Decision on notification of an application
for resource consent under the Resource
Management Act 1991
Discretionary activity
Application number:
R/LUC/2016/2140
Applicant:
Auckland Council – Community Facilities
Site address:
12R Milano Boulevard, Hingaia
Legal description:
Lot 707 DP 393795 (Identifier: 401418)
Proposal:
To establish and operate a children’s playground on land gazetted as a recreation reserve
under the Reserves Act 1977 and zoned
“Reserve” under the Operative Plan, which
involves 247m3 of earthworks over a land area of 625m2.
The resource consents required are:
Auckland Council District Plan 1999 (Papakura Section)
• Resource consent is required for a
controlled activity under Section Three, Rule 2.10.1.1
of the District Plan to undertake earthworks that exceeds a volume of 50m3.
• Resource consent is required for a
discretionary activity under Section Three, Rule
8.8.2.3 of the District Plan to establish a playground activity that will result in noise that is
predicted to exceed the night time limit (applied between the hours of 2200 and 0900), of 40
dBA L10 at the nearest property boundary with residential zoning.
Proposed Auckland Unitary Plan 2013 (PAUP)
• Resource consent is required for a
restricted-discretionary activity under Rule 3H.4.4.2
of the PAUP to undertake earthworks that exceed a land area of 501m2.
Decision
I have read the application, supporting documents, and the report and recommendations on the
consent application. 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. The adverse effects on the environment will be no more than minor because:
• Noise levels predicted from the likely number of children that are expected to be
playing at the playground will be generally similar to the recorded ambient noise
levels. The applicant’s acoustic engineer is of the opinion that the change from the
R/LUC/2016/2140 – 12R Milano Boulevard, Hingaia
Page 1
existing noise environment to when children are playing within the playground will be
“negligible to just noticeable.”
• Children’s voices are part of the ambient noise environment of a residential area.
Noise experienced at the front boundary of nearby residential properties, and arising
from children playing at the playground, will generally be within the District Plan’s
noise limit for activities occurring within the Residential 9 zone, being 45 dBA L10,
0700 to 1800, Monday to Friday and Saturday 0800 to 1200. The limit of 45 dBA L10
is intended to maintain a reasonable standard of amenity for residential sites and is
also more-or-less in accord with the measured ambient noise levels.
• Noise from up to 10 children playing at the playground is expected to comply with
the daytime noise standards at the front boundary of all adjacent properties between
the hours of 0900 and 2200.
• The playground has been designed for pre-school children and will have no lighting,
and therefore it is unlikely to be used late at night or very early in the morning when
the owners/ occupants of adjacent properties are likely to be affected by noise
interrupting sleep. For that reason, the noise assessment that the night time noise
limit may be potentially exceeded by a small amount is unlikely to result in any
adverse noise effects.
• The primary outdoor areas for the adjacent residential properties are located to the
rear of the property, behind dwellings. Dwellings are generally located a further 5m
from the road boundary. The front yards of properties that are identified as being
adjacent to the site, are not a part of the site that is likely to be used for residents
enjoyment prior to 0900 hours.
2. There is no district or regional rule or national environment standard that requires public
notification and the applicant has not requested it.
3. Having regard to the general discretion to notify under section 95A(1) and the special
circumstances discretion under section 95A(4), I find there are no relevant reasons to
warrant public notification. The reserve forms part of a developing residential area where
the future needs of the residents can reasonably be anticipated to include access to publicly
provided play areas for children. It should be reasonably anticipated by any residents, both
existing and future, that a local reserve will be used by a range of people and that some
noise will be generated at different times of the day. The proposed activities are permitted
under the reserve zoning rules and overall the proposal cannot be seen as unusual or out
of the ordinary given the reserve status of the land and the nature of the proposed use in
relation to supporting recreational activities providing for the surrounding residential area.
Other informal recreation uses are not precluded by the proposal.
Limited notification
Under section 95B of the RMA this application shall proceed without limited notification
because:
1. There are no adversely affected persons because:
• The adverse effects relating to the construction and earthworks periods will be
temporary and can be managed to mitigate adverse effects. The site is surrounded by
R/LUC/2016/2140 – 12R Milano Boulevard, Hingaia
Page 2
public roads and it is anticipated that private property is unlikely to be affected by
waterborne sediment should the erosion and sediment control measures fail.
• The proposal will have a less than minor adverse effect upon the outlook of the owners
and occupiers of adjacent properties because all of the equipment will be less than
3.5m in height and the playground will occupy less than a third of the reserve. The
balance of the reserve will not be modified by this proposal. Furthermore, there are no
identified or protected view shafts across the reserve.
• Noise from the expected number of children playing on the playground is predicted to
comply with the District Plan (reserve zoning) noise limit of 50 dBA L10 that applies
between 0900 and 2200 hours, seven days a week. Few, if any, children are expected
to use the playground prior to 0900 hours or after 2200 hours when the lower District
Plan limit of 40 dBA L10 applies and accordingly noise is expected to be in general
accord with the measured ambient noise level even though slight infringements of the
40 dBA L10 standard have been predicted for that period.
2. There are no protected customary rights groups or marine title groups in the region
adversely affected by this proposal.
Accordingly, this application shall proceed on a
NON-NOTIFIED basis.
Barry Kaye
Duty Commissioner
24 June 2016
R/LUC/2016/2140 – 12R Milano Boulevard, Hingaia
Page 3
Decision on application for resource
consent under the Resource Management
Act 1991
Discretionary activity
Application number:
R/LUC/2016/2140
Applicant:
Auckland Council – Community Facilities
Site address:
12R Milano Boulevard, Hingaia
Legal description:
Lot 707 DP 393795 (Identifier: 401418)
Proposal:
To establish and operate a children’s playground on land gazetted as a recreation reserve
under the Reserves Act 1977 and zoned
“Reserve” under the Operative Plan, which
involves 247m3 of earthworks over a land area of 625m2.
The resource consents required are:
Auckland Council District Plan 1999 (Papakura Section)
• Resource consent is required for a
controlled activity under Section Three, Rule 2.10.1.1
of the District Plan to undertake earthworks that exceeds a volume of 50m3.
• Resource consent is required for a
discretionary activity under Section Three, Rule
8.8.2.3 of the District Plan to establish a playground activity that will result in noise that is
predicted to exceed the daytime limit (applied between the hours of 2200 and 0900), of 40
dBA L10 at the nearest property boundary with residential zoning.
Proposed Auckland Unitary Plan 2013 (PAUP)
• Resource consent is required for a
restricted-discretionary activity under Rule 3H.4.4.2
of the PAUP to undertake earthworks that exceed a land area of 501m2.
Decision
I have read the application, supporting documents, and the report and recommendations on the
consent application. 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 the application.
Acting under delegated authority, under sections 104, 104B, and Part 2 of the RMA, the
application is
GRANTED.
1. Reasons
The reasons for this decision are:
1.
The proposal has been supported by a professionally prepared acoustic report and
engineering drawings and these have been peer reviewed by Council experts who support
the application being granted.
R/LUC/2016/2140 – 12R Milano Boulevard, Hingaia
Page 1
2.
The playground has been specifically designed for pre-school children. The playground is
also of a small-scale and it is intended to serve the local community rather than
functioning as a ‘destination playground’ serving the wider community. The playground
use is consistent with the purpose of the reserve under the Reserves Act 1977 and is a
permitted activity under the “Reserve Zone” rules of the Operative District Plan. Taking
into account this regulatory framework, it is considered that the proposed playground will
achieve an appropriate outcome for the northernmost portion of Milano Reserve. Any anti-
social activities or use by other persons that may occur on the reserve can happen
whether or not the playground exists and will generate noise effects which will form part of
the anticipated noise environment.
3.
The playground will occupy less than a half of the 3,877m2 reserve and will not result in
any physical changes to the southern portion of the site. The balance of the reserve will
therefore continue to provide for informal recreation/ sport opportunities for the local
community. The reserve is not subject to a reserve management plan; however it is
understood that the reserve is not used for any organised sports/ activities.
4.
In terms of Section 104(1)(a) of the Resource Management Act 1991 (RMA), the adverse
effects resulting from the proposed development and activity will be appropriate and
mitigated by way of its design and through the imposition of the recommended conditions
of consent relating to the construction period and in particular, the implementing of erosion
and sediment control measures in accordance with Council’s best practice guidelines.
It has been predicted that children playing within the playground and on play equipment
may generate noise that exceeds the night time acoustic level of 40 dBA L10, which
applies between the hours of 2200 and 0900. However, very few, if any, pre-schoolers
are expected to use the play equipment during this time, and I consider it reasonable to
assume that the playground is unlikely to be used at all by children between 2200 and
0700 hours primarily because no artificial lighting is proposed and also due to the age of
children that the equipment is designed for. If night use did occur, the level of non-
compliance with the night standard that applies between 0700 and 0900 hours is
predicted to be very low, particularly noting the measured ambient acoustic levels for the
locality which includes children playing outdoors in the front yards of private properties [or
on the footpaths] which is expected within a residential area.
In terms of positive effects, the proposal provides recreational opportunities for young
children that currently do not exist in residential area.
5.
In terms of Section 104(1)(b) of the RMA, the proposal is considered to be generally
consistent with the provisions of the District Plan because:
• The playground is consistent with the strategic intent of the Reserve Zone, which is
to provide for a range of recreational and community activities to become
established within the Urban Reserve Zone (Objective 8.6.2). On balance, the
proposal is also generally consistent with Objective 8.6.3 of the District Plan as the
playground activity will enhance the amenity (and use opportunities) of the reserve
for pre-school children and will retain over half of the reserve as a space for other
informal recreation activities. The reserve does provide outlook amenity for adjacent
R/LUC/2016/2140 – 12R Milano Boulevard, Hingaia
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properties, however in this regard, the height and location of the play equipment
complies with the bulk and location standards of the Urban Reserve Zone and the
land surrounding the playground will be landscaped, as encouraged by Objective
8.6.3 and its supporting policies. While the land is zoned residential under the PAUP
that appears to be an error noting the pre-existing reserve status of the land. In any
event, the relevant PAUP rules have no weight.
• The proposed earthworks can be undertaken in a way that is consistent with the
matters over which Council has reserved control in Rule 2.10.2.2 of the District Plan
and restricted discretion in Rule H.4.14.2.4.2 of the PAUP. The use of the site as a
“reserve” is gazetted, and Council is yet to release a decision on the proposed
“Single House” zoning of the site under the PAUP.
6.
In terms of Section 104(1)(c) of the RMA, other relevant matters, including monitoring
have been considered in the recommendation.
7.
Having regard to Part 2 of the RMA the proposal will result in appropriate environmental
effects while enhancing the local recreational opportunities for pre-school children in
particular. The reserve will continue to provide for other informal recreational opportunities
for other users. Given the nature of the proposal and the limited range of activities (noting
the lack of lighting fettering night time use opportunities) that it provides for and having
regard to the positive benefits for local families and the community it can be found to be
concluded that the proposal is consistent with the sustainable management purpose of the
RMA.
2. Conditions
Under section 108 of the RMA, this consent is subject to the following conditions:
General conditions
1.
The playground and earthworks activity shall be carried out in accordance with the plans and all
information submitted with the application, detailed below, and all referenced by the council as
consent number R/LUC/2016/2140:
• Application Form, and Assessment of Environmental Effects prepared by Richmond
Planning Ltd, dated May 2016.
Report title and reference
Author
Rev
Dated
Milano Reserve Playground
Marshall Day Acoustics Ltd
01
15 June 2016
Plan title and reference
Author
Rev
Dated
Site Context Plan; 1-6
Park and Playground Solutions
25 May 2016
Ltd
General Plan; 2-6
Park and Playground Solutions
25 May 2016
Ltd
Dimensions and Drainage
Park and Playground Solutions
25 May 2016
Plan; 3-6
Ltd
R/LUC/2016/2140 – 12R Milano Boulevard, Hingaia
Page 3
Plan title and reference
Author
Rev
Dated
Earthworks – Cut and Fill
Park and Playground Solutions
25 May 2016
Plan; 4-6
Ltd
Planting Plan; 5-6
Park and Playground Solutions
25 May 2016
Ltd
JT 558
Playground People Ltd
Received by
Council on 30
May 2016
COR8220
Received by
Council on 30
May 2016
GXY916
Received by
Council on 30
May 2016
2 Bay Ace UFO
Received by
Council on 30
May 2016
Other additional information
Author
Rev
Dated
FW: Milano Noise Report
Richmond Planning Ltd
17/06/16
RE: Milano Noise Report
Richmond Planning Ltd
17/06/16
2.
Under section 125 of the RMA, this consent lapses five years after the date it is granted unless:
a. The consent is given effect to; or
b. The council extends the period after which the consent lapses.
3.
The consent holder shall pay the council an initial consent compliance monitoring charge of
$280.00 inclusive of GST), plus any further monitoring charge or charges to recover the actual
and reasonable costs incurred to ensure compliance with the conditions attached to this
consent.
Advice note:
The initial monitoring deposit is to cover the cost of inspecting the site, carrying out tests,
reviewing conditions, updating files, etc., all being work to ensure compliance with the resource
consent. In order to recover actual and reasonable costs, monitoring of conditions, in excess of
those covered by the deposit, shall be charged at the relevant hourly rate applicable at the time.
The consent holder will be advised of the further monitoring charge. Only after all conditions of
the resource consent have been met, will the council issue a letter confirming compliance on
request of the consent holder.
Development in progress conditions
4.
There shall be no obstruction of access to public footpaths, berms, private properties, or public
services/utilities resulting from the construction and/or earthworks activity. All materials and
equipment shall be stored within the subject site’s boundaries.
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5.
All earthworks shall be managed to ensure that no debris, soil, silt, sediment or sediment-laden
water is discharged beyond the subject site to either land, stormwater drainage systems,
watercourses or receiving waters. In the event that a discharge occurs, works shall cease
immediately and the discharge shall be mitigated and/or rectified to the satisfaction of the Team
Leader Southern Monitoring.
Advice Note:
In accordance with condition 5 all earthworks shall be undertaken to ensure that all potential
sediment discharges are appropriately managed. Such means and measures may include:
•
Catchpit protection
•
run-off diversions
•
sediment retention ponds
•
silt and sediment traps
•
decanting earth bunds
•
silt fences
During excavation, the ingress and accumulation of surface run-off water and/or perched
groundwater can be minimised by:
•
maintaining a waterproof cover over any excavation trenches and pits outside of working
hours,
•
diversion of surface water flow around the works area, and
•
regular disposal of the water into an appropriate sediment control device, if ponding
occurs within the excavation.
It is recommended that you discuss any potential measures with the council’s monitoring officer
who may be able to provide further guidance on the most appropriate approach to take. Please
contact the Team Leader Southern Monitoring on [email address] for more
details. Alternatively, please refer to “Auckland Regional Council, Technical Publication No. 90,
Erosion & Sediment Control Guidelines for Land Disturbing Activities in the Auckland Region”.
• All required erosion and sediment control measures on the subject site shall be put in
place in accordance with
“Auckland Regional Council, Technical Publication No. 90,
Erosion & Sediment Control Guidelines for Land Disturbing Activities in the Auckland
Region”. All controls shall remain in place until earth disturbing activities are complete.
3. Advice notes
1.
Any reference to number of days within this decision refers to working days as defined in
s2 of the RMA.
2.
For the purpose of compliance with the conditions of consent, “the council” refers to the
council’s
monitoring
inspector
unless
otherwise
specified.
Please
contact
[email address] to identify your allocated officer.
R/LUC/2016/2140 – 12R Milano Boulevard, Hingaia
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3.
For more information on the resource consent process with Auckland Council see the
council’s website www.aucklandcouncil.govt.nz. General information on resource
consents, including making an application to vary or cancel consent conditions can be
found on the Ministry for the Environment’s website: www.mfe.govt.nz.
4.
If you disagree with any of the above conditions, or disagree with the additional charges
relating to the processing of the application, you have a right of objection pursuant to
sections 357A or 357B of the Resource Management Act 1991. Any objection must be
made in writing to the council within 15 working days of notification of the decision.
5.
The consent holder is responsible for obtaining all other necessary consents, permits, and
licences, including those under the Building Act 2004, and the Heritage New Zealand
Pouhere Taonga Act 2014. This consent does not remove the need to comply with all
other applicable Acts (including the Property Law Act 2007 and the Health and Safety in
Employment Act 1992), regulations, relevant Bylaws, and rules of law. This consent does
not constitute building consent approval. Please check whether a building consent is
required under the Building Act 2004.
Barry Kaye
Duty Commissioner
24 June 2016
R/LUC/2016/2140 – 12R Milano Boulevard, Hingaia
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