BEFORE THE ENVIRONMENT COURT

Decision No [2014] NZEnvC 2 4 \1 ENV -20 14-AKL-OOO 134

IN THE MATTER of the direct referral of an application for resource consents under s87G of the Resource Management Act 1991

ELDAMOS INVESTMENTS

LIMITED

Applicant

Court: Environment Judge C J Thompson Environment Commissioner R M Dunlop

Hearing: at Auckland on 13 November 2014. Counsel: R E Bartlett QC for E1damos Investments Ltd

K D O'Loughlin for McDonald's Restaurants (NZ) Ltd M McCullough for the Auckland Council (and for Foodstuffs North Island Ltd and Stonefields Communities Ltd)

DECISION ON DIRECT REFERRAL

Decision issued:

The application is granted

Costs are reserved

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Introduction

[1] This is an application for resource consents referred directly to the Court under

s87G of the Resource Management Act. That means that there has been no first

instance decision by the Council and that the hearing and decision of this Court will

be the only stage at which the evidence about the proposal can be considered.

Section 290A of the Act will have no application.

[2] The application was lodged with the Council on 18 September 2013 and was

publicly notified on 28 September 2013, with the closing date for submissions being

25 October 2013.

[3] In the event, the Applicant, the Council and the persons and organisations who

became parties to the proceedings under s274 of the Act have all been able to agree

that the application may succeed, and on the conditions upon which the various

resource consents may be granted.

[4] The Court is required nevertheless to consider the matter and to reach its own

decision as to whether or not, in terms of the Purpose and Principles of the Resource

Management Act, the proposal is appropriate.

The proposal

[5] In brief, the application is by Eldamos Investments Limited, which is the

property owning arm of the Warehouse operation, for consent to establish a retail

facility at 87 and 101 Lunn Avenue, Mount Wellington. The proposal in fact has two

frontages, one onto Lunn Avenue and the other onto Ngahue Drive. It sits on a site

above and to the southwest of the recently established Stonefields residential area.

On the opposite (ie south) side of Lunn Avenue, there is already big box retailing in

place, consisting of a service station, a PlaceMakers store and aNew World

supermarket. On the north side of Lunn Avenue and to the east of the site there is a

large McDonalds restaurant with carparking and another cafe/restaurant established

beside that.

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[6] After submissions had been considered, and further material lodged with the

Council in response to s92 requests, further work was done on roading access and

parking, and an amended proposal was lodged on 15 May 2014.

[7] In brief, and as modified, the proposal is for a Warehouse store, 2 large format

retail stores, 12 smaller retail stores, and four food and beverage outlets, all to be in

three buildings. The total gross floor area of the buildings is to be 10,3 80m2 with

about 9,766m2 of that being retail, and the remainder being the cafes. There is no

issue about scope arising from the changes made to the proposal.

[8] In his affidavit of 7 November 2014, Mr Neil Rasmussen, the Council's

consultant planner, describes the amended plans of May 2014 as addressing the

following issues which had been raised by submitters and the Council's urban design

expert:

• Provision of a pedestrian linle through the site to connect the proposed

Stonefields Heritage Trail to Lunn Avenue.

• Removal of a gymnasium and fast food outlet from the development.

• Rationalisation of retail activities and location of cafes within the site to

create a more attractive interface, particularly to the pedestrian linle.

• Creation of a more active street frontage along the Ngahue Drive

frontage.

• Changes to the landscaping to complement the pedestrian linle and design

changes.

[9] After a Court facilitated mediation meeting on 18 September 2014, some further

design changes were incorporated to address some of the concerns raised by the s274

parties. These changes include an increase in the area within the site occupied by the

walkway and the associated landscaping, additional planting along the north-eastern

boundary and a better defined pedestrian link through the site to Lunn A venue. The

proposed service area is decreased in size and some of the staff parking there is

deleted.

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[10] It is agreed that there are no issues about the availability to the site of services

such as water, wastewater, stormwater, electrical, telecommunications and gas

services. Stormwater from the development is to connect to the stormwater main

located along the eastern boundary of the site. This stormwater main is part of the

local reticulation system that carries stormwater to the Maungarei Springs Wetland.

Lapse period

[11] A somewhat unusual feature of the proposal is that the Application is seeking a

lapse period of 8 years: - that is, that the development as a whole need not proceed

for 8 years and the resource consents will subsist accordingly. That is because there

are encumbrances on the title to the land which would prevent the establishment of a

department store or supermarket on the site until 2021. The standard, or default,

lapse period provided in the Act is 5 years, so the extension sought is not so lengthy

as to be likely to cause major issues - it is entirely possible that the development

might be staged, with the final step of opening the Warehouse store being the last,

when the encumbrance period has expired. As the parties are agreed on it, we see no

reason to decline the period sought.

Site Description

[12] As mentioned, the site is located on the corner of the western end of Lunn

Avenue and Ngahue Drive. Abbots Way also leads off that intersection, opposite the

site. All three roads are multi-lane, and the intersection is traffic light controlled.

[13] The land is 3.0667ha in area and is presently vacant, being covered in a mixture

of gravel, grass and weeds. It is generally flat to gently sloping, having previously

been filled and levelled after the completion of quarrying activities in the site now

housing the Stonefields development. To the east of the site the topography falls

away sharply at the edge of the former quarry. This change in slope is supported by

a large retaining wall along the boundary.

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Zoning and activity status

[14] Along with the adjoining land along Lunn Avenue, the site is zoned Business 4

in the Auckland City District Plan, Isthmus Section. Under the 2013 Proposed

Auckland Unitary Plan (P AUP) it is zoned Light Industry.

[15] The proposal requires consents under the Auc1dand Council District Plan, the

Auckland Council Regional Plan: Sediment Control, the Auckland Council Regional

Plan: Air, Land and Water, and also requires approval under the National

Environmental Standards for Assessing and Managing Contaminants in Soil to

Protect Human Health. It will also require consent under the PAUP because some of

the Regional provisions in that Plan are deemed to be in effect: - see s86B(3) RMA.

[16] It is agreed that, considered on a bundled basis, the overall activity status is

non-complying and therefore the application must pass either of the gateway tests in

s104D before it can be considered under s104 and Part 2 of the Act.

Consideration of submissions

[17] Because this is a first-instance hearing of a matter referred under s87G, the

Court is required to take account of the views of a wider circle of people and

organisations than only those who chose to formally become parties to the

application. The application was publicly notified by the Council on 28 September

2013. A total of 23 submissions were lodged - one conditionally supporting the

application and the remainder opposing it. Four of the submissions were received

after the lodgement period had expired. With the express agreement ofMr Bartlett at

the hearing, we agree with the Council's view that they may be accepted.

[18] We have read the submissions lodged, (see the list at Appendix 1, and the issues

that were raised in them at Appendix 2)1 and have considered them in the light of the

revised proposal and the positions of the submitters who elected to become parties to

the application under s274. We think it is fair to say that the dominating (but

certainly not sole) topic of concern coming from the submitters was that of traffic

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flows and vehicular access to and from the site, gIven the proximity of the

intersection and the traffic already generated by the surrounding businesses.

Section l04D thresholds

[19] Section 104D requires that before a consent authority can grant an application

for a non-complying activity, it must be satisfied that either:

(a) the adverse effects of the activity on the environment (other than any effect to

which section l04(3)(a)(ii) applies) will be minor; or

(b) the application is for an activity that will not be contrary to the objectives and

policies of- ...

(iii) both the relevant plan and the relevant proposed plan, if there is both a plan and

a proposed plan in respect of the activity.

Section 104(3)(a)(ii) applies to effects on persons who have given written consent to

the proposal, and there are none such, so that can be put aside.

[20] Mr Neil Rasmussen, a consultant planner engaged by the Council concluded, in

his s87F report of 14 July 2014, that the adverse effects of the proposal would be

minor, while expressing the view that some issues could repay further attention.

They were:

• The lapse period of 8 years (arguably not an effect strictly so called, but

possibly giving rise to longer term issues)

• Landscape treatment of the north-east and eastern boundaries of the site

• Detailed design of the Ngahue Drive entry

• Monitoring and review of the Consent Conditions.

[21] In his affidavit of7 November 2014, Mr Rasmussen confirms the view that the

further consideration of the design of the project, and the amended conditions now

agreed upon, have dealt with his reservations, minor as they were. He is also now

content with Council's acceptance of the 8 year lapse period.

[22] After a very thorough review of the relevant Plans' provisions Mr Rasmussen

also concluded that the proposal was not contrary to the objectives and policies of

those planning documents.

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[23] Having read the material lodged with the Court in the s87F report, Mr

Rasmussen's affidavit, the relevant planning provisions, and the submissions made

by Ms McCullough for the Council (which Mr Bartlett was happy to adopt on behalf

of the applicant) we see no reason to differ from the now accepted conclusion that

the proposal's effects will be minor and that it is not contrary to the objectives and

policies of the relevant planning documents. It does then pass both of the thresholds

in s104D and may be considered under s104 and Part 2 of the Act.

Section 104(1)(a) - effects

[24] We have mentioned the various adverse effects or potential adverse effects

which have been considered and which are now the subject of agreement. We need

say no more about those, but we do add that there will also be positive effects, for

instance in providing increased consumer choice in the increased retail facilities in

the area; and increased employment opportunities, among others.

Section 104(1)(b) - plan provisions

[25] The New Zealand Coastal Policy Statement is of no significance. In terms of

other National Policy Statements and National Environmental Standards, the

provIsIOns of the Resource Management (National Environmental Standard for

Assessing and Managing Contaminants in Soil to Protect Human Health)

Regulations 2011 are relevant because of the past use of the site. The proposed

conditions of consent seem appropriate to deal with this issue.

[26] The Relevant Plans and Proposed Plans are:

1. Auckland Council Regional Plan: Sediment Control.

2. Auckland Council Regional Plan: Air, Land and Water.

3. Aucldand Council District Plan - Isthmus Section.

4. Proposed Auckland Unitary Plan (P AUP).

[27] In terms of the Sediment Control Plan, the relevant Objectives are:

1. To maintain or enhance the quality of water and waterbodies in coastal water;

2. To sustain the mauri of water and water bodies in coastal waters, ancestral

lands, sites, waahi tapu and other taonga;

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3. To reduce the exposure of land to the risk of smface erosion leading to sediment

generation; and

4. To minimise sediment discharge to the receiving environment.

[28] The erosion and sediment controls proposed for the development should, we are

satisfied, ensure that the receiving environment is protected from the effects of

sediment.

[29] For the Air, Land and Water Plan, the relevant Objectives and Policies are:

Objectives 2.1.3, 2.2.3, and Policies 2.2.4.1, and 2.2.4.3. Further Objectives are

5.3.1, 5.3.4, and Policy 5.4.2. As is noted in the s87F Report, the proposal provides

for the on-site treatment of water, which should reduce contaminant discharges and

thus protect the receiving environment. There is appropriate provision for overland

flows during high rainfall events. Stormwater discharges are managed and will

accord with the objectives and policies of Chapter 5.

[30] Under the Auckland District Plan - Isthmus Section, the proposed site is, as

noted previously, zoned Business 4. Objective 2.3.5 seeks to manage urban growth

and has the following Clauses:

To manage urban growth and development in a manner that:

(a) Supports compact town centres, passenger transport and business

areas.

(b) Facilitates integrated transport management and a multimodal

transport network.

(c) Integrates land transport and land use provisions to support a quality,

compact, sustainable and contained urban form.

(d) Encourages higher density residential and commercial activity as a

priority in and around specific high density town centres and sub­

regional centres ... and enables such activities in intensive corridors

(e) Recognises that some commercial and retail activities which are ill­

suited to locating in high density centres and intensive corridors,

because of their form, scale or customer-base can be enabled in

appropriate business (and mixed use) zones ...

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It is to be noted that this development is on the last remaining vacant business site at the

western end of Lunn Avenue, which has been zoned Business 4 for some years. Lunn

Avenue contains a number of business activities with a mix of retail, and trade, cafes and a

gym, a Service Station, a supermarket and large building supply and home improvement

stores. The site is well served by the road network. Although public transport is limited

presently, there is provision for future bus services.

[31] The second Objective under 2.3.5 is:

To enhance the visual amenity and urban identity and character of identified

growth areas, by encouraging well designed buildings, lively streetscapes,

safe and attractive public spaces, convenient pedestrian linkages and good

access to transport facilities.

The s87F Report notes some limitations in terms of visual amenity and streetscape.

Modifications to the design since have improved that situation and we are content

that the proposal is consistent with the Objective. There are also other objectives

relating to heritage, natural hazards, human environment, business activity which we

have considered and the proposal seems to be consistent with them.

[32] Similarly with the P AUP, the regional provisions which are to be given effect

pursuant to s86B(3) are complied with.

Section 104(1)(c) - other matters

[33] No further issues which might be considered under s104(1)(c) were brought to

our attention; nor did our reading of the material bring any to light.

Part 2

[34] There were no matters of particular interest to Maori in terms of s8 or s6(e)

brought to our attention, nor indeed were any other matters of national importance

unders6.

[35] While not directly raised, we had ... particular regard to '" relevant s7 issues

which appeared to be: ...

(b) The efficient use and development of natural and physical resources:

(c) The maintenance and enhancement of amenity values: ...

(f) Maintenance and enhancement ofthe quality of the environment: ...

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For the reasons discussed, albeit briefly, earlier in this decision, we consider that

there is reasonable compatibility with those issues. The use of Business zoned land

for business purposes is, almost self-evidently, an efficient use of the resource. With

the redesign of the proposal to meet the issues raised by the Council and the

submitters/parties, matters of amenity values and the quality of the environment have

been considered and dealt with as well as could be expected in what is, after all, a

highly urbanised setting.

Result

[36] For the reasons we have attempted to outline, we see no cause to differ from

the agreement reached among the applicant, the Council and the submitters/parties.

The resource consents sought are granted on the terms and conditions attached to this

decision as Appendix 3, with Condition 21 amended as agreed by the parties in

response to clarification sought by the Court. The lapse period is to be 8 years from

the date of issue of this decision.

Costs

[37] In the circumstances we would not encourage any application for costs, but as a

matter of formality, costs are reserved. Any application should be made within 15

working days of the issuing of this decision, and any response lodged within a further

10 working days.

Dated at Wellington this~y of November 2014

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Appendix 1 - List of submitters

J Trimmer

F Johnstone

A Davies

A MacDonald

JRobertson

G Deryl

C and H McKenzie

M and S Collings

J Steel

McDonald's Restaurants (NZ) Ltd

Foodstuffs North Island Ltd

RandH Scott

Stonefields Residents Association Inc

C Steel

Kiwi Property Management Ltd

Fletcher Distribution Ltd

Stonefields Communities Ltd

St Johns College Trust Board

NCGray

Gand WPacey

Wand S Dalzell

M Johnstone

J G Shearer and A J Allen

11

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Appendix 2 - Issues raised by submitters

1 Transport - including cycle and pedestrian linkages with adjacent Stonefields

development

2 Buildings

3 Location to residential properties

4 Land fill gas

5 Urban design

6 Security

7 Big Box retail

8 Recreation and heritage

9 Residential amenity

10 Operation of activity - noise and lighting

11 Stormwater

12 Lapse of consent

13 Inconsistent with planning instruments

14 Contrary to RMA

15 Integrated management of Mt Wellington area

16 Compromise of Council's centres hierarchy and compact city model

17 Significant adverse effects

18 Landscaping

19 Residential

20 Business mix

21 Economics

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Appendix 3 Conditions of Consents:

Land Use Consents (RILUC/2013/3567) and Stormwater Management Permits (RIREG/2013/4665 and R/REG/2013/4779) at 87 and 101 Lunn Avenue, Mt Wellington, Auckland

Under sections 104, 1048, 1040, 105 and 107, and Part 2 of the Resource Management Act 1991, non-complying activity resource consent is granted to Eldamos Investments Limited for: district land use consent (R/LUC/2013/3567) for the establishment of a retail facility on the site, anchored by The Warehouse and also incorporating large format retail stores, smaller shops, cafes, together with associated parking, service areas and access; for regional land use consent for earthworks (R/LUC/2013/3567 and NRSI Reference: 4318); for regional stormwater management permits (R/REG/2013/4665 - Quality and R/REG/2013/4779 - Flow); and for earthworks and soil disturbance under Regulation 9(1) of the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (NES Soil).

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District land use consent R/LUC/2013/3567 is required for the following reasons:

Under the Operative Auckland Council ~istrict Plan (Auckland City Isthmus Section 1999)

Pari 4A General Rules

• The proposal involves earthworks over an area of approximately 3ha. As the area of earthworks is greater than 500m2 on a site with an average slope less than 5% a restricted controlled activity resource consent is required pursuant to Clauses 4.3.2.5, 4A.2 and 8.7.1.

Pari 50 Natural Hazards

• As the site is identified as being subject to unstable/suspected weak ground and filled/weak ground, pursuant to Clause 50.6.1 a restricted discretionary activity resource consent is required.

Pari 8 Business Activity

• As the proposed activity is located within 30m of the Residential 6b zone, resource consent is required for a restricted discretionary activity pursuant to Clause 8.7.1.

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• The proposed gross floor area of non-retail activities totals 604m2. As this area falls within the range 500m2 to 2,OOOm2, resource consent is required for a restricted discretionary activity pursuant to Clause 8.7.11 Threshold Effect.

• The proposed gross floor area of retail activities totals 9,776m2. As this area is greater than 7,500m2, resource consent is required for a non-complying activity pursuant to Clause 8.7.1.1 Threshold Effect.

• Clause 8.8.1.13A provides for a height in relation to boundary control to apply to boundaries common with Open Space zoned properties. As part of a proposed building infringes the recession plane applying to the eastern boundary where it adjoins an Open Space zone, a discretionary activity resource consent is required pursuant to Clause 4.3.1.28 Development Control Modification.

• Clause 8.8.1.138 requires a 6m side yard where a site's boundary adjoins residential zoned land. As a 3m high fence is proposed within the yard along the site's north eastern boundary, a discretionary activity resource consent is required pursuant to Clause 4.3.1.28 Development Control Modification.

• Clause 8.8.1.138 requires a 3m wide landscaped strip adjoining the length of a site boundary of any rear and side yard. As the landscaping strip proposed along the full length of the site's rear (eastern) boundary is less than 3m wide for some length, a discretionary activity resource consent is required pursuant to Clause 4.3.1.28 Development Control Modification.

• Clause 8.8.1.13C(i) requires a solid wall screen not less than 1 m in height where Open Space zoned land directly faces a site across a public road or public footway. As no wall is proposed along the Ngahue Road frontage, a discretionary activity resource consent is required pursuant to Clause 4.3.1.28 Development Control Modification.

Part 12 Transport

• According to the parking standards in Clause 12.8.1.1, 626 parking spaces are required whereas 409 spaces are proposed. The shortfall of 217 spaces requires resource consent as a discretionary activity pursuant to Clause 12.9.1.1.

Clause 12.8.2.2(i) requires no more than two vehicle crossings per site. As three crossings are proposed, resource consent is required as a restricted discretionary activity.

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• A maximum width of 6m for any vehicle crossing is specified in Clause 12.8.2.2(ii). The vehicle crossings associated with delivery and customer access are approximately 7m and 11.5m in width respectively. These infringements require resource consent as a discretionary activity pursuant to Clause 4.3.1.28 Development Control Modification.

• As parking is provided for more than 100 vehicles, resource consent is required for a controlled activity pursuant to Clause 12.9.1.1A.

National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (liNES (Soi!)")

• As a number of hazardous activities may have occurred on the Site, and soil disturbance and a change of land use are proposed, the NES (Soil) applies and consent for the earthworks is required under Regulation 9(1) as a discretionary activity.

Regional land use consent R/LUC/2013/3567 and NRSI Reference: 4318) is required for the following reasons:

Operative Auckland Council Regional Plan: Sediment Control

• Earthworks for the proposed development will take place over an area of approximately 3ha. Earthworks on an area between 1 hectare and 5 hectares where the land has a slope less than 15° requires resource consent as a controlled activity pursuant to Rule 5.4.2.1.

Regional stormwater management permits R/REG/2013/4665 - Quality and RlREG/2013/4779 - Flow are required for the following reasons:

Proposed Auckland Unitary Plan 2013

Stormwater Management - Flow

• Consent is required as a restricted discretionary activity under Rule H.4.14.2.1 Stormwater Management - Flow, because the proposal will result in impervious coverage greater than the 80% impervious area threshold within the light industry zone (being 89%).

Stormwater Management - Quality

• Consent is required as a restricted discretionary activity under Rule H.4.14.3.1 Stormwater Management - Quality for the development of new uncovered parking areas greater than 1, 000m2 (being 15,958m2

)

which do not meet the controlled activity controls.

/ "

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The proposal has been assessed overall as a non-complying activity.

Consent Conditions

Pursuant to Section 108 of the Resource Management Act 1991 ("the RMA") , the consents described above shall, except as specified, be subject to the following conditions:

General Conditions

Activity in Accordance with Plans

1. The proposed development shall be carried out in accordance with the plans and all information submitted with the application, detailed below, and all referenced by the Council as consent number R/LUC/2013/356?

• Application and Assessment of Environmental Effects titled "Eldamos Investments Limited, Application for resource consents and assessment of environmental effects, proposed retail development at 87 and 101 Lunn Ave, Mount Wellington" prepared by Vaughan Smith of Bentley & Co. Limited, dated September 2013.

• Drawings:

Reference Rev number

Title Architect / Author Dated

Sheet RC02

Rev 1 Existing Site Plan Stiffe Hooker 11/09/2013

Sheet RC03

Sheet RC04

Sheet RC06

Sheet RCO?

Sheet RC08

Rev 10

Proposed Site Plan

Rev 5 Proposed Site Works

Rev 4 Elevations

Rev 4 Elevations 1 Cross Sections

Stiffe Hooker 29/09/2014

Stiffe Hooker 03/10/2014

Stiffe Hooker 9/05/2014

Stiffe Hooker 9/05/2014

Rev 4 Elevations Stiffe Hooker 9/05/2014

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Sheet RC10

Rev 1 Sediment Control Works Stiffe Hooker Plan

Sheet RC11

Rev 1 Sediment Control Details Stiffe Hooker and Sections

Sheet RC12

Rev E Walkway Plans & Sections

Stiffe Hooker

001

002

003

004

005

006

007

008

009

010

Rev C Landscape - Overall

Rev C Landscape - Tree Planting

Rev C Landscape - Ngahue Frontage

Rev C Landscape - Lunn Ave Frontage

Rev C Landscape Lunn Ave Entry

Rev C Landscape - Ped. Walkway

Rev C Landscape Carpark Planting

Rev C Landscape - Pavement Planting

Rev C Landscape 3m Buffer

Rev C Landscape - Plant Schedule

LASF

LASF

LASF

LASF

LASF

LASF

LASF

LASF

LASF

LASF

011 Rev C Landscape Plant Images LASF

012

• Reports:

Rev C Landscape Brdwlk Walkway

Specialist Report Title Prepared by

Architect's Statement Stiffe Hooker

LASF

Landscape Design Statement

Landscape Architects Simon Ferrick Limited (LASF)

Engineering Report Stiffe Hooker

Ground Tonkin & Taylor Ltd

Rev

11/09/2013

11/09/2013

29/09/2014

06/10/14

06/10/14

06/10/14

06/10/14

06/10/14

06/10/14

06/10/14

06/10/14

06/10/14

06/10/14

06/10/14

06/10/14

Dated

29/812013

20/8/2013

02/8/2013

Contamination Desk Study Investigation

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Integrated Transport Traffic Planning Consultants Assessment

External Lighting Report

Assessment of Distributional Effects

Electrical Consulting Services Limited

Marketplace New Zealand Limited

Urban Design Report Connect Urban Design Ltd

Assessment of Boffa Miskell Limited Landscape and Visual Effects

Assessment of Noise Hegley Acoustic Consultants Effects

Other Additional Information

Interim Response to Section 92 Request prepared by Vaughan Smith Planning Limited and Attachments

13/9/2013

04/9/2013

16/9/2013

Sept 2013 .··.HHH ___ ...... ·•· •• _ ... _____ ••

13/9/2013

Sept 2013

Dated

21/01/2014

•••••••...• _ ..•••.•.•..•....... __ .............. __ .. __ .•.... _ .. _ .....•••.•.•.• __ ._ ....................... __ . _____ ........... . ...........•......•...... __ .......................... M........ • •.•...••.....•....•• _ •.....•.......•... _ •............. _ ............ _ .. __ . __ .. _ .... _____ ... __ ._ ... ___ ._ ..... _

2nd Interim Response to Section 92 Request prepared by Vaughan 17/02/2014 Smith Planning Limited and Attachments

Final Response to Section 92 Request prepared by Vaughan Smith 05/03/2014 Planning Limited and Attachments

Confirmation of Design Changes prepared by Vaughan Smith Planning Limited and Attachments

Pre-development Conditions

Administrative Charges

15/05/2014

2. This consent (or any part thereof) shall not commence until the following charges, which are owing at the time the Environment Court's decision is notified, have been paid in full:

a) All fixed charges relating to the receiving, processing and granting of this resource consent under section 36(1) of the Resource Management Act 1991 (RMA); and

b) All additional charges imposed under section 36(3) of the RMA to enable the Council to recover its actual and reasonable costs in respect of this application, which are beyond challenge.

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c) All development contributions relating to the development authorised by this consent, unless the Manager Resource Consents has otherwise agreed in writing to a different payment timing or method.

3. The consent holder shall pay any subsequent further charges imposed under section 36 of the RMA relating to the receiving, processing and granting of this resource consent within 20 days of receipt of notification of a requirement to pay the same, provided that, in the case of any additional charges under section 36(3) of the RMA that are subject to challenge, the consent holder shall pay such amount as is determined by that process to be due and owing, within 20 days of receipt of the relevant decision.

Advice Note:

Development contributions levied under the Local Government Act 2002 are payable in relation to this application. The consent holder will be advised of the development contributions payable separately from this resource consent decision. Further information about development contributions may be found on the Auckland Council website at www.aucklandcouncil.govt.nz.

Monitoring Charges

4. The consent holder shall pay the Council an initial consent compliance monitoring charge of $2,000.00 (inclusive of G8T), plus any further monitoring charge or charges to recover the actual and reasonable costs that have been incurred to ensure compliance with the conditions attached to this consent.

Advice Note:

The initial monitoring charge is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc., all being work to ensure compliance with the resource consent. In order to recover actual and reasonable costs, inspections, in excess of those covered by the base fee paid, shall be charged at the relevant hourly rate applicable at the time. The consent holder will be advised of the further monitoring charge or charges as they fall due. Such further charges are to be paid within one month of the date of invoice. Only after all conditions of the resource consent have been met, will Council issue a letter confirming compliance on request of the consent holder.

Lapse of Consent

5. Under section 125 of the RMA, this consent lapses eight years after the

0.';::::\ date it commences unless:

a) The consent is given effect to; or

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b) The Council extends the period after which the consent lapses.

Contamination

6. The consent holder shall undertake a detailed site investigation and analysis of soils in accordance with the Contaminated Land Management Guidelines NO.5- Site Investigation and Analysis of Soils, 2011 and provide a contamination report with the testing results to the satisfaction of the Team Leader, Central - Resource Consent Monitoring, Auckland Council.

7. If the report required in Condition 6 finds that the concentration of contaminants exceeds the commercial/industrial outdoor worker (unpaved) soil contaminant standards for health (refer: Ministry for the Environment, (2011) Methodology for Deriving Standards for Contaminants in Soil to Protect Human Health, Wellington: Ministry for the Environment), the consent holder shall, prior to excavation and construction works, submit a remediation action plan and a health and safety plan to the satisfaction of Team Leader, Central - Resource Consent Monitoring, Auckland Council, and then undertake remediation works according to the approved remediation plan.

Earthworks

8. At least 10 working days prior to the commencement of earthworks, a finalised, site-specific, scaled erosion and sediment control plan (drawing), prepared in general accordance with Auckland Council's Technical Publication 90, shall be submitted to the Team Leader, Earthworks and Contaminated Land, Auckland Council. No works shall commence until confirmation is provided from the Team Leader, Earthworks and Contaminated Land, Auckland Council, that the erosion and sediment control plan (ESCP) satisfactorily meets these requirements. The ESCP shall include, but not be limited to, the following items:

a) A plan showing the location of the specific devices proposed to mitigate sedimentation effects for each stage of the earthworks relating to: 1) the installation of the underground services proposed and the construction of the sediment retention pond; and 2) bulk earthworks; 3) works within the road reserve.

b) Details regarding how clean water runoff from upgradient of the site will be managed.

c) Details of dewatering methodologies and devices proposed.

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d) Confirmation of the progressive stabilisation techniques to be used.

e) Design details for the sediment retention pond, including:

i. Size of the pond to suit 2% capacity

ii. Shape of pond

iii. Location of where the emergency and primary spillways will discharge to

iv. RL levels for

• Base of pond

• Primary Spillway

• Emergency Spillway

• Level Spreader

• Top of pond embankments (depth of pond)

• Decants

Advice Note:

In the event that minor amendments to the erosion and / or sediment controls are required, any such amendments should be limited to the scope of this consent. Any amendments which affect the performance of the controls may require an application to be made in accordance with section 127 of the RMA. Any minor amendments should be provided to the Team Leader, Earthworks and Contaminated Land, Auckland Council, prior to implementation to confirm that they are within the scope of this consent.

9. At least 10 working days prior to the commencement of works, a Chemical Treatment Management Plan (CTMP) shall be prepared in accordance with Auckland Council Technical Publication 90 Guidelines for Land Disturbing Activities in the Auckland Region (updated in December 2007) and Auckland Council's Technical Publication 227 The Use of Flocculants and Coagulants to aid the settlement of suspended sediment and earthworks runoffs: Trials, Methodology and Design (2004). This CTMP shall be submitted to Team Leader, Earthworks and Contaminated Land, Auckland Council.

No earthworks shall commence until confirmation is provided from the Team Leader, Earthworks and Contaminated Land, Auckland Council, that the CTMP satisfactorily meets the requirements of the technical documents described above and that it includes, as a minimum:

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a. Specific design details of the chemical treatment system based on a rainfall activated dosing system for the sediment retention pond;

b. If the use of poly aluminium chloride (PAC) is proposed, confirmation of how much stormwater, will 1 litre of PAC will treat at the proposed dose rate;

c. Monitoring, maintenance (including post storm) and contingency programme (including a record sheet);

d. Details of optimum dosage (including assumptions);

e. Results of initial chemical treatment trial;

f. A spill contingency plan; and

g. Details of the person or bodies that will hold responsibility for long term operation and maintenance of the chemical treatment system and the organisational structure which will support this system.

Advice Note:

In the event that minor modifications to the CTMP are required, such modifications should be limited to the scope of this consent. Any changes to the CTMP which affect the level of treatment provided may require an application to be made in accordance with s127 of the RMA.

10. Prior to the commencement of earthworks activity, all measures required in accordance with the Chemical Treatment Management Plan (CTMP) as approved by Condition 9, shall be put in place.

11. The Team Leader, Earthworks and Contaminated Land, Auckland Council, shall be notified at least 5 working days prior to earthwork activities commencing on the subject site.

Advice Note:

This condition requires the consent holder to notify the Council of their intention to begin earthworks a minimum of five working days prior to commencement. Please contact the Team Leader, Earthworks and Contaminated Land, Auckland Council, to advise of the start of works

Pre-construction meeting

12. Prior to the commencement of any earthworks activity, the consent holder shall hold a pre-start meeting that:

a. is located on the subject site;

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b. is scheduled not less than 5 days before the anticipated commencement of earthworks;

c. includes an officer from the Earthworks and Contaminated Land team, Auckland Council; and

d. includes representation from the contractors who will undertake the works

The final approved erosion and sediment control plan shall be made available at the pre-start meeting. Advice Note:

To arrange the pre-start meeting required by this condition please contact the Team Leader, Earthworks and Contaminated Land, Auckland Council, to arrange this meeting. The conditions of consent should be discussed at this meeting. All additional information required by the Council should be provided 2 days prior to the meeting.

13. Within ten (10) working days following implementation and completion of the works specified in the ESCP approved under Condition 8, and prior to the commencement of earthworks activity on the subject site, a suitably qualified engineering professional shall provide written certification to the Team Leader, Earthworks and Contaminated Land, Auckland Council, that the erosion and sediment control measures have been constructed in accordance with the approved ESCP. Written certification shall be in the form of a report or any other form acceptable to the Council.

Traffic and Roading

14. All works within the road reserve, excluding the vehicle crossings, shall be subject to an application for Engineering Approval from Auckland Council. These works shall cover all landscape areas within the road reserve.

Advice Note:

At the Engineering Plan Approval stage, the consent holder is advised to consult with Auckland Transport and Auckland Council's Parks Department on all matters relating to changes to verges if any are proposed.

Any works within the road reserve require the prior approval of Auckland Transport. This includes vehicle crossings, reinstating verges and temporary occupation of the berm / verge during construction. This is typically covered by a Corridor Access Request (CAR).

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The consent holder is advised to contact Auckland Transport as early as possible to discuss design elements, e.g. road markings / signs, reinstatement of verge, retaining walls, that may be required. Any installation of road markings may require formal resolution and gazetting in accordance with the Traffic Control Devices (TCD) rules. Any preparation of documentation or consultation required with the installation and gazetting of road marking is to be the responsibility of the consent holder.

15. All works within the road reserve shall be subject to a safety audit to be undertaken by a qualified and reputable transport safety expert prior to lodgement of application for Engineering Plan Approval.

16. The southern site access on Ngahue Drive shall be designed as a left­in I left-out only access. The crossing shall be angled such that right turns into and out of the site are prevented. A solid island shall be provided to assist in directing traffic, along with supporting RG-7 No Right Turn signage. Details of the access layout shall be submitted at Engineering Plan Approval stage.

17. Prior to construction, the consent holder shall liaise with specialist Transport Planners and Urban Designers at Auckland Transport and submit detailed cross sections of all driveway crossovers to the Team Leader, Central - Resource Consent Monitoring, Auckland Council, for review and approval. Site access pOints shall be designed and constructed to the same levels as the footpath on each side of the crossing, using the same materials, kerbing, pavings, patterns and finish as the footpath on each side of the crossing. The crossing levels must align with the levels of the footpath adjacent to and extending past each side of the proposed crossing.

18. A detailed and comprehensive Construction Traffic Management Plan prepared in consultation with the Traffic Operations Manager at Auckland Transport shall be provided to the Team Leader, Central -Resource Consent Monitoring, Auckland Council for approval prior to commencement of any construction activities. The plan shall include reference to the following restrictions:

• If necessary road closures on Ngahue Drive and Lunn Avenue shall only occur between 11 :00 PM and 5:00 AM.

• A single lane closure on Ngahue Drive may be permitted during business hours provided there are no other options available.

• At no time shall any public footpath be closed in full. A minimum of 1.8 metre of walkable pavement shall be provided during construction of a portion of any public footpath is used.

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Advice Note:

When approving the Construction Traffic Management Plan, the Team Leader, Central - Resource Consent Monitoring, Auckland Council will liaise with Auckland Transport which is the authority that manages the road network.

Flexible schedules to suit the particular construction contractor may be discussed directly with Auckland Transport at the time of review of the management plan.

19. Gradients of the pedestrian walkway ramp, which connects the Auckland Council 'Heritage Trail' and the pedestrian plaza area between building tenancies 14 and 15, shall meet the requirements of the New Zealand Building Code - Access Routes.

Engineering Approval

20. An Engineering Approval shall be obtained from the Auckland Council for the public wastewater main extension and connections before commencement of any physical works on site.

Advice Note:

Plan and long section drawings for public wastewater main extension and manholes shall be submitted for Watercare Services Limited review at the time of the application to the Council for Engineering Plan Approval.

Watercare Services Limited "works over" approval shall be obtained for building close to or over public gravity pipes. Public wastewater manholes shall not be built over. Building closer to or over public gravity wastewater pipes shall comply with current Watercare Services Limited Engineering Standards.

All materials, workmanship and testing shall be in accordance with the current Watercare Services Limited Engineering Standards.

All construction work associated with wastewater assets, shown on the attached plans, shall be supervised by an engineering representative appointed by the consent holder (refer to Watercare Services Limited's Engineering Standards).

On completion of the public wastewater work, as-built plans and a completion certificate, in accordance with Watercare Services Limited Engineering Standards shall be forwarded to the appointed field officer.

A 'pre-construction' meeting shall be arranged at least 48 hours prior to the engineering works. Please contact the Watercare Services Limited's Development Team (developments@water.co.nz).

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All works on existing public wastewater drains and watermains shall only be carried out by a Watercare Services Limited approved contractor at the applicant's expense.

Urban Design

21. The consent holder shall offer the owners of 96 Ngahue Drive and 76-80 Magma Crescent the opportunity to utilise the land (by transfer or otherwise) between the site boundary and the 3m high acoustic fence and remove the existing boundary fence. In the event that not all residents accept the offer within 90 working days of the date of the offer, the consent holder shall submit an amended Landscape Plan detailing alternative fencing and planting at the interface along the northern boundary to remove the potential entrapment area created by two lines of fences in relation to those properties that haven't taken up the offer. The alternative fencing and planting plan shall be submitted to the Team Leader, Central - Resource Consent Monitoring, Auckland Council for approval prior to the construction of the northern service access to the site.

22. The consent holder shall, in consultation with the grantee of the right of way easement (instrument number 8783402.2), prepare design details of Area 'X' shown on the Stiffe Hooker Drawing RC03 Rev 10 dated 29/09/14. The consent holder shall submit the design details along with a separate safety audit by a qualified and reputable transport safety expert to the Team Leader, Central - Resource Consent Monitoring, Auckland Council, for approval in terms of functionality and pedestrian/cycle safety.

Development in Progress Conditions

Contamination

23. The consent holder shall, within three months following completion of the earthworks, submit to the satisfaction of the Team Leader, Central­Resource Consent Monitoring, Auckland Council, a Site Validation Report.

The Site Validation Report shall include:

a) Soil test results for the excavated areas and capping materials (if any); and

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b) Scaled plans (plan and elevation views) showing the location and containment details (if any) of any contaminated materials relocated on the site; and

c) An on-going monitoring and management plan (if needed); and

d) Evidence of disposal of contaminated materials in a licensed facility.

24. The consent holder shall ensure that the contamination level of any imported soil is below the relevant acceptance criteria for human health protection as per the commercial I industrial outdoor worker (unpaved) soil contaminant standards for health (refer: Ministry for the Environment, (2011) Methodology for Deriving Standards for Contaminants in Soil to Protect Human Health, Wellington: Ministry for the Environment).

25. The consent holder shall at all times control any dust in accordance with the Good Practice Guide for Assessing and Managing the Environmental Effects of Dust Emissions, Ministry for the Environment (2001 ).

26. If the soil investigation required by Condition 6 identifies refuse in fill material or if refuse material is discovered during earthworks, the consent holder shall undertake continuous gas monitoring of methane, carbon dioxide and oxygen, at above ground levels for the duration of the works.

In the event that the methane and oxygen concentrations in these areas do not comply with the following limits, work shall cease until such time as the limits are met:

• Methane: not greater than 1 % by volume;

• C02: not greater than 1.5% by volume; and

• Oxygen: not less than 19.5% by volume under normal atmospheric pressure.

Advice Note:

The above-mentioned reports and plans should be prepared in accordance with the Contaminated Site Management Guidelines No. 1 Guidelines for Reporting on Contaminated Sites in New Zealand, Ministry for the Environment, 2011.

Completion of Earthworks

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27. Notice shall be provided to the Team Leader, Earthworks and Contaminated Land team, Auckland Council, at least two (2) working days prior to the removal of any erosion and sediment control works specifically required as a condition of resource consent or by the approved ESCP.

28. Prior to the completion or abandonment of earthworks on the subject site and prior to the commencement of the construction of the buildings' slabs, all areas of bare earth shall be permanently stabilised against erosion to the satisfaction of the Team Leader, Earthworks and Contaminated Land, Auckland Council.

Advice Note:

In accordance with this condition should the earthworks be completed or abandoned, bare areas of earth shall be permanently stabilised against erosion. Measures may include:

• aggregate or vegetative cover that has obtained a density of more than 80% of a normal pasture sward.

The on-going monitoring of these measures is the responsibility of the consent holder.

It is recommended that the consent holder discuss any potential measures with the Council's monitoring officer who will guide you on the most appropriate approach to take. Please contact the Team Leader, Earthworks and Contaminated Land, Auckland Council, for more details. Alternatively, please refer to the Auckland Regional Council, Technical Publication No. 90, Erosion & Sediment Control Guidelines for Land Disturbing Activities in the Auckland Region.

29. The site shall be progressively stabilised against erosion at all stages of the earthwork activity and shall be sequenced to minimise the discharge of contaminants to groundwater or surface water in accordance with the approved ESCP.

Maintenance and monitoring 30. There shall be no deposition of earth, mud, dirt or other debris on any

public road or footpath resulting from earthworks activity on the subject site. In the event that such deposition does occur, it shall immediately be removed. In no instance shall roads or footpaths be washed down with water without appropriate erosion and sediment control measures in place to prevent contamination of the stormwater drainage system, watercourses or receiving waters.

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31. The consent holder shall inspect the erosion and sediment control measures on a daily basis and within 24 hours after a significant storm event during the construction by the contractors to ensure effective operation. Any maintenance needs identified during the inspections, to ensure the devices continue to operate at full operation capacity, shall be carried out as soon as practicable. A record shall be maintained of the date, time and any maintenance undertaken in associated with this condition which shall be forwarded to the Team Leader, Earthworks and Contaminated Land, Auckland Council, upon request.

Seasonal Restriction 32. Revegetation/stabilisation required by the conditions of this consent is

to be completed by 30 April in the year of bulk earthworks in accordance with measures detailed in TP90 and any amendments to this document, unless a later date is approved in writing by the Team Leader, Earthworks and Contaminated Land, Auckland Council, at least two weeks before the 30 April.

33. No bulk earthworks on the subject site shall be undertaken between 30 April and 1 October in any year, without the submission of a I Request for winter works' to the Team Leader, Earthworks and Contaminated Land, Auckland Council. All requests must be renewed annually, and must be submitted at least 10 days prior to 30 April each year. No works shall occur until written approval has been received from the Team Leader, Earthworks and Contaminated Land, Auckland Council. All winter works will be assessed monthly to ensure that adverse effects are not occurring in the receiving environment.

Construction Noise conditions

34. Noise from construction activities shall be measured and assessed in accordance with the provisions of NZS6803: 1999 "Acoustics -Construction Noise". All construction activities must comply with the noise limits imposed for works of long term duration.

35. All construction work, including earthworks and any noise generating activities in the vicinity of the site associated with the proposed development shall take place only between the hours of 07:30 and 18:00 Monday to Saturday. No construction activities shall take place at any other time including Sundays and public holidays.

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36. As early in the construction process as practicable, but in any case prior to the use of the northern access to the site by service vehicles, the consent holder shall erect an acoustically effective barrier in accordance with the design approved by Condition 21 for the area along the northern boundary of the site adjoining the residential properties on Ngahue Drive and Magma Crescent. The acoustic barrier shall be maintained as an effective acoustic barrier.

37. The eastern fac;ade of the building between the northern end of the building and the loading bay shall be finished with Woodtex panelling to limit noise from within the building and ensure operational noise complies with the permitted activity standards for noise in the District Plan.

Landscaping

38. Prior to construction of buildings on the site, the consent holder shall construct a walkway and undertake landscaping, for the purpose of ensuring visual mitigation for adjoining residential properties, in accordance with:

• Stiffe Hooker, Sheet RC12, Rev E, 29/09/14, Walkway Plans &

Sections

• LASF, DWG 012 Rev C 06/10/2014, Landscape - Brdwlk. Walkway

The walkway shall be made available for continuous public use from the time the first activities within buildings on the site commence operation.

However, the consent holder may close the walkway to public access from time to time if required due to subsequent construction activities.

39. A maintenance plan for all the planting on site must be prepared by a suitably qualified person and submitted to the Team Leader, Central -Resource Consent Monitoring, Auckland Council, for approval prior to the construction of buildings on the site. This plan shall include:

a) soil preparation works

b) irrigation

c) ongoing monitoring frequency and plant replacement

The maintenance plan shall include a minimum maintenance period of 2 years for all planting on site to ensure the successful establishment of vegetation.

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40. With the exception of the planting associated with the walkway on the north-eastern boundary of the site (which shall be implemented earlier in accordance with Condition 38) the planting identified on the Landscape Plans shall be implemented for each stage of development within the first planting season following the completion of construction works for that stage and the plants shall be maintained and irrigated thereafter in accordance with the approved maintenance plan. To enable the planting associated with each stage of development to be identified, a staging plan shall be provided to the Team Leader, Central - Resource Consent Monitoring prior to the construction of buildings on the site.

Post Development Conditions

41. Where vehicle entrance locations are altered, vehicle crossings no longer required shall be re-instated as verge and/or footpath and kerbs replaced to the satisfaction of the Team Leader, Central - Resource Consent Monitoring, Auckland Council.

42. No sooner than six months after the development is completed and activities within Buildings 2-14 on RC03 Rev 10 (29/09/2014) are established, the following surveys shall be undertaken by a suitably qualified and independent traffic engineer.

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i. Trip generation survey at the site access points; and

ii. Queue length survey on the Lunn Ave right-turn short lane into

Ngahue Drive and access to the New World site at 100 Lunn Ave

(Lot 1, DP 453118).

Surveys shall be undertaken during the weekday evening peak period 4:30pm-6:30pm and during the typical Saturday peak of 12-2pm. Survey periods shall not include school holiday or any public holiday period, and shall be taken on at least four separate occasions. The consent-holder shall submit to the Team Leader, Central - Resource Consent Monitoring, Auckland Council, confirmation that the survey methodology has been accepted by Auckland Transport. The consent holder will submit a report to the Team Leader, Central -Resource Consent Monitoring, Auckland Council, including:

• the results of the traffic survey;

• description of any significant adverse traffic effects from traffic generated by the development identified by the survey; and

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• any recommendations as to mitigation measures to address those adverse effects, including, but not be limited to, installation

of a dedicated left-turn lane into the subject site from the Lunn Ave north approach and/or the application of transverse marking

at the uncontrolled north western access to Lot 1 DP 335509, 102 Lunn Avenue (at time of consent occupied by Placemakers).2

All costs associated with the above shall be borne by the consent

holder: Operational noise 43. Delivery and collection vehicles may visit the site between the hours of

07:00 and 22:00 Monday to Saturday and between the hours of 9:00 and 18:00 Sundays and public holidays. No delivery and collection vehicles shall access the site at any other time.

44. No truck shall operate refrigeration equipment while located on the access area adjacent to the residential area to the north and east of the

site.

45. Prior to the commencement of the activities within the buildings on site a report prepared by a suitably qualified and experienced acoustic

consultant confirming that the acoustic design and installation of all mechanical services and plant will ensure compliance with the permitted activity standards for noise in the district plan shall be submitted for approval to the satisfaction of the Team Leader, Central -

Resource Consent Monitoring, Auckland Council. The report shall include confirmation that the cumulative noise from all services and equipment does not exceed the permitted activity standards for noise in

the district plan.

Amalgamation of Titles 46. Prior to the commencement of the activities within the buildings on site

written confirmation shall be provided to the satisfaction of the Team Leader, Central - Resource Consent Monitoring, Auckland Council that the two lots comprising the site are held together in such a way that

they cannot be disposed of independently without prior consent of the

Council.

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Conditions Specific to Stormwater Management Consents

RlREG/2013/4665 and R/REG/2013/4779

Stormwater works 47. The following stormwater management works are to be constructed for

the following catchment areas and design guidelines and they are to be completed prior to stormwater discharges commencing from the site.

Works to be Catchment area- Catchment Design guideline(s) undertaken impe/Vious area- pe/Vious

Swales 15,958mL undefined Refer Engineering Drawing RC04 Rev 5 03/10/2014, and LASF Landscape Carpark Planting Sheet 007 Rev C 06/10/2014

Roof material 11,598mL No exposed unpainted metal surfaces

48. In the event that any minor modifications to the stormwater management system are required, the following information shall be provided:

• Plans and drawings outlining the details of the modifications; and

• Supporting information that details how the proposal does not affect the capacity or performance of stormwater management system.

All information shall be submitted to, and verified by the Team Leader­Stormwater, Natural Resources and Specialist Input, prior to implementation. Advice Note:

All proposed changes must be discussed with the Team Leader - Storm wa ter, Auckland Council, prior to implementation. Any changes to the proposal which will affect the capacity of performance of the stormwater system or will result in a change to the conditions of this consent will require an application to be made in accordance with. Section 127 of the RMA.

Construction meetings 49. Five working days prior to starting any construction of swales on the

site, a pre-construction site meeting between Stormwater Natural Resources and Specialist Input and all relevant parties, including the site stormwater engineer, shall be arranged.

The following information shall be provided at the pre-construction meeting:

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i) Timeframes for key stages of the works authorised under this

consent;

ii) Contact details of the site contractor and site stormwater

engineer; and

iii) Approved (signed/stamped) construction plans.

51. Within 30 days of Practical Completion of the swales, a post

construction site meeting shall be arranged and conducted between

Stormwater, Natural Resources and Specialist Input and all relevant

parties, including the site stormwater engineer.

Certification of construction works 52. Within 30 days of practical completion, As-Built certification and plans of

the swales, which are certified (signed) by a suitably qualified registered

surveyor as a true record of the stormwater management system, shall

be provided to the Team Leader - Stormwater, Natural Resources and

Specialist Input, Auckland Council.

The As-Built plans shall include, but not be limited to:

i) The surveyed location (to the nearest 0.1 m) and level (to the nearest 0.01 m) of the discharge structure, with co-ordinates expressed in terms of NZTM and LlNZ datum;

ii) Location, dimensions and levels of any major overland flowpaths including cross sections and long sections;

iii) Documentation of any discrepancies between the design plans and the As-Built plans.

Operation and maintenance

53. An Operation and Maintenance Plan for the stormwater management system shall be submitted to the Team Leader - Stormwater, Natural Resources and Specialist Input within 30 days of completion of the installation of the stormwater works set out in Condition 47 of this consent.

This plan shall set out how the stormwater management system is to be operated and maintained to ensure adverse environmental effects are minimised. The plan shall include, but not be limited to:

i) A programme for regular maintenance and inspection of the stormwater management system;

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ii) A programme for the collection and disposal of debris and sediment collected by the stormwater management devices or practices;

iii) A programme for post storm inspection and maintenance; iv) General inspection checklists for all aspects of the stormwater

management system, including visual checks; v) A program for inspection and maintenance of vegetation

associated with the stormwater management devices; and vi) Details of who will hold responsibility for long-term maintenance

of the stormwater management system and the organisational structure which will support this process.

54. The stormwater management and treatment system shall be managed in accordance with the approved Operation and Maintenance Plan.

Maintenance report

55. Details of all inspections and maintenance for the stormwater management system for the preceding three years shall be retained and provided to the Team Leader - Stormwater, Natural Resources and Specialist Input on request.

56. The maintenance report shall include but not be limited to the following:

i) Details of who is responsible for maintenance of the stormwater management system and the organisational structure supporting this process;

ii) Details of any maintenance undertaken; and

iii) Details of what inspections were completed over the preceding twelve months.

Overland flowpaths

57. For stormwater flows in excess of the capacity of the primary drainage systems, overland flow paths shall be provided and maintained to allow surplus stormwater from critical storms (up to the 100 year Average Return Interval event), to discharge with the minimum of nuisance and damage.

58. Major secondary flow paths as shown on Engineering Drawing RC04 Rev 5 03/10/2014 shall be kept free from significant obstructions such as buildings and solid fences.

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Review condition

59. The conditions of this consent may be reviewed by the Auckland Council pursuant to Section 128 of the Resource Management Act 1991, (with the costs of the review process being borne by the consent holder), by giving notice pursuant to Section 129 of the Act, 5 years after the retail activities within Buildings 2-14 on RC03 Rev 10 (29/09/2014) are established on the site.

The purpose of the review is to deal with any adverse effect on the environment which may arise from the exercise of the consent or upon which the exercise of the consent may have an influence and which becomes apparent, or is found appropriate, to deal with at a later stage.

Traffic management review condition

60. Pursuant to section 128 of the Resource Management Act 1991, the conditions of this consent may be reviewed by the Auckland Council (at the consent holder's cost) by giving notice under section 129 of the Act within 6 months after the Council receives the report required by Condition 42. The purpose of the review is to address any adverse traffic effect identified in the report.

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