4.1 Introduction
This section of the report discusses the decisions requested in submissions
about designations 2-12, 10-12 and 10-13 and recommends how the panel could
respond to the matters raised and decisions requested in submissions. While
the relevant statutory matters (identified in section 2.0 of this report) will
not necessarily be referred to directly, the discussion and recommendations
have given appropriate consideration to these and any other relevant matters.
The submissions are contained in appendix 2. Any amendments to the Plan recommended
in response to submissions are identified in this section of the report and
are further detailed in appendix 4.
All the submissions considered in this report were received by the closing
date for lodging submissions (11 December 2006).
4.2 Submissions about designations 2-12: Waiheke Island Police Station
Submissions dealt with in this section:
8/1
4.2.1 Decisions requested
This submission seeks the council to provide more carparks in the police
station precincts and to amend the parking time restrictions on the roadside
carparks.
4.2.2 Planner's analysis and recommendations
The Waiheke Island Police Station at Ocean View Road is constructed and operational.
Prior to the construction of the police station, an outline plan of works was
required (Auckland City Council application reference LUC20050674901). As part
of the assessment of the outline plan of works, the council was required to
review the plans to determine compliance with each of the 11 conditions of the
designation (refer to Tables A7:1 and A7:2 attached as appendix 3)
Condition 2 of the designation requires that:
"The proposed development shall provide for not less than six on-site
parking spaces, of which one shall be available at all times to the visiting
public. Parking spaces shall comply with appropriate District Plan standards
and be formed, finished in an all-weather surface, and marked out."
The accompanying plans for the outline plan of works showed compliance with
this condition. In addition, the Building Code (and rule 13.7.4.2(b) of the
Plan) requires that one of the parking spaces provided on site is suitable for
use by disabled persons. It is entirely appropriate that the disabled parking
space is the space that is available to the visiting public rather than the
five spaces that are for the exclusive use of police vehicles. Compliance with
condition 2 above was therefore considered to be met when assessing the outline
plan of works. There is limited opportunity to provide further carparking on
the site. The only practical option is to reduce the landscaping at the front
of the site and this is not recommended as being a suitable or necessary alternative
to address the submitter's concerns.
That part of the submission seeking to alter the parking 60 restrictions
is considered beyond the scope of what can be addressed by the Plan.
Planner's recommendation: submission
8/1 pertaining
to designation 2:12 be rejected
4.3 Submissions about designation 10-12: Line depot and electricity substation
Submissions dealt with in this section:
941/53
4.3.1 Decisions requested
The sub-heading above paragraph 5 of the conditions relating to the designation
for a line depot and electricity substation at Ostend (map ref 10-12) should
be amended to read "Noise", rather than "Demolition and construction".
4.3.2 Planner's analysis and recommendations
The relief sought reflects that each of the conditions under the sub-heading
relate to noise generated by the activity, and not just construction noise.
The decision sought better reflects the purpose and wording of the conditions,
which are to mitigate noise arising from any activity associated with the operation
of the substation.
Planner's recommendation: submission
941/53 pertaining
to designation 10:12 be accepted.
4.4 Submissions about designation 10-13: Waiheke Primary School
Submissions dealt with in this section:
849/1,
849/2,
849/3,
849/4,
849/5,
2098/8,
2098/9,
2098/10,
2098/11,
3242/1,
3242/2,
3242/3
4.4.1 Decisions requested
4.4.1.1 Submissions 849
Amend condition 6a applying to Waiheke Primary School to read as follows
: ...."the minister shall ensure that the landscaping of the Waiheke Primary
School will achieve the objective of screening the entire school, all carparks
in particular and playing fields when viewed from all boundaries by ensuring
that all plants are to achieve, at the time of planting, a height of 3m or grow
to a minimum height of 3m throughout the site within 12 months of the opening
of the school."
Amend condition 12 by adding: That all carparking areas are to be lockable
and effectively screened from all adjacent properties and the road by the erection
of a wall or fence and appropriate landscaping that will be of a minimum height
of 3 metres.
Add another clause that ensures "that neither the school nor any parts of
its grounds are to be used outside the hours of 8am to 5 pm each school day
by any other persons than school staff. The entire area designated as 'Waiheke
Primary School' is not to be used in any way by any person(s) on any weekends
or evenings or nights that will create any but the lowest measurable noise.
The WPS staff will ensure that all the necessary measures are taken to ensure
that no other persons are able to access the entire school grounds outside the
school day hours of 8am to 5pm."
Clarify/amend conditions 24 a(i) - b (ii) that will ensure the upholding
of all noise levels as agreed at the settlement of the original resource consents
appeals.
Amend condition 15 by adding the word "two".. before "suitably designed acoustic
fence"
4.4.1.2 Submissions 2098
Amend condition 17(b) to the designation for the Waiheke Primary School,
map ref 10-13 (as recorded in table A7.2 of appendix 7 - List of designated
sites) as follows:
'b. Details of how the school complies with the land unit 20
provisions for the school site and part 6F - Educational facility
assessment criteria of the Plan (noting that the greater
building and impermeable surface limits set out in condition 5 will apply);
and'
Amend the last sentence of condition 17 by deleting the words 'annexed
hereto'
Amend the second sentence of condition 19 by deleting the words 'annexed
hereto'
Delete the existing condition 22
22. No part of any building shall exceed a height equal to the recession
plane angle shown in the attached figure 9B - recession plane cross section.
To determine the maximum permitted height in relation to boundaries on the lot
the diagram in the attached figure 9A - recession plane indicator must be viewed
within the lot and oriented north. The angle of inclination relative to a particular
boundary is determined by the angle on the diagram in figure 9A adjacent to
the boundary. [Figures 9A and 9B copied from figures 9A and 9B in the District
Plan].
Replace it with the following: '22. All buildings must comply with clause
10c.4.3 Building in relation to boundary.'
4.4.1.3 Submissions 3242
The district Plan (map ref 10-13) states that we (Waiheke Primary School)
are a facility for Years 1-6 pupils. We would like to have this amended to Year
1-8.
We (Waiheke Primary School) are looking to return to the Environment Court
to increase the school roll in the future to a maximum of 400 children.
We (Waiheke Primary School) are looking to increase the allocated area on
the site for building from the current limitation to avoid having two storey
buildings for young children.
4.4.2 Planner's analysis and recommendations
4.4.2.1 Submissions 849
The notice of requirement for the designation was the subject of an Environment
Court appeal, which was settled by consent order. The matters raised in this
submission seek to address what are concerns with the consent order or the implementation
and operation of the works.
The notice of requirement for the school was appealed to the Environment
Court and settled by way of consent order in 2002. Given that the parties involved
in the consent order agreed to the conditions of the designation, and these
conditions are those included in the Plan, it is not considered appropriate
or necessary to review these conditions at this time. Further, as part of the
assessment of the outline plan of works (council reference LUC20031125901),
the council reviewed the plans and information that formed part of the outline
plan of works and determine the conditions were met.
The submitter's outstanding concerns regarding the implementation and operation
of the works are more appropriately dealt with via other processes such as monitoring
or if required, enforcement.
Planner's recommendation: submissions
849/1,
849/2,
849/3,
849/4,
849/5 pertaining to designation
10:13 be rejected.
4.4.2.2 Submission 2098
The amendments sought by the submitter (Auckland City Council) are required
to ensure that cross-references in the conditions to other parts of the Plan
are accurate. The changes proposed are administrative because the school has
been constructed and they do not change to the intent, meaning or purpose of
the conditions for any future works.
Planner's recommendation: submissions
2098/8,
2098/9,
2098/10,
2098/11
pertaining to designation 10:13 be accepted.
4.4.2.3 Submission 3242
The requiring authority's Form 18 notice of confirmation of designation 10-13:
Waiheke Primary School stated:
"The nature of the public work is as follows:
The school provides facilities for education of student for years 1-6. The
work is in accordance with the definition of 'educational facilities' in Chapter
11 (Definitions) of the Hauraki Gulf District Plan, which is as follows:
"means land and or buildings used to provide regular instruction or training
in accordance with a systematic curriculum by suitably qualified instructors
and includes schools, technical institutes, teachers colleges, universities,
outdoor centres and sports training establishments."
As listed in the Plan, designation 10:13 Waiheke Primary School does not
contain conditions or limit the students to years 1-6. The Form 18 does however
define the nature of the work. The school has lodged a submission to reflect
that it caters for year 1-8 students. Rather than the school lodge a submission,
it would have been preferable for the Ministry to amend the Form 18 or the designation.
At this point, the council could simply accept the submission as it does not
require any changes to the Plan. For administrative simplicity, it is recommended
that submission
3242/1 be accepted.
Submissions 3242/1
and 3242/2 relate
to future activities for which no detail has been provided from the Minister,
and would in any case, require public notification of a further notice of requirement
under section 168(1) or section 181(1) of the RMA. This need for a further notice
of requirement to increase the roll numbers is specified in the note attached
to condition 4, which limits the school roll to the numbers specified in the
condition. Accordingly, it is considered inappropriate to address this by way
of submission.
Planner's recommendation: submission
3242/1 pertaining
to designation 10:13 be accepted.
Planner's recommendation: submission
3242/2 and
3242/3 pertaining
to designation 10:13 be rejected.
