District Plan Hauraki Gulf Islands Section - Proposed 2006
(Notified version 2006)
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Hearing report appendix 7, for council notice of requirement and designation
for the inner island – Owhanake Wastewater Treatment Plant: 1-14
| Report to: |
The Independent Hearing Panel |
| Author: |
Clare Covington: Consultant Planner |
| Date: |
05 August 2008 |
| Group file: |
314/274037 |
1.0 Introduction
This report considers a Notice of Requirement (the requirement) by Auckland City
Council that was notified as part of the Auckland City District Plan: Hauraki Gulf
Islands Section - Proposed 2006 ('the Plan'). The notice of requirement applies
to the Owhanake Wastewater Treatment Plant (1-14).
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 notice 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 notice of requirement
2.1 Owhanake Wastewater Treatment Plant – reticulated wastewater treatment
(post septic tank) and disposal purposes: designation reference 1-14
Proposed designation 1-14 is for the Owhanake Wastewater Treatment Plant. The
area of the designation comprises 7.59ha (75,900m²) of land surrounding the existing
plant, and is shown on attachment A of the notice of requirement and accompanying
Assessment of Environmental Effects (AEE), attached as Appendix 4.
The nature of the work, as described in the Form 18 public notice, is for reticulated
waste-water treatment and disposal purposes. The purpose of the designation is to
enable the ongoing operation and maintenance, and future upgrading and expansion
of the Owhanake wastewater treatment plant for reticulated wastewater treatment
(post septic tank) and disposal purposes. The land is owned by the Auckland City
Council and Metrowater (a water and wastewater utility company 100% owned by Auckland
City) owns and operates the treatment plant itself.
Proposed designation 1-14 is listed in Appendix 7, Table A7.1 of the Plan as
follows:
| Planning map ref |
Address |
Description of designation |
Requiring authority |
Conditions apply |
| 1-14 |
61 Ocean View Road,
Waiheke
|
Owhanake Wastewater Treatment Plant -reticulated wastewater treatment (post
septic tank) and disposal purposes, including the following activities and works:
1. Wastewater treatment plant processes and ancillary activities.
2. Laboratory, workshop and staff amenity facilities ancillary
to the treatment plant.
3. Storage of fuels and chemical substances (e.g. methanol,
chlorine) used in conjunction with treatment plant processes.
4. Constructed wetlands.
5. Use, construction and maintenance of drains.
6. Vehicle access ways/roadways, parking and manoeuvring areas.
7. Signage which is ancillary to and in connection with the
use of the treatment plant.
8. Landscaping.
9. All related maintenance, construction, and earthwork activities.
|
Auckland City Council |
Yes (see Table A7.2) |
The notice of requirement and accompanying Assessment of Environmental Effects
(AEE) is attached as Appendix 4. The conditions proposed with the notice
of requirement are listed in Appendix 7, Table A7.2 of the Plan, and are set out
at Appendix 4.
3.0 Statutory framework
This section of the report briefly sets out the statutory framework within which
the independent hearing panel must consider the modifications, notices 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
the inclusion of a new designation (known as a notice for requirement), and that
this is 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—
(a) For a public work within its district and for which it has financial responsibility;
or
(b) 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 93(2); and the provisions
of section 168, with all necessary modifications, shall apply to such notice.
(2) Sections 96, 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—
(a) To a resource consent were a reference to the requirement; and
(b) To an applicant [[or a consent authority]] were a reference to the territorial
authority; and
(c) To an application for a resource consent were a reference to the notice
under subsection (1).
(3) When considering a requirement and any submissions received, a territorial
authority must, subject to Part 2, consider the effects on the environment of allowing
the requirement, having particular regard to—
(a) any relevant provisions of—
(i) a national policy statement:
(ii) a New Zealand coastal policy statement:
(iii) a regional policy statement or proposed regional policy statement:
(iv) a plan or proposed plan; and
(b) whether adequate consideration has been given to alternative sites, routes,
or methods of undertaking the work if—
(i) the requiring authority does not have an interest in the land sufficient
for undertaking the work; or
(ii) it is likely that the work will have a significant adverse effect on
the environment; and
(c) whether the work and designation are reasonably necessary for achieving
the objectives of the requiring authority for which the designation is sought;
and
(d) 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—
(a) confirm the requirement:
(b) modify the requirement:
(c) impose conditions:
(d) withdraw the requirement.
(5) Sections 173, 174, and 175 apply, with all necessary modifications, in respect
of a decision made under subsection (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 notice
of requirement, having regard to the provisions of section 168A is set out under
section 4 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 – Owhanake Wastewater Treatment Plant – reticulated wastewater
treatment (post septic tank) and disposal purposes: designation reference 1-14
4.1.1 The site(s) and surrounding neighbourhood
The existing site and in particular its physical characteristics as it relates
to the existing wastewater treatment plant activity, are fully described in section
3.2 of the document by Richard Jenkins of URS titled 'Owhanake Wastewater Treatment
Plant, Waiheke Island – Designation of Land for Reticulated Wastewater Treatment
and Disposal Purposes Supporting Information and Assessment of Effects on the Environment"
dated July 2006.
The site lies on the northern side of Ocean View Road, upslope of the Scenic
Reserve running up from Ocean View Road, being approximately 400 metres east of
Matiatia Bay. The site has a southerly aspect, sloping from Delamore Drive in the
north to Ocean View Road in the south, draining to Matiatia Wetland and in turn
to Matiatia Stream, and ultimately to Matiatia Bay. Access to the Treatment Plant
is from Ocean View Road through the Scenic Reserve, across the existing wetland
crossing and up into Lot 37.
On the southern portion of Lot 37 is an Auckland City public car park servicing
the Matiatia Bay area (approximately 0.3 ha). Separating these two areas is the
western tributary of the Matiatia Wetland into which the Treatment Plant discharges.
The remainder of the area has been extensively replanted in native species.
The URS report describes the surrounding sites as follows, " Otherwise the
site is surrounded by large lots generally in the range of 2 – 7 hectares. The site
sits within an enclosed valley system and the surrounding land is largely undeveloped,
comprising a mixture of open pasture and scrub/native bush. Existing dwellings are
generally confined to the surrounding ridgelines, with the WWTP being visible in
distant views from some of these dwellings. On the opposite (southern) side of Ocean
View Road from the WWTP site is the former Waitemata Infrastructure Ltd property.
This 8.7 hectare tract of land, which extends down to the Matiatia Wharf complex,
was previously the subject of a privately initiated mixed-use residential and commercial
development proposal. Auckland City Council now owns the land..."
4.1.2 Section 168A
The proposed modification involves designating land that is not currently designated,
and as such, requires an assessment of all the provisions contained in section 186A
of the RMA. It is however, considered that the necessity for the public work is
established and in this case and a consideration of alternatives is not required.
There is however, a need to address specific matters relating to potential and actual
effects on the environment that may occur with the modification and particular parts
of the operative and proposed district plan.
4.1.2.1 Assessment of effects
As described in the notice of the requirement, the nature of the works is for
'wastewater treatment'. The purpose of the designation is for;
"The ongoing operation and maintenance, and future upgrading and expansion
of the Owhanake wastewater treatment plant for reticulated wastewater treatment (post septic tank) and disposal purposes,"
The proposed designation relates to a site which has already been established
and constructed as a wastewater treatment plant in 2001 with a design capacity of
80 m³/day. Land Use Resource Consent (from Auckland City Council) and Regional Discharge
consents (from Auckland Regional Council) were granted in 2005, following a joint
hearing by Independent Commissioners held on 16 July 2004, to expand the design
capacity of the plant to allow for a discharge of up to 250m³/ day. It is relevant
to note that the original application requested a staged upgrading of the plant
to allow for a maximum discharge per day of to 750m³/ day. The Commissioners, however,
raised concerns regarding the assessment of effects beyond a discharge of 250m³/day
and ultimately considered that there was potential for more than minor adverse effects
on the basis of the information they were given. In particular, the Commissioners
were concerned that any discharge in excess of 250m³/ day may result in adverse
effects on the scenic reserve adjacent to the existing wastewater treatment plant
due to the potential to reduce the protection and enjoyment of the natural environment
provided for through the objectives and policies set out in the zoning of this public
reserve (Land Unit 17).
It is important to note that the proposed designation of the site enables the
continued operation and maintenance and possible expansion of the plant in terms
of the provisions of the District Plan. As such, once the designation is in place,
no further land use consents from Auckland City Council 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 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.
Paragraph 4 of the notice of requirement lists the types of actual and potential
effects that are associated with the proposed activity. These are also discussed
in more detail in section 8 of the supporting information report by URS. In summary,
the effects listed relate to potential odour, noise, visual and landscape, traffic,
ecological and temporary construction effects. The Notice of Requirement sets out
proposed conditions which any modification of the wastewater treatment plant would
be required to adhere to. These proposed conditions have been compared to the consent
conditions set out for the approved land use consent for the expansion of the plant
to 250 m³/day and are considered to provide the same level of appropriate mitigation
for the activity.
Having reviewed the statutory assessment, with the exception of the matter considered
below, I am of the opinion the assessment by URS comprehensively addresses all relevant
matters and I concur with the analysis. Rather than repeat the assessment, the hearings
panel is directed to the document attached at Appendix 4.
Apart from the structures relating to the wastewater activity, 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:
- discharge to water
- works within a watercourse/ wetland
- hazardous substances
- air emissions
- sediment control
These effects are not discussed in detail in the notice of requirement or supporting
assessment of effects but rather defer to the requirement for a resource consent
from the ARC (Auckland Regional Council). 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. In this respect,
no information has been provided in the application to review these matters such
as an Operational and Management Plan for the existing or expanded operation.
Given the specific concern of the Independent Commissioners relating to the potential
effects on the scenic reserve adjacent to the site, it is considered appropriate
for there to be a specific Operational and Management Plan applying to the proposed
expansion of the plant activity. Such a plan could, among other matters, include
details of dealing with emergencies and complaints. However, 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 any expansion of the works.
The Operational and Management Plan may need to be progressively updated as the
activities are established, as not all activities will commence at once.
4.1.2.2 Relevant provisions of statutory documents
There is no National Policy Statement relating to wastewater treatment plants.
The Government is considering developing a National Environmental Standard ('NES')
for the inspection of on-site wastewater systems (such as septic tanks). If introduced,
this NES would be a legally enforceable regulation. This has come about due to a
concern that in many areas in New Zealand the wastewater systems do not provide
an adequate level of treatment and are adversely impacting on human health and the
environment. The proposed NES is currently in a consultation stage with submissions
due by Friday 26 September 2008. The MfE website describes the proposal as;
"owners of properties with on-site wastewater systems in specific locations
will be required to hold a current warrant of fitness that confirms their on-site
system is functioning properly and is being maintained to an appropriate standard'.
Under the proposed NES, inspections would be undertaken by the regional council
every 3 years to determine whether a warrant of fitness was granted. The proposed
standard would apply to domestic on-site systems that are operating as permitted
activities under rules in regional plans. However, the discussion documents note
that consideration is also being given to systems covered by resource consents.
The proposal looks to target areas that have known problems with the performance
of on-site systems, or where there is an actual or potential risk to the environment
from higher densities of on-site systems. The discussion document for the proposed
NES notes areas where problems have occurred to date and includes a comment that
"recent inspections of 2000 properties on Waiheke Island indicated that around
11 percent had minor problems and a further 3 percent had major problems." Given
the high density of septic tank users on Waiheke Island and the problems notes above,
undoubtedly Waiheke Island would be included as a target area under the NES.
In the operative district plan, the site falls within Land Unit 22 – Western
Landscape which focuses on the continuation of an open rural character in the area
and includes control over the location and design of buildings to protect rural
landscape qualities. In addition, there is a significant ridgeline over parts of
the site. In the proposed plan, the site's Rural 2 zone provides similar provisions.
The proposed conditions for any modification to the plant activity include landscape
and visual impact management requirements in terms of the design, materials and
colour of building additions and provision of landscaping.
Overall, the extension is not considered contrary to the operative or proposed
plan.
4.1.2.3 Consideration of alternative sites, routes or methods
The requiring authority has not considered alternative sites. The reason given
is that the designation relates to expansion of the existing operation. It is accepted
that consideration of an alternative site is not necessary.
4.1.2.4 Necessary to achieve objective of the requiring authority
It is accepted the designation is reasonably necessary to achieve the objective
of the requiring authority.
4.1.2.5 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 wastewater
related 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 continue to utilise
the existing wastewater treatment plant.
Subject to the recommended conditions, on balance, the works are not contrary
to Part II of the RMA.
5.0 Analysis of submissions
5.1 Introduction
This section of the report discusses the decisions requested in submissions about
the proposed designation of the Owhanake Wastewater Treatment Plant 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 the Owhanake Wastewater Treatment
Plant 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. Any amendments to the Plan recommended in
response to submissions are identified in this section of the report and are further
detailed in Appendix 3.
The list of submissions contained in Appendix 1 may include some submissions
and further submissions which were received 'late', i.e. 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.
5.2 Submissions opposing the designation of the Owhanake Treatment Plant site
Submissions dealt with in this section:
580/3,
613/1,
2636/8,
2797/1,
3061/154,
3126/1,
3291/1
and further submissions 728, 729, 730, 732, 733, 734, 735, 736, 738, 739, 740,
741, 742, 743, 744, 745, 746, 747, 748, 749, 750, 786, 787, 788, 789, 791, 792,
793, 794, 795, 796, 797, 798, 799, 1613, 1698, 1700, 2303, 2856, 2885, 2940, 2946
5.2.1 Decisions requested
5.2.1.1 Remove all designations designed to give effect to clause 3.3.5(5). (With
specific concerns about Owhanake Wastewater Treatment Plant).
5.2.1.2 A rejection of the application (for a designation for the Owhanake Wastewater
Treatment facility).
5.2.1.3 Rejection of the notice in its entirety tied to a requirement in the
plan that future upgrading be via notified Resource Consent process only
5.2.1.4 Remove any reference to designation 1-14 (Owhanake wastewater treatment
plant) and allow only a notified application to proceed with any further development
5.2.1.5 The notice of requirement for the Owhanake wastewater treatment facility
(map reference 1-14) is opposed and should be rejected and deleted from the Plan.
5.2.1.6 Seeks a rejection of the application for a designation (map ref 1-14)
for the Owhanake Waste water treatment facility
5.2.2 Planner's analysis and recommendations
The Resource Management Act provides for important infrastructure to be located
and operated where the land unit classification would not typically provide for
it. As is the case with Owhanake, the lodging of a notice of requirement and designating
of a site is a public process with submissions, hearings and appeal rights. A designated
site is also identified in the district plan and in the maps with clear parameters
of use. The council have identified the Owhanake Treatment Plant as a 'strategic
component' of the network and the proposed designation of the site enables the ongoing
operation of the activities at the site. Given the purposes of the designation process
and the nature of the Owhanake plant, it is considered that the designation, in
conjunction with the requisite discharge permits from the Auckland Regional Council,
is the best method of providing for the activity.
| Planner's recommendations: submissions
580/3,
613/1,
2636/8,
2797/1,
3061/154,
3026/1,
3291/1 and further submissions 728, 729, 730, 732, 733, 734, 735, 736,
738, 739, 740, 741, 742, 743, 744, 745, 746, 747, 748, 749, 750, 786, 787, 788,
789, 791, 792, 793, 794, 795, 796, 797, 798, 799, 1613, 1698, 1700, 2303, 2885,
2940, 2946 be rejected and further submission 2856 be accepted in part. |
5.3 Submissions about amending Table A7.1 Owhanake Treatment Plant designation
reference 1-14
Submissions dealt with in this section:
519/2 and further submissions 306, 319,
329, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637,
638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653,
654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669,
670, 671, 672, 673, 674, 675, 677, 679, 680, 681, 682, 683, 684, 686, 687, 688,
689, 690, 2497, 2885, 2941
5.3.1 Decisions requested
Submission
519/2: A notice of requirement for designation ought to be created
to encompass the pump stations that service the Owhanake Wastewater Treatment Plant,
and the surrounding land (at the Matiatia Wharf and at Oneroa adjacent to Beach
Parade) required for their operation and maintenance and added into Table A7.1,
Designated sites.
Further submissions listed above all oppose submission
519/2.
5.3.2 Planner's analysis and recommendations
In terms of the pump stations referred to by the submitter, it is considered
that the provisions of 'Part 5; Network Utility Services' of the Proposed Plan will
adequately provide for their ongoing use and maintenance. The section 32 analysis
report for Network Utilities in the Proposed District Plan states that:
"Under the RMA, all registered network utility operators have the ability
to require a designation of land under section 166 and 168 of the RMA. Under this
process the network utility operator submits a Notice of Requirement (NOR) to the
council (designating authority) to make provision in the district plan for a public
work. In general, designations are required where there are substantial works. It
is an alternative to the resource consent process and gives the requiring authority
a greater degree of certainty that the work can proceed. It is optional for network
utility operators to decide whether they wish to designate.
It is considered that this process is an additional method for achieving the
desired outcomes of the provision of utility services. It is recognised that it
is impracticable and inefficient for utility operators to request a designation
for every component of their respective networks. Designations are often requested
where there are substantial environmental effects and/or substantial works are required
or it is a 'strategic component' of the network. While the designation is an alternative
method for managing effects, it is considered that the exclusive use of this method
may achieve environmental outcomes but at a substantial increase in costs and delays.
Rather than a stand alone alternative it is considered that a designation complements
the network utility services section of the plan."
In particular, the activity table 5.5.1 includes as Permitted Activities, "maintenance
and operation of existing network utility services" and "any above ground wastewater
network utility that has an area not exceeding 2m 2 in plan view and does
not exceed 1.6m in height (excluding plinth)".
| Planner's recommendations: submission
519/2 be rejected and further submissions
306, 319, 329, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635,
636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651,
652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667,
668, 669, 670, 671, 672, 673, 674, 675, 677, 679, 680, 681, 682, 683, 684, 686,
687, 688, 689, 690, 2497, 2885, 2941 be accepted in part. |
5.4 Submissions about setting an upper limit to future expansion of Owhanake
Treatment Plant
Submissions dealt with in this section:
125/1,
125/3,
155/1,
155/3,
164/1,
164/3,
167/1,
167/3,
306/1,
306/7,
372/1,
372/7,
564/1,
564/7,
578/1,
578/7,
581/1,
581/7,
585/1,
585/3,
613/2,
621/1,
621/3,
635/1,
635/7,
640/1,
640/7,
645/1,
645/7,
654/1,
654/7,
676/1,
676/7,
684/1,
684/3,
691/1,
691/3,
704/1,
704/7,
708/1,
708/7,
728/1,
728/7,
743/1,
743/7,
799/1,
799/3,
808/1,
808/3,
816/1,
816/3,
825/1,
825/3,
841/1,
841/3,
870/1,
870/7,
882/1,
882/7,
896/1,
896/3,
907/1,
907/7,
934/1,
934/7,
956/1,
956/7,
1024/1,
1024/7,
1141/1,
1141/7,
1179/2,
1214/1,
1214/3,
1237/1,
1237/7,
1294/3,
1322/1,
1322/7,
1778/1,
1778/7,
1779/1,
1779/7,
1780/1,
1780/7,
1781/1,
1781/7,
1782/1,
1782/7,
1783/1,
1783/7,
1784/1,
1784/7,
1785/1,
1785/7,
1786/1,
1786/7,
1787/1,
1787/7,
1788/1,
1788/7,
1789/1,
1789/7,
1790/1,
1790/7,
1791/1,
1791/7,
1792/1,
1792/7,
1793/1,
1793/3,
1794/1,
1794/3,
1795/1,
1795/3,
1796/1,
1796/3,
1797/1,
1797/3,
1798/1,
1798/3,
1799/1,
1800/1,
1800/3,
1802/1,
1802/3,
1803/1,
1803/3,
1804/1,
1804/3,
1805/1,
1805/3,
1806/1,
1806/3,
1807/1,
1807/3,
1808/1,
1808/3,
1809/1,
1809/3,
1810/1,
1810/3,
1811/1,
1811/3,
1812/1,
1812/3,
1813/1,
1813/3,
2121/1,
2121/3,
2128/1,
2128/3,
2282/1,
2282/7,
2636/1,
2636/7,
2661/1,
2661/3,
2673/1,
2673/3,
2674/1,
2674/7,
2685/1,
2685/7,
2775/1,
2775/3,
2779/1,
2779/3,
2781/1,
2781/7,
2788/1,
2788/3,
2797/2,
2835/1,
2835/7,
2843/1,
2843/3,
2943/1,
2943/3,
2947/1,
2947/3,
2950/1,
2950/3,
2954/1,
2954/3,
2958/1,
2958/3,
2962/1,
2962/3,
2966/1,
2966/3,
2970/1,
2970/3,
2974/1,
2974/3,
2978/1,
2978/3,
2982/1,
2982/3,
2986/1,
2986/3,
2990/1,
2990/3,
2993/1,
2993/7,
3006/1,
3006/3,
3016/1,
3016/3,
3026/2,
3026/3,
3026/8,
3061/155,
3061/161,
3191/1,
3191/3,
3207/1,
3207/7,
3226/1,
3226/7,
3240/1,
3240/7,
3251/1,
3251/7,
3273/1,
3273/7,
3275/1,
3275/7,
3287/1,
3287/7,
3291/2,
3303/1,
3303/7,
3312/1,
3312/7,
3319/1,
3319/7,
3334/1,
3334/7,
3342/1,
3342/7,
3348/1,
3348/7,
3364/1,
3364/7,
3369/1,
3369/7,
3388/1,
3388/3,
3530/1,
3530/3,
3535/1,
3535/7,
3539/1,
3539/3,
3576/1,
3576/7,
3591/1,
3591/3,
3625/1,
3625/3,
3821/1,
3821/7,
3834/1,
3834/3,
3837/1,
3837/7,
3840/1,
3840/3
and further submissions 728, 729, 730, 732, 733, 734, 735, 736, 738, 739, 740,
741, 742, 743, 744, 745, 746, 747, 748, 749, 750, 786, 787, 788, 789, 791, 792,
793, 794, 795, 796, 797, 798, 799, 1613, 1698, 1700, 1846, 2303, 2319, 2856, 2885,
2902, 2940, 2946
5.4.1 Decisions requested
5.4.1.1 Apply a specified upper limit, set in public consultation with the Waiheke
Community Board, to the proposed upgrading of the Owhanake Wastewater Treatment
Plant in terms of both size and processing capacity. Any upgrading beyond that limit
would require a resource consent - which should be publicly notified.
5.4.1.2 That any increased capacity beyond a specified upper limit (to be set
by due consultation with the Waiheke community), should be subject to a publicly
notified consent hearing.
5.4.1.3 Apply a specified upper limit, set in public consultation with the Waiheke
Community Board, to the proposed upgrading of the Owhanake Wastewater Treatment
Plant in terms of both size and processing capacity
5.4.1.4 Any upgrade of the (Owhanake) treatment plant or area served, and any
upgrade to give effect to the levels of development envisaged in this Plan for Matiatia
should go through proper planning and consultation processes.
5.4.1.5 Make any further development of Owhanake wastewater treatment plant a
prohibited activity unless all immediate landowners, Iwi, local maori and community
groups agree with a notified process.
5.4.1.6 A modification of the Plan to ensure that any future upgrading of the
Owhanake Wastewater Treatment plant in terms of both size and processing capacity
would require a publicly notified resource consent.
5.4.1.7 Addition of a condition to the Owhanake Wastewater Treatment Plant that
prior to any upgrading beyond that necessary to handle the current permitted waste
water discharge level of 250m3 per diem that a new section 32 RMA report be prepared
and provided to the Waiheke Community Board to demonstrate that the upgrade sought
is the best option in the then prevailing circumstances. The report should also
address the requirements of section 128 of the Local Government Act 2002.
5.4.2 Planner's analysis and recommendations
The current capacity limit specified in the landuse and discharge consents
is 250m 3/day. The designation only relates to the landuse aspect of the
proposal i.e. the aspect of the activity that is within the jurisdiction of the
Auckland City Council.
However, separate to this is the requirement for discharge consents from the
Auckland Regional Council. Any increase in capacity of the plant beyond the 250m 3/day
will require further approvals from the ARC. These consents will be subject to the
usual notification tests and, if publicly notified, the community will have the
opportunity to participate.
Any increase in capacity of the plant, if provided for by the designation in
the district plan, would not require a resource consent from Auckland City Council.
Following discussions with Council's consultant Engineer, Garry Macdonald of
Beca Infrastructure Ltd, a suggested addition to the designation to clarify the
link between the designation and the ARC consent is to include a condition that:
" The designation shall be compatible with the resource consent for discharge
currently held ".
Overall, it is not considered necessary for the designation to include greater
restrictions than those of the regional consents given the control and processes
in place to address any expansion of the treatment plant.
| Planner's recommendations: submissions
125/1,
155/1,
164/1,
167/1,
306/1,
372/1,
564/1,
578/1,
581/1,
585/1,
613/2,
621/1,
635/1,
640/1,
645/1,
654/1,
676/1,
684/1,
691/1,
704/1,
708/1,
728/1,
743/1,
799/1,
808/1,
816/1,
825/1,
841/1,
870/1,
882/1,
896/1,
907/1,
934/1,
956/1,
1024/1,
1141/1,
1179/2,
1214/1,
1237/1,
1322/1,
1778/1,
1779/1,
1780/1,
1781/1,
1782/1,
1783/1,
1784/1,
1785/1,
1786/1,
1787/1,
1788/1,
1789/1,
1790/1,
1791/1,
1792/1,
1793/1,
1794/1,
1795/1,
1796/1,
1797/1,
1798/1,
1799/1,
1800/1,
1802/1,
1803/1,
1804/1,
1805/1,
1806/1,
1807/1,
1808/1,
1809/1,
1810/1,
1811/1,
1812/1,
1813/1,
2121/1,
2128/1,
2282/1,
2636/1,
2661/1,
2673/1,
2674/1,
2685/1,
2775/1,
2779/1,
2781/1,
2788/1,
2797/2,
2835/1,
2843/1,
2943/1,
2947/1,
2950/1,
2954/1,
2958/1,
2962/1,
2966/1,
2970/1,
2974/1,
2978/1,
2982/1,
2986/1,
2990/1,
2993/1,
3006/1,
3016/1,
3026/2,
3026/3,
3061/155,
3191/1,
3207/1,
3226/1,
3240/1,
3251/1,
3273/1,
3275/1,
3287/1,
3291/2,
3303/1,
3312/1,
3319/1,
3334/1,
3342/1,
3348/1,
3364/1,
3369/1,
3388/1,
3530/1,
3535/1,
3539/1,
3576/1,
3591/1,
3625/1,
3821/1,
3834/1,
3837/1,
3840/1 be rejected
and further submissions 728, 729, 730, 732, 733, 734, 735, 736, 738, 739, 740,
741, 742, 743, 744, 745, 746, 747, 748, 749, 750, 786, 787, 788, 789, 791, 792,
793, 794, 795, 796, 797, 798, 799, 1613, 1698, 1846, 2303, 2885, 2940, 2946
be rejected in part and further submissions 1700, 2319, 2856, 2902 be accepted
in part. It is recommended that the Plan be amended to include an additional
condition of the designation that "the designation shall be compatible with
the resource consent for discharge currently held".
|
5.5 Submissions about limiting Owhanake Treatment Plant to processing wastewater
ex septic tank only
Submissions dealt with in this section:
125/2,
155/2,
164/2,
167/2,
306/2,
306/6,
372/2,
372/6,
519/1
,
564/2,
564/6,
578/2,
578/6,
581/2,
581/6,
585/2,
613/3,
621/2,
635/2,
635/6,
640/2,
640/6,
645/2,
645/6,
654/2,
654/6,
676/2,
676/6,
684/2,
691/2,
704/2,
704/6,
708/2,
708/6,
728/2,
728/6,
743/2,
743/6,
799/2,
808/2,
816/2,
825/2,
841/2,
870/2,
870/3,
870/6,
882/2,
896/2,
907/2,
907/6,
934/2,
934/6,
956/2,
956/6,
1024/2,
1024/6,
1141/2,
1141/6,
1179/3,
1179/4,
1214/2,
1294/2,
1237/2,
1237/6,
1322/2,
1322/6,
1778/2,
1778/6,
1779/2,
1779/6,
1780/2,
1780/6,
1781/2,
1781/6,
1782/2,
1782/6,
1783/2,
1783/6,
1784/2,
1784/6,
1785/2,
1785/6,
1786/2,
1786/6,
1787/2,
1787/6,
1788/2,
1788/6,
1789/2,
1789/6,
1790/2,
1790/6,
1791/2,
1791/6,
1792/2,
1792/6,
1793/2,
1794/2,
1795/2,
1796/2,
1797/2,
1798/2,
1799/2,
1799/3,
1800/2,
1802/2,
1803/2,
1804/2,
1805/2,
1806/2,
1807/2,
1808/2,
1809/2,
1810/2,
1811/2,
1812/2,
1813/2,
2121/2,
2128/2,
2282/2,
2282/6,
2636/2,
2636/6,
2661/2,
2673/2,
2674/2,
2674/6,
2685/2,
2685/6,
2775/2,
2779/2,
2781/2,
2781/6,
2788/2,
2835/2,
2835/6,
2843/2,
2943/2,
2947/2,
2950/2,
2954/2,
2958/2,
2962/2,
2966/2,
2970/2,
2974/2,
2978/2,
2982/2,
2986/2,
2990/2,
2993/2,
2993/6,
3006/2,
3016/2,
3026/4,
3240/6,
3026/5,
3026/9,
3061/156,
3061/160,
3191/2,
3207/2,
3207/6,
3226/2,
3226/6,
3240/2,
3251/2,
3251/6,
3273/2,
3273/6,
3275/2,
3275/6,
3287/2,
3287/6,
3291/3,
3291/5,
3303/2,
3303/6,
3312/2,
3312/6,
3319/2,
3319/6,
3334/2,
3334/6,
3342/2,
3342/6,
3348/2,
3348/6,
3364/2,
3364/6,
3369/2,
3369/6,
3388/2,
3530/2,
3535/2,
3535/6,
3539/2,
3576/2,
3576/6,
3591/2,
3625/2,
3821/2,
3821/6,
3834/2,
3837/2,
3837/6,
3840/2
and further submissions, 2902, 306, 319, 329, 623, 624, 625, 626, 627, 628, 629,
630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645,
646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661,
662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675, 677, 679,
680, 681, 682, 683, 684, 685, 686, 687, 688, 689, 690, 728, 729, 730, 732, 733,
734, 735, 736, 738, 739, 740, 741, 742, 743, 744, 745, 746, 747, 748, 749, 750,
786, 787, 788, 789, 791, 792, 793, 794, 795, 796, 797, 798, 799, 1613, 1698, 1700,
1846, 2303, 2319, 2856, 2885, 2940, 2946
5.5.1 Decisions requested
5.5.1.1 Addition of a condition that under no circumstances is the upgrading
to include processing capacity that would allow the Owhanake Wastewater Treatment
Plant to process sewerage as distinct from waste water ex septic tank (ie blackwater
without solids only).
5.5.1.2 That "septic tank sludge" processing is not to be permitted (with specific
reference to the Owhanake Wastewater Treatment Plant).
5.5.1.3 Amend the wording of the description of designation 1-14 in table A7.1,
first paragraph, to read (deletions shown in strikethrough ) "Owhanake Wastewater
Treatment Plant - reticulated wastewater treatment ( post septic tank ) and
disposal purposes, including the following activities and works:..." or words of
like effect.
5.5.1.4 Owhanake wastewater treatment plant should not be used for sewerage treatment,
as distinct from treated septage wastewater from septic tanks.
5.5.1.5 Owhanake wastewater treatment plant should not be used to dispose of
septic tank solids.
5.5.1.6 That "septic tank sludge processing" be ruled a prohibited activity on
the Owhanake Treatment Plant site.
5.5.1.7 A limitation in the assessment criteria applicable to such a notified
consent application that any upgrade to the processing capacity of the Owhanake
Waste water treatment facility would limit the plant to processing waste water supplied
from septic tanks equipped with approved filters to ensure that bio-solids were
not conveyed by the reticulation system from external septic tanks to the treatment
plant.
5.5.2 Planner's analysis and recommendations
As set out in the URS 'Supporting Information and Assessment of Effects on the
Environment' report which accompanies the Notice of Requirement, there are a number
of documents which set out the Council's objectives with regards to wastewater treatment
and disposal on Waiheke Island including; the Operative District Plan, the "Waiheke
Wastewater Management Plan", Part 29 (Waiheke Wastewater) of Council's Consolidated
Bylaw, 'Essentially Waiheke – A Village and Rural Communities Strategy', Council's
'Water and Sanitary Services Assessment' for Waiheke Island. The AEE report sets
out that Council's objectives can be summarised as follows:
- " Avoid major-scale wastewater reticulation on Waiheke Island.
- Continue to rely on individual on-site schemes as the primary method for
wastewater treatment and disposal, subject to improved standards of operation
and maintenance and ongoing evaluation of the environmental sustainability.
- Provide for local community based wastewater reticulation schemes, but
only where on-site disposal is found to be unsustainable in terms of adverse public
health environmental effects ".
The Proposed District Plan comments in terms of its wastewater strategy that;
" all existing and future development must be capable of satisfactorily treating
and disposing of wastewater on-site. As the council's bylaw, the Building Act and
the ARC already place controls on the disposal of wastewater it is not necessary
to include additional controls in the Plan .".
In this regard, the Proposed Plan comments that;
" While the Plan does not have specific wastewater rules, the impervious surface
and building coverage controls ensure that there is sufficient permeable land for
on-site wastewater disposal ".
The intention of the Owhanake WWTP, as set out in the current ARC discharge consent
(Council reference 27473), is therefore to predominantly provide for septic tank
effluent but also to provide for the Oneroa commercial area and the Matiatia development.
The ARC consents for the site include numerous conditions to ensure the quality
of the output from the plant and to control odour.
The current discharge consents do not limit the plant to secondary treatment
only ie. post septic tank treatment. The discharge consent is the key document to
control any effects in this regard, not the District Plan.
With regard to the submissions requesting prohibition of septic tank sludge processing
on the site, it is noted that the ARC discharge consent for the site includes conditions
which specifically address this. Condition 23 of the Air Discharge consent (Council
ref #27505) states:
"that no solid waste material, including screenings or sludge shall be disposed
of on-site by open burning. Composting of biosolids or any other treatment of biosolids
is not permitted on site."
There are other related conditions in both the air discharge and discharge consents
which controls the processes on site particularly in terms of septic tank sludge.
Overall, it is not considered necessary for the designation to include greater
restrictions than those of the regional consents given the control and mitigation
of effects provided for through the consent conditions. It is therefore recommended
that the designation be amended to enable greater flexibility for the processes
that could be provided on site subject to ARC approval by amending the reference
of 'post septic tank' to 'including post septic tank'.
| Planner's recommendations: submissions
125/2,
155/2,
164/2,
167/2,
306/2,
306/6,
372/2,
372/6,
564/2,
564/6,
578/2,
578/6,
581/2,
581/6,
585/2,
613/3,
621/2,
635/2,
635/6,
640/2,
640/6,
645/2,
645/6,
654/2,
654/6,
676/2,
676/6,
684/2,
691/2,
704/2,
704/6,
708/2,
708/6,
728/2,
728/6,
743/2,
743/6,
799/2,
808/2,
816/2,
825/2,
841/2,
870/2,
870/3,
870/6,
882/2,
896/2,
907/2,
907/6,
934/2,
934/6,
956/2,
956/6,
1024/2,
1024/6,
1141/2,
1141/6,
1179/3,
1179/4,
1214/2,
1294/2,
1237/2,
1237/6,
1322/2,
1322/6,
1778/2,
1778/6,
1779/2,
1779/6,
1780/2,
1780/6,
1781/2,
1781/6,
1782/2,
1782/6,
1783/2,
1783/6,
1784/2,
1784/6,
1785/2,
1785/6,
1786/2,
1786/6,
1787/2,
1787/6,
1788/2,
1788/6,
1789/2,
1789/6,
1790/2,
1790/6,
1791/2,
1791/6,
1792/2,
1792/6,
1793/2,
1794/2,
1795/2,
1796/2,
1797/2,
1798/2,
1799/2,
1799/3,
1800/2,
1802/2,
1803/2,
1804/2,
1805/2,
1806/2,
1807/2,
1808/2,
1809/2,
1810/2,
1811/2,
1812/2,
1813/2,
2121/2,
2128/2,
2282/2,
2282/6,
2636/2,
2636/6,
2661/2,
2673/2,
2674/2,
2674/6,
2685/2,
2685/6,
2775/2,
2779/2,
2781/2,
2781/6,
2788/2,
2835/2,
2835/6,
2843/2,
2943/2,
2947/2,
2950/2,
2954/2,
2958/2,
2962/2,
2966/2,
2970/2,
2974/2,
2978/2,
2982/2,
2986/2,
2990/2,
2993/2,
2993/6,
3006/2,
3016/2,
3026/4,
3240/6,
3026/5,
3026/9,
3061/156,
3061/160,
3191/2,
3207/2,
3207/6,
3226/2,
3226/6,
3240/2,
3251/2,
3251/6,
3273/2,
3273/6,
3275/2,
3275/6,
3287/2,
3287/6,
3291/3,
3291/5,
3303/2,
3303/6,
3312/2,
3312/6,
3319/2,
3319/6,
3334/2,
3334/6,
3342/2,
3342/6,
3348/2,
3348/6,
3364/2,
3364/6,
3369/2,
3369/6,
3388/2,
3530/2,
3535/2,
3535/6,
3539/2,
3576/2,
3576/6,
3591/2,
3625/2,
3821/2,
3821/6,
3834/2,
3837/2,
3837/6,
3840/2 be rejected and
further submissions 306, 319, 329, 623, 624, 625, 626, 627, 628, 629, 630, 631,
632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647,
648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663,
664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675, 677, 679, 680, 681,
682, 683, 684, 685, 686, 687, 688, 689, 690, 728, 729, 730, 732, 733, 734, 735,
736, 738, 739, 740, 741, 742, 743, 744, 745, 746, 747, 748, 749, 750, 786, 787,
788, 789, 791, 792, 793, 794, 795, 796, 797, 798, 799, 1613, 1698, 1700, 1846,
2303, 2856, 2885, 2940, 2946 be rejected in part and submission
519/1 be accepted
and further submissions 2319 and 2902 be accepted in part. It is recommended
that the Plan be amended so that the wording of the description of designation
1-14 in table A7.1, first paragraph, to read (additions underlined and deletions
shown in strikethrough ) "Owhanake Wastewater Treatment Plant - reticulated
wastewater treatment ( including post septic tank) and disposal purposes,
including the following activities and works:..."
|
5.6 Submission regarding neighbour consent and compensation
Submissions dealt with in this section:
2797/3
5.6.1 Decisions requested
5.7.1.1 Gain consent from all neighbours and provide compensation for issues
of effects regarding Owhanake wastewater treatment plant.
5.6.2 Planner's analysis and recommendations
The current consents for the site were the result of a publicly notified process
and the proposed conditions of the designation match those provided for in the approved
land use consent for the site. Any expansion of the site's activities would be required
to go through a further ARC consent process which would review the potential adverse
effects to ensure that they were sufficiently avoided/remedied or mitigated. As
such, it is considered that the issue of potential effects would be adequately dealt
with through the consent process to ensure that compensation would not be necessary.
Planner's recommendation: submission
2797/3 be rejected.
5.7 Submission about rehabilitation planting in disposal field
Submissions dealt with in this section:
3574/19 and further submission 2328.
5.7.1 Decisions requested
The proposal to carry out rehabilitation planting on the drainage field of the
wastewater disposal field serving Oneroa is supported.
5.7.2 Planner's analysis and recommendations
This submission is supported.
Planner's recommendation: submission
3574/19 is accepted and further submission
2328 is accepted in part.
6.0 Conclusion
This report assesses the notice of requirement for a proposed designation where
the requiring authority is the territorial authority (the Auckland City Council).
The proposed designation was 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 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 considered that the Owhanake Treatment
Plant is an essential service for Waiheke Island and it is appropriate that it is
protected by designation. The statutory assessment comprehensively assesses the
existing and proposed effects and subject to a minor addition to the conditions
proposed, the effects on the environment are acceptable.
It is recommended that this part of the Plan be approved, with amendments (as
outlined in Appendix 3), for the reasons outlined in this report.
7.0 Recommendation
That, subject to new or contrary evidence presented at the hearing that would
lead to a different conclusion, the following is recommended:
7.1 Recommendation: proposed designation Owhanake Wastewater Treatment
Plant: designation reference 1-14
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 Owhanake Wastewater Treatment Plant at 61 Oceanview Road, Waiheke Island,
described as 7.59ha of Lot 37 DP183455.
This is subject to the following conditions outlined below (additional
wording underlined).
1.0 General Conditions
1.1 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.
2.0 Concept Development Plan
2.1 The Requiring Authority shall prepare a Concept Development Plan for the
Owhanake wastewater treatment plant showing the layout of works and facilities authorised
by the designation. In determining the layout for new facilities the Requiring Authority
shall, in addition to considering operational requirements, take the following matters
into account:
- The avoidance or mitigation of adverse noise and odour effects associated
with treatment plant operations (refer also Condition 4.1 and Advice Note 3);
- The landscape and visual impact of buildings and structures (refer also Condition
4.1);
- Existing indigenous vegetation on the site.
The Concept Development Plan shall be submitted to the Team Leader – Hauraki
Gulf Islands, Auckland City Environments for approval prior to the construction
of any new facilities.
3.0 Landscape and Visual Impact Management Conditions
3.1 Prior to the construction of any new buildings, structures or facilities
in accordance with an approved Concept Development Plan, the Requiring Authority
shall prepare a Landscape Management Plan. This plan shall demonstrate how, as far
as is practicable, and in accordance with this condition, the wastewater treatment
plant facilities are to be appropriately visually integrated with the surrounding
landscape, including:
(a) The design and external appearance of buildings and structures, including
the type and colour of roofing and cladding materials to be used. The exterior of
buildings shall be finished in colours and/or materials that are sympathetic to
the natural landscape of the site;
(b) Proposed landscape treatment, including details of plant species proposed
to be used. Where practicable locally sourced native species shall be used:
(c) The dimensions, graphic content and colouring of proposed signage. All signs
shall comply with the provisions of the relevant Auckland City Bylaw (Part 27 -
Signs).
The Landscape Management Plan shall be submitted to the Team Leader – Hauraki
Gulf Islands, Auckland City Environments for approval prior to commencement of construction,
with the approved landscape treatment subsequently being implemented no later than
the first planting season immediately following completion of construction.
In preparing and approving the Landscape Management Plan, the Requiring Authority
and Team Leader – Hauraki Gulf Islands, Auckland City Environments, respectively,
shall consider the extent to which measures for addressing landscape and visual
effects are reasonably necessary, taking into account the extent to which any dwellings
or other potentially sensitive land uses have established after the requirement
for designation for the Owhanake wastewater treatment plant was publicly notified.
4.0 Noise
4.1 Operational Noise
(a) New facilities at the wastewater treatment plant shall be so designed and
the use of the buildings and site shall be so conducted, that the following noise
levels are not exceeded:
(i) The L eq noise level shall not exceed the following limits:
| Day/Time |
Noise Level (Leq)
|
| Monday to Saturday 0700 – 2200 hrs and Sunday 0900 – 1800 hrs
|
55 dBA
|
| All other times including public holidays (night time)
|
45 dBA
|
(ii) The maximum noise level (Lmax) at "night" time shall be the background noise
level (L95) plus 30 dBA; or 75 dBA, whichever is the lower.
(b) All noise measurements shall be made at 20m from any building where people
may reside overnight on a permanent or temporary basis (on another site from the
noise source) or at the legal boundary, when this is closer to the dwelling. This
may be referred to as the notional boundary.
(c) Noise shall be measured in accordance with NZS 6801:1999 (Acoustics – Measurement
of Environmental Sound).
(d) The noise measured shall be assessed in accordance with NZS 6802:1999 (Acoustics
– Assessment of Environmental Noise) except that the averaging of noise measured
will be in accordance with the following:
Averaging
A noise nuisance does not generally arise from a single isolated infringement.
The amount by which limits are exceeded may vary between repeat infringements. Averaging
of measured L eq values for separate time intervals to derive a single
figure for comparison with any limit, will be subject to the following constraints:
(i) Averaging of measured L eq levels for comparison with any applicable
noise limit, if employed, will only be performed on LR levels derived in accordance
with Appendix A of NZS 6802:1999 and will only relate to time intervals during which
the sound of interest is present. Measured L eq levels will not be averaged
if comparison is to be made with night-time limits where sleep disturbance will
be of concern.
(ii) The averaged value of the descriptor e.g. L eq will not exceed
the relevant limit, and in any case the limit will not be exceeded by more than
5dB for any single time interval. L eq values will be averaged on an energy
basis, i.e. the logarithmic mean will be determined.
4.2 Noise from Construction Work and Earthworks (refer also Condition 9.2)
(a) Noise resulting from earthworks or construction work (construction work is
defined in NZS 6803:1999) shall not exceed the following levels:
(i) When affecting all settlement areas and land units, with the exception of
the transport area of the Matiatia land unit:
|
Time of the Week
|
Time Period
|
Duration of the Work
|
|
Typical Duration
Work (dBA) 1
|
Short-Term Duration
Work (dBA) 2
|
| |
|
Leq
|
Lmax
|
Leq
|
Lmax
|
| Monday to Friday
|
0730 – 1800 hrs |
75
|
90
|
80
|
95
|
| Saturday |
0800 – 1600 hrs |
75
|
90
|
80
|
95
|
- 'Typical Duration Work' means construction work at any one location for more
than 14 calendar days
- 'Short-Term Duration Work' means construction work at any one location for
up to 14 calendar days
(ii) When affecting the transport area of the Matiatia land unit:
|
Time Period
|
Duration of the Work
|
| Typical Duration Work 1 |
Short-Term Duration Work 2 |
| |
Leq (dBA)
|
Leq (dBA)
|
| 0730 – 1800 hrs |
75
|
80
|
- 'Typical Duration Work' means construction work at any one location for more
than 14 calendar days
- 'Short-Term Duration Work' means construction work at any one location for
up to 14 calendar days
(b) Measurements should be made outside occupied buildings affected by the construction
noise. Measurements should be made approximately 1 metre from the wall most exposed
to the sound under investigation, and 1.2 metres to 1.5 metres above the relevant
floor level. No adjustment to measured sound levels is to be made for the reflected
sound from the wall. The measured levels should be compared directly with the noise
limits without any adjustments for special audible characteristics. The measured
level must be adjusted for any significant background Leq level in the area using
the procedure set out in Appendix A of NZS 6803:1999.
(c) Where circumstances require measurements inside buildings (e.g. when noise
is travelling through common building elements such as a common wall) all windows
and other means of ventilation must be closed or turned off and the upper limits
of the noise measured will not exceed the levels stated in the tables in Condition
4.2(a)(i) or (ii) above minus 20 dBA.
(d) Noise shall be measured with a sound level meter complying at least with
the International Standard IEC 651 (1979) Sound Level Meters, Type 1.
5.0 Access
5.1 All internal access roads, vehicle manoeuvring and parking areas shall be
formed, provided with an all weather surface, drained, and maintained to the satisfaction
of the Council.
6.0 Earthworks
6.1 In respect of earthworks that (apart from this designation) would require
consent only from Auckland City Council under the relevant district plan:
6.1.1 Suitable erosion and sediment control measures shall be implemented during
all earthworks to ensure that the discharge of silt, sediment, or water containing
silt or sediment into drains, natural watercourses, wetlands, estuaries, or coastal
waters is minimised as far as practicable. Regard shall be had to the Auckland City
Council brochure " Earthworks on the Hauraki Gulf Islands " and the Auckland
Regional Council's Technical Publication No. 90 " Erosion and Sediment Control:
Guidelines for Land Disturbing Activities in the Auckland Region " (1999). Any
sediment controls deemed necessary shall remain in place until all exposed surfaces
have been stabilised by mulching, paving, re-established in grass or planted; and
6.1.2 Any stockpiling of excavated material on the site shall be undertaken in
a manner that ensures that the discharge of silt, sediment, or water containing
silt or sediment into drains, natural watercourses, wetlands, estuaries, or coastal
waters is minimised as far as practicable.
Note: In respect of earthworks that would require consent from the Auckland Regional
Council under the Auckland Regional Plan : Sediment Control (or any successor to
that plan), the Requiring Authority will be obliged to comply with the requirements
of that consent.
7.0 Stormwater
7.1 Adequate provision shall be made for the protection and/or redirection of
any existing stormwater overland flow paths within the site, which are affected
by new development works. Peak rate of discharge to the receiving environment shall
not be increased significantly as a result of any works undertaken.
8.0 Archaeological and Cultural Heritage Impact Management Conditions
8.1 Should construction work expose any archaeological remains, including human
remains, the following procedures shall apply:
- Immediately it becomes apparent that an archaeological or traditional site
has been exposed, all works in the affected area shall cease;
- The affected area shall be secured in a way that ensures that any artefacts
or remains are untouched;
- The Requiring Authority shall as soon as practicable notify local Iwi, the
New Zealand Historic Places Trust and, in the case of human remains, the Police
that artefacts or remains have been exposed so that appropriate action can be
taken.
Works shall not recommence in the affected area until any necessary authority
required by the New Zealand Historic Places Trust is obtained.
9.0 Construction Management
9.1 Prior to the construction of any new buildings, structures or facilities
in accordance with an approved Concept Development Plan and Landscape Management
Plan, the Requiring Authority shall prepare a Construction Management Plan. This
plan shall include specific details relating to the demolition, construction and
management of all works associated with the upgrading of the existing wastewater
treatment plant, including:
(a) Details of the site manager, including their contact details;
(b) The location of a noticeboard (in accordance with the relevant Auckland City
Bylaw – Part 27 Signs) on the site that clearly identifies the name, telephone number
and address for service of the site manager;
(c) Measures to be adopted to maintain the site in a tidy condition in terms
of disposal/storage of rubbish, storage and unloading of building materials and
other construction activities;
(d) Location of worker's conveniences (e.g. Portaloos);
(e) Ingress and egress to and from the site for vehicles during the construction
period (including construction machinery);
(f) Proposed numbers and timing of truck movements throughout each day and the
proposed routes to be used by trucks;
(g) Procedures for controlling sediment runoff, dust and the removal of soil
and debris from public roads or places;
The Construction Management Plan shall be submitted to the Team Leader – Hauraki
Gulf Islands, Auckland City Environments for approval prior to commencement of construction.
The approved plan shall be implemented and maintained throughout the entire construction
period.
9.2 All construction works shall be restricted to the hours between 0730 – 1800
Monday to Friday and 0800 – 1600 on Saturday. No work shall occur on Sundays or
Public Holidays.
10. Operational and Management Plan
10.1 Prior to commencement of works authorised by the designation, an Operational
and Management Plan, incorporating the actual works that are to occur on the site
shall be prepared. This plan shall be submitted to and approved by the Team Leader,
Planning Hauraki Gulf Islands and include among other matters details of dealing
with emergencies and complaints. Thereafter, the Operational and 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.
11. Other
11.1 The designation shall be compatible with the resource consent
for discharge currently held.
Advice Notes
- 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.
- Under the Historic Places Act 1993 an authority must be obtained from the
New Zealand Historic Places Trust for the modification, damage or destruction
of any archaeological site.
- It is noted that the wastewater treatment plant is subject to an air discharge
permit issued by the Auckland Regional Council which requires (amongst other things)
that the plant be operated and maintained so that discharges of odour will not
be of a noxious, offensive or objectionable nature beyond the boundaries of the
site (Lot 37 DP 183455).
- The storage and handling of any hazardous substances used in conjunction with
wastewater treatment plant operations shall be undertaken in accordance with the
provisions of the Hazardous Substances and New Organisms Act 1996 and the relevant
Hazardous Substances Regulations.
The reasons for this recommendation are as follows:
(a) 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.
(b) 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.
(c) The designation is not contrary to the relevant provisions of the Auckland
City District Plan: Hauraki Gulf Islands Section - Proposed 2006.
(d) The designation is consistent with Part II, the purpose and principles of
the Resource Management Act 1991.
| |
Name and title of signatories |
Signature |
| Author |
Clare Covington, Consultant Planner |
|
| Reviewer |
Megan Tyler, Manager: Islands
|
|
| Approver |
Penny Pirrit, Manager: City Planning |
|
Appendix 1
List of submissions and further submissions
Appendix 2
Summary of decisions requested
Appendix 3
Recommended amendments to the Plan
Appendix 4
Notice of Requirement and Supporting Information and Assessment
of Effects on the Environment
