Alteration to Designation and Section 127 …...h) Waterview Shared Path - Alteration to Designation...

141-J002-WMS

NZTA Fletcher Construction

McConnell Dowell Constructors Obayashi Corporation Parsons Brinckerhoff

Beca Infrastructure Tonkin & Taylor

Waterview Shared Path Project

Waterview Shared Path - Alteration to Designation & Section 127 Application for the Trent Street Link and Harbutt Reserve Bridge – May 2016 Document #

026-RPT-04271

The Well-Connected Alliance 150-152 Stoddard Road, Mt Roskill, Auckland, 1041 Private Bag 76914, Manukau Mail Centre 2241 P +64 9 621-1730 E [email protected] www.nzta.govt.nz/waterviewconnection www.twitter.com/wcnow

mailto:[email protected]

http://www.nzta.govt.nz/waterviewconnection

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This document has been prepared by The Well-Connected Alliance for the use of the NZTA on the Waterview Connection Project. The contents are confidential and shall not be reproduced, destroyed or given away without the express, written permission of the NZTA. Page i

Document Verification

Document Verification

Job title Waterview Shared Path

Document title Waterview Shared Path - Alteration to Designation & Section 127 Application for the Trent Street Link

Document ref 026-RPT-04271 Date 26/05/2016

Revision Date Filename 1 11 April 2016 Description Report for client review 2 8 April 2016 3 20 April 2016 Prepared by Checked by Approved by

4 1 May 2016 Name Hannah Giess Ailsa Fisher

Alan Hughes Glen Kirk 5 19 May 2016

Signature

6 26 May 2016 Description Report for Council submission

Prepared by Checked by Approved by

Name Hannah Giess Ailsa Fisher Alan Hughes Glen Kirk

Signature

Table of Contents

This document has been prepared by The Well-Connected Alliance for the use of the NZTA on the Waterview Connection Project. The contents are confidential and shall not be reproduced, destroyed or given away without the express, written permission of the NZTA. Page ii

Table of contents

FORM 18: NOTICE OF REQUIREMENT BY AUCKLAND TRANSPORT FOR ALTERATION OF DESIGNATION UNDER SECTION 181 OF THE RESOURCE MANAGEMENT ACT 1991 (RMA) 1

1. Introduction 9 1.1. Alteration to Designation 10

1.1.1. Trent Street Link 10 1.1.2. Harbutt Reserve Bridge 11 1.1.3. Alteration to Lighting Standards 12 1.1.4. Change of Conditions 13

1.2. Outline Plan of Works 14 1.3. Change of Condition for Resource Consent 14

1.3.1. Description of Requested Resource Consent Amendments 15

2. Existing Environment 16

3. Proposed Works 17 3.1. Trent Street Link 17

3.1.1. Construction Methodology of the Trent Street Link 17 3.2. Harbutt Reserve Bridge 18 3.3. Tree Works 18 3.4. Timing and Hours of Operation 19 3.5. Construction Environmental Management 19

4. Assessment of Effects on the Environment 19 4.1. Positive Effects 19 4.2. Assessment of Environmental Effects – Trent Street Link 20

4.2.1. Ecology 20 4.2.2. Noise and Vibration Effects 21 4.2.3. Erosion and Sediment Effects 21 4.2.4. Contaminated Land Effects 21 4.2.5. Transport Effects 22 4.2.6. Archaeological Effects 22 4.2.7. Stormwater Management 23 4.2.8. Landscape and Visual Effects 23 4.2.9. Conclusion of Environmental Effects – Trent St Link 24

4.3. Assessment of Environmental Effects – Harbutt Reserve Bridge Works 25 4.4. Assessment of Environmental Effects – Lighting Condition Amendments 25

4.4.1. Amendment to Condition 22b 25 4.4.2. Amendment to Condition 22c 25

5. Consultation 26

6. Statutory Assessment 28 6.1. Resource Management Act 1991 28

6.1.1. Part 2: Sections 5 – 8 of the RMA 28

Table of Contents

This document has been prepared by The Well-Connected Alliance for the use of the NZTA on the Waterview Connection Project. The contents are confidential and shall not be reproduced, destroyed or given away without the express, written permission of the NZTA. Page iii

6.1.2. Section 171 – Recommendation by the Territorial Authority 28 6.2. Relevant Policy Statements and Plans 29

6.2.1. National Environmental Standards 30 6.2.2. The Auckland Plan 2012 30 6.2.3. Auckland Regional Policy Statement 1999 30 6.2.4. Auckland Regional Land Transport Programme 2012 – 2015 and Regional Land

Transport Strategy 2010 30 6.2.5. Auckland Regional Plan: Air, Land and Water 31 6.2.6. Auckland Regional Plan: Sediment Control 31 6.2.7. Proposed Auckland Unitary Plan 31

7. Conclusion 31

Appendix A – Land Requirement Plans and Schedule Appendix B – Written Approval from Affected Land Owners and Requiring Authorities Appendix C – Construction Environmental Management Plan, Rev 2 - April 2016 Appendix D – Engineering Plans Appendix E – Landscape and Visual Effects Assessment Appendix F – Construction Traffic Management Plan Appendix G - First Supplementary Evidence Statement by Amelia Linzey and Shannon Bray, 24 April 2015 and Second supplementary evidence statement by Shannon Bray, 1 May 2015 Appendix H – Soljak Place Bridge Extent of Handrail Lighting

6 Henderson Valley Road, Henderson, Auckland 0612 Private Bag 92250, Auckland 1142, New Zealand

Ph 09 355 3553 Fax 09 355 3550

FORM 18: NOTICE OF REQUIREMENT BY AUCKLAND TRANSPORT FOR ALTERATION OF DESIGNATION UNDER SECTION 181 OF THE RESOURCE MANAGEMENT ACT 1991 (RMA) TO: Auckland Council

FROM: Auckland Transport

6 Henderson Valley Road Henderson Private Bag 92250 Auckland

AUCKLAND TRANSPORT (an Auckland Council Controlled Organisation) as a Requiring Authority (network utility operator under Section 167 of the RMA) in relation to the Auckland Transport System under Section 47(1) of the Local Government (Auckland Council) Act 2009, 1991 gives notice of a requirement for an alteration to designation (E04-19) for the Waterview Shared Path project.

SUMMARY

Auckland Transport seeks an alteration to the Waterview Shared Path (WSP) designation (E04-19) to provide for the Trent St Link and the southern abutment of the Harbutt Reserve Bridge. The Trent St Link is an extension to the WSP project which will generally comprise of a shared walking and cycling path to connect the WSP from the main span of Soljak Place Bridge1 to Blockhouse Bay Road. In the concept design Harbutt Reserve Bridge was contained wholly within the designation however, following onsite geotechnical investigations and detailed design, part of the southern abutment of the Bridge and a short section of the at grade shared path needs to be located outside the current designation. The construction of the abutment also requires a stormwater pipe to be diverted.

Auckland Transport’s (AT) objective is to secure the area required to enable the construction, operation and on-going maintenance of the shared path including any associated landscaping, utility services, and ancillary activities and structures associated with its operation such as signage.

The NoR seeks to alter condition 1 to update the plan set for the Trent Street Link and Harbutt Reserve Bridge and to alter condition 2 to waive the requirement of an Outline Plan of Works (OPW) for the Trent Street Link.

This alteration also seeks to amend conditions 22b, 22c and 24 for the purposes of clarity in regard to lighting and/or to remove District Plan / out of date references for incorporation of the designation into the Proposed Auckland Unitary Plan.

1 to be constructed

aucklandtransport.govt.nz

THE SITES TO WHICH THE NOTICE OF REQUIREMENT APPLIES ARE AS FOLLOWS:

This alteration to the existing designation (E04-19) Notice of Requirement (NoR) relates to land within the Auckland Council District Plan: Isthmus Section 1999 (the District Plan) and the Proposed Auckland Unitary Plan 2013 (PAUP) being:

• Part of Trent Street;

• Part of land owned by New Zealand Housing Foundation;

• Part of the KiwiRail North Auckland Line; and

• Part of Harbutt Reserve owned by Auckland Council (Parks).

The following plans are attached which show the extent of the alteration addressed in this NoR:

• “Waterview Shared Path Land Requirement Plan”;

The legal descriptions of the land to be designated (the Schedule of Properties Affected) are shown on the Waterview Shared Path Land Requirement Plan.

The KiwiRail North Auckland Line is designated (H13-09) in the District Plan and in the PAUP (6300) and KiwiRail has provided approval under s176(1)(b) of the RMA for the use of the designated land. In addition, part of the land owned by the New Zealand Housing Foundation is designated by Auckland Council (Parks) referenced E04-09 in the District Plan and 531 in the PAUP and Auckland Council (Parks) have provided approval under s176(1)(b) of the RMA for the use of designated land. Landowner approval from KiwiRail, New Zealand Housing Foundation and Auckland Council (Parks) for the alteration of the WSP designation at Trent Street and Harbutt Reserve is included in Appendix B. In regard to the approval of the alteration of the WSP designation at Harbutt Reserve the letter from AC (Parks) attached in Appendix B acknowledges that AC (Parks) are “working with AT on approving the plans for the pathway where it continues through Council owned park land”. This approval will be provided to AC (Regulatory) on its receipt.

THE NATURE OF THE PROPOSED WORK IS AS FOLLOWS:

This alteration to designation seeks to designate land for the purposes of an extension of the WSP. This includes the construction, operation and on-going maintenance of the shared path.

The nature of the work in relation to the NoR is detailed in the AEE. In summary, the work includes the following activities:

• Construction of a shared path of approximately 230m to connect Blockhouse Bay Road to the main span of the Soljak Place Bridge for pedestrians and cyclists. The path is approximately 3m wide. The at-grade section of the Trent St Link is approximately 170m long including a 20m long concrete boardwalk. The western ramp of the Soljak Place Bridge is approximately 60m long;

• Construction of an approximately 32m long retaining wall varying in height from 2.1m to 2.3m

between chainage 32 and 0;

• Construction of an approximately 88m long retaining wall varying in height from 0.4m to 1.9m between chainage 140 and 52;

• Removal of trees and works within the dripline of trees;

• Provision of ancillary activities and structures typically associated with the operation of a

shared path (e.g. signage and lighting);

• Construction of the southern abutment and approximately 10m of shared path at Harbutt Reserve Bridge, including works to permanently divert a stormwater pipe to provide for the bridge. Details of the construction of the Harbutt Reserve Bridge and stormwater pipe relocation are addressed in Outline Plan 2 lodged concurrently with this application; and

• Operation and maintenance of the shared path.

THE NATURE OF THE PROPOSED CONDITIONS THAT WOULD APPLY ARE:

The land required will be used for the construction, operation and on-going maintenance of the shared path. Upon completion of the construction of the shared path the designation will be drawn back (pursuant to section 182 of the RMA) to provide for ongoing operational and maintenance requirements.

While this designation is in place, property owners may not undertake any activities that might prevent or hinder the shared path being constructed, operated and maintained. Once the shared path is operational, this restriction will continue to apply to that land which remains designated (i.e. the area AT draws the designation back to following construction).

The changes to the designation conditions to provide for the Trent St Link, the land required to establish the southern abutment of the Harbutt Reserve Bridge, and to address the lighting matters identified in the summary section above are proposed as follows (additions underlined and deletions struck through):

1. Except as modified by conditions below, the works shall be undertaken in general accordance with the information provided by the Requiring Authority in the Notice of Requirement, dated November 2014 and supporting and supplementary information provided. The information includes:

h) Waterview Shared Path - Alteration to Designation & Section 127 Application for the Trent Street Link and Harbutt Reserve Bridge, Well Connected Alliance, 26 May 2016 2. An Outline Plan of Works (OPW) (or staged outline plans) shall be prepared and provided to the Council pursuant to section 176A of the Resource Management Act 1991 (the RMA) with the exception that an OPW shall not be required for the Trent Street Link with the OPW matters having been addressed in the information provided under Condition 1h). The OPW shall include details on the following:

THE EFFECTS THAT THE PROPOSED WORK WILL HAVE ON THE ENVIRONMENT AND THE WAYS IN WHICH ANY ADVERSE EFFECTS WILL BE MITIGATED ARE:

An assessment of the actual and potential effects and a summary of the proposed measures to manage (including to avoid, remedy or mitigate) potential adverse effects are presented in Section 4 of the AEE which supports (and forms part of) the NoR documentation. It is noted that the Trent St Link will connect to the WSP, providing greater connectivity of walking and cycling infrastructure for the local community.

In summary the key potential adverse effects on the environment anticipated as a result of the works authorised by the NoR are:

• Erosion and sedimentation;

• Contamination effects;

• Ecological and arboricultural effects;

• Noise effects during construction.

The potential adverse effects are considered to be limited to construction. Through careful design, management and the mitigation measures proposed in the AEE, these effects can be adequately avoided, remedied or mitigated. A Construction Environmental Management Plan to manage the potential adverse effects that will result during the construction has been prepared and contains sub-plans including:

• Contaminated Soils Management Plan;

22. The OPW required by Condition 2 shall include provision of plans to light the Waterview Shared Path. These plans hall demonstrate:

22b) that subject to (c) below, the proposed illuminance levels associated with any artificial lighting on the shared path which shall comply with 10 lux the Auckland City Council Consolidated Bylaw – Part 13.5.2: Lighting and the Auckland Council District Plan (Isthmus Section) maximum illuminance levels on all boundaries with residential zoned properties;

22c) that lighting of both the Alford Street Bridge and Soljak Place Bridge will be incorporated in the bridge handrails. Lighting of the Soljak Place Bridge will be incorporated in the bridge handrails on the main bridge span and the ramp opposite the north/north-west boundary of 45/8 and 46/8 Soljak Place as shown on the plan titled “Soljak Place Bridge Extent of Handrail Lighting” and referenced “DG-ST-4279” in Appendix H of Waterview Shared Path - Alteration to Designation & Section 127 Application for the Trent Street Link and Harbutt Reserve Bridge, Well-Connected Alliance, 26 May 2016; and 24. The designation shall lapse on the expiry of a period of ten years after the date it is included in the District Plan Auckland Unitary Plan in accordance with section 184(1)(c) of the RMA, unless:

• Tree Management Plan; • Lizard Management Plan; • Erosion and Sediment Control Plan; • Construction Noise and Vibration Management Plan; • Archaeological Management Plan; • Communication Management Plan; • Pest Plant Control and Native Revegetation Plan.

Overall it is concluded that the effects on the environment will be less than minor.

The effects of the lighting condition amendments are considered negligible.

ALTERNATIVE SITES AND METHODS HAVE BEEN CONSIDERED TO THE FOLLOWING EXTENT:

Alternative sites, routes and methods which have been considered are detailed in Section 6 of the AEE. Alignment changes and construction methodology changes have been made to reduce the impact on vegetation and trees and the North Auckland Rail line.

THE PROPOSED WORK AND DESIGNATION ARE REASONABLY NECESSARY FOR ACHIEVING THE OBJECTIVES OF THE REQUIRING AUTHORITY:

AT’s objectives are outlined in the Statement of Intent (SOI) 2013-2016. The SOI presents AT’s overarching outcome as “an effective and efficient transport system and provides for the region’s social, economic, environmental and cultural wellbeing”.

AT has the following objectives in relation to AT’s wider and project objectives:

• Primary objectives:

o Contribute to an effective and efficient land transport system to support Auckland's

social, economic, environmental, and cultural well-being;

o Provide for the single-system approach in the planning, design, development, management and maintenance of Auckland’s transport system;

o Prioritise and optimise investment across transport modes.

• Construction of new infrastructure:

o Construction and operation public transport networks in relation to the Auckland

transport system.2

• Specific WSP project objectives are:

o 1. To identify a preferred route for a shared path that:

– Connects Alan Wood Reserve to Great North Road;

2 From section 47 (1) of the Local Government (Auckland Council) Act 2009.

Provides community access from Waterview to the open space areas of Phyllis Reserve and Harbutt Reserve (via the ‘Alford Street Bridge’); – Provides community access from Mt Albert and Owairaka to the open space areas of Phyllis Reserve and Harbutt Reserve (via the proposed Soljak Place Bridge); and – Gives effect to Condition SO.14 of the Waterview decision, whilst keeping within the budget and timeframes given in this condition.

o 2. To develop the shared path as a component of the Regional Cycle Network,

connecting the existing South-Western shared path and north-western cycleway; and

o 3. To explore opportunities for the preferred shared path to be connected to the

wider regional cycle network, transport nodes or other destinations (including open space areas) to improve walking and cycling accessibility and connectivity for the Waterview and Owairaka/ New Windsor communities.

The proposed works are reasonably necessary for achieving the above objectives.

The proposed alteration to the designation is reasonably necessary for achieving these objectives to:

• Enable AT to have the flexibility to construct the shared path and undertake the proposed

works or project in accordance with the designation, notwithstanding anything contrary within the District Plan;

• Identify in the District Plan the location, nature and extent of the Project and AT’s clearly

intended use of that land;

• Protect the land and the security of the Project from other development which may preclude the construction, operation and maintenance of the Project; and

• Enable the Project to be undertaken in a comprehensive and integrated manner.

As an approved Requiring Authority in terms of Section 167 of the RMA under Section 47(1) of the Local Government (Auckland Council) Act 2009, AT may use the designation mechanism to construct, operate and maintain the shared path.

OTHER RESOURCE CONSENTS NEEDED FOR THE PROPOSED ACTIVITY WHICH HAVE BEEN APPLIED FOR:

In accordance with s127 of the RMA a resource consent application is being sought to amend the existing resource consents for WSP to include the Trent St Link works, and the works associated with the Harbutt Reserve Bridge currently outside the area provided for, within the jurisdiction of the resource consents. The resource consents were granted on 30 July 2015 and are referenced as follows:

• R/REG/2014/4810 – earthworks, vegetation removal within a Significant Ecological Area

(Oakley Creek), infrastructure within a floodplain, and new impervious areas; and

• R/REG/2014/4811 discharges from contaminated land.

THE FOLLOWING CONSULTATION HAS BEEN UNDERTAKEN WITH PARTIES THAT ARE LIKELY TO BE AFFECTED:

The consultation undertaken with parties likely to have particular interest in the project is detailed in Section 5 of the AEE in support of this NoR. In summary, AT has consulted with:

• Affected Landowners (who own the land subject to this alteration);

• Whau Local Board;

• Iwi;

• Units 45/46 8 Soljak Place;

• Auckland Council Parks, Sport and Recreation; and

• Avondale Racing Pigeon Club.

AUCKLAND TRANSPORT ATTACHES THE FOLLOWING INFORMATION REQUIRED TO BE INCLUDED IN THIS NOTICE OF REQUIREMENT BY THE DISTRICT PLAN, OR ANY REGULATIONS MADE UNDER THE RESOURCE MANAGEMENT ACT 1991:

• The NoR and Land Requirement Plans, including a schedule of affected properties;

• An AEE and supporting technical reports.

LAPSE PERIOD SOUGHT

Pursuant to section 184(1) of the RMA, AT proposes a lapse period of 5 years for the implementation of the proposed designation. This period provides sufficient time for AT to give effect to the works including undertaking land use negotiations, detailed design and construction of the project itself, and allows for an appropriate margin to address required tendering, funding and construction processes.

It is noted that in accordance with section 182 of the RMA, AT will look to rationalise the designation following completion of the construction phase so that it then only relates to those areas needed for operation and ongoing maintenance requirements.

Waterview Shared Path – Alteration to Designation and s127

026-RPT-04271 Page 9 Revision 6 26/05/2016

1. Introduction

Auckland Transport (AT) gives notice of:

• Pursuant to s181(3) of the Resource Management Act 1991 (RMA), an alteration to the Waterview Shared Path (WSP) designation, referenced E04-19 in the Auckland Council District Plan: Isthmus Section (the District Plan)3:

o To amend condition 1 to provide for a new section of shared path called the Trent St Link (or the Link), to connect the WSP from the main span of Soljak Bridge4 to Blockhouse Bay Road. The Land Requirement Plans and Schedule of Affected Properties are included as Appendix A and landowner approvals are included in Appendix B;

o To amend condition 1 to provide for construction of the southern abutment of Harbutt Reserve Bridge and approximately 10m of shared path, including works to permanently divert a stormwater pipe to provide for the bridge. The Land Requirement Plans and Schedule of Affected Properties are included in Appendix A and landowner approvals are included in Appendix B;

o To amend condition 2 to waive the requirement of an Outline Plan of Works for the Trent Street Link with the Outline Plan of Works matters having been addressed in this application;

o To amend conditions 22b, 22c and 24 for the purposes of clarity in regard to lighting and/or to remove District Plan / out of date references for incorporation of the designation into the Proposed Auckland Unitary Plan – refer to section 1.1.2 for further detail.

• Pursuant to s127 of the RMA, a resource consent application to amend the existing resource consents for the WSP (R/REG/2014/4810 (landuse) and R/REG/2014/4811, (discharge permit) granted 30 July 2015), to include the Trent St Link works, and the works associated with the construction of part of the southern abutment of the Harbutt Reserve Bridge and a short section of the at grade shared path within the jurisdiction of the resource consents.

This application is being made after the original designation was confirmed and resource consents granted because the Trent St Link was not originally part of the project. However, during detailed design of the WSP, additional funding has been allocated to provide for the

3 The purpose of the Designation E04-19 is the Waterview Shared Path, a shared walking and cycling path. 4 to be constructed



construction of this Link and subsequently these applications are being sought. The concept design for Harbutt Reserve Bridge was contained wholly within the designation. However following onsite geotechnical investigations and detailed design, part of the Bridge and short section of the at grade shared path needs to be located outside the current designation. The construction of the abutment also requires a stormwater pipe to be diverted. The position of the outfall will be located approximately 5m to the west, with rip rap at the outfall to prevent scouring.

As part of this application the following appendices are included:

• Appendix A – Land Requirement Plans and Schedule;

• Appendix B – Written Approval from Affected Land Owners and Requiring Authorities;

• Appendix C – Construction Environmental Management Plan, Rev 2 - April 20165;

• Appendix D – Engineering Plans;

• Appendix E – Landscape and Visual Effects Assessment;

• Appendix F – Construction Traffic Management Plan6;

• Appendix G – First supplementary evidence statement by Amelia Linzey and Shannon Bray, 24 April 2015; and

• Appendix H – Soljak Place Bridge Extent of Handrail Lighting.

1.1. Alteration to Designation

1.1.1. Trent Street Link

The alignment of the Trent St Link subject to this application is highlighted in figure 1 below (in red) and in detail in the plans in Appendix D. AT has obtained written approval from the affected landowners and Requiring Authorities that have existing designations over the land and these are attached as Appendix B.

5 The original CEMP was provided to Auckland Council as part of the WSP Outline Plan 1 – for enabling works and civil works. This CEMP has been updated to include (where applicable) the Trent St Link works. 6 The original Construction Traffic Management Plan was provided to Auckland Council as part of the WSP Outline Plan 1 – for enabling works and civil works. This Plan has been updated to include (where applicable) the Trent St Link works.



Figure 1 Alteration of designation to Trent Street

1.1.2. Harbutt Reserve Bridge

The alignment of the Harbutt Reserve Bridge in relation to the current designation is highlighted in figure 2 below (generally circled in green, with the current designation in red) and in detail in the plans in Appendix D. The detail of the alteration in this location is included in the Land Requirement Plans in Appendix A. In regard to the approval of the alteration of the WSP designation at Harbutt Reserve the letter from AC (Parks) attached in Appendix B acknowledges that AC (Parks) are “working with AT on approving the plans for the pathway where it continues through Council owned park land”. This approval will be provided to AC (Regulatory) on its receipt.



Figure 2 Alignment of the Harbutt Reserve Bridge in relation to the current designation

1.1.3. Alteration to Lighting Standards

Amendment to the lighting conditions 22b and 22c is proposed for the following reasons:

• In regard to condition 22b, to remove reference to the District Plan to enable the designation to be included in the Proposed Auckland Unitary Plan and remove out of date references to the Auckland City Council Consolidated bylaw – Part 13.5.2: Lighting which is to be replaced by PAUP provisions once operative. Condition 22b is updated in regard to the maximum illuminance levels at residential boundaries by using the region wide standard from the Auckland Transport Code of Practice (for pedestrian and cycle paths), being 10 lux. It is noted that the maximum illuminance levels will not change from what was provided for in condition 22b originally; and

• In regard to condition 22c), to update the condition to reflect what was discussed at the Notice of Requirement hearing in relation to Soljak Place Bridge lighting. The Notice of Requirement design plans showed Soljak Place Bridge having light poles along all ramps (but not the main span). Following consultation with the



owners of 45/8 and 46/8 Soljak Place7 as part of the hearing it was agreed to change the lighting design to handrail lighting for the ramp opposite their north/north-west boundary in addition to the main span. The visual simulations provided with Shannon Bray’s second supplementary evidence, dated 1 May 2015, were updated accordingly and are included in Appendix G. However, the condition as written does not accurately reflect this and may cause confusion or ambiguity over its application. As such, the condition has been amended, to clearly note that handrail lighting is only required for the main span and ramp opposite the north/north-west boundary of 45/8 and 46/8 Soljak Place as shown in the plan in Appendix H.

1.1.4. Change of Conditions

The changes to the designation conditions to provide for the Trent St Link, the southern abutment of the Harbutt Reserve Bridge, and address the lighting matters identified in section 1.1.3 and/or to remove District Plan / out of date references for incorporation of the designation in the PAUP are proposed as follows (additions underlined and deletions struck through):

7 Refer to Appendix G, the First supplementary evidence statement by Amelia Linzey and Shannon Bray dated 24 April 2015.

1. Except as modified by conditions below, the works shall be undertaken in general accordance with the information provided by the Requiring Authority in the Notice of Requirement, dated November 2014 and supporting and supplementary information provided. The information includes:

h) Waterview Shared Path - Alteration to Designation & Section 127 Application for the Trent Street Link and Harbutt Reserve Bridge, Well Connected Alliance, 26 May 2016 2. An Outline Plan of Works (OPW) (or staged outline plans) shall be prepared and provided to the Council pursuant to section 176A of the Resource Management Act 1991 (the RMA) with the exception that an OPW shall not be required for the Trent Street Link with the OPW matters having been addressed in the information provided under Condition 1h). The OPW shall include details on the following: 22. The OPW required by Condition 2 shall include provision of plans to light the Waterview Shared Path. These plans hall demonstrate:



1.2. Outline Plan of Works

Two Outline Plan of Works have been prepared for the WSP:

• Outline Plan 1 (OP 1) providing for the at-grade section of the WSP and enabling works was submitted to Auckland Council on 24 November 2015 (Council reference R/OPW/2015/4810) and following this, AT received confirmation that Council sought no changes to OP 1 on 22 December 2015;

• Outline Plan 2 (OP 2) addressing the construction of Alford Street, Soljak Place and Harbutt Reserve Bridges, including that part of the Harbutt Reserve Bridge currently outside the designation, has been prepared and lodged concurrently with this application.

As noted above in section 1.1.4, AT seeks a waiver of the requirement to submit an Outline Plan for the Trent St works under s176A(2)(b) of the RMA with the OPW matters having been addressed in this application.

1.3. Change of Condition for Resource Consent

S127(1) of the RMA states that the holder of a resource consent application may apply to the Council to change a condition of their resource consent. S127(4) provides guidance in terms of determining who must be considered as being potentially adversely affected by the change or cancellation of a condition(s), specifically every person who:

22b) that subject to (c) below, the proposed illuminance levels associated with any artificial lighting on the shared path which shall comply with 10 lux the Auckland City Council Consolidated Bylaw – Part 13.5.2: Lighting and the Auckland Council District Plan (Isthmus Section) maximum illuminance levels on all boundaries with residential zoned properties;

22c) that lighting of both the Alford Street Bridge and Soljak Place Bridge will be incorporated in the bridge handrails. Lighting of the Soljak Place Bridge will be incorporated in the bridge handrails on the main bridge span and the ramp opposite the north/north-west boundary of 45/8 and 46/8 Soljak Place as shown on the plan titled “Soljak Place Bridge Extent of Handrail Lighting” and referenced “DG-ST-4279” in Appendix H of Waterview Shared Path - Alteration to Designation & Section 127 Application for the Trent Street Link and Harbutt Reserve Bridge, Well-Connected Alliance, 26 May 2016; and 24. The designation shall lapse on the expiry of a period of ten years after the date it is included in the District Plan Auckland Unitary Plan in accordance with section 184(1)(c) of the RMA, unless:



• made a submission on the original application; and • may be affected by the change or cancellation.

It is considered that the change of conditions can be processed on a non notified basis as discussed in the cover letter provided with this application.

In relation to determining whether an application can be processed under s127, Body Corporate 970101 v Auckland City Council [2000] NZRMA 202 (HC) states in paragraph 74:

“In deciding whether an application for variation is in substance a new application, the consent authority should compare any differences in the adverse effects likely to follow from the varied proposal with those associated with the activity in its original form. Where the variation would result in a fundamentally different activity or one having materially different adverse effecs, a consent authority may decide the better course is to treat the application as a new application…”

The use of s127 in this instance is considered appropriate as the proposed activity remains within the scope of the original application and there are no materially different effects generated as a result of the proposed works or proposed change in conditions to that of the original application.

1.3.1. Description of Requested Resource Consent Amendments

No new conditions are proposed however there is a proposed change to conditions 1 and 4 of R/REG/2014/4810 and R/REG/2014/4811 as shown below (additions underlined):

1. Except as modified by conditions below, the works shall be undertaken in general accordance with the information provided by Auckland Transport to support the resource consent dated November 2014 and supporting and supplementary information provided. The information includes:

f) Waterview Shared Path - Alteration to Designation & Section 127 Application for the Trent Street Link and Harbutt Reserve Bridge, Well Connected Alliance, 26 May 2016

4. All earthwork activity shall be carried out in general accordance with the plans and all information submitted with the application, entitled ‘Assessment of Environmental Effects to Support Notice of Requirement and Resource Consents’, prepared by Beca Ltd and dated October 2014, in particular Appendix L - ‘Erosion and Sediment Control Plan’. The earthworks associated with the Trent Street Link and Harbutt Reserve Bridge shall be carried out in general accordance with the plans and all information submitted with the application, entitled ‘Waterview Shared Path - Alteration to Designation & Section 127 Application for the Trent Street Link and Harbutt Reserve Bridge’, Well-Connected Alliance, 26 May 2016



2. Existing Environment

The Trent St Link will pass through a variety of land uses. From the Blockhouse Bay Road intersection with Trent Street, the path extends along the southern side of Trent Street and runs parallel to the rail corridor to the Soljak Place Bridge. The land uses are described in more detail as follows:

• Trent St is a short no exit street located off a signalised intersection with Blockhouse Bay Road;

• The residential properties on the northern side of Trent St are zoned Residential 6a under the District Plan and Terrace Housing and Apartment Building under the Proposed Auckland Unitary Plan (PAUP);

• The path passes through a Special Housing Area (SHA) at 1 Trent Street8. This SHA is currently under construction and once complete, will contain 37 units;

o Part of 1 Trent St is within an Auckland Council designation for a local park (District Plan reference E04-09 and PAUP reference 531). Part of the proposed Trent St Link designation overlaps with this designation. Refer to Appendix D for the location of the designation. The area designated for a park contains a mix of exotic and native vegetation such as Pohutukawa, Puriri, Karaka and Kohekohe and Cypress;

• The path runs adjacent to and within the North Auckland Railway line designation (District Plan reference H13-09 and PAUP reference 6300). Refer to Appendix D for the location of the designation. This section of the rail corridor is lined with mature native and exotic trees and weedy vegetation;

• Part of the works falls within a Significant Ecological Area (SEA – PAUP reference SEA_T_6008) under the PAUP (generally within the KiwiRail designation area). Refer to Appendix D for the location of the SEA.

Harbutt Reserve extends southwards from the junction with Phyllis Reserve, is owned by Auckland Council and is a reserve for informal recreation. Harbutt Reserve is heavily vegetated in places, particularly adjoining Oakley Creek such as where Harbutt Reserve Bridge is to be located. This area is also noted as a SEA in the PAUP however there are no scheduled trees within the reserve area. Harbutt Reserve is zoned Open Space 3 under the District Plan and Public Open Space – Informal Recreation under the PAUP.

8 Part of the land requirement for the Trent St Link is currently located on 1 Trent St, and is within land that passes through Council’s reserve designation. This part of 1 Trent St is to be transferred into the ownership of Auckland Council but as it is understood the subdivision process is not yet complete (as at May 2016) the land remains with NZ Housing Foundation as the owner (of 1 Trent St). As such AT has received written approval from the NZ Housing Foundation.



3. Proposed Works

3.1. Trent Street Link

The proposed Trent Street Link works involve the construction and operation of the Trent St Link, which is approximately 230m in length and 3m wide, to connect the WSP from the main span of the Soljak Place Bridge to Blockhouse Bay Road. The at-grade section of the Trent St Link is approximately 170m long including a 20m long concrete boardwalk and the western ramp of the Soljak Place Bridge is approximately 60m long.

The western abutment of Soljak Place Bridge (i.e. the Trent St Link ramp) begins at a generally flat area adjacent to the rail line, and ramps up to the main span at a grade of 1 in 12 (for lengths of 9m) with 1.2m landings. From the abutment to Trent St, the contour of the land for the at-grade path falls towards the rail line, as such the at-grade path requires additional earthworks and compacted hardfill to create a flat surface. From Trent St, the path generally follows the existing land contour. Further information can be found in Appendix D – Plans.

Two retaining walls are proposed alongside the rail line as follows:

• An approximately 32m long retaining wall varying in height from 2.1m to 2.3m between chainage 32 and 0;

• An approximately 88m long retaining wall varying in height from 0.4m to 1.9m between chainage 140 and 52.

3.1.1. Construction Methodology of the Trent Street Link

The construction methodology to construct the link is as follows:

• Identify all services and undertake necessary relocation;

• Fence off site to public;

• Vegetation clearance along alignment and construction areas with Project Arborist (see section 3.3 below) along with lizard search and relocation (refer to section 4.2.2 and the methodology in Appendix C for further detail on lizard management);

• Install erosion and sediment control measures;

• Strip top soil and cut to subgrade;

• Construct temporary work areas (e.g. piling platform, metal haul road where possible);

• Construct retaining walls alongside part of the rail corridor (refer to plans in Appendix D for exact location);

• To construct the western ramp (for Soljak Place Bridge):



o Construct piles and piers;

o Install concrete precast cross heads and super-T beams;

o Pour deck slabs;

o Install above deck detail (handrails, lighting etc).

• Once the west ramp of Soljak Place Bridge is complete, the concrete path will be poured from the Bridge back up to Trent Street and the 20m long concrete boardwalk section will be constructed.

The works are proposed to take approximately 5 – 6 months (in conjunction with the construction of Soljak Place Bridge) and commence as soon as possible.

About 800m2 of earthworks (of up to 1,500m3) are required to construct the Link. Two retaining walls with engineered fill are required to level the path as the ground falls steeply towards the rail corridor. An Erosion and Sediment Control Plan (ESCP) has been produced to manage earthworks during construction. This is included in Appendix C.

3.2. Harbutt Reserve Bridge

The part of the Harbutt Reserve Bridge works outside of the current designation includes the southern abutment and the stormwater pipe relocation. Details of the construction methodology for the Harbutt Reserve Bridge and stormwater pipe relocation are addressed in Outline Plan 2 lodged concurrently with this application.

It is noted that at the Notice of Requirement hearing for WSP the bridge was included as a timber boardwalk. The boardwalk was designed at a conceptual stage without any site investigations undertaken. Subsequent to this, intrusive geotechnical investigations were undertaken and it has become apparent that given the ground conditions experienced, the bridge needs to be composed of concrete. Further discussion about the ground conditions is included in Outline Plan 2.

3.3. Tree Works

Tree removal, tree protection and weed clearance will be necessary for construction. The detail of the trees and vegetation to be removed and protected are detailed within the Tree Management Plan (TMP) in Appendix C. The Pest Plant Control and Native Revegetation Plan (PPC&NRP) included in the CEMP sets out the proposed weed management and proposed landscaping.

It is noted that for the stormwater pipe relocation works associated with the southern abutment of the Harbutt Reserve Bridge no native vegetation is to be disturbed but some weed species may be removed to facilitate construction.



3.4. Timing and Hours of Operation

Works will generally be undertaken between 7am and 6pm Monday to Saturday. This reflects the need to allow residents to enjoy reasonable freedom from noisy or intrusive construction activity at night, on Sundays and during public holidays. It is unlikely that night time work will be required for these works.

3.5. Construction Environmental Management

It is proposed to use the same management plan structure for these works as per the rest of WSP, via the project’s CEMP. The sub-plans of the CEMP were noted in condition 7 of the designation (and also within the consent conditions) with those relevant to the works being listed in 7d-7i of the designation conditions and below:

• Contaminated Soils Management Plan; • Tree Management Plan; • Lizard Management Plan; • Erosion and Sediment Control Plan; • Construction Noise and Vibration Management Plan; • Archaeological Management Plan; • Communication Management Plan; • Pest Plant Control and Native Revegetation Plan.

The CEMP submitted for Outline Plan 1 has been updated to address the Trent Street Link works and Harbutt Reserve Bridge works. The CEMP is included in Appendix C.

4. Assessment of Effects on the Environment

There are actual and potential adverse effects on the environment during construction and operation of the proposed works at Trent Street. These effects are set out in section 4.2 below. Section 4.3 provides an assessment of effects in relation to the alteration to the designation at the Harbutt Reserve Bridge. Section 4.4 provides an assessment of effects in relation to the change of lighting conditions 22b and 22c.

4.1. Positive Effects

The extension of the shared path to include the Trent Street Link will provide greater connectivity of walking and cycling infrastructure for the local community. The Link will improve access to open spaces such as Oakley Creek, Harbutt and Phyllis Reserve. The Link also provides a shorter walking/cycling route to the New North Road shops from this area.

The Harbutt Reserve Bridge enables improved accessibility to and from Harbutt Reserve.



4.2. Assessment of Environmental Effects – Trent Street Link

4.2.1.Ecology

4.2.1.1. Arboricultural Effects

The construction and operation of the Link passes through additional areas of vegetated land including areas of SEA next to Oakley Creek. The construction of the path has the potential to impact arboriculturally through the loss of amenity and ecological values due to tree removal and damage to retained trees by undertaking works within the dripline.

• In regard to tree removal six trees have been identified that require removal for the construction of the shared path, detailed in the Tree Management Plan (within the CEMP in Appendix C). The removals are mitigated by the presence of other trees that are to be retained, weed clearance and landscaping planting which is set out in the PPC&NRP in the CEMP.

• In regard to the works within the dripline of retained trees, part of the Link will be constructed as a concrete boardwalk to reduce the impact on retained trees and the rootzone.

• Other methods to protect the trees are detailed in Appendix C and include:

o Holding a pre-works meeting with the construction team and works arborist to discuss tree protection measures;

o Clear identification of trees to be removed to avoid accidental removal of trees to be retained;

o Protective fencing around trees to be retained. Within this fenced area there should be no storage of equipment, vehicle/machine movement or mixing of concrete/other contaminants or refuelling;

o Where practicable protect tree roots measuring 35mm or greater in diameter which are exposed during construction;

o Placing a 50mm layer of sand or soil around tree roots before backfilling excavated areas;

o Where excavations are to be filled with concrete and there are exposed roots, the area should be lined with polythene to prevent concrete entering the roots;

o Monitoring by the works arborist.

From an arboricultural perspective it is considered that the effects of the Trent St Link in conjunction with proposed mitigation measures are less than minor.



4.2.1.2. Effects on Herpetofauna

As noted in section 4.2.1.1. above, the construction of the shared path will require the removal of vegetation. This vegetation provides a habitat for local herpetofauna (i.e. lizards).

Undertaking vegetation removal needs to allow for protection of these lizards during clearance. To mitigate the potential effects on lizards, the methodologies outlined in the Lizard Management Plan (found in the CEMP in Appendix C) will be used to search for and relocate lizards prior to works occurring. It is concluded that with mitigation, the effects on herpetofauna in relation to the alteration are less than minor.

4.2.2. Noise and Vibration Effects

The project will generate noise and vibration effects during construction. The nearest receivers to the works are residential properties on Blockhouse Bay Road, Trent Street, Tait Street and Soljak Place.

A framework for managing construction noise and vibration and proposed mitigation is provided in the CNVMP in the CEMP (Appendix C).

With appropriate mitigation measures in place, effects from construction noise and vibration will meet recommended noise and vibration criteria and will be at acceptable levels at nearest receivers. As such the effects of noise and vibration during construction are considered to be less than minor.

4.2.3. Erosion and Sediment Effects

The construction of the path will require earthworks which may generate increased levels of erosion and sediment laden run off into the receiving environment. To manage these potential effects, an ESCP has been included in the CEMP (refer to drawing MC-221-302 sheet 14 of the ESCP in Appendix C) which was also provided with Outline Plan 1 (to facilitate the enabling and civil works of the overall WSP). The ESCP follows the principles of erosion and sediment control and is based on the Auckland Regional Council’s Technical Publication 90 Erosion and Sediment Control Guidelines for Land disturbing Activities in the Auckland Region (TP90).

Oakley Creek is located (at its closest) 20m from the works. The ESCP has outlined the erosion and sediment control proposed for this area including silt fences.

With the mitigation proposed in the ESCP, erosion and sedimentation effects are considered to be less than minor.

4.2.4. Contaminated Land Effects

The Contaminated Soils Management Plan (CSMP) included in the CEMP outlines the procedures for handling potentially contaminated soils, and contaminated material



excavated on site to meet conditions 17 – 31 of the resource consent. A detailed site investigation has been undertaken for the Trent St Link including a site walkover and intrusive ground testing. From this work the presence of asbestos containing material was identified, and as such an Asbestos Management Plan (for Trent St) prepared and is included in the CSMP.

Along with this new plan, the Contaminated Land specialist has confirmed that the same management processes within the existing CSMP are appropriate to be used, and with this mitigation in place the effects on the environment are considered to be less than minor.

4.2.5. Transport Effects

The construction of the Link may affect operations and safety of the transport network. It is noted that the traffic associated with the Link’s construction is minor at around 10 vehicle movements per day or about one an hour. In addition, some parts of Trent St (i.e. the eastern footpath) will require temporary closure to construct the shared path.

The WSP CTMP (Appendix F) outlines the potential effects on traffic and identifies how these will be mitigated. In general, the works will be undertaken in accordance with a Site Specific Traffic Management Plan (SSTMP), which will help to manage site traffic movements to and from site including large deliveries such as beams (noting these are limited in number) and include clear public signage and safe diversion routes for pedestrians or vehicles. The SSTMP will be submitted to Auckland Transport as Road Controlling Authority for approval prior to works commencing.

It is noted that the signals at the Blockhouse Bay intersection with Trent Street will provide for the safe movement of construction vehicles to/from the site.

Staff parking for the Trent Street Works will be situated on 1187b New North Rd at the Soljak Place Civil Works site.

Overall it is considered that the transport effects are less than minor.

4.2.6. Archaeological Effects

Although there are no known archaeological sites that will be affected by the Trent St Link, the Project Archaeologist has identified an area of “archaeological sensitivity” along part of the route, shown on Figure 2 within the Archaeological Management Plan (AMP) included in the CEMP in Appendix C.

The management of works within this area from an archaeological perspective is set out in the AMP, including requiring vegetation removal, topsoil stripping and earthworks to be monitored by a qualified Archaeologist in this area. Any accidental discoveries will be treated in accordance with the unexpected discoveries protocols outlined in the AMP. An authority from Heritage New Zealand has been obtained for the project which includes the Trent St Link.



It is considered that the effects on archaeology will be less than minor.

4.2.7. Stormwater Management

As a result of the construction of the Link the area of impervious surface will increase by approximately 450m². The effect of this is the increase of stormwater runoff into the surrounding catchment.

For the majority of the link (approximately 380m2) it is proposed that stormwater runoff will be discharged directly into the surrounding grassed areas on either side of the WSP which will provide attenuation and drainage. This will be achieved by constructing the path with a slight gradient to direct the runoff into the adjacent ground surface.

Where the path is located on road reserve the stormwater will be directed into the Trent St stormwater system. The increase in impermeable area draining to the stormwater system is approximately 70m2 which is considered a very minor increase. It is also noted that given the use of the shared path is for pedestrians and cyclists only, there is no source of contaminants.

Given the small increase in impervious surfaces and the proposed ground soakage for the majority of the link, the effects of stormwater runoff is considered less than minor.

4.2.8. Landscape and Visual Effects

A Landscape and Visual Assessment was undertaken for the Project and is included in Appendix E.

4.2.8.1. Landscape Effects

The construction of the shared path will slightly alter the existing landscape between the proposed Soljak Place Bridge and Trent Street. As the path runs adjacent to residential properties this has the potential to effect nearby receivers.

The assessment of landscape and natural character effects of the path concluded the Link will have negligible effects on landscape and natural character due to the modified nature of the existing environment, particularly the railway corridor and surrounding subdivision. As such, the natural character of the surrounding landscape is considered very low in the vicinity of the extension.

The construction of the Link will require the removal of some vegetation, including native trees. It is considered that the vegetation does not contribute to the wider landscape character in any significant manner, and their removal will have very low landscape effects. Nevertheless, replacement planting on the earthworked slopes is proposed to help integrate the Link into the surrounding landform (which is addressed in the PPC&NRP). Overall it is considered that the Link will have less than minor effects on landscape and natural character.



4.2.8.2. Visual Effects

The visual assessment focused on residential properties on Tait St, Soljak Place and Trent St. The assessment notes the following:

• Tait Street: Residential properties are located on the opposite side of the rail line and being lower in elevation with a vegetated barrier, are unlikely to experience visual effects of the Link;

• Trent Street: Visual effects for 1 Trent St have not been considered as the landowner has provided approval for the project. In addition the proposed new dwelllings on this site have not yet been constructed. It is considered that the visual effects for the remainder of the residential properties are consistent with what is provided for by the existing environment being road reserve adjacent to the rail corridor and as such, are negligible;

• Soljak Place: As part of the original WSP NOR and resource consent application, the Soljak Place Bridge was identified within the Landscape Visual Assessment as generating adverse visual effects on Units 45/46 8 Soljak Place to be mitigated through a combination of screening and landscaping as required by conditions. For this reason, additional consideration on the effects on units 45/46 8 Soljak Place was undertaken for the Trent St Link. This assessment has concluded that there will be very low visual effects for these properties given:

o The Soljak Place Bridge already provided for under the existing WSP designation will have the most visual effect on the residents;

o The Trent St Link is some distance from the most prominent aspect of the Bridge itself and will drop in elevation relativly quickly behind rail infrastructure;

o Planting proposed for the Soljak Place Bridge will provide screening between the Link and units 45/46;

o Other units at 8 Soljak Place (e.g. 47/48) are not considered to be adversely affected given the presence of existing vegetation which provides a natural screen.

Overall it is considered that the path will have less than minor visual effects.

4.2.9.Conclusion of Environmental Effects – Trent St Link

The above assessment of the Trent St Link’s potential adverse effects on the environment concludes that the construction and operational effects are less than minor.



4.3. Assessment of Environmental Effects – Harbutt Reserve Bridge Works

Given the small scale nature of the change in the Bridge abutment, the effects generated by the construction and operation of the Bridge (e.g. earthworks, noise and vibration, ecological effects, transport and stormwater) are considered to be less than minor.

The implementation of the CEMP is considered to effectively manage effects. As noted in section 3.5, the CEMP covers matters such as:

• Management of construction noise and vibration;

• Tree management including pest plant control, tree clearance and tree protection measures;

• Erosion and sediment control for earthworks management; and

• Management of contaminated soil (as Harbutt Reserve is a known contaminated site).

The CTMP in Appendix F also covers the management of construction vehicles to and from the site.

In relation to the stormwater pipe diversion, the works will not result in any additional stormwater runoff. Potential scouring that may occur at the outfall is to be mitigated by the use of rip rap.

It is concluded that the effects of the alteration at Harbutt Reserve Bridge will have less than minor effects on the environment.

4.4. Assessment of Environmental Effects – Lighting Condition Amendments

4.4.1. Amendment to Condition 22b

The effect of amending condition 22b) to state a maximum illuminance level of 10 lux is considered to be negligible. This is because the current document references in the condition have a 10 lux maximum requirement already. It is noted that conditions 3e and 22d require a lower level of illuminance (5 lux) at the boundary with 8 Soljak Place, and these conditions and levels are to remain, with the proposed lighting design achieving this level.

4.4.2. Amendment to Condition 22c

The effect of amending condition 22c) is considered to be negligible as the condition is to be changed to accurately reflect what was discussed at the hearing. The change aligns with the consultation undertaken with the owners of 45/8 and 46/8 Soljak Place as part of the hearing where it was agreed to change the lighting design to handrail lighting for the ramp opposite their north / north-west boundary in addition to the main span.



It is noted that in general, light poles are the preferred design option for AT, to provide for the safe use of the shared path (i.e. from a Crime Prevention through Environmental Design, or CPTED, perspective), and also to provide for security for neighbouring properties by lighting the bridge and nearby surrounds, where the handrail is used it will effectively light the bridge for users.

It is noted that the light from the poles will need to achieve the maximum illuminance levels of 5 lux at the boundary of 8 Soljak Place as set out in conditions 3e and 22d, to provide for the privacy of residents. The proposed lighting design achieves this. Therefore it is considered the change in condition will provide for the safety of users, and the security and privacy of 8 Soljak Place residents.

5. Consultation

Consultation with the following affected landowners who own the land subject to this alteration has been undertaken. The Lot details are included in the Land Requirement Plan Schedule in Appendix A. Their written approval is included as Appendix B:

• KiwiRail – The KiwiRail North Auckland Line is designated (H13-09) in the District Plan and in the PAUP (6300) and KiwiRail has provided approval under s176(1)(b) of the RMA for the use of the designated land.

• New Zealand Housing Foundation – 1 Trent St (Lot 1 DP 129217, NZ75D/378);

• Auckland Council (Parks) have a designation (referenced E04-09 in the District Plan and in the 31 in the PAUP 31) over part of the land owned by the New Zealand Housing Foundation and have provided approval (set out in a letter attached in Appendix B) under s176(1)(b) of the RMA for the use of designated land. Auckland Council (Parks) were supportive of the Trent Street Link and also provided feedback on which trees they would like to see remain and those trees which could be removed to facilitate construction and operation of the Link. This feedback is reflected in the Tree Management Plan in Appendix C and the final alignment selected and shown in Appendix D.

Additional parties consulted on with regard to the Trent Street Link are:

• Units 45/46 8 Soljak Place were provided via email with a copy of the plans and Landscape/Visual Assessment for the Link on the 15th March 2016 given the effect the original designation had on their properties due to the Soljak Place Bridge. No subsequent comment has been received to date;

• A pre lodgement meeting with Auckland Council (regulatory) was held to discuss the application in early 2016 with Paulina Whyte and Steve Van Kampen and a further meeting was held in April 2016 with Steve Van Kampen and Lisa Roberts



Discussions have also occurred with Fritha Witton from the Auckland Council Major Infrastructure Team;

• The iwi groups who identified an interest in the main project were consulted with, being Te Kawerau a Maki, Te Akitai Waiohua, Ngai Tai Ki Tamaki and Ngati Whatua o Orakei. The following feedback was received:

o Two iwi groups identified an interest in the Trent Street Link with a view to be involved in cultural inductions and monitoring for the Project, being Te Kawerau a Maki and Te Akitai Waiohua.

o Ngai Tai Ki Tamaki and Ngati Whatua o Orakei were generally interested in the project, with Ngai Tai Ki Tamaki having produced a Maori Values Assessment for the overall project. Ngati Whatua o Orakei have been kept up to date on the project through the design meetings for the overall project.

• The Trent Street Link is within the Auckland Council Whau Local Board area. The Whau Local Board are part funders of the Trent Street Link, and have been kept up to date on progress of the WSP and Trent Street Link to date;

• The Avondale Racing Pigeon Club, who lease a small building on KiwiRail land on Trent St. Their written approval is included in Appendix B.

Additional parties consulted on with regard to the Harbutt Reserve Bridge works are:

• Auckland Council Albert – Eden Local Board. The Albert – Eden Local Board have been kept up to date on progress of the WSP;

• Auckland Council (Parks) have also been consulted with in relation to the alteration of the WSP designation (E04-19) within their land at Harbutt Reserve to include the southern abutment of the Harbutt Reserve Bridge (and the associated stormwater pipe relocation) and a short section of the WSP that is outside of the current designation. In regard to the approval of the alteration of the WSP designation at Harbutt Reserve the letter from AC (Parks) attached in Appendix B acknowledges that AC (Parks) are “working with AT on approving the plans for the pathway where it continues through Council owned park land”. This approval will be provided to AC (Regulatory) on its receipt;

• Auckland Council (stormwater) has been consulted with as part of the Engineering Plan Approval (EPA) process, which includes the stormwater pipe diversion at Harbutt Reserve Bridge.



6. Statutory Assessment

6.1. Resource Management Act 1991

This section of the report considers the alteration against the relevant sections of the RMA.

6.1.1. Part 2: Sections 5 – 8 of the RMA

• Section 5: The purpose of the (RMA) is to promote the sustainable management of natural and physical resources. The alteration to the designation is considered to be consistent with the purpose by providing for an appropriate area for AT to undertake construction works to build the WSP and for the ongoing operation of the WSP, which provides for the communities social wellbeing and health. The effects of the alteration have been assessed as less than minor and can be appropriately mitigated.

• Section 6: No matters of national importance are relevant to the alteration;

• Section 7: The alteration provides for an efficient use of physical resources by providing an off road link for pedestrians and cyclists;

• Section 8: Consultation with local mana whenua has been undertaken and is ongoing as part of the overall project. The alteration is not inconsistent with the principles of the Treaty of Waitangi.

6.1.2. Section 171 – Recommendation by the Territorial Authority

Section 171(1) of the RMA lists those matters a territorial authority must have particular regard to, subject to Part 2, when considering the effects on the environment of the alteration. These are:

• The relevant provisions of any policy statement or plans:

o Section 6.2 assesses the project against relevant policy statements and plans and concludes that the project overall is consistent with and supports the provisions of these statements and plans;

• Whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the works:

o The general alignment has been set given the location of Trent Street and Soljak Place Bridge. Minor alignment changes have been considered and made to reduce the impact on vegetation and trees and the rail line, and different design options have been selected to reduce impacts on trees (e.g. parts of the Link are boardwalk);

• Whether the work is reasonably necessary for achieving the objective of the requiring authority:



o The objectives generally relate to the provision of a shared path providing community access from Waterview to Mt Albert, and as part of the wider cycleway network for Auckland. AT’s overarching outcome identified in their Statement of Intent is “Auckland’s transport system is effective and efficient, and provides for the region's social, economic, environmental and cultural wellbeing.”

o One of AT’s project objectives for the WSP is “to explore opportunities for the preferred shared path to be connected to the wider regional cycle network, transport nodes or other destinations (including open space areas) to improve walking and cycling accessibility and connectivity for the Waterview and Owairaka/ New Windsor communities”;

o The proposed work is reasonably necessary to achieve the above objectives of AT;

o The alteration to the designation is considered reasonably necessary for the following reasons:

To enable AT to have the flexibility to construct the shared path and undertake the proposed works or project in accordance with the designation, notwithstanding anything contrary within the District Plan;

To identify in the District Plan and the PAUP the location, nature and extent of the Project and AT’s clearly intended use of that land;

To protect the land and the security of the Project from other development which may preclude the construction, operation and maintenance of the Project; and

To enable the Project to be undertaken in a comprehensive and integrated manner.

• Relevant “other matters” that the territorial authority considers reasonably necessary in order to make a recommendation on the requirement:

o There are no other matters considered necessary.

6.2. Relevant Policy Statements and Plans

The objectives of the relevant policy statements and plans have been considered in relation to the alteration and in summary, the project is consistent and supportive of these objectives. These are discussed below.



6.2.1. National Environmental Standards

The National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (the NES) came into effect on 1 January 2012 and is of relevance to this project given the requirement to undertake earthworks within areas where contaminants have been identified (i.e. Trent St). The purpose of the NES is to:

• Provide a nationally consistent set of planning controls and soil contaminant values; and

• Ensure that land affected by contaminants in soil is appropriately identified and assessed before it is developed - and if necessary the land is remediated or the contaminants contained to make the land safe for human use.

As noted in section 4.5 above, intrusive site investigations have been undertaken for the Trent St link which identified the presence of asbestos in this area. As such along with the implementation of the overarching CSMP an Asbestos Management Plan has been produced for Trent St in relation to remediation and excavation of earthworks in this area. It is considered that the construction of the Link will be undertaken in accordance with the purpose of the NES.

Management of excavated material at Harbutt Reserve Bridge will be undertaken in accordance with the CSMP.

6.2.2. The Auckland Plan 2012

The Auckland Plan 2012 sets out a vision of providing for the growth of Auckland by one million people by 2040. Chapter D contains the Auckland High Level Development Strategy which notes the aim for a quality high compact urban environment by providing walkable amenities and facilities for residents. Chapter 13 identifies opportunities to improve cycling infrastructure, including creating safe and convenient cycle routes, connections between routes and creating an Auckland Cycle Network. The alteration supports the provisions of the Auckland Plan.

6.2.3. Auckland Regional Policy Statement 1999

Similar to the Auckland Plan, section 4.1 of the Regional Policy Statement focuses on providing a transport network that supports a compact sustainable urban form. The WSP is supportive of this policy by promoting active modes of transport that contribute to compact urban form.

6.2.4. Auckland Regional Land Transport Programme 2012 – 2015 and Regional Land Transport Strategy 2010

These documents set out a 30 year strategy for the development of a land transport system in Auckland. The documents largely promote improved and increased levels of



walking and cycling infrastructure. Accordingly the WSP supports the outcomes of these documents.

6.2.5. Auckland Regional Plan: Air, Land and Water

The aim of the Plan is to protect, maintain and enhance the quality of land and water in the Auckland Region. The proposed works aim to prevent and mitigate discharges to water and land through the appropriate management of earthworks and runoff during construction.

6.2.6. Auckland Regional Plan: Sediment Control

The aim of the Plan is to maintain or enhance the quality of water by minimising sediment discharge. The project seeks to achieve this aim through the use of an ESCP which is included in Appendix C.

6.2.7. Proposed Auckland Unitary Plan

The PAUP covers a wide range of matters of relevance to the alteration, including:

• Earthworks – The PAUP objectives seek to minimise sediment generation and undertake earthworks in a manner that protects people and the environment.

• Contaminated land – The PAUP objectives seek to manage contaminated land to protect human health and the environment whilst enabling land to be used for suitable activities.

• Transport and infrastructure – The PAUP objectives seek to provide a safe, efficient and integrated transport system including all modes such as walking and cycling.

Overall it is concluded that the WSP and the alteration is supportive of the PAUP objectives.

7. Conclusion

This alteration to the WSP designation and amendment to resource consents is served on Auckland Council in accordance with Section 181(3) and 127 of the RMA respectively. The Trent Street Link will connect Blockhouse Bay Road to the WSP at Soljak Place Bridge, via Trent Street, and will improve access to Phyllis and Harbutt Reserves and the Oakley Creek esplanade. The Harbutt Reserve Bridge will connect Phyllis and Harbutt Reserves. An assessment of effects on the environment has been completed for the alteration to designation and change to resource consents and concludes that the effects are less than minor. The works addressed in this application have been assessed against the relevant provisions of the RMA and is considered consistent with these provisions.



It is recommended that the alteration to the designation be confirmed and resource consents granted.

Appendix

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Appendix A

Land Requirement Plans and Schedule

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Appendix B

Written Approval from Affected Land Owners and Requiring Authorities

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Appendix C

Construction Environmental Management Plan, Rev 2 – April 2016

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Appendix D

Engineering Plans

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Appendix E

Landscape and Visual effects Assessment

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Appendix F

Construction Traffic Management Plan

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Appendix G

First Supplementary Evidence Statement by Amelia Linzey and Shannon Bray, 24 April 2015

Appendix

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Appendix H

Soljak Place Bridge Location of Handrail Lighting

Alteration to Designation and Section 127 …...h) Waterview Shared Path - Alteration to Designation...

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