ATTACHMENT EIGHT
NOTIFICATION DECISION
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Decision on notification of a combined
resource and subdivision consent
application under the Resource
Management Act 1991
Non-complying activity under the operative plan
Restricted discretionary activity under the proposed plan
Application number:
SC-3023665
Applicant:
Novar Developments Ltd & Totara Valley Developments Ltd
Site Address:
350-352 Beach road & 1-1A Newhaven Terrace, Mairangi Bay
Legal Description:
Lots 195-196 DP 13311 & Lots 1-2 DP 52855
Proposal:
.
To construct a 20-unit intensive housing development, including associated site works, across
four contiguous residential sites; and subsequent 20-lot fee simple subdivision
Land use consents (s9 RMA):
Auckland Council District Plan (North Shore Section)

Rule 3.10.2.2 – for a 20-unit intensive housing development greater than 9m in height
(9.55m) on a site in excess of 1,500m² (3,861m²) and able to contain a 24mx24m square in
the Residential 6B1 zone as a Non-Complying activity.

Rule 3.10.2.2 – for a 20-unit intensive housing development that cannot meet the relevant
delineated area requirements of Rule 16.6.2.2 as a Non-Complying activity.

Rule 16.6.2.4 – for a 20-unit intensive housing development that cannot meet the relevant
outdoor living space requirements as a Limited Discretionary activity.

Rule 16.6.2.5 – for a 20-unit intensive housing development that cannot meet the relevant
service court requirements as a Limited Discretionary activity.

Rule 16.6.2.6 – for a 20-unit intensive housing development that cannot meet the relevant
visual privacy requirements as a Limited Discretionary activity.

Rule 9.4.1.3(i) – for site works in excess of 300m2, being 3,878m2, as a Limited
Discretionary activity.

Rule 9.4.1.4(f) – for excavations deeper than 1.5m within a yard, being a maximum depth of
3.2m, as a Discretionary activity.

Rule 9.4.1.4(f) – for earthworks on land with a gradient steeper than 1:4 as a Discretionary
activity.

Rule 8.4.7.3 – for impervious surfaces in excess of 70% (2702.7m²) of the total site area
(3861m²), being 79% (3,043m²), as a Discretionary activity.
SC-3023665 – 350-352 Beach Road & 1-1A Newhaven Terrace, Mairangi Bay
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Proposed Auckland Unitary Plan

Rule H.4.2.1.1 – District and regional land use consents for earthworks in excess of 2,500m²
and 2,500m³, being 3,878m2 and 8,364m3, as a Restricted Discretionary activity.

Rule H.4.14.2.1 – Regional land use consent under – for impervious surfaces in excess of
70% (2702.7m²) of the total site area (3861m²), being 79% (3,043m²), as a Restricted
Discretionary activity.
Subdivision Consent (s11) - SUB
Auckland Council District Plan (North Shore Section)

Rule 3.10.2.2 – for a 20-lot fee simple subdivision in the Residential 6B1 zone that cannot
meet the relevant requirements/standards set out in section 9.4.5 of the Plan as a NonComplying activity.
Decision:
Having read the application, supporting documents, specialist comments and the council
planner’s report and recommendations on the application, I am satisfied I have sufficient
information to consider the matters required by the Resource Management Act 1991 (the RMA)
and to make a decision under delegated authority on notification.
Public notification
Under section 95A of the RMA this application shall proceed without public notification because:

The adverse effects on the environment will be no more than minor because:
o
The proposed development is considered to be acceptable in terms of proposed site works
and infrastructure connections, and construction activity and impervious surfaces will be
managed in a manner that will either avoid, or adequately mitigate, any associated
adverse effects on the environment.
o
In regards to the traffic environment, the proposed development will have sufficient car
parking provision to meet the anticipated demand. Access design is sufficient with good
visibility. Adequate provision has been made for service vehicles and there is sufficient
capacity within the existing roading network to accommodate the traffic generation of the
development.
o
The design of the built form will present a high quality development that responds well to
the context of its surrounds, and the scale will not give rise to any significant adverse
shadowing or dominance effects on the adjacent streetscape. The visual impact of the
building mass will be further mitigated and softened by orientation of the buildings, breaks
in mass, the articulation of building facades, careful material selection, and the
implementation of the proposed landscaping scheme.

There is no district or regional rule or national environment standard that requires public
notification and the applicant has not requested it.

Having regard to the general discretion to notify under section 95A(1) and the special
circumstances discretion under section 95A(4), I find there are no relevant reasons to
warrant public notification.
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Limited notification
Under section 95B of the RMA this application shall proceed with limited notification because:

There are adversely affected persons who have not provided their written approval to the
application. The following properties at 1-2/348, 1-2/354 and 2/356 Beach Road; and 7-9/2,
4, 6 and 2/8 Ramsgate Terrace; and 1-2/3 Newhaven Terrace; are all at the interface with
the proposed development. While it can be argued that a certain degree of intensification is
to be reasonably expected in this locality, this has yet to eventuate and the proposed
development represents a significant change in the character of the area, and it is at these
boundaries where the ‘change’ will be most pronounced. Further, the bulk and scale of the
built form is also considerably greater than that currently present in the area, and despite a
well measured design response, the development will still exude a level of dominance on
these properties above and beyond what would be associated with a more conventional or
‘permitted’ residential development.

There are no protected customary rights groups or marine title groups in the region affected
by this proposal.
Accordingly, this application shall proceed on a LIMITED NOTIFIED basis.
Jenny Hudson
Duty Commissioner
21 May 2015
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