Supplementary Statement of Evidence of Robert James Pryor

Before the Environment Court at Auckland ENV-2013-AKL-000174

In the Matter

And

In the Matter

of the Resource Management Act 1991

of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf

Supplementary Statement of Evidence of Robert James Pryor

on behalf of Waiheke Marinas Ltd Dated 22 June 2015

Richard Brabant/Jeremy Brabant Barristers

Broker House, Level 2, 14 Vulcan Lane PO Box 1502, Shortland St

Auckland City Ph: 093096665 Fax: 09 3096667

Email: [email protected]/[email protected]

Introduction

1 . My full name is Robert James pryor. My qualifications and experience are set out

in my Evidence in Chief, dated 29 April 2014.

2. I confirm that I have reviewed, and agree to comply with, the Code of Conduct

for Expert Witnesses set out in the Environment Court's Practice Note (2014).

3. I prepared a Statement of Evidence in April 2014 and Statement of Rebuttal

Evidence in September 2014. I presented evidence to the Environment Court in

October 2014. My earlier statements of evidence detail my involvement with this

project. I note I have undertaken further visits to the site and surrounds since

presenting evidence in October 2014, most recently on 14 June 2015.

4. I have provided design advice to Waiheke Marinas Ltd in relation to the

amended design in order to further reduce potential adverse landscape and

visual effects ofthe proposal.

Scope of Evidence

5. This supplementary evidence describes the proposed amended marina design

and parking deck and assesses the landscape, natural character and visual

amenity effects of the proposal on the surrounding area.

6. My EIC described the existing landscape character of the site and locality and

identified the key landscape and seascape features of the area, and therefore

will not be repeated in this evidence 1.

7. My evidence will address the following:

a. Description of the proposed amended marina design and parking deck;

b. Evaluation of the landscape, visual, amenity and natural character effects;

and

c. Conclusions.

1 EIC Pryor, paras 18 - 35

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The Amended Marina with Parking Deck

8. The initial proposal has been fully described within the application. Essentially the

amended proposal involves the construction of a 112-berth marina in the

northeastern corner of Matiatia Bay adjacent to the existing ferry terminal and

wharf. The key visual components of the marina (as amended) are:

a. marina of approximately 112 berths;

b. primary armour rock breakwater approximately 130m long with piled end

panels for additional wave protection, with pedestrian footpath accessing a

viewing platform at the southern end;

c. secondary armour rock breakwater approximately 75m long to the

northwest of the primary rock breakwater;

d. 4m wide southern access pier that also acts as a wave attenuator

e. four. 2m wide internal piers (A-D) with 1 m wide finger jetties;

f. 110 sleeved piles (ranging between 250mm and 600mm diameter);

g. low-level security lighting;

h. navigation markers;

i. 13 pile moorings (12 craft);

j. piled deck with car parking and public amenity areas;

k. 4m wide timber decked promenade along the seaward (western) edge of

the parking deck;

I. timber viewing platform; and

m. floating marina office with dinghy racks.

9. Figure 140 illustrates the amended marina layout and compares the original

proposal with the amended design.

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Key Visual Changes

10. The amended proposal has incorporated a number of design initiatives to further

reduce the landscape and visual effects of the marina and parking deck.

11. The breakwaters have been reduced in length and curved to soften their

appearance, reduce their engineered characteristics and to replicate the more

organic and natural shapes within Matiatia Bay. The visible outer armouring of the

breakwaters and the 1.5m wide footpath extending along the primary

breakwater will be as previously proposed.2

12. The reduction in size of the marina results in a more significant separation

between the berthed vessels and the coastal edge and foreshore.

13. The amended design has reduced the length of the piers and pulled them away

from the foreshore which has retained the more open nature of the inner bay and

beach adjoining Matietie Reserve.

14. The reduced size of the marina has reduced the 'spread' of built development

across the bay when viewed from the beach and foreshore adjoining Matietie

Reserve.

15. The proposed car parking deck with timber decking has been designed in

keeping with the form and scale of the adjoining wharves. The deck is also

physically separated from the rocky foreshore and the vehicles will be screened

from view for those accessing the foreshore adjoining Matietie Reserve. A

comparison of the deck dimensions with the previously proposed reclamation is

shown in Figures 144 and 146. The design features of the parking deck are

outlined below.

Landscape Design Initiatives

Parking Deck

16. A number of landscape design initiatives have been incorporated into the

amended marina proposal as illustrated in Figure 147 - Parking Deck Materials.

Essentially the parking deck has been designed in keeping with the surrounding

wharves.

2 EIC Pryor, paras 12 - 14

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17. A 4 metre wide timber decked promenade extends along the seaward side of

the parking deck providing safe unimpeded pedestrian access to the marina and

viewing platform at the northern end. Wide timber and corten steel seating

benches are located towards the rear of the promenade enabling views out

across the marina. Timber and steel hand railing extends along the edge of the

promenade.

18. At the northern end of the promenade is the 3 metre wide timber platform which

wraps around the western and northern end of the deck. This is stepped down

350mm from the deck, via a 400mm wide step, allowing a closer interaction with

the water and physical separation from the deck. The timber piles extend above

the deck level in a similar nature to the piles on the adjacent old wharf. The

platform provides unobstructed views towards the Matietie Reserve, enables

fishing and incorporates ladder access/egress into the water for swimming.

19. While the parking deck construction requires concrete precast panel

construction, hardwood timber plank 'insets' are proposed to visually soften the

deck and enhance the maritime characteristics.

20. Vertical timber battens extend along the landward side of the parking deck to a

height of 1.25 metres. These will provide a visual screen/buffer to the parked cars

for recreational users of the foreshore in the vicinity while still allowing a good level

of light penetration and interplay of light and shadow.

21 . Planting has been kept to a minimum in keeping with the wharf characteristics. A

raised corten steel planter is located to the west of the main access with a

specimen pohutukawa (Metrosideros exce/sa) under planted with the hardy

coastal pohuehue (Mueh/enbeckia comp/exa) groundcover.

Breakwaters

22. The breakwaters are now to be constructed with rocks that are less uniform in size,

with larger rocks used to provide some differential form to the top level of the

breakwaters in particular. This will be more in keeping with the natural foreshore

and rocky coastline characteristics.

Floating Office

23. The proposed floating office design has been revised (within the envelope of the

previous proposed structure), to achieve a more architectural form. The

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architectural design of the building with sloping roof form, use of timber and

extensive areas of glazing has resulted in a visually pleasing building with reduced

bulk, form and scale .

. Evaluation of the Proposal

24. I consider the potential landscape, visual. amenity and natural character effects

of the Project as they relate to the RMA to be:

a. Effects on the natural character of the coastal environment: s6(a);

b. Effects on amenity values: s7(c); and

c. Effects on the quality of the environment: s7(f).

Visual Effects, the Visual Catchment and Viewing Audience

25. I have adopted the same approach as that previously used to assess the

application prior to the latest revision.3

26. With respect to this revised proposal, five public viewpoints and three private

viewpoints have been identified from which the landscape and visual effects

have been assessed. This is achieved by using both descriptive and analytical

means. The viewpoints were selected as locations that in my opinion capture and

fairly represent the range of public and private views towards the proposed

marina. Four of the viewpoints are the same as previously assessed with four new

viewpoints being selected following feedback from the earlier hearing.

27. The assessment is from each of the following viewpoints:

Viewpoint 1: Matiatia Bay - Auckland Ferry (new) (Fig. 158)

Viewpoint 3: Northwestern Slopes - private residence (Figs. 159 - 160)

Viewpoint 4: Foreshore adjoining Matietie Historic Reserve (Figs. 161 - 162)

Viewpoint 5: Northern Slopes - private residence (Figs. 163 - 164)

Viewpoint 8: Old Wharf (new) (Figs. 165 - 166)

Viewpoint 9: Old Wharf (new) (Figs. 167 - 168)

Viewpoint 10: Alexander Residence (previously Magee) (Figs. 169)

Viewpoint 11: Seat on Southern Slopes (new) (Figs. 170 - 171 )

3 EIC Pryor, Paras 37 - 43

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28. As previously. photographs have been taken and visual simulations prepared by

Buildmedia from the viewpoints at both high and low tides. A detailed assessment

and analysis of the potential landscape and visual effects of the development

has been carried out using a Visual Effects Matrix (score sheet) that ensures that

each view and changes within each view are evaluated thoroughly and

consistently.

29. The key factors contained in that matrix. an explanation of the level of effect. and

a description of the five-point scale used to rate effects were set out in my EIC.4

Analysis of Results

30. The following summaries describe the implications that the amended marina

development has for each of the viewpoints. In so doing they touch on key

findings in the matrix analysis and the implications that these might have for areas

and audiences in close proximity to any given viewpoint.

Viewpoint 1: Matiatia Bay - Auckland Ferry (Figure 158)

31 . Viewpoint 1 is taken from the ferry entering into Matiatia Bay looking in a

northeasterly direction towards the site. This view is closer to the marina than

previously assessed. In my EIC I stated this is a public view. which in the context of

the island would be experienced by relatively high numbers of people. both local

residents and visitors who access the island by ferries and other vessels using the

Matiatia Bay wharf. It is also indicative of the views of recreational boa ties in the

bay.

32. My assessments in paragraphs 52 - 55 remain valid. subject to the following

additional comments:

a. The amended design has reduced the length of the breakwater and

curved it to appear more characteristic of the rocky embayments in the

surrounding area;

b. The coastal edge and beach adjoining Matietie Reserve is clearly visible

beyond the masts. In comparison to the previous design. the reduced

size of the marina results in more significant separation between the

vessels and the coastal edge and beach.

4 EIC Pryor, Paras 47 - 49

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c. The deck is viewed in profile from this viewpoint. There is a similarity

between its visual characteristics and those of the existing wharves.

33. In my opinion the landscape and visual effects will be moderate in the context of

the surrounding coastal environment due to the close proximity of the viewer to

the marina. From here however, the modified characteristics of the transport hub

are also highly visible with the ferry terminal, wharves and car parking area. The

marina will be viewed within this highly modified maritime context and would not

appear incongruous.

Viewpoint 3: Northwestern slopes - private residence (Figures 159 - 160)

34. This perspective is taken from the northwestern slopes above Matiatia Bay from a

private viewing location at 10 Allan Murray Lane looking east. The view extends

across the bay towards Matietie Reserve, the ferry terminal and public car park

accessed off Ocean View Road. Views are not gained from the residential

dwelling which is located on the northern side of the ridgeline and orientated to

the north.

35. My assessments in EIC paragraphs 59 - 60 remain valid, subject to the following


a. The amended design has reduced the length of the piers and size of the

marina which has retained the more open nature of the inner bay and

beach adjoining Matietie Reserve;

b. The amended design has reduced the length of the breakwater and

curved it to appear more characteristic of the embayments in the

surrounding area; and

c. The reduced size of the marina results in a more significant separation

between the vessels and the coastal edge and beach, which is

notic"eable from this elevated viewpoint.

36. The marina will not adversely affect the more natural characteristics and

appearance of Matiatia towards the outer or western end of the bay. From this

viewpoint the visual and landscape effects of the marina will be moderate.

Viewpoint 4: Foreshore adjoining Matietie Historic Reserve (Figures 161 - 162)

37. This closer view is from the foreshore in front of the Matietie Historic Reserve looking

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south. The existing wharves, ferry terminal building and boats on the swing

moorings form a dominant element in the view beyond which are the vegetated

southern slopes with residential settlement extending into the skyline.



a. The reduced size of the marina results in more significant separation

between the vessels and the coastal edge and beach;

b. The amended design has reduced the length of the piers and size of the



c. The reduced size of the marina has reduced the 'spread' of built

development across the bay;

d. The amended design has reduced the length of the breakwater and

curved it to appear more characteristic of the embayments in the

surrounding area; and

e. The proposed car parking deck with timber decking will appear similar to

the existing wharf structures. From the foreshore the deck would be

viewed elevated above the water with the rocky coastal edge visible

beyond.

39. In comparison to the earlier design, the reduction in vessel density is noticeable

from this viewpoint. The shortening of the innermost pier results in some real

separation between the viewer and vessels on that pier, whilst removal of the

innermost line of pile moorings has opened views over clear water up the northern

shoreline toward the headland to the south of the entrance to the Bay.

40. The marina will integrate into the maritime setting without detracting significantly

from the appreciation of the seascape. From the foreshore the open expanse of

the inner bay and water area is retained to a large degree. Overall, the

landscape and visual effects will be low-moderate from the foreshore.

Viewpoint 5: Northern slopes (Figures 163 - 164)

41. This view is from a more elevated private viewing location at 122 Delamore Drive

on the northern slopes above the foreshore adjoining Matietie Reserve. It is taken

9

from the lower grassed area of the property, with the dwelling itself being located

on the higher slopes.

42. Again from this elevated viewing location the existing wharves and ferry terminal

building are a dominant built element in the view with the coastal hills extending

up behind. The view extends across the bay towards the entrance and out into

the Gulf beyond. The boats on the swing moorings reinforce the recreational

marine attributes within the sheltered waters of the inner bay.

43. The viewing audience from here is restricted to the private residential property.

While the marina will be highly visible from here, the visibility of a development in

the landscape does not constitute an adverse effect in itself. The visibility of a

development may result in adverse effects in terms of amenity and appreciation

of the landscape values if the development detracts from the qualities that would

be viewed or experienced. I consider that while the marina will be highly visible

from here, viewed in the context of the existing maritime environment, it will not

adversely affect the visual amenity and landscape values.



a. The reduced size of the marina results in more significant separation

between the vessels and the coastal edge and beach;

b. The amended design has reduced the length of the piers and size of the



c. The reduced size of the marina has reduced the 'spread' of built

development across the bay; and

d. The proposed car parking deck with timber decking will appear similar to

the existing wharf structures in the view and will not appear out of

context.

45. The elevated nature of this viewpoint means that the increased open water

space areas can be particularly appreciated.

46. In cognisance of the above, the marina will reinforce the working characteristics

of the eastern end of the bay without detracting significantly from the

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appreciation of the wider landscape and seascape. Overall, the visual effects

will be moderate from this private viewing location. The marina will be viewed in

association with the existing ferry terminal and wharves and the prevailing marine

related activities in the locality.

Viewpoint 8: Old Wharf - Left (Figures 165 - 166)

47. This new viewpoint is that seen from the old wharf looking in a westerly direction

towards the western end and entrance into the bay, and is indicative of the view

of commercial and recreational users of the old wharf. This is one of the closest

viewing locations to the proposed marina.

48. The existing view extends across the waters of the inner bay towards the enclosing

coastal hills rising up from the bay. Not visible in the photograph, but highly visible

in the wider panorama obtained from here is the ferry terminal and wharf

immediately to the left of the photograph. As the main arrival point and transport

terminal for Waiheke Island, this area is a constant hub of activity.

49. As illustrated in the visual simUlation, the marina will be viewed sitting prominently

in the foreground, backdropped by the coastal hills. The piles, piers and moored

vessels will be highly visible, the breakwaters less so being screened behind the

boats. Views across the bay and out towards the entrance will be retained as

well as a good expanse of open water.

50. In the context of the existing coastal environment and the proximity of the marina

to the ferry terminal and wharves, the proposed marina will not appear out of

place. This is a coastal environment characterised by boats and ferries entering

and departing the bay. The eastern end of the bay is the gateway to Matiatia

and departure point for Auckland. I consider that in this context the marina is an

appropriate use and activity in this location.

51. Overall, the landscape and visual effects will be moderate from this location on

the old wharf.

Viewpoint 9: Old Wharf - Right (Figures 167 - 168)

52. This new close view is that seen from the old wharf looking in a northerly direction

towards the foreshore and Matietie Reserve. Again, similar to the previous

viewpoint, the ferry terminal, wharf and associated infrastructure and high level of

activity are not visible in the photograph, however are located in very close

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proximity to the right of the view.

53. From here the marina will be viewed prominently in the foreground, again

backdropped by the coastal hills. The piles, piers and moored vessels will be

highly visible however from this viewing angle the breakwaters will not.· The

parking deck and promenade will be seen against the vegetated slopes.

54. The parking deck piles are seen in the context of the old wharf piles in the

foreground which provides a visual link between the structures.

55. While views towards the foreshore and beach will be obscured, particularly at

high tide, the context of the scene and level of activity within the surrounding

area need to be taken into consideration. The view is from the old wharf which is

utilised for boat berthage, freight unloading, vehicle movements, coastguard

activities and public recreational use. Immediately adjoining the wharf is the ferry

terminal and wharf and bus terminal with very high levels of activity all times

throughout the day and evening.

56. As for the previous viewpoint from the old wharf, I consider that in this context the

marina is an entirely appropriate use and activity in this location. Again from here

in the context of the surrounding environment the visual and landscape effects

will be moderate. The marina will reinforce and complement the 'gateway'

characteristics of Matiatia at this highly modified head of the bay.

Viewpoint 10: Alexander residence - 89 Nick Johnstone Drive (Figure 169)

57. This distant viewpoint is taken from the Alexander residence at 89 Nick Johnstone

Drive looking in a northwesterly direction across the bay. The view extends across

the bay towards the northern and eastern slopes and beyond to the Hauraki Gulf

Islands. The ferry terminal and wharves are clearly visible built elements in the

foreground.



a. The amended design has reduced the size of the marina which has

retained the more open nature of the inner bay and beach adjoining

Matietie Reserve; and

b. The amended design has reduced the length of the breakwaters and

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curved them to appear more characteristic of the embayments in the

surrounding area.

59. From this elevated viewpoint the shortened Pier A and smaller deck result in a

clear separation between the marina and the foreshore and beach.

60. While there will be change in the view, marinas are an integral part of the coastal

landscape and in the context of the surrounding environment and wider and

extensive panoramic views, the visual and landscape effects will be low from this

viewpoint.

Viewpoint 11: The Seat (Figures 170 - 171)

61. This new viewpoint is taken from the seat beside the coastal walkway to Church

Bay, just below the residence at 139 Nick Johnstone Drive looking in a

northeasterly direction across the bay. Again from here the view is expansive and

elevated, extending across Matiatia Bay towards the ferry terminal and wharves,

the northern and eastern slopes and out to the Hauraki Gulf and islands.

62. Similarly to the previous viewpoint the view has a high level of landscape amenity

due to its elevation and the wide panoramic views experienced. The

landscape/seascape views are diverse from here and the marina site has a good

visual absorption capability due to the characteristics of the coastal edge,

contrasting landform and vegetation patterns, dynamic characteristics of the sea

surface and viewing angle. The modified characteristics of the ferry terminal and

wharves, car parking area and the residential settlement pattern are apparent

from here.

63. The visual sensitivity of the view from here is moderate - the viewing audience are

at an elevated angle and largely comprised of recreational users of the walkway

who could be anticipated to have a relatively high expectation for visual amenity

in this coastal area. This is tempered however by the relatively high capacity for

the view to accommodate change as a result of existing development, activity

and modification to the coastal edge.

64. The shoreline and landform against which the marina will be viewed are

characterised by the indented coastline, revegetated slopes, areas of pasture

and the residential settlement pattern on the slopes above. The climatic

variations are also apparent when comparing the high and low tide visualisations.

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65. From here the marina will comprise only a small portion of the wider panoramic

and extensive view and will be seen tucked into the base of the northern slopes.

While it will increase the modified characteristics of the bay, it will not be visually

intrusive. The bay is already modified and marinas are an integral component of

coastal seascapes. The transport hub and associated built development, existing

ferry terminal, wharves and car parking areas reinforce the working characteristics

of the bay and the marina will fit comfortably into this setting.

66. Again from here in the context of the surrounding coastal environment the visual

and landscape effects will be low.

Natural Character Effects and Amenity Effects

67. In relation to effects on natural character and amenity effects, my conclusions

outlined in EIC paragraphs 97 to 115 remain unchanged in that I consider that

overall the marina will have low adverse effects on the natural character and

amenity values of the Matiatia Bay environment. The amendments to the marina

have reduced the level of adverse effects which will be experienced by

reference to the original proposal.

Night-time Effects

68. In cognisance of the existing night-time lighting levels within the bay and low

illumination levels associated with the proposal, the marina would have minimal

cumulative effects. The amendments have further reduced the level of lighting

relating to car parking.

Conclusions

69. My conclusions in EIC paragraphs 178 - 182 remain valid, subject to the following

additional comments.

a. The amended design has reduced the size of the marina which results in a

more significant separation between the vessels and the coastal edge. This

retains the more open nature and expanse of water of the inner bay and


b. The amended design has reduced the length of the breakwaters and

curved them to appear more characteristic of the rocky embayments in the

surrounding area;

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c. The smaller size of the marina has reduced the 'spread' of built

development across the bay;

d. The shortening of the innermost pier and the removal of the innermost line of

pile moorings has opened up views over clear water up the northern

shoreline towards the headland to the south of the entrance to the Bay

when viewed from the beach and foreshore adjoining Matietie Reserve;

e. The proposed car parking deck with timber decking will appear similar to

the existing wharf structures in the view and will not appear out of context;

and

f. The parking deck piles will be seen in the context of the old wharf piles

which provides a visual link between the structures.

70. I therefore remain of the opinion that in the context of the established maritime

environment the marina can be visually accommodated without adversely

affecting the natural character, aesthetic value and integrity of the coastal

environment.

Robert Pryor

Date: 22 June 2015

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Documents

Supplementary Statement of Evidence of Robert James Pryor