25 November 2014

Chalmers Properties LtdC/- PF WilliamsPaterson Pitts Partners LtdPO Box 5933Moray PlaceDunedin 9058

Dear Peter

RESOURCE CONSENT APPLICATION: SUB-2014-14920, 32, 36, 43, 44, 46, 62 & 66 CRESSWELL STREET8, 10, & 12 BOMBAY STREET, 2, 10 & 14 TEWSLEY STREET47, 56, 59, 64, 68 & 72 WILLIS STREET, 5, 11, 34 MASON STREET, 7, 8, 12, 21, 25, 26, 28, 29, 35, 37, 41, 45, 47, 55, 57, 61, 63 & 69 WARD STREET,85 & 101 FRYATT STREET,DUNEDIN

Your application for the subdivision of the land at the above addresses into 34 lots, and for the subdivision of sites subject to the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (NES), was processed on a non-notified basis in accordance with sections 95A to 95G of the Resource Management Act 1991. In considering sections 95A to 95G, it was determined that any adverse effects would be no more than minor, and that there were no special circumstances in relation to the proposal. Therefore, public notification was not required. The application was considered by a Senior Planner under delegated authority on 25 November 2014.

I advise that the Council has granted consent to the application with conditions. The decision and conditions are shown in the attached certificate.

DESCRIPTION OF ACTIVITYThe applicant owns numerous properties between St Andrew Street and Fryatt Street where the lease boundaries and occupation on the land does not coordinate ideally with the freehold boundaries. The applicant has identified the land of the subdivision proposal in blocks labelled I, J, M, N, O, P, and Q. The subject sites are as follows:

Block I: Bounded by Ward, Mason, Sturdee and Devon Streets. 5 & 11 Mason Street, 8 Ward Street: Section 81-85 Block LXXIV DP 2769 (CFR

OT2D/743, 3305m2); 12 Ward Street: Lot 75-76 DP 2769 (CFR OT2D/744, 1418m2); 12, 26 & 28 Ward Street: Lot 77-80 DP 2769 (CFR OT2D/745, 2837m2); and

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28 Ward Street (numbered 32 & 34 Ward Street on Council’s GIS view): Lot 71-72 DP 2769 (CFR OT2D/746, 1172m2).

Block J: Bounded by St Andrew, Ward and Halsey Streets. 7 Ward Street: Lot 1 DP 24992 (CFR OT17A/185, 1644m2); 21, 25 & 29 Ward Street: Section 30-32 and Part Section 33 Block LXX Town of Dunedin

(CFR OT17A/186, 1392m2); 55, 57, 61, 63 & 69 Ward Street: Section 9-18 Block LXX Town of Dunedin and more

particularly shown as part of the land on DP 1669 (CFR OT393/177, 4646m2); 29, 35, 37, 41, 45 & 47 Ward Street: Section 19-29 Block LXX Town of Dunedin and

more particularly shown as part DP 1669 (CFR OT396/162, 5111m2).

Block M: Bounded by Bombay, Tewsley, Cresswell and Thomas Burns Streets. 8, 10 & 12 Bombay Street: Section 23-26 Block LXII Town of Dunedin (CFR OT2C/646,

1226m2).

Block N: Bounded by Mason, Cresswell, and Tewsley Streets. 2 & 10 Tewsley Street, 43 Cresswell Street: Section 1-6 DP 1900 and more particularly

shown on DP 1900 (CFR OT416/53, 3710m2). 43 Cresswell Street, 34 Mason Street: Section 7-12 Block LXIII Town of Dunedin (CFR

OT416/54, 4390m2).

Block O: Bounded by Cresswell, Fryatt, Willis and Tewsley Streets. 62, 68, & 72 Willis Street, 62, 66 Cresswell Street, 101 Fryatt Street: Section 13-14 and

Section 39-46 Block LXIII Town of Dunedin (CFR OT416/56, 4812m2). 64 Willis Street, 44 & 46 Cresswell Street, 14 Tewsley Street, 56 Willis Street: Section

28-31, 36-38 DP 1900 (CFR OT16C/819, 3306m2).

Block P: Bounded by Willis, Fryatt, and Tewsley Streets. 47 & 59 Willis Street, 85 Fryatt Street: Section 24-27 DP 1900 (CFR OT2D/744,

3655m2).

Block Q: Bounded by Cresswell, Tewsley, Wilis and Fairley Streets. 20, 32 & 36 Cresswell Street: Section 1-6 Block LXII City of Dunedin (CFR OT116/202,

5891m2).

The proposal is to subdivide the above 15 titles to create 34 new sites as follows:

Block I: Lot 9 (1129m2) being the present 5 Mason Street. Lot 10 (2176m2) being the present 8 Ward Street and 11 Mason Street. Lot 11 (2837m2) 12 Ward Street, being a through site with frontage to Ward and

Sturdee Streets. Lot 12 (2590m2) being the present 26 & 28 Ward Street.

Block J: Lot 1 (1644m2) being the present 7 Ward Street. Lot 2 (929m2) being the present 21 & 25 Ward Street. Lot 3 (465m2) being the present 29 Ward Street. Lot 4 (929m2), also the present 29 Ward Street. Lot 5 (4180m2) being the present 35, 37, 39, 41, 45 & 47 Ward Street.The above sites are all through sites with frontage to Ward and St Andrew Streets.

Lot 6 (2324m2) being the present 55, 57, & 61 Ward Street. Lot 7 (1393m2) being the present 63 Ward Street. Lot 8 (929m2) being the present 69 Ward Street.

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Block M: Lot 13 (613m2) being the present 8 Bombay Street. Lot 14 (307m2) being the present 10 Bombay Street. Lot 15 (306m2) being the present 12 Bombay Street.

Block N: Lot 16 (2697m2) being the present 2 Tewsley Street. Lot 17 (3360m2) being the present 10 Tewsely Street and 43 Cresswell Street. Lot 18 (1032m2) being the present 47 Cresswell Street. Lot 19 (1011m2) being the present 34 Mason Street.

Block O: Lot 23 (482m2) being the present 44 Cresswell Street. Lot 24 (465m2) being the present 14 Tewsley Street. Lot 25 (482m2) being the present 46 Cresswell Street. Lot 26 (465m2) being the present 56 Willis Street. Lot 27 (1413m2) being the present 64 Willis Street, a through site with frontage to

Willis Street and Cresswell Street. Lot 28 (1430m2) being the present 68 Willis Street, also a through site. Lot 29 (1413m2) being the present 72 Willis Street, a through site. Lot 30 (482m2) being the present 62 Cresswell Street. Lot 31 (1486m2) being the corner site of 66 Cresswell Street and 1010 Fryatt Street.

This lot also have frontage to Willis Street.

Block P: Lot 32 (1842m2) being part of the present 47 Willis Street, at the corner of Fryatt and

Tewsley Streets. Lot 33 (921m2) being the present 85 Fryatt Street. Lot 34 (892m2) being part of the present 59 Willis Street having frontage to Fryatt

Street.

Block Q: Lot 20 (1894m2) being the present 20 Cresswell Street, having frontage to Cresswell,

Fairley and Willis Streets. Lot 21 (2997m2) being the present 32 Cresswell Street, a through site with frontage to

Cresswell and Willis Streets. Lot 22 (1000m2) being the present 36 Cresswell Street, having frontage to Cresswell,

Tewsely and Willis Streets.

The proposed subdivision is to be undertaken in one stage, and will not create any vacant sites intended for development. Nor is any redevelopment of the new lots anticipated.

REASONS FOR APPLICATIONThe subject sites are zoned Port 2 and Industrial 1. The general area is shown on the Hazards Register as (variously) 10107 – Land Stability (Subsidence), 10111 – Seismic (Intensified Shaking), 11339 – Contaminated Land, 10407 – Seismic (Liquefaction), 11453 – Contaminated Land and 11454 – Coastal (sea level rise).. There are no designations for this land applicable to this application.

Subdivision is a restricted discretionary activity in the Industrial zone where the application complies with Rules 18.5.3 - 18.5.6, 18.5.9, 18.5.10 and 18.5.12. The proposal is a restricted discretionary activity pursuant to Rule 18.5.1(iv).

NES Soil Contamination Considerations:

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The Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 came into effect on 1 January 2012. The National Environmental Standard (NES) applies to any piece of land on which an activity or industry described in the current edition of the Hazardous Activities and Industries List (HAIL) is being undertaken, has been undertaken or is more likely than not to have been undertaken. Activities on HAIL sites may need to comply with permitted activity conditions specified in the National Environmental Standard and/or might require resource consent.

The applicant’s agent has undertaken a search of the Dunedin City Council records and submitted a discussion on the HAIL aspects of the site in a letter dated 22 October 2014, with an addendum received at Council on 20 November 2014. The two documents are worth reading for the relatively detailed findings of the various properties’ history. They provide a detailed outline of known historical and present uses of the subject sites, and identify a number of HAIL activities for various properties. There are also HAIL activities occurring on adjoining properties. It should be noted, however, that not all of the subject sites are considered to be HAIL sites.

While the applicant’s agent has provided a detailed summary of sites and activities, the results do not fulfil the requirements of a preliminary or detailed site investigation. The proposed subdivision of the HAIL site is therefore considered to be an unrestricted discretionary activity pursuant to Regulation 11 of the NES.

Overall, the subdivision is an unrestricted discretionary activity.

ASSESSMENT OF EFFECTSAffected PersonsNo affected person written approvals have been submitted with the application. No persons are considered to be adversely affected for the reasons set out in the ‘Effects on the Environment’ section below.

Effects on the EnvironmentThe following effects assessment only takes into account the effects of the proposal that are relevant under section 104(3). The Courts have determined that the effects of an activity on the environment should be considered in relation to the existing environment. The following assessment of the actual and potential effects of the proposal on the environment has been prepared on the basis that the environment is characterised industrial and storage activities.

The proposal has been assessed using the assessment matters of section 18.6.1 of the District Plan. Any actual or potential adverse effects on the environment of allowing the activity are considered to be no more than minor for the following reasons:

1. Lot Size and Dimensions (18.6.1(q)) and Physical Limitations (18.6.1(k)) The subdivision proposal is part of an effort by the applicant to rationalise their landholdings into sites that reflect the occupation and existing land use. This proposal is for the subdivision of 15 existing titles into 34 new lots. The existing titles are comprised of multiple parcels, and the new lots are largely aligned with the underlying parcel boundaries. The majority of the existing sites are occupied by buildings.

The new lots will range in size from 306m2 to 4180m2. There is no minimum lot size for the Industrial 1 zone, and the new lots are considered to be acceptable. All lots will have frontage to legal roads, and most (if not all) will have vehicle access to either a yard or directly to the building. The proposal involves existing buildings and activities where access is established and not changing as part of the subdivision. It is understood that there will be no buildings situated over boundaries as a result of the proposed subdivision, and the subdivision may resolve some existing breaches. There is no expectation that the proposed subdivision will create any site having physical limitations rendering it unsuitable for future use.

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2. Easements (18.6.1(i)) There are numerous lease agreements registered on the titles of the subject sites, but no existing easements. No new easements have been promoted as part of the application but the Water and Waste Services Business Unit require easement in gross over existing Council-owned stormwater sewers in proposed Lot 5 (35, 37, 39, 41, 45 & 47 Ward Street).

3. Infrastructure (18.6.1(d), (e), (i), (j), (n), (o), and (p))The Consents and Compliance Officer, Water and Waste Services Business Unit, has considered the subdivision proposal. She advises the Council’s GIS records shows the following existing services:

Ward St: A 150 mm diameter water reticulation main, a 1200 mm diameter stormwater sewer and a 150 mm diameter foul sewer;

Mason St: A 100 mm diameter water reticulation main, a 2175 mm diameter stormwater sewer and a 225 mm diameter foul sewer in Mason St;

Bombay St: A 150 mm diameter water reticulation main, a 300 mm diameter stormwater sewer and a 225 mm diameter foul sewer;

Cresswell St: A 100 mm diameter water reticulation main, a 225 mm diameter foul sewer and a 225 mm diameter stormwater sewer;

Tewsley St: a 150 mm diameter water reticulation main, a 600 mm diameter stormwater sewer, and a 300 mm diameter foul sewer; and

Willis St: A 100 mm diameter water reticulation main, and a 225 mm diameter foul sewer.

Water Supply:There are existing buildings serviced for water on most of the proposed lots, but not all of the new lots are currently separately serviced for water, and a number do not have boundary backflow prevention devices installed on the water connects to provide protection to council’s network from backflow. The Consents and Compliance Officer has provided a table of the existing situation and requirements for each lot, as follows:

New lot number(s)

Current Servicing Requirements for this subdivision consent

1, 2, 11, 13, 18, 22, 27, 29, 31, 33

Serviced for water; the connection has a water meter and backflow prevention device

None

3 Currently serviced for water through proposed lot 4

Any water connection that is supplying water to proposed lot 3 from proposed lot 4 must be cut and plugged at the new boundary between lots 3 and 4. If water is required for the buildings on proposed lot 3, a new water connection (with water meter and backflow prevention device) must be installed.

4 Serviced for water; the connection has a water meter and backflow prevention device

If the water connection for proposed lot 4 is supplying water to proposed lot 3 it must be cut and plugged at the new boundary between lots 3 & 4.

5 Serviced for water (3 connections); all connections have a water meter, but one (at vacant area opposite Bauchop St) does not have a backflow prevention device.

An RPZ backflow prevention device must be installed on the water connection that does not currently have one.

6 Serviced for water (2 connections); both connections have water meters, one has a backflow prevention device, the other (currently associated

An RPZ backflow prevention device must be installed on any water connection that does not currently have one.

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with 61 Ward St) does not.7, 8, 9, 14, 21, 23, 24, 26, 28, 30

Serviced for water; the connection has a water meter but no backflow prevention device.

An RPZ backflow prevention device must be installed on the water connection.

10, 16, 20 Serviced for water (2 connections); each has a water meter but neither have backflow prevention devices.

An RPZ backflow prevention device must be installed on each of the water connections.

12 Serviced for water (4 connections); all are metered but not all have backflow prevention devices.

An RPZ backflow prevention device must be installed on each of the water connections that does not have one.

15 Unserviced None17 Serviced for water; the 3 water

connections have water meters but no backflow prevention devices

An RPZ backflow prevention device must be installed on each of the water connections.

19 Serviced for water with a water connection in Mason St (unclear whether this is useable). This connection is unmetered.

The existing water service in Mason St must either have a water meter and RPZ backflow prevention device installed, or the water service to this lot must be removed completely by being cut and plugged at the Council watermain in Mason St.

25 Serviced for water; the 2 water connections have water meters but one has no backflow prevention device

An RPZ backflow prevention device must be installed on the water connection that does not have one.

32 Serviced for water; the connection has a water meter and backflow prevention device

Any water supply currently servicing the rear of the building (fronting Willis St and outside the boundaries of new lot 32) must be cut and plugged at the boundary of new lot 32. A new water connection must be installed to service the rear of the building outside new lot 32, if a water supply is required for this part of the building. A water meter and boundary RPZ backflow prevention device must be installed.

34 Serviced for water; the connection has a water meter and backflow prevention device

Any water supply currently servicing the rear of the building (fronting Willis St and outside the boundaries of new lot 34) must be cut and plugged at the boundary of new lot 34. A new water connection must be installed to service the rear of the building outside new lot 34, if a water supply is required for this part of the building.

It is required that each lot be serviced from an individual Point of Supply as defined by the Dunedin City Council Water Bylaw 2011. If any existing water supply pipes cross the new lot boundaries, the water supply pipe must be cut and plugged at the boundary between the new lots. All new water service connections required to provide a lot with a separate water service must be installed in accordance with the requirements of Section 6.6.2 of the Dunedin Code of Subdivision and Development 2010 and will be approved through the “Application For Water Supply” process.

A boundary RPZ backflow prevention device is required on all existing water connections that do not currently have one and on any new water connections installed as part of this subdivision. The boundary RPZ backflow prevention devices must be installed by a plumber, in accordance with the Code of Practice for Boundary Backflow Prevention (June 2013) and to the approval of the Education and Compliance Officer (Water), Water and Waste Services. Prior to installation of any device, the applicant must submit details of the proposed location of the device to the Education and Compliance Officer (Water), for approval.

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Private Drainage:The applicant’s agent has undertaken a properties search for all the new lots. It was found that each existing building was drained with both foul and stormwater drainage to Council services in the adjacent road reserve. There was also no record found of any private drain in commons. There are no private drainage requirements for this subdivision.

Easements:All rights will need to be reserved for any necessary easement required by this subdivision.

The Consent and Compliance Officer comments that there are three existing stormwater sewers – 900mm, and two of 1200mm diameter – within proposed Lot 5. Easements in gross are required over these stormwater sewers. Because of the depth of the mains and the large size of the pipes, the easement in gross must be at least 3.0m wide from the centre of the stormwater mains (on both sides of the pipe). The width of the required easement should be discussed further with the Asset Planning Engineer, Water and Waste Services Business Unit.

Summary

The Water and Waste Services Business Unit has no issues with the proposal subject to conditions consistent with the above matters.

4. Transportation (18.6.1(c) & 10.8.18)The Transportation Planner, Transportation, has considered the application. He notes that the purpose of the proposed subdivision is to match many of the existing lease boundaries with fee-simple titles, and that there is no new development proposed as part of this application.

Each site has legal frontage and existing physical access. The applicant explains that although they have not undertaken a detailed analysis of transportation provisions for each site, a cursory inspection indicates that the sites are largely compliant with Rule 10.2.2 of the District Plan. Where there is non-compliance, the applicant argues that as the existing operations will remain unchanged, and any additional transportation related effects would be minimal.

Given the context of the proposal, Transportation does not consider it necessary to assess each site in detail. The Transportation Planner is satisfied that there will be no change to existing operations within each site (presuming, of course, that each were legally established in the first place), and any resultant effects on the transportation network would therefore be minor, at most.

The Transportation Planner advises that in the event of any future development of the new sites, Transportation will assess the provisions for access, parking and manoeuvring at the time of resource consent or building consent application.

Overall, Transportation has no objection to consent being granted to the subdivision, as is proposed in the application.

5. Hazards (18.6.1(t))Council’s Consulting Engineer, MWH, has considered the application in relation to the Hazards Register, street files, and available aerial photography. The proposed subdivision will adjust property boundaries to better reflect current tenancy. No new construction is proposed for the new lots at this time.

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The general hazards across all of the properties include reclamation fill and associated potential amplified ground movements or liquefaction in a significant seismic event, as well as potential coastal inundation according to the Bacas report. The entire area is on reclaimed low-lying land in the industrial area.

While there is no proposal to develop the sites as part of this subdivision proposal, the Consulting Engineer notes that the existing hazards will impact on future development. There are general potential instabilities of concern associated with building on reclaimed land, and these will be addressed in the event that any building consent is required. However, the proposed subdivision will not create or exacerbate instabilities on this or adjacent properties.

MWH recommends that the consent not be declined on the basis of known hazards but advice be placed on consent to the following effect:

‘These properties are subject to natural hazards associated with reclaimed land, including potential amplified shaking or liquefaction in a significant seismic event. This part of Dunedin is subject to specific reports on potential coastal inundation. Any future development including a change of use, or increased density or construction may be subject to Building act requirements.

The Dunedin City Council Building Control Authority may require specific foundation design for any new structures. 

This specific design may require site investigation, potentially including dynamic cone testing to 10m depth to quantify the potential for liquefaction or lateral spread.

Minimum floor levels may apply to ensure that any development meets Building Act requirements to avoid potential inundation (including flooding, overland flow, storm surge, tidal effects, and ponding) on the land on which the building work is to be carried out or adjacent landowners property.

This proposed level must therefore address the potential for egress of water from the property via secondary flow paths, ensure that construction is not proposed in low-lying areas and that the path of storm water is not displaced from ephemeral flow paths into neighbouring properties.’

6. NES provisionsCouncil’s Consulting Engineer, MWH, has considered the matter of the HAIL status of the land and the subdivision proposal. He notes that the subdivision proposal is to redraw the boundaries of the existing lots so as to better reflect the lease boundaries. There is no intention as part of this proposal to change the land use or disturb the land form, and the subsurface will remain undisturbed. The Consulting Engineer comments:

‘In terms of the possible presence of contamination, the information obtained from Council records has been briefly summarised in the Paterson Pitts letter. It is clearly well short of the full spectrum of information requirements inherent in a formal Preliminary Site Investigation (PSI) report, but is still sufficient to make it clear that several of the subject land parcels have had historical activities occurring on them that establish their unequivocal categorisation as HAIL sites. This is enough to confirm that the NES applies to the proposed sub-division activity.

‘The issue is then to determine, based on the nature of the sub-division activity proposed to be undertaken, what aspects of the NES should apply to the proposal, whether it can be granted and, if so, what should be the status of consent for the proposed activity.’

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The Consulting Engineer notes that given there is no change in use or disturbance of the land is proposed, and that the effects on the environment will remain unchanged, the application can be granted as a discretionary activity under the NES.

The Consulting Engineer considers that a discretionary consent under the NES can be issued as part of the subdivision proposal. The consent should be limited to the redrawing of the boundaries about the existing occupation, and no disturbance of the land surface is mandated by this consent. Any future intention to change the land use or disturb the soils will required further consideration under the NES.

I note that the effect on this subdivision consent has been to tie all the HAIL assessments together so that individual lots may not, in fact, be HAIL sites although the this subdivision consent treats them as such. It is therefore possible that future changes in land use or disturbance of soils on some new lots will not trigger the NES, but it will still be necessary for Regulation 6 of the NES to be satisfied at that time.

7. Building ControlThe subject sites have a number of buildings which are built near to new boundaries. These would be required to be fire rated walls and would have to comply with requirements of the Building Code 2004. The purpose of the subdivision is to rationalise the land tenure with the occupation, so no new cross-boundary situations should result from the proposed subdivision.

8. Amenity Values (10.8.5)The land is zoned Industrial 1 and the amenity values associated with this zone are of more limited importance than found in the other zones. In this case, the proposed subdivision will not result in any physical changes to the occupation on the site, and will maintain the present level of amenity found on-site and in the surrounding area.

9. EarthworksNo new development is anticipated as a result of this subdivision. Should there be future works at any stage, this consent does not address any earthworks associated with the development of the new lots, or the formation of any new access, manoeuvring areas, or retaining walls (should any be required). Should future earthworks on-site breach the performance standards of Section 17 of the District Plan, further consent will be required. Land use consent will also be required for any structures, such as retaining walls supporting fill or surcharge, near to boundaries. Where the individual lot happens to be a HAIL site, any future earthworks are likely to require consent under the NES for disturbance of potentially contaminated soils.

CONSENT DECISIONThat pursuant to section 34A(1) and 104B, and after having regard to Part II matters and section 104 of the Resource Management Act 1991, and after having regard to the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011, the Dunedin City Council grants consent to an unrestricted discretionary activity being the subdivision of the land in CFRs OT2D/743, OT2D/744, OT2D/745, OT2D/746, OT17A/185, OT17A/186, OT393/177, OT396/162, OT2C/646, OT416/53, OT416/54, OT416/56, OT16C/819, OT2D/744, OT116/202, into 34 lots, subject to the conditions imposed under sections 108 and 220 of the Act, as shown on the attached certificate.

REASONSEffectsIn accordance with section 104 of the Resource Management Act 1991, the actual and potential adverse effects associated with the proposed subdivision have been assessed and are outlined above. It is considered that the proposed activity will have no more than minor adverse effects on the environment.

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District Plan – Objectives and PoliciesIn accordance with section 104(1)(b) of the Resource Management Act 1991, the objectives and policies of the District Plan were taken into account when assessing the application.

The proposal is considered to be consistent with the following objectives and policies:

Objective 4.2.1 and Policy 4.3.1 seek to maintain and enhance the amenity values of Dunedin.

Objective 10.2.2 and Policy 10.3.1 seek to manage in a sustainable manner the natural and physical resources of the Industrial Zone.

Objective 18.2.1, and Policy 18.3.1 seek to ensure that subdivision activity takes place in a coordinated and sustainable manner.

Objective 18.2.2 and Policy 18.3.5 seek to ensure that physical limitations are identified and taken into account at the time of subdivision activity.

Objective 20.2.4 and Policy 20.3.5 seek to ensure that any adverse effects on the safety of the transportation network from development are avoided, remedied or mitigated.

Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011In accordance with section 104(1)(b) of the Resource Management Act 1991, the provisions of the National Environmental Standard were taken into account when assessing the application. The proposal is considered to be consistent with the policy objective of the National Environmental Standard.

Part II MattersThe proposed activity has also been assessed in terms of Part II matters of the Resource Management Act 1991. For the reasons outlined above, the proposed activity is considered consistent with section 5(2)(c); “Avoiding, remedying, or mitigating any adverse effects of activities on the environment”, section 7(c) “The maintenance and enhancement of amenity values” and section 7(f) “The maintenance and enhancement of the quality of the environment.”

RIGHTS OF OBJECTIONIn accordance with section 357 of the Resource Management Act 1991, the consent holder may object to this decision or any condition within 15 working days of the decision being received, by applying in writing to the Dunedin City Council at the following address:

The Chief ExecutiveDunedin City Council P O Box 5045Dunedin 9058

Attn: Senior Planner- Enquiries Plaza, Ground Floor.

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Yours faithfully

Lianne DarbyPLANNER

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Consent Type: Subdivision

Consent Number: SUB-2014-149

Location of Activity: 20, 32, 36, 43, 44, 46, 62 & 66 Cresswell Street8, 10, & 12 Bombay Street2, 10 & 14 Tewsley Street47, 56, 59, 64, 68 & 72 Willis Street5, 11, 34 Mason Street7, 8, 12, 21, 25, 26, 28, 29, 35, 37, 41, 45, 47, 55, 57, 61, 63 & 69 Ward Street85 & 101 Fryatt StreetDunedin

Legal Description: The land in CFRs OT2D/743, OT2D/744, OT2D/745, OT2D/746, OT17A/185, OT17A/186, OT393/177, OT396/162, OT2C/646, OT416/53, OT416/54, OT416/56, OT16C/819, OT2D/744, and OT116/202.

Lapse Date: 25 November 2019, unless the consent has been given effect to before this date.

That pursuant to section 34A(1) and 104B, and after having regard to Part II matters and section 104 of the Resource Management Act 1991, and after having regard to the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011, the Dunedin City Council grants consent to an unrestricted discretionary activity being the subdivision of the land in CFRs OT2D/743, OT2D/744, OT2D/745, OT2D/746,OT17A/185, OT17A/186, OT393/177, OT396/162, OT2C/646, OT416/53, OT416/54, OT416/56, OT16C/819, OT2D/744, OT116/202, into 34 lots, subject to the conditions imposed under sections 108 and 220 of the Act, as follows:

1. The proposal shall be given effect to generally in accordance with the plan prepared by Paterson Pitts Group entitled, ‘Lots 1 to 34 being Subdivision of Land in the Industrial Precinct, Industrial Block I, J, M, N, O, P and Q,’ dated 24 October 2014, and the accompanying information submitted as part of SUB-2014-149received at Council on 28 October 2014, except where modified by the following:

2. That prior to certification of the survey plan pursuant to section 223 of the Resource Management Act 1991, the applicant shall ensure the following:

a) That if a requirement for any easement for services is incurred during the survey, then those easements shall be granted or reserved and included in a Memorandum of Easements.

b) That easements in gross shall be created over the three existing stormwater sewers located within new Lot 5, and shall be shown on the plan in a Memorandum of Easements in Gross. The easements in gross must be at least 3.0m wide on both sides fo the centre of the stormwater mains. The width of the required easements should be discussed further with the Asset Planning Engineer, Water and Waste Services Business Unit.

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3. Prior to certification pursuant to section 224(c) of the Resource Management Act 1991, the applicant shall complete the following:

a) That any existing shared water connections between any of the new lots shall be cut and plugged at the boundary between the respective lots.

b) That any existing shared water connection between new Lots 3 and 4 shall be cut and plugged at the boundary between proposed Lots 3 and 4.

c) Details of how new Lot 3 is to be served for water shall be supplied to the Water and Waste Services Business Unit. If a new water connection is required for Lot 3, an ‘Application for Water Supply’ shall be submitted to the Water and Waste Services Business Unit for approval. Details of how proposed Lot 3 is to be served for water shall accompany the application. Upon approval, the water service connection shall be installed in accordance with the requirements of Section 6.6.2 of the Dunedin Code of Subdivision and Development 2010. A water meter and boundary RPZ backflow prevention device must be installed on any new connection.

d) The existing water connection for new Lot 19 shall either have a water meter and boundary RPZ backflow prevention device installed, or the water service to this lot shall be removed completely by being cut and plugged at the Council watermain in Mason Street.

e) That any existing water connections shared between new Lot 32 and the northern part of the site fronting 47 Willis Street must be cut and plugged at the shared boundary. If a water supply is required for the northern part of the site outside proposed Lot 32, and ‘Application for Water Supply” shall be submitted to the Water and Waste Services Business Unit for approval. Details of how it is to be serviced for water shall accompany the application. Upon approval by the Water and Waste Services Business Unit, the water service connection shall be installed in accordance with the requirements of Section 6.6.2 of the Dunedin Code of Subdivision and Development 2010. A water meter and boundary RPZ backflow prevention device must be installed on any new connection.

f) That any existing shared water connection between new Lot 34 and the northern part of 59 Willis Street outside of the lot shall be cut and plugged at the shared boundary. If a water supply is required for the northern part of the property outside of new Lot 34, an ‘Application for Water Supply’ shall be submitted to the Water and Waste Services Business Unit for approval. Details of how it is to be serviced for water shall accompany the application. Upon approval by the Water and Waste Services Business Unit, the water service connection shall be installed in accordance with the requirements of Section 6.6.2 of the Dunedin Code of Subdivision and Development 2010. A water meter and boundary RPZ backflow prevention device must be installed on any new connection.

g) A boundary RPZ backflow prevention device shall be installed on all water connections within the subdivision that do not currently have a backflow prevention device. Those specifically identified as requiring backflow prevention devices are new Lots 5 to 10, 12, 14, 16, 17, 19 (if a connection is required), 20, 21, 23-26, 28 and 30. Prior to installation of any boundary RPZ backflow prevention device, the consent holder shall submit details of the proposed location of the device the Education and Compliance Officer (Water), Water and Waste Services Business Unit, for approval.

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h) All backflow prevention devices shall be installed in accordance with the code of Practice for Boundary Backflow Prevention (June 2013), and once installed must be inspected and approved by the Education and Compliance Officer (Water), Water and Waste Services Business Unit.

Advice Notes:1. In addition to the conditions of a resource consent, the Resource Management Act

establishes through sections 16 and 17 a duty for all persons to avoid unreasonable noise, and to avoid, remedy or mitigate any adverse effect created from an activity they undertake.

2. The lapse period specified above may be extended on application to the Council pursuant to section 125 of the Resource Management Act 1991.

3. It is the consent holder’s responsibility to comply with any conditions imposed on their resource consent prior to and during (as applicable) exercising the resource consent. Failure to comply with the conditions may result in prosecution, the penalties for which are outlined in section 339 of the Resource Management Act 1991.

4. All aspects of the proposal relating to the availability of water for fire-fighting must be in accordance with SNZ PAS 4509:2008, being the Fire Service Code of Practice for Fire Fighting Water Supplies, unless otherwise approved by the New Zealand Fire Service.

5. Parts 4, 5 and 6 (Stormwater Drainage, Wastewater and Water Supply) of the Dunedin Code of Subdivision and Development 2010 must be complied with.

6. This consent does not address any earthworks for this subdivision associated with the development or redevelopment of the new lots, or the formation of any new access, manoeuvring areas, or retaining walls (should any be required). Should future earthworks on-site breach the performance standards of Section 17 of the District Plan, further consent will be required. Land use consent will also be required for any structures, such as retaining walls supporting fill or surcharge, near to boundaries.

7. As some of the subject sites are HAIL sites, there will need to be a reassessment under the provisions of the NES of the residual risk associated with the historic potential contamination of the soils at the time of any future development where there is disturbance of soils, or where there is a change of use. This consent allows for the subdivision of a HAIL site only.

8. Section 116 of the Building Act 2004 will apply to any development on the new lots. The proposed subdivision could possibly make the existing buildings non-compliant for fire rating where there are non-fire rated walls within 1m of the new boundary. It is the property owner’s responsibility to attend to this matter.

9. The new lots are on low-lying reclaimed land. Specific foundation design may be required for any new buildings constructed on this land. This may require site investigation, potentially including dynamic cone testing to 10m depth to quantify the potential for liquefaction. There could also be minimum floor levels specified to meet Building Act 2004 requirements to avoid potential inundation (including flooding, overland flow, storm surge, tidal effects, and ponding) on the land on which the building works is to be carried out or adjacent landowners’ property. The proposed level must therefore address the potential for egress of water from the property via secondary flow paths, ensure that construction is not proposed in low-lying areas and that the path of stormwater is not displaced form ephemeral flow paths into neighbouring properties.

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10. It is advised that the provision for access, parking and manoeuvring for any further development or redevelopment of the new lots will be assessed at the time of resource consent or building consent application.

Issued at Dunedin this 25 November 2014.

Lianne DarbyPlanner

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COPY OF PLAN: Not to Scale.

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