Land Disturbance - District
- To undertake general earthworks of 144,520m³ (72,055m³ of cut and 72,465m³ of fill), as the earthworks are greater than 2,500m³ in a rural zone, is a restricted discretionary activity under rule E12.4.1(A10).
- To undertake general earthworks of 91,000m², as the earthworks are greater than 2,500m² in a rural zone, is a restricted discretionary activity under rule E12.4.1(A6).
- To undertake earthworks which do not meet Standards in E12.2.6 is a restricted discretionary activity under Rule C1.9. These infringements are:
(i) Standard E12.6.2(1) limits land disturbance within riparian yards and coastal protection yards to less than 5m² or 5m³ for general earthworks. The proposal involves earthworks within the riparian yard (approximately 1,810m²) and within the coastal protection yard (approximately 846m²).
(ii) Standard E12.6.2(11) limits earthworks within a 100-year annual exceedance probability (AEP) flood plain to raising ground levels no more than 300mm to a total fill volume up to 10m³. Earthworks including a total cut of 203m³ and fill of 866m³ are proposed for the construction of the new site entrance/intersection with Kaipara Coast Highway within the 100-year AEP flood plain.
(iii) Standard E12.6.2(12) states that earthworks (including filling) within overland flow paths must maintain the same entry and exit point at the boundaries of a site and not result in any adverse changes in flood hazards beyond the site, unless such a change is authorised by an existing resource consent. Crang Civil (August 2024) confirm that the entry and exit points at the boundaries of the site remain the same, but do not confirm that these works will not result in any adverse changes in flood hazards beyond the site.
Vegetation Removal (E15)
- Conservation planting in the Outstanding Natural Features Overlay, Outstanding Natural Character Overlay, High Natural Character Overlay or the Outstanding Natural Landscapes Overlay must be limited to planting of indigenous species for ecological restoration or landscape restoration purposes, under Standard E15.6.3(2). The application seeks consent to infringe this Standard, as Orchard 1 is not indigenous vegetation. This is a restricted discretionary activity under Table E15.4.2(A24).
- To undertake vegetation alteration or removal, including cumulative removal on a site, over a 10-year period, of greater than 250m² of indigenous vegetation that is contiguous vegetation on a site existing on 30 September 2013 and is outside the rural urban boundary is considered a restricted discretionary activity under Table E15.4.1 (A10).
- Vegetation alteration or removal within 20m of rural streams, other than those in Rural - Rural Production Zone and Rural - Mixed Rural Zone (in this case being in the Rural Coastal Zone) is a restricted discretionary activity under Table E15.4.1 (A16).
- Vegetation alteration or removal within 10m of rural streams in the Rural – Rural Production Zone and Rural – Mixed Rural Zone is a restricted discretionary activity under Table E15.4.1 (A17).
- Vegetation alteration or removal within 20m of a natural wetland, in the bed of a river or stream (permanent or intermittent), or lake is considered a restricted discretionary activity under Table E15.4.1 (A18).
E17- Trees in Roads
- Tree trimming or alteration that does not comply with Standard E17.6.1 is a restricted discretionary activity under Table E17.4.1(A6).
- Works within the protected root zone that do not comply with Standard E17.6.3 is a restricted discretionary activity under Table E17.4.1(A8).
- The removal of any tree greater than 4m in height or greater than 400mm in girth in the road requires consent as a restricted discretionary activity under Table E17.4.1 (A10).
E26- Infrastructure
- Vegetation alteration or removal in rural zones and riparian areas that does not comply with Standards E26.3.5.1 to E26.3.5.4 requires consent as a restricted discretionary activity under rule Table E26.3.3.1 (A77).
E27- Transportation
- Construction and use of a vehicle crossing where a Vehicle Access Restriction applies under Standards E27.6.4.1(2) or E27.6.4.1(3) requires consent as a restricted discretionary activity under Table E27.4.1 (A5).
E36- Natural Hazards and Flooding
- Diverting the entry or exit point, piping or reducing the capacity of any part of an overland flow path is a restricted discretionary activity under Table E36.4.1(A41).
H19- Rural zone
- Dwellings on proposed sites will not meet the yard setbacks in H19.10.3 (as the building platforms are not in all cases located outside the required yard). This is a restricted discretionary activity (C1.9).
- Establishing a community facility and associated building is a discretionary activity under rule H19.8.1(A46).
Regional land use (operative plan provisions)
E3- Lakes, rivers and streams
- Table E3.4.1 (A44) states that structures (including culverts) not meeting the permitted activity standards in E3.6.12 require consent as a discretionary activity.
The proposal includes five culverts: Culvert 1 (15m), Culvert 2 (14m), Culvert 3 (20m), Culvert 4 (13m), and Culvert 5 (12m). The combined length is over 30m.
E11- Land Disturbance - Regional
- To undertake general earthworks of 91,000m² with a slope of 18 degrees, as the earthworks are greater than 2,500m² where the land has a slope equal to or greater than 10 degrees is a restricted discretionary activity under rule E11.4.1(A8).
- To undertake general earthworks of 91,000m² (partially) within the Sediment Control Protection Area, as earthworks greater than 2,500m² within the Sediment Control Protection Area, is a restricted discretionary activity under rule E11.4.1(A9).
National Environmental Standards for Freshwater
- Vegetation clearance within, or within a 10m setback from, a natural inland wetland requires consent as a non-complying activity under section 54(a) of the National Environment Standard for Freshwater.
Stormwater discharge consent (s15) – DIS60412103
Stormwater - Discharge and diversion
- Table E8.4.1(A10) states that the diversion and discharge of stormwater runoff from impervious areas not otherwise provided for requires consent as a discretionary activity. The total impervious area has been estimated at 4.73ha.
Water diversion consent (s14) – WAT60412104
- Earthworks within, or within a 10m setback from, a natural inland wetland requires consent as a non-complying activity under Section 54(b) of the National Environment Standard for Freshwater.
Subdivision consent (s11) – SUB60406160
Auckland Unitary Plan (Operative in part)
Subdivision (operative plan provisions)
Subdivision - Rural
- To subdivide land in the Rural Coastal Zone not complying with Standard E39.6.5.1, is a non-complying activity under rule E39.4.2(A13).
- The proposed lots do not meet the minimum average site size of 50ha and minimum site size of 40ha required under Standard E39.6.5.1(1).
- Subdivision of land within any of the following natural hazard areas:1 per cent annual exceedance probability floodplain; coastal storm inundation 1 per cent annual exceedance probability (AEP) area; coastal storm inundation 1 per cent annual exceedance probability (AEP) plus 1m sea level rise area; coastal erosion hazard area; or land which may be subject to land instability, is a restricted discretionary activity under Table E39.4.1(A8).
- Any subdivision listed in this table not meeting standards in E39.6.1 (E39.6.1.1, Specified Building Areas) is a discretionary activity under Table E39.4.1(A9).
- Subdivision not provided for in Tables E39.4.1 or E39.4.2 is a non-complying activity.
Proposed Plan Change 120
- The construction of private roads, roads intended to be vested, and accessways in flood hazard areas, in a Very High Flood Hazard Area is a restricted discretionary activity under rule E36.4.1A(A88).
- All other structures and buildings (including retaining walls) in the 1 percent annual exceedance probability (AEP) floodplain and flood prone areas, in the Very High Flood Hazard Area is a restricted discretionary activity under rule E36.4.1A(A98).
- Diverting the entry or exit point, piping or reducing the capacity of any part of an overland flowpath in the Very High Flood Hazard Area is a restricted discretionary activity under rule E36.4.1A (A120).
- The construction of other land drainage works, stormwater management devices or flood mitigation works in the 1 per cent annual exceedance probability (AEP) floodplain and flood prone areas is a restricted discretionary activity under Table E36.4.1A(A92).
- New structures and buildings with a gross floor area more than 20m² associated with activities sensitive to natural hazards in landslide hazard risk areas that comply with Standard E36.6.A1 is a restricted discretionary activity under Table E36.4.1B(A124).
- Subdivision of land within natural hazard areas (flood hazard areas, coastal hazard areas, landslide susceptibility assessment areas) is a restricted discretionary activity under Table E39.4.1(A8).
