Conditions
Under sections 108 and 220 of the RMA, this consent is subject to the following conditions:
General Conditions
1.
The subdivision activity 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 R64558.
Report title and reference
Author
Rev
Application for resource consent pursuant
to Section 88 of the Resource
Management Act 1991: For Logan Gilbert
– A Countryside Living 2-Lot Subdivision
(TTR) at 763 Coatesville Riverhead
Highway, Albany; and referenced 33573
Kylie Brayshaw
(Principal
Planner) of Cato
Bolam
Consultants Ltd
16
2015
Stormwater
Neutrality
Report
and
supporting data found at Appendices ‘A to
G’ – L F gilbert: 763 Coatesville-Riverhead
Highway Coatesville, Auckland; and
referenced 33573
Stan Thompson
(Assistant
Engineer) of Cato
Bolam
Consultants Ltd
1 April 2015
Landscape & Visual Impact Assessment:
proposed subdivision at 763 CoatesvilleRiverhead Highway, Riverhead: prepared
for Logan Gilbert
Geraldine Bayly
of Kaipara Coast
Landscape
Architecture
3 June
2015
Geotechnical Investigation Report and Geoconsult
referenced GG555
Geotechnical
Consultants
Plan title and reference
Proposed Subdivision of Lot 1
181360, job no. 33573 and sheet S1
Author
DP Cato
Bolam
Consultants Ltd
Dated
April
7 May 2015
Rev
Dated
24/03/2015
All Charges Paid
2.
This consent (or any part thereof) shall not commence until such time as the following charges,
which are owing at the time the council's decision is notified, have been paid in full:
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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.
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 may be 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.
Consent lapse
4.
Under section 125 of the RMA, this consent lapses 5 years after the date it is granted unless:
(a)
The consent is given effect to before the end of that period by submitting a survey plan to
the Council for approval pursuant to section 223 of the RMA
(b)
an application is made and granted prior to the expiry of that period for a time extension.
The statutory considerations that apply to extensions are set out in section 125 of the
RMA.
Notification of commencement
5.
The Team Leader, Compliance Monitoring, Orewa, shall be notified at least seven (7) working
days prior to works commencing on the subject site.
Advice Note:
The above consent condition requires the consent holder to notify Council of their intention to
begin works a minimum of seven working days prior to commencement. Such notification should
be sent to the Orewa Compliance Administrator at
ResourceConsentAdmin@aucklandcouncil.govt.nz or 0800 4265169 to advise of the start of
works.
Transferable title rights
6.
All of the relevant conditions of consent R40000/A relating to the weed and pest management
and protection of natural areas for Transferable Titles Rights shall have been complied with and
a letter received from the holder of resource consent R40000/A, to the Council’s satisfaction,
advising that pursuant to Section 138 of the Act the consent has been surrendered in respect of
one lot on the scheme plan approved under R40000.
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Survey Plan Approval (s223) Conditions
7.
(conditions to be shown on survey title plan) Before the Council will approve the survey plan
pursuant to s.223 of the Act, the owner shall:
(a)
The consent holder shall provide council with the calculated area of the riparian margin to
be protected on Lot 2 as shown on the approved scheme plan referred to in condition 1
and as defined by survey.
(b)
The survey title plan shall show and identify the area of riparian margin to be protected as
“areas to be subject to land covenant”. The boundaries of the covenant must coincide with
the proposed fence line referred to in Condition 8(a).
(c)
The right of way and services easement labelled A is to be endorsed on a Memorandum
of Easements attached to the cadastral survey plan as a supporting document.
Section 224(c) Compliance Conditions
8.
(conditions to be carried out by developer) Before the Council will issue a certificate pursuant to
section 224(c) of the Act, the consent holder shall satisfy the following conditions at his/her/its
full cost:
Fencing
(a)
A permanent ungated continuous stock-proof fence, capable of preventing browsing or
other damage by farmed animals, shall be constructed around the perimeter of the riparian
margin to be protected on Lot 2. If the fencing is constructed after the survey title plan has
been approved under section 223, a certificate from a licensed cadastral surveyor shall be
provided to confirm that the fencing of is located on the covenant boundary.
(b)
The consent holder shall arrange with Council’s Team Leader, Northern Monitoring,
Orewa, to inspect the stock-proof fence which has been erected in accordance with
Condition 8(a).
Riparian planting
(c)
The consent holder shall submit to council’s Team Leader, Northern Monitoring, Orewa,
for approval, a Riparian Planting and Management Plan incorporating a Planting and
Maintenance Schedule for the planting within the riparian margin on Lot 2. The Riparian
Planting and Management Plan shall follow best practice methodology and have regard to
the native revegetation planting standards as set out in Rule 7.14.2.3 of the Auckland
Council District Plan (Rodney Section).
(d)
Once the Riparian Planting and Management Plan referred to in condition 8(c) has been
approved by council’s Team Leader, Northern Monitoring, Orewa, the consent holder shall
carry out riparian planting in accordance with the approved Riparian Planting and
Management Plan. Any weeds present in the riparian area shall be controlled prior to
planting. The advice note referred to in condition 8(f) details what ‘weed control’ means.
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Weed and pest animal control plan
(e)
Prior to commencement of any works, the consent holder shall submit a Weed and Pest
Animal Control Plan to Council’s Team Leader, Northern Monitoring, Orewa for approval.
This plan shall specify how existing weed populations and pest animals are to be
controlled within the covenanted area on an ongoing basis. Any chemical control to be
used must follow best practice methodology and be suitable for the purpose and the
environment in which it is to be used.
(f)
Once the Weed and Pest Animal Control Plan referred to in condition 8(e) has been
approved by Council’s Team Leader, Northern Monitoring, Orewa the consent holder shall
control all existing weed infestations and control all pest animals on Lot 2 in accordance
with, but not limited to, the approved Weed and Pest Animal Control Plan to the
satisfaction of Council’s Team Leader, Northern Monitoring, Orewa, prior to the issue of
s224(c) certificate.
Advice Note:
Weed Control means, that there are no mature, fruiting and / or flowering individuals of
weed species present within the covenant area and any weed species present are dead.
In addition there shall be no areas where weed species are smothering and / or out
competing native vegetation including suppressing the natural regeneration processes.
Control shall be demonstrated to the satisfaction of Council’s Team Leader, Compliance
Monitoring (Orewa) or similar position.
Completion report for planted area
(g)
All planting required to be undertaken on Lot 2 shall be undertaken and completed in
accordance with the approved Riparian Planting and Management Plan. Following
completion of the required planting in accordance with the approved Riparian Planting and
Management Plan the consent holder shall submit a completion report to Council’s Team
Leader, Northern Monitoring, Orewa for approval.
Ongoing maintenance and monitoring
(h)
Plant maintenance in accordance with the approved Riparian Planting and Management
Plan shall occur for at least five years or until 75% canopy closure has occurred and a
minimum survival rate of the plants (being 90% of the original density through the entire
planting area) has been achieved. The five year period shall commence once the
completion report has been approved by Council in accordance with Condition 8(g).
Plant maintenance includes the ongoing replacement of plants that do not survive. All
invasive weeds and animal pests shall be controlled in accordance with the Weed and
Pest Control Plan both at the time of initial planting and any replacement planting if
required and on an ongoing basis.
Advice Note:
The five year period can only commence once all planting, weed control and initial pest
animal control has been completed to the satisfaction of Team Leader, Northern
Monitoring, Orewa.
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Bond
(i)
Once Council has approved the completion report referred to in Condition 8(g) the
consent holder may enter into a surety bond of a sum calculated to be 1.5 times, the cost
of maintenance and 10% the cost of planting or $3500 per hectare (whichever is the
greater sum) to allow the early release of s.224(c) Certificate. The value of this bond shall
be to the satisfaction of the Council’s Team Leader, Northern Monitoring, Orewa. The
purpose of the bond is to ensure a minimum survival rate of the plants to 90% of the
original density and 75% canopy closure through the entire planting area.
Monitoring reports
(j)
The consent holder shall submit a Monitoring Report to Council’s Team Leader, Northern
Monitoring, Orewa for approval 6 monthly for the first 18 months then annually thereafter
for the remaining period to make up a total minimum period of five years. The Monitoring
Report shall include but is not be limited to the following information in respect of each lot:
1.
Success rates, including growth rates and number of plants lost (including an
analysis of the distribution of losses);
2.
Canopy closure, beginnings of natural ecological processes - natural regeneration in
understorey, use by native birds;
3.
A running record of fertilisation, animal and weed pest control and replacement of
dead plants;
4.
Details on the condition of, and recommendations for maintenance of, the fencing.
5.
Recommendations for replacement of dead plants and implementation of these
recommendations (remediation work). Any recommended remediation work shall
include a start date for replanting.
If remediation work is recommended, the consent holder shall:
1.
Undertake this remediation work within six months from the start date.
2.
Provide Council with a report confirming the remediation work has been undertaken.
This report shall be submitted to Council’s Team Leader, Northern Monitoring,
Orewa within 6 months after the remediation work has been undertaken.
Fixing of building site
(k)
Two copies of a plan certified and dated by Geoconsult fixing the location and size of the
identified building site on Lot 2 by offsets from surveyed boundary pegs are to be provided
to the Consents Engineer.
Provide for electric power
(l)
Written confirmation shall be provided from the electricity network supplier responsible for
the area, that provision of an electric supply has been made available to all saleable lots
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created and that all the network supplier’s requirements for making such means of supply
available have been met.
Provide for telephone
(m)
Written confirmation shall be provided from the telecommunications network supplier
responsible for the area, that provision of telephone services has been made available to
all saleable lots created and that all the network supplier’s requirements for making such
services available have been met.
Fees
(n)
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
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.
Consent Notices
9.
The following conditions of consent shall be complied with on a continuing basis by the consent
holder (which includes the subdividing owner and subsequent owners) and shall be recorded in
a consent notice issued pursuant to s221 of the Resource Management Act 1991 registered on
the title where the area of riparian margin to be protected have been identified:
Riparian margin protection
(a)
The areas of riparian margin to be protected on Lot 2 identified by survey shall be
protected in perpetuity to the satisfaction of the Council’s Team Leader, Northern
Monitoring, Orewa.
The owners or their successors in title of Lot 2 shall:
i)
Preserve the native vegetation, wildlife habitats and the natural landscape;
ii)
Maintain any stock crossings and/or fish passage(s) in accordance with any
easement(s) through the covenant areas;
iii)
Not (without the prior written consent of the council and then only in strict
compliance with any conditions imposed by the council) cut down, damage or
destroy, or permit the cutting down, damage or destruction of the vegetation or
wildlife habitats within the protected areas;
iv)
Not do anything that would prejudice the health or ecological value of the areas of
riparian margin to be protected, their long term viability and/or sustainability;
v)
Control all invasive plants and control pest animals within the areas of riparian
margin to be protected, in accordance with the approved Weed and Pest Control
Plan;
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Advice Note:
Weed Control means, that there are no mature, fruiting and / or flowering individuals
of weed species present within the covenant area and any weed species present are
dead. In addition there shall be no areas where weed species are smothering and /
or out competing native vegetation including suppressing the natural regeneration
processes. Control shall be demonstrated to the satisfaction of council’s Team
Leader, Compliance Monitoring (Orewa) or similar position.
vi)
Maintain an ungated stock-proof fence as approved by the council around the
perimeter of the covenant areas to be protected on Lot 2 and keep animals out of
these areas.
Landscape planting
(b)
Prior to issuing of building consents for any buildings including dwellings on Lot 2, a
landscaping planting plan and maintenance schedule for the planting on Lot 2 shall be
submitted for approval by council’s Team Leader, Compliance Monitoring (Orewa). The
planting plan is to demonstrate suitable landscaping (species, spacing and height of
planting) are to include the following recommendations as specified in the Landscape and
Visual Impact Assessment prepared by Kaipara Coast Landscape Architecture and dated
3 June 2015.
(i) A planting strip of at least one metre to be located around at least 70% of the
sloping periphery of the western boundary of the building platform (facing the
Coatesville Riverhead Highway) and wrapping around the western side of the
southern boundary and western side of the northern boundaries by at least 15
metres.
(ii) Planting to screen any infrastructure such as water tanks and septic tanks when
viewed from Coatesville Riverhead Highway
All planting required by the landscaping plan above shall be completed prior to completion
of buildings including dwellings on Lot 2. The planting shall be maintained for as long as
the buildings that is being screened remains in existence, to the specifications set out in
maintenance schedule for the planting, and to the satisfaction of the Council’s Team
Leader, Compliance Monitoring (Orewa).
Building restrictions
(c)
Any buildings erected on Lot 2 identified on the plan prepared by Cato Bolam Consultants,
Job No.33573, dated: 24/03/2015, shall be subject to the requirements of the report
prepared by ‘Geoconsult Geotechnical Consultants’, reference GG555, dated 7th May
2015, and any subsequent reports. Copies of the said plan and report(s) will be held at
the offices of the Council, Centreway Road, Orewa.
(d)
Any buildings erected on Lot 2 identified on the plan prepared by Cato Bolam Consultants,
Job No.33573, dated: 24/03/2015, on other than the identified building sites shall be
subject to specific investigation and design by a Chartered Professional Engineer
experienced in geomechanics who is to have particular regard to the stability of the soils at
the site, and also have regard to the report prepared by ‘Geoconsult Geotechnical
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Consultants’, reference GG555, dated 7th May 2015, and any subsequent reports.
Copies of the said plan and report(s) will be held at the offices of the Council, Centreway
Road, Orewa.
Note: Reports and limitations on the land regarding any features or characteristics of the
land or works on the land, whether the subject of specific encumbrances on the land or not
shall be discoverable as part of the Council’s records.
Building restrictions - stormwater
(e)
All stormwater from buildings and paved areas on Lot 2 shall be collected and disposed of
in accordance with the report prepared by ‘Cato Bolam Consultants’, reference 33573,
dated 1st April 2015. The collection and disposal system shall be installed in conjunction
with the erection of any buildings and shall thereafter be maintained to the specified
capacity and standard in perpetuity.
(f)
The maximum impermeable area on Lot 2 shall not exceed 700 square metres, unless a
specific design for stormwater disposal is prepared by a Chartered Professional Engineer
in terms of the requirements of the document “Management of Stormwater in Countryside
Living (Rural and Town) Zones - A Toolbox of Methods” and approved in writing by the
Consents Engineer. Copies of the said report and document are held at the offices of the
Council, Centreway Road, Orewa.
Firefighting provisions
(b)
If the water supply is to be provided by way of tank storage, the tanks shall be located a
safe distance away from any habitable dwelling in accordance with NZFS Fire Fighting
Water Supplies Code of Practice SNZ PAS 4509:2008 and fitted with a 100mm female
round thread suction hose adaptor in accordance with the NZFS Specification for
Firefighting Waterway Equipment SNZ PAS 4505:2007.
Monitoring Charges
(c)
The respective owners of lots 1 and 2 shall pay the Council 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.
(d)
Such charge/s shall be paid as part of the resource consent fee and 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.
Advice notes
1.
Please read the conditions of this resource consent carefully and make sure that you
understand all the conditions that have been imposed before commencing the development.
2.
This resource consent will lapse 5 years after the date of Council’s decision unless:
(a)
it is given effect to before the end of that period by submitting a survey plan to the Council
for approval pursuant to section 223 of the RMA.
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(b)
an application is made and granted prior to the expiry of that period for a time extension.
The statutory considerations that apply to extensions are set out in section 125 of the
RMA.
N.B – all charges owing at the time council’s decision is notified must be paid before a consent
can commence.
3.
The consent holder shall obtain all other necessary consents and permits, including those under
the Building Act 2004, and the Heritage NZ Pouhere Taonga Act 2014. This consent does not
remove the need to comply with all other applicable Acts (including the Property Law Act 2007),
regulations, relevant Bylaws, and rules of law. This consent does not constitute building
consent approval. Please check whether a building consent is required under the Building Act
2004. Please note that the approval of this resource consent, including consent conditions
specified above, may affect a previously issued building consent for the same project, in which
case a new building consent may be required.
4.
A copy of this consent should be held on site at all times during the establishment and
construction phase of the activity. The consent holder is requested to notify Council, in writing,
of their intention to begin works, a minimum of seven days prior to commencement. Such
notification should be sent to the Resource Consents Compliance Administrator, Orewa Service
Centre and include the following details:




name and telephone number of the project manager and the site owner;
site address to which the consent relates;
activity to which the consent relates; and
expected duration of works.
5.
The granting of this resource consent does not in any way allow the applicant to enter and
construct drainage within neighbouring property, without first obtaining the agreement of all
owners and occupiers of said land to undertake the proposed works. Any negotiation or
agreement is the full responsibility of the applicant, and is a private agreement that does not
involve Council. Should any disputes arise between the private parties, these are civil matters
which can be taken to independent mediation or disputes tribunal for resolution. It is
recommended that the private agreement be legally documented to avoid disputes arising. To
obtain sign-off for the resource consent, the services described by the conditions above are
required to be in place to the satisfaction of Council.
6.
Compliance with the consent conditions will be monitored by council (in accordance with section
35(d) of the RMA). 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. Only after all conditions of the resource consent have been met, will
council issue a letter on request of the consent holder.
7.
Ongoing inspections of the covenanted area will be carried out from time to time by council
ecologists, in accordance with Condition 9 the consent notice. These inspections will assess
how the covenant is being managed and if the consent condition is complied with. A report will
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be produced for the landowner to assist them in the management of the covenant. The
inspections are charged at a rate in accordance with the council’s schedule of fees.
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