423-427 BEACH ROAD MAIRANGI BAY - Auckland Council · No. 423-427 Beach Road, Mairangi Bay Resource...

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25/05/2018

423-427 BEACH ROAD MAIRANGI BAY

LAND USE CONSENT: FOUR STOREY

MIXED-USE DEVELOPMENT

No. 423-427 Beach Road, Mairangi Bay Resource Consent Application – May 2018

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Contents

1.0 INTRODUCTION ...................................................................................................................... 5 Overview of the Application .................................................................................................. 5

Property Details ............................................................................................................. 6

2.0 SITE AND NEIGHBOURHOOD .................................................................................................. 6 Site Description and Locality ................................................................................................. 6

1% AEP Flood Plain ........................................................................................................ 8 Certificate of Title | Instrument Documents ......................................................................... 8 Local Environment ................................................................................................................. 8

3.0 PROPOSED ACTIVITY .............................................................................................................. 9 Application Details ................................................................................................................. 9

Development Floor Descriptions ................................................................................. 11 Key Development Considerations | Design Responses ....................................................... 12

Staging of Development .............................................................................................. 12 Ground Floor Design Response ................................................................................... 13 Upper-Level Residential Units ..................................................................................... 14 Subdivision of the Site ................................................................................................. 15 Future Building Management ...................................................................................... 15

Waste Management ............................................................................................................ 15

4.0 REASONS FOR THE APPLICATION ......................................................................................... 16 Auckland Unitary Plan (AUP) – Reasons for Consent ........................................................... 16

Construction Noise ...................................................................................................... 16 Parking Rates ............................................................................................................... 17 Number of Crossings ................................................................................................... 17 Vehicle Crossing Width ................................................................................................ 18 Natural Hazards and Flooding ..................................................................................... 18 New Buildings .............................................................................................................. 18 Building Height ............................................................................................................ 18 Height in Relation to Boundary ................................................................................... 18 Outlook ........................................................................................................................ 19

Auckland Unitary Plan (AUP) – Compliance with Business – Local Centre Zone Rules ........ 19 Overall Activity Status.......................................................................................................... 21

5.0 NOTIFICATION ASSESSMENT ................................................................................................ 21 Public Notification Assessment ........................................................................................... 21

Permitted Baseline ...................................................................................................... 22 Adjacent Land .............................................................................................................. 22 Receiving Environment ................................................................................................ 23 419 Beach Road ........................................................................................................... 24 No. 368 Beach Road .................................................................................................... 26 Mairangi Bay Village Green ......................................................................................... 27 Other Adjacent Sites .................................................................................................... 28

Adverse Effects on the Wider Environment ........................................................................ 29 Built Form .................................................................................................................... 29 Landform ..................................................................................................................... 29 Transportation Effects ................................................................................................. 30 Amenity and Character Effects .................................................................................... 31


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Natural Environment Effects ....................................................................................... 32 Infrastructure Effects .................................................................................................. 32 Natural Hazards and Flooding ..................................................................................... 34 Construction Effects .................................................................................................... 35

Special Circumstances ......................................................................................................... 37 General Discretion to Notify ................................................................................................ 37 Limited Notification Assessment ......................................................................................... 37 Notification Conclusion ....................................................................................................... 38

6.0 SECTION 104 – CONSIDERATION OF APPLICATIONS ............................................................. 38 Actual and Potential Effects Section – Section 104(1)(a) .................................................... 38 Relevant Statutory Documents – s104(1)(b) ....................................................................... 39

National Environmental Standard ............................................................................... 39 AUP: Regional Policy Statement .......................................................................................... 39 Auckland Unitary Plan (Operative in Part) ........................................................................... 39

Earthworks: Objectives and Policies ............................................................................ 39 Noise: Objectives and Policies ..................................................................................... 40 Business – Local Centre Zone: Objectives and Policies ................................................ 41

AUP – Assessment Criteria .................................................................................................. 45 Earthworks: Assessment Criteria ................................................................................. 45 Noise: Assessment Criteria .......................................................................................... 45 New Buildings: Assessment Criteria ............................................................................ 47

Relevant Statutory Documents Conclusion ......................................................................... 49 Section 104(1)(C) ................................................................................................................. 49 Proposed Conditions of Consent ......................................................................................... 49 Proposed Duration of Consent ............................................................................................ 50

7.0 PART 2 PURPOSE AND PRINCIPLES OF THE RMA .................................................................. 50 Section 5 .............................................................................................................................. 50 Section 6 .............................................................................................................................. 50 Section 7 .............................................................................................................................. 50 Section 8 .............................................................................................................................. 50

8.0 CONCLUSION ....................................................................................................................... 50

Document Control Record

Document Issue No: Author: Reviewed By: Date:

01 John Lan – Planner Duncan Ross – Director 25.05.18


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Appendices

Appendix 1: Certificate of Title | Title Instrument Documents Appendix 2: Topographic Site Survey Appendix 3: Application Plans Appendix 4: Urban Design Assessment Appendix 5: Landscape and Visual Impact Assessment Appendix 6: Photomontage Appendix 7: Landscaping Plan Appendix 8: Engineering Report Appendix 9: Acoustics Report Appendix 10: Geotechnical Appraisal Report Appendix 11: Traffic Impact Assessment Report Appendix 12: Building Servings Report Appendix 13: Hydrant Test Report Appendix 14: Pre-Application Meeting Memo Acronyms used in this document AEE Assessment of Environmental Effects AUP Auckland Unitary Plan – Operative in Part 2016 BC Building Consent dBA A-weighted decibels EPA Engineering Plan Approval GD05 Guidance Document 05 –Erosion and Sediment Control HIRB Height in Relation to Boundary LGATPA Local Government (Auckland Transitional Provisions) Act 2010 LINZ Land Information New Zealand LUC Land Use Consent NZBC New Zealand Building Code RMA Resource Management Act 1991 RPS Regional Policy Statement SUB Subdivision Consent


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1.0 INTRODUCTION

Overview of the Application Zen Vanguard Investments Limited (the “applicant”) seeks land use consent (LUC) at No. 423-427 Beach Road, Mairangi Bay (the “site”) to redevelop the 1,358m² site to accommodate a four storey mixed-use development. The proposal seeks to provide retail and café spaces along the Beach Road ground floor frontage and 18 residential apartments on the upper three levels. Surface grade parking along with a new pedestrian laneway is also proposed on the site. The proposal required several technical consultant reports with these inputs summarised as follows:

Table 1: Technical Inputs

Appendix #

Report / Document Title

Company / Author Description

1 Certificate of Title | Title Instrument Documents

- Provides the site legal description and title interests.

2 Topographic Site Survey

Envivo Limited Identifies existing site features and characteristics, and infrastructure locations.

3 Application Plans Herbst Maxcey Metropolitan Architects Limited

Demonstrates the proposed development to be constructed.

4 Urban Design Assessment

Ian Munro Addresses the proposed development specific to key urban design matters.

5 Landscape and Visual Impact Assessment

LA4 Landscape Architects Limited

Undertakes an assessment on landscape and visual effects resulting from the proposed development.

6 Photomontage U6 Photomontages Limited

Visual representation of proposal on the surrounding landscape.

7 Landscaping Plan

LA4 Landscape Architects Limited

Proposes landscaping for the development to enhance amenity.

8 Engineering Report

MarkPlan Consulting Limited

Details infrastructure, site and servicing considerations relevant to the development.

9 Acoustic Report Marshall Day Acoustics

Undertakes assessment of both construction and operations noise associated with the proposed development.

10 Geotechnical Appraisal Report

Tonkin and Taylor Limited

Confirms soil conditions for development implications and potential geotechnical issues.

11 Traffic Impact Assessment

Traffic Design Group Limited

Assesses the potential traffic effects on the transport network and confirms compliance with key AUP transport rules.

12 Building Services Design Feature

22 Degrees Limited Assesses how the development will be serviced and located suitable areas for vents and plant services.

13 Hydrant Testing Nova Flowtec Services Limited

Hydrant flow rate and pressure test for the nearby fire hydrants.

14 Pre-Application Meeting Minutes

Auckland Council Describes Council key development considerations for progressing with development proposal, including key constraints and AUP rule interpretations.


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Building Consents (BC) for the development will be submitted in due course, and following the issuance of the respective consenting approvals, construction will commence immediately in accordance with consent condition requirements. Following completion of the total building structure, the units will then be subdivided in accordance with a future Unit Title Plan. No subdivision is proposed under this current LUC application, as all subdivision is to be considered under a future subdivision consent (SUB).

Property Details

We note the following property details and Auckland Unitary Plan (AUP) notations that are relevant to this proposal:

Table 2: Relevant Property Details and Notations

Site Address No. 423-427 Beach Road, Mairangi Bay Auckland 0630 Legal Description Lot 1 DP 64377 Site Area 1358m2 Relevant Plan Auckland Unitary Plan (AUP) – Operative in Part 2016 Zoning Business – Local Centre Zone Precinct - Appeals - Modifications - Overlays - Controls Controls: Vehicle Access Restriction Control – General

Controls: Height Variation Control – Mairangi Bay, 13m Controls: Macroinvertebrate Community Index – Urban

Designations -

The application is described fully within this Assessment of Environmental Effects (AEE). The assessment demonstrates that the proposal satisfies the relevant Objectives and Policies of the AUP, along with the Assessment Criteria, to a point whereby any adverse effects on the environment associated with this proposal are less than minor. The architects and project consultants have designed the building to comply with key AUP rules (where relevant), ensuring that the consenting process is simplified, and the development meets the intent of the Local Centre Zone. As such, it is deemed that Council can therefore issue consent to the application on a non-notified basis.

2.0 SITE AND NEIGHBOURHOOD

Site Description and Locality The site is located centrally in the Mairangi Bay local centre, along the eastern side of Beach Road. It is situated at the end intersection of Beach Road and Hastings Road. The Mairangi Bay centre contains many local services, including a number of retail stores, a local supermarket, a service station, a number of convenience and specialty stores along with offices for professional services and food and beverage establishments. We note the area is subject to several redevelopment proposals, the most notable being No. 368 Beach Road, which seeks a similar development outcome to that currently proposed within this proposal. Referenced as LUC60066295, a four level development typology is also sought, and we not Council support is forthcoming. Mairangi Bay beach, Mairangi Bay Village Green, Mairangi Bay Park, Browns Bay, North Shore Hospital, Takapuna and North Harbour Industrial Estate are all in close proximity.


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Figure 1: Location of No. 423-427 Beach Road, Mairangi Bay, with proposed development area subject to this consent shown indicatively within blue outline.

The site possesses the following characteristics:

• It has a rectangular shape and is approximately 1,358m² in area. • It is bounded by:

o Beach Road and Hastings Road intersection to the east. o Existing single storey retail building adjoins the site to the north. o A service lane to the east, which provides to the site additional from Sidmouth

Street. o The Mairangi Bay Village Green (Public Open Space) is located beyond the service

lane. o A three storey mixed-used development, with ground floor retail and upper-level

apartments adjoins the site to the south. o Various food and beverage activities are located to the west of the site, on the

opposite side of Beach Road. • The site is generally flat with a very gentle down slope from the Beach Road frontage,

in an easterly direction, to the rear service lane. • Currently the site contains two attached commercial buildings, one of which was

occupied by a former ASB bank branch and the other is occupied by a dry-cleaning service and an opportunity shop.

• The balance of the site is currently developed as an open parking lot which provides off-street parking for the various commercial activities in the area.

The site currently provides 100% impervious coverage. This is made up of the two existing single storey buildings and the parking / access areas towards the rear of the site. Both buildings are proposed to be demolished / removed, which is permitted under the provisions of the AUP. It is to note that the existing buildings do not have any heritage or architectural quality which warrants protection or preservation. Historically the sites have been accessed


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from both Beach Road and from the rear service lane. Adjacent Sites and Locality The site is located centrally within the Mairangi Bay local centre. It adjoins various commercial activities which include retail, food and beverage, residential and public open space activities. The north of the site is adjoined by a single storey retail building, which is occupied by a local pharmacy and a photography shop. The commercial building is developed along the Beach Road frontage while the rear of the site is developed as a parking area which services this adjoining building. The east of the site is adjoined by a service lane which accesses via Sidmouth Street. This service lane provides access to the parking areas that serves the businesses and residents on the eastern side of Beach Road. Beyond the service lane to the east is the Mairangi Bay Village Green, a public open space, which contains a children’s playground and various trees and greenery. The south of the site is adjoined by a three storey mixed-use development which contains ground floor retail and upper-level apartments and a three storey apartment development. The west of the site is adjoined by Beach Road, and on the opposite side of Beach Road is occupied by variety of food and beverage establishments and additional retail and commercial activities. The site and the Mairangi Bay centre area has good access to public transportation where links are provided other centres such as Browns Bay, Rosedale, Albany, Takapuna and the Auckland CBD. The area is also well connected by means of the existing roading network.

1% AEP Flood Plain

Shown on Council’s GeoMaps system, the site is subject to a 1% AEP flood plain. We note this is a relatively substantial flood plain that covers much of the Mairangi Bay local centre area. As such, the applicant has received engineering input to assess the likely effects the potential flooding may have on the development. The detailed assessment is within Appendix 8 – Engineering Report.

Certificate of Title | Instrument Documents The following table details the relevant instruments on the Certificate of Title the site. The title instruments are included within Appendix 1. Please note the Lot and DP reference on Councils GIS Mapping does not match that provided on the Certificate of Title.

Table 3: Certificate of Title & Instrument Documents

No. 423-427 Beach Road – Instrument Documents

Pursuant to Section 352(3) of the Municipal Corporations Act 1954 Lot 2 Deposited Plan 64377 (187m²) has vested in The East Coast Bays Borough Council as a Service Lane Reserve Subject to a drainage right (in gross) in favour of The East Coast Borough Council created by Transfer 14561 (affects Lot 144 Plan 13311) A536062 Partial Surrender of drainage right created by Transfer 14651

Local Environment The local environment is described concisely within the Urban Design Assessment (Appendix 4) prepared by Ian Munro, an Independent Hearing Commissioner with extensive experience with urban planning and design. In the Urban Design Assessment, Mr. Munro outlined the key


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features of this area as follows:

“The Mairangi Bay local centre is a lively main street based around Beach Road and to a lesser extent Hastings Street. It extends for around 200 metres and contains a full range of local services required to meet the needs of the local needs of the wider Mairangi Bay community, including a small supermarket, a range of convenience and specialty stores, real estate agents, professional services, food retailers, cafes, petrol station, Plunket Toy Library and other healthcare services. The Mairangi Bay local centre (and application site) are well served by public transport options with direct bus routes to central Auckland (CBD), Browns Bay, Takapuna, North Shore Hospital, Albany Centre and Mall, Massey University (Albany) and North Harbour Industrial Estate. The bus stops for these routes are within 50 metres of the subject site. Mairangi Bay Beach is 310 metres walking distance from the front of the site, but about 250 metres from the rear of the site traveling through the Mairangi Bay Village Green. The beach is a significant amenity for the future users of this area and there are walking opportunities from here to the other east coast bays beaches, both to the north and south.”

Having visited the site and the surrounding area, the author of this AEE agrees with Mr. Munro’s description of the Mairangi Bay local centre.

3.0 PROPOSED ACTIVITY

Application Details The application seeks to construct a four-storey mixed-use development comprising of ground floor retail and café spaces and an 18-unit apartment development on the above levels. The ground floor also contains a pedestrian laneway along the southern boundary of the site to provide linkage between Beach Road and the Mairangi Bay Village Green and public carparks that are located towards the rear of the site. On-site carparking will be provided at grade and will form a base podium upon which the upper level apartment units will be provided in two separate three-storey buildings. A common court yard is proposed between the two buildings for enhanced landscaping and amenity for future occupants. A breakdown of the proposal is included within Appendix 3 – Application Plans. A description of each use and apartment type is provided for the benefit of Council as follows: Ground Floor Descriptions Three main activities / spaces are proposed at the ground floor of the development. The main use is the retail and café space along the Mairangi Bay Road frontage of the site. Listed as Retail 01 and Retail 02 in the Application Plans, they represent the café and retail space respectively and provide a combined GFA of 229m². The second use is the proposed laneway which will provide a west-east pedestrian linkage between the Mairangi Bay shops and the Mairangi Bay Village Green. The laneway will occupy the south of the site, adjacent to the proposed café space. Bicycle parking, bench seating and landscaping is proposed along this laneway, which combined with the proposed retail and café uses will offer additional local centre vitality. The third use is the at grade carparking area which comprises 20 parking spaces in total (2 of which will be mobility spaces). The arrangement of parking is split into two areas, with the main


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parking space within the centre of the site providing 15 spaces including the two mobility parking spaces. The remaining parking spaces will be provided in the proposed garages that adjoin the service lane. It is to note that due to flooding and the suspected high water table, basement parking was considered unsuitable for the development and that surface grade parking was the most practical alternative for on-site parking as this reflects an existing on-site arrangement that has been provided without issue for some time. The balance of the ground floor will be occupied by common staircase and lift well areas along with the proposed service areas (plant, services and refuse). It is to note that the staircase and lift areas will extend onto upper-levels for access purposes. Apartment Type Descriptions 18 apartment units are provided on the upper-levels. The proposed apartment units will be developed in two separate elements which will be separated by a 202m² common courtyard at the first floor. In terms of the proposed residential units, there will be six (6) different apartment types, each with subtle internal layout changes to respond to context, elevation location, and building form. These are described as follows: Type A:

• These units will occupy the northern end of the buildings – on both the first and the second floor.

• A total of four (4) units will have the layout of Type A. These will be Apartments 1, 5, 8 and 12.

• Access to these units will be provided via internal common corridor areas. • These will be three-bedroom units, the master bedroom will be an ensuite. • These units all have open-plan living, dining and kitchen spaces provided in the centre

with sliding door leading out to balcony areas. • The balcony areas will have outlooks to either the east or west depending on the

apartment. The balcony areas range from 14-15m². • In addition to their balcony areas, units on the first floor (Apartment 1 and 5), will have

their own 38m² private outdoor living space. Type B:

• These units will occupy the center of the western apartment building which fronts onto Beach Road – on both the first and the second floor.

• A total of four (4) units will have the layout of Type B. These will be Apartments 2, 3, 9 and 10.

• These will be one-bedroom units with a with open plan living, kitchen and dining areas. • Minimum GFA for a Type B unit will be 63m² and will contain a 13-14m² balcony with

outlooks to the east or west. • The private patio associated with the ground level unit is 19m².

Type C:

• These units will occupy the southern end of the buildings on both the first and second floor.

• A total of four (4) units will be provided in this layout. These will be Apartments 4, 7, 11 and 14.


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• These are two-bedroom units with GFA of 92-93m². • An open plan kitchen, dining and living room is provided within the centre portion,

sliding doors are proposed to open out to a balcony with areas of 21-22m². • Outlooks from the living and balcony areas are provided east or west. • An additional terrace spaces with an 9m² area are also provided.

Type D:

• These units will occupy the eastern apartment building on the first and second floor. • A total of four (4) units will be provided in this layout. • These units include three bedrooms, one of which will be an ensuite. • Open plan kitchen, dining and living room is provided adjacent to the entrance, with

doors opening out to a 16-17m² balcony area. • The living and balcony areas of these apartments will have an eastern outlook over the

Mairangi Bay Village Green and potentially sea views. Type E:

• These units will occupy the southern end of two apartment buildings on the top floor. • Only Apartments 16 and 18 will have this layout. • The eastern and western units are a mirror image of each other. • These units include three bedrooms and two bathrooms, one of which is a large

ensuite master bedroom. • An open plan kitchen, dining and living room is provided adjacent to the entrance, with

doors opening out to a large 43m² balcony that extends for the length of the unit. • Outlooks of these units are provided towards the east and west. These upper level

apartments will have extensive panoramic views. • Design response to reduce visual dominance the top level has been included to recess

the building from the eastern and western boundaries, this creates large balcony spaces for these units.

Type F:

• These units will occupy the northern end of both apartment buildings on the top floor. • Only Apartments 15 and 17 will have this layout. These two units are a mirror image

of each other. • The units include three bedrooms and two bath rooms, where one will be a large

ensuite master bedroom. • An open plan kitchen, dining and living room is provided adjacent to the entrance, and

sliding doors open out to a 37m² balcony area.

Development Floor Descriptions

Ground Floor (refer to A201-D within Appendix 3): The ground floor as described above will consist of the proposed retail and café uses along with the proposed laneway to the south of the site and the parking areas. Pedestrian access to the site is provided in various locations along the Beach Road frontage, along the proposed laneway and the existing service lane. Vehicle access to the development will be provided via the existing service lane to the rear of the site. Vehicle access to the main parking area is provided to the north-eastern corner of the site, while the proposed garages will also have their own access from the service lane. The ground floor provides:


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• Retail 01 space with a GFA of 158m² • Retail 02 space with a GFA of 71m² • 20 at grade vehicle parking spaces. Details of the access and manoeuvring are included

within Appendix 11. • Temporary loading spaces are provided for within carparking access areas. • Dual lifts and associated common staircase areas. • Two small dedicated areas for plant and services. • A refuse area for rubbish and recycling collection.

First Floor (refer to A203-C within Appendix 3): The first floor provides a 202m² open courtyard garden for the future occupants of the apartment units. A total of 7 units will be spread across the two apartment buildings on the first floor consisting of:

• 2 x Type A (Apartments 1 and 5). • 2 x Type B (Apartments 2 and 3). • 2 x Type C (Apartments 4 and 7). • 1 x Type D (Apartment 6).

In addition, hallway areas to access lifts and plant / servicing shafts are also provided. Second Floor (refer to A205-C within Appendix 3): The second floor more or less mirrors the first floor in terms of layout and the number of apartments. The only difference is the balcony areas of the units. Again, a total of 7 units will be spread across the two-apartment building on this floor consisting of:

• 2 x Type A (Apartments 8 and 12). • 2 x Type B (Apartments 9 and 10). • 2 x Type C (Apartments 11 and 14). • 1 x Type D (Apartment 13).

Third Floor (refer to A207-C within Appendix 3): The third floor is the top level of the development and will comprise of a total of four (4) apartments spread across the two apartment buildings. The third floor has been designed to ensure the development does not cause undue visual dominance on the surrounding environment thus it has been recessed from the front, rear and southern boundaries. The apartments on this floor contain larger floor areas than the apartments on the lower floors and contain larger balcony areas. This floor will consist of:

• 2 x Type E (Apartment 16 and 18). • 2 x Type F (Apartment 15 and 17).

Key Development Considerations | Design Responses

Staging of Development

The development is proposed to be constructed in several stages, with the LUC intending to enable subsequent staging of the BC for earthworks / sub-grade structures to be completed as part of Stage 1 works. Following stages will involve the BC associated with the main building


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structure, prior to Unit Title Subdivision being pursued under a future SUB consent. This is a common development staging sequence and is intended to enable development to be commenced in the shortest timeframe possible.

Ground Floor Design Response

The proposal provides for ground floor retail and cafe tenancies facing onto Beach Road these proposed uses will be suitable for the site given its location in the Mairangi Bay local centre. The ground floor tenancies will contribute to the local centre vitality and be a good replacement of the existing shops that are provided. The southern portion of the site will be developed with a laneway pedestrian path which provides linkage between Beach / Hastings Road to the Mairangi Bay Village Green and the adjacent public carparking area. The laneway has been designed with a width of 4.5m and will be placed adjacent to the proposed café space to ensure passive surveillance is offered along this laneway. The laneway will also be well landscaped with planting and offers bicycle parking spaces. The pedestrian access to the apartment buildings will be provided via the lobby areas off the new laneway. The entrance to the apartments will also be orientated in a way which will ensure it is visible from Beach Road and is designed in a way to distinguish the private entrance from the pedestrian laneway. As detailed above, the proposal will have two separate surface grade parking areas to provide on-site parking for the development. The main parking area which will provide 15 parking spaces, two of which will be mobility parking, is located more or less in the centre of the site with vehicle access provided along the north-eastern corner of the site. The remaining five parking spaces is provided within two double and one single garages at the rear of the site. Both the main parking area and the garages will gain access from the service lane. The proposed parking arrangement effectively will create a wall of garage doors and vehicle access along the ground floor. However, given potential in this area and that the rear of the site is adjoined by a service lane, limited activities could be located along the service lane. The proposed development has responded to the site’s opportunities through design by providing an interactive road frontage along Beach Road where the site is within a prominent position in Mairangi Bay. Although the rear of the site in terms of the ground floor does not provide much of an interactive frontage, the design response was constrained by the service lane and the potential flooding which does not favour basement parking. Overall, the development has responded to the design opportunities and constraints. Urban design comment from Mr. Ian Munro (Appendix 4) has been sought in relation to the design of the development. Mr. Munro concluded the following for the ground floor of the development based on the site’s opportunities and constraints:

• It provides for a high degree of street activation by increasing the level of retail frontage on to Beach Road by removing existing surface grade parking spaces facing onto Beach Road, creating a more consistent retail street frontage. Moreover, it will provide for passive surveillance opportunities from the residential apartments onto both Beach Road, Mairangi Bay Village Green and the public car-park.

• The proposal provides for a new (legal) through site link providing public access to and from

Beach Road to the Mairangi Bay Village Green and the public car-parking area behind the building for pedestrians. This retains the existing (informal) pedestrian permeability through


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the site currently available, but will make it a more pleasant and safer walk, with landscaping and active frontage, rather than the current blank walls and car parks.

• All vehicle access and servicing will be via the service lane, removing all vehicle access from

Beach Road which is a very desirable urban design response. While the ground elevation onto the service lane is not activated this is very difficult to achieve given the nature and width of this service lane, and the requirements of accommodating flood level / water conveyance. It is anticipated that the project will therefore result in opportunity to provide one new on-street (parallel) car park on Beach Road in front of the site.

• It is usually inadvisable to promote active uses at ground floor level facing service lanes as

the lanes are purposed for providing vehicle access to the adjacent retail / commercial activities, removing the need for access from the Hight Street. Activating service lanes can undermine main streets, as well as clutter them with pedestrian activity. There are however successful examples of well-planned service lane amenity conversions, such as Beachfront Lane in Browns Bay. In this Mairangi Bay situation, I support the proposed approach given the existing width and character of the lane and its potential flooding issues. However, this is more than appropriately compensated by the high degree of overlooking and passive surveillance provide by the three levels of apartments overlooking the Mairangi Bay Village Green and public car parking area.

As such, the ground floor of this proposed development is considered to have responded positively to the site’s opportunities, constraints and the surrounding character through design.

Upper-Level Residential Units

The 18 residential apartment units will be split across the two apartment buildings. The apartment buildings will be separated by a 202m² courtyard that provides for internal common use. The courtyard provides a podium and good separation for the apartment buildings to be articulated from ground floor retail below. The two apartment buildings have been split at the first level to allow and ensure that all units and their respective living / balcony areas have good outlooks / view onto the public domain rather than neighbouring sites or other proposed apartment units. Apartments on the eastern apartment building will have their primary outlook onto the rear service lane, the Mairangi Bay Village Green and beyond towards the Mairangi Bay Beach Reserve. While the apartments on the western apartment building will have their primary outlook onto Beach Road and Hastings Road. The design provides good passive surveillance for these public areas which is consistent with CPTED principles. The orientation of the balcony and living areas towards these public domains helps to create a well-detailed façade for visual appeal. Apartment units within each building on the first and second floors are almost identical in terms of layout with very minor differences to their balcony and unit dimensions. There are minor internal differences to the east and west buildings with their main difference being down to the apartment types; Type B and D. The buildings were designed in such way to achieve good east and west orientations for day and sunlight access to the apartments. The podium and the split apartment block concept also ensures day and sunlight access is not significantly reduced for adjoining developments where they contain residential activity. Provided that the upper level units exceed the height variation control of the Mairangi Bay area, the design has considered visual dominance effects and responded by regressing the apartment buildings and their main living areas to provide visual breakages across the


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building’s façade. The inclusion of generous and detailed verandah spaces and the use of glazing enhances visual interest. The top level has been designed with further recession and darker building cladding to create a distinguishable end element which breaks the repetition from the apartments below. Urban design comment from Mr. Munro (Appendix 4) has also been sought in relation to this aspect of the design, and concludes that:

• A four-storey building as proposed is appropriate for this location in urban design terms. The site forms and takes advantage of its integral position in the Mairangi Bay centre completing the Hastings Road axis in a way that is aesthetically humble and in my view compatible with the planned character of an urban village. The site’s size enables a building of this scale, bulk, massing and appearance and while it will have a prominent presence in the streetscape, it maintains a human scale appropriate for a local centre of this type, zoned for increased residential density and commercial opportunities.

• The proposed architectural design, while restrained and domestic in character, will

provide a positive contribution to the streetscape, and is appropriate to this location in the Mairangi Bay local centre. It relies on generous and well-detailed verandah spaces as well as windows to provide visual interest, with the highly glazed retail forming a distinct base, and the recessed top level forming an obvious termination to the building clad in a darker and more recessive finish.

• I consider that four-storey height, including up to 15.1m (predominantly) / 16.9m (roof

plant) in height in a 11m + 2m zone, is not inappropriate or overbearing in the context of the centre, including that the centre is relatively large for a local centre (it has a supermarket and a retail main street of approximately 490 linear meters of street-fronting retail activity inclusive of the small arcade / mall). It also has a ring of Terraced Housing and Apartment Building zone around it (through which visitors will need to pass to access the centre itself, and which will frame the urban character visitors experience when in the village, looking into it and also looking out from it). While the photo simulations included in the LA4 ALVE show that the building will appear much larger than most existing buildings around it, I consider this difference is in line with what the AUP OP seeks.

As such, the design of the upper-level apartments is considered to respond appropriately for the site’s opportunities, constraints and its surrounding environment. It has also been designed to what the AUP anticipates for the local centre zone.

Subdivision of the Site

Subdivision of the site, to create the various unit titles / common property will be progressed under a separate standalone SUB consent in the future. As such, this current proposal is for LUC only.

Future Building Management

The development, once constructed, will be governed by a suitable property management company, yet to be determined.

Waste Management The proposal provides a 25m² space towards the rear of the site which will be dedicated for refuse. Trucks will access the rubbish collection are via the service lane to the rear.


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4.0 REASONS FOR THE APPLICATION The AUP became operative in part on 15 November 2016 and was most recently updated on 11 May 2018. Council gave public notice to that affect under:

• section 160 of the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA); and

• clause 20 of Schedule 1 of the Resource Management Act 1991 (RMA). As such, the AUP provides a comprehensive District and Regional Planning framework for sites within Auckland, and previous Plan provisions have largely fallen away. Notwithstanding this, some parts of the AUP that are excluded from being operative, including:

a) Those parts that remain subject to Environment Court and High Court appeals under the LGATPA, and;

b) The regional coastal plan component of the Proposed Auckland Unitary Plan requiring the Minister of Conservation approval of that part of the plan. This approval is required under section 152(3)(b) of the LGATPA and clause 18(3) of Schedule 1 of the RMA.

Council staff have provided directive in this regard and advised that where provisions are subject to an active appeal, it is necessary to consider the associated provisions of the previous planning documents and assess any resulting infringements accordingly. In this instance, the relevant legacy document is the Auckland Council District Plan – Operative Auckland City – North Shore Section 2002. (District Plan). Under the District Plan the site was within the Suburban 2 zone. Under the AUP, the site has a zoning of Local Centre, and there are no specific appeals relating to this property, including its zoning or applicable controls / designations.

Auckland Unitary Plan (AUP) – Reasons for Consent Noting the above, the following rules are triggered by the proposal, and require consent.

Construction Noise

Construction Noise E25.6.27. Construction noise levels in all zones except the Business – City Centre Zone and the Business – Metropolitan Centre Zone states that construction noise shall comply with the requirements of Table E25.6.27.1 where in proximity to sensitive activities. This table states construction noise shall comply with the following noise requirements.

Table 4: AUP Noise Requirements

Time of week Time Period Maximum noise level (dBA) Leq Lmax

Weekdays

6:30am – 7:30am 60 75 7:30am – 6:00pm 75 90 6:00am – 8:00pm 70 85 8:00pm – 6:30am 45 75

Saturdays

6:30am – 7:30am 45 75 7:30am – 6:00pm 75 90 6:00am – 8:00pm 45 75 8:00pm – 6:30am 45 75

Sundays and public holidays 6:30am – 7:30am 45 75


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7:30am – 6:00pm 55 85 6:00pm – 8:00pm 45 75 8:00pm – 6:30am 45 75

The Acoustics Report (Appendix 9) prepared by Marshall Day Acoustics states that noise is expected to exceed permitted levels during demolition, excavation, piling for foundations and

construction.

Noise levels will exceed the permitted levels for short periods along the upper-levels of the following properties:

• 368 Beach Road (2nd storey) • 419 Beach Road (2nd and 3rd storey)

As such, consent is required by way of a restricted discretionary activity for an exceedance of permitted construction noise levels.

Parking Rates

Table E27.6.2.3 requires retail / food and beverage activities to have a minimum parking rate of 1 per 30m² of GFA. The development will have a combined retail GFA of 229m² (158m² for the café and 71m² for retail). However, the proposal does not provide any on-site parking for these uses as all parking spaces are dedicated to the residential units. As such, consent for a restricted discretionary activity for the nil provision of parking associated with the ground floor retail / food & beverage activities.

Number of Crossings

Standard E27.6.4.2.1 (T146) states that the maximum number of vehicle crossings is 1 per 25m roast frontage; with a minimum separation between crossings serving the same site of 6m; and minimum separation between crossings of adjoining sites of 2m.


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The proposal has a unique parking arrangement due to its vehicle access restriction along Beach Road and its flooding constraints. The proposal technically has a total of 5 vehicle crossings fronting the service lane, one to serve the main parking area, one to serve the refuse area and the remaining three to serve the garages. As such, this technical infringement requires consent for a restricted discretionary activity.

Vehicle Crossing Width

Standard E27.6.4.3.2 (T153) states that vehicle accessways that serve 10 or more parking spaces shall be provided with a minimum width of 5.50m. The vehicle access to the main parking area has a width of 3.2mand as such consent is required for a restricted discretionary activity for a shortfall in access width.

Natural Hazards and Flooding

As shown on Council GeoMaps system, the site is located within a large 1% AEP flood plain and pursuant to E36.4.1 (A37) All other new structures and buildings within the 1% AEP floodplain is a restricted discretionary activity. In addition, pursuant to E36.4.1 (A38), use of new buildings to accommodate more vulnerable activities and changes of use to accommodate more vulnerable activities within existing buildings located within the 1% AEP flood plain is a restricted discretionary activity. The proposed mixed-use development will include both constructing a new structure and accommodating residential activity (vulnerable to flooding) within the 1% AEP flood plain, it will require consent for the restricted discretionary activities.

New Buildings

Table H11.4. Activity table (A44) states that new buildings in the Business – Local Centre Zone is a restricted discretionary activity. The proposal is to demolish the existing buildings and redevelop the site with a new four-storey mixed-used development. As such, the proposal will require consent for a restricted discretionary activity.

Building Height

As noted in the planning maps, the site is subject to a Height Variation Control of 13m within the Mairangi Bay area. Standard H11.6.1 (2) states buildings must not exceed the height in metres, as shown in Table H11.6.1.2 and for the site on the planning maps. The development has been designed with a total building height of 17.684m, which is made up of 15.684m of occupiable building height and 2.0m additional building height for plant services. There is an infringement of 4.5m in the permitted height, pursuant to Standard C1.9 (2), this infringement with zoning standard requires consent for a restricted discretionary activity.

Height in Relation to Boundary

As the south-eastern corner of the site is adjoined by the Mairangi Bay Village Green (Open Space – Informal Recreation Zone), it is subject to a 4.5m + 45-degree recession plane. The proposed development will see an infringement with this recession plane along the third and fourth level with its eastern building façade. The upper-level parapets along this part of the building will have a maximum infringement of 5m over a total length of 16.1m.


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As seen on the Application Plans the upper-level of the development has been designed with a recessed form to reduce visual dominance from additional bulk. As such there are three different areas of this façade which will encroach into the 4.5m + 45-degree recession plane, taken from the boundary of the Mairangi Bay Village Green. These areas are as follows:

Table 5: Areas of HIRB encroachment along the eastern building facade.

Area of Infringement Permitted Level Proposed Level Infringement Extent Second Floor Parapet RL 14.73 RL 16.68 1.95m Third Floor Balcony RL 16.03 RL 19.14 3.11m Third Floor Parapet RL 19.03 RL 19.79 0.76m

Pursuant to Standard C1.9 (2), this infringement requires consent for a restricted discretionary activity.

Outlook

Standard H11.6.8 requires dwellings to have appropriate outlook spaces from the windows of their habitable rooms. This includes a 4m x 6m outlook from the main glazing within the living area and a 3m x 3m outlook from the main glazing of all other bedroom areas. The proposal will have several technical outlook infringements with their bedrooms, these are as follows:

Table 6: Units that have technical infringements with outlook standards per H11.6.8.

Floor Apartment / Units First Floor 1,2 3,5 and 6 Second Floor 8, 10 and 12

Outlook infringements with the above units relate to their respective bedroom areas. Due to the recessed nature of the bedroom windows, designed for additional privacy and as a mitigation to visual dominance, their outlooks when measured from the centre of glazing will not achieve a 3m x 3m width. This is a technical infringement as outlook from these bedrooms will be extend beyond the site into the public domain. Pursuant to Standard C1.9 (2), the infringement will require consent as a restricted discretionary activity.

Auckland Unitary Plan (AUP) – Compliance with Business – Local Centre Zone Rules The following table demonstrates compliance with key mixed-use zone rules relevant to this proposal.

Table 7: Relevant Standards to be complied with: Auckland Wide

Rule Standard to be complied with

Comment

E12.4.1 Activity table (A5)

Earthworks within the Business zone and City Centre Zone – between 1,000m² – 2,500m².

Complies. The proposal will require earthworks across the whole site and a small portion of the road reserve to replace kerb / channel / footpath. Total area required within the site = 1,355m² Total area required on footpath = 43m²

E12.4.1 Activity table (A9)

Earthworks within the Business zone and City Centre Zone – between 1,000m³ – 2,500m³.

Complies. The proposal requires a total earthworks volume of 507m³. Cut = 295m³


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Fill = 212m³ E25.6.27 Construction Noise

Noise levels as per Table E25.6.27.1 of the AUP.

Consent Required. The demolition and piling for foundations will likely exceed permitted noise levels during construction. Infringements will be over two adjoining properties. Refer to Part 4.1.1 of this AEE.

E27.6.2.3 Parking Rates – area 1 (T19)

Minimum parking rate for food and beverage uses within Area 1 is 1 per 30m² GFA and outdoor seating area.

Consent required. The proposal does not provide any parking for the proposed café. The shortfall will be accommodated by public carparking lot to the rear of the site. Refer to Part 4.1.3 of this AEE.

E27.6.2.3 Parking Rates – area 1 (T19)

Minimum parking rate for other retail uses within area 1 is 1 per 30m2 GFA.

Consent required. The proposal does not provided parking for the proposed retail space. The shortfall will be accommodated by public carparking lot to the rear of the site. Refer to Part 4.1.3 of this AEE.

E27.6.3 Size and location of parking space

Minimum widths and depths laid out in Table E27.6.3.1.1.

Complies. Refer to the proposed Traffic Impact Assessment Report which provided manoeuvirng plans with parking and manoeuvring.

E27.6.4 Vehicle Access Restriction

New vehicle crossings must not be constructed to provide access across that part of a site subject to a Vehicle Access Restriction – General Control.

Complies. The proposal does not require vehicle access along the frontage of Beach Road, which is subject to the Vehicle Access Restriction. Vehicle access is proposed along the rear service lane which is not subject to this control.

Table 8: Standards to be complied with: Local Centre zone

Rule Standard to be complied with

Comment

H11.4. Activity table (A2)

Dwellings = P (permitted) Complies. The proposal will include a total of 18 upper-level residential apartments. Apartments will be a variation of 1-3 bedrooms.

H11.4 Activity table (A13)

Food and Beverage = P (permitted)

Complies. The proposal will include a ground floor café at the Beach Road frontage.


Retail up to 450m2 GFA = P (permitted)

Complies. The proposed retail space (excluding café) along the Beach Road frontage will have a total GFA of 71m².


New buildings = RD (restricted discretionary)

Consent required. The proposal will be a redevelopment of the local centre site that includes a new mixed-use building. Refer to Part 4.1.3 of this AEE.


Demolition = P (permitted) Complies. Demolition of all structures on site is permitted.

H11.6.0 Activities within 30m of a residential zone

N/A N/A. The site is not located within 30m of a residential zone.

H11.6.1.2 Building height (Height Variation Control)

Occupiable Height: 11m Height for Roof Form: 2m Total Building Height: 13m

Consent required. The building has a total height of circa 16.9m above ground level (average ground level). Occupiable height: 15.1m Plant structure height: 1.8m Total building height: 16.9m Refer to Part 4.14 of this AEE.

H11.6.2. A 4.5m + 45-degree Consent required. Table H11.6.2.1 Height in relation


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Height in relation to boundary

recession is required to be applied on boundaries that adjoin open space zones.

to boundary (HIRB) states that a 4.5m + 45-degree recession is required along the boundary that adjoins the Mairangi Bay Village Green. The second and third floor along the eastern facade will have a vertical infringement of 5m over a total length of 16.1m. Refer to Part 4.1.8 of this AEE.

H11.6.3 Residential at Ground Floor

Dwellings must not be located on the ground floor of a building where the dwelling has frontage to public open spaces including streets.

Complies. The proposal does not contain residential activity along the ground floor. Dwellings are all located on upper levels of the development.

H11.6.4 Yards N/A. N/A – The site does not adjoin residential zones or any Maori Purpose zones it is not subject to a stream or costal protection yard.

H11.6.5 Landscaping

A landscaping buffer of 2m in depth must be provided along the street frontage between the street and carparking, loading or service areas which are visible from the street frontage.

N/A – The proposed parking, loading and service areas are all located to and access from the rear of the site from the service lane. Therefore, not visible from the street frontage. A 1.5m landscaping strip will be provided along the southern boundary adjoining the proposed laneway for improved street amenity.

H11.6.6 Maximum impervious area in the riparian yard

N/A N/A – The site does not adjoin any stream or coastal yards.

H11.6.7 Wind N/A N/A The new building does not exceed 25m in height.

H11.6.8 Outlook space

Living Rooms: 6m x 4m Principal bedrooms 3m x 3m

Consent Required. Given the living rooms and bedrooms of the units have been recessed from the face of the building for additional privacy, outlooks when measured from the face of the glazing will not have adequate width. Refer to Part 4.1.6 of this AEE.

H11.6.9 Minimum dwelling size

30m² for studio dwellings. 45m² for one or more bedroom dwellings.

Complies. Type B apartments are single bedroom apartments and provide a minimum 63m² internal area and a 13m² balcony. Type C apartments are 2-bedroom apartments, with a minimum 92m² internal living space and 21m² patio.

Overall Activity Status The application has an overall activity status of a restricted discretionary activity under the AUP.

5.0 NOTIFICATION ASSESSMENT

Public Notification Assessment Sections 95A and 95D of the Resource Management Act set out the public notification provisions to be considered in relation to applications for resource consent. Section 95A requires public notification of a proposal if:


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• the adverse effects on the environment are, or are likely to be, more than minor pursuant to Section 95D;

• the applicant has requested notification of the proposal; or • a rule or national environmental standard requires public notification of the

application. We note that there are no rules or relevant NES provisions that required public notification of the application, nor has the applicant requested it. The details provided in Part 5.1 of this AEE are expanded upon in the following Section 95 assessment.

Permitted Baseline

The permitted baseline refers to the effects of permitted activities on the site and can be used to either disregard or compare the scale of effects associated with the proposal to that of a permitted activity. In this case, the proposed development on the sites along with the required site preparation works are not provided for as permitted activities by the AUP, by the very notion that new buildings trigger the need for a resource consent. Notwithstanding that, some aspects of the proposal are provided as permitted such as the proposed land use activities being; residential dwellings, retail activities not being over 500m² GFA, food and beverage activities and land disturbance (earthworks) activities. Whilst there is no specific permitted baseline for the main development as it exceeds building height and height in relation to boundary with a boundary common with a public reserve, it needs to be recognised that the proposed development has been designed to provide an efficient land use that is anticipated by the relevant objectives and policies of the zone. Future subdivision will comply with the residential subdivision standards by way of Unit Title tenure, with services and infrastructure all being developed in accordance with this LUC. Furthermore, as established by way of case law the assessment of adverse effects needs to take into account the future planned environment as dictated by land zonings and the associated objectives and policies of the relevant plan. This is particularly relevant to the construction noise considerations, noting the duration of works are temporary and limited to the construction of a building the zone is intended to provide for. As such, in this case the assessment of adverse effects has to recognise the site’s zoning for Business – Local Centre development, rather than assess the proposal in terms of how the local area currently appears.

Adjacent Land

When assessing whether an activity will have, or is likely to have, adverse effects on the environment that are more than minor, Section 95D states that the consent authority must disregard effects on persons who own or occupy the land in, on or over which the activity will occur and any land adjacent to that land. The immediate environment is considered to consist of the following properties:

Table 9: Standards to be complied with: Local Centre Zone

Address Location in relation to site Zoning Land Use 376 Beach Road, Mairangi Bay

West of the site, on opposite side of Beach Road.

Business – Local Centre

“Green Gables” – occupied by food and beverage along with retail activities.

368 Beach Road, Mairangi Bay

South-west of the site, on the opposite side of Beach Road.

Business – Local Centre

Used by various professional services as office space.


South of the site. Business – Local

Mixed-use development with ground floor retail and


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Centre upper-level dwellings. 419A Beach Road, Mairangi Bay

South of the site. Business – Local Centre

Apartment building.

419B Beach Road, Mairangi Bay

South of the site. Business – Local Centre

Apartment building.


North of the site. Business – Local Centre

Retail (local pharmacy and photography shop).

3 Montrose Terrace, Mairangi Bay

North-east of the site. Business – Local Centre

Public carparking space.

4 Sidmouth Street, Mairangi Bay

East and south-east of the site. Open Space – Informal Recreation

Public park with children’s playground.

Figure 2: Adjacent land to the site.

All of the listed properties have a common boundary (or are directly opposite) the site with a direct interface to where the proposed development is to occur. While there are other properties in close proximity to the site, it is the opinion of the author that these are sufficiently separated from the proposed development to not be affected.

Receiving Environment

The proposal will represent a change to the appearance of the site, however it is considered that this change can be absorbed by the local environment with less than minor adverse effects in the long term given the proposed development form is consistent with the expectations for the zone. The receiving environment predominately consist of commercial activity such as food and beverage, retail and offices of professional services. Notwithstanding, there are also several apartment building developments in the wider Mairangi Bay centre. As such, there is an


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established character for both commercial activity and apartment typologies in the Mairangi Bay local centre. In terms of architectural character, the centre is generally defined by retail sites containing older buildings that have little architectural value and residential sites containing low-rise 3-4 storey apartments circa the 1990s or early 2000s. Overall, the effects of the development have aimed to meet key bulk and location rules of the AUP, ensuring minimal off-site considerations. The character of the area is expected to undergo change in the future, with a number of underutilized sites evident. Changes to the character of the area has taken place prior to the inception of the AUP evident in other apartment developments that exist in the area. It was observed during a visit to the site and surrounding area that, mixed-use developments are not a common type of development in the centre. The only mixed-use development was found on the adjoining site at No. 419 Beach Road, noting it is developed with ground floor retail and upper-level apartments. Despite this, retail and apartment uses are no foreign in the area, the proposal aims to provide both on the same site in a more efficient manner. As outlined in both the Architectural Design Statement and the Urban Design Assessment the proposed development has been designed on the considerations of the site’s context, opportunities and constraints. Further, it has also taking into account the key development standards for the zone and as such, the proposed development will have less than minor adverse effects on the receiving environment. As the population of Auckland increases and housing becomes less affordable, apartments are becoming a more popular housing choice. The advantages include lower transport costs and time wasted commuting, low maintenance lock and leave ability, security and having amenities of the Mairangi Bay centre immediately accessible.

419 Beach Road

This site is located to the south the site. This adjoining site is developed with a mixture of uses, the Beach Road frontage is developed with a three-storey mixed-use development with ground floor retail and upper-level apartment building. The rear of the site that backs onto the service lane is developed with a three-storey apartment. It appears the whole site is developed with impervious surface area and dwelling units have their upper-level balconies for outlook and outdoor living. The outlooks are orientated towards either beach road or towards the Mairangi Bay Village Green. The proposed development has the potential to adversely impact this adjoining site in that the proposed development exceeds maximum height and exceeding construction noise levels. However, for reasons discussed below, the proposal will result in less than minor adverse effects on this adjoining neighbour. It is worthy to note that this adjoining site is also zoned Business – Local Centre and consideration of this should be given in the assessment on this adjoining neighbour. Building Height It is acknowledged that the development will exceed building height that is permitted within the Mairangi Bay centre. However, the proposed development has been undertaken with significant consideration on amenity of adjoining sites. This is reflected in the upper-level apartments having a separation between its bulk to allow adequate daylight and sunlight onto this adjoining site.


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Further, an assessment of the shading diagrams provided within Application Plans, reveal that, the proposal even though will exceed building height, the additional shading will be of a similar level compared to potential shading from a compliant development. The shading diagrams also show that these adjoining apartments will still have good access to daylight and sunlight despite the additional bulk. As discussed in the Urban Design Assessment:

“The shadow diagrams prepared by HMMA Ltd demonstrated that the proposal’s shadows will not be markedly different to a ‘compliant’ alternative, and while extending over the Village Green and neighbouring properties, will remain within the extent of shadow reasonably expectable within an urban Local Centre zone environment”.

Figure 3: Mixed-used development fronting No. 419 Beach Road, located south of site.

In terms of visual impact from the additional bulk proposed by the development, the entire top level has been recessed to ensure it is not visually dominant compared with the remainder of the proposed bulk. The recessed nature of the top level along with the use of different cladding and glazing provide visual interest to mitigate the additional bulk. The separation of the two apartment buildings combined with the design elements discussed help to ensure the development does not appear visually dominant in this environment. As noted in the Urban Design Assessment:

“As discussed above, there are two residential buildings, one a mixed-use building, to the south of the proposal. Both of these are three-storeys in height and do not have any fenestration on their northern elevation at ground floor level. The proposed building is set back from the neighbouring building to the south to allow light in to the existing


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windows on this building’s upper levels. The separation of the two upper-storey elements rising from the podium level will help to mitigate the impact on these existing buildings by minimizing shadowing the buildings beyond, and the atrium space between the blocks will considerably mitigate the effects of potential horizontal bulk to the southern neighbour”.

With the proposed apartments being orientated towards the east and west of the site, privacy on these adjoining neighbours will be unaffected. There is no potential for overlooking given there are no outlooks orientated towards this adjoining site. There is glazing provided along the southern façade of the proposed development, however, these are provided primarily to enhance visual interest and avoid creating a blank façade facing this adjoining site. Construction Noise It is acknowledged that during the demolition and construction phase of the development, noise levels will likely exceed permitted levels of construction noise for this zone. As discussed above and in the Acoustics Report, the developments on this adjoining site contain residential activity which are considered activities sensitive to noise. Provide demolition and construction are all temporary for the duration required, the exceedance in construction noise level and potential adverse effects on this adjacent site will be of a temporary nature. All other noise associated with the construction of the proposal would generally comply with permitted construction noise levels. As recommended within the Acoustics Report, the applicant shall provide a written notice to these neighbours to advise them the duration of construction and provide detail of a Construction Noise Management Plan (CNMP) to ensure noise during construction are managed and mitigated in accordance to best practice standards. Further, condition of consent can help manage noise by limiting construction hours on the weekend. Provide the above, it is considered that the construction noise on this adjoining site can be appropriately managed to ensure noise effects are not unreasonable.

No. 368 Beach Road

This site is a corner site located at the intersection of Hastings Road and Beach Road. It is situated south-west of the site, on the opposite side of Beach Road. It is currently developed with a large two-storey structure that is currently occupied as offices by various professional services and a single storey building that is occupied by several food outlets. The balance of the site is a sealed car parking area which serves the offices and food outlets. As this adjacent site contains an upper-level development, has the potential to be impacted by the proposed construction noise. It is worth noting that office uses were not considered an activity sensitive to noise. Nonetheless, the Acoustics Report has identified that noise during construction will likely exceed permitted levels over this adjacent site. Again, noise resulted from demolition and piling will be the main activities which will result in exceedance in permitted levels. However, as noted above, these activities will occur on the site for limited duration thus effects on this adjoining neighbour will be temporary in nature. Written notice advising of construction times and duration will also be circulated to the occupants of this site along with a detailed CNMP to ensure noise levels remain reasonable during demolition and piling. Other noise from other construction related activity will meet permitted levels and not impact this site.


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Figure 4: Office development fronting 368 Beach Road, located south-west of site.

Overall, it is considered that the noise effects on this site will be appropriately manage and mitigated in accordance with best practice standards. The proposal otherwise will not result in any adverse effects on this site.

Mairangi Bay Village Green

The Mairangi Bay Village Green is a local park / reserve that is located to the west and south-west of the site. It is to note the park is zoned Open Space – Informal Recreation. Accessed is via Sidmouth Road or the service lane which provides access to the site. The Mairangi Bay Village Green contains a children’s playground area in the north-west corner and a flat lawn area towards the south, the boundary of the reserve is fenced and planted with trees and shrubs. There are also several mature and substantial trees planted within the Village Green. Despite the proposed development demonstrating a HIRB infringement with the recession standard for the Open Space – Information Recreation zone, the proposal is considered to have less than minor effects on the Mairangi Bay Village Green for the following reasons: Addition Bulk and Visual Dominance As noted in the Urban Design Assessment, the visual dominance effects have been mitigated by way of design and articulation of the building. The development has been designed to be visually interesting with the recessed building facades, balconies, various building cladding materials, the use of large glazing and colours. These features were all factored into the design of the development to mitigate any potential effects created by the increase building bulk. The development does not create any unwarranted blank facades, in particular along the façade with views into the reserve. It is considered the proposed balconies and the recessed glazing provides a good level of detail in the building façade to mitigate the additional bulk. VPT 8 within the Photomontage (Appendix 6) demonstrate how the development would appear from the Village Green. VPT 8 shows the different designs mentioned and also the existing vegetation that is within the reserve which provides natural screening and helps reduce the additional bulk. The following is noted in the Landscape and Visual Impact Assessment (Appendix 5) regarding visual effects on the Mairangi Bay Village Green:


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• The viewpoint is taken from the Mairangi Bay Village Green looking in a westerly direction towards the site. The vegetated characteristics of the reserve are dominant from here with the mature pohutukawa tree plantings providing a vegetated framework, setting and high level of visual amenity to the reserve.

• Recreational users of the reserve would experience this view. The development addresses the service lane and reserve from here with the generous deck recesses breaking up the façade of the building and providing a good level of passive surveillance.

• This architectural detailing and treatment to the building recognises the relationship of building to the reserve by minimizing the perception of dominance and views towards the upper level. The extensively vegetated reserve environs provide an additional level of softening and visual reduction of scale of the building.

• Again from here the height infringement will have minimal adverse visual effects as illustrated in the photomontage. Visually the upper level provides visual interest and relief to the roof form. The set back nature of the upper level reduces any potential dominance and perception of scale on the reserve and surrounding area.

• The visual effects of the additional height of the development will be low-moderate from here.

Figure 5: Visual appearance of the proposed development – Viewed from the Mairangi Bay Village Green.

Shading It is acknowledged that the proposal will result in some additional shadowing. However, additional shadowing will not restrict access to sunlight and daylight onto the Village Green significantly. This is demonstrated in the shading diagrams, prepared by the project architects and detailed within Appendix 3. The shading diagrams show more than reasonable level sunlight and daylight is retained by the Village Green, this is true for morning and afternoon hours. The shading diagrams show that shading is at its worst during late afternoon / evening hours but accessible to daylight and sunlight is not impacted during 9am-4pm. The level of sunlight and daylight is more or less the same across different seasons of the year and as such it is considered the development have less than minor adverse shading effects on the Mairangi Bay Village Green as a result of the HIRB infringement. Overall, the development is not considered to be visually dominant when viewed from the Mairangi Village Bay Green and will not restrict access of daylight and sunlight onto the reserve. Provided the above, adverse effects on this adjoining pubic open space is considered to be less than minor.

Other Adjacent Sites

Actual and potential adverse effects on the other adjacent sites identified in Table 9 above are


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considered to be less than minor. These sites will less than minor impact from the proposal because the development has design generally in accordance the standards permitted for these sites. Given these other sites are all under the same zoning and contain commercial activity rather than residential activity the proposal will not result in undue effects on these adjoining sites.

Adverse Effects on the Wider Environment

Built Form

A new building structure is proposed as part of this application, with minor modifications required to a small section of the footpath along the Beach Road frontage as part of this proposal. The level of building façade and glazing has been designed to ensure high amenity is offered. Servicing will predominately occur underground and have insignificant adverse visual or character effects. It is acknowledged that the proposed development will exceed building height permitted in the Mairangi Bay Local Centre and have an upper-level HIRB infringement along the rear of the development. However, the development has been designed to ensure the proposed bulk will have minimal visual dominance effects. In accordance with the Urban Design Assessment (Appendix 5), the following is noted in relation to the building bulk:

“It is acknowledged that the proposed building does not meet the AUP: OP height control for the Local Centre Zone, by between 2.1m – 3.9m. However, I note that the area surrounding the Business Local Center zone is zoned THAB and Business Mixed Use. The THAB zone provides for higher built form outcomes than the Business Local Center and Mixed Use zones here. I can find no reason in the AUP: OP for this policy approach, which creates higher buildings (and densities) in areas surrounding the Mairangi Bay local centre than the centre itself. This, in urban design terms, is the opposite of what is generally considered preferable (i.e. higher buildings located within a centre, with lower scale buildings on the outskirts). The AUP: OP at the strategic level seeks to create well-designed walkable and sustainable local and town centre which reduce private vehicle trips. This is to be achieved through well designed human scale buildings which provide sufficient density to support on-going viaility of local services. The proposal achieves these goals, and in urban design terms create a positive outcome for the site and the local centre generally. The following techniques to mitigate the additional height are in my view relevant:

• The top level is recessed from Beach Road, the Service Lane and the Southern Boundary. This softens the impacts of the height on these boundaries.

• The height is in part justified by the generous open space between the tow apartment blocks (maintaining more sunlight access to the neighbouring site to the south), and the through site link, open to the sky at ground level.

• The variation in colours and materials, and generous recesses for windows, balconies and the top-level pergola structures.

• The additional height has been designed to architecturally complement the building and make it more aesthetically pleasing as an addition to Mairangi Bay’s built character”.

Landform

Historically, the site has been occupied by commercial buildings which have been occupied by various retail shops or other commercial uses such as the ASB Bank. The flat topography of the site has been generally retained over the past 60-70 years.


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Earthworks required by the proposal will not result in significant changes to the existing landform of the site, noting this is due to a combination of the site’s flat nature and the development providing surface-grade parking to mitigate flooding effects. As noted in the Engineering Report earthworks required by the proposal are as a result of the demolition of existing building, removal of existing carparking surface, minor remodeling of the site for surface profiles and base course metal. Given the quantity of earthworks required in terms of volume and area are well within permitted levels, any adverse effects are deemed to be acceptable and will be insignificant in terms of the context of the local area and future planned environment as anticipated by the AUP.

Transportation Effects

It is acknowledged that the proposed vehicle access which servers the main parking area only has a width of 3.2m, which accommodates one vehicle at any given time. As it is intended to provide two-way access, it technically infringes the minimum access width requirements. To resolve this, the applicant’s traffic engineer (Traffic Design Group Limited) has recommended that an incoming vehicle indicator system be provided for existing vehicles. The system would forewarn existing vehicles that there are incoming vehicles, and this would adequately mitigate any potential ingress and egress conflict effects. In addition, there will be adequate space for existing vehicles to wait while incoming vehicle accesses the site and a convex mirror is also recommended to be installed for improved visibility around the corner. In terms of parking provisions, the proposal provides 20 on-site parking spaces for residents. While no parking spaces have been provided for the proposed retail and café uses it noted that eight (8) parking spaces for the retail and cafe activities are required. The lack of on-site parking provision to serve the proposed retail and café activities are considered to have less than minor adverse effects as the proposal will provide a good pedestrian link from Beach Road to the public carpark that is located adjacent to the rear service lane. The applicant’s traffic engineer believes this public carpark being less than 100m from the site will fully cater for the surrounding retail activity within the Mairangi Bay Town Centre. In addition, there are three kerb-side parking spaces adjacent to the site along Beach Road, these will also provide supplementary parking for the proposed business activities. Not mentioned in the Traffic Impact Assessment Report was the removal of the site’s existing vehicle access from Beach Road, which will see that section of the road reserve returned to kerb / channel / footpath. This provides an opportunity to provide an additional mobility parking space right in front of the proposed café and pedestrian laneway. Therefore, it is considered that the lack of on-site parking specifically allocated to the retail and café uses will have less than minor adverse effects. As noted in the Traffic Impact Assessment Report, the development is likely to result in an increase to existing traffic volume by 1% - 1.4%, which is considered to have minimal impact on the roading network which are well within the ordinary day-to-day variation of current volumes experienced by Beach Road. Based on the trip generation assessment provided in Appendix 11, the proposal is considered to have less than minor effect on the efficiency of the surrounding roading network. It is acknowledged that the proposal will result in a technical infringement with the number of vehicle crossings fronting the rear service lane (defined as a “legal road”). However, given the low volume of traffic on this service lane and the presence of speed bumps along the service lane, the additional crossings are predicted to have less than minor adverse effects on


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pedestrian and traffic safety. The proposed vehicle access along with garages in a way improves pedestrian safety as rolling garage doors will be visible to pedestrians, noting pedestrians would be able to see garage door opening as a visual que that a vehicle is approaching. The proposal meets all other relevant requirements of chapter E27 Transport, which relates to parking, access and traffic matters. The use of the existing service lane to the rear of the site for access and parking is a good outcome in terms of not jeopardising the efficiency and safety of the transport environment. Overall, the proposal is not predicted to adversely affect the transport environment, as the effects of the associated access, parking and traffic will be less than minor, as the proposal has been designed to be compliant with chapter E27 of the AUP.

Amenity and Character Effects

At a broad level, the proposal is consistent with the underlying zone intention, which is described as follows:

This Business – Local Centre Zone applies to a large number of small centres throughout Auckland. The centres are generally located in areas of good public transport. The zone primarily provides for the local convenience needs of surrounding residential areas, including local retail, commercial services, offices, food and beverage, and appropriately scaled supermarkets. Large-scale commercial activity requires assessment to ensure that a mix of activities within the local centre is enabled. The expansion of local centres will be appropriate if it provides greater social and economic well-being benefits for the community. Provisions typically enable buildings up to four storeys high, enabling residential use at upper floors. New development within the zone requires assessment so that it is designed to a high standard which enhances the quality of the centre’s streets and public open spaces.

The proposed redevelopment of the site is deemed to be consistent with the above intention of the zone, as it will continue to provide for local retail and food and beverage activities. It will also provide additional residential activity at the upper levels to enhance social and economic well-being benefits for the community. Further, the proposed development is located in close proximity to a number of transport links, employment opportunities and other local amenities. As such, the increase in development intensity accords with that envisaged by the zone. Despite the proposal contravening the building height and HIRB standards, the development is to provide a four storey high and offers residential activities on the upper levels. Additional retail space has not been provided along the ground floor provided that the site requires surface grade parking (due to flooding hazards) and that the site is backs onto a service lane which is used for access purposes. As noted in the Urban Design Assessment, the activation of the ground floor development to the rear does not provide for a good outcome and that the proposed ground floor activity along Beach Road and the proposed laneway creates a high amenity environment. Future built form will be clearly visible from, and interact with the streetscape and the wider area, with the design of the building undertaken in such a way that positive interfaces are provided (note Part 4 – Design Responses within Appendix 5). Streetscape interfaces and passive surveillance have been considered to ensure the development positively contributes to the enhancement and safety of the public realm. The future units are modern, high-quality, and provide an aesthetic outcome which will modernise the immediate area, possibly acting


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as a catalyst for future redevelopment of the area. The project architects have analysed the surrounding area and are aware the proposed development is one of the first to be undertaken under the more flexible provisions of the AUP, hence this development is considered to be an example for future development on nearby sites (if pursued). A comprehensive Landscaping Plan, along with a Landscape and Visual Impact Assessment were prepared by LA4 Landscape Architects to address how the development would be landscaped appropriately to ensure on-site amenity values are of a high quality for future occupants and users of the development. Refer to Appendix 5 and 7. Overall, the proposal will enhance the character of the area in a manner prescribed by the AUP planning provisions. Furthermore, the proposed development density is consistent with that envisaged for the zone. Future amenity both on site and within the surrounding environment will be of a high standard as a result of the proposed built form and quality design features, which have positively responded to several development constraints to create an outcome that ensures the effects on the amenity and character of the area will be less than minor.

Natural Environment Effects

Earthworks associated with development have the potential to result in effects on the natural environment for the duration of construction works. In this instance, these are avoided by employing best practice methods for the implementation of works, and by way of consent conditions that will ensure any effects are contained within the site. Mitigation measures are proposed in accordance with GD05, as detailed above. The Erosion and Sediment Control Plan (within Appendix 8) shows the position of the site works mitigation controls, which correlate to the scale of development proposed, with other mitigative measures to also be undertaken during the period of works. Overall, earthworks effects are anticipated to be confined to the site only and are of a technical nature, noting the extent of works are conventional and correlate to the scale of the development proposed.

Infrastructure Effects

Drainage connections to service the proposed development are demonstrated in the Proposed Drainage Plan as contained within Appendix 8. As detailed in the Engineering Report, the proposed development can be appropriately serviced in terms of water, power and telecommunication supply. Water Supply: Although the site has access to water supply within the road reserve, water supply capacity is unknown at this stage and the applicant’s engineer has noted that an Assessment Planning sheet will be provided to Watercare as part of the LUC process for consideration. Stormwater: The applicant’s engineer has assessed the proposal in terms of the existing stormwater infrastructure, the receiving environment, stormwater quality and quantity. Existing Stormwater Connection and Receiving Environment The existing stormwater connection from the site is a stormwater catch pit within the parking area, this connects directly to the existing 1200mm public stormwater that is located within the service lane towards the rear of the site. The proposed development will continue to utilise this existing connection to discharge stormwater from the site. Stormwater discharge will continue from the site to an open channel


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/ stream south-east of the site near Sidmouth Street and ultimately drains to the Waitemata Harbour via Mairangi Bay Beach Reserve. As such, it is considered the proposed development will be adequately serviced by the existing public stormwater network. Stormwater Quality Despite the site containing over 90% impervious surface, the proposal will not require stormwater treatment provided that the proposal is not considered to be a high contaminant generating use, such as an uncovered car park. The provision of landscaping within the first level court yard area and the ground level pedestrian laneway will act as passive stormwater treatment while subsoil drainage will be provided for excess runoff during larger storm events and discharged along with runoff from other paved areas. Further, roof area will be cladded in material that is inert, such as Coloursteel, therefore runoff from roof areas will not contribute to contaminating the receiving waterbodies. Provided the development is to redevelop the site from a retail space with associated uncovered parking to the rear to a mixed-use development with covered parking. It effectively removes the contamination that currently drained from the site’s undercover parking spaces and will in turn improve the water quality discharged from the site. Stormwater Quantity The proposed development will result in a total impervious surface across the site. Given there is no maximum impervious standard within the Business – Local Centre zone, the proposal does not trigger the need for consent. However, it is good practice to address the potential effects from the proposal. It is considered that the proposal not only improves the quality of runoff discharge, it will also reduce the volume of discharge from the site. This is because the proposal development would incorporate landscaping along the southern boundary (laneway) and within the first level court yard area which would reduce the total impervious area that is currently developed on the site. The landscaping proposed as per Landscaping Plan, will act as passive stormwater treatment and flow control. Again, subsoil drainage will be provided to accommodate runoff during larger rainfall events and discharges from other paved areas. Further, the site has not been identified by Council to be within a Stormwater Management Area. Considering of the above, the proposal is considered not to require any form of on-site stormwater detention systems. Overall, it is considered the proposed development will result in less than minor adverse effects on the environment from a stormwater discharge standpoint. This is determined as, the proposed development will be adequately serviced in terms of connection to the existing public drainage and that the proposed development will see a reduction in impervious areas by implementing appropriate landscaping, which helps improve runoff quality and reduces runoff volumes from the site. Wastewater: As identified on Council GeoMaps, an existing public wastewater drain traverses the entre of the site over the proposed development. A CCTV inspection was undertaken but it found many of the connections from the site are historic and the current connection and the manholes are positioned over the site. That development will be provided over the existing public wastewater 150mm Ø drain which


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would eliminate access to this drain for maintenance and inspection. As such, the applicant’s engineer has proposed to undertake a line realignment of this drain. Refer to Sheet C1-03 within the Engineering Report for position of the proposed realignment. The realignment will ensure the development does not eliminate access to the drain and would also ensure the development will not result in significant load over the drain. Overall, it is considered the proposal will have less than minor adverse effects on the environment from a wastewater servicing standpoint. This is because the proposal will ensure adequate connection is provided to service the proposed mixed-use development. The realignment proposed will ensure the public drain is free of obstruction and accessible. Overall comment: The proposal can be adequately serviced by the major utilities such as power, water, telecommunications considering they are all located within the footpath of Beach Road, where connections are readily available. Additionally, the development will be adequately and appropriately serviced by public stormwater and wastewater drainage networks. In terms of servicing, adverse effects from the proposal will be less than minor.

Natural Hazards and Flooding

It is acknowledged that the site has been identified to be located within a relatively large 1% AEP floodplain. As such the applicant’s engineer has undertaken a catchment and flood risk assessment to identify the potential effects and possible mitigation measures. The applicant’s engineer obtained flood modelling data from Council’s Health Waters department and found that the flooding is likely to have a peak flow of 40m3/s at a width of 130-200m (near the corner of Hastings Road and Beach Road). Based on this data and the existing ground levels of this area, many of the buildings without adequate 500mm freeboard will be subject to inundation during a 1% AEP event. The assessment noted the following:

The proposed Ground Floor level of the development is proposed to be RL: 5.20. matching the levels of the public footpath on Beach Road and the first floor level is RL: 9.10. The habitable FFL’s (first floor and above) are significantly higher than the expected flood level, with freeboard in excess of 4.0m being achieved. The intended use of the Ground floor is predominantly car parking, with retail units the Beach Road frontage and common access and circulation areas for the apartments. Freeboard achieved to this FFL is 180mm to the 100yr ARI flood level and 5300mm to the 10yr ARI. The retail areas (and car parking) are considered to be “less vulnerable” under the AUP definition but it is noted that the recommended freeboard of 300mm has not been achieved in this case. The reason for the limited freeboard is due to keeping the retail area of the building level with the existing footpath to the front of the site and keep the corner tenancy at the same level as the pedestrian link to enhance the pedestrian flow in the area. The lower portion of the carpark (being the spaces accessed directly of the service lane not in the central parking), are at a lower level than the majority of the Ground Floor level as they are matching that of the service lane. These areas are subject to flooding and in the event of a 100yr ARI event could be up to 810mm deep in water. In a 10yr ARI event, the flood depth could be in the order of 460mm in depth. This is noted, and any above ground service items located in these areas are to be raised to a minimum of 1000mm off the finished ground level, or be able to be periodically submerged in water.


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We note that the current usage of the majority of the site is for open air car parking. The existing levels are below the expected flood levels and any cars parked in this area are expected to be inundated in both the 10yr or 100yr ARI events. The proposed development decreases the number of vehicle spaces affected by flooding. As discussed with Council at the Pre-application meeting, the extent of the flood water displaced by the proposed development has been considered. As summarized on sheet SK01 to SK04 in Appendix D, the available volume of storage of flood water on site has been calculated and compared to the existing situation. It is noted that there is a larger footprint in the proposed development that has been raised above the expected flood levels (in both event), which will in turn mean there is less available space for temporary storage of flood water. It is noted that as the site is at the bottom of the catchment, where the flood plains combine and form a very wide flood plain (130-200m in width). The contributing catchment is the majority of the Mairangi Bay catchment (17ha catchment area), with an expected runoff volume of approximately 390,000m3 (Table 3.6, pg 16). The difference in storage volume is less than 0.1% of the total catchment volume. There are very few properties downstream of the subject site as the site is only approximately 200m from the coast. In this case the reduction in storage volume is insignificant compared to the extent of the overall flooding in the area and affects are expected to be minor. The Habitable FFL’s achieve > 500mm freeboard, and other less vulnerable floor levels achieve 180mm freeboard, which as described above is considered appropriate in this case. The decreased in available storage of flood water on site is insignificant compared to the total volume of flooding expected.

Overall, based on the applicant’s flood assessment and the proposed finished floor levels provided within the development, it is considered that the proposal will avoid being adversely affected by flooding, the residential activity (vulnerable to flooding). It is also considered the effects with changes to flooding storage, the effects on downstream properties will be less than minor.

Construction Effects

Construction effects are temporary in duration and therefore unless there are extraordinary circumstances the effects will be less than minor. We perceive no exceptional circumstances in regard to construction at this site. In addition, conditions of consent can be introduced to control the hours of construction, noise, dust, vibration, and vehicle movements, to ensure that there is no nuisance caused to neighbours or the wider public. Noise: It is understood that the proposed demolition and piling for the foundations will result in noise levels which will likely exceed the permitted standard along the boundaries of adjacent property (No. 368 and No. 419 Beach Road). The noise levels are able to be mitigated along the ground floor through the use of appropriate solid screening, but screening will not be as effective in mitigating noise for neighbouring sites with upper level developments. The applicant’s acoustics engineer noted the following in the Acoustics Report:

“The greatest construction noise and vibration effects are anticipated to occur during demolition of the existing buildings on the site and during piling of the foundations. It is predicated that


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construction noise received at 368 Beach Road and 419 Beach Road will exceed the relevant limits. Communication with affected parties will be critical to successfully manage and mitigate adverse noise effects.

It is recommended that written communication (e.g. newsletter) be provided to occupiers of buildings within 40m of the site at least 1 week prior to the Project commencing. It should acknowledge that some activities are predicted to generate high noise levels that may result in disturbance for short periods. It should include details of the overall works, its timing, duration and contact details where complaints and enquiries should be directed. It is anticipated that all other surrounding building will generally comply with the relevant construction noise and vibration limits. It is recommended that construction noise and vibration effects be managed through a Construction Noise Management Plan (CNMP). The CNMP should be implemented throughout the demolition and construction periods of the project. As a minimum, the CNMP should include the mitigation and management procedures outlined in Annex E of NZS 6803:1999. With the successful mitigation and management of construction noise effects, as detailed in a suitable CNMP, the overall construction noise and vibration effect are considered reasonable”.

It is recommended that the following conditions of consent be applied to any approval, to ensure that the effects relating to construction noise are reasonable and for a short duration:

1. Construction works shall be measured and assessed in accordance with the provisions of NZS 6803:1999, and comply, as far as practicable, with the noise criteria outlined in Rule E25.6.27 of the Auckland Unitary Plan – Operative in Part.

2. Construction vibration shall comply with the vibration limits outlined in Rule 25.6.30 of the Auckland Unitary Plan – Operative in Part.

3. A construction noise management plan (CNMP) shall be prepared by a suitabley qualified person and submitted to Auckland Council for approval prior to the commencement of the works onsite. At a minimum, the CNMP shall address the measures in Annex E of NZS 6803:1999 “Acoustics – Construction Noise”. The approved CNMP shall be implemented throughout the construction phase of the project.

With the potential noise levels considered together with the limited duration of the proposed exceedances of the permitted limits, and the mitigation proposed (including the CNMP, the proposed time restrictions and written advice regarding noisy works to all neighbours within 50m) it is considered that noise emissions during the construction stage will be acceptable. Vibration: The proposal is expected to generate low levels of vibrations which the Acoustics Report states will comply with the amenity and cosmetic building damage limits for all surrounding buildings. It is recommended by the Acoustics Report that heavy building elements are not dropped during demolition as it could result in high levels of vibration. Overall, it is anticipated that the proposal with the demolition of the existing buildings, site works, and construction of the new development will result in less than minor vibration effects. Dust: As with any demolition and earthworks works during the dry period, dust will be anticipated, in particular during the summer months of the earthworks season. To ensure dust does not cause undue effects on surrounding sites, it was recommended in the Infrastructure Report that A water truck shall be available at 2 hours’ notice at all times for dust control. The spay of water to settle dust is effective and will be directed by the engineer when required or during periods of dry weather.


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Given the above, it is anticipated that adverse effects relating to dust will be less than minor and can be adequately mitigated.

Special Circumstances Pursuant to Section 95A (4), the consent authority may notify an application if it decides that special circumstances apply to the application. In this instance, there is nothing exceptional about this proposal to develop urban land that is zoned for Business – Local Centre where all the land use activities proposed are anticipated. Servicing and infrastructure is proposed in a manner that is supported by the Council’s code of practice and best practice technical publications. As such, the proposal cannot be described as being of significance, or unusual to a point where public notification of the application would serve a beneficial purpose.

General Discretion to Notify In terms of the Council’s general discretion to notify (s95A (1)), it is considered that there are no benefits for the decision maker in terms of achieving the sustainable management purpose of the RMA, from information potentially brought about through public notification. In particular, wider noise and vibration effects require particular attention. The noise and vibration levels associated with the construction stages of development in this instance, whilst above permitted AUP standards, are anticipated to be comprehensively managed by a range of offered consent condition. As such, notification of the application on this basis is not required.

Limited Notification Assessment Section 95B states that if a consent authority does not publicly notify an application for resource consent, it must decide under Sections 95E if there are any affected persons in relation to the activity. Section 95E requires that the consent authority disregard any effects on those persons who have provided their written approval to the application. In this instance, no written approvals have been obtained. For the reasons discussed above and due to the type of development proposed, no persons are adversely affected. The following is noted:

• The proposal takes adequate account of local urban character and proposes a pattern, scale and form of development that is suitable with the locale.

• The proposed retail, café and residential apartments are all anticipated within the zone. Further the type of development being of a form that is consistent with the anticipated four-storey built form.

• The intensification of the lot will result in a development more akin to what the AUP anticipates for the Mairangi Bay local centre, and it also enhances local centre vibrance and vitality by continuing to provide business / commercial activity on the site. Residential activities typically generate less noise and operational effects on the wider environment.

• Although the proposal will result in HIRB and maximum height infringements, the additional shading will be insignificant when compared with permitted standards.

• All servicing effects will be confined to the site with no impact on any persons. • Access to the development is considered to be safe and convenient for future

occupants. • Construction effects will be largely contained to the site.


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• Whilst the proposal may involve construction noise levels above permitted AUP standards, exceeding a rule does not automatically trigger the need for notification.

• Dust management is proposed during construction.

Notification Conclusion We did not observe any special circumstances that would warrant public notification. Overall, in our opinion this application satisfies the relevant provisions of S95A, 95D, 95B and 95E and can lawfully be assessed without notification or the requirement for written approvals from any persons.

6.0 SECTION 104 – CONSIDERATION OF APPLICATIONS

Actual and Potential Effects Section – Section 104(1)(a) The adverse effects arising from the proposed development have been discussed above and were found to be less than minor on both the wider environment and also on the owners/occupiers of adjacent properties. When establishing the actual and potential effects of any activity in terms of S104(1)(a) it is important to also consider any positive effects of the activity. The proposal is considered to have positive effects overall, as the development will provide a mixed-used development on land able to provide for both commercial retail and high-density residential uses. This is due to the site being near existing infrastructure, services and other local amenities. As such, the proposal will contribute to Auckland’s much needed housing supply while still providing retail and commercial use which enables and enhances the vitality of the local centre of Mairangi Bay. The apartments have been designed to provide a good level of on-site amenity for occupants, further the development provides for the retention of natural light, access to private outdoor balconies and terraces, and areas of communal amenity for the enjoyment of all residents. While the ground floor retail spaces are designed with maximum glazing for an interactive street front which will enhance the quality of the local centres streets and public spaces. Although the development infringes upon height in relation to boundary and maximum height, shadowing diagram attached with Application Plans show the proposed bulk will not differ significantly to what is otherwise permitted on this site. In terms of construction noise on adjacent sites, it is expected that the applicant provides a CNMP to outline mitigation measures and construction time frames to ensure noise levels remain at a reasonable standard for the adjacent sites that are likely to be impacted. But it is expected that noise effects can be mitigated appropriately. In terms of natural hazards, the proposed apartments will have more than sufficient freeboard for its apartment units relative to the expected 1% AEP flood levels. It is acknowledged that the proposed retail and carparking spaces will have a freeboard less than 500mm but as discussed in the Engineering Report, these are not considered habitable or vulnerable activities. Overall, it is considered that the proposal makes efficient use of this urban land in a manner that allows the applicant to provide for economic well-being, and future residents to provide for their social, economic and cultural well-being. It is considered that there will not be any


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effects on the wider environment resulting from this proposal, which has been further demonstrated by the assessment of wider policies in the following sections.

Relevant Statutory Documents – s104(1)(b)

National Environmental Standard

To our knowledge the site and the proposed development are not subject to any relevant NES provisions. As such the proposal is considered not to contravene a NES.

AUP: Regional Policy Statement Chapter B of the AUP establishes a number of high level principles that the lower level plans must achieve in terms of meeting the purpose of the RMA, National Policy Statements (NPS) and the vision of the AUP. The Regional Policy Statement (RPS) is broad in its influence, however for the purposes of this application the sections relating to Urban Growth and Form (B2), Infrastructure, Transport & Energy (B3), Natural Resources (B7), Environmental Risk (B10) and Monitoring and Environmental Results Anticipated (B11) are most relevant. Adhering to one section will help ensure that objectives set out in other sections of the RPS are met. In particular, the efficient use of land resources in the existing urban area, takes advantage of existing infrastructure whilst also protecting outlying areas from urban sprawl.

Auckland Unitary Plan (Operative in Part)

Earthworks: Objectives and Policies

E12. Land Disturbance – District E12.2. Objectives

(1) Land disturbance is undertaken in a manner that protects the safety of people and avoids, remedies and mitigates adverse effects on the environment.

E12.3. Policies

(1) Avoid where practicable, and otherwise, mitigate, or where appropriate, remedy adverse effects of land disturbance on areas where there are natural and physical resources that have been scheduled in the Plan in relation to natural heritage, Mana Whenua, natural resources, coastal environment, historic heritage and special character.

(2) Manage the amount of land being disturbed at any one time, to: (a) avoid, remedy or mitigate adverse construction noise, vibration, odour, dust, lighting

and traffic effects; (b) avoid, remedy and mitigate adverse effects on accidentally discovered sensitive

material; and (c) maintain the cultural and spiritual values of Mana Whenua in terms of land and water

quality, preservation of wāhi tapu, and kaimoana gathering. (3) Enable land disturbance necessary for a range of activities undertaken to provide for people

and communities social, economic and cultural well-being, and their health and safety. (5) Design and implement earthworks with recognition of existing environmental site constraints

and opportunities, specific engineering requirements, and implementation of integrated water principles.

(6) Require that earthworks are designed and undertaken in a manner that ensures the stability and safety of surrounding land, buildings and structures.

Comment: As with any redevelopment of sites, a certain level of earthworks are required to create level building platforms, vehicle access and for recontouring to ensure useable spaces. Given that the site is relatively flat, the proposal does not require significant amounts of earthworks. As noted in an earlier part of this AEE and within the Engineering Report, the


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proposed earthworks, in terms of volume and area will be within permitted levels for a Business zoned site. The associated effects are avoided by employing best practice methods during the implementation of site works, including land stabilisation methods and silt control. In this regard, all effects are contained within the site. Overall, the proposed earthworks can be undertaken in an appropriate manner, which aligns with the above objectives and policies.

Noise: Objectives and Policies

E25 Noise and vibration E25.2. Objectives [rcp/dp]

(1) People are protected from unreasonable levels of noise and vibration. (2) The amenity values of residential zones are protected from unreasonable noise and vibration,

particularly at night. (3) Existing and authorised activities and infrastructure, which by their nature produce high

levels of noise, are appropriately protected from reverse sensitivity effects where it is reasonable to do so.

(4) Construction activities that cannot meet noise and vibration standards are enabled while controlling duration, frequency and timing to manage adverse effects.

E25.3. Policies [rcp/dp]

(1) Set appropriate noise and vibration standards to reflect each zone’s function and permitted activities, while ensuring that the potential adverse effects of noise and vibration are avoided, remedied or mitigated.

(2) Minimise, where practicable, noise and vibration at its source or on the site from which it is generated to mitigate adverse effects on adjacent sites.

(3) Encourage activities to locate in zones where the noise generated is compatible with other activities and, where practicable, adjacent zones.

(4) Use area or activity specific rules where the particular functional or operational needs of the area or activity make such rules appropriate.

(5) Prevent significant noise-generating activities other than roads and railway lines from establishing in or immediately adjoining residential zones.

(6) Avoid activities sensitive to noise from establishing in industrial zones where adverse effects (including reverse sensitivity effects) arise that cannot be otherwise appropriately remedied or mitigated.

(7) Require activities to be appropriately located and/or designed to avoid where practicable or otherwise remedy or mitigate reverse sensitivity effects on: (a) existing or authorised infrastructure; (b) adjacent Business – Light Industry Zone and Business – Heavy Industry Zone; (c) existing lawfully established rural production activities; (d) major recreation facilities; (e) existing lawfully established commercial activities within Business – City Centre Zone,

Business – Metropolitan Centre Zone, Business – Town Centre Zone, Business – Local Centre Zone, Business – Neighbourhood Centre Zone, Business – Mixed Use Zone; or

(f) regionally significant mineral extraction activities Construction, demolition and maintenance activities

(10) Avoid, remedy or mitigate the adverse effects of noise and vibration from construction, maintenance and demolition activities while having regard to: (a) the sensitivity of the receiving environment; and (b) the proposed duration and hours of operation of the activity; and (c) the practicability of complying with permitted noise and vibration standards.

Comment: From a noise perspective, the Acoustics Assessment prepared by Marshall Day Acoustics has confirmed exceedance of permitted noise thresholds during the period of


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construction for No. 368 and 419 Beach Road only. The key objective above is Objective 4, which recognises the temporary effect on construction noise and seeks to enable development in accordance with the zone intentions, noting mitigation and best practice management in a practical manner will enable both redevelopment of existing sites, and protection of the amenity of adjacent sites as best as possible. As discussed earlier, No. 368 Beach Road is utilised as an office building which is not considered to be an activity sensitive to noise. Notwithstanding, the proposal will implement screening along the site’s boundary to ensure construction noise is reduced as far as practicable on this neighbour to ensure occupants of this are protected from unreasonable noise. The Acoustics Report noted that noise related to the proposed demolition and construction can be mitigated along the ground level these adjacent sites with the use of appropriate screening. Proposed screens will not be effective in mitigating noise on the upper-level developments. The acoustics engineer has suggested that the applicant provide a CNMP to outline the duration of construction noise and outline useful mitigation measures on this neighbour. With an appropriate CNMP provided, it is considered that while construction noise will exceed the permitted levels, they will be temporary in nature and effects will be managed accordingly to ensure persons are not adversely impacted. The Acoustic Report has concluded that:

• Construction activities would generally comply with the construction noise and vibration limits. However, demolition and piling may exceed the noise limits in close proximity to other buildings. Therefore, it is recommended that CNMP be prepared and implemented throughout the project construction ensuring that all best practicable noise mitigation options are adopted.

• Site sound emissions from on-site vehicle movements and mechanical plant can comply with the recommended noise limits.

• Suitable indoor acoustic environments can be achieved provided that appropriate acoustic design of the façade is undertaken prior to construction and the building is properly built and maintained.

• The proposed conditions outlined in Section 7.0 should be included in any consent granted. This reporting also includes several conditions to be complied with during the implementation of works, which will mitigate the effects on surrounding sites for their duration. It is noted that on completion of works, all activities on the site will comply with the permitted activity noise and vibration limits. Full details on the impacts of noise and vibration are contained within the Acoustic Report (Appendix 9). Overall, given; the above expert comments; the mitigation measures proposed, and; that the infringements are temporary in duration, the noise and vibration associated with the construction of the development are not deemed to be at a level whereby outcomes are contrary to the objectives and policies of the AUP.

Business – Local Centre Zone: Objectives and Policies

H11 Business – Local Centre Zone H11.2. Objectives General objectives for all centres, Business – Mixed Use Zone, Business – General Business Zone and Business – Business Park Zone

(1) A strong network of centres that are attractive environments and attract ongoing investment, promote commercial activity, and provide employment, housing and goods and services, all at a variety of scales.

(2) Development is of a form, scale and design quality so that centres are reinforced as focal points for the community.


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(3) Development positively contributes towards planned future form and quality, creating a sense of place.

(4) Business activity is distributed in locations, and is of a scale and form, that: (a) provides for the community’s social and economic needs; (b) improves community access to goods, services, community facilities and opportunities

for social interaction; and (c) manages adverse effects on the environment, including effects on infrastructure and

residential amenity. (5) A network of centres that provides:

(a) a framework and context to the functioning of the urban area and its transport network, recognising:

i. the regional role and function of the city centre, metropolitan centres and town centres as commercial, cultural and social focal points for the region, sub-regions and local areas; and

ii. local centres and neighbourhood centres in their role to provide for a range of convenience activities to support and serve as focal points for their local communities.

(b) a clear framework within which public and private investment can be prioritised and made; and

(c) a basis for regeneration and intensification initiatives. Business – Mixed Use Zone objectives

(6) Local centres enable commercial activity which primarily services local convenience needs and provides residential living opportunities.

(7) The scale and intensity of development within local centres is in keeping with the planning outcomes identified in this plan for the surrounding environment.

(8) Local centres are an attractive place to live, work and visit. H11.3. Policies General policies for all centres, Business – Mixed Use Zone, Business – General Business Zone and Business – Business Park Zone

(1) Reinforce the function of the city centre, metropolitan centres and town centres as the primary location for commercial activity, according to their role in the hierarchy of centres.

(2) Enable an increase in the density, diversity and quality of housing in the centre zones and Business – Mixed Use Zone while managing any reverse sensitivity effects including from the higher levels of ambient noise and reduced privacy that may result from non-residential activities.

(3) Require development to be of a quality and design that positively contributes to: (a) planning and design outcomes identified in this Plan for the relevant zone; (b) the visual quality and interest of streets and other public open spaces; and (c) pedestrian amenity, movement, safety and convenience for people of all ages and

abilities. (4) Encourage universal access for all development, particularly medium to large scale

development. (5) Require large-scale development to be of a design quality that is commensurate with the

prominence and visual effects of the development. (6) Encourage buildings at the ground floor to be adaptable to a range of uses to allow activities

to change over time. (7) Require at grade parking to be located and designed in such a manner as to avoid or mitigate

adverse effects on pedestrian amenity and the streetscape. (8) Require development adjacent to residential zones and the Special Purpose – School Zone

and Special Purpose – Māori Purpose Zone to maintain the amenity values of those areas, having specific regard to dominance, overlooking and shadowing.

(9) Discourage activities, which have noxious, offensive, or undesirable qualities from locating within the centres and mixed use zones, while recognising the need to retain employment opportunities.


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(10) Discourage dwellings at ground floor in centre zones and enable dwellings above ground floor in centre zones.

(11) Require development to avoid, remedy or mitigate adverse wind and glare effects on public open spaces, including streets, and shading effects on open space zoned land.

(12) Recognise the functional and operational requirements of activities and development. (13) In identified locations within the centres zones, Business – Mixed Use Zone, Business –

General Business Zone and Business – Business Park Zone enable greater building height than the standard zone height, having regard to whether the greater height: (a) is an efficient use of land; (b) supports public transport, community infrastructure and contributes to centre vitality

and vibrancy; (c) considering the size and depth of the area, can be accommodated without significant

adverse effects on adjacent residential zones; and (d) is supported by the status of the centre in the centres hierarchy, or is adjacent to such a

centre. (14) In identified locations within the centre zones, Business – Mixed Use Zone, Business – General

Business Zone and Business – Business Park Zone, reduce building height below the standard zone height, where the standard zone height would have significant adverse effects on identified special character, identified landscape features, or amenity.

(15) In areas surrounding the city centre, recognising their proximity and accessibility to the Business – City Centre Zone and Business – Metropolitan Centre Zone at Newmarket, provide opportunities for substantial office activities in the Business – Local Centre Zone and Business – Mixed Use Zone.

Business – Mixed Use Zone policies

(16) Enable activities for the local convenience needs if the surrounding residential area, including retail, commercial services, office, food and beverage and small scale supermarkets.

(17) Enable large scale commercial activities where this: a. Supports:

i. A diversity of activities within the local centre; and ii. The centre’s on-going ability to provide for the local convenience needs of

its surrounding community; b. Does not significantly adversely affect the function, role and amenity of the Business

– City Centre Zone, Business – Metropolitan Centre and Business – Town Centre Zone beyond those effects ordinarily associated with trade effects on trade competitors; and

c. Manages adverse effects on the safe and efficient operation of the transport network including effects on pedestrian safety and amenity.

(18) Provide for the expansion of local centres to better provide for community social and economic well-being, where expansion is suitable for growth in terms of strategic and local environmental effects.

(19) Recognise: a. The positive contribution supermarkets make to centre vitality and function; b. The function and operational requirements of these activities; and c. Where preferred built form outcomes are not achieved, the supermarket needs to

achieve a quality built environment by positively contributing to public open space, including the activation of streets.

(20) Require activities adjacent to residential zones to avoid, remedy or mitigate adverse effects on amenity values of those areas.

(21) Restrict maximum impervious area within a riparian yard in order to ensure that adverse effects on water quality, water quantity and amenity values area avoided or mitigated.

Comment: The proposal seeks LUC to enable a mixed-use development with ground floor retail and café and upper-level apartments on site. The use of the site for the uses purposed are all permitted. General compliance with key zone rules detailed within Part 4.2 of this AEE. A number of the above objectives and policies are not relevant to this proposal, however there


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are a number referenced specifically within the corresponding Assessment Criteria relating to new buildings. In relation to these policies, it is advised that:

• Building Design: The quality of the design is apparent within the Application Plans (Appendix 3) provided and confirmed within the Urban Design Assessment (Appendix 4). Detailed reassessment of this is not proposed within this section of the AEE. In short, the proposed design is considered appropriate which enhances local centre vitality while avoiding visual dominance.

• Universal Access: The building has lift access to all floors. Although the New Zealand

Building Code (NZBC) accessibility requirements do not apply to private dwellings the lobby is set at grade, enabling universal access into the building and lift cores. Common circulation spaces are also wider than required by the NZBC for accessible routes. Circulation and apartment layouts are simple, intuitive and afforded adequate size and space. The typologies are adaptable to a variety of users. Universal access is also provided along ground floor adjacent to the Beach Road frontage.

• Adaptability: The development includes a retail and a café use which are appropriate

uses for the site and the location. However, the layout of the ground floor spaces is open and can converted to other suitable uses if the land use activity was to change.

• At Grade Car Parking: The proposed at grade parking will not result in undue visual

impact on the streetscape character of the area or result in adverse effects on pedestrian amenity. This is because the carparking for the development will be located towards the rear of the site fronting the service lane and the parking areas will all be contained within the site and enclosed by garages. Given the garages are fronting onto a service lane rather than the main street of Beach Road, visual effects on the streetscape and effects on pedestrian amenity are less than minor.

• Ground Floor Retail Activity: The proposal will continue the existing trend of providing

retail activities on the ground floor along the Beach Road frontage.

• Functional and Operational Requirements: The use of space on the ground floor which fronts Beach Road will provide functional retail and café uses which supports the enables local centre commercial activity and services the local convenience needs.

The design of the development has been undertaken to ensure it provides a variety of unit sizes and layouts to meet differing needs and budgets. This results in an inclusive development, likely accommodating a wider demographic of occupants. All necessary facilities are required on site, inclusive of quality outlook and sunlight access, bike parking, storage needs and overall convenience of use. All units include glazing at towards both the western and eastern facades, allowing for good access to day and sunlight but also cross ventilation through rooms as per the Good Solutions Guide for Apartments publication. Additionally, all units are proposed to have mechanical ventilation to meet the noise requirements of the AUP. The AUP provides minimum noise requirements and the Building Code has requirements to account for noise from adjacent units and common areas, all of which are intended to be complied with.

Based on the supporting documents and the above assessment, it is considered the proposed


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development, although infringes development standards for the building height and height in relation to boundary, is in accordance with the relevant objectives and policies of the AUP for the Business – Local Centre Zone.

AUP – Assessment Criteria It is noted that the overall activity status of the application is restricted discretionary, and the AUP contains assessment criteria for such activities. Noting the above, and for completeness, the following Assessment Criteria are deemed relevant to this proposal and are detailed in the following AEE sections.

Earthworks: Assessment Criteria

E12 Land disturbance – District E12.8.2. Assessment criteria The Council will consider the relevant assessment criteria below for restricted discretionary activities:

(1) all restricted discretionary activities: (a) whether applicable standards are complied with; (b) the extent to which the earthworks will generate adverse noise, vibration, odour, dust,

lighting and traffic effects on the surrounding environment and the effectiveness of proposed mitigation measures;

(c) whether the earthworks and any associated retaining structures are designed and located to avoid adverse effects on the stability and safety of surrounding land, buildings, and structures;

(f) whether the extent or impacts of adverse effects from the land disturbance can be mitigated by managing the duration, season or staging of such works;

(g) the extent to which the area of the land disturbance is minimised, consistent with the scale of development being undertaken;

(j) whether the land disturbance and final ground levels will adversely affect existing utility services;

(k) the extent to which the land disturbance is necessary to accommodate development otherwise provided for by the Plan, or to facilitate the appropriate use of land in the open space environment, including development proposed in a relevant operative reserve management plan or parks management plan.

Comment: A volume of 507m³ and 1,398m² of earthworks is proposed. An Erosion and Sediment Control Plan has been designed to appropriately manage sedimentation from the site during construction (refer Appendix 8). The applicant’s engineer has indicated that sedimentation control measures in accordance with GD05 will be implemented during the whole duration of site works. Sedimentation control measures proposed include:

• Installation, monitoring and maintenance of erosion and sediment controls like silt fences to ensure that there is adequate control of any silt or sediment following removal of the existing building and car park seal.

• Installation of stabilized construction entrances to restrict transportation of soils on site vehicles.

Overall, we consider that the adverse effects with regards to earthworks and site modification will be less than minor and can be mitigated with the imposition of standard Auckland Council consent conditions. The greatest potential for effects from earthworks is sediment entering adjacent sites, and for that reason various silt control measures are proposed around the earthworks area. Therefore, the proposal meets the relevant assessment criteria.

Noise: Assessment Criteria


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E25 Noise and Vibration E25.8.2. Assessment Criteria The Council will consider the relevant assessment criteria for restricted discretionary activities from the list below:

(1) for noise and vibration: (a) whether activities can be managed so that they do not generate unreasonable noise and

vibration levels on adjacent land uses particularly activities sensitive to noise; (b) the extent to which the noise or vibration generated by the activity:

i. will occur at times when disturbance to sleep can be avoided or minimised; and ii. will be compatible with activities occurring or allowed to occur in the

surrounding area; and iii. will be limited in duration, or frequency or by hours of operation; and iv. will exceed the existing background noise and vibration levels in that

environment and the reasonableness of the cumulative levels; and v. can be carried out during daylight hours, such as road works and works on

public footpaths. (c) the extent to which the effects on amenity generated by vibration from construction

activity: i. will be mitigated by written advice of the activity to adjacent land uses prior to

the activity commencing; and ii. can be mitigated by monitoring of structures to determine risk of damage to

reduce occupant concern; and iii. can be shown to have been minimised by the appropriate assessment of

alternative options; and iv. are reasonable taking into account the level of vibration and the duration of

the activity (where levels of 10mm/s peak particle velocity may be tolerated only for very brief periods).

(d) whether the measures to minimise the noise or vibration generated by the activity represent the best practicable option.

(4) for noise in the Business – City Centre Zone, Business – Metropolitan Centre Zone, Business – Town Centre Zone, Business – Local Centre Zone, Business – Neighbourhood Centre Zone or the Business – Mixed Use Zone: (a) in addition to the assessment criteria in E25.8.2(1) above, all of the following will be

considered: (1) the background noise at the affected receivers and the extent to which this is proposed to

be exceeded; (2) the level of existing sound insulation (where that information is available) and ventilation

options for affected receivers existing as at the date of notification of the Plan; and (3) the frequency and duration of the exceedance.

Comment: The proposal is deemed consistent with the above assessment criteria for the following reasons:

• Limits on when construction activities can be undertaken on site are proposed, to mitigate the effects on the occupants of surrounding sites during construction works

• Vibration relating to the proposal is expected to be within permitted standards and not result in adverse effects on adjoining sites.

• Construction activity proposed will be temporary in nature, for the duration of works required.

• All surrounding landowners who are within areas where noise non-compliance has been identified will be contacted by the applicant, advising of works duration and timings.

• Noise is a by-product of any development, and occasionally achieving compliance with stated standards cannot be achieved. The noise in this instance however is limited to the construction phase of development only.


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• Conditions of consent are recommended to mitigate excessive noise generated during construction, however, there is no practical solution to reducing noise levels to reasonable levels.

• Construction noise is expected, and buildings cannot be delivered without a practical assessment of relevant AUP rules.

• A common-sense approach is required in relation to the application of the noise rules, as construction activity is encouraged within the zone and the structure itself is essentially compliance with bulk and location controls for the zone.

New Buildings: Assessment Criteria

H11 Business – Local Centre Zone H11.8.2. Assessment Criteria The Council will consider the relevant assessment criteria below for restricted discretionary activities:

(4) new buildings and alterations and additions to buildings not otherwise provided for: (a) for Matter H13.8.1(3)(a)(i) refer to Policy H13.3(3)(a) and Policy H13.3(3)(b); (b) for Matter H13.8.1(3)(a)(ii) refer to Policy H13.3(3)(c); (c) for Matter H13.8.1(3)(a)(iii) refer to Policy H13.3(4); (d) for Matter H13.8.1(3)(a)(iv) refer to Policy H13.3(3)(a); (e) for Matter H13.8.1(3)(a)(v) refer to Policy H13.3(7); (f) for Matter H13.8.1(3)(b) refer to Policy H13.3(6); (g) for Matter H13.8.1(3)(c)(i) refer to Policy H13.3(3)(a) and Policy H13.3(3)(b); (h) for Matter H13.8.1(3)(c)(ii) refer to Policy H13.3(3)(a) and Policy H13.3(3)(b); (i) for Matter H13.8.1(3)(c)(iii) refer to Policy H13.3(3)(a) and Policy H13.3(3)(b); (j) for Matter H13.8.1(3)(d) refer to Policy H13.3(3)(c); (k) for Matter H13.8.1(3)(e) refer to Policy H13.3(3)(c); (l) for Matter H13.8.1(3)(f) refer to Policy H13.3(3)(b); (m) for Matter H13.8.1(3)(g) refer to Policy H13.3(3)(c); (n) for Matter H13.8.1(3)(h) refer to Policy E1.3(10); (o) for Matter H13.8.1(3)(i) refer to Policy H13.3(3)(12);

Comment: The above assessment criteria relate to the policies detailed above within Part 6.4 of this AEE. Compliance with these Policy provisions has already been demonstrated. The Matters for Discretion, relating to new buildings are nonetheless useful in confirming Councils expectations for new buildings. These are as follows:

H11.8.1. Matters of discretion The Council will restrict its discretion to the following matters when assessing a restricted discretionary resource consent application:

(4) new buildings and alterations and additions to buildings not otherwise provided for: (a) the design and appearance of buildings in so far as it affects the existing and future

amenity values of public streets and spaces used by significant numbers of people. This includes:

i. the contribution that such buildings make to the attractiveness pleasantness and enclosure of the public space;

ii. the maintenance or enhancement of amenity for pedestrians using the public space or street;

iii. the provision of convenient and direct access between the street and building for people of all ages and abilities;

iv. measures adopted for limiting the adverse visual effects of any blank walls along the frontage of the public space; and

v. the effectiveness of screening of car parking and service areas from the view of people using the public space;

(b) the provision of floor to floor heights that will provide the flexibility of the space to be


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adaptable to a wide variety of use over time. (c) the extent of glazing provided on walls fronting public streets and public spaces and the

benefits it provides in terms of: i. the attractiveness and pleasantness of the public space and the amenity for

people using or passing through that space; ii. the degree of visibility that it provides between the public space and the

building interior; and iii. the opportunities for passive surveillance of the street from the ground floor of

buildings; (d) the provision of verandahs to provide weather protection in areas used, or likely to be

used, by significant numbers of pedestrians; (e) the application of Crime Prevention through Environmental Design principles to the

design and layout of buildings adjoining public spaces; (f) the effects of creation of new roads and/or service lanes on the matters listed above; (g) the positive effects that landscaping, including required landscaping, on sites adjoining

public spaces is able to contribute to the amenity values of the people using or passing through the public space;

(h) taking an integrated stormwater management approach; and (i) all the above matters to be assessed having regard to the outcomes set out in this Plan

and the functional requirements of the activities that the buildings are intended to accommodate;

The proposal is deemed consistent with the above assessment criteria, and the matters of discretion which Council are restricted to assessing during the consideration of this proposal have been satisfied, for the following reasons:

• The development results in compliance with the key bulk and location controls for the zone.

• Where there are infringements, such as with building height and height in relation to boundary, the design of the building takes into account ways to mitigate undue visual, dominance and shading effects.

• Blank walls are avoided by way of the stepped building design, recessed living areas for balconies, use of large glazing, different cladding materials, and use of different colours, whereby visual interest is proposed where practical.

• Beach Road is promoted as the key frontage to the development. Noting this is considered the main high street for the Mairangi Bay area, the proposed ground floor retail and café spaces will continue to support the local centre.

• A verandah is proposed along the Beach Road frontage over the footpath area to the front of the proposed retail and café area. The verandah is not considered out of character in the area and will provide good weather protection for pedestrians.

• Car parking is generally screened from view, with located in enclosed garages. • No new roads or service lanes are required, as the existing road network has sufficient

capacity to accommodate the proposed development. • All servicing can be provided by the existing public networks in the vicinity of the site. • The proposal provides articulated facades, and an attractive modern appearance

consistent with the fundamental intent of the AUP rule. This is demonstrated below in Figure 6 in relation to the Beach Road frontage.

Overall, the proposed development has been designed to the AUP provisions relating to the Business – Local Centre zone. As such, the development is deemed entirely consistent with the direction afforded to the site under the AUP, and the development proposal should not be unexpected. Council support for such a proposal is encouraged, to give effect to the AUP direction and enable the development to act as a catalyst for future redevelopment under-


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utilised sites in different areas that can support urban intensification.

Figure 6: Visual appearance of the proposed development – Viewed from the Mairangi Bay Village Green.

Relevant Statutory Documents Conclusion Overall, we consider that this LUC application is consistent with the relevant provisions of the AUP. The proposed development form, from a bulk and location perspective, aligns with the expectations for both commercial retail and residential expectations within the Business – Local Centre zone, thereby conveying the desired character of the area. Furthermore, the application provides for a high level of amenity both on site and on adjoining land and does not result in adverse effects that would not reasonably be anticipated by the planning and legislative frameworks. In addition to the above, the assessment of the proposal by various technical experts, particularly from an architectural and urban design perspective, confirms the proposed development creates a positive outcome for the wider area and has provided a design response which integrates with the immediate and wider surrounds. The proposal allows for the efficient use of land zoned for residential development which will align with the overarching principles of Part 2 of the RMA. As such, on balance the proposal is an acceptable use of land, and one that meets the overall objectives and policies of the AUP from RPS level downwards.

Section 104(1)(C) Section 104(1)(C) of the RMA requires that Council consider any other matters relevant and reasonably necessary to determine an application. There are no other documents considered relevant to this application.

Proposed Conditions of Consent Section 108 of the RMA enables Council to impose conditions of consent on any granted consent. The applicant is willing to accept conditions of consent appropriate to the scale and nature of the proposed activities. Should consent be granted, it is requested that draft conditions of consent are provided to the applicant for review prior to the release of the consent.


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Proposed Duration of Consent Section 123 (d) of the RMA prescribes a standard consent period. In this case, it is requested that a 5-year consent period be imposed.

7.0 PART 2 PURPOSE AND PRINCIPLES OF THE RMA

Section 5 The purpose of the RMA under Section 5 is the sustainable management of natural and physical resources. This means managing the use of natural and physical resources in a way that enables people and communities to provide for their social, cultural and economic well-being while sustaining those resources for future generations, protecting the life supporting capacity of ecosystems, and avoiding, remedying or mitigating adverse effects on the environment. The proposal is consistent with this purpose because the adverse effects on the environment are less than minor. The need for mitigation is considered limited to the construction period. The development will result in the creation of ground floor retail and café uses and 18 high quality apartments units on the upper-levels, which is considered a highly efficient use of the land. This resource enables the provision of additional housing while retaining key retail and commercial activities along the Beach Road high street. The supply of housing is becoming an urgent issue as the overall demand is exceeded by the level of supply across the Auckland Region.

Section 6 Section 6 of the Act sets out a number of matters of national importance which need to be recognised and provided for and includes among other things and in no order of priority, the protection of outstanding natural features and landscapes, the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna, and the protection of historic heritage. There are no matters of national importance relevant to this proposal.

Section 7 Section 7 identifies a number of “other matters” to be given particular regard by a council in the consideration of any assessment for resource consent and includes the efficient use of natural and physical resources, and the maintenance and enhancement of amenity values. The proposal is consistent with this purpose because a high standard of on-site amenity will be achieved, while not detracting from the amenity values of the local area.

Section 8 Section 8 requires a council to take into account the principles of the Treaty of Waitangi. The granting of resource consent for the proposal would not be contrary to the principles of the Treaty of Waitangi, as there are no historical events or circumstances relevant to the Crowns partnership with Tangata Whenua, connected to the use of the site. Overall the application is considered to meet the relevant provisions of Part 2 of the RMA as the proposal achieves the purpose of the RMA being the sustainable management of natural and physical resources.

8.0 CONCLUSION


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This application seeks land use consent at No. 423-427 Beach Road, Mairangi Bay to redevelop the 1,358m² site to accommodate a four storey mixed-use development. The proposal seeks to provide retail and café spaces along the Beach Road ground floor frontage and 18 residential apartments on the upper three levels. Surface grade parking along with a new pedestrian laneway is also proposed on the site. Under the AUP the application requires consent as a restricted discretionary activity. It is our opinion that the proposal will result in an acceptable outcome that aligns with the planning framework as set out in the AUP. With regard to actual or potential adverse effects on the environment these are less than minor, and the proposal is consistent with the relevant Objectives and Policies, and Assessment Criteria for the Business – Local Centre zone, as well as the Auckland Wide provisions. Public Notification Assessment This application can be processed without public notification for the following reasons:

• Adverse effects on the wider environment are less than minor because: • The proposal cannot be described as being of significance, or unusual to a point where

public notification of the application would serve a beneficial purpose. • There are no special circumstances to warrant notification, as this type of development

does not present any unusual characteristics. • In terms of the Council’s general discretion to notify (s95A (1)), it is considered that

there are no benefits for the decision maker in terms of achieving the sustainable management purpose of the RMA, from information potentially brought about through public notification.

• The noise and vibration levels associated with the construction stages of development in this instance, whilst above permitted AUP standards, are anticipated to be comprehensively managed by a range of offered consent conditions.

• No persons are considered to be adversely affected. The following is noted: o The proposal takes adequate account of local urban character and proposes a

pattern, scale and form of development that is in-keeping with the locale. o The proposed type of development is anticipated within the zone, with the

development form being consistent with the bulk and location not out of character for the Business – Local Centre zone.

o The intensification of the site will result in a development more akin to the intensions of this zone and continue to enhance business / commercial activity. Residential activities will be increased to support the surrounding businesses.

o All servicing effects will be confined to the site with no impact on any persons. o Access to the development is safe and convenient for future occupants. o Work methodologies will be adopted to ensure that adverse effects associated

with contamination, as well as silt and sedimentation, are managed to a degree where no person is affected.

o Construction effects will be largely contained to the site. o Whilst the proposal may involve construction noise levels above permitted AUP

standards, exceeding a rule does not automatically trigger the need for notification.

o Dust management is proposed during construction. o Additional building height and HIRB will not result in undue effects on the wider

environment as it has been designed to enhance visual interest to avoid adverse dominance and shading.


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Overall, in our opinion this application satisfies the relevant provisions of S95A, 95D, 95B and 95E and can lawfully be assessed without notification or the requirement for written approvals from any persons. Reasons for Approval Resource consent should be granted to this proposal, given that an assessment under s104(1)(a) of the RMA has shown that the actual and potential effects of the proposal will be acceptable. This is because the proposed intensification of the site is envisaged under the mixed-use provisions of the AUP. Therefore, the proposal is deemed to be consistent with the intent of the zone and development expectations for the wider area. In accordance with an assessment under s104(1)(b) of the RMA, the proposal will be consistent with the relevant statutory documents. This application is consistent with Part 2 of the RMA because a high standard of onsite amenity will be achieved from the proposed development and adverse effects will be less than minor. Finally, given general compliance with relevant statutory documents, overall we are of the opinion that this application will satisfy the statutory obligations under Section 104 and 104B of the Resource Management Act 1991, and based on the engineering certification provided within this application, consent can therefore be granted accordingly. AEE prepared by: John Lan Planner Civix Limited – Planning and Engineering Mobile: 021 024 72098 Email: [email protected]

mailto:[email protected]


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Appendix 1: Certificate of Title | Title Instrument Documents


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Appendix 2: Topographic Site Survey


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Appendix 3: Application Plans


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Appendix 4: Urban Design Assessment


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Appendix 5: Landscape and Visual Impact Assessment


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Appendix 6: Photomontage


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Appendix 7: Landscape Plan


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Appendix 8: Engineering Report


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Appendix 9: Acoustics Report


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Appendix 10: Geotechnical Appraisal Report


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Appendix 11: Traffic Impact Assessment Report


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Appendix 12: Building Servicing Report and Plans


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Appendix 13: Hydrant Test Report


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Appendix 14: Pre-Application Memo

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