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24.3.04.30 IN THE MATTER of the AND IN THE MATTER of an application Gibson and Day Limited Dear Sir/Madam In accordance with Section 114 of the Resource Management Act 1991, you are hereby advised that the Hearings Committee of the Whakatane District Council, acting under delegated authority from the Council at its meeting held 14 September 2004, resolved to grant consent to resource consent application 24.3.04.30. The Council's decision and the reasons for the decision are attached to this letter. In accordance with Section 357 of the Resource Management Act 1991, you have the right to submit to the Council an objection to any of the above conditions of approval. An objection must be lodged with the Whakatane District Council within 15 working days of receipt of the Council’s decision. If you are in any way not satisfied with the decision of the Council on your objection, you have the right to appeal to the Environment Court. Any appeal is required to be lodged with the Environment Court within fifteen working days of receiving the decision on your objection. Please note that this consent will expire if not given effect to within five years from the date of this letter. Under some circumstances this five-year period may be extended if an application for an extension is made within three months after the consent expiry date. DATED AT WHAKATANE THIS 7th DAY OF October 2004. ______________________________ 1. THAT pursuant to Sections 34A, 104, 106 108 and 220 of the Resource Management Act 1991, the Whakatane District Council grants consent as a discretionary activity to subdivide into 37 Lots (34 Residential Lots, 1 Access Lot, 1 Reserve and 1 Access/Conservation Lot) land legally described as Allot 228 Matata Parish located at 52 Manawahe Road, subject to the following conditions: General Conditions Applying to All Lots A1) The proposed activity shall be carried out in general accordance with Plan Number S2003/1, S2003/2 and S2003/3 dated March 2004 prepared by Ross Overington and information submitted as part of this application, except where modified by any other condition of this consent. A2) The proposed subdivision may be carried out in four stages as defined below and in this order: • Stage One A – Lots 1,2,3 and 14 (Stage One), plus
the balance lots - Lot 18 (Stage Two lots) and Lot 19 (Stage One
B lots). A3) That all earthworks construction shall be undertaken in accordance with section 3.0 of the Engineering Code of Practice, and NZS4402 and NZS4431. A4) That the applicant shall ensure that all erosion, sediment or storm water controls required to control any actual or potential adverse effects resulting from runoff during earthworks are installed and maintained at all times during these works and afterwards where necessary. Further the applicant shall carry out maintenance of erosion/ sediment/ storm water controls where and when directed to do so by an authorised officer of Council. A5) That any damages or disturbances caused to public services and roads as a result of the works to establish the proposed development, shall be rectified at the expense of the developer to the satisfaction of Council. A6) That any earth spillages onto the road reserve are to be cleared immediately to avoid runoff into drains or cesspits and any resulting damages to public services or the road are to be rectified at the expense of the developer to satisfaction of the Council. All road repair works are to be carried out in consultation with the Council’s Roading Engineer. A7) That all works undertaken within the road reserve, including any vehicle crossings, shall be carried out as follows: The consent holder shall contact Council to arrange for inspection to be carried out prior to sealing of the vehicle entrance. The Council will require 48 hours notice to perform inspections. A traffic management plan shall be submitted to Whakatane District Council’s Roading Engineer at least 10 working days prior to any work being carried out on the Road. The plan shall be in accordance with Whakatane District Council's Traffic Management Handbook 2002. If Manawahe Road has not been sealed when the applicant applies for a S224C Certificate for any Stage, then temporary vehicle crossings onto Manawahe Road may be created to the satisfaction of Council. A bond agreement is to be entered into with Council for permanent vehicle crossings or intersections onto Manawahe Road. A8) That each lot is to have a building platform constructed and access track formed to it, to the satisfaction of Council, in accordance with the recommendations in the following reports: • The General Engineering Assessment Report prepared by
S C Everitt dated April 2004; Furthermore, any hazard mitigation measures referred to in the Tonkin and Taylor Report dated March 2004 for Lot 13 (Stage One) are to be designed by a Chartered Professional Engineer and constructed to the satisfaction of Council. A9) That a Chartered Professional Engineer experienced in geomechanics shall inspect and certify all building platforms and associated storm water management, and determine building setback lines where appropriate. The suitability of any material used as fill is to be established and the standard of compaction certified by a suitably qualified engineer with a copy of all relevant documentation being provided to Council. Any ongoing site-specific requirements for each lot for building location and foundation design, earthworks, waste and storm water control, and hazard mitigation, are to be included in the documentation provided to Council. Further, every building platform is to be certified as being above the 1% AEP flood level or a suitable control recommended ensuring that any building is above this level (such as a minimum floor height). A10) That a consent notice shall be registered against the Certificate of Title of any relevant lot/s setting out any site specific requirements recommended in the completion report and required by Condition A9) above. A11) That engineering plans, specifications and calculations providing for the disposal and control of onsite storm water from all exposed surfaces, in accordance with the recommendations outlined in the accompanying reports by Tonkin and Taylor Limited, S C Everitt and Waiora Soil Conservation Ltd, shall be submitted to Council for record keeping. The design shall take into consideration the provision of both primary and secondary disposal and control systems. A12) That confirmation is provided to Council that all works identified in: • the General Engineering Assessment Report prepared by
S C Everitt dated April 2004; for storm water disposal, slope stability, rock fall potential, foundation, etc have been completed. Storm water design shall take into consideration the provision of both primary and secondary disposal and control systems. A13) That a plan showing the finished contours of the house sites, and verified as accurate by a registered surveyor, shall be provided to the Council. A14) That cut faces of banks and exposed surfaces are to be re-vegetated (except where any impermeable surface is laid) and battered to a grade that is self-supporting or retained, immediately after the earthworks have been completed, to the satisfaction of the Director Works and Services. A15) That all proposed lots shall nominate electricity and telecommunication services to the satisfaction of the Director Strategy and Development. A16) That all proposed lots shall nominate an independent supply of potable water to the satisfaction of Director, Strategy and Development. A17) That if a communal water supply is to be used to satisfy Condition A16) then the applicant: (i) shall establish to the satisfaction of the Director Strategy and Development that the proposed source of water supply to serve this development meets the requirements of the New Zealand Drinking Water Guidelines in terms of potability. All costs incurred in establishing same are to be met by the applicant; (ii) create appropriate easements over the proposed source of water supply serving the development as well as over the water supply lines should they pass through adjoining lots; (iii) submit to Council for approval a comprehensive supply and maintenance agreement which shall address such matters as: (1) maintenance; A18) That a consent notice be issued on the Certificate of Title for all properties using the communal water supply (refer condition A17)) to cover ongoing monitoring of the communal water supply. This shall include access for Council officers for the purpose of monitoring the water supply. A19) That all services are to be contained within each lot’s proposed boundaries or appropriate easements be duly granted or reserved. A20) That all easements required to protect rights-of-way or services shall be duly granted and reserved. This condition need not apply however to the “Walkway Only” right-of-ways as shown on Plan S2003/3. All easement documentation is to be provided and approved by Council prior to release of the S223 Certificate. A21) That all vegetation protected areas within each lot are to be defined by survey and shown on the Land Transfer Plan. The vegetation protection areas are to be consistent with the recommendations contained in the report titled “Indigenous Vegetation and Flora of the Matata Conservation Estate” prepared by Wildlands Consultants Limited dated April 2004. A22) That all vegetation protected areas are to be defined on the ground to the satisfaction of the Council. A23) That all building platforms are to be defined by survey and shown on the Land Transfer Plan. A24) That a consent notice, or other form of legal covenant, be issued and registered against the title of all relevant Lots in Stage One to record that the owner shall, on a continuing basis: (i) preserve in perpetuity the indigenous forest, vegetation and habitats on that part of the land defined by Condition A21) without modification, subject to (ii); (ii) control any plant and animal pests as identified in the most recent version of the BOP Regional Plant and Animal Pest Management Strategies and any other environmental plant pests as Whakatane District Council Officers may advise; (iii) not cause, permit or suffer any stock to graze on any part of the land; (iv) ensure that any planting in the protected area only uses indigenous plant species that occur naturally in the Otanewainuku Ecological District and any plant material must be locally sourced (Bay of Plenty); (v) be permitted to enter into a management agreement with Whakatane District Council or Environment Bay of Plenty Council Officers for the purpose of planning and carrying out maintenance, enhancement or restoration works in the protected area consistent with the covenants purpose in clause (i); (vi) not cause or permit or suffer any fire to be lit within the protected area or on any part of the land from which the fire may spread to the protected area; (vii) permit the Council’s officers or contractors entry upon the land at reasonable times so as to ascertain compliance with these conditions. (viii) pay an annual fee, as set out in Council’s Fees and Charges Schedule, for the monitoring of this Consent Notice plus the Council's legal costs and disbursements directly or indirectly attributable to the preparation, execution, registration and enforcement of the consent notice and the Council's conditions set out in the notice. Note: The final wording of the Consent Notice is to be agreed by Council in consultation with the Consent Holder. A25) That a consent notice, or other form of legal covenant, be issued and registered against the title of all Lots in Stage Two to record that the owner shall on a continuing basis: (i) preserve in perpetuity the indigenous forest, vegetation and habitats on that part of the land defined by Condition A21) without modification, subject to (ii); (ii) abide by the Matata Conservation Estate Management Plan approved by Council to satisfy Condition 2A1) below as it applies to the protection of vegetation protected areas, prohibition of fires within protected areas, animals and pets, fencing, protection of vegetation and control of pests and monitoring programme. (iii) ensure that any changes to the Management Plan are agreed to, in writing, by Council; (iv) supply to Council copies of any monitoring reports undertaken as part of the Management Plan; (v) permit the Council’s officers or contractors entry upon the land at reasonable times so as to ascertain compliance with these conditions. (vi) pay an annual fee, as set out in Council’s Fees and Charges Schedule, for the monitoring of this Consent Notice plus the Council's legal costs and disbursements directly or indirectly attributable to the preparation, execution, registration and enforcement of the consent notice and the Council's conditions set out in the notice. Note: The final wording of the Consent Notice is to be agreed by Council in consultation with the Consent Holder. If the Management Plan covers all matters listed above, then only reference to the Management Plan will be required in the Consent Notice. A26) That a consent notice, or other form of legal covenant,
be issued and registered against the Certificate of Titles of
Stage One Lots 1, 2, 3, 5, 13, 12, 10, 9 and Stage Two Lot 21
plus any relevant access lots to record that the owner shall on
a continuing basis: • Maintain the fence required by Condition (w) of the Stage One A consent approved by the Council on 25 August 2004. Note: The final wording of the Consent Notice is to be agreed by Council in consultation with the Consent Holder. A27) That in addition to the requirements of Conditions A10), A24) and A25) a consent notice shall be registered on the Certificate of Titles of all Lots in Stage One B, Stage Two A and Two B to record that the owner shall on a continuing basis: (i) confine all buildings to within the building platforms as defined by survey and required by Condition A23); (ii) have no more than one habitable building per lot with any associated separate garage and/or shed not exceeding 75 square metres in size; (iii) not undertake any further subdivision except for minor boundary adjustments; (iv) ensure that all buildings are no more than two stories in height, or a maximum of 8.0 metres above ground level, whichever is the greater. Ground level is as shown on the Plan required by Condition A13) above; (v) ensure that the owners of Stage Two Lots 7, 13, 14, 15, 16 and 18 have an advanced sewage treatment system designed by a Chartered Professional Engineer familiar with D Miller’s Report dated December 2003; (vi) ensure that any dwelling and any accessory building is constructed from: • natural timber or natural stone; or -walls: B17 to B25 • a combination of the above approved by the Whakatane District Council; (vii) provide storage for at least 10,000 litres of water on-site. Access to this water storage for fire-fighting appliances is to be readily available at all times. Information is to be provided to Council at the building consent stage showing that water storage will comply with this condition; (viii) ensure that the minimum system for effluent treatment and disposal systems will be a septic tank with low pressure dosing (LPED). The use of advanced (packaged) treatment systems which discharges wastewater to irrigation is encouraged; [Note this clause does not apply to Stage Two Lots 7, 13, 14, 15, 16 and 18 Lots as Condition (v) immediately above deals with sewage disposal on these lots] (ix) ensure that no livestock is kept on the land or any domestic animal such as dogs, cats, rats, mice, ferrets, stoats or other exotic animal; (x) ensure that no non-native plants shall be introduced in any way onto a Lot except that residents may plant on that part of their Lot which is not subject to a protection covenant, native plants (including those that do not occur naturally in the Otanewainuku Ecological District) exotic flowers, vegetables, herb and fruit trees, providing the species are not capable of hybridising with naturally occurring native plants or capable of spreading in the surrounding forest. All species identified in the most recent version of the BOP Regional Plant and Animal Pest Management Strategies and any other environmental plant pest advised by Whakatane District Council Officers are prohibited. (xi) permit the Council’s officers or contractors entry upon the land at reasonable times so as to ascertain compliance with these conditions. (xii) pay Council's legal costs and disbursements directly or indirectly attributable to the preparation, execution, registration and enforcement of the consent notice and the Council's conditions set out in the notice. Note: The final wording of the Consent Notice is to be agreed by Council in consultation with the Consent Holder. A28) That a monitoring fee of $100.00 (inclusive of GST) per stage be paid to the Council as a single charge for the administration, monitoring and supervision of this resource consent. Notwithstanding the above, where there is good and reasonable cause for unprogrammed monitoring and additional site inspections, then the costs of that will be a charge on the consent holder. Such costs are recovered on an actual and reasonable basis as defined in the General Conditions and Notes of the Fees and Charges Schedule as approved by the Council in terms of Section 36 of the Resource Management Act 1991. A29) That all Lots with an interest in the commonly owned access lots (Lot 15 Stage One) and Lot 21 (Stage Two) shall comply with the following: (i) That an approved Community Owned Management Structure (COMS) involving participation of the Owners of every Lot in the development for the purpose of providing effective and efficient management of the Commonly Owned Access Lot (COAL) is to be created. The approval of a particular COMS by the Council will require legal structures and covenants between such parties and with such security in perpetuity and registration as the Council may reasonably require. (ii) That Covenants of such Owners are to be entered into and registered against the Certificate of Title for each separate property in the development under the authority of the Resource Management Act in favour of the Council and between such Owners under the authority of the Property Law Act to provide suitably for the future use and maintenance of the COAL and the legal relationships of the Owners in respect of it. The covenants are to include any ongoing maintenance requirements for the roadway as identified in the reports to be provided for this roadway. (iii) That such covenants in favour of the Council, shall be created by a Consent Notice in respect of conditions to be performed on a continuing basis in favour of the Council. (iv) That temporary covenants in favour of the Council shall be the subject of Covenants, (and, if appropriate, a Bond and Guarantee or registration), under Sections 108 and 109 of the Resource Management Act. (v) That to the extent that works required to be undertaken before the issue of a certificate under section 224(c) of the Resource Management Act 1991 have yet to be completed, but the developer nevertheless seeks release of such certificate, then the Council will give consideration to such request on condition that security by way of a Bond with approved Covenants and bank Guarantee for subsequent completion of such works is entered into in the Council’s favour under section 108 of that Act. (vi) That security instruments in favour of the Council will be prepared, and registered as appropriate, by the Council’s solicitors to the Council’s reasonable satisfaction at the cost in all things of the Owners. Securities between the Owners, including as to the COMS, shall be prepared and registered by the Owners, but shall require the prior approval of the Council, by its solicitor at the cost in all things of the Owners. Note: If Lots 4 and 6 (Stage One) are not part owners of Lot 15 (Stage One), then these two lots are to be included in the commonly owned management structure and covenants referred to in this condition. A30) That Conditions A20), A29), (1B1), 2A3), 2A4) and 2A5) are to be completed, where relevant for each stage, to the satisfaction of the Director Environment and Policy prior to approving the S223 Survey Plan. Stage One B Conditions (1B1) That engineering plans, approved by a Chartered Professional Engineer, for the proposed access lot (Lot 15, Stage One) and the intersection with Manawahe Road are to be submitted to Council for approval. The plans are to address geotechnical, stormwater scouring, stormwater control, spring water and slope stability issues. (1B2) That the length of Lot 15 (Stage One) shown A on drawing S2003/2 is to be increased in width to 20 metres wide or an alternative width approved by the Director Works and Services. The final decision is to be made after engineering design plans for the roadway have been approved. (1B3) That the portion of the proposed common access lot (Lot 15) shown as A on Plan S2003/2 shall be formed and constructed to a Local Rural Road standard with minimum six metre wide sealed carriageway in accordance with Standard Drawings R01B, R 26 and R 27 of Council’s Engineering Code of Practice, with approved storm water and scour control. The intersection of the access road with Manawahe Road is to be formed and constructed in accordance with the plans approved by Council under Condition (1B1) above. (1B4) That the remainder of the proposed common access lot (Lot 15 Stage One) shown as A1, A2, A3 on Scheme Plan S2003/2 and the additional proposed rights-of-way from the common access way serving Lots 7, 8 and 9 and Lots 12 & 13 shall be formed and constructed to a minimum five metre wide sealed carriageway in accordance with Standard Drawings R01B, R 26 and R 27 of Council’s Engineering Code of Practice, with approved storm water and scour control. The carriageway within proposed rights-of-way shown as B, B1, C and C1 on drawing S2003/2 may be reduced to a minimum width of 3.5 metres in areas of steep side slopes where excessive earthworks would otherwise be required, with appropriate passing bays allowing for safe passing of on-coming traffic. Where direct visibility is not achieved, the carriageway shall be widened to a minimum width of 5.0 metres in these areas or constructed to an alternative standard as approved by the Director Works and Services. (1B5) That Lot 16 is to be converted into a Private Nature and Historic Reserve in accordance with Section 76 of the Reserves Act 1977 or an alternative reserve status agreed between the applicant and Council. If required, a consent notice or other legal instrument is to be registered on this title to prevent future development and to ensure the Management Plan approved under Condition (1B6) below is carried out. Whether this is required or not will depend on the legal mechanism and requirements proposed for the land. (1B6) That a Management Plan for the proposed Private Nature and Historic Reserve be prepared by a suitably qualified person and submitted to the Manager Parks and Recreation for approval. (1B7) That the amalgamation condition for Lot 15 (Stage One) is to be amended as follows. That Lot 15 Hereon (legal access) be held as to 10 undivided one tenth shares by the owners of Lots 4-6 and 7-13 hereon as tenants in common in the said shares and that individual Certificates of Titles be issued in accordance therewith. The exact wording of this condition is to be finalised by Council in consultation with Land Information New Zealand. If there is a legal reason why the amalgamation condition cannot be amended, then the amalgamation condition shall read as follows. That Lot 15 Hereon (legal access) be held as to eight undivided one eighth shares by the owners of Lot 5 and 7-13 hereon as tenants in common in the said shares and that individual Certificates of Titles be issued in accordance therewith. (See Request 338925). In this case proposed rights of way and services easements A and A1 on drawing S2003/2 may be required in favour of Lots 4 and 6 (Stage One) depending on the consent notice/covenants referred to in A29).
(1B9) That the sites shown on the Land Transfer Plan and required by Condition (1B8) above are to be defined on the ground (for example posts or fencing) to the satisfaction of Council. (1B10) That all earthworks undertaken on Stage One Lot 8 to create a house site and associated accessway are to be monitored by a suitably qualified archaeologist. Any consents required from the Historic Places Trust to modify the existing archaeology Site V15/72) are to be sought and these consents (if required) are to be provided to Council. (1B11) That in addition to the other requirements for a consent notice, a consent notice is to be issued and registered against the Certificate of Title for Lots 4, 5 and 13 to also record that the owner shall on a continuing basis: (i) preserve in perpetuity the archaeological or whenua burial sites shown on the Land Transfer Plan in accordance with Condition (1B8) without modification; (ii) maintain the ground markings constructed by Condition (1B9); (iii) permit the Council’s officers or contractors entry upon the land at reasonable times so as to ascertain compliance with these conditions. (iv) pay Council's legal costs and disbursements directly or indirectly attributable to the preparation, execution, registration and enforcement of the consent notice and the Council's conditions set out in the notice. Stage Two A Conditions • The vegetation areas to be protected 2A2) That Lot 21 hereon (legal access) be held as to 10 undivided one twentieth shares by the owners of Lots 1 – 10 hereon and as to 10 undivided one twentieth shares by the owner of Lot 22 Hereon as tenants in common in the said shares and that individual Certificates of Titles be issued in accordance therewith. The exact wording of this condition is to be finalised by Council in consultation with Land Information New Zealand. 2A3) That engineering plans, approved by a Chartered Professional Engineer, for the proposed access lot (Lot 21 Stage Two) and the intersection with Manawahe Road are to be submitted to Council for approval. The plans are to address geotechnical, stormwater scouring, stormwater control, spring water and slope stability issues and are to be in general accordance with the engineering suitability report prepared by Riley Consultants Limited dated 10 September 2004. 2A4) That the common access road shown A on drawing S2003/3 (Lot 21 Stage Two) from the public road shall be upgraded and constructed to a Local Rural Road standard with a minimum 20.0 metre wide access strip and a minimum six metre wide sealed carriageway for the initial 150 meters from the entrance and then beyond the main gully in accordance with Standard Drawings R01B, R 26 and R 27 of Council’s Engineering Code of Practice, with approved storm water and scour control. The carriageway of the access-way may be reduced to a minimum width of 4.0 metres in areas of the gully & steep side slopes where excessive earthworks will be required with appropriate passing bays allowing for safe passing of on-coming traffic. Where direct visibility is not achievable in the presence of steep side slopes especially around blind corners, the carriageway shall be widened to a minimum width of six metres in these areas. This roadway is to be formed in accordance with this condition up to the common boundary of Stage Two Lots 7 and 8. The intersection of the access road with Manawahe Road is to be formed and constructed in accordance with the plans approved by Council under Condition 2A3) above. 2A5) That all roadway construction for Condition 2A4) is to be supervised by a suitably qualified person and a completion report provided to Council verifying that the roadway has been constructed in accordance with the engineering plans approved under Condition 2A3). 2A6) That proposed access from the common access road: • shown D on drawing S2003/3 (Lot 21 Stage Two) serving
Lots 7 and 8 (being a steep side slope) shall be upgraded and
constructed to a minimum 3.5 metre wide sealed carriageway with
appropriate passing bays allowing for safe passing of on-coming
traffic. Where direct visibility is not achievable, the carriageway
shall be widened to a minimum width of 5.0 metres in these areas
or constructed to an alternative standard as approved by the Director
Works and Services; in accordance with Standard Drawings R01B, R 26 and R 27 of Council’s Engineering Code of Practice, with approved storm water and scour control. Stage Two B Conditions 2B2) That the remainder of the access road shown A on drawing S2003/3 (Lot 21 Stage Two) from the common boundary of Lots 7 and 8 (Stage Two) to its end shall be upgraded and constructed to a Local Rural Road standard with a minimum 20.0 metre wide easement and a minimum six metre wide sealed carriageway in accordance with Standard Drawings R01B, R 26 and R 27 of Council’s Engineering Code of Practice, with approved storm water and scour control. The carriageway of the access-way may be reduced to a minimum width of 4.0 metres in areas of the steep side slopes where excessive earthworks will be required with appropriate passing bays allowing for safe passing of on-coming traffic. Where direct visibility is not achievable in the presence of steep side slopes especially around blind corners, the carriageway shall be widened to a minimum width of six metres in these areas. 2B3) That common access “road” to Lots 12, 15, 16, 17, 18, 19 and 20 (Stage Two) shall be formed and constructed to a minimum five metre wide sealed carriageway in accordance with Standard Drawings R01B, R 26 and R 27 of Council’s Engineering Code of Practice, with approved storm water and scour control. The carriageway within rights-of-way shown J and K on drawing S2003/3 may be reduced to a minimum width of 3.5 metres in areas of the steep side slopes where excessive earthworks will be required with appropriate passing bays allowing for safe passing of on-coming traffic. Where direct visibility is not achievable in the presence of steep side slopes especially around blind corners, the carriageway shall be widened to a minimum width of six metres in these areas. 2. THAT pursuant to Section 36 of the Resource Management Act 1991, an additional administrative charge (to be invoiced separately) shall be paid to Council in relation to the receiving, processing and granting of this resource consent. 1. As part of the building consent application for any new building on the proposed lots, the applicant will need to clearly demonstrate to the satisfaction of the District Inspector the wind zone that will be applicable. 2. In order for the discharge of storm water to be a permitted activity, the applicant should ensure that they comply with Rule 30 of the Proposed Regional Water and Land Plan, otherwise a resource consent from Environment bay of Plenty will be required. 3. For the take and use of surface water to be a permitted activity the applicant should ensure that they comply with Rule 41 of the Proposed Regional Water and Land Plan, otherwise resource consent from Environment By of Plenty will be required. 4. From the information provided, Environment Bay of Plenty is unable to determine if a resource consent is required. The applicant will need to comply with Rule 10.5.4.2 (small scale earthworks) including the conditions in section 10.6 of the Operative Bay of Plenty Regional land Management Plan in order for the activity to be permitted. Otherwise resource consent will be required in accordance with Rule 10.5.4 (small scale earthworks) or Rule 10.5.5 (large scale earthworks) of the Operative bay of Plenty Regional Land Management Plan. 5. Any new dwellings constructed on the lots may be subject to a Development Contribution in accordance with Council’s Long- Term Community Council Plan. 6. Permission may be required from the Historic Places Trust for the removal of the pine trees on Archaeology Sites V15/73 and V15/74. Reasons 1. The proposed activity is a discretionary activity in the Rural 2 Zone of the Proposed Whakatane District Plan and a discretionary activity in the Rural B Zone of the Transitional Whakatane District Plan. 2. The Council is satisfied that the proposal is not contrary to the policies and objectives contained in the dominant planning document, the Proposed Whakatane District Plan. The land is suitable for rural lifestyle blocks and all services can be adequately provided to service all lots. 3. The Council is satisfied that any adverse environmental effects that may actually, or potentially, result from the subdivision are likely to be minor or are avoided, remedied or mitigated by the conditions of this resource consent. A high level of environmental protection will be incorporated into the design of the subdivision and this protection will be registered onto the titles of all lots by way of a consent notice. 4. The Council is satisfied that all parties potentially affected by the proposal have provided written consent to the proposed activity. There were no special circumstances in terms of Section 94(C) of the Resource Management Act 1991 which warranted the public notification of this proposal. 5. The Council is satisfied that this proposal is in accordance with Part II matters of the Resource Management Act 1991. The proposal creates 34 rural lifestyle blocks on land zoned suitable for rural lifestyle blocks (Residential 2). The Council believes that this subdivision is an efficient use of land and the amenity values and environmental quality of this area will not be adversely affected. _______________________ |
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