MCE - Application

13 May 2004

The Chief Executive
Whakatane District Council
Private Bag
WHAKATANE

Attention: David Bewley

Dear Sir

GIBSON & DAY LIMITED: PROPERTY AT 52 MANAWAHE ROAD, MATATA - PROPOSED SUBDIVISION

1. INTRODUCTION

Gibson & Day Limited recently purchased the subject property (approximately 89 ha) specifically to develop a unique, environmentally focussed, rural residential subdivision. Until recently approximately one third of the land had been utilized for a production pine forest and harvesting of the mature trees has provided the opportunity for an alternative community use associated with restoring the indigenous vegetation and natural habitats of the site.

Portion of the property at the southeast and along Manawahe Road had been more or less continuously grazed by cattle, being generally an easier valley which has large patches of (predominately) regenerating kanuka. It is proposed to develop this lower area for rural residential use but imposing restrictions designed to protect the existing native vegetation and in particular to provide a buffer between pastoral land to the east and south and more varied and established native forest on higher land within the property to the west.

The higher land contains a significant and strongly regenerating natural habitat which is contiguous with the Matata Scenic Reserve and which surrounds a now open plateau left after pine harvesting. House sites have been carefully selected on the open land where residential activity will be restricted and all steeper areas regenerated with native vegetation. This higher area is designed to be a self-contained residential community called the "Matata Conservation Estate" where there will be a strong emphasis and commitment to protect and enhance the natural environment.

In addition it is proposed to establish approximately one third of the property as a formal reserve being the main native forest remnant which contains Maori Pa and other areas of cultural significance.

Accordingly please find herewith an application for subdivision consent (annex 1), together with five copies each of our drawings S2003/1, 2, 2A, 3, 3A & 4 (annex 2) which illustrates the proposal. Reduced copies of the drawings at sizes A3 and A4 are also attached, as well as a cheque for $1000.00 being Council's application deposit charge for a non-notified application.

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2. PROPERTY DESCRIPTION

The property is legally described as Allotment 228 Matata Parish being 89.3444 ha contained in Certificate of Title SA 11A/1388 (title search attached as annex 3).

It is located approximately 500 metres due south of Matata Township and is bounded by Manawahe Road to the east, the Matata Scenic Reserve to the north and west and private farmland to the south.

There is approximately 950 metres frontage to the road of which some 150 metres at the north is currently sealed with the balance metalled.

The land is generally hilly to steep, located on the Matata hills above the northwestern edge of the Rangitaiki Plains. Elevation varies by some 270 metres over the property, however there are substantial areas of easier land along a central plateau and near Manawahe Road. Approximately 50 ha is covered in established or strongly regenerating native vegetation, approximately 30 ha is open land where pines were harvested, now naturally regenerating and the balance approximately 9 ha is grassland, scrub and access.

The common boundary with the Matata Scenic Reserve is generally along the top of a steep scarp at the south and steep ridgelines at the north, from where the land falls within the reserve directly to the Waitepuru Stream.

There are three recorded Maori Pa sites on, or partly on, the property two of which contain mature pine trees not yet harvested, as well as two other archaeological sites recording evidence of Maori pits and huts.

It is noted, as part of Waitangi Claims settlement, the Crown has agreed to transfer ownership of some 30 ha of the Matata Scenic Reserve (called Whakapaukorero) adjoining the subject land, to Ngati Tuwharetoa (Bay of Plenty).

Waiora Soil Conservation Limited (Mr Norm Ngapo) have provided an authoritive description and recommendations relating to land use capability and their Soil Conservation Property Report is attached as annex 4.

Wildland Consultants Ltd (Mr D Gosling) have surveyed the existing vegetation on the property and their report titled “Indigenous Vegetation and Flora of the Matata Conservation Estate, Manawahe Road, Matata” appears in annex 5 herewith as appendix 9.2.

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3. APPLICATION

Residential development of the property is proposed in two physically separate stages, with each stage intending to be completed in two parts. Accordingly consent is requested to provide for the issue of four certificates of compliance.

3.1 Stage One

This area includes the previously grazed valley and along Manawahe Road, as well as the proposed reserve along the steep face above the road and is illustrated on drawings S2003/2 & 2A.

Fourteen rural/residential lots are proposed (Lots 1-14) with new titles for Lots 1, 2, 3 & 14, which front Manawahe Road, intended to be available first (Stage 1A). The remaining lots (Lots 4-13), as well as the proposed reserve (Lot 16), rely on construction of new access (Stage 1B)

A common access lot (Lot 15) is proposed, generally containing an existing track along the valley, with ownership shared by Lots 5, 7 - 13. Lots 4 & 5, although having direct frontage to Manawahe Road, will also share use of the access lot for the lengths which adjoin their boundaries. Part of the access lot (shown A & A3) will also be used for practical vehicular access to the reserve (Lot 16) while additional rights of way extend from the access lot to serve lots 7 - 9, 12 & 13.

The average area of residential lots in Stage One is 8638m² (excluding reserve).

Lot 16 of approximately 30.0360 ha is intended to be a reserve pursuant to section 76 Reserves Act 1977, to be called the "Mokaiangarara Private Nature and Historic Reserve". This will be jointly owned and managed by the applicant along with Ngati Awa, Ngati Tuwharetoa and Ngati Rangitihi. Negotiations have been initiated with the Department of Conservation to have the reserve formally gazetted in due course. The applicant has engaged Wildland Consultants Limited to prepare a long term management plan specifically for this reserve, including rehabilitation and enhancement. Objectives and policies recommended in the management plan will be implemented by a committee of owners, including representatives from six local marae.

It is intended that Stage 1A also provide separate titles for the balance of Stage One, referred to as Lot 19 (being Stage 1B) and for the area of Stage Two shown Lot 18 (the Matata Conservation Estate).

3.2 Stage Two

This is the area referred to as the "Matata Conservation Estate" which includes significant native forest remnants as well as the majority of clear land where pine trees were recently harvested and is illustrated on drawings S2003/3, 3A & 4.

Twenty rural/residential lots are proposed (Lots 1 - 20) with access from Manawahe Road by a common access and conservation lot (Lot 21). A 20 metre wide right of way is provided within the access lot (shown A) which contains an existing metalled road. Additional rights of way extend from this to service some lots (Lots 2, 3, 7, 8, & 16 - 20).

Lot 21 will be subject to compulsory amalgamation whereby a one twentieth undivided share is amalgamated with each of Lots 1 - 20. This is extended at its northern end to include a basin where a log skid was located and which is intended for a future community area including tennis court and children's playground. However the majority of Lot 21 is steep land covered in native vegetation which will be subject to protection covenant.

The average area of residential lots in Stage Two is 2.36 ha.

Walkway easements will be provided around parts of the estate, through native bush which also defines access to established bait stations for animal pest control. It is intended to provide various fitness stations along appropriate parts of the walkway as a fitness trail for residents. In addition an easement is provided along the Matata Scenic Reserve in favour of the adjoining Whakapaukorero Block to enable Ngati Tuwharetoa to have practical foot access along the common boundary. It is requested that these walkway easements not be referred to as "conditional" easements.

For practical reasons it is intended that Lots 1 – 10 and lot 21 constitute Stage 2A and Lots 11 - 20 constitute Stage 2B.

A specific management plan has been prepared for the Matata Conservation Estate (refer annex 5) which Council is requested to adopt, by way of consent notice, as a condition of consent for Stage Two. The management plan outlines objectives, ownership and responsibilities associated with the Matata Conservation Estate and is a comprehensive document ensuring that new owners will be aware of their restrictions and obligations. A copy of the draft Deed of Covenant referred to in 3.0 of that plan is also attached (see annex 5A).

In addition to a consent notice it is intended to protect, in perpetuity, all native vegetation on the property (including both Stages One and Two but excluding house sites, their curtilage and the proposed reserve) by way of an open space covenant with the Queen Elizabeth II National Trust. A copy of a letter from the Trust is attached as annex 6, confirming negotiation in this regard.

It is also proposed to designate the natural areas of the property, including the reserve, as a "Wildlife Refuge" under provision of the Wildlife Act, 1953. Wildland Consultants Limited have initiated this process with the Department of Conservation, on behalf of the applicant.

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4. DISTRICT PLAN

The land is zoned Rural 2 (Foothills) under the Proposed Whakatane District Plan and Rural B under the Transitional Whakatane District Plan. It is understood that there are no provisions in the Proposed Plan likely to affect subdivision in this particular part of the Rural 2 zone which are subject to references to the Environment Court. Accordingly it is submitted that significantly greater weight must be given to the Proposed Plan in assessing this proposal.

Under the Proposed Plan the type of rural residential subdivision proposed is specifically provided for. The average (residential) lot size overall is 2.63 ha including the reserve area (being greater than 2.00 ha) and the minimum lot size is 5150m² (being greater than 5000m²). Being in excess of four lots the application is a discretionary activity, however all assessment criteria listed in Rule 3.11 have been considered and this report demonstrates compliance with the relevant requirements.

It is noted that maximum density for a property of this size in terms of Rule 4.1.7.2 could be 44 lots (plus an additional protection lot in terms of Rule 4.1.8.4).

The adjoining Matata Scenic Reserve is recognised as a significant natural heritage feature and it is acknowledged that values associated with this extend to the subject property.

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5. HOUSE SITES

House sites have been carefully selected, generally on elevated ridges, spurs and knolls, with particular attention to providing privacy between adjoining sites and avoiding unnecessary disturbance of established vegetation.

Earthworks will be carried out by the applicant to create building platform areas on each lot, in excess of 10 x 15 metres and dwellings will be restricted to that site.

General suitability for residential development has been assessed by Mr S C Everitt, registered engineer and a copy of his report and recommendations is attached as annex 7. This identifies some sites as requiring specialist confirmation, being Lots 1, 2, 3 & 13 on Stage One and Lot 7 on Stage Two. Accordingly Tonkin & Taylor Ltd have provided specific geotechnical assessments for these lots and their reports (two) are attached as annex 8 (Stage One) and annex 8A (Stage Two).

Construction of earthworks and necessary protection measures associated with the above lots will be carried out by the applicant, as recommended by the engineers, to create suitable building platforms.

It is intended that suitability of all finished platforms will be certified and building set back lines determined where appropriate, by a suitably qualified engineer.

The limits of land available for residential activity that is associated with individual house sites on each lot will be defined by corner posts which also define the limits of vegetation protection areas beyond. Vegetation protection areas will be defined by survey and shown on the land transfer plan, with those for Stage One being subject to a consent notice and those on Stage Two subject to the management plan for the Matata Conservation Estate (and consent notice).

The proposed dwelling indicated on Lot 13 of Stage Two is intended to be the dwelling for the existing property which will be retained by the applicant and building consent will be sought for this separately, in the near future, as a permitted activity.

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6. ACCESS

An approximately 800 metre length of the Manawahe Road frontage has a metalled carriageway and the applicant has offered to contribute towards the sealing of this in order to accelerate Council's programme to carry out the work. Attached herewith please find copies of correspondence with Council in this regard. (See annex 9).

6.1 Stage One

A combined entranceway will be constructed from the existing sealed portion of Manawahe Road to serve Lots 1 and 2, together with a short length of mutual right of way (shown J & K). Individual entranceways will be constructed for Lots 3 and 14, with Lot 14 sharing the entranceway for Stage Two (see right of way shown G).

The remaining lots on Stage One will share the proposed access lot (Lot 15) which requires construction of a new entranceway. A 6.0 metre wide sealed carriageway is intended to be constructed for the length of Lot 15 shown A and a 5.0 metre wide sealed carriageway for the remaining portion (A1, A2 & A3). Rights of way extending from the access lot over Lots 8 & 9 and 12 & 13 will also be provided with a 5.0 metre wide sealed carriageway.

Entranceway and access construction, including accessways to individual lots, will comply, as appropriate, with standard drawings RO1B, R25, R26, R27, R28 & R29.

The property currently occupies part of Manawahe Road being a width of up to approximately 8 metres and it is intended to construct a new timber post and rail fence along the true road boundary of the new lots and to landscape the extended berm area this will create.

6.2 Stage Two

An existing metalled road, which was upgraded some eighteen months ago to serve logging traffic, currently provides access to Stage Two. This shares entrance from Manawahe Road with the adjoining property to the south but it is intended to construct a new separate entrance further to the north which will comply with standard drawings R25 & R29.

The existing access road generally follows along the sidling of a gully through native vegetation where in places there are relatively high batters. This will be upgraded, however to minimise earthworks and resulting detrimental environmental effects, approval is requested for a reduced sealed carriageway width of 4.0 metres along the gully and steeper land but with widened portions for passing bays at strategic locations. It is intended that the existing road otherwise be upgraded to a 6.0 metre wide sealed carriageway, in accordance with Council's normal engineering standards, including an initial length of some 150 metres from the entrance and then beyond the main gully.

The access road will be owned and maintained by the residents of the Matata Conservation Estate, with controlled entry to protect environmental integrity in terms of the Management Plan.

A 20 metre wide right of way, shown A, defines the main access road within the access lot (Lot 21) which will be shared by all residents comprising the Matata Conservation Estate. An additional right of way (shown D) over Lot 21 provides practical access to Lots 7 & 8 and other rights of way extend over individual lots in order to share access. It is intended that all shared access (other than right of way A) be formed with a 5.0 metre wide sealed carriageway in accordance with standard drawings RO1B, R26 & R27. Entranceways to individual lots will be provided in accordance with R25 & R28.

Particular attention will be given to management of stormwater run-off for all roads (on both Stages One and Two) in accordance with recommendations outlined in the accompanying reports by Mr Everitt and Waiora Soil Conservation Ltd.

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7. SERVICES

All proposed rights of way also define easements for services and additional easements will be provided wherever services cross one lot to another. In addition easements in gross will be granted to electricity and telecommunication supply authorities, wherever required, to protect network installations.

7.1 Water

The primary source for drinking water will be individual roof collection where each lot must provide storage for a minimum of 10,000 litres of water. However a second source will be supplied to each lot as a reticulated system for general purposes, from existing springs on the property or from a bore source. Water storage tanks will be either located underground or screened so that they are not visible beyond the lot.

In the case of Stage One comprehensive conditions associated with easement documentation will provide for running costs and maintenance, including monitoring of water quality, to be shared on a user basis.

A separate reticulated system will serve Stage Two as outlined in the Management Plan for the Matata Conservation Estate.

The northern corner of the proposed reserve, being a bushcovered valley, contains several good springs and the applicant will retain easement rights over this (shown L on drawing S2003/2) as a possible water source. However it is not intended that this be a conditional easement.

7.2 Electricity

Existing low tension overhead electricity lines, owned by Horizon Energy Distribution Ltd, are reticulated along the property side of Manawahe Road. It is intended that electricity will be reticulated from this underground to all lots. A layout scheme for the reticulation will be finalised with an electrical contractor and separate connections supplied to each lot by the applicant.

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8. DRAINAGE

8.1 Effluent Disposal

It is intended that treatment and disposal of effluent from new dwellings be individually to ground soakage in accordance with requirements for a permitted activity status of both the Operative On-Site Effluent Treatment Regional Plan and (the District) Council.

Good natural soakage capability of the volcanic type soils (refer report by Waiora Soil Conservation Ltd) indicate that no difficulty should be encountered with standard septic tank treatment and disposal systems. However in consideration of the environment and cultural concerns, the minimum system for all lots will be a septic tank with low pressure dosing (LPED) – refer to the attached report "Sewage System Options Feasibility Study" by Dave Miller, environmental engineer (annex 10) and "Waste Water News" - September 2003 (annex 10A).

Further, on Stage Two, Lots 7, 13, 14, 15, 16 & 18 must use an advanced (packaged) treatment plant that treats wastewater and discharges it in the form of irrigation water (see 6.8 of Management Report). These lots surround a gully leading into the proposed reserve where there is (unspecified) cultural significance.

The minimum LPED system intended for Stage One will require to be specified by way of consent notice while the management plan (and consent notice) will control requirements for Stage Two.

All lot owners, in addition to those mentioned above on Stage Two, will be encouraged to utilize an advanced (packaged) sewage treatment system.

8.2 Stormwater Disposal

Stormwater run-off from dwellings, other buildings and developed areas can readily be disposed of into the volcanic soils, either by normal soak rings or irrigation. However surface water and overflow from water storage tanks will require to be collected in piped systems and directed to discharge to the soakholes, or irrigation, located beyond the toe of steep slopes. In all cases stormwater overflow will be directed into an appropriate diffusing mechanism to ensure even dissipation and to prevent channelling.

There are no permanent water courses on the property other than spring seepage and the porous soils readily soak up normal rain fall.

All proposed house sites will be free draining with any surplus surface water being naturally directed away by existing landform.

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9. HERITAGE

There are no significant natural or cultural heritage features (as formerly) listed in Schedule 5 of the Proposed Plan contained on this property.

9.1 Archaeological Sites

An archaeological survey and assessment of the property has been carried out by Archaeology BOP (Ken Phillips) and a copy of their report is attached as annex 11 with an addendum as annex 11A. This identifies three previously recorded Pa sites which are situated wholly or partly on the property, being NZAA sites V15/73, V15/74 & V15/75. In addition there is site V15/137 being evidence of pits and huts located on Lot 5 (Stage One) and site V15/72 (pits and huts) which could not be identified and appears to have been destroyed by earthworks for a previous building erected on Lot 8 (Stage One), during the 1980s.

Recommendations in the archaeological report are accepted and anticipated as part of the consent process.

With regard to the remaining pine trees on Pa sites V15/73 & V15/74, the applicant has agreed to remove these and an appropriate authority has been obtained from the New Zealand Historic Places Trust (copy attached as annex 12).

In addition three whenua burial sites (less than 100 years old) have been identified in the lower part of the main valley, one of these being associated with a golden totara tree situated on Lot 4 (of Stage One). It is intended that these sites also be specifically identified and protected by way of consent notice

The three Pa sites are all contained within either the proposed Mokaiangarara Private Nature and Historic Reserve or on the adjoining Matata Scenic Reserve. A conservation covenant (shown N) is proposed to protect site V15/137, by way of consent notice. With regard to site V15/72 it is intended that proposed earthworks to develop the house site on Lot 8 (Stage One) be monitored by a suitably qualified archaeologist. Should archaeological evidence be found during this process the proposed house site would be relocated or other appropriate action taken as recommended by the archaeologist.

9.2 Iwi Consultation

Extensive consultation has been carried out with representatives from the three local iwi who comprise tangata whenua, namely Ngati Awa, Ngati Tuwharetoa (Bay of Plenty) and Ngati Rangitihi.

Meetings, discussions and negotiations have been carried out and written confirmation of support for the proposal has been provided by all parties. Accordingly seven copies of letters are attached as annex 13 being from:

Te Runanga O Ngati Awa

Te Tawera Hapu (Ngati Awa Ki Matata)

Ngati Umutahi (Ngati Tuwharetoa iwi)

Oniao Marae (Ngati Tuwharetoa iwi)

Ngati Rangitihi Runanga (Henare Pryor)

Te Rangatiratanga O Rangitihi Incorporated (David Potter)

Ngati Mahi Hapu (Ngati Rangitihi iwi)

As a result of discussions with iwi, cultural significance of some parts of the property has been confirmed and the significance of other parts alluded to but not specified. However it is understood that the proposed Mokaiangarara Private Nature and Historic Reserve encompasses all significant cultural concerns.

It is noted that an area originally offered by the applicant as an "iwi community area" (subject to unanimous agreement by the three iwi) and referred to as Lot 17 on Stage One was not unanimously agreed to and accordingly this land has been incorporated into the proposed reserve (Lot 16).

9.3 Vegetation Protection

The proposed reserve includes the most significant native vegetation, landscape features and cultural values associated with the property. This will be privately owned and managed under provisions of the Reserve Act 1977, in accordance with a professionally prepared management plan to be funded by the applicant. Freehold title to the reserve will be vested in the three local iwi and the applicant jointly with local control expected to provide incentive for the area to be actively protected, enhanced and appreciated as a community asset.

It is proposed that a management committee be set up to administer the reserve, consisting of two local representatives from each iwi and the applicant, and co-opting a person (or persons) with environmental experience (such as from Department of Conservation) as deemed appropriate.

All other existing native vegetation on the property, including areas of regeneration but excluding designated house sites, will be subject to protection covenants. These areas on Stage One are intended to be the subject of a consent notice while on Stage Two they will be protected under the Management Plan for the Matata Conservation Estate (which in turn is subject to a consent notice). In addition to the consent notice both stages will also be subject to an open space covenant with the QE II National Trust, as well as to a Wildlife Refuge designation.

The total area of land which will be subject to protection covenants within the Matata Conservation Estate is illustrated in green hatch on drawing S2003/4. Dark green defines existing established native vegetation while lighter green defines areas which are naturally regenerating. The uncoloured areas include house sites, easy land and access where, although not subject to protection covenant, significant parts are also likely to be retained in native vegetation.

It is intended to erect a deer fence to separate residential activity on Stage One from Stage Two (Matata Conservation Estate) and the reserve, in order to secure the environmental integrity of more established native vegetation to the west. This fence will be located on Lots 3, 5, 9, 10, 12 & 13, generally along the edge of revegetation where the area between the fence and the western boundary of those lots will be subject to protection covenant.

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10. LANDSCAPE

The existing landscape rises directly from the northwestern edge of the Rangitaiki Plains and parts of it are prominent from further away, particularly the precipitous bare face between Pa sites V15/73 & V15/74 and the steep land in native vegetation extending southwards from this.

However, as viewed from a distance, the topography continues to rise to main ridge lines located some distance to the west, beyond the property, so that proposed house sites will blend into their vegetated backdrop.

The steeper faces and established vegetation leading down to Manawahe Road are contained within the proposed Mokaiangarara Private Nature and Historic Reserve while all other areas of existing significant vegetation will be retained and permanently protected by covenants.

Only minor clearing of vegetation is required to develop house sites and all areas of steeper open land beyond house sites will be reinstated with native vegetation (and protected).

A visual assessment of the proposal has been prepared by Melissa Davis, landscape architect and is attached as annex 14.

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11. AFFECTED PARTIES

The only other private property possibly affected by the proposal is Lot 2 DPS 65545 to the south. The owners of this, Mr & Mrs Sims, have been consulted and their written agreement to the proposal is attached as annex 15.

In addition to iwi, other parties consulted on-site are:

A copy of the application has also been forwarded directly to the Department of Conservation, for their information and seeking section 94 confirmation.

13. ASSESSMENT OF ENVIRONMENTAL EFFECTS

A prime objective for this subdivision is the restoration of indigenous vegetation and existing natural habitats of the site. Some 80 ha of natural area will be formally protected ensuring preservation of its natural character and local heritage. As a result the wildlife habitat of this area is expected to be significantly enhanced, especially the native bird population.

Associated with building restrictions, topography and vegetation will largely screen all proposed house sites from any public viewing point and from adjoining properties, as confirmed in the Visual Assessment (annex 14).

The metalled portion of Manawahe Road will be upgraded and sealed earlier than otherwise as a result of the proposal and this will ensure that there is minimal impact from additional traffic.

There is excellent existing native forest remnant on the property and other areas will be rehabilitated so that some 90% of the land will be covered with indigenous vegetation. Subdivision provides the opportunity to formally acknowledge the heritage value of this and to provide a mechanism for its continued protection and enhancement.

The entire property has already been retired from grazing for some nine months and strong regeneration of native vegetation is now evident, particularly over areas where pine trees were harvested. In addition to vegetation enhancement, permanent restriction on pastoral farming will avoid adverse effects associated with that use, such as from fertilizers, pesticides, effluent and soil erosion.

There are no particular natural hazards affecting the property and the only other possible hazards are chemicals used for pest animal, weed, insect and fungal control but these would be applied in accordance with established practices.

Comprehensive controls and restrictions are detailed in this report and annexes which should ensure that the applicants vision for this subdivision is achieved. For Stage One these are to be imposed by way of consent notice while for Stage Two they are part of a management plan compulsorily incorporated with ownership and reinforced by consent notice.

The applicant intends to prepare building platforms and to form associated access tracks for all lots prior to sale. It is anticipated that earthworks can be carried out in terms of a permitted activity under Rule 10.5.4.2 of the Bay of Plenty Regional Land Management Plan (refer to items 2 & 6 of the Soil Conservation Property Report in annex 4).

Individual sites will be progressively prepared, top-soiled and grassed and access tracks metalled so that the area of exposed ground is minimised at any one time. We note that there are unlikely to be any offsite effects.

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14. LONG TERM COUNCIL COMMUNITY PLAN

Council’s draft LTCCP has been released for public submissions and it appears that proposed development contributions are likely to impact when individual lot owners in this subdivision apply for building consent. However ownership in this subdivision requires a high level of commitment to environmental protection and enhancement and some 90% of the property will be subject to permanent protection. In recognition of environmental benefits to the community for the preservation of vegetation, landscape and cultural values, Council is requested to acknowledge that appropriate credit will be available for this property to offset any development contributions.

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15. CONCLUSION

We cannot identify any possible significant adverse effects resulting from this subdivision, either to the environment or to the local community. Rather, it is considered that the particular rural/residential use proposed will be more environmentally sensitive than possible pastoral farming or production forestry, which are permitted uses for this land.

The application is a specified discretionary activity in terms of the Proposed Plan and proposed covenants should ensure permanent protection and enhancement of existing vegetation, landscape and cultural values. It is considered that this subdivision will be an efficient and sustainable use of both natural and physical resources.

The proposal has been considered against the objectives and policies of both the Transitional and Proposed Plans, and it is considered that it is not contrary to either Plan. It would also appear to be in accordance Part II of the Resource Management Act, 1991 particularly as this relates to the sustainable management of the land resource, maintaining the amenity value of the surrounding area and recognition and protection of the heritage values associated with the property.

The proposed subdivision complies with requirements of the Proposed Plan and all likely affected persons or bodies have been consulted and their approvals obtained. It is anticipated that any possible minor adverse effects can be satisfactorily mitigated or controlled by conditions of consent. Accordingly it is submitted that processing of the application should proceed on a non-notified basis.

All relevant information would appear to be provided pursuant to section 88 of the Resource Management Act, 1991 and we believe that all matters set out under section 104 can be considered and that the test of section 105(2A) has been satisfied.

Also attached for your assistance is a colour aerial photograph of the property (annex 16) at a similar scale as the scheme plan (approximately 1:2500). We would appreciate if this could be returned to us in due course.

Please do no hesitate to contact the writer should you have any query.

We await your advice.

Yours faithfully

R J OVERINGTON

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ANNEXES

Cheque