Ngā Ūranga ki Pito-One shared path

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REASONS FOR CONSENT AND PERMITTED A

REASONS

FOR CONSENT

AND PERMITTED

ACTIVITIES

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Ngā Ūranga ki Pito-One shared path

Reasons for consent and permitted activities (Appendix C)

Prepared for Waka Kotahi Prepared by Beca Ltd

1 October 2020

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Revision history

Revision Nº Prepared By Description Date

1.0 Max Pocock

Aimee Brown Michelle Smith

Final 1/10/2020

Document acceptance

Action Name Signed Date

Prepared by Max Pocock 1 October 2020

Reviewed by Lesley Hopkins 1 October 2020

Approved by Matt Trlin 1 October 2020

on behalf of Beca Ltd

This report has been prepared by Beca on the specific instructions of our Client. It is solely for our Client’s use for the purpose for which it is intended in accordance with the agreed scope of work. Any use or reliance by any person contrary to the above, to which Beca has not given its prior written consent, is at that person's own risk.

Please note that information in this report has been derived from available public records (including the Regional and District Plans and Policy Statements as they were provided, either in hard copy or on the respective local authority websites), at the time of preparation of this document. These records are continually changing and are

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1 Introduction ... 1

1.1 Purpose of this report ... 1

2 Reasons for consent ... 1

2.1 National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health 2011 ... 2

2.2 Wellington Regional Coastal Plan 2000 ... 2

2.3 Wellington Discharges to Land Plan 1999 ... 3

2.4 Proposed Natural Resources Plan (Decisions Version, 31 July 2019) ... 3

2.5 City of Lower Hutt District Plan 2004 ... 5

3 Permitted activities ... 7

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1 Introduction

1.1 Purpose of this report

This report identifies the provisions of statutory planning instruments (made under the Resource Management Act 1991 (RMA)) that are relevant to the Ngā Ūranga ki Pito-One shared path (the Project).

While consents and designations for the Project are being sought under the COVID-19 Recovery (Fast- track Consenting) Act 2020, it is the provisions of the RMA (in particular, the restrictions in sections 9 to 15) and the associated planning instruments that inform whether the various activities associated with the Project require resource consent (and, if so, their activity status and associated considerations).

Waka Kotahi is lodging two notices of requirement (NORs) for designations to authorise (in terms of section 9(3) of the RMA) certain land use activities within Wellington City (NOR 1) and Hutt City (NOR 2). The NORs are for the designation of existing land that will be used for the permanent works associated with the shared path and for areas required temporarily during construction between the Ngā Ūranga Interchange and Pito-One. The areas subject to the NORs are described in the

Assessment of Effects on the Environment report (AEE) in Chapter 1: Introduction to the Project. The provisions discussed below relate to other activities associated with the Project, and comprise:

● relevant national environmental standards;

● relevant regional rules; and

● relevant district rules (for those aspects of the Project not being authorised in terms of section 9(3) of the RMA by the designations).

Specifically, this report identifies reasons for resource consent and sets out the elements of the Project which are permitted under the relevant rules.

2 Reasons for consent

This section sets out, in the following tables, the reasons for resource consent. Resource consents are required under regulations/rules contained in the following:

● National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health 2011;

● Wellington Regional Coastal Plan 2000;

● Wellington Discharges to Land Plan 1999;

● Proposed Natural Resources Plan (Decisions Version dated 31 July 2019); and

● City of Lower Hutt District Plan 2004.

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2.1 National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health 2011

Consent reference as in AEE

Consent summary Reg Activity status Geographical extent and scope of consent

Land use consent (RC.1)

Disturbance of contaminated soils within Wellington City.

11 Discretionary Wellington City

Disturbance of contaminated soils within the City of Lower Hutt.

11 Discretionary City of Lower Hutt

2.2 Wellington Regional Coastal Plan 2000

Consent summary Rule Activity status Geographical extent and scope of consent

Coastal permit (RC.6)

Large reclamations outside the Commercial Port Area.

1 Discretionary Coastal marine area (CMA) where reclamation is proposed.

Coastal permit (RC.6 and RC.11)

Occupation by structures of land of the Crown or any related part of the coastal marine area.

16 Controlled The new shared path and associated structures including rock revetment, seawalls and groynes; and new offshore habitats in Te Whanganui-a-Tara.

This includes temporary structures which may not comply with the permitted activity standards.

Coastal permit (RC.6 and RC.11)

Structures more or less parallel to mean high water springs, (i.e. construction of the seawall and revetment).

18 Discretionary The new shared path and associated structures including rock revetment seawalls, groynes and culvert extensions in Te Whanganui-a-Tara.

All remaining activities involving the use and development of structures outside any Area of Significant Conservation value (i.e.

construction of the offshore habitats).

25 Discretionary The new offshore habitats in Te Whanganui-a-Tara. The Project is situated outside of any Area of Significant Conservation Value as listed in Appendix 2 of the Plan.

Major disturbance of foreshore and seabed (excavate, drill, move, tunnel etc.), including any removal of sand, shell or shingle outside

37 Discretionary Disturbance in the CMA for the shared path. The Project is situated outside of the areas listed in the rule.

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the Lambton Harbour Development Area, Commercial Port Area, Harbour Entrance or Hutt River Mouth.

Coastal permit (RC.6)

Other activities involving discharges to land and water outside Areas of Significant Conservation Value.

61 Discretionary Project-wide. The Project is situated outside of any Area of Significant Conservation Value.

2.3 Wellington Discharges to Land Plan 1999

Discharge permit (RC.8)

Discharges of contaminants onto or into land.

2 Discretionary Project-wide. This consent is being sought out of an abundance of caution to cover sediment and any other contaminants associated with construction that may enter water (with water including coastal water).

2.4 Proposed Natural Resources Plan (Decisions Version, 31 July 2019)

Land use activities Land use consent (RC.3)

The use of land, and the associated

discharge of sediment-laden runoff into water or onto or into land where it may enter water from earthworks over 3,000m².

101 Discretionary Shared path and Honiana Te Puni Reserve.

Coastal activities Coastal permit (RC.6)

Removal or demolition of a structure or part of a structure in the CMA.

153 Discretionary Project-wide (CMA).

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The placement of a new temporary structure and the associated use of the structure in the CMA.

155 Restricted

discretionary

Project-wide during construction (CMA). This includes temporary structures which may not be able to comply with the permitted activity standards in R154.

Coastal permit (RC.6 and RC.11)

New structure, additions or alterations to structures inside sites of significance.

162 Non-complying The new shared path and associated structures including rock revetment, seawalls groynes and culverts; and the new offshore habitats in Te Whanganui-a-Tara. The Project area contains sites of significance as identified in Schedule F5 (Habitats with significant indigenous biodiversity values in the coastal marine area).

Coastal permit (RC.6 and RC.11)

The placement of a new seawall or the addition to an existing seawall, and the associated use of the structure inside sites of significance.

167 Non-complying Seawalls along the Project length and at living seawall locations at Frank Kitts Park and Greta Point. The Project area is within a site of significance as identified in Schedule F5.

Occupation of space in the common marine and coastal area.

184 Discretionary The new shared path and associated structures including rock revetment, seawalls groynes and culverts, the new offshore habitats, and living seawalls in Te Whanganui-a- Tara. The Project area is within a site of significance as identified in Schedule F5.

Destruction, damage, disturbance or deposition inside sites of significance including deposition in, on or under the foreshore or seabed, and discharge of contaminants.

205 Non-complying Project-wide (CMA). The Project area is within a site of significance as identified in Schedule F5.

Reclamation and drainage in the CMA that is not a discretionary activity under Rule R214.

215 Non-complying Formation works adjoining the rock revetment and for ūranga.

Taking, use, damming and diversion of water and drilling Water permit (RC.7) De-watering of a site within the Hutt Valley

aquifer system for the construction of the Shared Path Bridge.

140B Restricted

discretionary

Shared Path Bridge.

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Water permit (RC.7) Construction and excavation activities deeper than 5m below ground level in the Hutt Valley aquifer system associated with the Shared Path Bridge, seawalls, and offshore habitats.

146A Discretionary Shared Path Bridge and the seawalls.

Water permit (RC.7) Drilling, construction or alteration of any bore required for geotechnical investigations within the Hutt Valley aquifer zone where the depth of the bore below ground level

exceeds 5m on land or 5m below the seabed in the CMA.

147 Controlled Project-wide geotechnical investigations that exceed 5m depth.

Stormwater discharge Discharge permit (RC.12)

Discharge permit for the discharge of stormwater not otherwise provided for.

53 Discretionary Stormwater runoff from the formed shared path over land into the CMA.

Discharge permit (RC.13)

Discharge of stormwater from a new development into water, or onto or into land where it may enter a surface water body or coastal water.

52A Restricted

discretionary

Stormwater runoff from the new formed areas at Honiana Te Puni Reserve.

2.5 City of Lower Hutt District Plan 2004

Consent summary Rule(s) Activity status Geographical extent and scope of

consent Land use consent

(RC.4)

Construction works at Honiana Te Puni Reserve involving:

● Earthworks within the Special Recreation Zone;

● Formation and use of the Northern Construction Yard;

● HCDP 14I 2.2 (earthworks, RDA)

● HCDP 7B(i) 2.2 (building repurposing /demolition, and car parking, RDA)

● HCDP 7B(i) 2.4 (site offices, NC)

Non-complying (overall)

Land within Hutt City situated within Honiana Te Puni Reserve.

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Consent summary Rule(s) Activity status Geographical extent and scope of

consent

● Repurposing of the Wellington Water Ski Clubhouse as a temporary site office for construction; and

● Demolition of the existing Wellington Rowing Association Shed and Wellington Water Ski Clubhouse.

Permanent works at Honiana Te Puni Reserve involving:

● Earthworks within the Special Recreation Zone;

● Integrated Clubs Building and associated parking area;

● Tāwharau Pods;

● Whare; and

● Sculptures.

● HCDP 14I 2.2 (earthworks, RDA)

● HCDP 7B(i) 2.4 (Integrated Clubs Building, Whare, Tāwharau Pods, and sculptures. NC)

Non-complying (overall)

Land within Hutt City situated within Honiana Te Puni Reserve.

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3 Permitted activities

This section sets out elements of the Project which are permitted under the relevant rules.

Activity Rule wording Rule No Geographic area Applicability and compliance

Regional Coastal Plan for the Wellington Region 2000 Temporary

structures

Any erection or placement of any temporary structure or any part of a temporary structure that is fixed in, on, under, or over any foreshore or seabed, including any associated disturbance of foreshore or seabed which:

(1) does not require any blasting or other destruction of bedrock on the foreshore or seabed; and

(2) if the structure is in the Hutt Valley Aquifer Zone, does not disturb foreshore or seabed to a depth greater than 0.5 metres below the bed; and

(3) is to be used for an activity allowed by this Plan or by a coastal permit; and

(4) will not be in place for a period exceeding 31 days or part days during any 12-month period, inclusive of erection or placement and removal; and

(5) if the structure is fixed directly in, on, under or over foreshore, will not prevent lawful public access to and along the foreshore past the structure; and

(6) if the structure if fixed directly in, on, under or over seabed, will not block any navigation channel; and (7) is not within any Area of Significant Conservation

Value.

is a permitted activity provided it complies with the conditions below:

(1) The erection or placement complies with the general standards listed in section 14.1.

8 Project-wide Temporary structures may include jack up barges, platforms, staging and navigation aids.

Where the temporary structures do not meet the permitted activity criteria due to being in place for longer than 31 days then resource consent has been sought for these structures under RC.6. It should be noted that the Hutt Valley Aquifer is located outside the Project area as shown on Planning Map 5 of the Plan.

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Activity Rule wording Rule No Geographic area Applicability and compliance (2) The Hydrographer of the Royal New Zealand Navy

shall be notified of any erection or placement of the structure where the structure intrudes into or over any water used for navigation.

Drilling Disturbance and damage of the foreshore and seabed associated with any drilling operation which:

(1) uses drilling equipment which has a maximum diameter of less than 200 mm; and

(2) occurs outside of, and does not interfere with, the “Hutt Valley Aquifer Zone” as shown on Planning Map 5 in Appendix 7.

Conditions

(1) The activity shall comply with the general standards listed in section 14.1.

32 Project-wide Drilling for geotechnical investigations will be less than 200mm. Any piles for the seawalls will be larger than 200mm and therefore do not comply with these standards. The drilling for seawalls is captured by Rule 37 and covered in RC.6.

It should be noted that that the Hutt Valley Aquifer is outside the Project area as shown on Planning Map 5 (however it is within the aquifer area under the PNRP).

Discharge of stormwater

Any discharge of stormwater onto land or into water in the coastal marine area from any motorway, road, street, railway line, roof, yard, paved surface, breakwater, jetty, wharf, boat shed, or any other structure is a permitted activity, provided it complies with the conditions specified.

Conditions

(1) The discharger shall adopt the best practicable option to ensure that after reasonable mixing the stormwater discharged will not give rise to all or any of the following effects:

• the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials;

• any conspicuous change in the colour or visual clarity;

• any emission of objectionable odour;

53 Project-wide To the extent that stormwater originating from the Project area will discharge into the CMA it will meet the conditions of this rule. The Project is also consistent with a similar rule in the Regional Discharges to Land Plan (Rule 3 – Stormwater). These activities trigger consent under the PNRP (subject to appeal).

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• the rendering of fresh water unsuitable for consumption by farm animals;

• any significant effects on aquatic life.

(2) The stormwater collection systems and pipelines will be constructed and maintained in an efficient operating condition.

(3) The stormwater shall be discharged at a rate that does not cause significant erosion.

Discharges to air associated with the construction and maintenance of structures

Any activity which results in the discharge of dust, particulate matter, or other contaminants to air in the coastal marine area which:

• is associated with the construction, maintenance, repair, alteration or reconstruction of a structure;

is a permitted activity provided the activity complies with the conditions specified below.

Conditions

(1) The discharge shall not result in dust which is offensive or objectionable to such an extent that it has or is likely to have an adverse effect on the environment.

(2) The activity shall comply with the general standards listed in section 14.1.

65 Project-wide Measures set out in the CEMP and Condition CC.3 will adequately manage dust such that permitted activity standards will be met.

Regional Freshwater Plan for the Wellington Region 1999 Discharges of water

and minor contaminants

The discharge of contaminants, or water, into surface water, other than the discharge of stormwater, is a permitted activity provided the discharge complies with the conditions specified below.

Conditions

(1) the discharge is not to any wetland, lake or river being managed in its natural state (Appendix 2, part A); and

1 Northern end of the project at Korokoro Stream.

The Project will not involve any point source discharges to surface water during

construction or operation. The Northern Construction Yard is located adjacent to Korokoro Stream and the yard will be managed through erosion and sediment control and the measures set out in the CEMP such that conditions (1) – (9) of this rule will be

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Activity Rule wording Rule No Geographic area Applicability and compliance (2) the discharge shall not contain any contaminants other

than [contaminants at concentrations specified in]

conditions (3) to (7) below; and

(3) concentrations of free or combined residual chlorine in the discharge shall be no more than 0.5 g/m3; and (4) concentrations of suspended solids in the discharge

shall be no more than 50g/m³; and

(5) concentrations of acid-soluble aluminum in the discharge shall be no more than 0.15g/m³; and (6) concentrations of fluoride in the discharge shall be no

more than 1.5 g/m3; and

(7) the discharge temperature shall not differ from the ambient temperature of the receiving water by more than 5 Celsius; and

(8) the discharge does not cause erosion at the point of discharge; and

(9) the discharge does not alter the natural course of the river or stream.

Drilling for geotechnical investigations and piles

The construction of any bore in the Lower Hutt Groundwater Zone is a Discretionary Activity.

15 Honiana Te Puni Reserve

The definition of “Bore” specifically excludes geotechnical investigation bores in the Lower Hutt Groundwater Zone shown in Figure 9.3a of Appendix 9 in the Plan. The zone covers the Honiana Te Puni Reserve.

Piles for the Whare are approximately 3-4m deep and therefore will not encounter the Lower Hutt Groundwater Zone which is at 5- 80m depth as per Table 6.4 of the Plan.

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Proposed Natural Resources Plan (Decisions version, 31 July 2019) Land use activities

Planting The introduction or planting of any plant species in the coastal marine area including any associated:

(a) disturbance of the foreshore or seabed, and

(b) deposition in, on or under the foreshore or seabed, and (c) discharge of contaminants

is a permitted activity provided the following conditions are met:

(d) the plant species shall not be identified in the National Pest Plant Accord 20123 or in the Greater Wellington Regional Pest Management Strategy 2002-2022, and (e) the plant species planted shall be native species that

naturally grow in the area planting occurs, and (f) there is no planting in sites identified in Schedule E4

(archaeological sites), and

(g) the activity shall comply with the coastal management general conditions specified above in Section 5.7.2.

217 Project-wide The planting carried out along the coastal edge of the Project will comply with the permitted activity standards. The planting details will be set out in the CEDMP as required by Conditions LV.4.

Coastal activities Maintenance or repair of a structure

The maintenance or repair of a structure in the coastal marine area, including any associated:

(a) occupation of space in the common marine and coastal area, and

(b) disturbance of the foreshore or seabed, and

(c) deposition in, on or under the foreshore or seabed, and (d) discharge of contaminants, and

(e) diversion of open coastal water

is a permitted activity, provided the following conditions are met:

149 Relates to structures in the CMA area, including the revetment, seawalls and offshore habitats.

Maintenance and repair of structures including navigation aids, offshore habitats, seawalls, groynes, the revetment and culvert outfalls. Maintenance and repair activities will need to meet criteria (f) to (h). If these permitted activity standards cannot be met resource consent will be sought at the time of future works occurring.

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Activity Rule wording Rule No Geographic area Applicability and compliance i. the maintenance and repair of the structure is contained

within the form of the existing structure and there is no increase in length, width, or height of the existing structure (except for increases for the purposes of replacement, removal and alterations of existing utility services, electric or aerial telecommunications cables/conductors/pipelines where these activities will not result in increases in design voltage and the new or altered cables/conductors/pipelines will not be lower in height above the foreshore or seabed), and

ii. the activity shall comply with the coastal management general conditions specified above in Section 5.7.2.

Discharges from activities on land Discharges to air

associated with handling of bulk solid materials (dust)

The discharge of contaminants into air from the handling of bulk solid materials including from the activities of quarrying, mining, cleanfilling, blasting, extraction, crushing, screening, processing, stockpiling, handling, conveying, sorting, and storage is a permitted activity.

(b) for all other areas, the discharge shall not cause noxious, dangerous, offensive or objectionable odour, dust, particulate, smoke, vapours, droplets or ash beyond the boundary of the property.

27 Project-wide Measures set out in the CEMP and Condition CC.3 will adequately manage dust from earthworks and the placement of material such that permitted activity standards will be met.

City of Lower Hutt District Plan 2004 (activities within Honiana Te Puni Reserve) Amenity and

conservation planting

Amenity and conservation planting is a permitted activity.

The only relevant permitted activity standard requires

compliance with all General Rules in Chapter 14 which include noise and earthworks

7B(i) 2.1 Honiana Te Puni Reserve

Planting in the Reserve will be undertaken in accordance with the CEDMP under Condition LV.4. It is expected that the planting will meet the permitted activity standards however, the planting involves earthworks, this is covered by RC.4.

Landscape furniture Landscape furniture is a permitted activity. 7B(i) 2.1 Honiana Te Puni Reserve

The landscape furniture in the Reserve will be undertaken in accordance with the CEDMP

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Activity Rule wording Rule No Geographic area Applicability and compliance The only relevant permitted activity standard requires

compliance with all General Rules in Chapter 14 which include noise and earthworks.

under Condition LV.4 and is expected to comply with the permitted activity standards.

Traffic management and access

(a) Any activity is permitted if it:

(i) Complies with the standards listed in Appendix Transport 1; and

(ii) Does not exceed the high trip generator thresholds specified in Appendix Transport 2.

14A 5.1 Honiana Te Puni Reserve

The traffic generated within the construction yard and associated with the Integrated Clubs Facility, Whare and pods complies with 14A Appendix 1 - the site will use existing accessways, and Appendix 2 – as it will not exceed 500 vehicle movements a day.

Construction noise The following is permitted in all activity areas:

(c) All construction, demolition, and maintenance work shall comply with NZS 6803P "Measurement and Assessment of Noise from Construction, Maintenance and Demolition Work".

14C 2.1 Honiana Te Puni Reserve

The assessment of noise and vibration undertaken for the Project confirms that noise associated with construction activities in the Reserve will comply with NZS 6803P.

Conditions CNV.1 – CNV.5 address construction noise and the process for any predicated noise exceedance.

Operational noise The following is permitted in all activity areas:

(c) The noise levels shall be measured in accordance with NZS 6801:1991 "Measurement of Sound" and

assessed in accordance with NZS 6802:1991

"Assessment of Environmental Sound". The noise level is the L10 descriptor, as defined in NZS 6801:1991.

(d) The lower levels shall apply between the commencement of the lower level on a Saturday evening and Monday morning, and Public Holidays, unless otherwise specified.

(e) The maximum sound level shall not exceed Lmax75dBA during the hours 10.00pm - 7.00am, measured anywhere within a residential activity area.

14C 2.1 Project-wide Operational noise for the shared path, Integrated Clubs Building, Whare and pods is expected to comply with (c) - (e).

Ngā Ūranga ki Pito-One shared path

REASONS

FOR CONSENT

AND PERMITTED

ACTIVITIES

Ngā Ūranga ki Pito-One shared path

Reasons for consent and permitted activities (Appendix C)

Revision history

Document acceptance

Contents

1 Introduction ... 1

2 Reasons for consent ... 1

3 Permitted activities ... 7

1 Introduction

1.1 Purpose of this report

2 Reasons for consent

2.1 National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health 2011

2.2 Wellington Regional Coastal Plan 2000

2.3 Wellington Discharges to Land Plan 1999

2.4 Proposed Natural Resources Plan (Decisions Version, 31 July 2019)

2.5 City of Lower Hutt District Plan 2004

3 Permitted activities