TRMP relating to building height, recession planes, setbacks, building coverage, amenity plantings and design and appearance provide an integrated rule framework designed to promote an appropriate level of amenity for the surrounding environment.
3.31 Of these, height and setback standards are promoted as key factors in determining the visual amenity, dominance of buildings, levels of
privacy, access to sunlight and daylight, and the spaciousness of a site.
3.32 As discussed previously, the Three Brothers Corner Commercial Zone proposes a 2m building setback from both the Bateup Road and Gladstone Road boundaries, and a building setback from the adjoining Residential zone to 4m. However, where commercial buildings exceed a gross floor area of 500m2 the building setback from Residential zones increases to 10m. This is to ensure that any larger buildings established within the Zone do not dominate the character and amenity of the surrounding residential environment.
3.33 Further to this development areas are shown on a structure plan for the Zone. Any future building on the site, which is limited to a supermarket or small-scale retail tenancies, is required to be located within these areas. However, it is important to note the future building locations are also limited by the necessity of the site to spatially function efficiently (refer to Appendix 1).
3.34 Irrespective of standards relating to building setbacks and building heights, in reality effects will be substantially controlled by the daylight admission lines7. Daylight admission lines are intended to reduce shading of adjoining residential sites by ensuring that buildings are contained within an angle that allows sunlight to penetrate onto the adjoining site, irrespective of the zone. The angle of the line will vary depending on the orientation of the building to the sun and is based on obtaining some sun onto sites, even in mid-winter at midday.
According to the TRMP the angle has been set at a level that ensures reasonable amenity protection, whilst allowing reasonable development potential on adjoining sites.
3.35 In reality the closest distance a building within the PC49 zone at a height of 10m could potentially sit off the residential boundary is 13m without intruding into the daylight admission line. At a height of 7.5m8 a residential building could be 8.5m from the boundary to afford the same. The building location as shown overlaid on the structure plan (refer Appendix 1) is in my opinion a realistic ‘worst-case’ scenario in respect to its proximity to Paramu Place residential properties.
7 TRMP, Chapter 17 – Zone Rules, Schedule 17.1A: Daylight Admission Angles
8 Permitted Residential Dwelling
Setback distances from adjoining residential property boundaries are 13m at its closest point, 19m, 22m, 40m and 64m respectively.
3.36 Although any future supermarket building will exceed the height of a residential dwelling, effects on amenity values such as access to sunlight, daylight, privacy and outlook will be mitigated in this instance, by the very generous building setbacks of between 13m and 64m from the southeast site boundary that adjoins the residential zone.
3.37 The TRMP anticipates effects to this level and considers them to be acceptable, therefore effects on outlook, sunlight or shading will be less than minor.
3.38 Amenity through planting is recognised by the TRMP9 and will be enabled by PC49 as a result of a combination of rules pertaining to landscape strip planting widths and the requirements for landscaping of car park areas. Amenity will also be further controlled by the ability of Council to impose conditions when granting resource consent in regard to the extent and quality of amenity planting10.
3.39 Furthermore it is recognised that is not solely the width of landscaping that will achieve a high level of amenity along residential boundaries, but rather a combination of species compatibility and form that will contribute to a harmonious outcome. A list of suitable amenity tree species specific to the Three Brothers Corner Commercial Zone for the residential zone boundary landscape strip is contained within the rule package for PC49. This gives certainty to the vegetated outcome and future amenity along the residential zone boundary of the PC49 area.
3.40 The landscape provisions for the Three Brothers Corner Commercial Zone include a minimum 15% of the site to be set aside as a landscape area. This provides added insurance, with respect to providing an appropriate level of amenity, over and above the landscaping required around road and zone boundaries and within car parks, further offsetting the potential dominance of buildings and hard surfaces.
9TRMP 17.2.20 Principle Reasons for Rules, Landscaping and Visual Amenity
10TRMP, Section 17.2, Schedule 17.2.4.1A(a)(2) and 17.2.4.2(21)
3.41 In general tree planting as anticipated by PC49 will afford a filtered screen of vegetation conveying a visual interest and pleasant outlook from residential properties.
3.42 In contrast, there is no requirement within the TRMP for amenity planting associated with residential development. Under its current Residential zoning the application site could potentially be completely cleared of vegetation to allow for new residential development with two storey dwellings up to 7.5m in height located within a building setback of 3m off the boundary. There are no conditions requiring landscaping along residential boundaries within a residential zone to soften views of a residential dwelling up to 7.5m in height and/or preventing neighbours from planting inappropriate trees that create shading or nuisance effects on adjoining properties. From this perspective PC49 offers more certainty of better amenity/or an improved visual outlook than that provided by the residential zone provisions.
Summary of landscape and visual amenity effects
3.43 The conclusion I have reached in assessing the site and surroundings, is that the Three Brothers Corner Commercial zone is an appropriate zoning for the site in affording a landscape character that provides a high level of amenity while enabling commercial activity that fits the character of Three Brothers Corner.
3.44 In light of the above, and given the degree to which environmental effects of future development will be controlled and mitigated by the specific zone rules, especially those relating to landscaping, I consider that PC49 is in accordance with the overall landscape and amenity outcomes anticipated by the objectives and policies of the TRMP.
4. CONCLUSION
4.1 There are no unacceptable visual effects arising from the provisions of PC49. I consider that overall the landscape and visual effects of the proposed plan change will remain within acceptable limits and that the establishment of a Commercial zone on the application site, controlled by the proposed rules, will therefore be in keeping with the existing context and satisfy the operative provisions within the TRMP.
