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Queenstown Lakes District Council - Private Bag 50072 - Queenstown 9348 - Tel 03 441 0499 - www.qldc.govt.nz
DECISIONS OF THE QUEENSTOWN LAKES DISTRICT COUNCIL
NOTIFICATION UNDER s95A AND S95B AND DETERMINATION UNDER s104
RESOURCE MANAGEMENT ACT 1991 Applicant: Shotover Country Limited RM reference: RM180254 Application: Application under Section 88 of the Resource Management Act 1991
(RMA) for land use consent to establish residential flats associated with the construction of residential units on allotments located within the Rural Zone consented by SH160139
Location: Tonis Terrace, Shotover Country Legal Description: Lots 1 – 53, 71 – 87 and 91 – 101 of SH160139. Current legal
description is Lot 1 Deposited Plan 510123 held in Computer Freehold Register (CFR) 780299
Operative Zoning: Rural General Proposed Zoning: Rural Activity Status: Controlled Date 5 March 2018
SUMMARY OF DECISIONS 1. Pursuant to sections 95A-95F of the RMA the application will be processed on a non-notified
basis given the findings of Section 6.0 of this report. This decision is made by Katrina Ellis, Team Leader Resource Consents, on 5 March 2018 under delegated authority pursuant to Section 34A of the RMA.
2. Pursuant to Section 104 of the RMA, consent is GRANTED SUBJECT TO CONDITIONS
outlined in Appendix 1 of this decision imposed pursuant to Section 108 of the RMA. The consent only applies if the conditions outlined are met. To reach the decision to grant consent the application was considered (including the full and complete records available in Council’s electronic file and responses to any queries) by Katrina Ellis, Team Leader Resource Consents as delegate for the Council.
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1. PROPOSAL AND SITE DESCRIPTION Proposal and Site Description Consent is sought to establish residential flats associated with the establishment of residential units on Lots 1 – 53, 71 – 87 and 91 – 101 of SH160139 at Shotover Country. The applicant has provided a detailed description of the proposal, the site and locality in the report entitled ‘Information & Assessment of Environmental Effects – Shotover Country Limited – Land Use Consent: Residential Flat’ prepared by Karen Hanson of Clark Fortune McDonald & Associates and submitted as part of the application (hereon referred to as the applicant’s AEE and attached as Appendix 2). This description is considered accurate and is adopted for the purpose of this report. Site History To summarise the site history, the subject site was part of a subdivision approved through SH160139 for 101 residential allotments and associated land use consent to construct residential units on all 101 allotments. The subject site is known as Stage 15 of the Shotover Country Development. The development approved by SH160139 is split across the Shotover Country Special Zone and the Rural General Zone. Within the Shotover Country Zone, residential flats are a permitted activity and do not require resource consent, hence this application relates solely to the residential allotments located within the Rural General Zone. The subdivision authorised by SH160139 has not yet had s223 or s224c certificates issued. 2. ACTIVITY STATUS 2.1 THE DISTRICT PLAN OPERATIVE DISTRICT PLAN The subject site is zoned Rural General and the proposed activity requires resource consent for the following reason:
• A controlled activity resource consent pursuant to Rule 5.3.3.2 [viii] for the establishment of a residential flat on Lots 1 – 53, 71 – 87 and 91 – 101 of SH160139. Council’s control is limited to this matter.
Overall, the application is considered to be a controlled activity. PROPOSED DISTRICT PLAN Council notified the first stage of the Proposed District Plan on 26 August 2015. The Proposed District Plan included the proposed rules for the Rural Zone and the proposed rules for Temporary Activities. There are no rules with immediate legal effect in relation to the proposed development. The second stage of the District Plan was notified on 23 November 2017. There are no rules within this stage which are relevant to this application. 2.2 NATIONAL ENVIRONMENTAL STANDARD FOR ASSESSING AND MANAGING
CONTAMINANTS IN SOIL TO PROTECT HUMAN HEALTH Based on the Preliminary Site Investigation prepared on behalf of the applicant/the applicants review of Council records, the piece of land to which this application relates is not a HAIL site, and therefore the NES does not apply. 2.2 OVERALL ACTIVITY STATUS Overall the application is considered to be a controlled activity.
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3.0 SECTION 95A PUBLIC NOTIFICATION 3.1 Step 1 – Mandatory public notification The applicant has not requested public notification of the application (s95A(3)(a)). Public Notification is not required in terms of refusal to provide further information or refusal of the commissioning of a report under section 92(2)(b) of the Act (s95A(3)(b)). The application does not include exchange to recreation reserve land under section 15AA of the Reserves Act 1977 (s95A(3)(c)). 3.2 Step 2 – Public notification precluded Public notification is not precluded by any rule of national environmental standard (s95A(5)(a)). The proposal is precluded from notification as the application is a controlled activity (s95A(b)(ii)). As such, no section 95(D) assessment of effects on the environment is required and Step 3 does not apply. 3.3 Step 4 – Public Notification in Special Circumstances There no special circumstances in relation to this application. 4.0 EFFECTS ON PERSONS Section 95B(1) requires a decision whether there are any affected persons (under s95E). The following steps set out in this section, in the order given, are used to determine whether to give limited notification of an application for a resource consent, if the application is not publicly notified under section 95A. 4.1 Step 1: certain affected groups and affected persons must be notified Limited notification is not required under Step 1 as the proposal does not affect customary rights groups, customary marine title groups nor is it on, adjacent to or may affect land subject to a statutory acknowledgement. 4.2 Step 2: if not required by step 1, limited notification precluded in certain circumstances Limited notification is not precluded as the proposal is not subject to a rule in the District Plan or is not subject to a NES that precludes notification. Limited notification is precluded by Step 2 as the application is for a controlled activity (other than a subdivision of land) (s95B(6)(b)(i)). As such, no section 95(E) assessment of effects on the environment is required Therefore Step 3 does not apply. 4.3 Step 4 – Further Limited Notification in Special Circumstances Special circumstances do not apply that require limited notification. 5.0 OVERALL NOTIFICATION DETERMINATION Given the decisions made above in sections 3 and 4 the application is to be processed on a non-notified basis.
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6.0 S104 ASSESSMENT 6.1 EFFECTS EFFECTS ON THE ENVIRONMENT (s104(1)(a)) The Assessment of Effects provided at section 2.0 of the applicant’s AEE, is comprehensive and considered accurate. It is therefore adopted for the purposes of this report with the following comments. Nature of Development All residential flats located on the subject site will be subject to the requirements of the Operative District Plan. The definition of a residential flat is copied below:
Residential flats are common within the Shotover Country Development. Future residential flats located on sites located within the Rural General Zone portion of Stage 15 will be consistent with the nature and character of the rest of Shotover Country and as such are assessed as being acceptable and will not detract from the amenity of the surrounding area. Further, as required under SH160139, consent notice requirements will be registered as an instrument on future Computer Freehold Registers of the residential allotments which limit each allotment to one residential unit, control maximum building coverage and maximum height among other matters. This essentially creates an ‘envelope’ of development on each residential allotment. The residential flats will be required to comply with these conditions. Residential flats also generate the requirement for an additional car park and to have an adequate outdoor living area. The additional car park and outdoor living area will need to be demonstrated at the time building consent is applied for to demonstrate compliance with the District Plan. Given the above, it is assessed that a residential flat can be accommodated on each allotment with a less than minor effect on the surrounding environment. Servicing and Infrastructure Confirmation has been sought from Council’s Infrastructure department to confirm there is sufficient servicing capacity for the addition of residential flats on these sites. Infrastructure have confirmed there is adequate provision for infrastructure is in place to service the residential flats, once the area is developed in accordance with SH160139. Further, the same infrastructure modelling has been utilised across the all stages of the Shotover Country development and as previously noted, residential flats are permitted within all other areas of this development. The sites will not change in size and the level of irrigation requirements are not considered to increase from allowing residential flats on these sites. This consent will allow future land owners to design their residential units with the option of including residential flats if they desire as is common across other areas of the development. For these reasons, it is assessed that the effect on infrastructure and servicing will be acceptable and has a less than minor effect on the surrounding environment. Other
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There are no relevant instruments detailed on the CFR for Lot 1 DP 510123 that have any relevance or effect this application. Overall Effects Conclusion Overall it has been assessed that the effects of establishing residential flats associated with the construction of residential units will be acceptable. 6.2 RELEVANT DISTRICT PLAN PROVISIONS (s104(1)(b)(vi)) Operative District Plan Residential flats are common within the Shotover Country development. The relevant objectives and policies are located in Section 4 (District Wide) and Section 5.2 (Rural Areas) of the District Plan. The applicant’s AEE at Section 3.0 states that the relevant objectives and policies have been assessed as part of SH160139. This is accepted with the following comment: The objectives and policies for the Rural General Zone seek to retain the rural character of zone and to ensure productive farmland is retained. In this instance, the subject site is part of a consented Special Housing Area that will be similar in nature to the other stages of the Shotover Country development. The inclusion of allowing landowners the option of including residential flats, which will be required to comply with the conditions imposed by SH160139 and to be registered as Consent Notice conditions, is not considered to be contrary to the objectives and policies of the Operative District Plan. Proposed District Plan Council notified the Proposed District Plan on 26th August 2015, which contains objectives and policies with immediate legal effect, pursuant to section 86A(2) of the RMA. In this case, the objectives and policies contained in Part 2, Chapters 3 (Strategic Direction) and 4 (Urban Development) and Part 4, Chapter 21 (Rural Zone). Residential development has been consented on the allotments. Throughout the Commissioner’s decision for SH160139, the objectives and policies of the Proposed District Plan are assessed thoroughly. It is acknowledged in the decision of the Commission that part of the subject site is located within the Rural General Zone and the Commission accepted Dr Marion Read’s comments that while the character of the subject site would alter, there would be no adverse effect on the character and quality of the wider landscape of the south-western Wakatipu Basin, subject to the imposition of conditions limiting the height and style of fencing, and by the planting the bank with indigenous development. As these conditions remain, all future residential flats are required to be designed to meet these conditions. As such, it is accepted that the application can be supported by the objectives and policies of the Proposed Distract Plan. Stage 2 of the Proposed District Plan was notified on 23 November 2017, which contains objectives and policies with immediate legal effect, pursuant to section 86A(2) of the RMA. It is considered given the minimal extent to which the Proposed District Plan has been exposed to testing and independent decision-making, minimal weight will be given to these provisions at this stage. Further, the objectives and policies within the ODP and PDP for this matter are similar in nature and intent, and as such it is considered the proposal would be in accordance with these objectives and policies. 6.3 PART 2 OF THE RMA As in this case the relevant District Plan provisions are valid, have complete coverage and are certain, the above assessment under s104 matters, which give substance to the principles of Part 2, illustrates that the proposed activity accords with Part 2 of the Act.
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6.4 DECISION ON RESOURCE CONSENT PURSUANT TO SECTION 104 OF THE RMA Consent is granted subject to the conditions outlined in Appendix 1 of this decision report imposed pursuant to Section 108 of the RMA. 7.0 OTHER MATTERS Local Government Act 2002: Development Contributions This proposal is considered to be a “Development” in terms of the Local Government Act 2002 as it will generate a demand for network infrastructure and reserves and community facilities. Future landowners who include a residential flat as part of their residential units will be required to pay a development contribution. This will be addressed at the time of Building Consent. It is noted, for clarity, that SH160139 generates the requirement for a development contribution to be paid prior to s224c being issued. The development contribution required for each residential flat is in addition to the development contribution required by SH160139. Administrative Matters The costs of processing the application are currently being assessed and you will be advised under separate cover whether further costs have been incurred. The Council will contact you in due course to arrange the required monitoring. It is suggested that you contact the Council if you intend to delay implementation of this consent or if all conditions have been met. This resource consent must be exercised within five years from the date of this decision subject to the provisions of Section 125 of the Resource Management Act 1991.
If you have any enquiries please contact Alex Dunn on phone (03) 443 0126 or email alex.dunn@qldc.govt.nz. Report prepared by Decision made by
Alex Dunn Katrina Ellis PLANNER TEAM LEADER: RESOURCE CONSENTS APPENDIX 1 – Consent Conditions APPENDIX 2 – Applicant’s AEE
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APPENDIX 1 – CONSENT CONDITIONS General Conditions 1. That the development must be undertaken/carried out in general accordance with the application
as submitted including the site plan showing the allotments within the Rural General Zone of Stage 15 of the Shotover Country Development: • ‘Shotover Country Stage 15 Activity Areas & Zone Plan’, prepared by Clark Fortune
McDonald & Associates. Job No. 12508, Drawing No. 03. Dated 20.07.16. stamped as approved on 5 March 2018
and the application as submitted, with the exception of the amendments required by the following conditions of consent.
2a. This consent shall not be exercised and no work or activity associated with it may be commenced
or continued until the following charges have been paid in full: all charges fixed in accordance with section 36(1) of the Resource Management Act 1991 and any finalised, additional charges under section 36(3) of the Act.
2b. The consent holder is liable for costs associated with the monitoring of this resource consent
under Section 35 of the Resource Management Act 1991. 3. This consent cannot be exercised until titles are issued for the subdivision approved under
SH160139. For Your Information If your decision requires monitoring, we will be sending an invoice in due course for the deposit referred to in your consent condition. To assist with compliance of your resource consent and to avoid your monitoring deposit being used before your development starts, please complete the “Notice of Works Starting Form” and email to the Monitoring Planner at RCMonitoring@qldc.govt.nz prior to works commencing. You may also have conditions that require you to apply for Engineering Acceptance. To apply for Engineering Acceptance, please complete the Engineering Acceptance Application form and submit this completed form and an electronic set of documents to engineeringacceptance@qldc.govt.nz with our monitoring planner added to the email at RCMonitoring@qldc.govt.nz. If your decision requires a development contribution (DC) charge, we will be sending a notice in due course. To answer questions such as what is a DC charge, when a DC charge is triggered and timing of payments, please refer to this link. http://www.qldc.govt.nz/planning/development-contributions/ If you wish to make a DC estimate calculation yourself, please use this link: http://www.qldc.govt.nz/planning/development-contributions/development-contributions-estimate-calculator/ And for full details on current and past policies, please use this link: http://www.qldc.govt.nz/council-online/council-documents/policies/policy-on-development-contributions-and-financial-contributions/
ATTACHMENT [A] Information & Assessment of Environmental Effects
SHOTOVER COUNTRY LIMITED
Land Use Consent: Residential Flat
19th February 2018 Prepared by: Karen Hanson
CLARK FORTUNE MCDONALD & ASSOCIATES REGISTERED LAND SURVEYORS, LAND DEVELOPMENT & PLANNING CONSULTANTS
Status: FINAL 19th February 2018
CLARK FORTUNE MCDONALD & ASSOCIATES REGISTERED LAND SURVEYORS, LAND DEVELOPMENT & PLANNING CONSULTANTS
Page 2
1.0 A DETAILED DESCRIPTION OF THE PROPOSAL
1.1 Site Description
The site is located at the southern end of Toni’s Terrace on the lower terrace of the
Shotover Country Development. A site location plan is contained within Attachment [C] to
this application.
The site is flat and was previously used for grazing stock. The site is separated from the
Shotover River by an unformed portion of Old School Road and a narrow marginal strip. A
row of mature willows lines the river edge. The majority of the site is open pasture
however, the south-eastern part has been subject to gravel extraction, processing and
stockpiling in the past and is currently used for stockpiling, gravel storage and processing.
To the east of the site, earthworks have been completed as part of raising the ground
level in Activity Area 1f of the Shotover Country zone suitable for building development
consented under RM140057.
The site for which this application relates includes all of the Rural General zoned land
located within the Special Housing Area approved by Resource Consent SHA160139
(Attachment E). A zone overlay plan is included as Attachment [D] to this application.
The site is legally described as Lot 1 DP 510123 being 40.5584 hectares in area and
contained within Certificate of Title 780299. A copy of the title is included as Attachment
[B] to this application.
A number of private covenants are registered on the above titles, these are described as
follows:
Land Covenant 834400.3 rights and obligations towards the water supply scheme
Land Covenant 838259.3 rights and obligations towards the water supply scheme
Land Covenant 850246.4, rights and obligations towards the water supply scheme
Land Covenant 850246.7, rights and obligations towards the water supply scheme
Land Covenant 5226852.1, restrictive covenant relating to continued use of airport and
covenants in favour of the airport company
Land Covenant 5907860.3 private covenant on development restrictions
Land Covenant 9051224.1 non object covenant relating to the airport
Surrender Land Covenant 9051224.2
Land Covenant in Easement Instrument 9354663.1 non objection covenant
Status: FINAL 19th February 2018
CLARK FORTUNE MCDONALD & ASSOCIATES REGISTERED LAND SURVEYORS, LAND DEVELOPMENT & PLANNING CONSULTANTS
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Land Covenant in Easement Instrument 9562502.8 non objection covenant
Land Covenant 9562502.26 non objection covenant
Land Covenant in Easement Instrument 9604239.6 non objection covenant
Land Covenant 9630063.16 non objection covenant
Land Covenant 9660637.10 non objection covenant
Land Covenant 9761139.8 non objection covenant
Land Covenant 9732217.13 non objection covenant
Land Covenant 9770165.5 non objection covenant
Land Covenant 9930950.3 non objection covenant
Land Covenant 9988259.26 non objection covenant
Land Covenant 9989777.1 non objection covenant
Land Covenant 9989777.2 non objection covenant
Land Covenant 10075615.11 non objection covenant
Land Covenant 10128651.16 non objection covenant
Land Covenant in Easement Instrument 10208646.24 non objection covenant
Land Covenant in Easement Instrument 10370226.16 private covenant on development
restrictions
Land Covenant in Easement Instrument 10370226.17 non objection covenant
Land Covenant in Easement Instrument 10414151.5 non objection covenant
Land Covenant in Easement Instrument 10414151.6 non objection covenant
Land Covenant in Easement Instrument 10442019.4 non objection covenant
Land Covenant in Easement Instrument 10442019.5 non objection covenant
The following encumbrances are also registered:
Encumbrance 8481955.4 to the QLDC relating to the provision of infrastructure. The
encumbrance is now redundant.
Consent Notice 10208646.16 relates to the underlying Rural General Zone in relation to
servicing and access. The consent notice will be removed in accordance with underlying
subdivision consent RM160269.
All consent notices and covenants were included as part of the application for
SHA160139 and are held on Council file. They have not been included again here due to
the size and number of the documents.
All conditions of these have been considered and there are none which restrict or are
necessarily relevant to the current application.
Status: FINAL 19th February 2018
CLARK FORTUNE MCDONALD & ASSOCIATES REGISTERED LAND SURVEYORS, LAND DEVELOPMENT & PLANNING CONSULTANTS
Page 4
1.2 Background: Shotover Country Special Housing Area
Resource Consent SHA160139 was approved for the site on 4th May 2017 and included
(amongst other things) the approval for the creation of 101 residential allotments and
construction of a residential dwelling and accessory buildings on each lot.
The site is split zoned as identified on the plan included as Attachment [D] to this
application.
1.3 Proposed Activity
As a result of the split zoning there is an inconsistency between activities over the site
whereby, within the Shotover Country Special Zone a residential flat can be constructed
as part of the main residential unit without a further resource consent being required
however, within the Rural General zoned land a controlled activity consent would be
required for the same activity.
This application therefore seeks to standardise this aspect of the development and enable
a residential flat to be included as part of the residential dwelling on Lots 1 – 53, 71 – 87
and 91 – 101 SHA160139 being those lots located within or partly within the Rural
General zone. A Residential Flat would be required to comply with the definition for a
‘Residential Flat’ as defined in the ‘Definitions’ section of the District Plan.
This applicant volunteers the following conditions of resource consent:
1. ‘Residential Flat’ has the same meaning as the Queenstown Lakes Operative
District Plan and must meet the following requirements:
Consists of no more than one flat in the same ownership as the
residential unit; and
Is contained within the same residential unit; and
If attached to a detached accessory building does not cover more than
50% of the total Gross Floor Area of the building containing the flat and
detached accessory building; and
Contains no more than one kitchen and one laundry; and
Does not cover more than 35% of the total Gross Floor Area of the
building(s) containing the residential unit and flat (but excluding
accessory buildings).
Status: FINAL 19th February 2018
CLARK FORTUNE MCDONALD & ASSOCIATES REGISTERED LAND SURVEYORS, LAND DEVELOPMENT & PLANNING CONSULTANTS
Page 5
2. One additional off street carpark must be provided for the sole use by occupiers of
the Residential Flat
3. A Residential Flat is not to be used for Visitor Accommodation.
For the purpose of this condition Visitor Accommodation means the use of land or
buildings for short-term, fee paying, residential accommodation where the length of
stay for any visitor/guest is less than 3 months.
4. The Consent Holder must comply with all other conditions of Resource Consent
SHA160139
5. The lapse date for this consent shall be 4 May 2023.
1.4 Statutory Provisions
1.4.1 Queenstown Lakes Operative District Plan
Land use consent is required under rule 5.3.3.2 (vii) Residential Flat as a Controlled
Activity for the construction and use of a Residential Flat on Lots 1 – 53, 71 – 87 and 91 –
101 SHA160139 which are all located within, or partly within the Rural General Zone
1.4.2 National Environmental Standard for Assessing and Managing Contaminants in Soil to
Protect Human Health 2012.
NES was considered under the original SHA consent. A copy of that report is included as
Attachment [F] to this application.
Consent under NES is not required.
1.5 Classes of Activities
There are no associated activities included in the proposal which have not already been
consented under SHA160139 or can be undertaken on the property as-of-right.
Status: FINAL 19th February 2018
CLARK FORTUNE MCDONALD & ASSOCIATES REGISTERED LAND SURVEYORS, LAND DEVELOPMENT & PLANNING CONSULTANTS
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1.5.1 Queenstown Lakes District Operative Plan
The site is located within the Rural General and Shotover Country Special Zone of the
Queenstown Lakes District Operative Plan. The site does not contain any known
protected items, areas of significant vegetation or designations.
The proposed application is correcting a technical error that was not considered at the
time of the underlying resource consent.
1.5.2 Queenstown Lakes District Proposed Plan
Submissions towards the Proposed District Plan closed on the 23rd of October, a
summary of submissions was released 26th November and these are currently being
heard. It is considered unnecessary to undertake a weighting exercise.
Relevant Chapters of the Proposed District Plan have been considered as part of this
application. These have been assessed and it has been concluded that the current
application has little or no bearing on the Objectives, Policies, Standards or Rules
contained in the Proposed District Plan.
2.0 ASSESSMENT OF THE ACTIVITY’S EFFECTS ON THE ENVIRONMENT
2.1 If it is likely that the activity will result in any significant adverse effect on the
environment, a description of any possible alternative locations or methods for
undertaking the activity:
It is considered that the proposal will not result in any significant adverse effect on the
environment and the location and methods proposed are considered appropriate.
2.2 An assessment of the actual or potential effect on the environment of the activity:
2.2.1 Permitted and Consented Baseline
Section 104 of the Resource Management Act 1991 provides that a consent authority
may disregard an adverse effect of the activity on the environment if a national
environmental standard or the plan permits an activity with that effect. Permitted Activities
within the Rural General Zone are limited however, resource consent for the construction
of a dwelling unit has been approved for each of the sites.
Status: FINAL 19th February 2018
CLARK FORTUNE MCDONALD & ASSOCIATES REGISTERED LAND SURVEYORS, LAND DEVELOPMENT & PLANNING CONSULTANTS
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2.2.2 Any physical effect on the locality, including any landscape and visual effects
The proposal is detailed in Part 1.3 of this application and is not considered to result in
any adverse effects in terms of any physical effect on the locality, including any
landscape and visual effects.
2.2.3 Any effect on those in the neighbourhood and, where relevant, the wider community,
including any social, economic, or cultural effects:
Any effects associated with the application are minor and can be adequately addressed
through appropriate conditions of consent. These conditions have been volunteered as
part of the application and are detailed in section 1.3 above.
2.2.4 Any effect on ecosystems, including effects on plants or animals and any physical
disturbance of habitats in the vicinity:
No significant adverse effects on ecosystems (plants or animals) have been identified.
2.2.5 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:
Due to the nature of the current application no adverse effects on natural or physical
resources were identified.
2.2.6 Any discharge of contaminants into the environment, including any unreasonable
emission of noise, and options for the treatment and disposal of contaminants:
The original proposal and the current proposal do not include the discharge of
contaminants.
2.2.7 Any risk to the neighbourhood, the wider community, or the environment through natural
hazards or the use of hazardous substances or hazardous installations:
These matters were addressed through the original consent. This application does not
exacerbate or worsen any risk and the conditions of the original consent continue to
apply.
Status: FINAL 19th February 2018
CLARK FORTUNE MCDONALD & ASSOCIATES REGISTERED LAND SURVEYORS, LAND DEVELOPMENT & PLANNING CONSULTANTS
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2.3 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:
Refer to Part 2.2.7 above.
2.4 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:
Refer to Part 2.2.6 above.
2.5 A description of the mitigation measures (including safeguards and contingency
plans where relevant) to be undertaken to help prevent or reduce the actual or
potential effect:
Actual and potential adverse effects of the proposal have been considered in Part 2.2.
2.6 Identification of the persons affected by the activity, any consultation undertaken,
and any response to the views of any person consulted:
No persons are considered affected by the activity.
2.7 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 monitoring above or beyond standard consent conditions are required.
2.8 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).
The proposal will not have any adverse effect on the exercise of a protected customary
right.
Status: FINAL 19th February 2018
CLARK FORTUNE MCDONALD & ASSOCIATES REGISTERED LAND SURVEYORS, LAND DEVELOPMENT & PLANNING CONSULTANTS
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3.0 DISTRICT PLAN: OBJECTIVES AND POLCIES ASSESSMENT
Relevant Chapters of the Operative and Proposed District Plan were considered as part
of the original consent SHA160139. These have been assessed and it has been
concluded that for the reasons promoted in the original decision towards relevant
Objectives and Policies of the Operative District Plan the current application is consistent
with the Objectives and Policies of the Proposed District Plan.
4.0 DISTRICT PLAN: RULES AND ASSESSMENT CRITERIA
4.1 Queenstown Lakes District Council District Plan
Land use consent for the construction of a residential unit was approved by resource
consent SHA160139 and where it was found that the proposal was consistent with the
District Plan assessment criteria. The weighting afforded as part of the SHA process
towards Servicing Infrastructure is a priority consideration for Council when assessing
such applications under the HASHAA. A ‘Residential Flat’ is a permitted activity in the
Shotover Country zone and Controlled in the Rural General zone and where Council
cannot refuse resource consent. In addition, by definition a Residential Flat is considered
as part of the Residential Unit. It can therefore be accepted that the Infrastructure
assessment carried out as part of the underlying SHA consent considered the ability for
all residential units to include a residential flat. The effects on servicing infrastructure
have therefore been considered as part of the SHA process and considered appropriate
as they now apply to this application.
5.0 RESOURCE MANAGEMENT ACT 1991 (RMA 91): PART 2
This development will promote sustainable management of natural and physical
resources within the site, whilst ensuring that social, economic, and cultural well-being is
provided for. The proposal will avoid, remedy and mitigate adverse effects of activities on
the environment. The proposal is an efficient use of the land resource in this location.
Overall, the proposal is in keeping with the purpose and principles of the RMA.
AEE prepared by Karen Hanson
CLARK FORTUNE MCDONALD & ASSOCIATES
19th February 2018
ATTACHMENT [B] ............................................... Certificates of Title and Encumbrances ATTACHMENT [C] ............................................................................... Site Location Plan ATTACHMENT [D] ...............................................................................Zone Overlay Plan
ATTACHMENT [E] .......................................................................... Decision SHA160139 ATTACHMENT [F] ................ Preliminery Site Investiagtion and Addendum: NES Report
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90919293949596979899100
LOT 1205RM 160269
RECREATION RESERVE
STAGE 15OLD SCHOOL ROAD
SHOTOVER RIVER
Notes:
SignedSurveyed
Designed
Drawn
Signed
Signed
Date
Date
Date
Rev.
Drawing No.Job No.
Datum & Level
Scale
Revision Details ClientByRev. Date
Clark Fortune McDonald & AssociatesLicensed Cadastral Surveyors - Land Development - Planning Consultants
Shotover Design Limited trading as
NO
RTH
\\server01\data\JOBS\12500\12508\acad\12508 03 Stage15 Zone Plan.dwg Plotted: 20.07.2016
1:1000 @ A1
12508
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x.x.16
EM 20.07.16
x.x.16
1:2000 @ A3
- - --
Shotover Country Stage 15 Activity Area's & Zone Plan
Shotover Country
----
03
309 Lower Shotover Road, P.O.Box 553 Queenstown
Tel. (03)441-6044, Fax (03)442-1066, Email admin@cfma.co.nz
Shop 2, Otago House, 475 Moray Place, P.O. Box 5960Tel. (03)470-1582, Fax (03)470-1583, Email admin@cfma.co.nz
LEGENDActivity Areas:1a-1f Low Density Living
2a-2c Medium Density Living
3 Education & Community 4 Heritage5a Open Space - State Highway5b Open Space - Escarpment5c Riverside Protection Area
5d Open Space - Wetland/Recreation5e Open Space - Transmission Corridor
Intersection Points (max 20m variation from centre
line)
Primary Road (max 30m variation from centre line)
Secondary Road (max 20m variation from centre line)
30m Wetland Setback
Indicative Trails
Alternative Connection to SH6Riverside Protection AreaTerrace Buffer Area (6m width from terrace edge)
Zone Boundary
Rural General Zone