District Plan Hauraki Gulf Islands Section - Proposed 2006

(Notified version 2006)

Street index | Planning maps | Text | Appendices | Annexures | Section 32 material | Plan modifications | Help | Notified - Home | Decision - Home

Hearing reports index

Commercial 6 (quarry)

1.0 Introduction

This report considers submissions and further submissions ('submissions') that were received by the council in relation to Commercial 6 (quarry) of the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006 ('the Plan'). 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.

This report has been prepared under section 42A of the Resource Management Act 1991 ('the RMA'), to assist the hearings panel to consider the submissions on Commercial 6 (quarry). This report discusses the submissions (grouped by subject matter or individually) and includes recommendations from the planner who prepared this report. The recommendations identify whether each submission should be accepted or rejected (in full or in part) and what amendments (if any) should be made to the Plan to address matters raised in submissions. Further submissions are not specifically addressed but are dealt with in conjunction with the submissions to which they relate.

The recommendations contained in this report are not decisions of the council. The council will issue its decisions following consideration of 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 Statutory framework

This section of the report briefly sets out the statutory framework within which the council must consider the submissions. In preparing this report the submissions and, in particular, the decisions requested in the submissions, have been considered in light of the relevant statutory matters. These were summarised by the Environment Court in Eldamos Investments Limited v Gisborne District Council W 047/05 where the court set out the following measures for evaluating objectives, policies, rules and other methods in district plans:

1. The objectives of the Plan are to be evaluated by the extent to which they:
   1. Are the most appropriate way to achieve the purpose of the RMA (s32 (3) (a)); and
   2. Assist the council to carry out its functions in order to achieve the purpose of the RMA (s72); and
   3. Are in accordance with the provisions of part 2 of the RMA (s74 (1).
2. The policies, rules, or other methods in the Plan are to be evaluated by the extent to which they:
   1. Are the most appropriate way to achieve the objectives of the Plan (s32 (3) (b)); and
   2. Assist the council to carry out its functions in order to achieve the purpose of the RMA (s72); and
   3. Are in accordance with the provisions of part 2 of the RMA (s74 (1)); and
   4. (If a rule) achieve the objectives and policies of the Plan (s76 (1) (b)).

The purpose of the RMA is "to promote the sustainable management of natural and physical resources", and "sustainable management" is defined in section 5(2) as meaning:

"... managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while—

(a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and

(b) Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and

(c) Avoiding, remedying, or mitigating any adverse effects of activities on the environment."

Along with section 5, part 2 of the RMA includes sections 6 (matters of national importance), 7 (other matters) and 8 (Treaty of Waitangi), which set out a range of matters that the council needs to recognise and provide for in achieving the purpose of the RMA. Those matters are also relevant when considering submissions.

The Plan must assist the council to carry out its functions under section 31 of the RMA. These functions are:

"(a) The establishment, implementation, and review of objectives, policies, and methods to achieve integrated management of the effects of the use, development, or protection of land and associated natural and physical resources of the district:

(b) the control of any actual or potential effects of the use, development, or protection of land, including for the purpose of—

(i) the avoidance or mitigation of natural hazards; and

(ii) the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances; and

(iia) the prevention or mitigation of any adverse effects of the development, subdivision, or use of contaminated land:

(iii) the maintenance of indigenous biological diversity:

(c) ...

(d) The control of the emission of noise and the mitigation of the effects of noise:

(e) The control of any actual or potential effects of activities in relation to the surface of water in rivers and lakes."

In addition to the matters listed above from the Eldamos decision:

1. The Plan must "give effect to" any national policy statement and any New Zealand coastal policy statement (s75 (3) (a) and (b)).
2. The Plan must "give effect to" the regional policy statement (made operative after 10 August 2005) (s75 (3) (c)).
3. The Plan must be "not inconsistent with" any regional plan (s75 (4)).
4. The council must ensure that that the Plan does not conflict with sections 7 and 8 of the Hauraki Gulf Marine Park Act 2000 ("the HGMPA").  Section 10 of the HGMPA requires that sections 7 and 8 of that Act be treated as a New Zealand coastal policy statement under the RMA.

3.0 Background

This section of the report sets out background information about the topic under consideration. It identifies how the Plan deals with Commercial 6 (quarry).

Clause 10a.16.1 introduces the commercial 6 land unit:

"This land unit is applied to the quarry on Waiheke and to Karamuramu Island.

The Waiheke quarry is situated on a hill overlooking the intersection of Onetangi, Ostend and O'Brien Roads. This quarry produces base course crushed rock material for use in road construction and the building industry in Waiheke.

Karamuramu Island is a 7.5ha island located to the south of Ponui Island. Karamuramu Island is a regionally significant producer of a red hard greywacke rock known as jasper, which is used in the road construction and building industry.

The land unit provides for the continuation of quarrying and associated uses in these two areas."

Clause 10a.16.4 sets out the following resource management strategy:

"The resource management strategy for this land unit is to provide for quarrying in a defined location in Waiheke and in Karamuramu Island in a manner which allows for the continuation of the activity while protecting the visual amenity value and character of surrounding properties and the ecological values of surrounding areas, waterways and the sea.

Quarry management plans are required to show and describe a number of operational and managerial aspects of a quarrying operation in order to assess the effects of the activity. These include the area to be quarried, the location of buildings and plant, silt control measures, screening, areas for the stockpiling of overburden and existing and final contour levels."

Quarrying is provided for as a discretionary activity in commercial 6. No other activities are provided for. A quarry management plan must be submitted as part of any application to undertake quarrying.

4.0 Analysis of submissions

4.1 Introduction

This section of the report discusses the decisions requested in submissions about Commercial 6 (quarry) and recommends how the panel could respond to the matters raised and decisions requested in submissions. The submissions are addressed under subject headings. 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.

A list of the submissions, which raise issues about Commercial 6 (quarry) together with the related further submissions, is contained in appendix 1. Appendix 2 contains the summary of the decisions requested by the submissions considered in this report.

The list of submissions contained in appendix 1 may include some submissions and further submissions which were received 'late', ie they were received after the closing date for lodging submissions (11 December 2006) or further submissions (28 May 2007).  All late submissions were considered by the hearing panel at the start of the hearing process and the panel has already waived the failure to comply with the time limit for any late submissions or further submissions listed in appendix 1. This has been done in accordance with sections 37 and 37A of the RMA.

4.2 Submissions about the entire Commercial 6 (quarry) land unit

Submissions dealt with in this section: 518/22, 753/28, 821/32, 836/18, 1190/26, 1250/55, 3061/90

4.2.1 Decisions requested

Submissions 518/22, 753/28, 821/32, 836/18, 1190/26 agree that the quarry should stay, given issues that have occurred on Great Barrier.

Submission 1250/55 seeks that a restriction be placed on the extent the quarry site can be actively mined/quarried.

Submission 3061/90 states that the overriding consideration that applies to commercial 6 is that the land unit does not contain provisions which permit development / subdivision that is contrary to maintaining the essential character and heritage of the island and the type, style and scale of buildings recognised within that character and island scale in particular.

It is noted that these submissions relate specifically to the Waiheke quarry.

4.2.2 Planner's analysis and recommendations

4.2.2.1  Submissions 518/22, 753/28, 821/32, 836/18, 1190/26 – agree with the quarry

It is recommended that these submissions be accepted in that they directly support continued provision for quarrying in the Plan. No alterations to the Plan are required to give effect to these submissions.

4.2.2.2  Submission 1250/55 – restriction on the extent of the quarry

The submission seeks a restriction on the extent to which the quarry site can be actively mined/ quarried. It is considered that allowing for quarrying as a discretionary activity within the land unit provides the Council with the means to control the extent to which a quarry site is actively mined.

The Plan requires a quarry management plan to be provided as part of any application to undertake quarrying. This plan is to outline details about the operation of the quarry and includes the requirement to indicate the area, which is to be quarried. The Council has the ability to require alterations to this quarry management plan, or decline the application should the area to be quarried be unacceptable due to the likely adverse effects.

Previously granted resource consents and/or existing use rights will control the extent of quarrying and therefore there will only be a requirement for a new consent and associated quarry management plan, if the activity is unable to operate within the existing levels of use.

It is therefore recommended that this submission be rejected to the extent that it seeks amendments to the Plan. It is considered there is adequate provision within the Plan for the Council to apply its discretion when assessing quarrying applications.

4.2.2.3  Submission 3061/90 – overriding consideration of the land unit

The provisions under clause 10a.16 commercial 6 (quarry) relate to the quarry located at the intersection of Onetangi, Ostend and O'Brien Roads on Waiheke and to Karamuramu Island. The objective and policies within this part seek to provide for quarrying and associated activities while protecting the amenity and character of neighbouring properties on Waiheke and the ecological values of surrounding areas, waterways and the sea.

The submission is not clear and the submitter is encouraged to attend the hearing to expand on this submission. At this stage, it is not possible to analyse the submission further and it is recommended that this submission be rejected.

4.3 Submission about clause 10a.16.6.2 Noise

Submission dealt with in this section: 1854/5

4.3.1 Decision requested

Submission 1854/5 raises concern that the permitted noise levels of the quarry at nearby Onetangi Road, Waiheke are continually exceeded.

4.3.2 Planner's analysis and recommendations

It should be noted that the submission does not seek any alterations or amendments to the Plan, it simply states the submitter's concern over noise levels from the quarry on Waiheke, which is owned by the Council.

An alleged breach of noise levels is not something that can be dealt with as part of the District Plan review process and is a compliance issue.

The Operative and Proposed Plans have different noise controls. In the Operative Plan, Land unit 16 –Quarrying states that L ₁₀ noise levels on Monday to Friday between the house of 7am and 6pm, and Saturday between 7am and 4pm shall not exceed 50dBA and shall not exceed 38 dBA at all other times including Sundays and Public Holidays. An L ₁₀ noise reading is the level of sound exceeded for no more than 10% of the monitoring period. This level of sound equates to an average maximum sound.

The Proposed Plan provides the following noise levels:

Monday to Friday: 7am - 6pm and Saturday: 7am - 4pm must not exceed 70dBA L _eq

At all other times, including Sundays and public holidays 45dBA L _eq and 75dBA L _max . An L _eq noise reading is a measure of the average sound exposure and an L _max noise reading is the single highest level of sound.

It should be noted that the land unit includes specific noise levels in clause 10a.6.6.2 relating to operational noise levels of the quarry. It is suggested that the submitter raise any issues regarding noise levels from the quarry with the Auckland City Council service centre on Waiheke.

It is therefore recommended that the submission be rejected.

5.0 Conclusion

This report has considered the decisions requested in submissions lodged regarding Commercial 6 (quarry) of the Proposed Auckland City District Plan: Hauraki Gulf Islands Section 2006.

The report recommends whether submissions should be accepted or rejected and how associated further submissions should be dealt with, and how the Plan should be modified as a result. These recommendations are made prior to the hearing of submissions and therefore without the benefit of evidence which may be presented at that time. At this stage before the hearing, it is recommended that this part of the Plan be approved, with no amendments, for the reasons outlined in this report.

Appendix 1

List of submissions and further submissions

Appendix 2

Summary of decisions requested