Decision on notification of an application to
vary conditions of a resource consent
under section 127 of the Resource
Management Act 1991
Application number:
LUC60104363-D
Consent holder:
Wilberforce (Sale Street) Limited
Site address:
LUC60104363 (R/LUC/2015/2748)
Legal description:
70 Sale Street, Auckland Central
Proposal:
To change Condition 5A, cancel Condition 57, and impose three new conditions to enable
changes to the approved building including increasing the gross floor area (GFA) of the building
from 7,795m2 to 7,879m2 (84m2), alterations to building design, approved parking and berm
landscaping, and removal of the loading zone within the building and replacement with an on-
street loading bay, and removal of vehicle crossing servicing 68 Sale Street.
Decision
I have read the application, supporting documents, and the report and recommendations on the
application to cancel, change and vary the conditions of an existing land use resource consent. I
am satisfied that I have sufficient information to consider the matters required by the Resource
Management Act 1991 (RMA) and make a decision under delegated authority on notification.
Public notification
Under section 95A of the RMA this application shall proceed without public notification because:
1. Under step 1, public notification is not mandatory as:
a. the applicant has not requested it
b. there are no outstanding or refused requests for further information, and
c. the application does not involve any exchange of recreation reserve land under s15AA
of the Reserves Act 1977.
2. Under step 2, public notification is not precluded as:
a. there is no rule or NES that specifically precludes public notification of the activities,
and
b. the application is for an activity other than those specified in s95A(5)(b).
3. Under step 3, public notification is not required as:
a. the application is for an activity that is not subject to a rule that specifically requires it,
and
b. the adverse effects on the environment as a result of the changes will be no more than
minor because:
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i.
The proposed planter box removal will only affect the visual appearance of the
building’s northern elevation, and the balustrade changes are internal and not
visible from the surrounding streetscape.
ii.
The additional GFA of 84m2 is limited to the ground level of the site, due to the
proposed retail changes, and will not result in any changes to the overall bulk or
adverse effects in terms of dominance and shading.
iii.
In terms of pedestrian amenity, the works involve waste servicing from the street
as, due to detailed design changes, the basement clearance height from Sale
Street is reduced to 2.2m, and waste collection vehicles will no longer be able to
access the basement. Any consequent adverse effects will be temporary and no
more than minor as bins will only be placed along Sale Street for collection on
rubbish collection days. In addition, the applicant’s waste management plan
outlines who will be responsible for managing the bins, how waste will be
collected, and the frequency and times of waste collections.
iv.
The proposed changes to parking layout (in terms of number of spaces and
internal vehicle manoeuvring) are contained within the site’s basement, ground
floor and first floor levels, and will not adversely affect the wider traffic network.
The proposed changes to the building’s parking levels generally meet the AUP
(OP)’s requirements for regular user car parking spaces, with the exception of the
small carparking space labelled as ‘Small CP 1.01’ on the first floor, which does
not comply. This space will be clearly identified as a parking space for small cars
only (no longer than 3.84m), with a covenant on the title of the parent lot or future
primary unit to clearly indicate that this space is to be used as a small carparking
space only.
v.
Although the gradients of the Sale Street and Cook Street vehicle accesses do not
comply with the AUP(OP)’s requirements, the proposed gradient changes are less
steep than those consented under the original resource consent.
vi.
Any adverse effects from the proposed loading shortfall within the building are
proposed to be mitigated through a new on-street loading zone. The loading zone
will be used outside of peak traffic hours and, as noted in the AEE, there is a 3m
clearance between the centre line of the road and the edge of the loading space,
which allows cars to pass stationary trucks without conflict with eastbound traffic.
In addition, traffic speeds and volumes along Sale Street are relatively low,
particularly east bound in front of the site where traffic comes off Union Street.
4. Under step 4, there are no special circumstances that warrant the application being publicly
notified because there is nothing exceptional or unusual about the application, and the
proposal has nothing out of the ordinary run of things to suggest that public notification
should occur.
Limited notification
Under section 95B of the RMA this application shall proceed with limited notification because:
1. Under step 1, limited notification is not mandatory as:
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a. there are no protected customary rights groups or customary marine title groups
affected by this proposal, and
b. no persons to whom a statutory acknowledgement is made is adversely affected by this
proposal.
2. Under step 2, limited notification is not precluded as:
a. there is no rule or NES that specifically precludes limited notification of the activities,
and
b. the application is for an activity other than those specified in s95B(6)(b).
3. Under step 3, limited notification is required as:
a. while this application is not for a boundary activity or prescribed activity,
b. there are persons adversely affected by the changes, specifically because:
i.
while the proposed absence of any on-site loading space will not impact on traffic
operation or movements along Sale Street for any persons, as the loading zone
will be utilised outside of peak hours to minimise or avoid traffic conflicts, the
proposed loading zone location within the road reserve (which has been selected
in consultation with Auckland Transport, the road network authority) has the
potential to affect access to the adjacent property at 68 Sale Street. The proposed
works involve the removal of the existing vehicle crossing adjacent to 68 Sale
Street. While the application indicates that this vehicle crossing is not legal, and
the proposed reinstatement of kerb and channel is positive for pedestrians, no
evidence is provided in support of that contention and no consultation is recorded
with the owners of 68 Sale Street regarding the location of the proposed loading
zone. As such those persons must be deemed affected to at least a minor extent.
4. Under step 4, there are no special circumstances that warrant the application being limited
notified to any persons because there is nothing exceptional or unusual about the
application, and the proposal has nothing out of the ordinary run of things to suggest that
notification to any other persons should occur. Per s127(4)(a) of the RMA, the original
consent was processed on a non-notified basis.
Accordingly, this application shall proceed on a
LIMITED NOTIFIED basis to the
owners/occupiers of 68 Sale Street.
David Hill
Duty Commissioner
5 July 2018
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