1urban - Lower Hutt

PROPOSED RETIREMENT VILLAGE

32A HATHAWAY AVENUE

BOULCOTT

LOWER HUTT

RESOURCE CONSENT APPLICATION

SUMMERSET VILLAGES (LOWER HUTT) LIMITED

APRIL 2018 .

1urban PERSPECTIVES LTD

APPLICATION FOR RESOURCE CONSENf UNDER

SECTION 88 OF THE RESOURCE MANAGEMENT ACT 1991

TO, Hutt City Councll Private Bag 31912 LOWER HUTT 5040

Attention: Tim Johnstone

(Form 9)

Team Leader Resource Consents

SUMMERSET VILLAGES (LOWER HUTT) hereby applies for the following type of resource consent:

1. Land use consent tor the following activity:

(a) tile construct1on of buildings and structures and their subsequent maintenance and use as a retirement village(housing for the elderly) in accordance with District Plan Rule 4A 2.3(m) for land witllin the area identified inAppendix General Residential 21:

(b) associated civil works including earthworks, installation of tn-ground servlces and the construction of aninternal reading network;

(c) removal of potentially contaminated soil; aml

(d) site landscaping

all as further described in the accompanying assessment of environmental effects (AEE) report and application drawings.

A seven year lapse period 1s sought under section 125 of the Resource Management Act 1991.

2. The name and address of the owner and occupier of any land to which lhe application relates is as follows:

The Applicant is the owner ot the site.

The Applicant's address Is:

Summerset Villages (Lower Hutt) Limitedc/- Summerset Group Holdings LimitedPO Box 5187Wellington 6140

Attention: Phlll StanleyDevelopment Manager

3. The location to which the application rera,es fs:

32A Hathaway Avenue, Boulcott, Lower Hutt as shown on the attached aerial photograph � refer Annexure A.

The legal description of the site is Lot� DP 477960. A copy of the current CFR is provided - reter Annexure B.

A copy of Appendix General Residential 21 is attached, which identifies the land subject to Rule 4A 2.3(m) of theoperative City of Lower Hutt District Plan - refer Annexure C.

4. Additional resource consents required in relation lo this proposal:

In the opinion of the Applicant no additional land use resource consents under the District Plan are required Inrelation to this proposal.

Consent is also sought under the National Environmental Standard for Assessing and Managing Contaminants inSoil to Protect Human Health (2071) for tl1e remediation of a potentially contaminated site.

5. Assessment of effects on the environment:

Attached to and forming part of this appHcation is an assessment of environmental effects (AEE) describing the proposed activity, and any associated effects that may arise, prepared In accordance with Clause 6 and Clause 7 of Schedule 4 of the Act - refer Annexure E.

6. Required inlormation:

In the Applicant's opinion, all the information required to be included in this application by the District Plan, or any regional plan, the Resource Management Act 1991, or any regulations made under that Act has been provided - refer Annexure n.

The application drawings are provided In Annexure F,

DATED at Wellington on the l�f\.aay of April 2018

Address for Service

Summerset Villages (Lower Hutt) Limited cf- Summerset Group Holdings Limited c/- Urban Perspectives ltd PO Box9042 Wellington

Attention: Alistair Aburn

Telephone: {04) 474 4111 (DOI) Facsimile: (04) 499 9726 Email: [email protected]

Address for Invoices:

Alistair Aburn Environment and Resource Management Consultant Director Urban Perspectives Lid

for and on behalf of Summerset Villages (Lower Hult) Limited

Please note that any correspondence and invoices associated with the processing of this application, any subsequent monitoring fees, and any matters regarding development contributions under the Local Government Act should be sent directly to the Applicant Summerset Villages (Lower Hutt) Limited, c/- Summerset Group Holdings Limited, P O Box 5187, Wellington 6140, Attention: Phill Stanley, Development Manager. Email: [email protected]

Annexures:

A Aerial Photo B Computer Freehold Interest Register C Appendix General Residential 21 D Applicant's Completeness Check E Assessment of Environmental Effects (AEE) Report F Application Drawings

ANNEXUREA

AERIAi. PHOTO

property information on line

Property Information Se.arch Res u lt ; D .. tc o f Image ry: Repo rt Date:

Jan ua ry2013 12 Ju l 2017

N

® Copyright Notice Copyri9ht 2U06- Z0 16 Corelog1c NZ Limited. Certain informat ion on this report is sourced from LINZ . Crown copyright rese rved .

Data Stateme nt Ac:c:uracy of aerial imai;iery +/-0.Sm . Accuracy of property boundarie s l - 3m 1n ur t:> an ilreas, up to 30m in rurual areas . Property boundaries and lega l descri ptions sourced from LINZ .

ANNEXURE B

COMPUTER FREEHOLD INTEREST REGISTER

COMPUTER FREEHOLD REGISTER UNDER LAND TRANSFER ACT 1952

Search Copy

Identifier 663458 Land Registration District Wellington Date Issued 11 July 2014

Prior References WN562/113

Estate

WN58B/599

Fee Simple

Area 2.9300 hectares more or less

Legal Description Lot 1 Deposited Plan 477960

Proprietors Summerset Villages (Lower Hutt) Limited

Interests

WN935/47

R.W.Muir Registrar-General

of Land

Subject to a right (in gross) to drain water over patis marked A and Bon DP 477960 in favour of Hutt City Council created by Easement Instrument 9759414.6 - 11.7.2014 at 10:43 am

The easements created by Easement Instrument 9759414.6 are subject to Section 243 (a) Resource Management Act 1991

Appurtenant hereto is a right to drain water created by Easement Instrument 9759414. 7 - 11 . 7.2014 at 10:43 am

The easements created by Easement Instrument 9759414.7 are subject to Section 243 (a) Resource Management Act 1991

9857980.5 Mortgage to ANZ Bank New Zealand Limited - 16.1.2015 at 3:41 pm

Land Covenant in Easement Instrument 10622912.l - 18.11.2016 at 3:49 pm

10741019.17 Variation of Mortgage 9857980.5 - 13.4.2017 at 4:34 pm

7iw1sactio11 Id 53571062

Clie111 Refere11ce btes11adoOO!

Searc/1 Copy Dated /7104/ 18 9: 25 a111. Page I of/

Register 011/v

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Land District Wellinqton Datasel Type: Parcels without Survey Information

Lots 1-4 being subdivision of Lot 2 and Lot 3 DP 9241. Lot 1 and Lot 2 DP 91382, Lot 1 DP 24652. Section 1 SO 28604 and Part Section 38 Hutt District

Surveyor: Gary Charles Rawson

Firm Lucas Surveys Ltd DiQitally Generated Plan Generated on: 24/07/2014 2:26pm Page 3 of10

Title Plan LT 477960 Approved on : 24/07/2014

I rns I

ANNEXUREC

APPENDIX GENERAL RESIDENTIAL 21

City of Lower Hutt District Plan Page 52 of 52

Appendix General Residential 21

Housing. for the Elderly Area 32A Hathaway Avenue, Boulcott

City of Lower Hutt District Plan District Plan updated 27 March 2018

PDF created from electronic District Plan on 27 March 2018

ANNEXURE D

COMPLETENESS CHECK · PREPARED ON BEHALF OF THE APPLICANT

Section 88(2)(b) of the Resource Management Act 1991, as amended by the Resource Management Amendment Act 2103, requires that "an application for resource consent must include the information relating to the activity ... as required by Schedule 4".

In turn , Clause 2 of Schedule 4 states:

2. Information required in all applications: (1) An application for a resource consent for an activity (the activity) must include the following:

(a) a description of the activity; (b) a description of the site at which the activity is to occur; (c) the full name and address of each owner or occupier; (d) a description of any other activities that are part of the proposal to which the application relates; (e) a description of any other resource consents required for the proposal to which the application relates; (f) an assessment of the activity against the matters set out in Part 2; and (g) an assessment of the activity against any relevant provisions of a document referred to in section

104(1 )(b).

3. Additional information required in some applications: An application must also include any of the following that may apply: (a) If any permitted activity is part of the proposal to which the application relates, a description of the permitted

activity that demonstrates that it complies with the requirements, conditions, and permissions for the permitted activity (so that a resource consent is not required for that activity under section 87A(1 ).

In the following Table the Applicant identifies where the information required under Clause 2 and Clause 3 is to be found . Hence, the Table represents the Applicant's 'completeness check'.

TABLE: Completeness Check - Schedule 4 - Information Required

Clause Information Required Location of Information Provided

2(1)(a) A description of the activity. Form 9 (Clause 1) and AEE (Section 2.4) 2(1 )(b) A description of the site at which the activity will Form 9 (Clause 3) and AEE (Section 2.1)

occur. 2(1)(c) The full name and address of each owner and Form 9 (Clause 2)

occupier of the site. 2(1)(d) A description of any other activities that are part of N/A - no other activities other than those listed in the

the proposal to which the application relates. AEE at Section 2.4 are proposed . 2(1 )(e) A description of any other resource consents required N/A - no other land use consents are required under

for the proposal to which the application relates . the District Plan.

Consent is sought under the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (2011 ).

2(1 )(f) An assessment of the activity against the matters set AEE (Section 5.6) out in Part 2.

2(1)(g) An assessment of the activity against any relevant AEE (Section 5.5) provisions of a document referred to in section 104(1 )(b) .

3(a) Additional information required in some applications. In the opinion of the Applicant no additional information is required .

Assessment of Environmental Effects

6 and 7 Information required in assessment of environmental An assessment of environmental effects (AEE) effect. prepared in accordance with Clause 6, Schedule 4 is

attached to the application - refer Annexure E.

Section 1.4 of the AEE provides a description of where the information required (Clause 6) and the matters to be addressed (Clause 7) is found .

ANNEXURE E.

ASSESSMENT OF ENVIRONMENTAL EFFECTS (AEE) REPOR1

ASSESSMENT OF EFFECTS ON THE ENVIRONMENT

RETIREMENT VILLAGE

32A HATHAWAY AVENUE

BOULCOTT, LOWER HUTT

1 INTRODUCTION

1.1 PREAMBLE

Summerset Villages (Lower Hutt) Ltd ("Summerset") proposes to construct, occupy, use and maintain the application site and proposed buildings at 32A Hathaway Avenue, Boulcott for a retirement village ("housing for the elderly") .

Resource consent is applied for under the provisions of City of Lower Hutt District Plan, and more particularly under General Residential Activity Area Rule 4A.2.3(m). Under these provisions, the retirement village proposal requires assessment and resource consent as a restricted discretionary activity.

The purpose of this report is to provide an Assessment of Effects on the Environment (AEE) report as required by the Resource Management Act 1991 .

1.2 REPORT STRUCTURE

After this introduction, the report provides the following information:

Section 2 describes the site, proposal and recent planning history.

• Section 3 outlines the District Plan provisions applicable to the proposal and identifies the restricted matters for assessment.

Section 4 summarises the consultation that has been undertaken.

Section 5 provides a resource management assessment of the proposal.

Section 6 provides a notification assessment.

Section 7 provides a conclusion.

1.3 ASSESSMENT OF ENVIRONMENTAL EFFECTS

An Assessment of Environmental Effects (AEE) is required under s88 of the Resource Management Act 1991 (the Act) for an application for resource consent, as specified in Schedule 4. In turn, Schedule 4 at Clause (3)(c) states that the AEE must include:

" ... such detail as corresponds with the scale and significance of the effects that the activity may have on the environment".

This AEE has been prepared in response to this requirement.

Summerset Boulcott - Proposed Retirement Village - 32A Hathaway Avenue, Lower Hutt Assessment of Environmental Effects Prepared by Urban Perspectives Ltd I Apnl 2018

1.4 SCOPE OF ASSESSMENT OF ENVIRONMENTAL EFEFCTS

Schedule 4, as amended by the Resource Management Amendment Act 2013, lists at Clause 6 the information required in an assessment of environmental effects as follows:

1.4.1 Clause 6 - Information Required

1(a) if it is likely that the activity will result in any significant adverse effects on the environment, a description of any possible alternative locations or methods for undertaking the activity

The retirement village is proposed for a site specifically identified in the District Plan as suitable for "housing for the elderly" following a publicly notified plan change process (Private Plan Change 35) which was made operative on 18 January 2017. Accordingly, it is not necessary to consider possible alternative locations or methods.

1 (b) an assessment of the actual and potential effects on the environment of the activity

The AEE at Section 5.4 provides an assessment of the actual and potential effects on the environment in relation to:

• urban design effects; • visual amenity effects;

landscape effects; • traffic effects; • shading and wind effects;

infrastructure effects; noise effects; natural hazard effects;

• cultural effects; • archaeological effects; • temporary construction-related effects; and • positive effects.

1(c) if the activity includes the use of hazardous substances and installations, an assessment of any risks to the environment that are likely to arise from such use

Not applicable. The proposed activities associated with the proposed retirement village will not involve the storage and use of hazardous substances.

1 (d) if the activity includes the discharge of any contaminant. A description of -(i) the nature of the discharge and the sensitivity of the receiving environment to adverse

effects; and (ii) any possible alternative methods of discharge, including discharge into any other

receiving environment

Measures will be put in place to manage the potential for adverse effects I discharges of dust and or sediment during the construction of the retirement village.

1(e) a description of the mitigation measures (including safeguards and contingency plans where relevant) to be undertaken to prevent or reduce the actual or potential effect

Post construction and prior to occupation of the retirement village an "emergency evacuation plan" will be prepared to provide appropriate safeguards and contingency plans in the event of any natural hazard event.

1 (f) identification of the persons affected by the activity, any consultation undertaken, and any response to the views of any person consulted

This matter is addressed in Section 4 of the AEE.

I


2

1(g) if the scale and significance of the activity's effects are such that monitoring is required, a description of how and by whom the effects will be monitored if the activity is approved

No on-going monitoring will be necessary.

1 (h) if the activity will, or is likely to, have adverse effects that are more than minor on the exercise of a protected customary right, a description of possible alternative locations or methods for the exercise of the activity (unless written approval for the activity is given by the protected customary rights group)

Not applicable. No protected customary rights will be affected. Consultation with iwi has been undertaken - refer Section 4 of the AEE.

1.4.2 Clause 7 - Matters to be Addressed

Schedule 4, as amended by the Resource Management Amendment Act 2013, lists at Clause 7 the matters that must be addressed by the assessment of environmental effects. They are:

1(a) any effect on those in the neighbourhood and, where relevant, the wider community, including any social, economic, or cultural effects

This matter is addressed in Section 5.4 of the AEE.

1(b) any physical effect on the locality, including any landscape and visual effects

This matter is addressed in Section 5.4 of the AEE in relation to visual amenity, landscape and streetscape effects.

1(c) any effect on ecosystems, including effects on plants or animals and any physical disturbance of habitats in the vicinity

Not applicable. Notwithstanding that a small number of existing trees will be removed, there will be no material effect on any ecosystem or habitat. The site was formerly part of the Boulcott's Farm Heritage Golf Course and consisted of fairways and greens, and associated clubrooms and hard surface car parking.

1(d) any effect on natural and physical resources having aesthetic, recreational, scientific, historical, spiritual or cultural value, or other special value, for present or future generations

Part of the site is known to have had pre-European and early European occupation and use. Archaeological and cultural assessments have been undertaken.

1(e) any discharge of contaminants into the environment, including any unreasonable emission of noise, and the options for the treatment and disposal of contaminants

There will be no discharge of contaminants associated with the proposed retirement village. Emission of noise, including noise from on-site servicing activities, will be managed through the imposition of a servicing management plan. All fixed plant will be installed and operated to achieve full compliance with the noise standards applicable to the General Residential Activity Area.

1 (f) any risk to the neighbourhood, the wider community, or the environment through natural hazard or the use of hazardous substances or hazardous installations

This matter is addressed in Section 5.4.7 of the AEE in relation to natural hazards.

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Summerset Boulcott - Proposed Retirement Village - 32A Hathav1ay Avenue, Lower Hutt Assessment of Environmental Effects Prepared liy Urban Perspectives Ltd I April 2018

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2 SITE, CONTEXT AND PROPOSAL

2.1 SITE

The 2.93 hectare site was created in 2014 and has a street address of 32A Hathaway Avenue, Boulcott, Lower Hutt. 1

The eastern end of the site currently contains the Boulcott's Heritage Farm Golf Club 's former clubhouse, a car parking area and associated internal roading. The western end of the site is former golf course land and is an undulating grassed area with some mature vegetation, along with a small group of trees and shrubs on the boundary with Hathaway Avenue properties, notably in the vicinity of 30A, 32A and 34 Hathaway Avenue There is a small, now redundant, stopbank along the boundary with Boulcott School.

The site can be legally accessed from Boulcott Street, Military Road and Hathaway Avenue.

Currently, Military Road and Boulcott Street provide vehicle access. The Hathaway Avenue 'frontage' is a narrow strip of land located between 32 and 34 Hathaway Avenue and is currently occupied by the redundant stopbank and mature vegetation.

At the time of preparing this application the former BFHGC clubhouse was still present on the site, as well as the associated car parking area. In 2015 the BFHGC was granted resource consent to construct a new club house within 33 Military Road (the golf course site). The new clubhouse was occupied in March 2018. In due course, the existing clubhouse building will be demolished. This is likely to occur during 2020-2 1. In the meantime, the expectation is that the clubhouse will be occupied as the site office for the first stages of the earthworks and of the construction of the retirement village.

PHOTO 1: former BFHGC Clubrooms

1 Some documents may also list the site as 33 Military Road - see, for example, the aerial photograph at Annexure A of Form 9.

Summerset Boulcott - Proposed Retirement Village 32A Hathaway Avenue. Lower Hutt Assessment of Environmental Effects Prepared by Urban Perspectives Ltd I Aprrl 2018

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2.2 SURROUNDING AREA

To the north of the site is the BFHGC golf course. The golf course runs the entire length of the application site 's northern boundary. Between the golf course and the application site is a 4.5m high stopbank recently constructed by the Greater Wellington Regional Council. The stopbank veers away from the site's northern boundary at the eastern end of the site.

On the south side of the site are a number of residential properties and Boulcott School. The Hathaway Avenue residential properties are in the Special Residential Activity Area; 2 and the Boulcott School and Boulcott Street residential properties are in the General Residential Activity Area. 3

A description of the 'character' of the surrounding area is provided in the urban design assessment undertaken by Ian Munro where, in summary, it is noted that

"The wider neighbourhood is a well-established residential area comprised predominantly of 1 to 2 storey detached family dwellings ... a wide variety of vegetation is obvious within the streetscapes, often privately owned but of sufficient size to lend substantial amenity to the streets". 4

Mr Munro concludes his description of the character of the wider neighbourhood with the statement that

"Overall, I would characterise the wider development as a well-established inner-city suburb with a rich character and high amenity values". 5

2.3 SITE HISTORY

The area of land within the site was used for over 50 years by the Boulcott Golf Club and Hutt Golf Club. Consistent with the golf clubs' use, under the operative District Plan the site was zoned General Recreation Activity Area.

In September 2010 a Notice of Requirement and associated resource consents were granted to the Greater Wellington Regional Council (GWRC) for the construction of a new stopbank for flood protection purposes. The new stopbank significantly affected the layout of the two separate golf courses and, as a consequence, the two clubs amalgamated to form the new Boulcott's Farm Heritage Golf Club (BFHGC) . A condition on the Notice of Requirement required the GWRC to 'reinstate' the new golf course.

Even prior to the construction of the new stopbank, the application site has had extensive earthworks associated with golf club purposes. This has included the formation of greens, bunkers, paths, landscaping, vehicle access, car parking and the golf club clubhouse.

Following the construction of the new stopbank, the BFHGC declared the site as 'surplus ' to its future requirements as a consequence of it being separated from the re-established golf course. The area declared surplus by BFHGC was located on the 'protected' (south) side of the new stopbank. The new stopbank protects the site from a 440 year flood in the Hutt River.

Summerset purchased the land in 2013.

2 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22 , 22A, 24, 24A, 26, 26A, 28, 30, 30A, 32 and 34 Hathaway Avenue. Summerset owns 10, 12, 14, 28 and 30A Hathaway Avenue.

3 1, 3, 5 and 7 Boulcott Street and Boulcott School (9-21 Boulcott Street). 3 Boulcott Street comprises three units , 5 Boulcott Street two units and 7 Boulcott Street three units.

4 Ian Munro, Urban Design Assessment, April 2018, page 9. 5 Op cit, page 9.

Summerset Boulcott - Proposed Retirement 'lillage - 32A Hathaway Avenue. Lower Hutt Assessmenl of Environmental Ettecls Prepared by Urban Perspectives ltd I Apnl 2018

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2.3.1 Private Plan Change 35

In September 2014 Summerset Villages (Lower Hutt) Ltd made a request to Hutt City Council for a private plan change to rezone the site from General Recreation Activity Area to General Residential Activity Area.

Private Plan Change 35 (PPC35) was made operative on 18 January 2017.

As a consequence of PPC35, the site is now zoned General Residential Activity Area, with specific provision for a retirement village - refer Appendix General Residential 21 on the following page.

Specific detail on the now operative District Plan provisions is provided in Section 3 below.

2.3.2 Resource Consents - Boulcott's Farm Heritage Golf Club

In 2014 parts of the western side of the application site were subject to the removal of topsoil by the BFHGC. Resource consent was granted retrospectively for this work.

The BFHGC has been granted two other resource consents:

(a) in 2013, following an appeal to the Environment Court that was resolved in mediation, consent was granted to construct a new car park within the golf course land to the east of the application site. The car park has been constructed and is now used by BFHGC members; and

(b) in 2016 to construct a new clubhouse. The new clubhouse is located approximately 70m to the north of the north-eastern corner of the application site (refer Photo 2 below).

PHOTO 2: BFHGC Clubhouse (with the former clubhouse in the right background)

2.3.3 Resource Consents - Summerset

Summerset was granted resource consent in 2016, following an appeal to the Environment Court that was resolved in mediation, to construct four dwellings on 10 -14 Hathaway Avenue. 10-14 Hathaway Avenue, which are immediately adjacent to the application site at its eastern end , are currently 'vacant' sites that have until recently been used as golf club car parking. The dwellings have not yet been constructed, but the resource consent will be implemented if the current application is successful. An image of the proposed dwellings is provided on the following page.

Summerset Boulcott - Proposed Retirement Village 32A Hathaway Avenue. Lower Hutt Assessment of Environmental Effects Prepared by Urban Perspectives Ltd I Apnl 2018

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City of Lower Hutt District Plan Page 52 of 52

Appendix General Residential 21

/

Housing f,or the El,derly Area 32A Hathaway Avenue, Boulcott

City of Lower Hutt District Ptan District Plan updated 27 March 2018

PDF created from electronic District Plan on 27 March 2018

........

street front perspective nts

Project: ISSUE: Date: Comments:

Summerset Houses 11.12.15 Preliminary Design Issue

For: Summerset

At: 10-14 Hathaway Ave. lower Hutt

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Scale: 1:50

Original size: A3

Date: 11th December 2015

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Drawing:

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Stage of Documentation:

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Project number:

1540 Drawing number / Issue:

PD1.04

Summerset was granted resource consent in March 2018 for earthworks on the western half of the site. The proposed earthworks are necessary to achieve appropriate ground levels for urban development and to remove the existing redundant stopbank.6 These earthworks are planned for the final quarter of 2018.

2.4 PROPOSAL

The proposal is to develop and use the site for a retirement village ("housing for the elderly") as described in the Architect's Design Statement (refer Appendix 1) and shown on the application plans.

The main features of the proposal are as follows:

a two-way vehicle access crossing will be constructed on the Boulcott Street and Military Road frontages to enable vehicle access to and from the site. An entrance structure, gates and signage is proposed at both frontages;

• a two-way hard surface driveway will be constructed through the site to enable efficient, convenient and safe vehicle flow;

retirement village foundations, buildings, structures, services and recreational facilities (including a bowling green) will be constructed;

the village will be appropriately fenced , paved and landscaped. Close-boarded fencing is proposed along the boundaries with the residential sites and Boulcott School;

when fully completed, it is anticipated that there will be 42 villas (self-contained residential units), 109 self-contained apartments, 53 serviced apartments, 30 care rooms, and 10 memory care rooms. The exact final mix will be subject to the detailed building design process and may to a limited extent change to best meet the accommodation needs of the community.

Further detail on the 'make-up' and operation of the retirement village is provided in the "Operator's Statement" (refer Appendix 2).

It is anticipated that the retirement village will be constructed in 6 stages (refer Appendix 3) over a period of up to 5 years. A 7 year lapse period (as opposed to the standard 5 years) for the resource consent is therefore sought.

In terms of construction, the following should be noted:

staging will depend upon the take-up rate of the units; and

construction vehicle access will be maximised via Harcourt Werry Drive. Vehicle access across the golf course to the site from Harcourt Werry Drive has been agreed to by the BFHGC. 7

6 The consent (RM170268) was granted without requiring public or limited notification. The Decision Report records that the Council granted consent for the following reasons :

1. There are no persons that the Council considers to be adversely affected by the proposal. 2. The proposal is consistent with the policies and objectives of the city's District Plan. 3. The proposal is consistent with the purposes and principles of Part 2 of the Resource Management Act 1991. 4. The Council has given due regard to the New Zealand Coastal Policy Statement, any national, regional or

proposed regional policy statement and any other regulations in reaching its decision. The Council considers there are no other relevant matters that need to be dealt with.

5. The applicant has offered and adopted a suite of consent conditions that will ensure that any potential adverse effects will be less than minor.

Summerset Boulcott - Proposed Retirement Village · 32A Hathaway Avenue, Lower Hutt Assessment of Environmental Effects Prepared by Urban Perspectives Lid I Apnl 20 18

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Fig 1: proposed heavy vehicle access from Harcourt Werry Drive to the appl ication site

2.5 ADDITIONAL INFORMATION

Additional information on the various details of the retirement village, and the effects it may have on the environment, is contained in the various appendices listed below:

Appendix 1: Architect's Design Statement

Appendix 2: Operator's Statement

Appendix 3: Staging Plan

Appendix 4 Compliance Audit

Appendix 5: Written Approvals

Appendix 6: Transportation Assessment

Appendix 7: Urban Design Assessment

Appendix 8: Shading Analysis

Appendix 9: Wind Assessment

Appendix 10 Landscape Report

Appendix 11 : Civil Engineering Preliminary Design Report

Appendix 12: Emergency Evacuation Plan (Example)

Appendix 13: Cultural Impact Assessment Report

7 This route across the golf course is the same as that used by the Greater Wellington Regional Council during the construction of the new stopbank.

Summerset Boulcott - Proposed Retirement Village - 32A Hathaway Avenue, Lower Hutt Assessment of Environmental Effects Prepdred by Urban Perspectives Lid I Apnl 2018

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Appendix 14: Record of Consultation with Te Ronanga o Toa Rangatira Inc

Appendix 15: Archaeological Assessment

Appendix 16: Earthworks Consent RM170268

Appendix 17: Civil Works Construction Management Plan

Appendix 18: Potential Residential Subdivision


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3 DISTRICT PLAN PROVISIONS

3.1 PLAN PROVISIONS AND OVERVIEW

As noted above in Section 2.3, the provisions in the operative District Plan applicable to the site are those that resulted from Private Plan Change 35 (PPC35), which became operative on 18 January 2017.

The applicable rule is Rule 4A 2.3(m) - Restricted Discretionary Activities - as follows:

(m) Housing for the Elderly within the area identified in Appendix General Residential 21, including buildings and structures which: 8

(i) provide a building setback of no less than 5m from all Residential Activity Area boundaries, including that of Boulcott School; and

(ii) otherwise comply with the permitted activity conditions relating to maximum site coverage, maximum length of buildings, recession planes, yard requirements, required permeable surface and not those permitted activity conditions relating to height provided that:

(a) the length of the northern boundary identified in Appendix General Residential 21 shall be exempt from the maximum length of building and recession plane activity conditions; and

(b) for conditions that refer to 'net site area' this term shall be replaced with 'site area '.

3.1.1 Policy Overview

The policy context for the site identified on Appendix General Residential 21 was confirmed through the PPC35 process. PPC35 added two further policies under Objective 4A 1.2.1 specific to the site subject to the present application.

Objective 4A 1.2.1

To avoid, remedy or mitigate adverse effects caused by building height, intensity and location on the amenity values of adjacent residential sites and the residential character of the surrounding area. 9

PPC35 added the following two policies to 4A 1.2.1:

(I) To enable a comprehensively designed Housing for the Elderly development, within the area identified in Appendix General Residential 21, that demonstrates positive, varied and visual interest in the form and layout of the development, while ensuring that development achieves the following:

(i) development adjacent to a Residential Activity Area boundary is compatible with the scale, location and form of development on existing Residential Activity Area properties;

(ii) development adjacent to the Boulcott School boundary is of a scale and form that responds to the existing scale and intensity of development on the school site;

8 The District Plan defines "Housing for the Elderly" as: a building or part of a building used as a home under the Old People's Homes Regulations 1987 or any Regulation in substitution thereof. It includes old people's homes, rest homes, pensioner housing developments, retirement villages and associated ancillary facilities such as medical, recreational and other communal facilities which offer an exclusive service to the residents of the Home for the Elderly [emphasis added]

9 This objective was part of the Operative District Plan pre PPC35.

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(iii) in achieving (i) and (ii) above, development should be planned and designed, constructed and managed in a manner that contributes to a positive relationship to its neighbours through good urban design.

(m) To enable, for a development where (I) above applies, larger buildings taller than the permitted height of Bm in the General Residential Activity Area to recognise the large site and the opportunity to take advantage of views across the Lower Hutt Golf Course from the edge of the new stopbank where the layout, massing, arrangement and design of all buildings is demonstrated in a comprehensive development to achieve:

(i) all aspects of Policy (/) above;

(ii) an appropriate urban design response to the wider context so that the coherence of the adjoining neighbourhood's urban form is not adversely affected to an inappropriate manner;

(iii) appropriate visual permeability across the site;

(iv) an attractive and well designed edge treatment when viewed from the new stopbank and avoids buildings that have an inappropriate length or mass.

In addition the two site-specific policies under Objective 4A 1.2.1 inserted by PPC35, other General Residential Activity Area objectives and policies that may be relevant to an overall assessment of the proposed retirement village are:

4A 1.1.1 Residential Character and Amenity Values

Objective

To maintain and enhance the amenity values and residential character of the General Residential Activity Area of the City.

Policy

(a) That opportunity be provided for a diversity of residential activities.

(d) That adverse effects arising from noise, dust, glare, light spill and odour be managed.

(e) That vegetation and trees which add to the particular amenity of the area be retained where practicable.

4A 1.2.1 Building Height, Scale, Intensity and Location

Objective

To avoid, remedy or mitigate adverse effects caused by building height, intensity and location on amenity values of adjacent residential sites and the residential character of the surrounding residential area.

Policies under Objective 4A 1.2.1 that may be relevant are:

Policy

(c) To ensure all new development is of a height and scale, which is compatible with surrounding residential development.

(d) To ensure a progressive reduction in height of buildings the closer they are located to a site boundary, to maintain adequate daylight and sunlight to adjoining properties.

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(e) To manage the siting of all buildings so as to minimise detraction from the character and visual attractiveness of the surrounding residential area.

(f) To manage the siting of all buildings so as to minimise detraction from amenities of adjoining properties.

(g) To establish a minimum permeable surface to assist with the sustainable management of stormwater.

U) To ensure that the developments are in general accordance with the Design Guide for Medium Density Housing (Appendix 19) to control other aspects of design such as quality of onsite amenity, integration of buildings and landscaping in respect to open space and compatibility with surrounding development patterns and low environmental impact.

Note: Policies (I) and (m) under 4A 1.2.1 are specific to Appendix General Residential 21 . They are the two policies introduced under PPC35. Given that they are 'site-specific ' policies it considered that they should be given most weight in any overall assessment of the proposed retirement village.

Drawing on the above objectives and policies, those that are specific to the Appendix General Residential 21 site and those that are applicable throughout the General Residential Activity Area, several 'themes ' can be identified as follows: 10

(a) achieving a development, in this case a comprehensively planned retirement village, that is varied and visually interesting in form and which is compatible with the scale, location and form of development on: (a) existing Residential Activity Area properties; and (b) Boulcott School;

(b) a development on the site that contributes to a positive relationship with its neighbours through good urban design; and

(c) enabling larger buildings taller than the permitted activity Bm height, while ensuring:

that the neighbourhood's urban form is not adversely affected to an inappropriate manner;

an appropriate degree of visual permeability is maintained through and across the site; and

that buildings with an inappropriate length or mass are avoided.

In addition, and drawing on the policies for the wider General Residential Activity Area, development of the site should also:

(d) provide for a progressive reduction in building height and bulk closer to the site boundaries to maintain adequate daylight and sunlight to adjoining properties;

(e) ensure that buildings and spaces are designed and planned in a coherent and integrated manner (Design Guide for Medium Density Housing) so as to provide quality on-site amenity.

10 The reference to 'themes' is a reference to Living Earth Ltd v Auckland Regional Council [CA651 /2007], with the Court of Appeal recording that:

" ... dealing with the planning instruments on a thematic basis seems to us to have been entirely sensible and desirable ... ".

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It is these themes or 'intentions ' that collectively establish the overall planning framework against which the proposed retirement village can be assessed. This assessment is provided in Section 5 of this AEE report.

3.1.2 Rule 4A 2.3 and Rule 4A 2.3.1

3.1.2.1 Rule 4A .2.3 - Restricted Discretionary Activities

Rule 4A 2.3(m), which was introduced into the operative District Plan by PPC35 states :

(m) Housing for the Elderly within the area identified in Appendix General Residential 21, including buildings and structures which:

(i) provide a building setback of no less than Sm from all Residential Activity Area boundaries including that of Boulcott School; and

(ii) otherwise comply with the permitted activity conditions relating to maximum site coverage, maximum length of buildings, recession planes, yard requirements, required permeable surface and not those permitted activity conditions relating to height provided that:

(a) the length of the northern boundary identified in Appendix General Residential Area 21 shall be exempt from the maximum length of building and recession plane permitted activity conditions; and

(b) for conditions that refer to 'net site area ' this term shall be replaced with 'site area'.

3.1.2.2 Rule 4A 2.3.1- Matters in which Council has Restricted its Discretion and Standards and Terms

(n) Housing for the Elderly within the area identified in Appendix General Residential 21

The presumption of non-notification in Rule 17.2.2 does not apply to this rule.

The heading for each class of effects listed provides the scope of the discretion to address any effects of the development of that class. The rest of the text draws attention to particular aspects of that class that will need to be carefully considered. The activity must also meet the standards or conditions in 4A 2.3(m.)

The 'class of effects' listed are:

(i) Traffic Effects

The safe and efficient movement of all vehicle and pedestrian traffic needs to be ensured. It should be demonstrated that traffic generation and vehicles entering and leaving the site will not adversely affect normal traffic flows on the road, or cause a vehicle or pedestrian hazard. Provision should also be made for pedestrians.

(ii) Parking Effects

The extent to which the proposal appropriately provides for the vehicle parking needs of the activity, without adversely affecting the vehicle parking requirements of the surrounding neighbourhood, as demonstrated through the provision of a parking management plan.

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(iii) Construction Effects

Consideration shall be given to potential construction noise, traffic, dust, sediment runoff and vibration effects on the immediate residential area, including Boulcott School and Kindergarten. This consideration shall include:

(a) consistency with NZS 6803: 1999; (b) consistency with BS 5228-2:2009 Code of Practice for noise and vibration control on

construction and open sites; (c) the provision of a construction traffic management plan; (d) the provision of a construction noise management plan.; and (e) the provision of a communication and liaison plan.

(iv) Urban Design Effects, Architectural Treatment, Effects on Amenity and Character Values and Wind Effects

(a) The extent to which the proposal would adversely affect the amenity and character values of the surrounding residential and recreational area, including:

(i) the effects of buildings and structures on neighbouring and surrounding residential and recreational sites, Boulcott School and Boulcott Kindergarten, and, in particular, the location, design, appearance, bulk, spacing and articulation of buildings;

(ii) whether the proposal would cause significant loss of sunlight, daylight or privacy on adjoining residential properties and Boulcott School; and

(iii) the degree to which the proposal meets the Design Guide for Medium Density Housing (Appendix 18).

(b) The degree to which Policies 4A 1.2.1 (I) and (m) are met.

(c) Consideration shall include onsite amenity, including the management of onsite wind effects.

(v) landscape Effects and landscape Design

Special consideration should be given to landscape design that manages the visual impact including on edges where existing vegetation affords privacy.

(vi) Noise Effects

Consideration shall be given to potential operational noise effects.

(vii) Infrastructure Provision including Infrastructure Capacity and Capability and Stormwater Management

Consideration shall be given to:

(a) the capacity of the pump station and provision of a pump station emergency management plan;

(b) the capacity within stormwater pipework from both within the site and Hathaway Avenue, including overland flow paths from Hathaway Avenue;

(c) the provision of a secondary flow path along the stopbank and serving Hathaway Avenue;

(d) the provision of a 100-year piped stormwater system and secondary flow path to serve 18 to 28A Hathaway Avenue; and

(e) final design for fire water meeting the appropriate Wellington Water regional water standard.

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(viii) Natural Hazards

(a) The extent to which the proposal addresses the following risks to the site:

(i) liquefaction; (ii) fault rupture; and (iii) residual flood risks above a 1 in 100 year flood or stopbank breach or failure.

(b) Ensuring that the ongoing structural integrity of the flood protection system is not compromised.

(c) Addressing Emergency Evacuation Planning.

(ix) Effects on Tangata Whenua Values

Consideration shall be given to the extent to which the proposal addresses tangata whenua values, including through the provision of cultural impact assessments.

(x) Archaeological Values

Consideration shall be given to any adverse effects on archaeological sites.

(xi) Positive effects arising from provision of Housing tor the Elderly in a comprehensively planned development.

3.2 COMPLIANCE ASSESSMENT

The proposed retirement village has been assessed for compliance with the post-PPC35 operative District Plan provisions (refer Appendix 4) and the following conclusions reached:

(b) the proposal complies with the site area, recession plane, site coverage, length of building and permeable surface standards;

(c) the proposal complies with the parking and on-site servicing standards;

(d) the proposal will comply with the dust, odour, light spill and vibration standards;

(e) the proposal complies with the General Rules in Chapter 14, except for:

(i) in relation to the size of the proposed entrance signs at the Boulcott Street and Military Road entrances . These signs exceed the permitted 1 m2 standard; and

(ii) earthworks associated with the construction of the village (as distinct from the bulk earthworks that were the subject of the separate application for resource consent referred to in Section 2.3.3 above).

Consent is also required under the provisions of the National Environmental Standard tor Assessing and Managing Contaminants in Soil to Protect Human Health (2011 J for the remediation of a potentially contaminated site.

3.3 DISTRICT PLAN SUMMARY

The proposed retirement village requires consent under the operative Hutt City District Plan as follows:

1. under Rule 4A 2.3(m) for the proposed buildings and activity ("housing tor the elderly") within the area identified in Append ix General Residential 21 as a Restricted Discretionary Activity. Discretion is restricted to the matters listed above in Section 3.1 .2.2, including the degree to which the proposal meets the Design Guide for Medium Density Housing;

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2. under Rule 141 2.2 for site earthworks associated with forming building foundations, driveways, roads, the bowling green, gardens etc as a Restricted Discretionary Activity; and

3. under Rule 148 2.4(a) for the proposed entrance signs as a Discretionary Activity .

3.3.1 Other Consents

In addition to the consents required under the District Plan, consent is also required under the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health for the proposed earthworks on potentially contaminated land.

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4 CONSULTATION

4.1

In addition to pre-application consultation with the Council's planning advisors, in the lead-up to preparing the resource consent application consultation has also been undertaken with:

1. Residential neighbours adjacent to the site.

2. Boulcott School and Boulcott Kindergarten

3. Boulcott Preservation Society Inc. 11

4. Greater Wellington Regional Council.

5. Wellington Water.

6. Tangata Whenua.

WRITTEN APPROVALS

Written approvals have been provided for the following residential properties:

3B Boulcott Street

8 Hathaway Avenue

16 Hathaway Avenue

18 Hathaway Avenue

24A Hathaway Avenue

26A Hathaway Avenue

28 Hathaway Avenue

30A Hathaway Avenue

32 Hathaway Avenue

24 Hathaway Avenue

Copies of the above written approvals are provided in Appendix 5. 12

In addition to the properties for which written approvals have been provided, it is noted that:

(a) Summerset owns the following properties: 10, 12,14, 28 and 30A Hathaway Avenue; and

(b) Summerset previously owned 24A Hathaway Avenue (Lot 2 DP 57149) and 26A Hathaway Avenue) (Lot 2 DP21909) . The titles to both properties are subject to a "Land Covenant in Easement Instrument" (Instrument 10622912.1) which requires the owners to provide a written approval subject to the proposed retirement village complying with the restrictions listed in Schedule 1 to the Instrument. A copy of Instrument 10622912.1 is included in Appendix 5. As recorded above, both written approvals have been provided.

A written approval has also been provided by the Boulcott's Farm Heritage Golf Club, also included in Appendix 5.

11 An independently facilitated meeting was held with the BPS on Tuesday 5 December 2017. 12 These are the written approvals provided to the Applicant at the time of lodgement of the resource consent

application with the Hutt City Council (19 April 2018). It is anticipated that further written approvals may be provided. These will be copied to Council upon receipt.


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5 RESOURCE MANAGEMENT ASSESSMENT

5.1 SECTION 104C AND 1048 OF THE RMA

Section 104C of the Act states that when considering an application for resource consent for a restricted discretionary activity, a consent authority must consider only those matters over which it has restricted the exercise of its discretion in its plan or proposed plan.

Section 1048 of the Act states that when determining applications for discretionary activities that a consent authority may grant or refuse the application and, if it grants the application, may impose conditions under section 108.13

These two sections of the Act, s1048 and s104C, provide the statutory context for the assessment of the application.

5.2 PERMITTED BASELINE

The permitted baseline consists of the activities that could be undertaken without requiring resource consent under the General Residential Activity Area rules. The District Plan includes dwelling houses as a permitted activity, subject to meeting bulk and location permitted activity conditions. However, the District Plan requires resource consent for residential development of three or more dwellings on a site . As such, the permitted baseline consists of the erection of two dwellings, along with other activities such as child care centres and residential facilities for 8 - 10 people, as listed in Chapter 4A 2.1.

A subdivision consent would be required to create multiple lots allowing 'permitted' residential development. It is considered reasonable to consider as an "other matter" under 104(1 )(c) the likely result, if resource consent was not sought or granted for a retirement village, of a large-scale residential subdivision being sought as a controlled activity, with the subsequent permitted construction of houses as a permitted activity, subject to compliance with the applicable standards such as site coverage and building height.

5.3 OVERALL ASSESSMENT APPROACH

The approach taken to this section of the AEE is to:

assess the environmental effects of the proposal (5.4 below); • assess the proposal against the District Plan policies (5.5 below); • assess the proposal against Part 2 of the Act (5.6 below); • assess any other relevant "other matters" under s104(1)(c) should be had regard to (Section 5.7

below); • assess s104C matters (5.8 below); and

assess 108 matters (5.9 below).

5.4 ASSESSMENT OF ENVIRONMENTAL EFFECTS

The assessment of environmental effects is set out in accordance with the restricted discretionary matters set out in Section 3.2.1 of this report. Prior to setting out the restricted discretionary matters the District Plan in 4A 2.3.1 (n) makes the following statement:

T/1e heading for each class of effects listed provides the scope of the discretion to address any effect of the development in that class. The rest of the text draws attention to particular aspects of that class that

13 Consent is required for a Discretionary Activity for the proposed entrance signs; whereas the retirement village itself requires consent for Restricted Discretionary Activity.

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will need to be carefully considered. The activity must also meet the standards or conditions in 4A 2.3 (m).

Rule 4A 2.3.1 then lists, in the following order, the matters over which discretion is restricted:

traffic effects parking effects construction effects urban design effects landscape effects and landscape design noise effects infrastructure provision including infrastructure capacity and stormwater management natural hazards effects on tangata whenua values effects on archaeological values pas itive effects

The assessment summaries that follow are presented in the same order (with the exception of construction effects). Each section commences by identifying (italic text) the scope of the restricted discretionary matter.

5.4.1 Traffic Effects

4A.2.3.1 (n)(i)

The safe and efficient movement of all vehicle and pedestrian traffic needs to be ensured. It should be demonstrated that traffic generation and vehicles entering and leaving the site will not adversely affect normal traffic flows on the road, or cause a vehicle or pedestrian hazard. Provision should also be made for pedestrians.

The traffic and transportation effects of the proposal have been assessed by Traffic Design Group (TOG) and a copy of the full report "Transportation Assessment Report" is attached at Appendix 6. The report should be referred to for the full assessment of traffic related effects. This includes an assessment of construction traffic and an assessment of all relevant transport permitted activity criteria contained in Chapter 14A of the District Plan.

The site has two vehicle entrances, both of which are two way. The main entrance is off Boulcott Street and it is anticipated that approximately three-quarters of the traffic will use this entrance. All deliveries and servicing of the site will be undertaken via the Boulcott Street entrance.

Key conclusions from the TOG assessment report are:

Access

Refer TOG Report, Section 9.

Each access has been designed to safely interface with the public road. Primary access, including for all deliveries and servicing of the site, will be from Boulcott Street. The Military Road access will be a secondary access.

No access is intended from Hathaway Avenue.

An internal village road connects between Boulcott Street and Military Road and variously provides access to the village build in gs and the on-site parking .

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Pedestrian access to and from the village will be available at both the Boulcott Street and Military Road entrances. Within the village, pedestrians will be accommodated on pathways and also as shared users on the internal road .

Parking

Refer Section 5.4.2 below.

Servicing


The need for deliveries and other service vehicle movements to and from a retirement village is modest and relates predominantly to kitchen supplies and waste removal, involving generally only two trucks per day, of up to medium rigid truck size (8m in length) .

For the Boulcott village, all deliveries and service vehicles will be via the Boulcott Street entrance, which has been designed accordingly.

Within the site, truck deliveries and pick-ups will be made to and from a dedicated loading bay positioned to the rear of the main administration building , with access to and from the internal road - refer Figure 7 at page 26 of the TOG Report.

Other van deliveries and visits by ambulances will occur at the main building entry - refer Figure 8 at page 27 of the TOG Report.

It is proposed that servicing and deliveries by truck are restricted to hours outside of Boulcott School 's busy pick-up and drop-off times. To this end, the Applicant proposes that a consent condition requiring the preparation and approval of a Servicing Management Plan (SMP) be imposed on the consent, to include, among other matters , the timing of servicing and deliveries, including waste collection.

Construction Traffic


Four stages of construction are proposed (from west to east) , spread over an approximate four year construction period.

Throughout all construction stages truck access will be from Harcourt Werry Drive and across the golf course. Trucks will not use the local Boulcott road network for construction access.

Other trades vehicles and staff vehicles will access the site from Boulcott Street for Stage 1 and from Military Road for Stages 2, 3 and 4.

To manage effects associated with construction traffic it is proposed to develop a construction traffic management plan (CTMP) for approval by the Hutt City Council to cover, at a minimum, the following matters:

staging of works;

construction traffic volumes;

site access arrangements;

hours of construction traffic movements;

temporary traffic management and control;

pre-condition assessment of the local Boulcott roads ;

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construction staff numbers and parking arrangements;

pedestrian safety; and

plan implementation, including procedures for receiving and handling complaints.

A consent condition should be imposed on the consent to secure the preparation and approval of the CTMP prior to any construction activities commencing on the site.

Conclusion

The overall conclusion(s) reached by TOG are as follows:

It is assessed that the proposed village development is likely to generate daily site traffic of around 620 vehicle movements per day, being approximately equivalent to a standard residential development across the same site, as also enabled by DPC35.

Vehicular access to the site is planned via Boulcott Street and Military Road. Particular analysis has been undertaken to determine the likely level of change at the Boulcott Street/High Street and Military Road/High Street intersections, for both standard residential development of the site and a retirement village development. The analysis shows that both intersections already experience longer delays for turning traffic at peak times and that both forms of development will contribute to declining performance for all existing and future users, from which it has been identified that the Boulcott Street intersection with High Street be upgraded to traffic signals. The Applicant continues to consult with HCC as to the means and timing of this upgrade, including cost responsibilities.

The development also intends an upgrade at the cul-de-sac end of Boulcott Street in the form of a standard turning head that will formalise turning at the end of the street, to the benefit of existing and future users.

The arrangements for access, parking and servicing are assessed as meeting the various relevant provisions of the operative District Plan (incorporating DPC39), with traffic outcomes that match the needs of the village development.

With the design as proposed, and with volunteered conditions, it is assessed that the village development would give rise to no more than minor traffic effects.

5.4.2 Parking Effects

4A 2.3.1(n)(iv)

The extent to which the proposal appropriately provides for the vehicle parking needs of the activity, without adversely affecting the vehicle parking requirements of the surrounding neighbourhood, as demonstrated through the provision of a parking management plan.

A full parking assessment has been undertaken by Traffic Design Group (TOG) which is attached in Appendix 6. Table 1 O of the report confirms that the proposal will exceed the District Plan requirements in regard to the number of parking spaces. 233 car parking spaces will be provided, whereas the District Plan requires 219 car parking spaces.14

The 233 car parking spaces cover the residents ', visitors ' and staff requirements. Although the standards against which the proposal has been assessed are those incorporated through the PPC35 process, the requirement under the amended (DPC39) standards is 162 spaces.

14 The 219 spaces requirement was prior to DPC39 "Transport", which became operative on 27 March 2018. Post DPC39 the District Plan requirement is for 162 spaces - refer page 23 of the TOG report.

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Given the on-site provision of 235 fully compliant car parking spaces, which is 16 more than required under the PPC35, and 73 more than now required under the operative District Plan (post DPC39), it is concluded that it is not necessary to prepare a parking management plan as the likelihood of any off-site parking is considered to be negligible.

5.4.3 Urban Design Effects, Architectural Treatment, Effects on Amenity and Character Values and Wind Effects

4A 2.3. 1 (n)(iv)

(a) The extent to which the proposal would adversely affect the amenity and character values of the surrounding residential and recreational area, including:

(i) the effects of buildings and structure on neighbouring and surrounding residential and recreational sites, Boulcott School and Boulcott Kindergarten, and, in particular, the location, design, appearance, bulk, spacing and articulation of buildings; and

(ii) whether the proposal would cause significant loss of sunlight, daylight or privacy on adjoining residential properties and Boulcott School;

(iii) the degree to which the proposal meets the Design Guide for Medium Density Housing (Appendix 18).

(b) The degree to which Policies 4A 1.2. 1 (/)and (m) are met.

(c) Consideration shall include onsite amenity, including the management of onsite wind effects.

An urban design assessment has been prepared by urban designer Ian Munro (refer Appendix 7).

Two other matters which are specified in the assessment criterion are "loss of sunlight" and "onsite wind effects". Both of these matters have been subject to independent expert assessment, the results of which are provided in Appendix 8 and Appendix 9 respectively.

5.4.3.1 Urban Design

In his overall summary of "urban design effects" associated with the proposal, Mr Munro concludes that

On the whole, the proposal will result in an outcome that is very different from the predominant scale, pattern and character of development in the locality. These are and are likely to remain as 1-2 storey detached family homes, notably within the Hathaway Avenue I Military Road SRAA. I disagree that being different is of itself an inherently adverse urban design problem, but the way in which one form and type of development transitions into another requires a very sensitive solution and I consider that the thrust of the PPC35 policy framework seeks to ensure that this occurs in a way that recognises the potential of the site to accommodate a development outcome that does not of itself rigidly 'fit in'.

In terms of the proposal's design approach, I consider that it reflects the PPC35 policy framework and also successfully manages potential urban design effects primarily through massing, placement and orientation of buildings. The proposal also demonstrably responds to the characteristics of the site, and is a marked improvement on the site planning at the time of PPC35.

The transition from 1-2 storey buildings, to 3-4 storey and then 5 storey buildings has been well resolved and, while from many locations visible from public and private property, will be sufficiently set-back or screened such that any adverse urban design effects, including on the amenity and character values of the established neighbourhood, would be at most minor.

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The greatest potential adverse effects of building height will result on the site's northern side with the new stop bank and golf course. On the presumption that this private space will become public space (the stop bank), and may in time include a pedestrian trail atop it, specific consideration has been given to the interface of the development here. The variation in building heights, setbacks, facade treatments, and that the stop bank's peak is approximately 1 storey high and set back approximately 5m from the site boundary together mitigate potential urban design (building dominance) effects. That the stop bank is north of the tallest buildings also has the benefit of minimising any potential shadows (most of the proposal's shading will fall within the subject site itself).

The design of the buildings, including vertical divisions and frequent modulation (use of projections, recesses and voids), incorporates several 'domestic ' or classically residential responses, most notably the use of multiple smaller pitch roof forms to help break up the length of the taller buildings. This reinforces the fundamentally residential nature of the proposal and substantially improves the visual quality of buildings.

The proposal presents a compatible interface with immediate neighbours and will not result in inappropriate or problematic visual privacy/overlooking, building dominance, or shadowing effects on neighbours. Internally, a semi-street is proposed that will be publicly accessible but, due to the nature of the activity, is less likely to be frequented by the general public. Although the proposal does not result in an ideal 'street' interface, the proposal includes sufficient amenity inclusions such that any adverse urban design effects falling on residents or visitors would not be problematic.

Overall, the proposal is considered to be a well-resolved scheme that will sit appropriately within its neighbourhood. Subject to the recommended conditions of consent identified within this report, consent could be granted on urban design grounds.

I also consider that, in specific regard to the matters identified in District Plan policies 4A.1.2.1 (I) and (m), and in consideration of the restrictions of discretion at 4A 2.3.1 (n)(iv) and (v) , an appropriate urban design solution has been arrived at.

Mr Munro 's recommendations relate to the following matters:

(a) use of low-bollard type lights (and not tall light poles) for night-time use of the access way (refer page 14);

(b) use of close-boarded (acoustic) fencing 1-8m-2m high on boundary with adjacent properties (Hathaway Avenue and Boulcott Street (refer page 18);

(c) preparation of final landscape plan showing planting detail adjacent to residential properties and Boulcott School (refer page 18 and page 20 respectively) ; and

(d) roof and fa~ade colours for the 1-strory and 2-storey buildings adjacent to the boundary to differentiate them from the larger buildings (refer page 18).

5.4.3.2 Shading

The matter for assessment is: whether the proposal would cause significant loss of sunlight for adjoining residential properties and Boulcott School [4A 2.3.1 (n)(iv)(a)(ii)] (emphasis added]

A shading assessment was undertaken by Hudson Moody of Spencer Holmes (refer Appendix 8) . As noted in the report:

The proposed villas along the common boundary with Boulcott School and the adjoining residential properties have been designed to fit within the sunlight access planes and maximum building height. The

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5m set back ensures additional horizontal separation is provided. Given they are compliant, the shading effects attributable to these structures will be no greater than that anticipated by the District Plan. 75

The report further notes that

The larger and taller buildings have been set away from the residential boundary such that the horizontal separation mitigates the shading effects attributable to their additional height. The sun needs to be low in the sky for these structures to have any chance of adding shading over and above the permitted activity envelope.

The shadow diagrams confirm that shadows from the excess building height above Bm do not extend beyond the shadow lines generated by the permitted activity envelope. In other words, the noncompliances will not generate shading to the adjoining residential properties (nor to Boulcott School). Shadows from the over height buildings will typically fall within the bounds of the site or on the adjoining river corridor to the west. 16

Conclusion - the proposed retirement village will not result in any significant loss of sunlight or daylight to the adjoining residential properties or Boulcott School. Indeed, any shading on adjoining residential properties and Boulcott School will not exceed that resulting from complying residential development under the General Residential Activity Area rules (building height 8m and recession plane at 2.5m +45°).

5.4.3.3 Wind

The matter for assessment is: onsite amenity, including the management of onsite wind effects [4A 2.3.1 (n)(iv)(c))

A wind assessment was undertaken by OPUS Consultants (refer Appendix 9) . The report concludes that

1. Existing wind speeds in the area around the site range from low to high, with many of the higher wind speeds being a consequence of the exposed nature of the site to northerly winds.

2. The layout of the revised development design has refined some of the intelligent design choices with respect to wind effects that were included in the previously assessed design. These include: (a) the positioning of the lower rise elements close to the adjacent residential areas to the south, (b) the massing of the taller buildings away from the adjacent residential areas, (c) the partial enclosure of some outside recreational space, and (d) the use of a main entrance wind lobby and the location I orientation of other entrances and doors.

3. In northerly winds the revised development should have a generally beneficial effect on wind conditions in adjacent residential properties, by providing them with additional shelter.

4. In southerly winds, the revised development will have minimal impact on wind conditions in the adjacent residential properties, given that the new buildings are located downstream of these areas, and there is also a 5m setback from these residential properties.

5. Users of the neighbouring golf course and stopbank areas should not notice any deterioration on the overall amenity of this area.

15 Shading Assessment to Accompanying an Application for Land Use Consent - Boulcott Village", Spencer Holmes, 14 November 2017, para 26, page 3

16 Op cit, paras 27 and 28, page 4

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6. The above conclusions would also generally apply if there were further refinements to the revised design that still retained the basic storey heights and site layouts shown.

7. There is considerable potential for wind conditions, primarily within the site, to be ameliorated or improved through the use of planting (trees and shrubbery), screens and fencing. 17

Conclusion - the proposed retirement village will not result in any significant effects on onsite amenity due to wind. Furthermore, although not identified as a matter over which Rule 4A 2.3.1 (n)(iv)(c) restricts discretion, there will be no significant offsite wind effects. Indeed, in northerly winds there will be a generally beneficial effect on wind conditions in adjacent residential properties, while in southerly winds there will be minimal impact as the retirement village buildings are downstream of the residential properties.

5.3.4 Landscape Effects and Landscape Design

4A 2.3.1 (n) (v)

Special consideration shall be given to landscape design that manages the visual impact including on edges where existing vegetation affords privacy.

Kama Marsh Landscape Architects were engaged by the Applicant to develop a landscape masterplan for the site. Their report is attached at Appendix 10 and includes two appendices:

Appendix A: Landscape Concept Plans; and Appendix B: Visual Impact Assessment.

The summary to the Landscape Report records that:

1. The application site sits between an established residential neighbourhood and park-like setting of the Boulcott's Farm Heritage Golf Course.

2. A flood control stopbank is located along the north-western boundary of the site creating a physical and visual barrier between the application site and the golf course to the north.

3. The proposed village architecture has been very well considered in regards to location, design, appearance of built form, building bulk and spacing and articulation. It is also designed in accordance with the Design Guide for Medium Density Housing.

4. The siting of lower one and two storey villas adjacent to the residential boundary will ensure the proposed village would sit comfortably against the existing residential neighbourhood.

5. Plantings proposed around the village including the perimeter of the development will ensure that as plantings mature along with vast areas of lawn space, the buildings and the wider development will merge into the surrounding landscape. To ensure the proposed plantings achieve the desired effect as soon as possible, they should be planted immediately after construction and earthworks are complete. They should be closely monitored and maintained to ensure they survive.

6. Small to medium sized trees and shrubs along the boundaries will provide screening and softening of buildings when viewed from outside.

17 "Wind Assessment of the Proposed Summerset Boulcott village, Lower Hutt", OPUS Consultants , 20 November 2017, page 8

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7. The proposed development will result in a well designed, efficient, and attractive retirement village providing buildings with excellent sun exposure, views and amenity for its residents and a design providing a functional, easy to use, attractive and well considered landscape.

Section 6 of the Landscape Report specifically addresses the assessment criteria under Rule 4A 2.3.1 (n) (v). At 6.1 "Design Response to Assessment Matters" it is stated that

One of the key objectives of the Landscape Concept Master Plan was to create:

"a connection to the surroundings both visually and physically through the design and ensure the village blends into the character of the surrounding landscape ".18

This has been achieved through careful consideration of the impact the proposed development may have on the amenity and character of the surrounding residential and recreational areas and achieved by:

The effect of new buildings has been mitigated by:

(a) setting back from boundaries by a minimum of 5.0m; (b) spacing allowed for between buildings to provide views across and through the village to open

space and hlfls beyond; (c) material and colour palettes are varied within building facades to ensure a reduction in the

perception of bulk; (d) graduating height and scale across the site away from the existing residential and school

boundary; and (e) planting adjacent to buildings and along boundary lines to soften and screen proposed

buildings.

2. The effects of the proposal on sunlight, daylight and privacy have been well considered and reduced by:

(a) graduating height across the site away from the existing residential and school boundary; (b) the inclusion of a 1.Bm high boundary fencing and amenity planting to the southern boundary;

and (c) planting adjacent to buildings and along boundary lines to soften and screen proposed

buildings.

3. In regards to landscape design, consideration has been made to meet the Design Guide for Medium Density Housing by:

(a) providing generous outdoor courtyards and outdoor spaces; (b) north facing courtyards; (c) not erecting internal fencing allows the boundary between public and private space to be

blurred; (d) outdoor spaces provide passive surveillance opportunities; and (e) areas of carparking are softened through amenity planting and specimen trees.

4. From a landscape design perspective the Policies 4A 1.2.1 (I) and (m) are met by:

(a) providing proposed buildings which are of compatible scale and form to those of the existing residential properties to the south and which are of similar scale and intensity to the Boulcott School buildings and site.

18 Landscape Report: Summerset Boulcott - Retirement Village, Kama Marsh Landscape Architects , 30 September 2017, page 14.

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5. Wind effects have been well considered through the architectural design and will be further mitigated as the landscaping matures, particularly the larger specimen trees.

A key element of the landscape design is the use of vegetation (in particular medium to large specimen trees and native shrubs) in order to mitigate the visual impact of the new buildings, particularly those along the boundaries. Where possible, existing vegetation has been retained in order to provide immediate amenity and screening.

5.3.4.1 Visual Impact

A visual impact survey and assessment was undertaken by Kama Marsh and the results recorded at Appendix B of their report. The survey and assessment was based on verified images showing the 'before and after' effects from twelve viewpoints.19

As noted in Section 7 of the Landscape Report:

" ... the development is visible from the majority of the locations, however the impact on the view from these locations differs significantly from one to the other". 20

With reference to the individual view points, and based on planting at ten years , the following summary comments are made:

Viewpoint 1: in this view from Boulcott Street across the Boulcott School carpark, the introduction of the buildings does remove views of the golf course and hills to the north. As a result, the visual impact on this viewpoint would be considered to be moderate.

Viewpoint 2: from this viewpoint from within the school grounds there will be a loss of open views across the golf course, however, views of the Western Hills are still available. The visual impact from this location is moderate. Planting of a mixed native buffer to the school boundary would provide a softer, green outlook and help mitigate the introduction of the built form to this view. If these plantings were to occur the visual impact would reduce to a low effect.

Viewpoint 3: from this viewpoint opposite 42 Hathaway Avenue, due to the one-storey villa to the southern boundary, the graduated stepping of the architectural form of the proposed development and the existing homes and planting within the foreground, the visual impact from this viewpoint is negligible.

Viewpoint 4: this viewpoint is from Hathaway Avenue looking down the driveway to 28A Hathaway Avenue. Due to the one-storey villas and the graduated stepping of the architectural form of the proposed development, plus existing homes and planting within the foreground, the visual impact from this viewpoint is considered to be low.

Viewpoint 5: this view is from the rear yard of 26A Hathaway Avenue. Due to the loss of open space vistas and the short-range view resulting from the introduction of the villa, the development will have a significant effect on this viewpoint: however it is not significant in light of the general residential zoning across the site, in the context of which the visual impact is considered to be very low.

Viewpoint 6: this view is from the rear yard of 16 Hathaway Avenue. The proposed single-storey villa in the view would be no different to what would be seen under the residential zoning.

19 The verified images were prepared by Stantiall Studios. 20 Op cit, page 15

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Viewpoint 7: this viewpoint is across the current carpark (10-14 Hathaway Avenue) . Consent is in place for the development of three residential buildings on the site. In the existing situation the former clubrooms of the Boulcott's Farm Heritage Golf Club feature prominently. The change in view from the south side of Hathaway Avenue will be negligible . Viewpoint 8: this view point is from the east end of the stopbank adjacent to the site looking south-west. While the buildings are quite dominant, their graduated height and form, along with the open space views, reduces the visual impact.

Viewpoint 9: this viewpoint is from the Military Road entrance to the site. The view is more open than at present, and although the development is clearly visible, it will tie in with surrounding neighbourhood character, assisted by a number of architectural techniques that have been employed to assist its integration, including graduated building form and height, building setbacks and vertical integration of facade and windows. In the context of the residential zoning, the visual impact is low.

Viewpoint 10: this viewpoint is from the western end of the stopbank looking northeast. Given the retained 'open space ' views across the golf course, the hills in the distance, along with the screening of the retirement village buildings, the visual impact from this viewpoint is considered to be very low.

Viewpoint 11: this viewpoint is from the stopbank approximately mid-point along the western section of the site. The viewpoint provides a close-in perspective of the development overlooking the golf course. From the stopbank views are retained of the hills in the distance. However, the retirement village buildings are nevertheless a dominant feature in the view. The design detail and articulation of the buildings, which in turn are 'softened' by the 10 year planting, assist in integrating the buildings into the view.

Viewpoint 12: again this viewpoint is from the stopbank at the approximate mid-point of the site. The principal 'built feature ' in the view are the two-storey villas , with the three-storey apartments in the further distance, and the new golf club clubrooms further east again. Views to the distant hills remain . With views retained across the golf course and to the hills, along with the screening of the built form, the effect of the visual impact is considered to be very low.

Proposed Entrance Signage

A sign displaying "Summerset" is proposed for both site entrances - Boulcott Street and Military Road. An image of the Military Road entrance sign is shown on the visual image for Viewpoint 9.

Although the signs will exceed the 1 m2 face area for signs in the Residential Activity Areas due to their modest size, location, height and oblique angle relative to residential sites it is considered that they will have a less than minor adverse effect on the outlook from the small number of residential sites in Boulcott Street or Military Road that will have a view toward the entrances. Consent is required for the entrance signs under Rule 14B 2.4.

5.4.5 Noise Effects

4A.2.3.1 (n)(vi)

Consideration shall be given to potential operational noise effects.

Operational noise will come from various sources such as air conditioning units, service deliveries, rubbish collection and site maintenance, which most regularly will involve lawn mowing.

Appropriate conditions of consent can ensure service deliveries and rubbish collection only occurs during normal working hours thereby mitigating effects.

All fixed plant that could result in external noise (e.g. air conditioning units) will be designed, installed and operated to ensure compliance with the noise limits for the General Residential Activity Area.

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The previous use of the site as a golf course involved mowing of lawns and any alternative residential use would result in garden maintenance to a level not dissimilar to what will result from the retirement village use.

5.4.6 Infrastructure Provision Including Infrastructure Capacity and Capability and Stormwater Management

4A2.3.1 (n)(vii)

Consideration shall be given to:

(a) the capacity of the pump station and provision of a pump station emergency management plan; (b) the capacity within stormwater pipework from both within the site and Hathaway Avenue, including

overland flow paths from Hathaway Avenue; (c) the provision of a secondary flow path along the stopbank and serving Hathaway Avenue; (d) the provision of a 100-year piped stormwater system and secondary flow path to serve 18 to 28A

Hathaway Avenue; and (e) final design for fire water meeting the appropriate Wellington Water regional water standard.

BEGA has designed the engineering infrastructure required by the proposal - refer Summerset Lower Hutt - Civil Engineering Preliminary Design Report - attached at Appendix 11.

5.4.6.1 Stormwater

In relation to stormwater,21 BEGA confirm/advise that the proposed stormwater system includes:

1. Keeping the existing 675mm diameter gravity crossing under the stopbank to the Hut River. This does not have sufficient capacity for the peak 1 % AEP (100 year) runoff from the developed site and adjacent residential catchment.

2. A new pump station to convey runoff from the site and the adjacent Hathaway Avenue properties, sized to convey the 1 % AEP (100 year) over the stopbank and discharge it to the existing piped outlet in the Hutt River flood plain.

3. In smaller flows and when levels in the Hutt River are low, stormwater from the Summerset site and the adjacent residential properties will be conveyed by gravity by the pipe system within the site and the existing 675mm diameter pipeline under the stopbank to the Hutt River. In larger flows, and/or when levels in the Hutt River are high, the pump station will operate.

4. A new primary system for the village comprising a pipe network running along the access road from the east end of the site to the pump station and existing 675mm outlet at the west end, sized to convey a 10% AEP (10 year) event.

5. Keeping the existing piped system connecting to the Hathaway Avenue properties. Where this runs along the back to 32 to 24A Hathaway Avenue and along the toe of the stopbank the pipe will be upgraded to pipe the 1% AEP (100 year) event.

6. Secondary overland flow from the Summerset village will be provided by overland flow paths along the internal access roads draining local catchments within the site to the proposed new pipe along the stopbank or Boulcott Street. These will be sized for the 1 % AEP (100 year) event.

7. In 'super-design' events (i.e. larger than a 1 % AEP event) or in the unlikely event that the pump station is unavailable, stormwater from the site would eventually build up and overtop onto Boulcott

21 The Stormwater Report is included as Appendix D to the Civil Engineering Preliminary Design Report.

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Street. Minimum floor levels within the Summerset site have been set 0.4m above the Boulcott Street spill level.

8. An overland flow path will be provided along the toe of the stopbank so that in super-design events there is a flow path from Hathaway Avenue properties to Boulcott Street. Before the Boulcott Street spill level (RL9.4) was reached there would be flooding on the Hathaway Avenue properties (as there would be in the existing case in a very large event).

9. No stormwater treatment or attenuation is proposed.

5.4.6.2 Wastewater

In relation to wastewater, BEGA confirm/advise that

1. The site will be serviced for wastewater by a combination of gravity and pressure systems. The western block will drain by gravity to a new private pump station located at the narrow point of the site. The eastern block of the site will drain by gravity directly to the public system in Military Road. The two blocks will be connected by the rising main from the pump station which will connect into the upstream end of the gravity system which services the eastern block.

2. Emergency storage will be required at the pump station to cater for power outage or mechanical failure. The Hutt City Council has approved a storage volume of 12 hours of ADWF, which is less than the minimum emergency storage required for a typical private development.

5.4.6.3 Water

In relation to water supply, BEGA confirm/advise that

1. A new 200mm watermain is proposed along Boulcott Street from High Street to the site boundary to provide a suitably upgraded supply.

2. Three individual watermains are proposed within the site; a potable / fire hydrant main, a fire sprinkler main for the main building / apartments and an irrigation main. Each main will have backflow prevention at the Boulcott Street boundary.

3. The residual pressure for the potable / fire hydrant main will meet standards.

4. Based on a flow test in High Street, the expected residual pressure in the fire main at the main building will be approximately 280kPa. This is calculated using a 20% reduction in pressure at High Street as required under the Fire Code. A seven day pressure test may avoid the need to make this 20% deduction in the calculations. The fire consultant should confirm whether the pressure in the fire main is satisfactory for fire protection in the buildings or whether a booster pump is required.

5.4.6.4 Utilities

In relation to utilities, BEGA confirm/advise that

1. Power, telecommunications and gas services will be laid in a common services trench with the watermains in line with Summerset's normal practice.

5.4.6.5 Summary Comment - Infrastructure

Drawing on BECA's confirmation in relation to infrastructure provision, and with reference to the matters over which discretion is restricted, the following points are noted:

(a) the capacity of the pump station - refer Points 1 and 2 under "Stormwater";

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(b) the capacity of the stormwater pipework and the provision of secondary flow paths - refer Points 3 and 4 under "Stormwater";

(c) the provision of a secondary flowpath along the stopbank and serving Hathaway Avenue - refer Points 6 to 8 under "Stormwater;

(d) the provision of a 100-year piped stormwater system and secondary flow path to serve 18 to 28A Hathaway Avenue - refer Point 5 under "Stormwater"; and

(e) final design for fire water - refer Points 2 to 4 under "Water".

In relation to (a) above regarding the proposed pump station, as recorded in the BECA report, as the pump station will serve adjacent residential catchment as well as the Summerset site:

" .. . it is proposed that the pump station is vested in HCC (i.e. transferred to HCC, and operated and maintained by HCC). This means that the pump station will need to meet Wellington Water's design requirements as set out in the Regional Standard for Water Services and the Regional Specification for Water Services, and as advised by Wellington Water staff. HCC has agreed to vesting the pump station, subject to conditions (refers section 6. 3. 9)". 22

Then, at section 6.3.9 under the heading "Pump Station Ownership and Operation and Maintenance", it is confirmed that the vesting in HCC has been approved by HCC subject to the following conditions:

• The proposed pumping station is to be designed according to Council's standards and specifications.

The design of the pumping station has to be checked and approved by Wellington Water Ltd staff prior to construction on site.

• The preferred location of the pumping station is into the berm rather than constructing it in the road. There would have to be drive on access to the pumping station site.

• As built plans are required when all works are completed in order to include them in Council's GIS system.

• Any resource consent required has to be obtained prior to construction and prior to transferring the pumping station to Council's operating and maintenance. 23

With the transfer of the pump station to the HCC, the provision of a "pump station emergency management plan" would become the Council's responsibility.

5.4.7 Natural Hazards

4A.2.31 (n)(viii)

(a) The extent to which the proposal addresses the following risks to the site:

(i) liquefaction; (ii) fault rupture; and (iii) residual flood risks above a 1 in 100 year flood or stopbank breach or failure.

(b) Ensuring that the ongoing structural integrity of the flood protection system is not compromised.

22 Summerset Lower Hutt - Civil Engineering Preliminary Design Report" , BECA, 14 February 2018, page 12 23 Op cit, page 13

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(c) Addressing Emergency Evacuation Planning.

BEGA address the issue of natural hazards in Section 9 of their report "Civil Engineering Preliminary Design Report - refer Appendix 11 - at pages 20-22.

In relation to liquefaction it is noted that

All buildings on the site will be designed in accordance with the Building Code. Building design will account for seismic performance, including any risks associated with liquefaction.

In relation to fault rupture it is noted that

The nearest identified active fault to the site is the Wellington fault which is offset approximately 400m to the north west of the site and runs in a south west to north east orientation.

Some risk exists that an unknown fault or splinter fault may be present at a depth below the site, however this risk is common to the wider Wellington region and is considered to be relatively low at any one site. As such, no additional measures are believed to be necessary to address potential effects of fault rupture within this site.

In relation to residual flood risk it is noted that

In storm events greater than the capacity of the pump station (1 in 100 event) or if the pump station were inoperable, stormwater from the site would build up and overtop onto Bou/cott Street. Minimum floor levels within the Summerset site have been set 0.4m above the Boulcott Street spill level.

An overland flow path will be provided along the toe of the stopbank so that in such events there is a flow path through /around the site to Bou/cott Street. Before the Boulcott Street spill level (RL9.4) is reached there will be flooding at the rear of the Hathaway Avenue properties (as there would be in the existing case when the hollow within the site fills with stormwater and spills to Boulcott Street). The overland flow path would limit the depth of flooding to that which would currently occur once the hollow in the site is full.

In relation to a potential stopbank breach or failure , it is noted that

No allowance has been made in the design for a stopbank breach or failure as this would most likely be a wider scale issue and not specific to the Summerset site. Should a stopbank breach or failure occur, Summerset's Emergency Evacuation Plan would be triggered. The Plan would cover emergency response procedures for a breach I failure situation.

In relation to the structural integritv of the flood protection system, the BEGA report confirms that

Structural integrity of the stopbank will be considered in the design of the village

adding that

Of particular note is the construction of the new 900mm diameter stormwater pressure main over the top of the stopbank at the southern end of the site. The preliminary design of the pressure main has been developed to minimise the depth of the trench and therefore the intrusion into the stopbank structure. All work and materials required to construct the pressure main will comply with HCC Standards and GWRC procedure for Excavation and Backfill in Stopbanks. In addition, the detailed design and construction monitoring will be undertaken with input from a Geotechnical or Dams Engineer qualified in Dam Engineering. The proposed pressure main design included in Appendix B has been agreed in principle with the owners of the stopbank, GWRC.

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The buildings and any temporary works will be designed so as not to affect the structural integrity of the stopbank.

5.4.8 Addressing Emergency Evacuation Planning

4A2. 3. 1 (n) (vii)

(c) Addressing Emergency Evacuation Planning

Summerset prepares emergency management plans for all its villages. A copy of such a plan is attached for information (refer Appendix 12).

The emergency management plan for the Boulcott site would specifically address emergency management and evacuation procedures in respect of earthquake and flood events.

A consent condition requiring the preparation of a Boulcott site-specific emergency management and civil defence plan, prior to any buildings being occupied by residents, would be appropriate.

A copy of the plan would be provided to the Council's civil defence controller.

5.4.9 Effects on Tangata Whenua Values

4A2. 3. 1 (n) (ix)

Consideration shall be given to the extent to which the proposal addresses tangata whenua values, including through the provision of cultural impact assessments.

A cultural impact assessment report has been prepared by Raukura Consultants in association with the Port Nicholson Block Settlement Trust and Wellington Tenths Trust - refer Appendix 13. As the report confirms:

The Trusts are both lwi Authorities for the takiwa which included most of the cities of Lower Hutt, Upper Hutt and Wellington.

The Raukura Consultants' report records that:

The development is close to and probably part of the old Boulcott Farm and the site of the 'Battle of Boulcott Farm of 1846

and that:

The project will involve land which could still hold some of the taonga of the past.

Given the significance of the site, the Trusts make three recommendations as follows:

(a) The Port Nicholson Block Settlement Trust and Wellington Tenths Trust consider that an archaeological site examination is required for this site with respect to the Battle of Boulcott Farm. It is note (sic) that if there are artefacts or even bones these are most likely to be of European origin, but may include Maori items.

(b) There is also a need for an accidental discovery protocol for this development and a draft of that protocol is in Appendix 1.

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(c) The inclusion of some interpretive material within the finished development would be a way to recognise this important historical site. 24

Under the heading "Consultation" the report confirms that:

Te Atiawa/Taranaki Whanui ki Te Upoko o Te lka a Maui are represented by both the Wellington Tenths Trust and Port Nicholson Block Settlement Trust and have been part of the earlier reporting process for District Plan Change 35 and for this revised cultural impact report. This should be sufficient to cover Taranaki whanui interests in Wellington as there are no specific issues for the tangata whenua marae. 25

In addition to consultation with the Wellington Tenths Trust and Port Nicholson Block Settlement Trust, the Applicant also consulted with Te ROnanga a Toa Rangatira ("Ngati Toa") , both in relation to the earlier earthworks consent application and the current application.

In relation to the earthworks application referred to in Section 2.3.3 above, Ngati Toa advised that subject to two consent conditions, which the Applicant confirmed were acceptable, "any material of cultural and historical significance to Ngati Toa will be protected". A copy of Ngati Toa's statement is attached - refer Appendix 14, along with an email advising Council of the Applicant's acceptance of the recommended consent conditions.

Ngati Toa has subsequently advised that in relation to the current application for the retirement village they do not consider it necessary to prepare a full cultural impact assessment report. This subsequent advice is also included in Appendix 14.

5.4.10 Archaeological Values

4A2.3.1 (n)(x)

Consideration shall be given any adverse effects on archaeological sites.

The application site is an archaeological site as it was occupied pre-1900. Consequently, Summerset engaged archaeologist Victoria Grouden to undertake an archaeological assessment. In her report (refer Appendix 15), at Section 6 "Summary and Recommendations", Ms Grouden concluded as follows;

The proposed development site includes parts of two historic Hutt Valley farms developed during the mid 191h century in Sections 38 & 46, Block IX, Belmont Survey District. It potentially also includes the specific site of Amon Boulcott's farm and stockade structures that were the site of an historic and fatal battle between disenfranchised Maori and colonial troops in May 1846. It also includes the wider land block associated with Fry's Farm, which was in use from the 1980s to the 1950s for farming purposes.

Both farm sites were subsequently developed for use as golf courses during the 201h century, with

significant modifications carried out to the landscape. Without doubt parts of the two areas would be regarded as archaeological under the terms of the "Heritage New Zealand Act" (developed and/or occupied prior to 1900). This requires that any planned modification is carried out under a Heritage New Zealand Pouhere Taonga Archaeological Authority. This is a statutory requirement.

6. 1 HNZPT Archaeological Authority Application

Because the areas relating to the two farms are separated by geography, occupation history and by relative levels of potential archaeological significance, it is proposed that they are ultimately excavated under two separate Heritage New Zealand Pouhere Taonga Archaeological Authorities:

• Stage 1: the south-western area including Fry's Farm;

24 "Cultural Impact Report - Summerset - Boulcott Retirement Village", Raukura Consultants , September 2017, page 15 25 Op cit, page 14

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• Stage 2: the north-eastern area including Boulcott's Farm

6.1.1 Fry's Farm Area General Authority: Stage 1

The potential for archaeological remains is low-moderate for this site due to the fact that the area has experienced numerous episodes of flooding over the last 170 years and because it has also been subject to moderate 20th century development including landscaping. Preliminary investigation under Minor Effects Authority 2017/802 also indicates a relatively low likelihood of pre-1900 archaeological material being present in the area.

However, because there is potential for archaeological remains here, relating to a site with moderate local significance, application should still be made to Heritage New Zealand Pouhere Taonga for a General Archaeological Authority (under Section 54a of the Heritage New Zealand Pouhere Taonga Act 2014). It is recommended that active monitoring is only required within a 50m radius of the site of Fry's Farm cottage at 3 Boulcott Street, as shown on illustration 40.

This application will require a site instruction plan detailing procedures for day to day management of archaeological activities on the site as well as responsibilities of involved parties.

6.1.2 Boulcott's Farm Area Exploratory Authority: Stage 2

The potential for archaeological remains is low-moderate for this site due to the fact that the area has been subject to numerous episodes of flooding over the last 170 years and because it has also been subject to excessive 20th century development including landscaping and building construction. However, because there is potential for archaeological remains here, relating to a regionally significant battle site, application was initially made to Heritage New Zealand Pouhere Taonga for an Exploratory Archaeological Authority (under Section 56 of the "Heritage New Zealand Pouhere Taonga Act (2014) in order to better determine the presence (or otherwise) of archaeological material relating to the occupation and historic battle there. This is Exploratory Authority 2015/379 which has been activated and remains active and required completion in the vicinity of the Boulcott's Farm Heritage Golf Club rooms and adjacent car park.

The full results of this exploratory investigation will determine the subsequent actions carried out in regards to this part of the site. Following completion of the Exploratory Archaeological Authority and submission of a final report to HNZPT, application will be submitted for the general development work. This will be for either: a General Archaeological Authority (under section 44a of the HNZPT Act) if there is little or no evidence of archaeological remains), or a Scientific Archaeological Investigation Authority (under Section 44c of the NNZPT Act) if there is evidence relating to the 7 9th century Bou/cott occupation. This application will need to include a site management plan and possibly a research strategy depending on preliminary results.

Since the preparation of Ms Grouden's archaeological assessment report, Summerset has applied for and been granted consent for bulk earthworks on the Stage 1 site (refer Section 2.3.3 above).

In the decision report for the consent (RM 170268), which was issued on 12 March 2018, and with reference to s104(1 )(c) of the Act, it is recorded that:

The only other relevant matters are that there are two relevant archaeological sites identified on the New Zealand Archaeological Association's Register. These are R27/515, Bou/cott's Farm and R27/516m Fry's Farm. The Fry's Farm cottage was located in an adjacent lot on Boulcott Street with the farm itself extending over onto the site. The Boulcott's Farm site is in the eastern portion of the site and is not in the area subject to this application. Neither of these archaeological sites is identified in the District Plan. The applicant will need to obtain the necessary archaeological authorities to undertake any work in proximity

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to the Fry's Farm cottage site. The applicant has offered a condition in this regard, which I recommend be imposed with the amendments recommended by Mr Kiddle of Heritage New Zealand Pouhere Taonga.

Given the measures already undertaken, namely the preparation of the archaeological assessment and the application for and granting of two archaeological authorities,26 and those still to be taken ,27 it is clear that full consideration is being given to the extent to which the proposal might adversely affect any archaeological sites.

5.4.11 Earthworks Effects

In addition to the necessary consent under Rule 4A.2.3.1 (n) consent is also required under Rule 141 2.2(a) as the proposed earthworks do not comply with the permitted activity conditions in 141 2.1 .1.

Under 141 2.2.1 the matters over which the Council has restricted its discretion are:

(i) Amenity Values:

The extent to which any earthworks proposal will affect adversely the visual amenity values of the area, and the extent to which the earthworks will result in unnecessary scarring and be visually prominent.

The extent to which replanting or rehabilitation works are included as part of the proposal to mitigate adverse effects. Earthworks should not result in the permanent exposure of excavated areas.

(ii) Existing Natural Features and Topography:

The extent to which the proposed earthworks reflect natural landforms, and be sympathetic to the natural topography.

(iii) Historical or Cultural Significance:

The extent to which the proposed earthworks will affect adversely land and features which have historical and cultural significance.

(iv) Natural Hazards:

Consideration should be given to those areas prone to erosion, landslip and flooding. Excavation should not increase the vulnerability of people or their property to such natural hazards. In the Primary and Secondary River Corridors of the Hutt River, consideration should be given to the effects on the flood protection structures.

The anticipated environmental results are:

• Maintenance and enhancement of the natural features of the City's landscape.

Protection of the visual amenity values of the City from inappropriate earthworks.

Protection of the historical or cultural values of sites and natural features from inappropriate earthworks.

26 Archaeological Authorities 2017 /802 in relation to Fry's Farm and 2015/379 in relation to Boulcott's Farm. 27 Further applications to Heritage New Zealand Pouhere Taonga as recommended by Ms Grouden - a General

Archaeological Authority for Fry's Farm; and either a General Archaeological Authority or Scientific Archaeological Authority (depending on the results of the investigations under Exploratory Authority 2015/379) for Boulcott's Farm.

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As previously noted, approval has been granted for the bulk earthworks under resource consent RM170268 granted on 12 March 2018 - a copy of the consent is attached at Appendix 16.

The further necessary earthworks not covered by RM170268 consist of:

(a) Stage 1 (western half of the site): earthworks associated with establishing building foundations , the installation of underground services and landscaping;

(b) Stage 2 (eastern half of the site): earthworks associated with 'reshaping ' the site to create building platforms, establishing building foundations, installation of underground services and landscaping.

The proposed earthworks are outlined in more detail in the BEGA report "Civil Works Construction Management Plan" 28 and include the following drawings at Appendix A:

• cut and fill plan (2 sheets); and • finished surface plan (2 sheets).

Against the background of the technical information provided in the BEGA report, and with reference to the four matters over which the District Plan has restricted its discretion, the following summary observations are made:

(a) Amenity Values

The principal amenity value presently existing is the site's 'openness'. The earthworks themselves will not change this 'openness', although any form of subsequent development of the site for residential purposes in compliance with the General Residential Activity Area provisions will.

There will be no visually evident scaring of the site given that the change in contour is not significant.

Furthermore, given that the earthworks will proceed on a staged basis, with development following on from the completion of the earthworks, there will not be any permanent exposure of excavated areas.

While accepting that there will be a change in the site 's amenity values as a consequence of the enabling earthworks, such change is 'part and parcel' of any development of a green-fields site for residential purposes.

Such a change was foreshadowed with the approval of PPC35 which changed the zoning of the land from General Recreation Activity Area to General Residential Activity Area.

(b) Existing Natural Features and Topography

The site has been highly modified in the past as a consequence of the construction of the golf course and more recently the construction of the GWRC stopbank. At the eastern end of the site the construction of the new BFHGC clubrooms and associated car parking further modified the adjacent land.

Today there is very little in the way of natural features and topography. Following the completion of the earthworks the site will have a topography which is more consistent with that of the surrounding residential area than that of the adjacent golf course which lies to the immediate west of the recently constructed stopbank. The stopbank itself is an 'engineered ' and not a natural landform or feature.

(c) Historic or Cultural Significance

The site is not listed in the District Plan as having any scheduled historic places or archaeological sites.29

28 Civil Works Construction Management Plan, BEGA, 14 February 20918 - refer Appendix 17. 29 In relation to the site's archaeological values , refer Section 5.3.1 O above.


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In relation to the site 's cultural significance, this is assessed in the cultural impact assessment report prepared by Raukura Consultants on behalf of the Port Nicholson Block Settlement Trust and the Wellington Tenths Trust - refer Appendix 13.

The CIA concludes that the proposed earthworks have the potential to disturb land which could hold taonga. The report recommends that cultural effects could in part be dealt with through the provision of an accidental discovery protocol. It is proposed that the following accidental discovery protocol will be followed in the event of any archaeological remains or taonga being discovered during the course of the earthworks: 30

"If any archaeological site(s) are uncovered during physical works, the consent holder shall require the contractor to adopt the following protocol.

a. Work shall cease immediately at that place.

b. The consent holder shall advise the Project Archaeologist, representatives of the Port Nicholson Settlement and Wellington Tenths Trusts and Te Ronanga o Toa Rangatira, and Heritage New Zealand Pouhere Taonga.

c. Materials discovered will be removed by the lwi responsible for the tikanga appropriate to their removal and preservation, or re-interment.

d. Works affecting the archaeological site shall not resume until Heritage New Zealand Pouhere Taonga, the Police (if skeletal remains are involved) and iwi representatives have each given the appropriate approval for work to continue.

e. The contractor will allow the iwi representative(s) and the archaeologist(s) access to the site to carry out the responsibilities of this protocol.

Where an archaeological authority from Heritage New Zealand Pouhere Taonga applies, and it conflicts with this accidental discovery protocol, the archaeological authority shall take precedence.

The accidental discovery protocol is considered an appropriate measure to mitigate potential historic heritage and cultural effects.

Overall, it is considered that potential archaeological and cultural effects associated with the proposed earthworks will be at an acceptable level. Any potential adverse effects will be appropriately mitigated through the recommended consent conditions.

(d) Natural Hazards

The site abuts the recently GWRC constructed 440-year stopbank and is therefore protected from Hutt River flood events. The proposed earthworks do not alter the stopbank in any way. In relation to potential risk associated with seismic activity, this is addressed in Section 5.4.7 above.

Based on the technical assessment provided in the BEGA report, it is concluded that any adverse effects consequent upon natural hazards events will be less than minor.

(e) Summary - Potential Adverse Earthworks Effects

In relation to the four matters over which discretion has been restricted under Rule 141 2.2.1, it is considered that any effects will be less than minor.

The earthworks are appropriate in the context of the residential zoning of the site.

30 This recommended accidental discovery protocol consent condition is the same as that imposed on RM170268.

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The Applicant accepts that the appropriate consent conditions relating to preparation and approval of an earthworks management plan prior to any earthworks commencing on the site. 31

(f) Earthworks Objectives and Policies

The objectives and policies for earthworks are:

14L 1. 1 Natural Character

Objective: To ensure that earthworks are designed to maintain the natural features that contribute to the City's landscape.

Policies: To ensure that earthworks are designed to be sympathetic to the natural topography.

To protect significant escarpments, steep hillside areas, and the coastal area by ensuring that earthworks are designed to retain the existing topography, protect natural features, and prevent erosion and slips.

14L 1.2 Amenity, Cultural and Historical Values.

Objective: To ensure earthworks do not affect adversely the visual amenity values, cultural values or historical significance of an area, natural feature or site.

Policies: To protect the visual amenity values of land which provides a visual backdrop to the City.

That rehabilitation measures be undertaken to mitigate adverse effects of earthworks upon the visual amenity values.

To protect any sites with historical significance from inappropriate earthworks.

To recognise the importance of cultural and spiritual values to the mana whenua associated with any cultural material that may be disinterred through earthworks and to ensure that these values are protected from inappropriate earthworks.

The proposed earthworks are considered to be consistent with the above objectives and policies given that:

1. the site is already highly modified from its natural state;

2. the majority of the site is not readily visible (the site does not form part of a visual backdrop to the city);

3. the earthworks are necessary to enable/facilitate the development of the site for anticipated residential purposes (housing for the elderly) . Therefore, the earthworks are appropriate;

4. once the earthworks are completed the site will be developed and include significant on-site landscaping such that there will be no visible evidence of the earthworks; and

5. cultural and heritage effects can be managed appropriately though consent conditions.

31 The Applicant recommends the imposition of the relevant consent conditions imposed on RM170268, in particular Conditions 3 to 7 (prior to earthworks commencing) and Conditions 8 to 16 (after earthworks commence) and Conditions 18 to 19 (after earthworks are complete) .

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5.4.12 Contaminated Land Effects

Resource consent is required under the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health. This is required because of the former use as a golf course being included in the HAIL List and due to soil being disturbed.

A detailed site investigation (OSI) report has been prepared for the site. 32

At Section 10 of the OSI "Conclusions" it is confirmed that:

Beca was commissioned by Summerset to undertake a OSI on their proposed Boulcott's Farm site in Lower Hutt, Wellington due in part to unexpected discovery of waste material by Beca geotechnical during test pit ground investigations. The site is currently vacant, however has previously been used as a golf course and farm.

As part of the OSI Beca reviewed the information in a PSI undertaken by Aurecon. The PSI identified natural drainage gullies historically on site that have since been filled and the landscape re-contoured. Waste in the fill material for gullies was considered a potential risk, in addition to contaminants associated with historical herbicide and pesticide use on the golf course. Preliminary sampling by Aurecon in surface soils led them to the conclusion that the site had low risk of soil contamination at a level to impact human health or the environment. Subsequently Beca geotechnical engineers discovered areas of uncontrolled fill on site that included volatile liquids, brick, wire and old pipework.

Twelve test pits/trenches were undertaken by Beca targeting areas of contamination potential including the area of unexpected waste discovery.

The soil testing results largely showed that the soils on site were within background contaminant concentrations, with the exception of two areas that included the uncontrolled fill area, and an area to the south-central border of the site that both contained elevated levels of lead and zinc. Results from both areas were within the human health soil contaminant standards, however the fill layer exceeded environmental criteria for zinc, and both areas exceeded the Class A Landfill criteria.

The uncontrolled fill area appeared to be contained within an area of raised topography (a 'hummock') close to the historical groundskeeper shed. The second area to the south did not appear to have a definitive contamination source, however may have been related to paint from historical cottages/buildings, or reflect the use of the site as farmland with inconsistent areas of disposal to land.

The uncontrolled fill area will require removal of waste and disposal at an appropriately licensed facility and the surrounding soils will require testing to determine validation for reuse on site. Additional TCLP testing may be required prior to acceptance, depending on the nominated facility. Soil testing results will likely be required by the receiving facility.

Although 12 test pits/trenches were undertaken and soils were within the human health criteria, the historical land use may lead to the presence of hotspots not identified during the investigation.

Overall soil disposal and risks to environmental and human health can be managed with an appropriately developed Contaminated Soils Management Plan.

Against the above background, the Applicant accepts that the site will require remediation, and for the remediation to be undertaken in accordance with an approved Contaminated Soils Management Plan (CSMP) .

32The Detailed Site Investigation Report is found at Appendix B of the "Civil Works Construction Management Plan "refer Appendix 17 to this AEE.

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A draft Contaminated Soils Management Plan has been prepared (refer Appendix C to the "Civil Works Construction Management Plan" - Appendix 17 to this AEE).

To conclude, it is considered that the same consent conditions attached to RM170268 in relation to soil contamination (namely Conditions 5 and 6) would be appropriate and suitably mitigate any potential adverse effects stemming from soil contamination.

5. 4.13 Construction Effects

The assessment matter introduced by PPC35 states that:

Consideration shall be given to potential construction noise, traffic, access routes, dust, sediment runoff and vibration effects on the immediate residential area, including Boulcott School and Kindergarten. This consideration shall include:

a. Consistency with NZS 6803: 1999 b. Consistency with BS 5228-2:2009 Code of Practice for noise and vibration control on construction

and open sites c. The provision of a construction traffic management plan d. The provision of a construction noise management plan e. The provision of a communication and liaison plan.

BEGA have prepared a construction management plan for the civil works - refer Appendix 17

In the "Executive Summary" it is confirmed that:

This Construction Management Plan (CMP) has been prepared as a guideline for the civil contractors to use in developing their own Contractors Environmental Management Plan (CEMP) for Summerset Lower Hutt development.

This CMP is intended to cover construction of civil works only, including:

Earthworks Installation of in-ground services Construction of a roading network

The contractor will be responsible for preparing a comprehensive construction methodology prior to establishing on site. The Contractors plan will be reviewed and approved by the Engineer and Greater Wellington Regional Council [and Hutt City Council] 33 prior to the commencement of any work on site, and thereafter if any significant changes to the plan are deemed necessary.

The CEMP shall include, but not be limited to the following:

description/staging and programme of works; key contacts and responsibilities; communication protocols including complaints procedures; onsite measures and controls; incident response; staff induction and training; site monitoring, inspection and audits;

• resource consents/permits and an Approvals Register; and • management plan review procedure.

33 Reference to Hutt City Council added to BEGA statement.

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Onsite measures and controls to manage the following construction issues will be included in the CEMP. The following list outlines the minimum requirements and other procedures may be requires as a result of the consenting, design and pre-construction consultation process:

• erosion and sediment control; • stockpile management; • dust; • dewatering; • temporary traffic management; • existing services management; • spill management and emergency response; • soils contamination management plan; • noise, vibration and light; • waste management; • flood management; and • environmental incidents.

The Applicant endorses a consent condition (or conditions) being imposed on the consent to ensure the achievement of a comprehensive, robust and effective Contractors Environmental Management Plan.

As the BEGA report notes, the Construction Management Plan (CMP) outlined in the Appendix 17 report covers only the earthworks, installation of in-ground services and construction of a roading network. This CMP can be referred to as the "CMP - Civil Works"

The Applicant accepts that a construction management plan should also be prepared for the buildings works by the appointed building contractor. This CMP can be referred to as the "CMP - Building Works"

The "CMP - Building Works" shall cover, but not be limited to the following matters:

• contact (mobile) telephone numbers for the on-site manager where contact can be made 24 hours a day / 7 days a week;

• details for appropriate local signage/information of the proposed work including the location of a large sign (greater than 1 m2noticeboard on the site at each main entrance that identifies the name, telephone number and address for service of the site manager, including cell-phone and after-hours contact details;

• description/staging and programme of building works; hours of operation key contacts and responsibilities;

• communication protocols including complaints procedures; • onsite measures and controls;

incident response; • staff induction and training; • site monitoring, inspection and audits; • resource consents/permits and a Approvals Register; and • management plan review procedure.

The "CMP - Building Works" should be prepared by the Building Contractor and approved by the Hutt City Council prior to any onsite building works commencing.

The intention of the "CMP - Building Works" is to provide a level of assurance to Hutt City Council and neighbours that the temporary construction activities are able to be satisfactorily managed and mitigated.

Through establishing a complaints procedure and liaison person, the CMP ensures there will be opportunity for the community to easily contact the consent holder/developer if required.

Specifically in relation to construction noise and construction traffic , the following is noted :

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5.4.13.1 Construction Noise

A Construction Noise Management Plan should be prepared that demonstrates how the construction will comply with the New Zealand Standard NZS 6803: 1999 "Acoustics - Construction Noise" as well as BS 5228-2:2009 Code of practice for noise and vibration control on construction and open sites.

This requirement should be secured by a consent condition.

5.4.13.2 Construction Traffic

Included within the Transportation Assessment Report (refer Appendix 6) is an assessment of the construction traffic effects and this should be referred to. Of note is that all trucks will access the site across the golf course from Harcourt Werry Drive, as an agreement is in place between Summerset and Boulcott's Farm Heritage Golf Course to allow this.

The Applicant volunteers a condition of consent requiring the submission of a Construction Traffic Management Plan to the Hutt City Council for approval prior to the commencement of construction. The plan will address the following matters:

• staging of works; • construction traffic volumes; • site access arrangements; • hours of construction traffic movements; • temporary traffic management and control; • pre-condition assessment of the local Boulcott roads; • construction staff numbers and parking arrangements; • pedestrian safety; and • plan implementation, including procedures for receiving and handling comments.

5.4.13.3 Conclusion - Construction Effects

The Applicant accepts that, as is the case with any major residential development project, there will inevitably be some adverse effects, along with some inconvenience for and disruption to neighbours usual day-to-day activities. Additional traffic on the local road network can also give rise to some adverse effects.

Through the implementation of comprehensive and robust management plans addressing all civil works and building construction works these effects will be avoided, remedied and mitigated to the greatest extent practicable.

A key component of the management plans will be a community communication and liaison plan that will provide for the establishment of a community liaison group consisting of members representing the consent holder Summerset, the head contractor, immediate neighbours, including Boulcott School and Boulcott Kindergarten.

The community liaison group should have a first meeting prior to any site works commencing. A second meeting should be held within three months of works commencing, following which written newsletters should be released on a bi-monthly basis informing group members and the wider community of progress and future stages of work.

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5.4.14 Positive Effects

4A2.3.1 (n)(xi)

Positive effects arising from the provision of Housing for the Elderly in a comprehensive planned development.

The principal positive affect arising from the establishment of the proposed retirement village on the application site is that it will make a significant contribution to the supply of housing for the elderly in the Hutt Valley, which is a 'need' identified by the Hutt City Council.

The proposed village will provide safe and secure accommodation to meet the needs of some 300 elderly persons, in a high quality/high amenity living environment.

Furthermore, and in addition to the provision of a significant local construction investment in excess of $150m, it will result in a total of 20 to 30 staff (FTEs) being employed during 'peak' hours (9.00am to 5.00pm), thus making a measurable contribution to local employment opportunities.

In relation to positive effects, the following observation made by the Hearing Panel in its report on PPC35, is relevant:

[161] The Panel have also added a new (xi) that reads: "Positive effects arising from provision of Housing for the Elderly in a comprehensive planned development".

[162] It is sometimes forgotten that positive effects, unless expressly mentioned as matters of discretion, cannot come into overall consideration of a proposal where the restricted discretionary matters focus only on adverse effects. There will be trade-offs in the assessment of any proposal and it is important to identify positive effects as a matter relevant to the discretion to ensure that both positive and adverse effects are appropriately weighed. 34

The adding of Clause (xi) to the restricted discretionary matters under Rule 14A 2.3.1 is consistent with the following observation made by the High Court in Elderslie Park v Timaru District Council:

"To ignore real benefits that an activity for which consent is sought would bring necessarily produces an artificial and unbalanced picture of the real effect of the activity". 35

Establishing a retirement village on the site will bring significant positive effects to Hutt City. As the PPC35 Hearing Panel recorded in its Decision Report:

[94] The Panel acknowledges the positive effects of provision for housing tor the elderly (and the expansion of this cohort as a percentage of the Lower Hutt population) and the beneficial effects of making sufficient provision so that the elderly of Lower Hutt may remain within their chosen community. The Panel also acknowledge the usefulness to this part of the population of areas of visual interest and greenery including views across the golf course that development on the site can provide. 36

34 Proposed Private District Plan Change, Decision, page 33 35 Ederslie Park Limited v Timaru District Council, CP10/04, page 18 36 Proposed Private District Plan Change, Decision, page 22

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5.5 DISTRICT PLAN POLICY CONTEXT

In Section 3.1.1 an overview of the 'policy context' or framework for the site was provided, ending in an identification of several 'themes' which, in the Applicant's opinion, summarised the anticipated outcomes/environmental results for the GRAA area generally, and more specifically for Appendix General 22, being the site specifically identified as suitable for "housing for the elderly'.

In this section, and drawing on the technical assessments that have been undertaken and that are summarised in Section 5.4 above, the focus is on assessing the extent to which the proposed retirement village is consistent with the policy framework.

Of particular relevance are Policies 4A 1.2.1 (I) and (m) which are the two policies specific to the site (Appendix General Residential 22) that were introduced into the operative District Plan through Private Plan Change 35.

Policy 4A 1.2.1 (I)

Policy 4A.1.2.1 (i) specifically provides for (i.e. enables) the application site to be developed comprehensively for "housing for the elderly". The proposed retirement village is consistent with this intended development outcome.

The development however should be one that achieves an outcome that

(a) is compatible with the scale, location and form of development on the existing Residential Activity Area properties

Comment

The conclusion of the urban design assessment is that the proposal is successful in this respect and will result in a compatible, positive interface with the residential boundary.37

At page 18 of his assessment, Mr Munro comments that

Overall, I consider that the proposal will result in a positive and compatible outcome relative to the adjoining residential properties within the GRAA and the SRAA. 'Edge' buildings have a clearly residential character, and have been proposed to be clad in typical dwelling materials including brick veneer or timber I weatherboard finish and iron profiled roofing. Doors and windows suitably articulate the elevations. I have reached this conclusion in terms of the overall boundaries as a whole as well as the individual properties. Any adverse urban design effects would be at worst minor on the basis of the combination of building configurations, placements, setbacks and lengths. Where buildings are proposed of a scale that is not directly compatible with the adjacent residential development, the adverse effects of this have been appropriately mitigated by way of substantial horizontal setbacks. 38

Conclusion: drawing on the expert urban design assessment it is concluded that the proposed retirement village is consistent with Policy 4A 1.2.1 (I) clause (i).

(b) is of a scale and form that responds to the existing scale and intensity of development on the school site.

Comment:

In reference to this matter it is considered that it is limited to that part of the proposal that is adjacent to the relevant school boundaries, rather than the entire proposal or subject site itself.

37 Urban Design Assessment, Ian Munro, April 2018, page 14 - refer Appendix 7 38 Op cit, page 18

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At page 20 of his assessment, Mr Munro concludes that:

Overall, I consider that a compatible interface has been achieved and that any adverse urban design effects relating to the interface of the proposal with Boulcott School would be at worst minor, and to have been appropriately avoided, remedied or mitigated. 39

Conclusion: drawing on the expert urban design assessment it is concluded that the proposed retirement village appropriately responds to the scale and intensity of development on the Boulcott School site and is therefore consistent with Policy 4A 1.2.1 (I) clause (ii).

(c) the development should be planned and designed, constructed and managed in a manner that contributes to a positive relationship to its neighbours through good urban design.

Comment

The conclusion of the urban design assessment is that the proposed retirement village does establish a positive relationship with its neighbours through successfully managing potential urban design effects primarily through the massing, placement and orientation of buildings.

Conclusion: given the proposal's design approach, which is based on distributing building mass and bulk across the site following the site's opportunities and constraints, and in particular the placement of lower height and separated buildings along the southern and eastern boundaries adjacent to the Boulcott School and GRAA and SRAA residential area boundaries, it is concluded that the proposal is therefore consistent with Policy 4A 1.2.1 (I) clause (iii) in achieving a positive relationship to its neighbours.

Policy4A 1.2.1(m)

Policy 4A 1.2.1 (m) enables/foreshadows the opportunity for larger and taller buildings than the permitted height off 8m in the General Residential Activity Area. This 'opportunity' was recorded in the Commissioner's Decision Report on PPC35 where it was recorded that:

[140] The Panel considers that there is an opportunity for additional height and larger buildings on the site. 40

adding that:

[144] ... We consider that the opportunity for larger and taller buildings should be acknowledged in policy. We consider that this policy should also express the urban design outcomes that need to be achieved in order for development to merit that additional scale and height.

Policy 4A 1.2.1 (m) is the policy whose genesis is founded in the above observations by the Commissioner Panel and particularly in clauses (ii) to (iv).

(a) Clause (ii) - an appropriate urban design response to the wider context so that the coherence of the adjoining neighbourhood's urban form is not adversely affected to an inappropriate degree.

Comment

Addressing this clause, Mr Munro comments that:

I consider that the wording of the GRAA policy places a key parameter around my urban design analysis, specifically the words ''. .. to an inappropriate degree". I consider that this contemplates that an outcome

39 Op cit, page 20 40 Proposed Private District Plan Change 35, Report and Recommendations of Commissioners to Hutt City Council, 30

August 2016, page 30

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may be appropriate on the subject site that is not entirely or strictly "coherent" with the adjoining neighbourhood's urban form and as such, it would not be the correct urban design expectation to assess the proposal against. 41

Referring to the appropriateness of the urban design response, Mr Munro opines that:

On balance, the proposal offers no notable positive effect as it relates to neighbourhood coherence, on the basis that is based on a type and scale of development that is fundamentally different to the existing detached dwelling-based neighbourhood. Such an outcome is implicit in the PPC35 GRAA provisions and I have instead turned my mind to what extent the proposal undermines existing neighbourhood coherence. I consider that where the proposal's taller buildings are visible (including long buildings Blocks A, 0 and F), they will not be highly conspicuous or visually dominant other than from the Boulcott School fields.

Overall, I consider that the proposal will sit adequately within its context. Although for a very different scale and type of development than is the predominant norm, the village will have limited direct visibility and will beyond 75m-100m from the site have effectively no perceptible bulk, scale or form effects on the existing neighbourhood's coherence.

In conclusion, the proposal will result in adverse character and urban form effects on the adjoining neighbourhood that will be at worst minor (focused around Boulcott School playing fields) , which have been appropriately mitigated primarily by way of building placement and design. 42

Conclusion: given the specific acknowledgement that larger and taller buildings can be appropriate on the site, and given the conclusions reached by Mr Munro, it is concluded that the proposal is generally consistent with Policy 4A 1.2.1 (m) clause (ii).

(b) Clause (iii) - appropriate visual permeability across the site.

Addressing clause (iii) and the issue of "visual permeability" Mr Munro firstly comments:

To assess this matter, I have had to establish what "visual permeability across the site" may mean. I consider it is not the same thing as "viewshafts", where there is a more established expectation of liner corridors of open space or 'gaps' clear of buildings from the ground to the sky. I also consider that it does not solely mean views through the site; views into the site would also in my view be included in the meaning of "visual permeability across the site".

Accordingly, based on the orientation of adjacent development, the practicalities of the subject site 's shape and characteristics, and that "visual permeability across the site" may include a spectrum of outcomes ranging from, potentially, views into the site above low-rise (1-storey) buildings, through to, potentially, viewshafts that are entirely clear of buildings from the ground to the sky.

Based on his 'understanding ' of the meaning (intention) of "visual permeability across the site" Mr Munro provides comments under two headings:

(a) views into the site; and

(b) views across the site.

In relation to views into the site Mr Munro comments that he considers that:

41 Urban Design Assessment, Ian Munro, April 2018, page 20 - refer Appendix 7 42 Op cit, page 22-23

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... the proposal provides an appropriate degree of visual permeability and is in particular very successful in terms of the adjoining residential properties and school 43 noting:

• the use of 1 and 2-storey buildings around the site's residential and school boundaries, so as to allow views above those buildings into the site;

• the use of domestically-scaled detached (often duplex) buildings that create frequent side-yard type gaps between buildings allowing views into the site; and

• the periodic placement of car parking and/or vehicle access way adjacent to the boundary as a further means of keeping space clear of buildings and trees that could over time block views.

Mr Munro accepts that the proposal is less successful at providing views back into the site from the northern boundary looking back to the south and east, although regular gaps will be possible.

In relation to views across the site Mr Munro 's overall conclusion is that:

... the proposal provides an appropriate visual permeability across the site, although the extent of views currently possible across the vacant ex golf-course will be significantly reduced and many hill views will be removed. I consider that any urban design effects resulting from the proposed configuration of buildings on views across the site would be minor and have been mitigated through the placement and setback of buildings (notably those taller than Bm) from residential and school boundaries 44

adding that:

... the retention of views across the site is an inevitably 'overs and unders' issue where some existing properties will enjoy almost no loss of view, and others will experience a substantial change. To improve the views for those properties where there is the greatest change, redistribution of building mass would likely worsen the situation for other neighbours. In consideration of a likely GRM development alternative near the common boundary, I therefore overall consider that a workable and appropriate balance has been achieved. 45

Conclusion: drawing on the expert urban design assessment, as summarised above, it is concluded that the proposed retirement village achieves an appropriate visual permeability across the site and is therefore consistent with Policy 4A 1.2.1 (m) clause (iii).

(c) Clause (iv) - an attractive and well designed edge treatment when viewed from the new stopbank and avoids buildings that have inappropriate length or mass.

Comment

In relation to clause (iv) Mr Munro concludes that the proposal is successful adding that:

A variety of building forms have been proposed, including in terms of height, and including varied setbacks and alignments so as to avoid a strongly linear 'edge'. This will result in a changing visual experience for any potential viewers atop the stop bank or within the golf course. 46

In relation to the building design, Mr Munro notes that the buildings include a number of elements to distinguish them and otherwise break up the appearance of one long building form, including:

• variation in facade materials and colours between buildings;

43 Op cit, page 23 44 Op cit, page 25 45 Op cit, page 25 46 Op cit, page 26

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• variation in balcony/ balustrade design and glazing design; • variation in roof pitch and width; and • individual building facades being vertically sectioned, frequently aligning with pitched roof forms so

as to soften the horizontal length of buildings.

Mr Munro concludes that:

.. . the above techniques have been successful at mitigating the potential adverse effects of building design, and will result in a suitable visual quality being achieved. The buildings will clearly be very large however the design quality and irregular I varied edge condition proposed will be sufficient to ensure that no inappropriate building lengths or masses will result.

Overall I consider that the proposal will result in a well-resolved edge to the golf course, and that any adverse urban design effects would be at worst minor. 47

Conclusion: drawing on the expert urban design assessment, as summarised above, it is concluded that the proposed retirement village achieves an appropriate edge treatment when viewed from the new stop bank and is therefore consistent with Policy 4A 1.2.1 (m) clause (iv).

Summary Assessment - Policies 4A 1.2.1 (i) and (m)

The conclusion reached is that the proposed retirement village is overall consistent with the outcomes anticipated by Policy 4A 1.2.1 (I) and Policy 4A 1.2.1 (m) being the specific policies applying to Appendix General Residential 21. It is the Applicant's opinion that these policies should be accorded significant weight as they are specific to the site and its comprehensive development for housing for the elderly.

However, and notwithstanding the conclusion that the site-specific policies should be accorded significant weight in an overall policy assessment of the proposal, other policies applying generally to the General Residential Activity Area can also be held to be relevant, although to a lesser degree.

General Residential Activity Area Policies

In Section 3.1.1 above "Policy Overview" at page 10-11 relevant objectives and policies under 4A 1.1.1 "Residential Character and Amenity Values" and 4A.1.2.1 "Building Height, Scale, Intensity and Location" were identified as follows:

4A 1.1.1 Residential Character and Amenity Values

Objective

To maintain and enhance the amenity values and residential character of the General Residential Activity Area of the City.

Policy

(a) That opportunity be provided for a diversity of residential activities.

(b) That adverse effects arising from noise, dust, glare, light spill and odour be managed.

(c) That vegetation and trees which add to the particular amenity of the area be retained where practicable.

47 Op cit, page 27

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Comment

In relation to the Objective 4A 1.1.1 and related policies, the following points are made:

1. providing for a comprehensively developed retirement village on a site specifically identified as suitable for housing for the elderly (Appendix General Residential 21) will contribute to the diversity of residential activities and assist in addressing the shortfall in housing for the elderly in Hutt City [Policy 4A 1.1.1(a)];

2. adverse effects arising from noise, dust, glare, light spill and odour, both during construction (noise and dust) and following occupation of the retirement village, will not be measurably different from those associated with a 'standard' residential subdivision enabled under the General Residential Activity Area permitted activity conditions and standards [Policy 4A 1.1.1 (b)];

3. although the majority of the existing trees (along with other existing vegetation on the site), which is not a significant feature of the largely grassed-covered site, will be removed, the extensive planting that is proposed, notably along the boundary with the adjacent residential properties and Boulcott School, will provide a strong 'green edge' to the development [Policy 4A 1.1.1 (c)].

Conclusion: the proposed retirement village is consistent with the policies relating to "residential character and amenity values".

4A 1.2.1 Building Height, Scale, Intensity and Location

Objective

To avoid, remedy or mitigate adverse effects caused by building height, intensity and location on amenity values of adjacent residential sites and the residential character of the surrounding residential area.

Policies under Objective 4A 1.2.1 that may be relevant are:

Policy

(c) To ensure all new development is of a height and scale, which is compatible with surrounding residential development.

(d) To ensure a progressive reduction in height of buildings the closer they are located to a site boundary, to maintain adequate daylight and sunlight to adjoining properties.

(e) To manage the siting of all buildings so as to minimise detraction from the character and visual attractiveness of the surrounding residential area.

(f) To manage the siting of all buildings so as to minimise detraction from amenities of adjoining properties.

(g) To establish a minimum permeable surface to assist with the sustainable management of stormwater.

lj) To ensure that the developments are in general accordance with the Design Guide for Medium Density Housing (Appendix 18) to control other aspects of design such as quality of onsite amenity, integration of buildings and landscaping in respect to open space and compatibility with surrounding development patterns and low environmental impact.

Comment

In relation to the Objective 4A 1.2.1 and related policies the following points are made:

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1. through the PCC35 process the application site was identified as one where taller and larger buildings, and therefore of a different height and scale, could be accommodated. Importantly, through the considered site planning, adjacent to the residential boundaries (both GRAA and SRAA boundaries) buildings are either one or two-storey, thereby achieving a height and scale compatible with the adjacent residential development [Policy 4A 1.2.1 (c)];

2. site planning has placed the taller buildings away from the adjoining residential properties; thus, as confirmed by the shading analysis (refer Appendix 8) , the proposed development will not give rise to any significant loss of daylight or sun light to the adjoining residential properties [Policy 4A 1.2.1 (d)] ;

3. with the larger taller buildings being sited close to the northern boundary of the site and away from the southern boundary with the GRAA and SRAA zones, any 'detraction ' from the character and visual attractiveness of the surrounding residential area has been appropriately mitigated. As the urban design assessment concludes:

... the proposal will sit adequately within its context. Although for a very different scale and type of development than is the predominant norm, the village will have limited direct visibility and will beyond 75m-100m from the site have effectively no perceptible bulk, scale of form effects on the existing neighbourhood's coherence 48 [Policy 4A 1.2.1];

4. as noted above in relation to Policy 4A 1.2.1 (d), buildings adjacent to the GRAA and SRAA boundaries have been kept to no more than 2-stories and, additionally, they are set back a minimum of 5m from the boundary. Thus, any potential detraction from the amenities of the adjacent residential properties, including privacy, will be appropriately avoided [Policy 4A 1.2.1 (f)];

5. the permitted activity standard for "permeable surface" (a minimum of 30%) is met [Policy 4A 1.2.1 (g)]; and

6. in relation to the Design Guide for Medium Density Housing, through site planning a close integration between buildings and open spaces, including recreation areas, has been achieved, with the result being a high level of on-site amenity. Additionally, the development has been laid out in a manner that will limit adverse effects on neighbourhood character. It achieves a compatible edge transition with the established residential activities [Policy 4A 1.2.1 (j)]

Conclusion: the proposed retirement village is consistent with the applicable policies relating to "building height, scale, intensity and location".

5.6 PART 2 RMA

Part 2 of the Act "Purpose and Principles" comprises sections 5 to 8.

Section 5 sets out the Act's purpose as follows:

(1) The overall purpose of the Act is to promote the sustainable management of natural and physical resources.

(2) In this Act, sustainable management means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while -(a) sustaining the potential of natural and physical resources (excluding minerals) to meet the

reasonably foreseeable needs of future generations; and (b) safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and (c) avoiding, remedying, or mitigating any adverse effects of activities on the environment.

In turn, sections 6 to 8 set out 'principles ' relating to :

48 Appendix 7, Urban Design Assessment, Ian Munro, April 2018, p22

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• Matters of National Importance (s6) • Other Matters (s7) • Treaty of Waitangi (s8)

The recent High Court decision in R J Davidson Family Trust v Marlborough District Council 49 confirms that decision-makers considering an application under s104(1) can only have recourse to Part 2 if the relevant statutory planning documents (in this case the operative Hutt City District Plan) are:

" ... invalid, incomplete or uncertain".

In respect of the operative District Plan provisions relating to the application site, these are neither 'invalid', nor 'incomplete' nor 'uncertain'. Indeed, quite the reverse is true . The operative District Plan provisions relating to the application site have very recently been 'reviewed' through the PPC35 process. They are up-to-date, 'valid', 'complete' and 'certain' as evidenced by the site-specific provisions applying to Appendix General Residential 21, Policies 4A 1.2.1 (I) and (m) and Rule 4a 2.2.3(m)

Consequently, in assessing and deciding the application for the proposed 'housing for the elderly', no regard need be given to Part 2.

However, if the consent authority were to hold a different view and conclude that regard must be had to Part 2, then given that the application is for a restricted discretionary activity, regard should also be had to the High Court's decision in Auckland City Council v The John Woolley Trust and S J Christmas (CIV 2004-404-3787) which clarified the extent to which Part 2 matters apply to applications for restricted discretionary activities. In that case Randerson J concluded that

43. . .. any application for consent to a restricted discretionary activity is subject to Part 2 but with the important proviso, evident from s778(3)(c), that matters under Part 2 may not be relied upon to decline consent for a restricted discretionary activity. Similarly, Part 2 matters may not be relied upon to impose conditions on a grant beyond those relevant to the matters upon which the consent authority has restricted its discretion in the plan.

44. Despite the importance of Part 2 in the structure of the Act, I do not consider that its provisions could be used effectively to override the specific provisions of s 778(3) which set out the defining characteristics of a restricted discretionary activity. To permit Part 2 matters to be taken into account as additional grounds to decline consent for a restricted discretionary activity would be inimical to the very nature of such an activity and the strictly confined powers available to the consent authority.

45. But, subject to this proviso, the provisions of Part 2 may be taken into account by virtue of s 104(1) in deciding to grant the application.

In the Applicant's opinion the proposed retirement village development is consistent with Part 2 in that it will enable a significant and growing sector of the community, namely up to 300 elderly persons, to better provide for their social, economic and cultural wellbeing and for their health and safety.

Other Part 2 'reasons ' for granting consent include:

• granting consent will enable Summerset to exercise its kaitiakitanga over the site which is a s7(a) matter that must be given particular regard to. Summerset in particular wishes to make more efficient use of this underutilised site that is suitable for urban development and specifically for housing for the elderly accommodation;

49 RJ Davidson Family Trust v Marlborough District Council [2017] NZHC 52 .

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• granting consent will enable Summerset to enhance amenity values and the quality of the environment as sought by s7(c) and s7(f) by providing accommodation for the elderly to help meet the needs of the community;

• granting consent will not conflict with any matters of national importance; and

• granting consent will be consistent with, and will promote sustainable management by enabling Summerset to develop and use the site in a way and at a rate that will provide for its wellbeing and that of the community, future residents of the village, employees of the village, and various suppliers of goods and services to the village.

At the same time , adverse effects on the environment resulting from the proposed retirement village have been appropriately avoided, remedied and mitigated to the point that there are no unacceptable adverse effects.

In summary, the application site has been identified and confirmed through a notified Plan Change process as being appropriate for housing for the elderly. The current application seeks to give effect to the outcome provided for under Rule 4A 2.3(m) of the operative District Plan.

The outcome provided for under Rule 4A 2.3(m) will be consistent with the sustainable management purpose of the Act.

5.7 OTHER MATTERS

In the Applicant's opinion, the following two matters are relevant "other matters" under s104(1 )(c) of the Act to which regard could reasonably be had in determining the present application.

5. 7 .1 Urban Growth Strategy (2012-2032)

The Urban Growth Strategy (UGS) was released by the Hutt City Council in March 2014.

In the Foreword to the UGS, under the heading "Urban Growth", it is stated that:

Growth and development is essential if our city and our communities are to prosper in the medium to long-term. It is critical we enable "building" so that our city can grow economically, through businesses and organisations that operate here, and through the provision of desirable and appropriate housing for the range of residents that reside or will reside here. 50

Then, under the heading "Delivering On Our Goals", it is emphasised that:

Council recognises that a "business as usual" approach to development will not achieve our goals. It will not provide adequate space for new families. It will not provide enough opportunities for older residents to find suitable housing. It will mean our population will decline, and it may mean that many commercial development opportunities are lost and our retail centres lack vibrancy.

This strategy heralds a new approach to fostering development in Hutt city. It includes new ideas and bold proposals for at least doubling the current rate of housing growth in Hutt City, providing more opportunities for economic growth, and for getting our city moving. 51

Notwithstanding low population growth since 2006 the UGS projection is of 'an aging population" with a fall in the number of younger people within the City's population, while:

50 Urban Growth Strategy (2012-2032) , 25 March 2014, page 3 51 Op cit, page 4

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... at the same time the number of over 65 year olds will grow ... 52

At page 32 under the heading "Housing Older residents" the UGS states that

Retirement age households are the largest growth sector in Hutt City and the country in general, and will play a key role in shaping new housing growth.

Providing for retirement housing (in any form) is important, not only because it provides alternative, cost effective and socially attractive living options for many older residents, but because they can free up existing larger houses for families.

Referring specifically to 'retirement housing' the UGS states that

... substantially more purpose built retirement village housing also needs to be provided for in the city. It is estimated that as much as 30% of households with a member 70 years or more will choose to live in a retirement village given the option. This presents a particular challenge for the Hutt City; the city has a shortage of land for development and most retirement villages require a large amount of land (usually a minimum of one hectare) close to amenities. Because of this, our research indicates that the city already has unmet demand for between 5-10 retirement villages (or around 1,000 retirement village units) and will face difficulty meeting expected demand for another 5-10 villages over the next 20 years. 53

The proposed Summerset retirement village at Boulcott, for which consent is being sought, would make a significant contribution to the Council's strategic goal of providing more housing for the elderly.

This is a relevant "other matter" to which regard should be had under s104(1 )(c) of the Act.

5. 7 .2 Residential Subdivision

Although the site is 'scheduled' for housing for the elderly (Appendix General Residential 21) it still retains its General Residential Activity Area zoning, such that it could also be developed for residential purposes under Rule 4A 2.1 and accommodate in the order of 50-55 + dwelling houses that complied with the applicable permitted activity conditions. While such a residential development would not include buildings above Sm (unless specific resource consent was granted for say 3 storey apartment buildings), it nevertheless could result in similar adverse effects on the environment, including, for example, in relation to:

• visual amenities (i.e. replacing an open view with a 'built environment' view);

• shading, building bulk and dominance and privacy;

• traffic effects associated with increased vehicle movements on both Boulcott Street and Military Road; and

• construction effects.

Certainly a subdivision of the site in the order of 50-55+ lots is an anticipated and 'realistic' 'outcome under the operative General Residential Activity Area zoning, as illustrated by the attached subdivision layout - refer Appendix 18.

This is a second relevant "other matter" to which regard could be had under s104(1 )(c) of the Act.

52 Op cit, page 16 53 Op cit, page 32

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5.8 SECTION 104C

Section 104C of the Act states that:

(1) when considering an application for a resource consent for a restricted discretionary activity, a consent authority must consider only those matters over which:

(a) a discretion is restricted in national environmental standards or other regulations;

(b) it has restricted the exercise of its discretion in its plan or proposed plan.

(2) The consent authority may grant or refuse the application

(3) However, if it grants the application, the consent authority may impose conditions under section 108 only for those matters over which -

(a) a discretion is restricted in national environmental standards or other regulations;

(b) it has restricted the exercise of its discretion in its plan or proposed plan.

Under the operative Hutt City District Plan consent is required under the following restricted discretionary activity rules:

(a) General Residential Activity Area: Rule 4A 2.3(m) for Housing for the Elderly within the area identified in Appendix General Residential 21; and

(b) Earthworks: Rule 141 2.2

Conditions of consent can be imposed in relation to the matters in which Council has restricted its discretion under each of these rules.

In relation to Rule 4A 2.3(m) it is noted that provision is made for buildings and structures which:

(i) provide a building setback of no less than 5m from all Residential Activity Area boundaries including, that of Boulcott School, and

(ii) otherwise comply with the permitted activity conditions relating to maximum site coverage, maximum length of buildings, recession planes, yard requirements, required permeable surface and not those permitted activity conditions relating to height, provided that:

(a) the length of the northern boundary identified in Appendix General Residential Area 21 shall be exempt from the maximum length of building and recession plane permitted activity conditions; and

(b) for conditions that refer to 'net site area' this term shall be replaced with 'site area'.

5.9 SECTION 108

The Applicant accepts that a suite of consent conditions should be imposed on the proposed activity, principally in relation to:

1. proceeding in accordance with the information and plans submitted with the application; and

2. preparation, approval and implementation of management plans covering the following matters:

• construction management (including construction traffic and construction noise);

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earthworks management (including dust and sediment control);

site contamination;

site servicing;

community liaison and communications;

emergency evacuation procedures;

3. iwi liaison and accidental discovery protocol ; and

4. preparation of a final landscape plan.


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6 NOTIFICATION ASSESSMENT

The Applicant is requesting the Council to publicly notify the application. Accordingly, no notification assessment is made.

The Applicant does however reserve its right under s87D of the Act to request the Council to allow the application to be determined by the Environment Court.

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7 CONCLUSIONS

The following are the principal conclusions of this AEE report:

1. The site subject to the application has been identified as land suitable for housing for the elderly (Appendix Residential General 21 ).

2. There is an established need for additional housing for the elderly, including retirement villages, to provide accommodation for a growing population of elderly persons in Hutt City (Urban Growth Strategy 2012-2032).

3. The proposed retirement village has responded positively to the matters over which discretion has been restricted under Rule 4A.2.4.1 (n) .

4. The proposed retirement village is consistent with Policy 4A 1.2.1 (I) and Policy 4A 1.2.1 (m) being the two site- specific policies applicable to the land within Appendix General Residential 21.

5. The proposed retirement village is also consistent with the general policies that apply throughout the General Residential Activity Area.

6. The proposed retirement village is consistent with Part 2 of the Resource Management Act given that it will enable a significant section of the community to better provide for their social and economic wellbeing and for their safety and health, in a manner that will not give rise to any off-site adverse effects that are more than minor.

Alistair Aburn Director Environment and Resource Management Consultant URBAN PERSPECTIVES LTD

19 April 2018


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8 APPENDICES

Appendix 1: Architect's Design Statement

Appendix 2: Operator's Statement

Appendix 3: Staging Plan

Appendix 4: Compliance Audit

Appendix 5: Written Approvals

Appendix 6: Transportation Assessment

Appendix 7: Urban Design Assessment

Appendix 8: Shading Analysis

Appendix 9: Wind Assessment

Appendix 10 Landscape Report

Appendix 11: Civil Engineering Preliminary Design Report

Appendix 12: Emergency Evacuation Plan (Example)

Appendix 13: Cultural Impact Assessment Report

Appendix 14: Record of Consultation with Te ROnanga o Toa Rangatira

Appendix 15: Archaeological Assessment

Appendix 16: Earthworks Consent RM170268

Appendix 17: Civil Works Construction Management Plan

Appendix 18: Potential Residential Subdivision

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ANNEXUREF

APPLICATION DRAWINGS

1urban - Lower Hutt

Documents

Transcript of 1urban - Lower Hutt