Notice is given that an ordinary meeting of the Environment and Planning Subcommittee will be held on:
Date:
Time:
Meeting Room:
Venue:
Monday 10 December 2012 9.30 am
Tasman Council Chamber 189 Queen Street
Richmond
Environment and Planning Subcommittee AGENDA
MEMBERSHIP
Chairperson
Cr S Bryant
Members
Crs G Glover and B Ensor
(Quorum 2 members)
Contact Telephone: 03 543 8455
[email protected]
Website: www.tasman.govt.nz
AGENDA
1 OPENING, WELCOME 2 REPORTS
2.1 P and H Trotman Subdivision Hearing ... 5
SUBMISSIONS:
D Burnham, D and T Fry.
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2 REPORTS
2.1 P AND H TROTMAN SUBDIVISION HEARING
Appendic es:
Appendic es:
Decision Required Report To: Environment and Planning Subcommittee
Meeting Date: 10 December 2012
Report Author: Mark Morris, Co-ordinator Subdivision Consents Report Number: REP12-12-05
File Reference: RM120438, RM120611
Appendices: 1. 23 Trotman Engineering Report
1 Summary of Proposal
1.1 The applicant is seeking consent to subdivide a 3.4819 hectare title in a Rural 1 Zone into two allotments; Lot 1 of .42 hectares and Lot 2 of 2.061 hectares (containing an existing dwelling that is currently under construction). The applicant is also seeking a land use consent to erect a dwelling on the proposed Lot 1.
1.2 Background to the Application
The applicant does not own the property. The property is owned by Brian & Carol Johnson.
According to the application, the Johnson’s have a private agreement with Mr Trotman, by way of an encumbrance on the title, which allows Mr Trotman full use of the area shown as Lot 1 and right to apply for consent to subdivide off Lot 1 as a separate title.
2 Site Description
2.1 The site has already been adequately described in the application.
3 Status of Application
Zoning: Rural 1 deferred Residential Areas: Land Disturbance Area 2
Activity Relevant permitted rule Applicable rule Status Subdivision in Rural 1
deferred Residential zone
Nil 16.3.5.2 Discretionary
Land use consent to erect a dwelling.
Nil 17.5.3.3 Restricted
discretionary Overall the proposal is a discretionary activity.
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4 Notifications and Submissions 4.1 Written Approvals
Prior to notification written approvals were received from:
1. Brian and Carol Johnston, 66 Hart Road (Current owners of the property).
2. Christine Tuffnell, 42 & 44 Hart Road.
(note that both these properties have since been sold to new owners).
3. Bruce & Kate Hanna, 36 Hart Road.
4. Karl Jenner, 40 Hart Road.
5. Anthony Wilkinson & Katrina Marwick, 45 Hart Road.
6. Nicola & Barry Hart, 65 Hart Road.
Pursuant to Section 104(3)(a)(ii) of the Act the decision-making panel must not have any regard to any effect on these parties.
4.2 Notification
The application was limited notified to:
David Burnham & Cassandra Esposito, 68 Hart Road. (7)
Daryl Fry, 72 Hart Road. (8) 4.3 Submissions
Submissions in opposition
Submitter Reasons Heard?
David Burnham The property already has an additional dwelling on it, which we were not advised of. This will add another dwelling on to the property.
The proposed siting of the proposed dwelling will spoil our rural view and will be seen from our house.
Consent notices were imposed on the property advising that the property would not be subdivided until the zoning
deferment was lifted.
We have been advised in a public meeting that no development would occur for at least 10 years until an urban water supply is provided for Richmond South.
Disagree that the proposed dwelling site has been located discreetly to minimize visual effect on surrounding
properties. The site is visible from a number of properties.
The land is still in rural use with surround land being used for vineyards, sheep, cattle, horse and orchards.
Concerned about how much further subdivision will be allowed in this area.
Yes
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Daryl Fry Potential for cross boundary effects from the proposed dwelling which would adversely impact on our established vineyard operation.
The property is zoned Rural 1 deferred residential with no allotted time frame to lift the deferment.
The proposed 30 metre setback from our vineyard operation and rural emanation will not adequately protect our vineyard from cross boundary effects.
Our original concerns on having residential development in an existing farming area still apply.
Yes
The properties of the eight parties listed above are shown below:
(Those who have made opposing submissions are highlighted in yellow).
Figure 1:
Location of submitters (highlighted yellow) and affected parties who have given written consent.
4.4 Comments on Submissions
It is correct that under the deferred zoning rules that Council would not support any reticulated “greenfield” residential subdivision into residential sized allotments until the deferment has been lifted. However, people still have the right to apply, as a discretionary activity, for subdivision under the rural zone rules to create un-serviced rural allotments.
Mr Fry’s concerns about the residential deferred zoning of the area are acknowledged.
However, the deferred zoning is now operative and this should not be re-litigated through the subdivision process.
Lot 1 Dwelling site
SUBDIVISION SITE 4) Karl Jenner
7) Burnham
& Esposito
8) D Fry 6) Hart 5) Wilkinson
& Marwick
3) Hanna
2) Tuffnell
1) Johnson
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5 Statutory Considerations 5.1 Section 104A decision on this application must be made under Section 104 of the Act. The matters for the Council to address are:
Part II of the RMA (Sections 5, 6, 7 and 8)
Effects on the environment (positive and negative)
Objectives and Policies of the TRMP
Other matters 5.2 Section 106
There do not appear to be any major natural hazard issues that would adversely affect the ability to subdivide or erect a dwelling on the proposed Lot 1. If consent is granted, a condition should be imposed on the subdivision consent requiring a report from a Chartered Professional Engineer (CPE) to confirm suitability of the Lot 1 building site for residential development.
6 Sections 6, 7, and 8
6.1 The following matters are relevant to this application:
Matters of national importance
There are no matters in this application that are relevant to Section 6 of the RMA.
Other matters
S. 7(c) the maintenance and enhancement of amenity values.
S. 7(f) maintenance and enhancement of the quality of the environment.
The subdivision will result in the creation of a 1.4 hectare allotment and the
associated construction of a dwelling and associated buildings. This does bring a change in the amenity of the site, though the surrounding area does contain similar size allotments such as the Jenner property at No.40 of 0.19ha, and the Tuffnell subdivision at Nos. 42 & 44 with allotments of 0.6ha and 1.0 ha respectively. There are larger allotments with areas of 6-12 hectares. However, the effect on amenity and the quality of the environment needs to be seen in the context that Council is anticipating a residential amenity in this immediate area, by virtue of the deferred residential zone.
Treaty of Waitangi
In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical
resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).
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7 Key Issues
7. 1 Fragmentation of productive land.
The subdivision will result in fragmentation of productive land, that could adversely affect it’s long term productive potential. However, with the deferred residential zoning, the
community is anticipating residential development in the area, rather than long term productive use.
7. 2 Rural Amenity
The subdivision and associated dwelling construction will result in some loss of rural amenity of the site. However, the lot size is not out of character with the surrounding area where there are other similar sized allotments. Apart from the two opposing submitters, most of the adjoining neighbours have given their written consent to the proposal. Therefore, Council cannot take into account amenity effects on those parties. Also, with the Deferred Residential zoning, a significant change in the amenity of the area is anticipated over time.
7. 3 Servicing and Access
Lot 1 is of a sufficient size to adequately deal with onsite disposal of waste water and storm water with adversely affecting the environment. Underground power & telephone servicing can be provided to the dwelling site.
Council’s Engineering Department has approved the existing access crossing for Lot 1, with a requirement that the road reserve vegetation is cleared to the east of the crossing, in order to achieve optimum sight distances.
Rural allotments are not required to provide a reticulated water supply. Instead they are required to provide sufficient tank storage in accordance with NZS 4509:2008. This should be imposed as a consent notice on the Lot 1 title and as a condition of consent for the dwelling.
If the proposed Lot 1 was further subdivided, once the deferment was lifted, then as part of that subdivision, the Lot 1 dwelling would need to be connected to Council’s sewer
reticulation.
7.4 Cross-Boundary Effects
A 30m setback from the adjoining vineyard has been imposed on the proposed dwelling, together with a rural emanations easement to ensure that the adjoining Fossil Ridge Vineyard can continue operating without hindrance.
7.5 Future Development of the Deferred residential Zone.
As I have already mentioned in this report, the property is zoned Rural 1 deferred Residential. Any subdivision layout within this area, should not interfere with the future residential development. In this case, the dwelling site has been located so as not interfere with any future road layout that may be constructed when the deferment is lifted. The applicant has shown by way of indicative layout plans that the proposed Lot 1 could be developed for residential subdivision, once the deferment has been lifted.
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A report by Dugald Ley, Council’s Development Engineer (Attachment 1) advises that provision of reticulated water servicing will not be available in the immediate future, but the proposed subdivision layout will not adversely affect future infrastructural servicing in the area.While the Council may not have immediate plans for a water reticulation system in this area, the Deferred Zone rules do allow for a developer to provide their own reticulation system that is acceptable to Council, that would allow the deferment to be lifted. Council has approved subdivisions whereby the developer has provided their own reticulated water supply
because there is no reticulated supply available. In this sense, the deferred zoning is not
“time bound”. In the next few years, a developer could provide an acceptable reticulation system that provides an urban fire fighting supply, which would enable the deferment to be lifted.
A map of the Deferred residential Zone (parallel lines over the yellow Rural 1) is shown below:
Figure 2: Map showing the extent of the Richmond South Deferred Residential Zone.
8 Summary of Key Issues
8.1 The property is zoned Rural 1 deferred Residential with the deferment based on the provision of a Council reticulated water supply.
8.2 The deferred residential zoning anticipates that in the future there will be change in amenity and land use in the area to residential. Therefore the long term protection of soil
productivity within the zoned area is not anticipated by the TRMP.
8.3 The proposed subdivision and associated dwelling will still retain a rural amenity in keeping with the rural small holdings of the surrounding area.
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8.4 The proposed Lot 1 can be serviced on-site for wastewater and storm water disposal without adversely affecting the environment or other properties. The proposed subdivision will not be a burden to Council’s existing infrastructural servicing of the area.
8.5 The applicant has volunteered conditions to help mitigate any likely cross-boundary effects with the adjoining commercial vineyard operation.
8.6 The applicant has shown that proposed subdivision layout will not interfere with any future residential subdivision, once the deferment has been lifted.
8.7 The lifting of the residential deferment is not totally dependent on the Council providing a water reticulation system. The deferment rules do allow for private developer to provide a water reticulation system, acceptable to Council, that would allow the deferment to be lifted.
8.8 In the context of the deferred residential zoning of the site, the proposed subdivision and associated development is not considered to be contrary to the policies and objectives of the District Plan and effects on the environment are considered to be no more than minor.
9 Section 5 and Recommendation
9.1 As a planner weighing up all of the relevant considerations in terms of Section 5 of the Act, I consider that a grant of consent would promote the sustainable management of natural and physical resources and, on balance, I RECOMMEND that the applications be GRANTED, subject to conditions.
10 Conditions, Advice Notes, Plans
Recom men datio n
THAT the application be granted, subject to the following conditions:
RESOURCE CONSENT NUMBER: RM120438
Paul and Helen Trotman
(hereinafter referred to as “the Consent Holder”) ACTIVITY AUTHORISED BY THIS CONSENT:
The subdivision proposal is to subdivide a 3.4819 hectare title (CFR 443078) to create proposed Lot 1 which would have an area of 1.42 hectares and proposed Lot 2 which would have an area of 2.06 hectares(containing an existing dwelling).
CONDITIONS
General
1. The subdivision shall be undertaken in general accordance with the information submitted with the application for consent and in particular with the plan entitled “Subdivision Lot 1 DP 411584,” Job No. TRO 0198 dated 7 December 2011, prepared by Nalder Surveys and attached to this consent as Plan A. If there is any conflict between the information submitted with the consent application and any conditions of this consent, then the conditions of this consent shall prevail.
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Easements2. Easements are to be created over any services located outside the boundary of the allotment that they serve. Reference to easements is to be included in the Council resolution on the title plan and endorsed as a Memorandum of Easements.
3. Easements shall be created over any right of way and shall be shown in a Schedule of Easements on the survey plan submitted for the purposes of Section 223 of the Act.
Easements shall be shown on the land transfer title plan and any documents shall be prepared by a solicitor at the Consent Holder’s expense.
4. The survey plan that is submitted for the purposes of Section 223 of the Act shall include reference to easements.
5. A rural emanations easement shall be registered over Lots 1 & 2 in favour of Lot 2 DP 7765, (currently owned by D L Fry). This easement shall be in general
accordance with the wording set out in Appendix 1 attached to this consent.
Financial Contributions
6. The Consent Holder shall pay a financial contribution for reserves and community services in accordance with following:
a) The amount of the contribution shall be 5.62 per cent of the total market value (at the time subdivision consent is granted) of a notional 2,500 square metre building site within Lot 1.
b) The Consent Holder shall request in writing to the Council’s Consent Administration Officer (Subdivision) that the valuation be undertaken. Upon receipt of the written request the valuation shall be undertaken by the Council’s valuation provider at the Council’s cost.
c) If payment of the financial contribution is not made within two years of the granting of the resource consent, a new valuation shall be obtained in accordance with (b) above, with the exception that the cost of the new valuation shall be paid by the Consent Holder, and the 5.62 per cent contribution shall be recalculated on the current market valuation. Payment shall be made within two years of any new valuation.
Advice Note:
A copy of the valuation together with an assessment of the financial contribution will be provided by the Council to the Consent Holder.
Power and Telephone
7. Full servicing for underground power and telephone cables shall be provided to the boundary of Lot 1. The Consent Holder shall provide written confirmation to the Council’s Engineering Manager from the relevant utility provider that power and telephone connections have been made to the boundaries of the allotment. The written confirmation shall be provided prior to a completion certificate being issued pursuant to Section 224(c) of the Act.
8. Certification from a chartered professional engineer or geotechnical engineer experienced in the field of soils engineering (and more particularly land slope and foundation stability) that all building platforms and nominated building sites on Lot 1 are suitable for the erection of residential buildings shall be submitted to the Council’s Engineering Manager. The certificate shall define on Lot 1 within the building location area, the area suitable for the
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erection of residential buildings and shall be in accordance with Schedule 2A of NZS 4404:2010 Land Development and Subdivision Engineering.
Advice Note
Any limitations identified in Schedule 2A may, at the discretion of the Council, be the subject of a consent notice pursuant to Section 221 of the Resource Management Act 1991 prior to the issue of the Section 224(c) certificate. This consent notice shall be prepared by the Consent Holder’s solicitor at the Consent Holder’s expense and shall be complied with by the Consent Holder and subsequent owners on an ongoing basis.
Building Location Area
9. The building location area shall be as shown on Lot 1 of the “Land Use Consent Lot 1 RM120438” Job No. TRO 0198 dated 28 June 2012, prepared by Nalder Surveys and attached to this consent as Plan A. The building location areas shall be shown on the survey plan which is submitted for the purposes of Section 223 of the Act.
Access
10. The vegetation each side of the access to Lot 1 shall be trimmed back, to the satisfaction of the Council’s Engineering Manager to allow visibility to the centre of each oncoming lane from a distance 2.0 metres back from the kerb crossing.
Consent Notices
11. The following consent notices shall be registered on the certificate of title for Lots 1 and 2 pursuant to Section 221 of the Resource Management Act. The consent notices shall be prepared by the Consent Holder’s solicitor and submitted to the Council for approval and signing. All costs associated with approval and registration of the consent notices shall be paid by the Consent Holder.
Building Location Areas
A. The location of any new buildings on Lot 1 shall be restricted to the building location area shown on the Survey Plan for Lot 1 DP XXX and the dwelling shall be fully contained within the area identified.
Land use Consent RM120611
B. The construction of the dwelling on Lot 1 shall comply with the requirements of RM120611 No Further Subdivision
C. Lots 1 & 2 shall be subject to a restriction that each of the allotments shall not be further subdivided until the residential deferment is lifted and the residential zoning becomes fully operative.
Restriction on residential buildings.
D. No more than one residential building shall be erected on Lot 1.
Water Storage for Domestic use and Fire Fighting
E. The dwelling on Lot 1 shall comply with SNZ PAS 4509:2008 – NZFS Fire Fighting Water Supplies Code of Practice.
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Building HeightF. All new buildings shall not exceed the following building height above natural ground level:
a) 7.5 metres above existing ground level on Lot 1;
Building Colour
G. The exterior of all new buildings shall be finished in colours that are recessive and which blend in with the immediate environment. The consent holder shall submit to the Council for approval, prior to applying for building consent for a building, the following details of the colours proposed to be used on the walls and roof of the buildings:
a) the material to be used (e. g. paint, colour steel);
b) the name and manufacturer of the product or paint;
c) the reflectance value of the colour;
d) the proposed finish (e. g. matt, low-gloss, gloss); and
e) Either the BS5252:1976 (British Standard Framework for Colour Co-ordination for Building Purposes) descriptor code, or if this is not available, a sample colour chip.
The building shall be finished in colours that have been approved by the Council.
Advice Note:
As a guide, the Council will generally approve colours that meet the following criteria:
Colour Group*
Walls Roofs
Group A A05 to A14 and reflectance value ≤50%
A09 to A14 and reflectance value
≤25%
Group B B19 to B29 and reflectance value ≤50%
B23 to B29 and reflectance value
≤25%
Group C C35 to C40, reflectance value
≤50%, and hue range 06-16
C39 to C40, reflectance value
≤25%, and hue range 06-16 Group D D43 to D45, reflectance value
≤50%, and hue range 06-12.
Excluded
Group E Excluded Excluded
Finish Matt or Low-gloss Matt or Low-gloss
* Based on BS5252:1976 (British Standard Framework for Colour Co-ordination for Building Purposes). Where a BS5252 descriptor code is not available, the Council will compare the sample colour chip provided with known BS5252 colours to assess appropriateness.
Advice Note:
The consent holder should engage the services of a professional to ensure the exterior cladding and colour selection are compatible with the long term durability of the building material in the subject environment and in accordance with the requirements under the Building Act 2004.
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GENERAL ADVICE NOTES Council Regulations
1. This resource consent is not a building consent and the Consent Holder shall meet the requirements of Council with regard to all Building and Health Bylaws, Regulations and Acts.
Other Proposed Tasman Resource Management Plan Provisions
2. Any activity not covered in this consent shall either comply with: 1) the provisions of a relevant permitted activity rule in the Proposed Tasman Resource Management Plan; or 2) the conditions of separate resource consent for such an activity.
3. In respect of stormwater discharges on Lot 1, the criteria of Tasman Resource Management Plan Permitted Activity Rule 36.4.2 must be complied with or, alternatively, a resource consent (discharge permit) is obtained for the stormwater discharge.
4. Access by the Council’s Officers or its Agents to the property is reserved pursuant to Section 332 of the Resource Management Act 1991.
5. Council draws your attention to the provisions of the Historic Places Act 1993. In the event of discovering an archaeological find during the earthworks (e. g. shell, midden, hangi or ovens, garden soils, pit depressions, occupation evidence, burials, taonga, etc) you are required under the Historic Places Act, 1993 to cease the works immediately until, or unless, authority is obtained from the New Zealand Historic Places Trust under Section 14 of the Historic Places Act 1993.
Development Contributions Advice Note:
Council will not issue a completion certificate pursuant to Section 224(c) of the Act in relation to this subdivision until all development contributions have been paid in accordance with Council’s Development Contributions Policy under the Local Government Act 2002.
The Development Contributions Policy is found in the Long Term Council Community Plan
(LTCCP) and the amount to be paid will be in accordance with the requirements that are current at the time the relevant development contribution is paid in full.
This consent will attract a development contribution on one allotment in respect of roading, water and stormwater.
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Plan A: RM120483:It e m 2 .1
APPENDIX 1:
RURAL EMANATIONS EASEMENT
Right to Emit Noise from Rural and Farming Activities and Drift from Agricultural and Horticultural Sprays
1. Definition
In this easement the term "authorised rural & farming activities" means all rural activities, including farming and horticultural crop production (and in particular the spraying for weeds and horticultural pests and diseases, recreational activities and the use of hail cannons and frost machines to protect against hail and frost damage to fruit and vine crops) together with any other activity permitted under the relevant District Resource Management Plan for the time being in force and any existing uses and any activity permitted by any resource consent(s). The term "authorised rural & farming activities" shall also include any other activity ancillary to the activities already defined or necessary therefore.
2. Rights and Powers
The owners or occupiers from time to time of the Dominant Tenement shall have the full, free, uninterrupted and unrestricted right, liberty and privilege for themselves and their respective servants, tenants, agents, licensees and grantees from time to time to emit noise from legitimate rural & farming activities and drift from agricultural and horticultural sprays and to allow such emanations to escape, pass over or settle on the Servient Tenement in the course of the use of the Dominant Tenement for rural purposes with the intent that such aforementioned rights shall run with the Servient Tenement and be forever appurtenant to the Dominant Tenement.
3. Terms, Conditions, Covenants, or Restrictions in Respect of the Above Easement a) The owners or occupiers from time to time of the Servient Tenement shall allow
authorised farming activities to be carried out on the Dominant Tenement without interference or restraint.
b) All noise emitted from rural & farming activities shall not exceed the maximum level permitted in any relevant District Resource Management Planning document.
The owners or occupiers from time to time of the Servient Tenement shall not:
i) make or lodge; nor ii) be party to; nor
iii) finance nor contribute to the cost of any submission, application, proceeding or appeal (either pursuant to the Resource Management Act 1991 or otherwise) designed or intended to limit, prohibit or restrict the continuation or recommencement of the authorised farming activities by the owners or occupiers from time to time of the Dominant Tenement.
c) The owners or occupiers from time to time of the Dominant Tenement shall at all times use sprays in accordance with usual agricultural and horticultural practices in the district.
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RESOURCE CONSENT NUMBER: RM120611Paul and Helen Trotman
(hereinafter referred to as “the Consent Holder”) ACTIVITY AUTHORISED BY THIS CONSENT:
To construct a dwelling on proposed Lot 1 of the subdivision application RM120438.
CONDITIONS
Development
1. The location of the dwelling site and construction of any access shall be undertaken in general accordance with the information submitted with the application for consent and in particular with the plan entitled “Land Use Consent for Lot 1 RM120438,” Job No. TRO 0198 dated 28 June 2012 prepared by Nalder Surveys and attached to this consent as Plan B.
Commencement Date and Lapsing of Consent
2. The commencement date for this land use consent shall be the issue date of the certificate of title for Lot 1.
3. This consent will lapse five years after the issue of the certificate of title for Lot 1 unless given effect to or otherwise extended pursuant to section 125 of the Resource Management Act 1991.
Building Location Areas
4. The location of any buildings shall be restricted to the building location area shown on the Survey Plan for Lot 1 DPXXX and all dwellings shall be fully contained within the area identified.
Building Height
5. All buildings shall not exceed the following building height above natural ground level:
a) 7.5 metres above existing ground level on Lot 1 . Building Colour
6. The exterior of the dwelling shall be finished in colours that are recessive and which blend in with the immediate environment. The consent holder shall submit to the Council for approval, prior to applying for building consent for a building, the following details of the colours proposed to be used on the walls and roof of the buildings:
a) the material to be used (e. g. paint, colour steel);
b) the name and manufacturer of the product or paint;
c) the reflectance value of the colour;
d) the proposed finish (e. g. matt, low-gloss, gloss); and
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e) Either the BS5252:1976 (British Standard Framework for Colour Co-ordination for Building Purposes) descriptor code, or if this is not available, a sample colour chip.
The building shall be finished in colours that have been approved by the Council.
Advice Note:
As a guide, the Council will generally approve colours that meet the following criteria:
Colour Group* Walls Roofs
Group A A05 to A14 and reflectance value ≤50%
A09 to A14 and reflectance value
≤25%
Group B B19 to B29 and reflectance value ≤50%
B23 to B29 and reflectance value
≤25%
Group C C35 to C40, reflectance value
≤50%, and hue range 06-16
C39 to C40, reflectance value
≤25%, and hue range 06-16 Group D D43 to D45, reflectance value
≤50%, and hue range 06-12.
Excluded
Group E Excluded Excluded
Finish Matt or Low-gloss Matt or Low-gloss
* Based on BS5252:1976 (British Standard Framework for Colour Co-ordination for Building Purposes). Where a BS5252 descriptor code is not available, the Council will compare the sample colour chip provided with known BS5252 colours to assess appropriateness.
Advice Note:
The consent holder should engage the services of a professional to ensure the exterior cladding and colour selection are compatible with the long term durability of the building material in the subject environment and in accordance with the requirements under the Building Act 2004.
Water Storage for Domestic use and Fire Fighting
7. The water supply for the dwelling shall comply with SNZ PAS 4509:2008 – NZFS Fire Fighting Water Supplies Code of Practice.
Waste Water Disposal
8. Onsite waste water disposal shall be in accordance with Section 36.1.2.4 of the TRMP.
Advice Note:
Further consents could be required if the wastewater discharge does not meet the permitted standards in Chapter 36 of the TRMP for the rural 1 zone.
Access
9. The sealing of the existing entrance to Lot 1 shall be extended inside the property boundary by at least 10 metres. The sealing shall be completed prior to the occupation of the dwelling.
Setback
10. The dwelling shall be setback at least 30 metres from the boundary of Lot 2 DP7765.
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Power and telephone servicing.11. The power and telephone servicing for the proposed dwelling shall be underground from Hart Road
GENERALADVICENOTES Council Regulations
1. The applicant shall meet the requirements of Council with respect to all Building Bylaws, Regulations and Acts.
Other Proposed Tasman Resource Management Plan Provisions
2. This resource consent only authorises the activity described above. Any matters or activities not referred to in this consent or covered by the conditions must either: 1) comply with all the criteria of a relevant permitted activity rule in the Proposed Tasman Resource Management Plan (PTRMP); 2) be allowed by the Resource Management Act; or 3) be authorised by a separate resource consent.
Consent Holder
3. This consent is granted to the abovementioned consent holder but Section 134 of the Act states that such land use consents "attach to the land" and accordingly may be enjoyed by any subsequent owners and occupiers of the land. Therefore, any reference to "consent holder" in the conditions shall mean the current owners and occupiers of the subject land.
Any new owners or occupiers should therefore familiarise themselves with the conditions of this consent as there may be conditions which are required to be complied with on an ongoing basis.
Development Contributions
4. The Consent Holder is liable to pay a development contribution in accordance with the Development Contributions Policy found in the Long Term Council Community Plan (LTCCP). The amount to be paid will be in accordance with the requirements that are current at the time the relevant development contribution is paid.
Council will not issue a Code Compliance Certificate until all development contributions have been paid in accordance with Council’s Development Contributions Policy under the Local Government Act 2002.
Cultural Heritage
5. Council draws your attention to the provisions of the Historic Places Act 1993. In the event of discovering an archaeological find during the earthworks (e. g. shell, midden, hangi or ovens, garden soils, pit depressions, occupation evidence, burials, taonga, etc) you are required under the Historic Places Act, 1993 to cease the works immediately until, or unless, authority is obtained from the New Zealand Historic Places Trust under Section 14 of the Historic Places Act 1993.
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PLAN B:
RM120611
A tt a c hm e nt 1 It e m 2 .1
TO: Mark Morris, Co-ordinator – Subdivision Consents FROM: Dugald Ley, Development Engineer
DATE: 28 November 2012 FILE NO: RM120438
RE: Two lot subdivision, Hart Road
1. The above application is to create a further lot in the Rural 1 Deferred Residential zone known as the Richmond South development area.
2. The land in this area was part of a rezoning a few years ago when Richmond was envisaged to grow to the south.
3. Due to servicing restraints (mainly water supply) the zoning was deferred until the Council’s infrastructure was upgraded.
4. In recent Long Term Plans, the Council has reassessed its priorities and budgets and infrastructure improvements (water supply) are not now programmed until well after 2022.
5. The Council’s planning maps show indicative roads and neither the lot layout or the proposed building site will compromise that further subdivision, see plan NSC0317.
6. Lots 1 and 2 already have separate access on to the site and the property is located within the 50 kmh urban speed zone.
7. The property currently has two water meters and the file notes reflect that one will be disconnected in due course. Note – the Council has no further capacity for any new connections in this location. However the land is located within the Development
Contribution area for water as Council infrastructure is being constructed that will benef it the area in due course (Richmond Water Treatment Plant).
8. Each site will use existing access crossings and these will need to be upgraded to the requirements of the TRMP. Vegetation each side of the access to Lot 1 shall be trimmed back to allow visibility to the centre of each oncoming lane from a distance 2.0 metres back from the kerb crossing.
Summary
The Council is unable to provide full services to this area for some time. However there are construction projects that will benefit the area in future, ie the water treatment plant. Any
development will need to be self-sufficient in regard to all services. No new access crossings off Hart Road will be formed and the present crossings are deemed adequate for the existing use or for Lot 1 the access crossing will be acceptable for one dwelling site.
A tt a c hm e nt 1 It e m 2 .1
It is noted that an easement for Lot 2 to gain access to the Waimea East irrigation scheme will need to have the facility for it to be revoked once that area of land is vested as road at a future date.
The property drains to systems that are maintained by the Council, ie Eastern Hills Drain. The applicant will need to show that the status quo in terms of of-site flows will be maintained.
However appropriate Development Contributions will be required as the site is located within the Development Contribution catchment.
In regard to infrastructure the application will have less than minor effects and future infrastructure is not compromised by the application.
Dugald Ley
Development Engineer
