APPLICATION MATERIAL
25 PURIRI ROAD, PUKEKOHE
LEARNING HOUSES AND KIDS COUNT LTD
COMMISSIONERS
Chairperson
Commissioner
Justine Bray
Pamela Peters
Sanjana France
DEMOCRACY ADVISOR HEARINGS
Telephone: 09 890 2102 or 021 858 737
Email: sanjana.france@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
135 Albert Street | Private Bag 92300, Auckland 1142 | aucklandcouncil.govt.nz | Ph 09 301 0101
APPLICATION BY LEARNING HOUSES AND KIDS COUNT LIMITED
TABLE OF CONTENTS
PAGE NO.
Attachment 1
Landuse & ALW Application Forms
Attachment 2
AEE Childcare & Adult Education
Attachment 3
Acoustic Report
Attachment 4
Example of Acoustic Compliance
111 - 116
Attachment 5
Traffic Report
117 - 134
Attachment 6
Operator Supporting Information
135 - 150
Attachment 7
Consultation Documents
151 - 160
Attachment 8
Engineering Report
161 - 194
Attachment 9
Application Plans
195 - 222
Attachment 10
Neighbours Consent 1
223 - 308
Attachment 11
Neighbours Consent 2
309 - 406
3 - 16
17 - 74
75 - 110
135 Albert Street | Private Bag 92300, Auckland 1142 | aucklandcouncil.govt.nz | Ph 09 301 0101
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Assessment of Environmental Effects Report
Applicant:
Learning Houses and Kids Count Ltd
Proposal:
Establish and Operate of Childcare
Centre and ancillary Adult Education
Facility.
Address:
25 Puriri Road, Pukekohe
Legal description:
Lot 1, DP 209479
Zoning:
ACDP
(Franklin Section)
Residential zone
PAUP
Mixed Housing Suburban
Limitations:
ACDP
(Franklin Section)
nil
PAUP
Natural Resource:
Aquifer - Pukekohe Kaawa
Aquifer - Pukekohe Central
Aquifer - Pukekohe Central Volcanic
Service Address
Steven Dietsch
Telephone
Mobile
e-mail:
Postal:
4145229
0274 777788
plandemonium@xtra.co.nz
6 Wharepapa Place
Albany 0632
17
Assessment of Effects
1.0
Proposal
1.1
Resource consent is sought to establish and operate a childcare centre
and ancillary adult education facility at 25 Puriri Road, Pukekohe.
1.2
The applicant is a very experienced operator of child care centres, some
of which include adult education facilities. They have obtained resource
consent and operated such activities within established residential areas
throughout Auckland and in particular in South Auckland for over 6 years.
Their centres are held in high regard by the Ministry of Education and are
regularly recognised as facilities which excel in the way they are managed
and the service they deliver to the community. For example the Marne
Road Childcare Centre was assessed in the top 5% of Early Child
Education Centres by the Educational Review office in only its second
year of operation.
The applicant is very familiar with the actual effects their activities have on
the neighbourhood and occasionally encounters reservations held by
some neighbours. Without exception once consent has been granted and
the activity established the neighbours have found their reservations were
unwarranted.
The applicant has used the same experts to quantify the likely effects of
their activities on the environment. It is not unusual for the Council when
granting resource consent to require acoustic levels predicted in the
application to be proven. Without exception all predicted acoustic levels
have been proven correct (for example see the attached letter from Styles
Group dated 13 May, 2015). Given the conservative approach adopted by
Styles Group, in some instances the actual measured levels of established
centres have been lower than predicted, for example the Kelvin Road
Childcare Centre averaged 2 – 3 dB lower than the predicted levels. The
Kelvin Road Childcare Centre accommodates 100 children with a 600m2
outdoor recreation area and uncovered swimming pool, compared with the
150 children proposed here, with an outdoor recreation area of
approximately 3000m2 and a covered swimming pool. The Kelvin Road
centre was surveyed on a sunny day when use of the outdoor activity
areas and swimming pool were maximised.
None of the approved centres have resulted in parking, access and road
capacity issues.
18
-2Council staff are encouraged to make arrangements with the applicant to
visit any of their Childcare Centres which have an Adult Education Facility
attached to assist them in gauging the actual effects these facilities have
on the environment and adjoining sites.
1.3
This centre is to accommodate 150 children (30 children under 2 years
and 120 children 3 – 5 years old) in the existing buildings (which require
minor alterations) plus a new build (see drawing A0-05A). The Adult
Education Facility is to be established within the existing western shed
(Plan A0-04A). The internal layout is to be altered as shown on Plan A402.
In addition a swimming pool is proposed north of the existing sleep out
(see drawing A0-07 and A3-06). A 2.0m high acoustic fence is to be
erected about site boundaries.
This will be a sessional childcare centre, operating weekdays only. Staff
will be on site from 7:00am – 6:00pm, with the sessions occurring between
7:30am – 5:30pm.
Existing House
The existing house is modified as shown on Plan A1-04. In summary:
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The existing garage is converted to a classroom, the roller door
replaced with glazing and toilets added.
Mobility access is provided to the main entry and eastern deck
(providing mobility access to the existing living room which is to be
converted into a classroom).
The space between the existing bathroom and garage is in-filled to
provide a manager’s office.
The space between the existing kitchen and bedroom 3 is in-filled to
provide a further classroom.
The existing bathroom is converted to an office and the ensuite
modified for multiple toilet use.
Glazed access is provided from ex-bedroom 1 to the courtyard.
The design and materiality of the alterations match the existing house (see
elevations, Plan A1-05 and 06).
The altered house fully complies with all development control rules.
19
-3The house will be used for the over 2 year olds, who will the small
variations in the floor levels exciting and interesting, and also provides
offices for the administration of the centre.
Existing Sleep-out and Shed
The existing sleep-out is converted to a self-contained unit (see Plan A304) to accommodate the caretaker. This building is internally refurbished
but, apart from some alteration to the glazing, is not changed externally.
The attached storage shed will continue to be used for storage.
Pool
A swimming pool is also to be constructed (see Plans A0-05A and A3-06),
attached to the existing sleep-out and shed. The pool building is
residential in scale, and its design and materiality complement the sleepout and shed.
This pool will be used as a learning facility (water confidence, swimming)
and not for general play / recreation. It will not be open to the public.
Operationally the pool requires one supervising staff member for every 4
children. It is 700mm deep.
Existing Shed (northeastern corner)
The existing northeastern corner shed is to be lined, insulated and
internally partitioned (see Plan A4-02), with toilets installed. Externally the
only alteration is the replacement of the roller doors with residential scale
glazing and sliding glass doors.
New Building
A new building (see Plan A2-01) is proposed for the under-two’s, located
south of the existing house and 6.5m north of the southern boundary.
This building is single level with sloping roof plains which visually presents
as residential in character, and is sympathetically designed to complement
the existing house in terms of scale and materiality. This new building
complies with all development control rules. The southern wall has only
high-sill windows which provide light to the staffroom, kitchen and sleeping
room.
20
-4Fencing
A 2.0m high acoustic fence is to be erect about the site boundaries. The
northern Merlot Lane sites are elevated above the application site by
600mm – 1.5m (see photograph 1). While the fence is 2m above the
ground level of the Merlot Lane sites, from the application site the
combined height of the fence and retaining wall will vary between 2.6m 3.0m.
Photograph 1
21
-5Parking
Two way vehicle access is provided within the entrance strip, together with
landscaping and a separate footpath (see Plan A0-05B).
A new car park for 39 vehicles (inclusive of 3 mobility card holder parking
spaces) is located in the south-western corner of the site (See Plan A0-06
dated 23 July 2015). The stacked parking spaces (including one mobility
card holder parking space) is to be used by staff.
A wider landscape strip is provided about the car park (see Plan A0-05A).
Vegetation
The following trees are to be removed (refer Plan A0-04A);
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A group of 4 Pohutukawa in the southwestern corner.
A young Totara adjacent the common boundary of 9 & 11 Settlers
Way.
A gum tree adjacent the common boundary with 11 & 15B Settlers
Way.
Two maple trees and a conifer at the entry to the site
The southern boundary accessway hedge
The marocarpa along the western boundary
The existing vegetation on both side of the accessway are to be replaced
with an appropriate species.
The removal of these trees does not require resource consent.
22
-62.0
Site and Locality
2.1
This 6738m2 rear ‘pan-handle’ shaped site is served by a 7.01m wide
entrance strip. The vehicle entrance is fenced on the southern side (until
and including 15B Shannon Grove Way) with a close board timber screen
fence generally 1.8m high. The opposite side is demarcated with a post
and wire fence.
The site is reasonably flat and contains a number of trees located about its
periphery (see Plan A0-04A). The trees are not protected.
The existing single level residence sits centrally on the site with an
existing sleep-out / storage shed and separate shed located in the northwestern corner of the site.
A formed vehicle access, located adjacent the sites south-eastern
boundary, serves both the house and other out-buildings.
2.2
The residential zoned locality is fully developed. The style of development
is single residences, located on individual sites.
23
-7-
The site adjoins comparatively recent medium density residential
developments to the north (Merlot Lane) and south (Shannon Grove Way
and Settlers Way).
The Merlot Lane sites have been elevated, with a retaining wall erected
abutting the common northwestern boundary. A wooden screen fence sits
on top of this retaining wall. The Merlot Lane buildings are mostly single
level with some two level buildings located towards the southwestern end
Merlot Lane.
The other adjoining sites accommodate single level residences
constructed generally at grade with the application site, with for the most
part little screening about the site boundaries. A timber screen fence is
erected on the southeastern side of the access, ending adjacent 15B
Shannon Grove Way.
The two residences to the northeast (towards Puriri Road) are older single
lot residents developments, while to the southwest is a large parcel of land
zoned rural. This site (and one removed) is the special housing area
referred to as the ‘Belmont Area’.
24
-8Development has begun on this area and it is understood building sites
range from 200m2 – 400m2. This is also the area for the proposed new
Belmont Primary School.
This site currently accommodates a single residence and storage
buildings, located approximately 14m from the northwestern corner of the
site.
3.0
Reason for Resource Consent
3.1
Operative District Plan
3.1.1 Rule 27.1 provides for ‘Childcare and Learning Centres’ meeting
prerequisite standards (not on a rear sites, not to have access to a no-exit
road, and buildings are not to exceed 200m2 gross floor area) to be
considered as a permitted activity.
The proposed activity is located on a rear site and the buildings total
963m2. Puriri Road is a ‘through’ road.
Rule 27.3 provides for activities provided for in Rule 27.1, but where the
prerequisite standards cannot be met they are to be considered as a
Restricted Discretionary Activity.
3.1.2 Adult Education is a free option, extended to parents of children enrolled
at the childcare centre. The childcare centre and adult education service
are modelled on existing facilities at Marne Road and Kelvin Road in
Papakura. The adult education facility will only operate within the core
hours of the Childcare Centre, but outside peak arrival and departure
times.
The objective of the adult education programme is to develop confident
and competent parents. Adults are offered a 3 phase programme (SelfAwareness and Self Management, Parenting, and Household
Management). In addition visiting specialist presenters introduce
participants in the programme to a variety of topics such as heart disease,
mental well-being, diabetes, budgetary advice and the like.
The Adult Education facility falls within the definition of a ‘Community
Facility’, which is defined as:
25
-9COMMUNITY FACILITY means any land and/or BUILDING/s
operated by an organisation for purposes other than financial
reward or profit. (This does not preclude ancillary fund-raising
activities provided they are not continual). COMMUNITY FACILITY
includes, citizen advice bureaux, libraries, legal aid offices,
churches, halls, rooms for scouting groups and the like, sports
clubs, public toilets, plunket rooms and rooms where information,
counselling, advice or other like assistance conducive to people's
welfare is provided, but does not include the holding of a LIQUOR
LICENCE under the Sale of Liquor Act 1989.
Community Facilities are provided in the zone as a permitted activity, in
the following terms:

COMMUNITY
prerequisites:
FACILITIES
meeting
all
of
the
following
- not on a REAR SITE/S;
- not with the main vehicular access to a no-exit ROAD;
- not exceeding 250m2 total GROSS FLOOR AREA;
- not exceeding 2000m2 site area.
As with the ‘Childcare and Learning Centre’, where these prerequisite
standards are not meet, Rule 27.3 provides for this activity to be
considered as a Restricted Discretionary Activity.
This is a rear site; the site has access to a ‘through’ road; the Adult
Education Facility building is 148.8m2 in area; and the site is 6,738m2.
Due to this being a rear site which is larger than 2,000m 2, the Community
Facility (Adult Education Facility) must be considered as a Restricted
Discretionary activity.
3.1.3 A 2.0m high acoustic fence is proposed about the sites boundaries. The
definition of ‘Building’ (Part 50) excludes a fence or wall less than 2.0m in
height, measured above natural ground level.
Along the northwestern (Merlot Lane) boundary the 2.0m high acoustic
fence is to be mounted on the existing approved retaining wall (see
photograph 1), which varies in height between 400mm – 1.5m. As a
consequence the combined height of the acoustic fence and retaining wall
will be 2.4m – 3.5m. The combined height only exceeds 3.0m along the
common boundary with 17 Merlot Lane.
26
-10Measured from the Merlot Lane sites, the acoustic fence will be 2.0m
above their ground level.
As the combined height of the retaining wall and acoustic fence exceeds
2.0m, it must be assessed as a ‘Building’ and comply with the Standards
of Rule 27.6. With the exception of that part of the common boundary
shared with 17 Merlot Lane, the combined retaining wall and acoustic
fence complies with Rule 27.6.1.3 ‘Height in Relation to Boundary’.
The extent of the Height in Relation to Boundary infringement relative to
17 Merlot Lane is 0.5m vertical for more or less the entire 14.4m length of
the boundary.
Rule 27.6.1.1 Yards requires buildings to have a 1.0m setback. The
combined height of the acoustic fence and retaining wall abutting the
Merlot Lane sites infringes this rule.
Restricted Discretionary consent is required for this Yard and Height in
Relation to Boundary infringement (second bullet point, Rule 27.3).
3.1.4 Rule 27.6.1.15 Noise Level requires the noise profile of the Childcare
Centre and Adult Education Facility not to exceed 45 dBA L10 (75 dBA
Lmax). The acoustic report predicts the following acoustic levels for
adjoining sites:
Address
Predicted Acoustic level (LA10 dB)
25A Puriri Road
31 Puriri Road
31A Puriri Road
33A Puriri Road
35 Puriri Road
37 Puriri Road
Complies
Complies
Complies
Complies
55 (first floor), 50 (Ground floor)
50
9 Merlot Lane
11 Merlot Lane
13 Merlot Lane
15 Merlot Lane
Complies
50
50
55 (Upper façade level),
50 (outdoor living area)
55 (Upper façade level)
50 (outdoor living area)
55 (Upper façade level)
50 (outdoor living area)
17 Merlot Lane
19 Merlot Lane
27
Address
Predicted Acoustic level (LA10 dB)
21 Merlot Lane
23 Merlot Lane
50 (First Floor only, ground floor complies)
50 (First Floor only, ground floor complies)
185 Jutland Road
Complies
1 Settlers Way
9 Settlers Way
11 Settlers Way
Complies
Complies
50
15B Shannon Grove Way
17A Shannon Grove Way
17B Shannon Grove Way
55
Complies
Complies

The table at page 10 of the acoustic report incorrectly identifies 15B & 17B Shannon
Grove as 15B & 17B Puriri Road
Complies
Infringes
Infringes / written consent
28
-12The Adult Education Facility will generate no noise audible outside the
building.
An acoustic level for all non-adjoining sites complies with the district plan
noise rule.
Restricted Discretionary activity consideration is required for activities
which exceed the acoustic levels of Rule 27.6.1.15 (second bullet point,
Rule 27.3).
3.1.5 Rule 27.6.1.8 Parking and Manoeuvring / Rule 51.1.2 and Table 51A
requires 37 parking spaces for the Childcare Centre and 7 parking spaces
for the Adult Education Facility. While 39 parking spaces are proposed, 10
of these spaces adjacent the southwestern boundary are ‘stacked’. These
stacked parking spaces are for the use of staff only.
There is a parking shortfall of 5 parking spaces when the Adult Education
Facility is operating.
The first bullet point of Rule 51.1.6 requires that all parking spaces have
access to the road.
Pursuant to Provision 51.1.1 this parking shortfall and stacked vehicle
parking arrangement requires consideration as a Restricted
Discretionary activity, assessed in terms of the criteria relevant to the
zone.
3.1.6 The earthworks amount to a site scrap to form the car park, floor for the
new classroom and pool buildings, car park / drive formation, and other
minor alterations, and a 26m2 excavation for the pool.
The volume of earthworks is less than 100m3 but the total earthworks area
is approximately 1,750m2.
Pursuant to Provision 15.5.2 ii, these earthworks require consideration as
a Restricted Discretionary activity.
In terms of the PAUP (H.4.2.1), earthworks 1,001m2 or more but less than
2,500m2 and 1,001m3 or more but less than 2,500m3 require consideration
as a Restricted Discretionary activity.
29
-133.2
Auckland Regional Plan: Air, Land and Water
3.2.1 The total amount of new impervious area is 2,586m 2. Stormwater
discharges from impervious areas (other than those existing as of 23
October, 2001) which are greater than 1,000m 2 but less than or equal to
5,000m2, require Controlled Activity consent (ALW Plan, Rule 5.5.2). All
standards and terms are complied with.
3.3
PAUP
3.3.1 The uncovered car park and vehicle access is 1065.11m 2 in area.
Stormwater from this area is to be treated before being discharged. Rule
3H.4.14.3.1 provides for uncovered parking, including access, exceeding
1,000m2 not located in the Industrial or Trade Activity area to be
considered as a Restricted Discretionary activity.
3.4
I conclude this application is to be considered as a Restricted
Discretionary activity.
4.0
Statutory Provisions
4.1
When considering a Restricted Discretionary activity under section
104C, a consent authority must only consider those matters over which it
has restricted its exercise of discretion.
5.0
Notification (Section 95)
5.1
The Resource Management Act adopts the premises that all resource
consent applications will be dealt with on a non-notified basis, with the
default position of notification. Notification of an application is at the
discretion of the consent authority.
5.2
An application must be publicly notified primarily if the consent authority
decides that the activity will have or is likely to have more than minor
adverse effects on the environment, or if ‘special circumstances’ apply.
That is circumstances which are unusual or exceptional, but less than
extraordinary or unique.
5.3
When considering the adverse affects on the environment, potential
effects on the owner or occupier of the application site and adjacent land
must be disregarded.
30
-145.4
If full public notification is not required then a consent authority must
determine if there are any adversely affected persons.
A person is adversely affected if the consent authority determines that the
adverse effects of the activity on them are minor or more than minor. If a
person will be affected to a minor or more than minor extent, unless the
written consent of that person has been obtained the proposal must be
considered on a limited notified basis.
6.0
Effects on the Environment
6.1
Childcare Centre, Adult Education Facility, Yard, Height in Relation to
Boundary, Noise and Parking
6.1.1 Provision 27.8: Assessment of Restricted Discretionary Activities
a. Matters set out in Rule 27.7 B

Effect on Public Services
Comment
The reasons for which consent is required makes no quantifiable
additional demand on public services (roads, stormwater, wastewater,
water, reserves, libraries, community centres, and the like).
The activity will attract ‘light’ vehicles (not trucks) which will not cause
roads to deteriorate and require premature maintenance. The local road
network will continue to function safely and efficiently (see traffic report).
Existing infrastructural services have adequate capacity to cater for the
small additional demands of the activity. I note this demand occurs
weekdays outside of peak demand times when excess capacity in these
services is at their greatest.
Attached is documentation from Moss Engineering Ltd which addresses
erosion control measures and stomrwater management issues.
A stormwater detention tank is to be installed which is designed to contain
a 20% AEP 10 minute storm event before overflowing to the public
stormwater system. The detention limits flows to pre-development levels.
31
-15The stormwater is treated to remove at least 75% of TCC before
discharging into the public stormwater system.
The activity does not rely on Council provided community services.
Neither the childcare centre nor the adult education facility places an
additional financial burden on the local economy or wider community.
Care has been taken to ensure the adult education programmes offered
do not duplicate other provider programmes.

The extent to which permitted activity standard are complied with.
Comment
As identified in paragraphs 3.3 – 3.5 above, the rules which are infringed
concern yard (northwestern boundary only), height in relation to boundary
(with 17 Merlot Lane only), noise (as listed in the table, paragraph 3.4
above) and parking.
Yard
While the combined height of the acoustic fence and retaining wall varies
between 2.4m – 3.5m as measured in accordance with the definition of
‘Height’ from natural ground level, in reality the combined height will be no
higher than 2.0m above the approved ground level of the Merlot Lane
sites. Their existing fences located on top of the retaining wall range in
height between 1.5m – 2.0m.
As viewed from these Merlot Lane sites there will be little change. These
sites will be provided with a new fence of a height envisaged by the district
plan when considered in terms of their site levels.
Height in Relation to Boundary (fence)
With regard to the height in relation to boundary infringement with 17
Merlot Lane, the new fence will still be 2.0m above their existing retained
ground level. The infringement arises because their site has been
elevated 1.5m above natural ground level. As a consequence the
‘technical’ infringement does not result in any different effect on this site as
provided for by the district plan. As viewed from their site the 2.0m high
acoustic fence will not result in any sense of physical domination or loss of
sunlight or daylight. I further note that these Merlot Lane sites are located
northwest of the application site, making it virtually impossible for the
proposed fence to shade these sites.
32
-16Noise
The acoustic report and follow up documents records that the adjoining
Merlot Lane and Puriri Road sites, together with 15B Shannon Grove and
11 Settlers Way, will experience acoustic levels higher than 45 dBA L10 for
some periods of the day, Monday – Friday between 7:30am – 5:00pm.
For 21 and 23 Merlot Lane the infringement is only experience at first floor
level.
The effects of upper level opening windows is discussed in the attached
memo from Christian Vossart of Styles Group dated 30 September, 2015.
In their acoustic report, Styles Group considers the level of noise exposure
is reasonable given the limited duration this particular activity will operate.
This approach is consistent with the approach taken by the Council,
represented by Styles Group, in its evidence on acoustic levels presented
to the Independent Hearings Panel. Tony Reidy, Team Leader Unitary
Plan Team, has confirmed the Council position which is to support a
PAUP acoustic level of 55 dB for childcare centres. This approach has
also been supported by a number of acoustic experts who have appeared
before the hearings panel. No evidence was presented to the panel
opposing this viewpoint.
Styles Group further note this level of environmental noise exposure falls
within the recommended limits of the 1991 and 2008 versions of
NZS6802, the World Health Organisation’s guidelines for Community
Noise and, while placing no weight on this provision, the PAUP acoustic
rules for permitted activities in the residential zones.
The upper levels of the Merlot Lane houses are essentially bedrooms.
These rooms tend to be used in the evenings when the childcare centre is
closed.
The main recreation time in the residential zones is weekends and after
working hours. At these times the childcare centre and adult education
facility are closed. Children recreation time includes these times as well as
after school hours. It would be unusual for child recreation to require quiet.
Styles Group concludes that, with the inclusion of the offered consent
conditions, that the noise emission for the childcare centre will be
‘reasonable’ (in terms of section 16 of the RMA) and the degree of
adverse effect less than minor at any surrounding residential site.
33
-17They also confirm the adult education centre will comply with district plan
noise limits.
The attached advice dated 26 August, 2015 from Christian Vossart of
Styles Group (final page) addresses the issue of traffic generation noise.
Mr Vossart states:
On this occasion I consider the type of noise (i.e. road traffic and
children) is in keeping with a residential acoustic environment and
that the levels of noise are in themselves reasonable in terms of
s16 of the Act, particularly in consideration that there will be no
noise from the centre during the evening, at weekends or Public
Holidays.
Parking
The adult education facility will only operate within the core hours of the
Childcare Centre, but outside peak arrival and departure times. Based on
the experience from the other centres which have adult education facilities
(for example the Kelvin Road Childcare Centre) it can be proven that by
operating the facility within the hours of 8:30am – 11:30am and 1:00pm –
4:30pm, sufficient parking will be available on site to accommodate the
activity, and conflicts with sessional traffic peaks are avoided. This is not a
high traffic generating activity. No noise, outdoor lighting or health and
safety risks are associated with the adult education facility.
With regard to on-site reverse manoeuvring, the 10 parking spaces
adjoining the southwestern boundary will not have direct access to the
road at all times.
Staff will arrive first to open the centre and prepare for the day. During the
sessional start and completion times when children are delivered and
picked up, these parking spaces become ‘stacked’ and will not have direct
access to the road. Outside these times most of these un-stacked parking
spaces are available for use by the Adult Education Facility
As these parking spaces are for staff use only, the stacking of these
parking spaces will not inconvenience staff who are required to be on site
throughout the day.
With regard to stack parking for mobility card holders, the traffic engineer
has provided the following comments:
34
-18With a total of 39 parking spaces provided there is a requirement
for two of those spaces to be accessible. (District Plan Rule
51.1.3). As a result the plan shows one more accessible space
than required. My recommendation is to leave parking space #14 at
the width shown but for that space to have no special markings. In
the event that a staff member requires an accessible parking space
they could be allocated space #14 (with a small sign erected if
needed), or if no staff member requires an accessible space then
space #14 could be used by any staff member.
In either case space #28 could be used by a parent/ care-giver needing
an accessible parking space with no significant impediment in
operation to the driver using either space #14 or #28.

The design and positioning of buildings
Comment
The only building which requires resource consent is the fence which is
discussed above.
Construction details of the acoustic fence are attached as Figure 1 to the
acoustic report and are reproduced below.
The acoustic fence is visually identical to the majority of close boarded
timber screen fences typical throughout residential neighbourhoods. The
difference is not in their visual appearance but in its method of
construction. An acoustic fence is constructed in a manner which ensures
no gaps appear over time as the wooden materials dry.
A 2m high close boarded timber screen fence is the acceptable standard
put in place by the district plan. Any owner may choose a different type of
fence, such as a 1.7m high close boarded timber screen fence topped with
a 300mm lattice. An adjoining neighbour may prefer a 2m high close
boarded timber screen fence and erect that abutting the 1.7m high fence
topped with a lattice. This is provided for by the district plan as a permitted
activity.
35
-19-
In recognition of this ‘reality’ the Court of Appeal found (Queentown Lakes
DC v Hawthorn) that, when considering effects on the environment ‘it is
permissible, and will often be desirable or even necessary…to consider
the future state of the environment…’
The above comments notwithstanding, the visual character of the existing
fencing for the Merlot Lane sites will change, with the top 300mm of lattice
replaced with solid screen fencing.
36
-20-
Photograph 2
Photograph 3
I believe the effects of this change will be less than minor. The lattice
portion of the fence is narrow, while these two level Merlot Lane houses
rise above the fence. The gaps through the lattice are small, giving no
more than an ‘essence’ of visual permeability.
In addition mature landscaping on the application site, which is to be
retained, backs the fence and will continue to be visible above the
acoustic fence. If anything, removal of the lattice portion of the fence will
only remove views through the lattice from the Merlot Lane sites to the
application site.
The acoustic fence will enhance the privacy for the application site and
reduces the noise exposure for the Merlot Lane sites. Owing to the
orientation of the sites, the acoustic fence will reduce sunlight and daylight
access to the application site, while leaving the Merlot Lane sites
unaffected in this regard.

Space between and about buildings
Comment
Only the fence requires consideration as a Restricted Discretionary
activity. All other buildings are a permitted activity.

The location of the parking area and access
37
-21Comment
The parking area is located in the southwestern corner of the site, while
the access parallels the southeastern boundary.
Fencing and boundary landscaping will fully screen the parking area and
access from general view for adjoining sites.
The operation of the vehicle access and parking area complies with Rule
26.6.1.15 Noise Levels.
Notwithstanding the fence and landscaping, as the activity operates
essentially during daylight hours there will be no effects associated with
headlight glare.

Adequacy of vehicle crossings, access and parking.
Comment
The traffic report notes the access (including crossing) will operate safety
and efficiently without adversely affecting the local road network, while the
car park is designed in accordance with district plan rules.
With respect to the adult education facility, the activity will take place
within an existing building and will have no adverse effects on either the
environment or adjacent sites. The activity will take place within the hours
of 8:30am – 11:30am and 1:00pm – 4:30pm, which ensures there is
sufficient parking on site to accommodate the activity and avoid any
potential traffic conflicts with the sessional Childcare Facility.
The access, as it does for the childcare facility, will operate without
adversely affecting the safe and efficient operation of the local road
network, or its capacity.

Landscaping
Comment
Seven trees are to be removed to accommodate the vehicle access and
new building, while a small pohutukawa group is to be removed to enable
the car park to be formed. The removal of these trees may occur as of
right.
38
-22A landscape strip about the car park and adjacent the vehicle access has
been provided for planting.
As noted above the design and scale of the new buildings are ‘residential’,
and materially match existing buildings in the neighbourhood.
The majority of matures trees about the site are to be retained. The site
will remain extensively landscaped, with 3,821m2 (60%) in landscape
permeable area (see PlanA0-04A). All trees in the photographs below are
retained.
Photograph 4
39
-23Photograph 5

Areas for public or common use
Comment
Not applicable to this proposal

Effects of earthworks and vegetation clearance
Comment
As described above the earthworks are minimal, confined to ground
preparation for formation of the vehicle access and parking area,
foundations for the new buildings and the shallow excavation required for
the swimming pool. No retaining walls are required, the ground will not be
raised, and at the completion of the project ground levels will be virtually
identical to existing contours.
40
-24Vegetation clearance has been kept to a minimum in recognition of the
contribution the treed character of the site makes to the amenity of the
neighbourhood and the practical benefits mature trees provide to the
operation of a childcare centre.

Natural or Heritage Features
Comment
The site contains no natural or heritage features

Differences between the appearance of structures proposed and the
built environment
Comment
As previously noted the new buildings are of ‘residential’ design and scale,
built of materials which reflect and integrate with the existing environment.
The childcare centre buildings are all single level, as are houses in
Settlers Way and Shannon Grove Way. Houses at the southwestern end
of Merlot Lane are two level.
The existing house on the application site is 29.5m long and the new
classroom 25m long.
Houses at 9 – 11 Settlers Way and 15B Shannon Grove Way are 18m –
22.5m in length, and the attached houses in Merlot Lane 24m.
The acoustic boundary fencing adjoining all sites other than Merlot Lane is
a permitted activity.
The combined height of the existing retaining wall and acoustic fence on
the Merlot Lane common boundary varies in height from 2.6m – 3.0m.
This height will only be visible from the application site. For the Merlot
Lane sites the acoustic fence will appear as a 2.0m high complying fence,
virtually identical to the height of the current boundary fence (see
photographs 1 – 3 above). As such the proposed acoustic fence will not
physically dominate these sites.
Owing to the orientation of Merlot Lane, to the northwest of the application
site, replacing the existing fencing along this boundary with an acoustic
fence will not adversely affect sunlight or daylight access to these sites.
41
-25
Adequacy of outdoor living and service areas
Comment
The site resident has access to a complying 60m2 outdoor living court and
sufficient area about the unit to cater for their service needs. Outside the
operational hours of the childcare centre occupiers will have access to the
entire site.

Outdoor lighting
Comment
Not applicable to this proposal

Building use and best practicable option to avoid adverse effects
Comment
The buildings will only be used 7:00am – 6:00pm. The childcare ‘classes’
commences from 7:30am and ceases at 5:30pm. All childcare activities
are supervised.
The adult education facility operates 8:30am – 11:30am and 1:00pm –
4:30pm, which ensures there is sufficient parking on site to accommodate
the activity and potential traffic conflicts with the sessional Childcare
Facility is avoided.
The buildings have been designed to comply with all development control
rules and have been positioned to shield the outdoor play areas.
The access (which complies with the district plans acoustic standards) is
positioned between the boundary acoustic fence and the new building.
The site layout achieves the best practicable option and in doing so avoids
adverse effects.
42
-26
Stormwater
Comment
Stormwater is to be collected and piped to the existing infrastructure. This
aspect is covered fully in the attached documentation from Moss
Engineering Ltd
I note building coverage and sealed impervious area totals just 37% of the
site area.
b. Matters set out in Rule 27.8 B

Assessment Criteria 27.7
Comment
Refers to the assessment required under Provision 27.7 as completed
above.

Relevant Reasons and Explanations
Comment
Childcare Centre and Adult Education Facility
No explanation provided.
Yard
The explanation reads:
The REAR and SIDE YARD RULES are intended to provide
conventional separation between dwellings
Comment
The combined retaining wall and acoustic fence erected on the common
boundary with the Merlot Lane sites is no higher than 2.0m above the
retained ground level as measured from the Merlot Lane sites. It will not
appear as a ‘building’ when viewed from these sites, and is a replacement
fence very similar in height to the existing fence. It will form part of the
environment anticipated by the district plan.
43
-27The applicant accepts the retaining wall and acoustic fence will appear
higher as viewed from their site. It is screened by existing landscaping,
and the buildings on their site are generally well removed from the
retaining wall / fence.
Height in Relation to Boundary
The explanation reads:
This standard ensures that a building on one site does not unduly
restrict the admission of daylight or sunlight to an abutting property.
Sunlight and daylight are fundamental to living amenity, and can be
used in house designs to reduce reliance on reticulated energy
sources such as electricity and gas. The effectiveness of the standard
will depend on terrain and the orientation of sites. The standard also
maintains the character of residential streets by ensuring that the
building's bulk does not visually impose on the streetscape.
Comment
Only that portion of the combined retaining wall and acoustic fence
adjacent 17 Merlot Lane (which has a combined height of 3.5m) infringes
this rule. The infringement is 500mm high over the boundary length of
14.4m.
Measured from the existing (retained) ground level at 17 Merlot Lane the
fence complies with the height in relation to boundary rule by 1.0m.
Given the comparative height of the fence relative to the ground level at
17 Merlot Lane and the orientation of the site northwest of the acoustic
fence, it is not possible for the fence to restrict 17 Merlot Lanes access to
sunlight and daylight.
The combined retaining wall and acoustic fence is on a rear boundary and
cannot affect streetscape amenity.
Noise
The explanation to this rule reads:
44
-28These standards are commonly accepted daytime/night-time levels.
Different levels for Sundays and public holidays are no longer
considered necessary because of the range of activities now
occurring on these days, particularly business activities and formal
(commercial) recreational activities. Compliance with these levels
does not mean that all sounds will be considered acceptable or
reasonable; depending on the types or frequencies, or the
background levels in a particular area, enforcement action may still
be necessary in some circumstances.
Comment
The explanation acknowledges the acoustic level set by the rule are
‘commonly accepted’ and have changed over time.
The explanation further notes compliance with these levels does not mean
all sounds will be considered acceptable or reasonable; it depends on the
type or frequency of the noise or background levels. Complying with the
noise rule may still result in an objectionable noise under section 16 of the
RMA, or infringing the noise rule may nevertheless be acceptable,
depending on the circumstances.
While the district plan has been subject to change over its life, it is now 15
years old. Styles Group commented in their report on the changes that
have occurred to acoustic levels over time, making reference to the 1991
and 2008 versions of NZS6802, the World Health Organisation’s
guidelines for Community Noise, and the PAUP acoustic rules for
permitted activities in the residential zones.
The amended position the Council taken in regard to childcare centre
noise is reported in paragraph 6.6.1 (bottom of page 15) above.
These ‘current’ standards are complied with. The notified acoustic level of
childcare centres in the PAUP is 55 dB LAeq(15min), which is approximately
58 dB LA10.
Styles Group considers the level of noise exposure will be reasonable
given the limited duration this particular activity will operate. They
conclude that, with the inclusion of the offered consent conditions, the
noise emission of the childcare centre will be ‘reasonable’ (in terms of
section 16 of the RMA) and the degree of adverse effect less than minor
at any surrounding residential site.
45
-29Parking
No explanation provided.

Physical and functional integration of the development with the
neighbourhood
Comment
As previously noted the buildings physically integrate well with the existing
built environment of the neighbourhood.
The district plan recognises that functionally residential neighbourhoods
require childcare centres (albeit on front sites which do not have access to
no exit roads, limited to 200m2 of building). This assessment concludes
that the scale of activity proposed here can be accommodated on this
large, well landscaped rear site while integrating with the neighbourhood.

Shape and size of site, and the location and nature of existing
buildings on the application and adjoining sites.
Comment
This is a large 6,738m2 site whose residential buildings are located away
from site boundaries. These buildings are well designed and appropriately
located to accommodate a childcare centre and adult education facility.
Little alteration to the existing buildings is required to suit the operation of
the childcare.
Total building coverage (including the proposed new buildings) is just
14%, with 60% of the site left in landscape permeable area.
The site layout allows the buildings to shield outdoor play areas from
adjoining southwestern sites. These buildings have a good northern
aspect and make good use of the sites existing mature trees.
Views of the site from the Merlot Lane will be screened by the 2m high
acoustic fence which is backed by mature vegetation. This vegetation also
provides some screening from those few buildings which have upper
levels.
The site is easily large enough to accommodate the parking demand it will
generate.
46
-30The sites to the northwest (Merlot Lane) are orientated to the north, with
upper level bedroom windows providing views over the site. Bedrooms are
‘least use’ rooms, used primarily when the childcare centre is not
operating.
The application site about this northwest boundary is well landscaped (see
photographs above).
The complying acoustic fence and boundary landscaping ensure sites to
the southeast (Settlers Way and Shannon Grove Way) will not have a
view into the application site, and protects the privacy of these sites from
the childcare centre activity. All these adjoining houses are single level.
To the northeast are rear sites accessed from Puriri Road. Buildings on
these sites are located well clear of the common boundary, while mature
vegetation on the application site provides effective screening (see
photograph 4 above)

The incorporation of features or designs to off-set adverse effects or
have a positive environmental effect for the use of the site or adjoining
sites.
Comment
The new building has been located to shield sites to the southeast from
outdoor play noise, while the swimming pool is enclosed to ensure
compliance with the noise rule.
New building work has been designed to complement existing buildings
and the built character of the area generally.

Traffic Generation
Comment
The activity does not attract ‘commercial’ traffic, and will only attract traffic
Monday – Friday between 7:00am – 6:00pm. The local road network in the
vicinity of the site has low traffic volumes and, while there would be a
noticeable increase in traffic during operating hours of the childcare centre
and adult education facility, the local road network has sufficient capacity
to accommodate traffic generated by the activity. Relatively few crashes
have been recorded for the area and none in Puriri Road.
47
-31The impact of the proposal on the safe and efficient operation of the road
network is expected to be negligible.
The traffic engineer concludes trip generation is modest and will have
negligible adverse effects on the safe and efficient operation of the local
road network.

Appropriateness of earthworks
associated amenity effects
and
vegetation
clearance
and
Comment
The earthworks required have been kept to a minimum. There are no
retaining works and the site will maintain its current topographic
appearance.
As detailed on page 5 above, a number of trees are to be removed to
accommodate the upgraded vehicle access and new building, while a
small pohutukawa group is removed for car park formation. This is an
effect the district plan anticipates for the site.
The majority of matures trees about the site are to be retained and the site
will remain extensively landscaped.
As this is a rear site, the trees are not readily visible from the local road
network and therefore their contribution to the natural amenity of the
neighbourhood, and in particular the streetscape, is limited. Their removal
will have no effects associated with water or soil conservation.

Effects of earthworks on ecology, landscape and landform values
Comment
The scale of the earthworks is extensive in area due to the size of the car
park, but minor in quantity. There is a single shallow (less than 1m deep)
excavation required to accommodate the swimming pool, otherwise the
earthworks are restricted to vehicle access, the car park and foundation
formation for the new building on essential level ground.
These works result in the loss of some trees as detailed above about the
site. These trees are isolated from each other (see Plan A0-04A) and
differ in species. They do not constitute an area of continuous bush or
create an ecological area.
48
-32The extent of the earthworks and the flat character of the site ensures no
possibility of site instability or erosion will arise. The loss of this handful of
trees will have no quantifiable effect on stormwater runoff.

Overshadowing and physical dominance
Comment
I have noted above that the existing retaining wall and acoustic fence will
not result in shadowing or physical dominance of adjoining sites. The
acoustic fence erected on the other boundaries is a permitted activity.
The swimming pool building addition to the existing sleep-out is 3.805m
from the northwestern (Merlot Lane) boundary (see Plan A3-05). At 2.3m
in height (to the eave, see Plan A3-08) this addition complies with the
height in relation to boundary rule.
The swimming pool building is located adjacent 21 Merlot Lane (see Plan
A0-07). The combined height of the retaining wall and acoustic fence
adjacent the swimming pool building varies between 2.8m - 3m in height.
As the swimming pool building is 2.3m in height (to the eave), it is lower
than the height of the acoustic fence.
I further note that as the application site is to the southeast of the adjoining
Merlot Lane sites, it is not possible for buildings on the application site to
cast shade towards the Merlot Lane sites.
With regard to the adjoining sites to the southeast (9 – 11 Settlers Way),
the application site is generally at grade with these adjoining sites.
This new building is single level (3.5m to the eave) with its pitched roof
raising away from this boundary. This new building is located 6.515m from
the common boundary, and complies with the height in relation to
boundary rule (see Plan A0-07, Ref E).
A 2m high acoustic fence is to be erected inside the boundary common
with the adjoining southeastern sites, with planting on the applicant side of
the fence that will grow to top this fence. Limited screened views of the
sloping plain roof will be available through the landscaping above the
fence from the Settlers Way sites.
49
-33Owing to the location of this building 6.5m from the common boundary,
acoustic fence topped with landscaping, and the low profile of the building,
it will not overshadow or physically dominate those adjoining sites to the
southeast.

Loss of visual or aural privacy, daylight or sunlight.
Comment
The acoustic fencing ensures no visual privacy is lost. Any effects
associated with the combined height of the retaining wall and acoustic
fence where it exceeds 2m have been discussed above and found to be
less than minor.
The Styles Group report concludes the likely noise profile of the childcare
centre will be ‘reasonable’ and the degree of adverse effect less than
minor at any surrounding residential site.
I further note that no noise will emanate from the site after 5:30pm, until
7:30am the following morning for weekdays, and throughout the weekends
and public holidays. These times are the most noise sensitive times for
adjoining sites.
Issues associated with daylight and sunlight have been discussed above,
where the potential effects were assessed as less than minor.

Views
Comment
The adjoining sites to the southeast, northeast and southwest are
essentially at grade with the application site while development is single
level. Consequently no views can be lost.
The adjoining sites to the northwest (Merlot Lane) are elevated between
500mm – 1.5m above the application site. The single level development
on the application site will not therefore remove views from these sites.
 Sound levels
Comment
Sound levels have been discussed above and found to be reasonable and
will have a less than minor effect on adjoining sites.
50
-34
Odour, vibration, dust and sprays
Comment
The activity and building will not give rise to any objectionable elements.

Hours of operation
Common
The hours of operation are confined to weekday working hours. Outside
these hours there is essentially no activity on the site. This will have a
positive effect on the amenity values of adjoining sites.

Works which have positive effects to counter adverse effects
Comment
I have been unable to identify any minor or more than minor adverse
effects associated with this application.
The proposed acoustic fence mitigates the effects associated with noise.
Screen planting will be placed on the application site side of the acoustic
fence along the southeastern boundary which, in time, will top the fence
and provide a ‘natural’ form to the boundary fence.

Cumulative effects
Comment
There are no other non-residential activities located in the neighbourhood
from which cumulative effects can arise.

Natural Hazards
Comment
There are no natural hazards in the area, and the works proposed will not
create any new natural hazards.
51
-35c. Matters set out in Part 53
1.a)
Effects on the neighbourhood and wider community
Comment
Education is accepted as the single most effective method in breaking the
cycle of poverty and all that the cycle of poverty involves. In New Zealand
education starts with Early Childhood Education from at least the age of 3
years.
Breaking the cycle of poverty results in the reduction of crime, welfare
dependency and generational welfare dependency, human misery, and
raises general prosperity levels.
The operating procedures developed by Learning Houses and Kids Count
Ltd are specifically targeted at raising early childhood attendance rates in
low income communities to enhance the effectiveness of Government
policies to break the cycle of poverty through early childhood education.
This area has been identified by the Ministry of Education as an area of
high need and therefore a priority area for the provision of additional early
childhood education places.
These proposed childcare premise fully comply with all Ministry of
Education requirements.
In addition to early childhood education, water safety is a primary concern,
especially in New Zealand where not only easy access to water is
available but for financial and operational reason a number of schools are
now closing their swimming pools. A significant additional benefit will flow
from the provision of the enclosed pool which allows extended seasonal
use, enabling water safety and confidence to be installed in children at an
early age. The pool will not be open to the general public.
This proposal assists in filling the identified need for early childhood
education in this area, and in doing so will help build better and stronger
communities.
Once fully operational the centre is expected to provide up to 23 new full
time employment positions and 10 new part time positions.
52
-36With specific reference to the adult education facility, providing people in
the neighbourhood and wider community with access to free adult
education will have a positive effect on the well-being of the community by
developing confident and competent parents. This programme reinforces
community social and cultural values, which coincide with tangata whenua
values.
This activity will not detract from the amenity values of the surrounding
area. As previously described, this activity has no quantifiable physical
effects on the environment or adjoining sites. The courses offered
enhance individual and family health, safety, physical and psychological
health and general well-being.
This programme places no financial burden on the local economy or wider
community. Care has been taken to ensure the programmes offered do
not duplicate other provider programmes.
2.
Physical attributes of the locality
Comment
This is a low scale development on a flat rear site. It will have no visual
impact on the surrounding area.
The site does not form part of a significant landscape or natural feature
area.
3.
Ecosystems
Comment
In terms of natives trees, this proposal results in the loss of a small group
(4) of Pohutukawa trees and a Totara. The effects of this loss on the
ecosystem will be less than minor and is provided for by the district plan
as a permitted activity. The Totara is distant from the Pohutukawa which
sit in a grassed area. They do not form part of an indigenous vegetation
ecosystem.
53
-374.
Natural and Physical Resources
Comment
The site is not subject to natural hazards and neither the proposed activity
nor the proposed works will generate natural hazards.
The activity can be readily accommodated within the existing road network
without compromising its safe and efficient operation. The existing
infrastructure which serves the site has adequate capacity to
accommodate the activity. In particular site permeability is 60%.
This is not an archaeological or historic site and does not contain nonrenewable energy or mineral resources.
The site is not used by tangata whenua to provide access to resources.
5.
Discharge of Contaminants
Comment
The activity does not result in the discharge of contaminants.
6.
Public Services
Comment
Pukekohe North has been identified as an area of high needs by the
Ministry of Education for the provision of affordable Early Childhood
Education places. The activity provides a social, economic and
educational service to the local community without using Council services
such as public swimming pools, reserves or libraries. It is a fully self
contained service. The activities enhance early education needs (including
water safety), create relationships within the community, and enables
families to provide for their economic wellbeing. Catering for the most
vulnerable members of our society with a holistic wrap around service
which includes families and which strives for a long term solution fulfills
the aspirations of the Vulnerable Childs Act.
Once fully operational the centre is expected to provide up to 23 new full
time employment positions and 10 new part time positions.
54
-38d. Assessment Criteria 15.5.3; Earthworks
(i)
Methods
Comment
All earthworks are associated with excavations; vehicle access and car
park formation, footings and for the swimming pool.
Notwithstanding the site is comparatively level, lowering existing ground
level, even marginally, ensures no silt laden overland flows can leave the
site.
(ii)
Timing
Comment
The earthworks will be carried out together.
(iii)
Rate
Comment
The earthworks will be completed simultaneously.
(iv)
Landscaping
Comment
The site is extensively landscaped and will remain so. Supplementary
landscaping will be places between the car park and vehicle access, and
the adjacent boundary.
(v)
Silt and Erosion Control measures
Comment
A sediment control plan in accordance with TP90 has been prepared by
Moss Engineering L:imited.
55
-39(vi)
Stormwater Management
Comment
This aspect is covered in the attached documents from Moss Engineering
Limited.
(vii)
Location of earthworks relative to water bodies and adjoining sites.
Comment
There are no water bodies associated with this site or adjoining sites.
The formation of the vehicle access and parking area occurs close to site
boundaries, although a landscape strip and acoustic fence will intervene,
removing views of the earthworks from adjoining sites.
These earthworks will not undermine or create a hazard for adjoining
sites.
(viii)
Nature and extent of water bodies
Comment
There are no water bodies associated with this site or adjoining sites.
(ix)
Landscaping and resultant visual form
Comment
The site will continue to view as a well landscaped site with most of the
trees and vegetation retained. Sixty percent of the site remains landscape
permeable area.
The sites visual landform will remain unchanged. There are no retention
works, while the excavations are to be all covered with buildings or vehicle
access / parking.
56
-40(x)
Traffic movements
Comment
It is estimated less than 100m3 will be removed from the site, amounting to
approximately 12 – 14 ten cubic metre truck movements. The trucks will
manoeuvre on site and exit in a forward direction.
The road network can easily accommodate such few truck movements.
(xi)
Site management to avoid material being deposited on the road
Comment
The vehicle access and car park will be formed and metalled (but not
sealed to prevent damage) prior to building works commencing. This long
metalled access ensures any spoil will be stripped from truck wheels
before they enter the road network.
(xii)
Earthworks hours
Comment
Earthworks will take place during weekdays and normal construction
hours in accordance with Council requirements.
(xiii)
Off-site placement of spoil and means of transport
Comment
The spoil site has yet to be determined but will be a lawful spoil site
selected by the approved contractor. While the size of trucks transporting
the spoil has also yet to be determined, it is anticipated they will use 10m3
capacity trucks, not articulated vehicles.
(xiv)
Emergency procedures to avoid property damage
Comment
Site boundaries are currently demarcated by boundary fencing. This will
be left in place while the earthworks proceed to ensure works are confined
to the application site.
57
-41(xv)
Avoid exacerbation of natural hazards.
Comments
The site and adjoining sites do not contain any natural hazards, and the
works proposed will not create any natural hazards.
(xvi)
Chemical effects
Comment
This criterion is not applicable to the assessment of this proposal
(xvii) Archaeological monitoring
Comments
Neither this nor adjoining sites are identified as archaeological sites.
(xviii) Necessity of a Site Management Plan
Comment
Due to the scale and type of works proposed and the flat character of the
site, a Site Management Plan in this instance is not required.
(xix)
Retaining
Comment
No retaining works are proposed
(xx)
Issues associated with raised ground levels
Comment
Existing ground levels are not raised.
(xxi)
Risk to national grid transmission lines.
Comment
No national grid transmission lines cross the site.
58
-42(xxii) Effects on operation of national grid transmission lines
Comment
There will be not effects on the operation of national grid transmission
lines.
(xxiii) Electrical fault risk.
Comment
Phase 3 power is already available to the site. The activity does not have
unusually high power demands. No electrical fault risk is anticipated.
(xxiv) Compliance with NZECP34:2001 (Electrical Code of Practice).
Comment
All electrical work will be carried out by registered electricians in
accordance with all relevant codes and regulations and Code Compliance
Certificates issued.
6.2
Auckland Regional Plan: Air, Land and Water
6.2.1 Provision 5.5.2A set out the relevant Assessment Criteria to assess
stormwater discharges from impervious areas greater than 1,000m 2 but
less than 5,000m2.
(a)
The provision of methods to avoid downstream channel
erosion;
Comment
The stormwater, once treated, is to be discharged into an existing public
stormwater system. The existing public system ensures downstream
channel erosion is avoided.
(b)
The methods to achieve Rule 5.5.2 (c), (d) and (e) and
erosion control, including the extent and type of vegetation
and/or re-vegetation cover on site;
59
-43Comment
The stormwater, once treated, is to be discharged into the public
stormwater system, avoiding erosion. No particular site re-vegetation is
required to mitigate the effects of the stormwater quality device or the
stormwater discharge to the existing infrastructure.
(c)
The location of the point of discharge;
Comment
This criterion is not relevant to the assessment of this proposal.
(d)
The degree of consistency and integration with any
Integrated Catchment Management Plan or stormwater
network consent within the same catchment;
Comment
This discharge is to an existing piped public stormwater system.
(e)
Effects on archaeological sites, wähi tapu, and the matters
listed in Policy 2.3.4.4.
Comment
This criterion is not relevant to the assessment of this proposal.
(f)
Monitoring and reporting requirements; and
Comment
This criterion is not relevant to the assessment of this proposal.
(g)
The duration of the consent.
Comment
This criterion is not relevant to the assessment of this proposal.
60
-446.3
PAUP
6.3.1 Rule 3H.4.14.3.4.2 sets out the following Assessment Criteria to consider
the 1065.11m2 of uncovered car park and vehicle access proposed.
1. All restricted discretionary activities
a. the nature of the discharge;
Comment
The discharge will receive stormwater quality treatment to remove 75% off
TCC in accordance with TP10 before discharging to the public stormwater
system (see attached report from Moss Engineering dated 27 August,
2015).
b. the sensitivity of the receiving environment, including coastal
waters, and its susceptibility to the adverse effects of stormwater
contaminants
Comment
The stormwater is to be treated to ensure effects on the receiving
environment are mitigated.
c. the extent to which incremental and cumulative adverse effects of
stormwater contaminants on receiving environments including on
biodiversity, community and Mana Whenua uses and values can be
avoided, or if not avoided then otherwise adequately mitigated;
Comment
The stormwater treatment proposed to the level prescribed in TP10
adequately mitigates the potential effects of this discharge on the
receiving environment.
d. the ability to reduce existing adverse effects
Comment
Stormwater from existing paved areas are not treated. The treatment
proposed for the proposed paved areas reduces existing adverse effects.
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-45e. whether stormwater contaminants are managed on-site or whether
there are stomrwater management devices in the catchment that
can accept and cater for increased stormwater contaminant loads
to meet mitigation requirements
Comment
Stormwater treatment will occur on-site.
f. the effects on marine sediment quality, in accordance with Auckland
wide water quality and integrated management policy 10 and Table
1.
Comment
This criterion is not applicable.
6.3.2 I conclude all the assessment criteria are met and stormwater discharges
will not adversely affect the existing environment or any persons.
7.0
Relevant Objectives and Policies
7.1
Auckland Council District Plan (Franklin Section)
7.1.1 19.3.3 OBJECTIVE - RESIDENTIAL AMENITIES
To safeguard the amenity values of the Residential Zone while
recognising the need to use urban land efficiently.
Policies
1. Accommodate non-residential activities that support the social, cultural
and economic wellbeing of residents, provided that adverse effects,
including those from the scale of buildings, the intensity of activities
and their hours of operation, noise, odour, signs and traffic
movements, are avoided, remedied or mitigated.
2. That all non-residential activities be required to satisfy the relevant
standards for residential activities as well as specific standards of
performance, whether stated in the Plan or imposed as consent
conditions (e.g. noise; signs; hours of operation; landscaping and
building maintenance).
62
-464. That activities that would generate significant traffic effects in terms of
the weight of vehicles or the numbers, frequency, or timing of trips, be
required to locate on main roads and not on sites where traffic will be
drawn into or through quieter residential areas.
5. Non-residential activities, other than home occupations, should
generally be avoided from no exit or cul-de-sac streets.
7. That an open appearance throughout the Zone, and space for
vegetation and outdoor activities be retained by limiting the percentage
of a site that can be covered by buildings and requiring front yards (set
back distances from the road).
10. That all buildings be sited and designed to ensure that sunlight and
daylight are not unreasonably obstructed for adjacent sites, and avoid
inappropriate dominance of adjoining properties.
11. That all buildings be sited and designed so as to take advantage of the
orientation and attributes of the site while respecting the position and
design (or probable siting) of buildings on adjacent residential sites.
12. That buildings be limited in height to two main levels unless unusual
aspects of the locality or of the particular use, building design, site size,
shape, or terrain justify a greater height and mean that no adverse
visual or shading effect will occur, and no views enjoyed from other
properties will be unreasonably obstructed.
13. That all residential buildings and developments be appropriately sized,
sited and designed with due consideration for the parking, sufficient
and usable outdoor living, and service needs that would normally be
associated with the proposed activity.
14. That any garage, carport, or required parking spaces be sited and
designed to obviate the need for reverse manoeuvring onto the street.
(See Rule 51.1.6.)
63
-47Comment
The proposed childcare centre and adult education facility achieves the
zone objective of safeguarding the amenity values of the Residential Zone
while recognising the need to use urban land efficiently. Amenity values
are protect as set out in the AEE, by ensuring adjoining sites are not
subjected to unreasonable noise levels, and that the site is developed in a
manner compatible with the zones development controls.
The provision of a childcare centre and adult education facility are
recognised as appropriate in providing for the diverse needs of people and
communities. They provide a beneficial community purpose (objective
19.3.4 and policy 19.3.4.1). The provision of these activities throughout
the Residential Zone ensures urban land can be used efficiently,
particularly at higher densities, by reducing vehicle trip lengths,
maximising convenient access to these social services, and enabling all
adult family members to pursue employment opportunities.
In terms of Policy 19.3.3.1, the provision of these social services directly
supports the social, cultural and economic wellbeing of residents. Any
potential adverse effects associated with the activities are avoided through
a variety of measures (acoustic fences, site layout and building design,
operating hours, provision of sufficient parking, safe access and proven
management techniques).
While district plan acoustic levels are exceeded in some places, the level
of noise exposure and character of the noise (children at play) ensures the
amenity levels of adjoining sites is not adversely affected beyond what is
reasonable. As an ‘effects based’ (as opposed to prescriptive) document,
as noted in the explanation to this policy other standards (as discussed in
the Styles Group report) are applied as a benchmark to assess the
potential adverse effects of noise.
This activity will not generate significant traffic effects (policy 19.3.3.4).
Puriri Road is a through road (policy 19.3.3.5).
As noted in the AEE, the site will remain a spacious, treed site which
makes a limited (due to its rear site character) contribution to the general
landscape amenity of the area (policy 19.3.3.7). Maximum Building
Coverage Rule 27.6.1.5 is fully complied with.
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-48Policy 19.3.3.10 seeks to protect sunlight and daylight access to adjacent
sites, and to avoid inappropriate dominance. As discussed in the AEE all
new buildings comply with Height in Relation to Boundary Rule 27.6.1.3.
The acoustic fence adjacent 17 Merlot Lane infringes this rule, measured
from the lowest boundary point (the application site). From the built up site
of 17 Merlot Lane, the 2m high acoustic fence will appear to comply. As a
consequence this fence cannot physically dominate 17 Merlot Lane. The
Merlot Lane sites are to the northwest, making it impossible for the
acoustic fence to adversely affect their access to either sunlight or
daylight.
The new buildings have been designed to comply with all development
control rules and shield outdoor activities. They have a northern aspect
and are located clear of adjoining site boundaries to minimise their effects
on adjacent sites, achieving policies 19.3.3.11 and 19.3.3.12. Sufficient
parking and reverse manoeuvring has been provided for the scale of the
activity (policies 19.3.3.12 and 19.3.3.13).
7.1.2 19.3.4 OBJECTIVE - DIVERSE NEEDS
To provide appropriately for the diverse needs of people and communities
to be satisfied within the residential areas of the District.
Policies
1.
That a range of non-residential activities that can serve a beneficial
community purpose be provided for in the Residential and RuralResidential Zones.
5.
That the activity standards of the Residential and Rural-Residential
Zones be administered to facilitate, in appropriate ways, the
establishment or development of special areas, facilities or design
features for children, ethnic minorities, or for retired, elderly or
disabled people.
7.
That non-residential activities, whether Discretionary or Noncomplying, only receive consent where they can demonstrate
standards of building design, site development, and landscaping
that are compatible with and complementary to the residential
amenities, of the locality, as well as minimal or negligible
advertising clutter, lighting overspill, and health or safety risks; that
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-49high traffic generating activities only be considered suitable on
arterial, collector, or principal roads.
Comment
This proposal achieves Objective 19.3.4 by providing for the diverse
needs of the people and communities.
The childcare and adult education facility serves a beneficial community
purpose (policy 19.3.4.1). As recorded in the AEE, education is accepted
as the single most effective method in breaking the cycle of poverty,
resulting in the reduction of crime, welfare dependency and generational
welfare dependency, human misery, and raises general prosperity levels.
The adult education facility is targeted at enhancing parenting skills and,
by extension, producing valuable community members.
Policy 19.3.4.5 acknowledges that the activity standards will be
administered to facilitate (in appropriate ways) the establishment of
facilities or design features for children.
Policy 19.3.4.7 is concerned with the compatibility of building design, site
development and landscaping with the locality. For the most part existing
buildings are reused.
The new ‘under – two’s’ building and swimming pool, and minor alterations
to existing buildings, have been designed to complement the existing built
environment in terms of scale, design and materiality. The site remains
extensively landscaped and well treed. No outdoor lighting or health and
safety risks are associated with the activities proposed.
I conclude this proposal assists in achieving the strategic direction of the
operative district plan as expressed through the relevant objectives and
policies.
7.2
PAUP
7.2.1 The PAUP is at an early procedural stage with no decisions having been
released concerning the relevant objectives and policies applying to the
Mixed Housing Suburban zone. No zone provision is active.
66
-50These objectives and policies, and the composition of the zone, could
change once hearings on these provisions are complete. As a
consequence little or no weight should be applied to these provisions. The
relevant objectives and policies of the operative district plan are to be
preferred.
General Objective D.1.1.3 is:
Non-residential activities that locate in residential areas contribute
to and support the amenity of the neighbourhood and provide
opportunities for social, economic and cultural well-being.
In support of this objective, policy 6 is:
Enable non-residential activities that provide benefits to local
communities and which will have minimal adverse effects on
amenities of the residential area.
Comment
As discussed above, the proposed activities contribute to and support the
amenity of the neighbourhood. These activities provide opportunities for
social, economic and cultural well-being, with minimal adverse effects on
the amenities of the residential area. Acoustic effects on the amenities of
the neighbourhood will be reasonable and acceptable. Acoustic levels
contained in the PAUP are fully complied with. All other effects are less
than minor.
Water Quality and Management Objective 2C.5.15.1 is to prevent the
degradation of water quality and ecosystem health. Policies 9 – 16
concern stormwater management. Policies 10 and 15 are relevant to this
proposal. Policy 10 seeks to minimise new and reduce existing effects of
stormwater runoff, while policy 15 requires stormwater quality
management.
Comment
The provision of a stormwater treatment device in accordance with TP10
achieves this objective and the relevant supporting policies.
67
-517.3
Auckland Regional Plan: Air, Land and Water
7.3.1 General objective 5.3.1 is to protect, maintain and enhance the quality of
water.
Objectives 3.5 – 3.8 concerns Stormwater Discharges and Wastewater
Overflows. Relevant to this proposal, Objective 5.3.5 is to prevent or
minimise the adverse effects of discharges, Objective 3.5.7 recognises the
significant contribution stormwater discharges make to the sustainability of
the regional environment.
In support of these objectives, General Policy 5.3.1 is to avoid, remedy or
mitigate the adverse effects of discharges.
Stormwater Discharge Policy 5.4.4 relates specifically to stormwater
discharges. Policy 5.4.4 A recognises the strategic importance of
stormwater infrastructure to achieve sustainable management and
enabling people and communities to their needs for economic, social and
cultural well-being.
Under Policy 4.5.5 C, where stormwater management methods are
designed in accordance with TP10, a detailed AEE is not required.
Comment
The proposed water quality device, designed in compliance with TP10,
achieves these relevant objectives and policies.
7.4
I conclude this proposal achieves the current strategic policy direction of
the relevant planning documents.
8.0
Purposes and Principles of the Act
8.1
This childcare centre and adult education facility achieves the purpose of
the Act in providing for the sustainable management of natural and
physical resources. The buildings are supplemented and re-used to
provide essential social infrastructure which enables people and
communities to provide for their social, economic and cultural wellbeing,
and for their health and safety, while avoiding, remedying and mitigating
the operational aspects of this activity.
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-529.0
Consultation
9.1
Extensive consultation has been carried out by the applicant.
The first consultation letter was delivered to all adjoining neighbours in
mid-February, 2015. This letter (copy attached) introduced the applicants,
outlined their proposal and canvassed the likely issues, and invited
adjoining neighbours to a ‘meet and greet’ on February 28th, 2015.
While delivering this letter the applicant also took to opportunity to discuss
the proposal with adjoining neighbours. This verbal consultation was well
received, with the majority of people expressing verbal support for the
proposal.
Unfortunately this letter resulted in a written complaint being lodged with
the Council about the proposal and a great deal of misinformation
circulated by a third party to adjoining neighbours. This somewhat
detracted from the ‘meet and greet’ which a person in the area (we
understand this person is not an adjoining neighbour) attempted to turn
into an ‘objection rally’ (see attached hand-bill).
The ‘meet and greet’ allowed the misinformation to be identified and
corrected, and while a number of adjoining neighbours expressed their
support for the proposal, some felt intimidated and chose to do nothing.
The concerns expressed by a few were:
1. Use of pre-school education facility by non-European children from
Pukekohe North and other areas.
2. Noise
3. Property Values
4. Traffic
A second consultation letter dated 20th June, 2015 (copy attached) was
circulated as a follow-up to the ‘meet and greet’, providing answers to
matters which had arisen.
9.2
Written consents (copies attached) from neighbours of the following
adjoining sites have been obtained:



13 Merlot Lane
15 Merlot Lane
19 Merlot Lane
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-53

23 Merlot Lane
37 Puriri Road
10.0
Notification
10.1
The presumption under the Act is that land use consent applications will
be processed on a non-notified basis
10.2
The resource consent notification process is set out fully in my section 5.0
above. In summary, pursuant to s95A(2) an application must be publicly
notified if the consent authority decides that the activity will have or is
likely to have more than minor adverse effects on the environment.
When considering effects on the environment, the potential effects on the
application sites owner / occupier, adjacent land, and any person who has
provided their written consent must be disregarded.
10.3
The effects of this proposal on the general environment potentially
concerns traffic effects. With regard to the natural environment the tree
removal forms part of the permitted baseline and can occur at any time as
a permitted activity. In any event 60% of the site remains in landscape
permeable area, with the majority of trees also retained.
The traffic engineer concludes the site can accommodate the parking
generated by the activity, will operate effectively, and the effects on the
safe and efficient operation of the road network will be less than minor.
I conclude the effects on the environment will be less than minor.
10.4
If full notification is not required the consent authority must determine
whether there are any adversely affected persons. Effects must be minor
or more than minor for a person to be ‘adversely affected’ (Section 95E).
In making this decision the above the ‘permitted baseline’ may be applied.
10.5
The potential effects on adjoining sites are works associated with buildings
(including earthworks), and effects associated with the activity (noise).
The new buildings and proposed alterations and additions comply with the
development control rules of the district plan. They are single level and
designed to a high standard, complementing the existing built
environment.
70
-54For the Merlot Lane sites, the combined height of the existing retaining
wall and acoustic fence exceeds 2.0m, while only for 17 Merlot Lane does
this retaining wall / fence infringe the height in relation to boundary rule.
Viewed from the Merlot Lane sites, the acoustic fence will comply in all
regards. The retaining wall cannot be seen from these sites. In this sense
this infringement is ‘theoretical’ as it can only be perceived from the
application site. As a consequence no issue of physical domination for the
Merlot Lane sites arises.
With regard to access to sunlight and daylight, the Merlot Lane sites are
located to the northwest of the retaining wall / fence and therefore no
shade can be cast in their direction.
For all these reasons the effects of the combined height of the retaining
wall and acoustic fence on the Merlot Lane sites will be less than minor. I
further note a similar non-acoustic fence mounted on the retaining wall
already exists.
The earthworks are minor in scale, do not alter existing site contours, and
will be covered by paved areas or buildings. The paved area will be
screened by the acoustic fence and landscaping which, in time, will top the
fence.
Silt laid overland flows will not exit the site to adjoining sites.
The earthworks will not cause instability of adjoining sites (or the
application site) or create natural hazards.
I conclude the amenity of adjoining sites will not be affected by the
proposed earthworks.
The activity will result in noise from outdoor play. Noise generated inside
the buildings (including the pool and adult education facility) and use of
the vehicle access complies with noise rules.
All outdoor play is supervised and does not occur at all times. There are
times, for example mat time, morning / lunch / afternoon meals, sessional
change-over, when there is little or no outdoor play. In addition during
inclement weather there is no outdoor play.
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-55The centre is not in use between 6:00pm – 7:00am weekdays, and all
weekends and public holidays. These times are the main amenity times
for adjoining sites.
The maximum level of noise exposure for some sites is 55 LA10 dB (see
section 3.4 above). For other sites it is less or the level of noise received
complies with district plan levels.
Styles Group have assessed the noise exposure and the effects of this
exposure on adjoining sites, concluding that the noise exposure of these
sites will be reasonable and the degree of adverse effect no more than
minor. They further note this level of environmental noise exposure falls
within the recommended limits of the 1991 and 2008 versions of
NZS6802, the World Health Organisation’s guidelines for Community
Noise and, while placing no weight on this provision, the PAUP acoustic
rules for permitted activities in the residential zones.
10.6
In the absence of persons affected to a minor or more than minor degree,
and where adverse environmental effects are no more than minor,
(notwithstanding any special circumstances) the proposal should be
determined without notice.
10.7
In terms of Special Circumstances, Section 95A(4) states that a council
may publicly notify an application for resource consent if it considers that
special circumstances exist, notwithstanding that a rule or NES precludes
notification and the application has not requested notification.
“Special circumstances” have been defined by the Court of Appeal as
those that are unusual or exceptional, but they may be less than
extraordinary or unique (Peninsula Watchdog Group (Inc) v Minister of
Energy [1996] 2 NZLR 529).
With regards to what may constitute an unusual or exceptional
circumstance, Salmon J commented in Bayley v Manukau CC [1998]
NZRMA 396 that if the district plan specifically envisages what is
proposed, it cannot be described as being out of the ordinary and giving
rise to special circumstances.
The district plan envisages this activity establishing on this site, and
therefore special circumstances do not apply.
10.8
For all the above reasons I conclude this application should be considered
on a non-notified basis.
72
-5611.0
Conclusion
11.1
Resource consent is sought to establish a childcare centre with ancillary
adult education facility on a generously treed large rear site at 25 Puriri
Road, Pukekohe.
11.2
Existing buildings, with small sympathetic modifications, can be reused to
accommodate the activities. In addition a new building and enclosed
swimming pool is proposed. These new structures are designed to
complement the residential style of buildings on the site and in the
neighbourhood. This approach, which requires minimal earthworks,
represents the wise and sustainable use of existing resources. The site
will retain its residential character, and will continue to be perceived as a
well treed and spacious residential site.
All buildings comply with development control rules and will have no
amenity effects on adjoining sites.
11.3 The local road networks and site can accommodate the parking and traffic
generated by the activity without adversely affecting the safe and efficient
operation of the road network, or adversely affecting adjoining sites.
11.4 The permitted activity acoustic level will be exceeded for some adjoining
sites, however at key amenity times (after 5:30pm and during weekends
and public holidays) little or no noise will emanate from the site.
With regard to exceeding the district plan noise level, Styles Group
considers the level of noise exposure is reasonable given the limited
duration this particular activity will operate. They further note this level of
environmental noise exposure falls within the recommended limits of the
1991 and 2008 versions of NZS6802, the World Health Organisation’s
guidelines for Community Noise and, while placing no weight on this
provision, the PAUP acoustic rules for permitted activities in the residential
zones.
The level of noise will be ‘reasonable’ (in terms of section 16 of the RMA)
and the degree of adverse effect less than minor at any surrounding
residential site.
11.5
Education is accepted as the single most effective method in breaking the
cycle of poverty. Breaking the cycle of poverty results in the reduction of
crime, welfare dependency and generational welfare dependency, human
misery, and raises general prosperity levels.
73
-57The operating procedures developed by Learning Houses and Kids Count
Ltd are specifically targeted at raising attendance rates of children from
low income areas which enhances the effectiveness of breaking the cycle
of poverty through early childhood education.
This area has been identified by the Ministry of Education as an area of
high need and therefore a priority area for the provision of additional early
childhood education places.
In addition to early childhood education, water safety is a primary concern,
A significant additional benefit will flow from enabling water safety and
confidence to be installed in children at an early age.
This proposal assists in filling the identified need for early childhood
education in this area, and in doing so will help build better and stronger
communities.
With specific reference to the adult education facility, providing people in
the neighbourhood and wider community with access to free adult
education will have a positive effect on the well-being of the community by
developing confident and competent parents and reinforcing community
social and cultural values.
11.6
For all the reason cited above I believe resource consent should be
granted to this proposal on a non-notified basis.
Steven Dietsch
October 2015.
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