District Plan Hauraki Gulf Islands Section - Proposed 2006

(Notified version 2006)

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Report on notices of requirement for the outer islands: the Auckland City District Plan: Hauraki Gulf Islands Section – Proposed 2006

1.0 Introduction

This report considers modifications to an existing designation and a Notice of Requirement (the requirement) by Auckland City Council that were notified as part of the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006 ('the Plan'). The existing designation is the Claris landfill (54-11) and the notice of requirement applies to an extension to the Claris landfill - waste related activities (54-12).

The Plan was publicly notified on 18 September 2006. The closing date for lodging submissions was 11 December 2006. The submissions and summary of decisions requested were publicly notified for further submission on 29 April 2007. The closing date for lodging further submissions was 28 May 2007. Submissions have been received and are considered as part of this report.

This report has been prepared under section 42A of the Resource Management Act 1991 ('the RMA'), to assist the hearings panel to consider the notices of requirement and submissions received. 

The recommendations contained in this report are not decisions of the council. The council will issue its decision following a review of the report of the independent hearings panel who will consider the submissions, further submissions, any supporting evidence presented at the hearing, and this report. The council's decisions will be released after all the hearings to the Plan have been completed.

2.0 The modifications and notice of requirement

2.1 Claris landfill: designation reference 54-11

The Claris landfill is listed in Part 9.2 of Appendix G to the Auckland City District Plan: Hauraki Gulf Islands Section - Operative 1996 as follows:

L. Claris landfill, Gray Road
Allotment 257, Aotea Parish, (CT 55B/11143)

The land is owned by the designating authority, Auckland City Council and the nature of the work is a landfill. An aerial view of the site is attached as Appendix 1. The conditions attached to the existing designation are included at Appendix 2.

The Form 18 request for modification is attached as Appendix 3.

The modifications sought are listed in attachment 1 to the request for modifications. In summary, these changes include:

• Correcting typographical errors
• Clarifying the purpose of conditions
• Deleting references to trenches and consequential amendments to reflect the Auckland Regional Council approved Operational Management Plan
• Increasing the noise limits to reflect the levels produced by the existing operation

The designation is listed in Appendix 7, Table A7.3 of the Plan as follows:

Planning map ref	Address	Description of designation	Requiring authority	Conditions apply
54-11	70 Gray Road, Claris, Great Barrier	Claris landfill	Auckland City Council	Yes (see table A7.4)

The conditions of this designation are listed in Appendix 7, Table A7.4 of the Plan, and are set out at Appendix 2.

2.2 Claris landfill - waste related activities: designation reference 54-12

Proposed designation 54-12 is for the Claris landfill - waste related activities. The area of the designation involves of 8,296m² of land to the south of the existing landfill, and is shown on attachment 2 of the notice of requirement and accompanying Assessment of Environmental Effects (AEE), attached as Appendix 4. For an aerial view of the site, refer to Appendix 1.

The nature of the work, as described in the Form 18 public notice, is for landfill - waste related activities. The purpose of the extension to enable better management of the existing landfill by relocating a number of existing activities to the extension and providing for future activities such as resource recovery. The land is owned by the Crown and administered by the Department of Conservation. 

Proposed designation 54-12 is listed in Appendix 7, Table A7.3 of the Plan as follows:

Planning map ref	Address	Description of designation	Requiring authority	Conditions apply
54-12	40 Hector Sanderson Road, Great Barrier	Claris landfill - waste related activities including: Stockpiling of capping material for landfill operations. Formalisation of existing resource recovery operations. Future relocation of car crushing operation. Future resource recovery area. Future composting operations. Future irrigation from septic tank sludge treatment. Administrative offices, workshops, and storage facilities ancillary to any of the above activities. Staff and visitor amenities including car parking. Site preparation work for the establishment or construction of any of the above activities.	Auckland City Council	No

No conditions are proposed with the notice of requirement.

3.0 Statutory and Plan framework

This section of the report briefly sets out the statutory framework within which the independent hearing panel must consider the modifications, notice of requirement and the submissions received.

3.1 Designations

Clauses 4-9, 11, 13-16 of the First Schedule and sections 168-172 of Part VIII are the relevant provisions of the RMA.

As provided for by sections 166, 175 and 176 of the RMA, a designation is a form of land use control that overrides the provisions of a district plan. It is used by a requiring authority such as local authorities, Ministers of the Crown and network utility operators to provide for utility services and public works such as roads, railways, police stations, reserves, power supply, communication facilities and schools in the district plan. 

Contained in clause 1.6.5 of Part 1 of the Plan is reference to how designations are included in the Plan.

"Sites which are subject to a designation are identified on the planning maps by means of a distinctive notation and a map reference number. The reference number links to further information in appendix 7 - List of designations, which describes the designation and any associated conditions.

The effect of a designation is to override the general provisions of the Plan and any resource consent, for activities that are consistent with the designated purpose. Once a designation is included in the Plan, no one may without the prior written consent of the requiring authority do anything to the affected land that would prevent or hinder it being used for its designated purpose."

Following the introduction of a new designation into a Plan, as specified in section 176A of the RMA, the requiring authority is to submit an outline plan of works for any development (or modifications) on the designated site (unless the conditions of the designation specify otherwise or an exemption is given by the territorial authority). The only statutory requirement for an outline plan of works is that the territorial authority has 20 working days to assess the application and make any requests to the requiring authority for changes. It is noted that there is no requirement for public (3rd party) involvement during the outline plan process (although the RMA does not prevent this) and that the requiring authority is not obligated to make any changes (although there is an opportunity for the territorial authority to appeal to the Environment Court if desired).

3.2 First Schedule

In accordance with the provisions of clause 4 of the First Schedule of the RMA (requirements to be inserted prior to notification of proposed district plans), the territorial authority has invited the requiring authorities for existing designations to advise whether they require the designation to be included in the proposed plan, with or without modification.

In this case, Auckland City Council, who are a requiring authority, has requested modifications to an existing designation and the inclusion of a new designation (known as a notice for requirement), and that these are included as part of the notification of the Plan.

3.3 Assessment, decisions and appeal rights

Section 168A of the RMA outlines the specific process for considering and determining modifications to existing designations and a notice of requirement by a territorial authority. Because of its significance, it is reproduced in full below.

Notice of requirement by territorial authority

1. When a territorial authority proposes to issue notice of a requirement for a designation—
   1. For a public work within its district and for which it has financial responsibility; or
   2. In respect of any land, water, subsoil, or airspace where a restriction is necessary for the safe or efficient functioning or operation of a public work— it shall [[notify the requirement in accordance with section http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=2818929924&hitsperheading=on&infobase=pal_statutes.nfo&jump=a1991-069%2fs.93-ss.2&softpage=DOC - JUMPDEST_a1991-069/s.93-ss.293(2); and the provisions of section http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=2818929924&hitsperheading=on&infobase=pal_statutes.nfo&jump=a1991-069%2fs.168&softpage=DOC - JUMPDEST_a1991-069/s.168168, with all necessary modifications, shall apply to such notice.
2. Sections ... , http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=2818929924&hitsperheading=on&infobase=pal_statutes.nfo&jump=a1991-069%2fs.96&softpage=DOC - JUMPDEST_a1991-069/s.9696, 97, and 99 to 103 shall apply, with all necessary modifications, in respect of a notice under subsection (1), as if every reference in those sections—
   1. To a resource consent were a reference to the requirement; and
   2. To an applicant [[or a consent authority]] were a reference to the territorial authority; and
   3. To an application for a resource consent were a reference to the notice under subsection http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=2818929924&hitsperheading=on&infobase=pal_statutes.nfo&jump=a1991-069%2fs.168a-ss.1&softpage=DOC - JUMPDEST_a1991-069/s.168a-ss.1(1).
3. When considering a requirement and any submissions received, a territorial authority must, subject to Part http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=2818929924&hitsperheading=on&infobase=pal_statutes.nfo&jump=a1991-069%2fpt.2&softpage=DOC - JUMPDEST_a1991-069/pt.22, consider the effects on the environment of allowing the requirement, having particular regard to—
   1. any relevant provisions of—
      1. a national policy statement:
      2. a New Zealand coastal policy statement:
      3. a regional policy statement or proposed regional policy statement:
      4. a plan or proposed plan; and
   2. whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the work if—
      1. the requiring authority does not have an interest in the land sufficient for undertaking the work; or
      2. it is likely that the work will have a significant adverse effect on the environment; and
   3. whether the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and
   4. any other matter the territorial authority considers reasonably necessary in order to make a decision on the requirement.
4. The territorial authority may decide to—
   1. confirm the requirement:
   2. modify the requirement:
   3. impose conditions:
   4. withdraw the requirement.
5. Sections http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=2818929924&hitsperheading=on&infobase=pal_statutes.nfo&jump=a1991-069%2fs.173&softpage=DOC - JUMPDEST_a1991-069/s.173173, 174, and 175 apply, with all necessary modifications, in respect of a decision made under subsection http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=2818929924&hitsperheading=on&infobase=pal_statutes.nfo&jump=a1991-069%2fs.168a-ss.4&softpage=DOC - JUMPDEST_a1991-069/s.168a-ss.4(4).

As provided for by section 168A(4), the territorial authority, when exercising its regulatory duties, is able to make a decision on the notice of the requirement. This distinction is important because where the requiring authority is not the council; the territorial authority can only make recommendations. An assessment of the two modifications and the three notices of requirement, having regard to the provisions of section 168A are set out under sections 5-9 of this report. 

Sections 173 and 174 of the RMA sets out the provisions for decisions and appeal rights and provides for any person who has made a submission to appeal the decision of the territorial authority to the Environment Court.

4.0 Assessment - Claris landfill designation reference 54-11 and Claris landfill - waste related activities designation reference 54-12

As the existing designation and the notice requirement for the waste related activities are interrelated, it is appropriate to consider these together.

4.1.1 The site(s) and surrounding neighbourhood

The existing site and in particular its physical characteristics as it relates to the landfill activity, are fully described in section 2.0 of the document by Morrison Low titled 'Claris Landfill Operational and Management Plan: draft', dated September 2005. The characteristics of the area of the proposed designation are similar, but it contains more vegetation, the majority of which are common or reasonably common species.

The sites are located within the Claris settlement area. All land physically adjoining the site is Crown owned land, held as recreation reserve, and administered by the Department of Conservation. The two sites are located on a landform that consists of dunes, bordering the Kaitoke Wetland. The Kaitoke Stream is 300m north and Kaitoke Beach is some 1800m to the east. The Claris airfield is located to the southeast. Other activities in the wider locality include industry, small-scale retailing, buildings for community purposes and the council administration building.

4.1.2 Section 168A - modifications to existing designation

The requiring authority proposes a number of changes to existing conditions. The nature of these changes is such that it not considered necessary re-assess the necessity for the public work or a consideration of alternatives. What is considered necessary is an assessment of the effects that may be generated by the proposed changes and where relevant, the district plan provisions. Each of the proposed changes is discussed below.

4.1.2.1 Condition 1 - change to legal description

The requiring authority has lodged the extension to the landfill as a separate notice of requirement. It is not therefore considered appropriate to incorporate the legal description for the land the subject of the separate notice of requirement into the description of the existing designation. It is recommended that the legal description be retained as is, without reference to the Crown owned land. 

4.1.2.2 Condition 2 - deletion of a letter

This change is to correct a typographical error, and has no consequences other than improving the grammar of the sentence. It is recommended that this change be accepted.

4.1.2.3 Condition 6 - deletion of references to trenches

Various conditions of the designation refer to the method of refuse disposal at the Claris landfill being in trenches. The actual method of disposal is however, a single mound. Attachment 4 of Appendix 1 of the statutory assessment is a letter from the Auckland Regional Council (ARC) on this non-compliance (as the requiring authority is also in breach of ARC permits that specify trenches being the method of disposal at the landfill). This letter confirms that a s127 variation is required to the ARC consents. Included on page two of the letter is the following:

Although the site is technically non-compliant at present, ARC considers that the current form of the landfill is not increasing the scale of adverse effects on the environment from those authorised by the consent. ARC also considers it impractical to require immediate measures to be taken at the site to regain compliance, as this would require significant disturbance and re-working of stockpiled old refuse, with little or no positive effect.

An application to vary the Auckland Regional Council permit 9510336 has been applied for, but at the time of writing this report, a decision has not been made.

Deleting the word trenches reflects the reality of the operation and the ARC has advised that subject to details being resolved through the variation application, single mound disposal is generally acceptable.

Condition 6 of the designation still refers to the Operational and Management Plan, which is a document that sets out the methodology for on-going management of effects. It is recommended that this change be accepted.

4.1.2.4 Condition 7 - alteration to landscaping condition

The changes proposed reflect that since the designation was approved in 1999, the fence has been erected. It is recommended that this change be accepted.

4.1.2.5 Conditions 8, 9 and 10 - deletion of references to trenches

Refer to the comments above under 4.1.2.3. It is recommended that these changes be accepted.

4.1.2.6 Condition 11 - noise

It is assumed the change to introduce the word 'notional' is to reflect that, the land the subject of the extension of the landfill remains in the ownership of the Crown, and is therefore a separate site. If the Crown land forms part of the same operation, there it is no practical reason to have a noise limitation measured between the two sites.

The modification to introduce the word 'residential' may create confusion over how this is to be interpreted as there is no specific land unit classification called 'residential' in the vicinity of the landfill. In my view, it is more appropriate to adopt the noise limits for Claris light industry area (the underlying classification) and apply these at the boundary/notional boundary. Table 10c.6 of the Plan provides a noise level (L_eq) of 55 dba during working hours and 40 dba at all other times. It is therefore recommended that the intent of the change be accepted, subject to further modification.

4.1.2.7 Condition 15 - correction of reference

This change is to correct a typographical error, and has no consequences other than improving cross-referencing to other documents. It is recommended that this change be accepted.

4.1.3 Section 168A - notice of requirement for Claris landfill - waste related activities designation reference 54-12

4.1.3.1 Assessment of effects

As described in the notice of the requirement, the nature of the works is for 'waste related activities'.

The purpose of the designation is for waste related activities. These activities would provide for the improved operation of the existing landfill site, and to provide for increased focus on waste reduction and diversion.

Following discussions with the requiring authority, it has been confirmed that this does not include landfill. While this may need to be considered in the future, an expansion of the landfill is not necessary at this time as the existing landfill has a life expectancy of between 29 - 51 years (refer Section 2.5 of the Operation and Management Plan).

Paragraph 4 of the notice of requirement lists the types of actual and potential effects that are associated with the proposed activities. The majority of these effects are addressed in general terms in the various attachments, but it is incorrect that a more detailed assessment of effects will be undertaken as part of a future land use consent application. Once the designation is in place, no further land use consents are required.

When considering this designation, the territorial authority needs to consider all actual and potential effects. This is necessary to determine whether to confirm, modify, impose conditions or withdraw the notice of requirement. An outline plan will of course be necessary, but it is not appropriate to rely on an outline plan as a means to address effects that should be considered as part of the assessment of the notice of requirement.

Apart from the office buildings (and this depends on their wastewater requirements), the activities will require consent from the Auckland Regional Council (ARC) as the designation does not override the need for ARC consents. The ARC will consider in detail, effects such as:

• leachate
• discharge to water
• hazardous substances
• air emissions
• pest control
• sediment control

While it is appropriate to reserve the detailed assessment of these effects to the ARC consent process, as part of the assessment of this notice of requirement, the territorial authority must be confident that the extent of these effects is acceptable or suitable conditions can be drafted to avoid, remedy or mitigate these effects to an acceptable level. Included with the application are the following documents that cover these effects:

• A draft Operational and Management Plan for the existing operation
• The resource consent assessment for the existing vehicle crushing operation
• A draft Operational and Management Plan for the septic tank sludge treatment facility

A number of activities on the existing site will be transferred to the extension, but the landfill does not form part of this designation. It therefore necessary to have a specific Operational and Management Plan applying to the particular activities located on the extension. Based on the information provided in the draft Operational and Management Plan for the existing site, it is considered sufficient to reserve the assessment of this to a later date by imposing a condition that an Operational and Management Plan be prepared prior to commencement of the works. This Operational and Management Plan should include the existing methodology or if necessary, an updated methodology for the vehicle crushing operation and irrigation from the specific tank sludge treatment. The Operational and Management Plan may need to be progressively updated as the activities are established, as not all activities will commence at once.

In my view, the following effects need to be specifically considered at this time as they are less likely to or are not within regional council jurisdiction and are not covered in the Operational and Management Plan:

• ecological and archaeological values
• landscape and visual amenity
• building bulk or material bulk
• traffic effects
• noise

Ecological and archaeological values

The archaeological and ecological reports included at attachments 4 and 5 (refer to appendix 4 of this report) confirm that there is a low probability of the works generating any more than a minor adverse effect on the archaeological and ecological qualities of the environment.

Measures to protect the ecology beyond the area of works are set out on pages 7 and 8 of the ecological report by Wildland Consultants. These measures are concerned to ensure the protection of the surrounding environment from leachate, stormwater run-off and pest control. These are matters that will be addressed in the Operation and Management Plan, and will also be considered as part of any ARC consent.

The recommendation that a buffer yard be imposed and consideration given to protecting and restoring indigenous vegetation and habitats has not been translated into the plan at attachment 2. A condition to this effect is therefore recommended. It is also recommended that the buffer yard between the existing designation and the proposed extension serves no purpose and should be deleted.

Given the site's proximity to a wetland, the ideal would be for no waste related activities occurring beyond the bounds of the existing site. However, the ecological report does not preclude the activities from occurring on the site.

Landscape and visual amenity

The extent of landscape and visual effects are minor given that the 'viewing audience' is limited and the activity is set back from the road and screened by vegetation.

Building bulk or material bulk

As noted earlier in this assessment, a 10m buffer yard is recommended and if this is supported, the building will be set back at least 10m from the boundaries of the site. This is far greater than the 4m front yard and 1.5m side yard requirements for the industrial area in the Claris settlement area (refer to Table 10.6c set out at Appendix 5 to this report).

Details relating to building bulk can be addressed as part of the outline plan of works, but as a precautionary measure, a condition could be imposed that no buildings exceed 8m in height (the height limit for buildings in the industrial area). In the notice of requirement, it is stated that the maximum height of the stockpile of capping material would be 10m. This will not be a permanent fixture and will not be highly visible except from inside the site or for brief moment, by air. The extent of the effects generated the stockpile are acceptable.

It is noted that in this location, this height will not create an issue for the Claris airfield.

Traffic effects

In the context of the site surrounds, traffic is not considered an issue, and onsite parking can be addressed through suitable conditions.

Noise

Noise can also be addressed through the imposition of a condition. 

4.1.3.2 Relevant provisions of statutory documents

There is no National Policy Statement relating to landfills.

In the operative district plan, no mention is made of the landfill in Policy 3 - Claris. The focus of Policy area is on the protection of the airport. In the proposed plan, provision is made for light industry along Gray Road, including the area covered by the existing landfill. The area of the extension is classified as Claris dune and wetland conservation area. The land is also recorded as being an ecologically sensitive area (54-4). Relevant extracts are attached at Appendix 5 to this report.

There is an absence of sensitive human activities near the site (eg residential amenity area and local retail area) and the operative and proposed plans limit such activities from being located in this area in order to protect the airport from reverse sensitivity. The principle concern in both the operative and proposed plans is not a conflict with human activity, but rather protecting the ecological qualities of the landform and the function of the airport. The survey by Wildland Consultants has confirmed that the flora on the site is common or relatively common. The survey did observe a number of sparse and endangered birds in the area, but no particular restrictions on the works were considered necessary. Overall, the extension is not considered contrary to the operative or proposed plan.

4.1.3.3 Consideration of alternative sites, routes or methods

The requiring authority has not considered alternative sites. The reason given is that the extension is to improve the existing operation. It is accepted that transferring a number of activities onto the adjacent site will improve the existing operation, provide longevity for the landfill and provide additional land for resource recovery.

4.1.3.4 Necessary to achieve objective of the requiring authority

It is accepted the designation is reasonably necessary to achieve the objective of the requiring authority. It is also necessary for the waste related activities to be located directly adjoining the existing landfill operation.

4.1.3.5 Submissions

No submissions have been received to this notice of requirement.

4.1.3.6 Part II

As a matter of national importance (section 6(a) of the RMA) is the protection of the coastal environment.

The preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development

This site is in close proximity to a wetland, stream and coast. Allowing waste relates activities in the area has the potential for conflict with this clause, but it has been identified that there is no significant indigenous vegetation on the site (s6(e)). It is also accepted that in terms of section 7(b) (other matters), it is the most efficient use of a physical and natural resource to locate the related activities directly adjacent the existing landfill.

Subject to the recommended conditions, on balance, the works are not contrary to Part II of the RMA.

5.0 Submissions

The submissions dealt with in this report: 1080/1, 2098/12, 2098/13, 2098/14, 2098/15, Copies of the submissions are attached at Appendix 6.

5.1 Claris landfill designation reference 54-11

Five submissions were received to this modification - numbers 1080/1 and 2098/12, 2098/13, 2098/14, 2098/15

5.1.1 The decisions requested

1080/1: The retention of the proposed conditions listed at Appendix 7 Table A7.4 on the Claris Landfill (designation 54-11) to ensure potential adverse effects of the Landfill on the airport such as bird strike, are adequately managed.

2098/12: Amend condition 8 to the designation for the Claris landfill, map ref 54-11 (as recorded in table A7.4 of appendix 7 - List of designated sites) by replacing the words 'Auckland City brochure and annexure 1 - Erosion and sediment control measures: guidelines for earthworks' with the words 'appendix 16 - Erosion and sediment control guidelines for earthworks'.

2098/13: Amend condition 11 to the designation for the Claris landfill, map ref 54-11 (as recorded in table A7.4 of appendix 7 - List of designated sites) as follows:

• Replace the word 'legal' in the opening sentence with the word 'notional'.
• Replace the words 'levels determined for land unit 2' at the end of the first sentence with the words 'following levels'.
• Increase the first L10 level (applying Monday to Saturday 7.00am - 10.00pm and Sundays 9.00am to 6.00pm) from 40dBA to 50dBA.

2098/14: Amend condition 15 to the designation for the Claris landfill, map ref 54-11 (as recorded in table A7.4 of appendix 7 - List of designated sites) by replacing '3.8.3' with '3.8.4'.

2098/15: Amend condition 15 to the designation for the Claris landfill, map ref 54-11 (as recorded in table A7.4 of appendix 7 - List of designated sites) as follows (deletions shown with strikethrough, insertions with underlining):

16. Any substance listed in the schedule of prohibited substances (appendix 1) appendix 4: Prohibited wastes, of the operational management plan, is not permitted to be disposed of at the Claris landfill site.

5.1.2 Planner's analysis and recommendations

Submission 1080/1 seeks to retain the existing conditions directed as preventing bird-strike. No submissions have been received on changes to the conditions listed at Appendix 7 Table A7.4 as they relate measures to prevent bird strike. It is therefore recommended that this submission be accepted.

Submission 2098/12, 2098/14, 2098/15 are administrative changes to existing conditions to reflect the context of the proposed plan. It is recommended these submissions be accepted.

Submission 2098/13 is a further change to condition 11 (noise). It recommend that the word 'notional' replaces legal, but for the reasons already considered in section on 6.1.2.6 of this report the intent of the changes be addressed through a more preferred wording than that suggested. It is recommended this submission be accepted in part.

Planner's recommendation: submissions 1080/1, 2098/12, 2098/14 and 2098/15  be accepted and submission 2098/13 be accepted to the extent the intent of the submission is addressed, but an alternative wording is recommended.

5.2Claris landfill extension designation reference 54-12

No submissions were received this to notice of requirement.

6.0Conclusion

This report assesses a modification to an existing designation and the notice of requirement for a proposed designation where the requiring authority is the territorial authority (the Auckland City Council). The modifications and proposed designations were notified as part of the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006. 

The report identifies the primary issues, summarises the submissions received and provides an assessment pursuant to section 168A of the RMA.

The modifications to the conditions of the existing landfill reflect the current operation of the landfill, and subject to a number of amendments to the suggested wording, the modifications will not result in an increase in adverse effects on the environment.

It is accepted that Claris landfill - waste related activities proposed with the new designation are necessary public works. No submissions have been received to the new designation, but conditions on the works are considered necessary in order to protect wider environment, the adjacent Kaitoke Wetland and to provide a degree of certainty on the scale and form of the activities. It is therefore recommended that conditions be imposed.

7.0Recommendations

That, subject to new or contrary evidence presented at the hearing that would lead to a different conclusion, the following is recommended:

7.1Recommendation 1:  modifications to Claris landfill: designation reference 54-11

That in accordance with Section 168A of the Resource Management Act 1991, the panel recommends that the Auckland City Council confirm the modifications to the Claris landfill at 70 Gray Road, Claris, legally described as Allotment 257, Aotea Parish, comprised in certificate of title 55B/11143.

This is subject to the following conditions outlined below (existing and recommended conditions listed)

General

1. Except for changes necessary to give effect to the conditions numbered 2-16 that follow, the activity shall be carried out in accordance with the information submitted to council as part of the notice of requirement and the Auckland Regional Council approved operational management plan.

Traffic and parking

2. All principal access, parking and manoeuvring areas shall be metalled and graded to a similar standard found with other roads on the Great Barrier Island and shall be maintained in accordance with 3.2.5 of the operational management plan.
3. The activity shall be restricted to operating between the hours of 8am and 6pm, Monday to Saturday, 9am and 5pm Sundays and all public holidays.
4. Signs shall be placed and maintained on the site in accordance with the operational management plan (3.2.4). All signs shall comply with the provisions of the Auckland City consolidated bylaw (Part 27 - Signs).

Landscaping and fencing

5. A landscaping plan and planting programme shall be prepared for the establishment of a permanent 10m buffer zone for implementation in the next planting season. This planting shall be additional to the present adventitious location of pine trees in this buffer area. The site plan submitted with the notice of requirement shall be amended to take account of this condition.
6. An appropriate ground cover shall be planted as soon as practicable following the final clay capping of refuse in accordance with the closure plan outlined in the operational management plan.
7. A 1.8m high fence shall be erected and maintained along the boundary of the refuse disposal areas. A 1.8m high security fence with barbed strands shall be erected along the boundary of the sludge disposal area. The main entrance shall be fitted with a gate and locked outside opening hours. This condition shall be carried out in accordance with the site plan submitted with the notice of requirement.

Earthworks

8. The requiring authority shall implement suitable sediment control measures during all earthworks to ensure that all stormwater runoff from the site is managed and controlled to ensure that no silt, sediment or water containing silt or sediment is discharged into stormwater drains, channels or soakage systems in accordance with the operational management plan and appendix 16 - Erosion and sediment control guidelines for earthworks. Temporary open drains and earth bunds shall be constructed in order to keep stormwater away from active tipping zones.
9. All refuse shall be covered daily unless impractical to do so. Areas used for the sludgedisposal shall be at least 1.5m above groundwater level throughout the year.

Leachate discharge / groundwater monitoring

10. The requiring authority shall ensure compliance with the Auckland Regional Council consent conditions (10335 and 10336) and the provisions of the operational management plan to ensure leachate discharge is minimised. In particular the requiring authority shall:
    1. Divert stormwater away from tipping faces.
    2. Keep the active tip face as small as practicable.
    3. Cap the refuse with clay as each portion of the landfill is completed.
    4. Cover the finished areas with an appropriate ground cover.

Noise

11. The noise arising from any activity associated with the operation of the Claris landfill, measured at either the notional boundary of the adjoining Crown owned land or the legal boundary of the site shall not exceed the following levels:

Monday to Saturday 7.00am - 10.00pm and Sundays 9.00am to 6.00pm	Leq 55dBA
At all other times	Leq 40dBA Lmax 75dBA

All noise shall be measured in accordance with the provisions of clause 4.7: measurement of sound set out in the Plan.

12. Operations associated with the mulcher are excluded from the noise limitations specified in condition 10. The mulcher shall be restricted to operating once a week between Monday and Friday. The use of the mulcher during this time shall not exceed a 2 hour continuous period.

Pests and vermin

13. The requiring authority shall undertake management practices to control pests and vermin on the site by covering refuse daily unless impracticable to do so and utilising pest control techniques set out in the operational management plan (3.8.4).

Hazardous items

14. Any substance listed in appendix 4: Prohibited wastes, of the operational management plan, is not permitted to be disposed of at the Claris landfill site.
15. The requiring authority may store hazardous substances at the Claris landfill for future transfer and disposal at a registered hazardous disposal facility.

Review

16. The conditions of this requirement are subject to an annual (12 monthly) review to ensure that activities at the Claris landfill are implemented in accordance with the operational management plan and RMA obligations.

    Advice note:

    The requiring authority needs to obtain all other necessary consents and permits, including those under the Building Act 1991, and comply with all relevant council bylaws.

    The reasons for this recommendation are as follows:

    1. The modification is reasonably necessary as it provides for the effective operation of an existing public work for which a demonstrable need or objective has previously been established.
    2. The modifications sought are largely administrative and subject to the conditions listed above, in the context of the site surrounds and highly modified environment, the effects of the works on the environment can be avoided or mitigated to an acceptable level.
    3. The designation is not contrary to the relevant provisions of the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006.
    4. The designation is consistent with Part II, the purpose and principles of the Resource Management Act 1991.

7.2Recommendation 2:  proposed designation Claris landfill - waste related activities: designation reference 54-12

That in accordance with Section 168A of the Resource Management Act 1991, the panel recommends that the Auckland City Council confirm the notice of requirement for the Claris landfill - waste related activities at 40 Hector Sanderson Road, Great Barrier, described as 0.8296ha of Crown Land Areas 'A' 'B' on SO 69658 & 'E' on SO 66796 GAZ 1993 PG 3620, GAZ 2000.

This is subject to the following conditions outlined below.

General

1. The scope and extent of the activities and works authorised by the designation will be generally in accordance with the notice of requirement and accompanying information, subject to final design and any modifications required to comply with the conditions set out below.

Operational Management Plan

2. Prior to commencement of works authorised by the designation, an Operational Management Plan, incorporating the actual works that are to occur on the site shall be prepared. This Operational Management Plan shall be prepared in line with the Operational Management Plan for the existing Claris Landfill Site. This plan shall be submitted to and approved by the Team Leader, Planning Hauraki Gulf Islands. Thereafter, the Operational Management Plan shall be maintained as a document that reflects any new activities (within the scope of the designation) or where there is a substantial alteration to existing activities.

Traffic and parking

3. All principal access, parking and manoeuvring areas shall be metalled and graded to a similar standard found with other roads on the Great Barrier Island.
4. The activity shall be restricted to operating between the hours of 8am and 6pm, Monday to Saturday, 9am and 5pm Sundays and all public holidays.
5. The location, placement and maintenance of signs shall be addressed in the Operational Management Plan (refer condition 1 above) and shall comply with the provisions of the Auckland City consolidated bylaw (Part 27 - Signs).

Landscaping, fencing and buildings

6. Prior to commencement of works authorised by the designation, a 10m buffer yard shall be provided along the full length of the northern, eastern and southern notional boundaries. A landscaping plan and if appropriate, additional planting programme, shall be prepared for the maintenance/establishment of a permanent 10m buffer zone prior to commencement of the works the subject of this designation. This planting shall be additional to the present adventitious location of pine trees that may be located in the buffer yard, where agreed with the Council arborist. The site plan submitted with the notice of requirement shall be amended to take account of this condition.
7. A 1.8m high security fence shall be erected along the full length of the northern, eastern and southern notational boundaries. Care shall be taken during construction of this fence to protect existing vegetation. 
8. The maximum height of all buildings shall not exceed 8.0m.

Earthworks

9. The requiring authority shall implement suitable sediment control measures during all earthworks to ensure that all stormwater runoff from the site is managed and controlled to ensure that no silt, sediment or water containing silt or sediment is discharged into stormwater drains, channels or soakage systems in accordance with the operational management plan and appendix 16 - Erosion and sediment control guidelines for earthworks. Temporary open drains and earth bunds shall be constructed in order to keep stormwater away from active tipping zones.
10. All refuse shall be covered daily unless impractical to do so. Areas used for the sludge disposal shall be at least 1.5m above groundwater level throughout the year.
11. The requiring authority shall ensure that any regional and territorial authority consents required for any aspects of the works are obtained prior to commencement of the works, and that compliance with any conditions are adhered to.

Noise

12. The noise arising from any activity associated with the operation of the Claris landfill, measured at either the notional boundary of the adjoining Crown owned land or the legal boundary of the site shall not exceed the following levels:
     

    Monday to Saturday 7.00am - 10.00pm and Sundays 9.00am to 6.00pm	Leq 55dBA
    At all other times	Leq 40dBA Lmax 75dBA

    All noise shall be measured in accordance with the provisions of clause 4.7: measurement of sound set out in the Plan.

13. Operations associated with the mulcher are excluded from the noise limitations specified in condition 12. The mulcher shall be restricted to operating once a week between Monday and Friday within the operating hours specified in condition 4. The use of the mulcher during this time shall not exceed a 2 hour continuous period.

Pests and vermin

14. The requiring authority shall undertake management practices to control pests and vermin on the site and utilising pest control techniques set out in the operational management plan.

Hazardous items

15. Any substance listed in appendix 4: Prohibited wastes, of the operational management plan, are not permitted to be disposed of at the Claris landfill site.
16. The requiring authority may store hazardous substances at the Claris landfill for future transfer and disposal at a registered hazardous disposal facility.

Review

17. The conditions of this requirement are subject to an annual (12 monthly) review to ensure that activities at the Claris landfill are implemented in accordance with the operational management plan and RMA obligations.

    Advice note:

    The requiring authority needs to obtain all other necessary consents and permits, including those under the Building Act 1991, and comply with all relevant council bylaws.

    The reasons for this recommendation are as follows:

    1. The designation is reasonably necessary as it provides for a public work for which a demonstrable need or objective has been established and in this particular location.
    2. Subject to the conditions listed above, the potential and actual effects of the works on the environment can be avoided, remedied or mitigated to an acceptable level.
    3. The designation is not contrary to the relevant provisions of the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006.
    4. The designation is consistent with Part II, the purpose and principles of the Resource Management Act 1991.

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