SECTION 29
HOUSING aCCORDS AND SPECIAL hOUSING AREAS ACT 2013
Report to assist the Commissioner in determining whether the application for resource consent to undertake a residential development at Omokoroa pursuant to the Housing Accords and Special Housing Areas (Western Bay of Plenty District) Order 2015 should be processed as limited notified or non-notified
Council file reference numbers: / RC 101395, S/B/11984Applicant: / Classic Builders NZ Ltd
Site address: / 334-344 Omokoroa Road, Omokoroa
Legal Description of Site: / Lot 1 DPS 4524,
Pt Lot 1 and Pt Lot 2 DPS 65560
SEC 1 SO 348720
Site Area: / Approximately 20 ha
Zoning: / Operative Western Bay of Plenty District Plan:
Future Urban, Light Industrial and Commercial
District Plan Designations: / D189 – Proposed Omokoroa Road re-alignment;
D190 – Proposed Hamurana Road extension;
D192 – Wastewater Pump Station;
D234 – Omokoroa Stormwater Management reserves
Application: / To undertake a 243 lot Special Housing Area development
1. Special Housing Area Statutory Framework and Criteria
1.1 The stated purpose of the Housing Accords and Special Housing Areas Act 2013 (HASHAA) is “to enhance housing affordability by facilitating an increase in land and housing supply in certain regions or districts identified as having housing supply and affordability issues.” The HASHAA provides for the creation by Order in Council of agreements (called “Housing Accords”) between territorial authorities and the Government under which “Special Housing Areas” (SHA’s) are established.
1.2 SHA’s are provided with an alternative, more streamlined consenting process than that provided under the RMA. In particular:
· An activity that is a non-complying activity is to be treated as a discretionary activity;
· Generally, a resource consent application must be processed within 60 working days of being formally received by the territorial authority;
· No application is to be publicly notified;
· Limited notification may only be to adjacent landowners, local authorities, infrastructure providers or requiring authorities (where relevant);
· The notification tests of the RMA do not apply. The extent of limited notification (if any) is at the sole discretion of the territorial authority.
1.3 Any development proposed within a SHA must contain at least the number of dwellings as that prescribed in the applicable Housing Accord and at least the prescribed percentage of affordable dwellings. The following criteria apply to the Omokoroa SHA:
· 25% of dwellings are to be marketed at a price not exceeding $350,000;
· 25% of dwellings are to be marketed at a price between $350,001 and $400,000;
· 50% of dwellings can be sold for more than $400,000.
· The minimum number of dwellings to be built is 15 per hectare of “nett developable area” which in the case of Omokoroa equates to 193 dwellings;
· Buildings are to comprise no more than two storeys and to be no more than 9m high.
1.4 The territorial authority must not grant a resource consent unless satisfied that sufficient and appropriate infrastructure will be provided to support the development and must have regard to the following matters (in order of the most to the least weighting to be given):
· The purpose of the HASHAA;
· Part 2 of the RMA;
· The matters set out in the resource consent decision provisions of the RMA (sections 104-104F);
· The Ministry for the Environment’s New Zealand Urban Design Protocol (2005).
1.5 There is no right of appeal to the Environment Court in respect of developments which are no greater than three storeys high. Rights of objection to a decision (as provided for in RMA section 357C) apply but there is no right of appeal against a decision on an objection.
2. Omokoroa SHA development proposal
2.1 The application is for a 243 lot residential development comprising a range of lot sizes and to be developed in eight stages, the first four being on land closest to Omokoroa Road. The subdivision is designed to achieve compliance with the roading and other infrastructure requirements of the Council’s development code, except for minor variations agreed with Council engineers. The stormwater infrastructure proposed has been designed to service Omokoroa Road and other upstream areas.
2.2 The proposed new intersection with Omokoroa Road has been designed in consultation with Council’s engineering consultants so as to be compatible with the proposed realignment and upgrading of Omokoroa Road. These works will be undertaken concurrently with the works involved in the first stage of development of the SHA.
2.3 Resource consents from the Bay of Plenty Regional Council (BOPRC) are required in respect of the bulk earthworks involved in re-contouring the land to render it suitable for development in the manner proposed. Applications for such consents have been lodged under the RMA.
2.4 Consents are also required from both the District Council and BOPRC under the National Environmental Standard (NES) relating to soil contamination and human health. A site remediation plan has been prepared which identifies the affected areas and outlines how the remediation is to occur (refer Appendix 11 of application). Again, the application to BOPRC has been made under the RMA.
2.5 With respect to the residential development of the lots to be created, the applicant has submitted a series of house plans that will be adapted to meet site-specific requirements and that have been designed to provide a range of housing types likely to be meet market demand as well as to meet the affordability criteria applying to the SHA.
2.6 Drainage reserves (which will also have a passive recreation function) are to be vested in Council in accordance with the Omokoroa Drainage Reserves Management Plan.
2.7 The SHA area includes an existing Council wastewater pump station and associated odour beds as well as a green waste disposal facility. It is the applicant’s understanding that these existing facilities will be managed by Council (and upgraded as necessary) so as to ensure adverse noise and odour effects do not detract from residential amenity values within the SHA.
3. Site and locality
3.1 The subject site is located at 334-344 Omokoroa Road and comprises around 20ha of flat to rolling land recently cleared of previously existing kiwifruit and avocado plantings.
3.2 A number of Council and other community facilities exist within the site. In the north-eastern part of the site on land adjacent to the ECMT railway line and Omokoroa Road (opposite Gladstone Road), such facilities include the Omokoroa Settlers Hall and carpark, a green waste disposal facility and a wastewater pump station with associated odour beds, and the Omokoroa Playcentre. In the north-west, straddling the western boundary of the site is an existing stormwater reserve forming part of the Omokoroa Stormwater Management Reserves network. The stormwater reserve lies within a vegetated gully/wetland area which runs through the middle of the site and then northwards along the western boundary. This land will not be developed for housing but will be used for stormwater management purposes.
3.3 Neighbouring land further to the west is in established horticulture (predominantly kiwifruit and avocado orchards) and is zoned Future Urban under the operative District Plan.
3.4 Immediately adjoining the southern boundary of the site is an established kiwifruit orchard. A previously existing shelterbelt running along this boundary within the subject site has recently been removed as part of vegetation clearance and other site preparation works.
3.5 Across Omokoroa Road to the east is undeveloped residential-zoned land in small rural lots predominantly in pasture with some housing. The Omokoroa Fire Station is situated on its own small site with direct frontage to Omokoroa Road itself.
4. District Plan context
4.1 Under the operative Western Bay of Plenty District Plan (ODP), and as already noted, most of the land within the subject site is zoned Light Industrial and Commercial with a small area in the north zoned Future Urban. Development of the land for urban purposes is subject to a structure plan contained within Appendix 7 of the ODP.
4.2 As the current application has been lodged under the HASHAA the detailed provisions of the ODP do not directly apply to the proposal and pursuant to HASHAA section 25(4) the development is to be treated as a discretionary activity.
5. Notification considerations
5.1 Again as already noted, the RMA notification provisions do not apply to the proposal. The HASHAA has a presumption of non-notification with no provision for public notification. Any limited notification is restricted to adjacent landowners (excluding occupiers), infrastructure providers and requiring authorities (where relevant). Within those confines, the extent of limited notification (if any) is entirely at the discretion of the Council and the usual RMA tests for such notification do not apply although may be used as a guide.
5.2 The Western Bay of Plenty District Council is responsible for ensuring that adequate infrastructure to serve the development either already exists or is able to be provided through the development itself. Council’s requirements in respect of the provision of infrastructure are able to be addressed through the design of the development and through consent conditions. Similarly, Council is the requiring authority in respect of a number of existing designations, including for the proposed Hamurana Road extension, the proposed Omokoroa Road realignment, the existing Omokoroa Stormwater Management reserve and the existing wastewater pump station. Again, any Council requirements in respect of these facilities have either been factored in to the design of the proposal or are able to be made the subject of consent conditions. Given the foregoing, there is no need to include the Council itself in any limited notification process.
5.3 The New Zealand Transport Agency (NZTA) is a requiring authority responsible for State Highway 2 and its intersection with Omokoroa Road. Plans already exist for the upgrading of this intersection and the adjacent stretch of SH2 itself, in conjunction with on-going urbanisation of the Omokoroa peninsula. The written approval of NZTA to the currently proposed SHA development has been obtained (refer Attachment A). Accordingly, notification of the application to NZTA as a relevant infrastructure provider and requiring authority is not considered necessary.
5.4 Kiwirail, as the requiring authority responsible for the East Coast Main Trunk (ECMT) railway line adjoining the northern boundary of the site, is considered to be potentially affected by the proposal. Rule 14.4.1(c)(iii) of the Medium Density Residential Zone of the ODP requires that a 10m yard be provided on residential lots adjoining an existing railway line or designation. The current application proposes a 3m rear yard for the 10 proposed lots which back on to the ECMT railway line. A noise assessment report prepared by Design Acoustics is included in the application (Appendix 5). That report concludes that any increased adverse noise effects created by the reduced rear yard can be addressed through the erection of a 1.8m high acoustic fence along the rear boundaries of the lots adjoining the railway line. It is predicted by Design Acoustics that at the ground level of the residential lots the noise attenuation achieved by the proposed fence will be greater than that achieved through any requirement for a 10m yard. However, it is not clear whether this analysis takes into account the possibility of two-storey dwellings being erected on the lots concerned. In addition, Kiwirail may have other concerns in respect of the proposal. It is understood that representatives of the applicant are undertaking consultation with Kiwirail but the applicant’s planning consultant has advised that limited notification of the application should not be delayed pending the conclusion of such consultation. Under the circumstances, it is considered that Kiwirail should be included in a limited notification process for the application.
5.5 With respect to other adjacent land, the owners of the existing kiwifruit orchard immediately adjoining the southern boundary of the site are also considered adversely affected by the proposed residential development through potential reverse sensitivity effects in respect of orchard management practices, in particular the application of agri-chemical sprays and the implementation of frost protection measures such as frost fans or helicopters. This is especially so given that no shelterbelt (natural or artificial) now exists along the common boundary of the two properties. The applicant is undertaking further consultation with the landowner but, again, does not wish notification of the application to be delayed. It is therefore considered that the orchard property owners (Kiwi Green NZ Ltd) should also be included in a limited notification process.
5.6 Owners of other adjacent land in the vicinity are not considered to be actually or potentially adversely affected by the proposal for the following reasons:
(a) The properties are separated from the subject site to the west by landform (vegetated gully/wetland), to the north by the ECMT railway line, and to the east by Omokoroa Road;
(b) Under the ODP, the land within the subject site is already zoned for urban or future urban development in the form of light industrial or commercial activities. Any adverse effects on the adjacent properties likely to be created by the current proposal are considered to be no greater (and likely less) than those able to be created by complying industrial or commercial developments.
It is therefore considered that it is not necessary to include the owners of the other adjacent properties referred to in any limited notification process.
6. Recommendation
That the application be subjected to a limited notification process involving the following parties only:
Kiwirail, being the requiring authority in respect of the adjoining ECMT railway line to the immediate north, and
Kiwi Green NZ Ltd, being the owners of the adjoining kiwifruit orchard property to the immediate south.
Russell De Luca Date: 20 September 2016
Resource Management Consultant
Commissioner’s Decision:
That the recommendation in respect of limited notification is adopted, and that limited notification be undertaken involving Kiwirail and Kiwi Green NZ Ltd, for the reasons outlined in the consultants planner’s report dated 20 September 2016.
Date: 22 September 2016
William Wasley
Independent Commissioner
2