in the matter and development team of the engineering and ...€¦ · development team of the...

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1 IN THE MATTER of the Resource Management Act 1991 AND an application by Gisborne District Council, Projects and Development Team of the Engineering and Works Department, to the Gisborne District Council for consent to construct a three metre wide, 949m long walkway/cycleway from the beach end of Grey Street to the Midway Lifesaving Surf Club within the Midway Beach and Beacon Street Reserves at Gisborne. DECISION BY INDEPENDENT HEARINGS COMMISSIONERS ON BEHALF OF GISBORNE DISTRICT COUNCIL 1.0 DECISION SUMMARY The decision is to grant consent to the application, subject to conditions. The potential adverse effects of the proposal on the local environment have been identified and can be avoided or satisfactorily mitigated. The proposal will also have benefits in terms of public amenity and public access as evidenced by all the submissions to the application being in support. It is in accordance with various statutory and other plans relating to the area. 2.0 THE PROPOSAL The proposal is described in the section 42A RMA report 1 prepared by the Gisborne District Council officers as 2 : “… to construct a three metre wide, 949 metre long walkway/cycleway from the beach end of Grey Street to Midway Surf Club within the Midway Beach and Beacon Street Reserves. The walkway/cycleway will be sited on the seaward side of the Norfolk pines, on the edge of the fore-dune. The walkway/cycleway will be constructed from a combination of both timber (605 metres) and concrete (344 metres) and will be completely accessible for wheelchairs, prams and mobility scooters. At its highest point the walkway/cycleway will be no more than 500mm above the existing ground level, with the average height being 300mm above ground level. The purpose of the walkway/cycleway is to enhance public access along the coastal marine area and make this area more accessible to a greater number of persons by facilitating disabled and wheeled access. The walkway/cycleway will create an important recreational link between the southern end of the existing riverside walkway at the Waikanae Stream and the Midway Surf Club, Olympic Pools and Adventure Playground to the West. 1 The report prepared by the Council officers on the application in terms of section 42A of the RMA. 2 Section 42A report, sections 1.1 and 1.2

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Page 1: IN THE MATTER AND Development Team of the Engineering and ...€¦ · Development Team of the Engineering and Works Department, to the Gisborne District Council for consent to construct

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IN THE MATTER of the Resource Management Act 1991

AND an application by Gisborne District Council, Projects and

Development Team of the Engineering and Works Department, to

the Gisborne District Council for consent to construct a three

metre wide, 949m long walkway/cycleway from the beach end of

Grey Street to the Midway Lifesaving Surf Club within the Midway

Beach and Beacon Street Reserves at Gisborne.

DECISION BY INDEPENDENT HEARINGS COMMISSIONERS

ON BEHALF OF GISBORNE DISTRICT COUNCIL

1.0 DECISION SUMMARY

The decision is to grant consent to the application, subject to conditions. The potential adverse

effects of the proposal on the local environment have been identified and can be avoided or

satisfactorily mitigated. The proposal will also have benefits in terms of public amenity and

public access as evidenced by all the submissions to the application being in support. It is in

accordance with various statutory and other plans relating to the area.

2.0 THE PROPOSAL

The proposal is described in the section 42A RMA report1 prepared by the Gisborne District

Council officers as2:

“… to construct a three metre wide, 949 metre long walkway/cycleway from the beach end of

Grey Street to Midway Surf Club within the Midway Beach and Beacon Street Reserves. The

walkway/cycleway will be sited on the seaward side of the Norfolk pines, on the edge of the

fore-dune. The walkway/cycleway will be constructed from a combination of both timber (605

metres) and concrete (344 metres) and will be completely accessible for wheelchairs, prams

and mobility scooters. At its highest point the walkway/cycleway will be no more than 500mm

above the existing ground level, with the average height being 300mm above ground level.

The purpose of the walkway/cycleway is to enhance public access along the coastal marine

area and make this area more accessible to a greater number of persons by facilitating disabled

and wheeled access. The walkway/cycleway will create an important recreational link between

the southern end of the existing riverside walkway at the Waikanae Stream and the Midway Surf

Club, Olympic Pools and Adventure Playground to the West.

1 The report prepared by the Council officers on the application in terms of section 42A of the RMA. 2 Section 42A report, sections 1.1 and 1.2

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Waikanae is an important area in the navigation and settlement traditions of Tairawhiti therefore

the historical, cultural and spiritual significance of the area has been incorporated into the

design of the walkway/cycleway. Elements of the design will portray the unique cultural heritage

of this area, such as a waka shape and the ancient adze (a carpentry tool) named Waikanae.

The design of the walkway acknowledges the region’s seafaring traditions by representing the

rope used to tie off waka and sailing vessels. The use of timber patterning at beach access

points reflects rope-lashing designs and the waka-shaped seating areas have double-patterning

elements which acknowledge ancestors who traversed the seas and made Turanganui-a-Kiwa

their home.

The walkway alignment requires the removal of two Norfolk pine trees to the west of 10

Salisbury Road, three tamarisk trees at the eastern side of the end of Roberts Road and several

wilding pines in the dunes near the Midway Surf Club. It is not proposed to plant any new trees

along the walkway, however it is proposed to plant native vegetation adjacent to the seaward

side of the timber walkway and along the seaward frontage of the Beacon Street Reserve car

parking area. At the Beacon Street Reserve car park, it is proposed to relocate fencing,

construct access points from the car park to the walkway and undertake landscaping. At the

Roberts Road car park, it is proposed to construct a low timber viewing platform with a retaining

wall and a sculptural paved area. Upon completion of the walkway/cycleway, sand ladders,

litter bins, bollards, seating, picnic areas, signage, showers and artwork and sculptures will be

installed.

The proposed walkway location at the end of Grey Street necessitates the realignment of the

car parking area at the southern end of Grey Street, adjoining Waikanae Beach. The existing

car parking area is primarily located within reserve land. The proposed works will result in the

car parking area being 'pulled back' from the beachfront and the car parking spaces being

realigned to be substantially located within legal road reserve. As a result of the proposed

works, car parking spaces will be re-aligned and two rain garden areas will be constructed. It is

also proposed to decommission the existing underground stormwater infrastructure that

currently passes under the existing paved area at the beach end of Grey Street.

It is proposed to re-construct the fore-dune in several areas where the dune been subject to

localised erosion or has been excavated to provide vehicle access to the beach. Re-

instatement of the fore-dune will involve re-contouring areas with Waikanae sand to the typical

dune profile and the contours on either side of the area to be filled. At Roberts Road and

Beacon Street, it is proposed to fill and reconstruct the dune contours (Roberts Road, 30m3 of

additional fill, Beacon Street, 50m3 of additional fill to the east and 9m3 of additional fill to the

west). The proposed works of the end of Grey Street will also require some cut and additional

fill (20m3).

No lighting is proposed.

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Construction of the boardwalk is proposed to take place over a 16 week period, starting in early

2015. The construction of the concrete and timber components of the walkway will generally be

carried out in three stages. Following the completion of each stage, remediation of the ground

following any sand, soil and vegetation disturbance will be undertaken. Bare soil will be re-

contoured to the natural dune profile and planted with appropriate native dune species. Any

disturbed grassed surfaces will be re-grassed. Planting will also be undertaken at various places

along the walkway.”

3.0 APPOINTMENT

We, Jim Dahm (coastal scientist) and Alan Watson (resource management planner), were

appointed as Independent Hearings Commissioners (“Commissioners”) by the Gisborne

District Council (“the Council”) in terms of section 34A of the Resource Management Act 1991

(“RMA”) to consider the application details, the submissions and the section 42A report by the

Council’s officers and to make a decision on the application.

The appointment of independent Commissioners was deemed appropriate by the Council given

the Council is both the applicant and the consent authority responsible for deciding the

application. In this decision report it is referred to as “the Council” in its role as the consent

authority and otherwise where appropriate as “the applicant” or “GDC”. Also, for convenience,

the proposed walkway/cycleway is hereinafter referred to as “the walkway” or “the proposal”.

The information available to us comprised the application and its attachments; the submissions;

and, the section 42A RMA report prepared by Mr Brent Cryer and Ms Melanie Cheetham. We

are both familiar with the area for the proposal from earlier work in Gisborne.

4.0 REASONS FOR THE APPLICATION

The relevant planning document is the Gisborne Part Operative Combined Regional Land and

District Plan 2007 (“District Plan”). The site for the proposal is in the Amenity Reserve Zone

and within the Coastal Environment Overlay, the Land Overlay 3 and Coastal Hazard Overlay 1

(Extreme Risk Area) areas.

The section 42A report informs us that the proposal is a discretionary activity based on the

following assessment against the relevant rules of the District Plan3:

Rule Number Rule Name Status of Activity Comment

Rule 22.10.1.6 Routes for pedestrians,

cyclists, including footpaths,

cycle tracks, bridges and

walkways.

Permitted Activity The proposal includes the construction of a

walkway/cycleway that includes a mixture of a

concrete path and a boardwalk. The

walkway/cycleway activity is provided for in the

Amenity Reserve Zone.

3 Section 42A report, section 2.0

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Rule 6.9.4.1

Earthworks undertaken

within Land Overlay 3

greater that 10m³ within a

three month period.

Restricted

Discretionary Activity

It is anticipated that the earthworks will disturb

more than 10m³ of soil within a three month

period. Therefore, the earthworks are deemed

to be a Restricted Discretionary Activity.

Rule 5.30.1.3 Activities that involve

earthworks within Coastal

Hazard Overlay 1 (Extreme

Risk Area) that alters

natural dune landform,

beaches, wetlands or

sandspits

Discretionary Activity The proposed earthworks associated with the

construction of the timber walkway on the

natural dune landform and the earthworks (fill

and re-contouring) required to carry out the

proposed dune restoration will alter the natural

dune landform. Earthworks in Coastal Hazard

Overlay 1 (Extreme Risk Area) that alters the

natural dune landform is deemed to be a

Discretionary Activity.

Rule 4.8.4.1(4) Land disturbance and

structures erected within

200 metres of Mean High

Water Spring

Discretionary Activity The proposed walkway and associated land

disturbance will be located within 200m of

MHWS. Land disturbance and structures

located within 200m of MHWS are deemed to

be Discretionary Activities.

We note from the above that the activity of a walkway is permitted but the construction of it,

involving land disturbance and structures, means the proposal requires consideration as a

discretionary activity.

The application is considered in the section 42A report as being for:

District Land Use:

LU-2014-106389-00: To construct a cycle and walkway from beach end of Grey Street to

Midway Surf Club within the Midway Beach and Beacon Street Reserves.

Land Disturbance:

LL-2014-106390-00: To undertake land disturbance within Coastal Hazard Overlay 1,

and within Land Overlay 3 areas in the District Plan as part of construction of a cycle

and walkway.

The recommendation in the section 42A report is for the application to be granted consent

subject to conditions.

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5.0 THE SITE AND LOCALITY

5.1 Description

The site is part of a linear land parcel that adjoins Midway Beach and it is known as Midway

Beach Reserve and Beacon Street Reserve. This land area is eight hectares, much of which is

a grassed green belt area adjacent to the main beach frontage. The formed legal road reserve

located at the southern end of Grey Street is also part of the area subject to this application.

The site is bounded to the south by Midway Beach and to the west and north by Centennial

Marine Drive and private properties adjoining Salisbury Road.

A line of mature Norfolk Pine trees are located along the grassed reserve area adjoining the

back of the sand dunes and an 'informal' track extends along much of the grassed reserve area

between the Norfolk Pine trees and the residential properties to the west adjoining Salisbury

Road.

5.2 Reserves status

The Midway Beach and Beacon Street reserves are owned and administered by the Gisborne

District Council and are both classified 'Recreation Reserve' under the Reserves Act 1977. Two

reserve management plans have been created along the route of the proposed walkway. These

management plans are entitled: ‘Waikanae Beach Reserve Management Plan’ (1996) and

'Midway Beach Reserve Management Plan’ (1999). The former states:

“The reserve provides an important link in a pedestrian walkway that stretches from the inner

city riverbanks past the inner harbour along the coast to Midway Beach. “

5.3 History

The site and locality is a rich cultural landscape based on early waka, in particular the horouta

waka, arriving there and also Captain James Cook in 1769. Local cultural narratives have

been incorporated into the final design of the pathways, seating areas and the boardwalk at

Midway Beach. Since the development of Gisborne, the site has been used as a recreational

space and is very popular given its location close to the residential and commercial areas of the

City.

5.4 Consent History

Resource consent was granted in 2010 for a walkway between Customhouse Street and the

Midway Surf Lifesaving Club. Following appeal proceedings settlement was reached whereby

the consent for the section between Grey Street and the Midway Surf Lifesaving Club was

surrendered. The section between Customhouse Street and the Waikanae Surf Lifesaving Club

has however been completed in accordance with the earlier consent. The Council now seeks to

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complete the length of the earlier project having undertaken further consultation and planning

with local residents and interest groups.

Since the earlier consent the applicant has investigated various walkway design and alignment

options and expert advice has been obtained regarding planning, design, ecology, visual and

natural character, planting and coastal hazards. In addition extensive consultation and

stakeholder engagement has been carried out. That has included consultation with Iwi, nearby

residents and the Department of Conservation. The details are included in the application4.

6.0 NOTIFICATION AND SUBMISSIONS

The applicant requested that the application be notified. The application was notified on 5

August 2014 and when submissions closed on the 3 September 2014, eight submissions had

been received. These are shown below5.

No. Name Support/

Oppose

Notes

1 Peter Murphy Support Prefers the walkway to be constructed with concrete

2 Eastland Triathlon and

Multisport Club – John Scott

Support Believes that the walkway will enhance the area

3 Gisborne Cycling Advisory

Group – Gillian Ward

Support Support opportunities for walking and cycling projects in

Gisborne

4 Gillian Ward Support Believes that the proposal is well designed and will have limited

effect on the natural dune system

5 Martin Watson Support Believes that the walkway will enhance the area

6 Simon Cave Support Prefers the walkway to be constructed with timber

7 Midway Surf Lifesaving Club Support Believes that the walkway will provide good access to the beach

and help restore local pride in the area

8 Department of Conservation Support Provided support on the proposal subject to three matters:

That the walkway be setback no less than 15 metres from

the 2012 duneline.

That a weed control and planting plan be established

The areas where dune restoration will be taking place are

to be roped off to allow the dune to restore.

The applicant has incorporated these matters into their consent

following consultation with DOC.

All eight submissions are in support. Three submitters initially indicated that they would like to

speak at the hearing of the application, but subsequently advised the Council that they no

longer wish to speak as there were no submissions received that opposed the proposal.

4 Oneroa Beachfront Cycle and Walkway, Resource Consent Application and Assessment of Environmental Effects by Andrew Stewart, July 2014 5 Section 42A report, section 4.0

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7.0 HEARING

Under section 100 of the RMA, no hearing is required if the Council considers (with that

delegation passed to us for this application) that a hearing is not necessary and that no persons

wish to be heard as part of the notification process. As stated above, no submitters wish to

speak at the hearing and the applicant has also confirmed that they do not wish to speak at a

hearing. We as the Commissioners in this matter are of the view that a hearing is not necessary

and have therefore considered and decided the application without a hearing.

We acknowledge the comprehensive application that covers all the relevant details, and

includes specialist input, for our consideration of it.

8.0 RELEVANT STATUTORY PROVISIONS THAT HAVE BEEN CONSIDERED

Overall, the application is a discretionary activity and it has been considered in terms of sections

104 and 104B and Part 2 of the RMA.

9.0 OTHER RELEVANT PROVISIONS THAT HAVE BEEN CONSIDERED

The provisions of the following documents were considered in reaching this decision:

New Zealand Coastal Policy Statement 2000

Gisborne Regional Policy Statement 1993

Gisborne Proposed Regional Coastal Environment Plan

Gisborne Part Operative Combined Regional Land and District Plan 2007

Waikanae Beach Reserve Management Plan 1996

Midway Beach Reserve Management Plan 1999

Gisborne Urban Development Strategy 2009

Gisborne District Council Open Space Strategy 2011

Gisborne District Council Active Recreation Strategy 2005 to 2025

Gisborne Urban Coastal Strategy 2005-2025

Walking and Cycling Strategy for Gisborne District 2004

National Land Transport Programme 2012-2015 (of the NZ Transport Agency)

Gisborne District Council Ten Year Plan Plan 2012 to 2022.

10.0 THE PRINCIPAL ISSUES IN CONTENTION

The principal issues in contention are:

a) Whether the potential adverse effects on the environment can be avoided or

satisfactorily mitigated, those relating primarily to effects on the sand dunes and coastal

hazards.

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b) Whether other potential adverse effects associated with visual and natural character,

ecology, traffic and parking, stormwater and construction can be avoided or satisfactorily

mitigated.

c) Whether the proposal is consistent with the relevant planning documents, including the

Reserve Management Plans.

d) Whether the proposal is consistent with Part 2 RMA.

11.0 MAIN FINDINGS

11.1 Sand Dunes and Coastal Hazards

Field inspection and the various descriptions and details (e.g. photos and plans) contained in

the application reports indicate that the sand dunes of the coastal reserve over the length of the

walkway (Grey Street to Midway Surf lifesaving Club) in general consist of 3 broad zones:

A mowed grass reserve along the landward margin, bordered landward by private

properties and the seaward ends of local beach access roads (notably Grey Street,

Roberts Road and Centennial Marine Drive). A line of Norfolk Pine trees occurs along

the grassed reserve, occasionally with some bird-seeded native shrubs coming away

under these trees.

A foredunes area of rough vegetation dominated by exotic species (particularly exotic

perennial grasses) which have invaded from the mowed reserve to landward and various

garden weeds. The area typically has little to no remnant native backdune vegetation

(e.g. knobby club rush and Muehlenbeckia complexa).

A narrow width (typically less than 5-7m wide) of spinifex along the seaward edge of the

foredunes, with exotic invasion along the landward edge.

A number of informal beach accessways occur. The coastal assessment prepared by Dr

Jeremy Gibb included in the application (Appendix J) notes vegetation damage at the seaward

ends of a number of these accessways with consequent wind erosion and interruption of natural

sand trapping and dune building function.

Overall, we assess the existing dunes to be generally in a highly modified condition and

dominated by exotic vegetation apart from the narrow spinifex zone along the seaward edge.

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The walkway will be constructed from a combination of both timber (605m) and concrete

(344m). The primary concrete section will occur over the final 241m to the Midway Surf

Lifesaving Club with shorter lengths at the Grey Street end (47m) and at the end of Roberts

Road (22m).

The walkway will typically be located on the grassed reserve to landward but in places extends

along the landward margin or slightly (the Assessment of Effects on the Environment report

(“AEE”) with the application notes this is up to 4m) within the rough vegetation zone of the

foredunes. The accessway is typically at least 20m landward of the seaward edge of vegetation

but extends slightly closer in limited areas.

11.2 Coastal Hazards

The useful coastal assessment by Dr Gibb, included with the application, notes that the

shoreline along the area of the proposed walkway is presently accreting seaward over time –

with rates of shoreline advance varying from 0.28-0.43m/year since 1899. This shoreline

advance reflects the abundant sediment supply from the Waipaoa River. He notes however that

the shoreline advance may reverse in the longer term and an erosional trend could develop to

projected sea level rise. He recommends the walkway generally be setback 20m from the

seaward toe of 2012 duneline to mitigate against the potential hazard to the walkway from the

potential future shoreline retreat.

In general, it is noted in the AEE that the desired setback has been achieved apart from short

areas where the walkway is slightly closer (but generally >15m).

The application reports also note that protection from coastal hazards will be improved by the

proposed restoration of damaged dune areas and the better management of pedestrian access.

We agree that these actions will repair the most damaged dune areas identified by Dr Gibb and

should reduce future pedestrian damage to the spinifex zone. The enhanced condition of the

spinifex zone should facilitate improved natural sand trapping and dune building/repair –

particularly in the presently damaged areas identified by Dr Gibb.

However, we note that while the walkway is generally adequately set back from the coast, the

proposed Grey Street platform extends onto the beach and is not fronted by any vegetated

foredune. Dr Gibbs’ report notes that major storms have in the past resulted in significant wave

run-up and coastal inundation in this area – occasionally extending significantly into the

seaward end of Grey Street. Accordingly, we note there may be potential for wave damage to

this structure during severe events. Wave interaction with the structure could also lead to

enhanced scour along the proposed concrete steps fronting the seaward margin – so that

adequate design and embedment of these steps to avoid scour damage will be important. The

lack of a vegetated foredune seaward of the structure might also result in windblown sand

issues for the platform and possibly the seaward areas of Grey Street.

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It is difficult to comment definitively as these various matters do not appear to have been

addressed in the application reports. However, the Grey Street Termination Plan prepared by

Chow-Hill (Sheet L81.01 Rev D, Appendix A-B), included with the application, notes that final

construction details and approach for the steps and the platform will be confirmed by project

engineers. We agree with that confirmation by project engineers.

We note that the applicant has avoided further seaward encroachment of the Grey Street

platform relative to existing structures by pulling the Grey Street parking area further landward.

A stormwater discharge to the beach from the seaward end of Grey Street will also be removed

and replaced with rain gardens. This latter action will reduce and possibly eliminate significant

stormwater discharge to the beach and reduce associated aggravation of erosion. We

acknowledge and support these useful measures. Nonetheless, we consider that detailed

design should include consideration of the potential for inundation and wave damage of the

structure during storms, windblown sand issues and also possible scour along the seaward

edge of the concrete steps – with appropriate provision in design and ongoing maintenance to

mitigate any significant adverse effects. We have therefore made reference to that in the

consent conditions.

In our view, the Grey Street platform does provide enhanced amenity and the issues highlighted

for further attention in detailed design are primarily potential cost and maintenance issues for

Council.

Overall, we are satisfied that the walkway has been designed to avoid and mitigate coastal

hazard issues and that mitigation measures will ensure reasonable protection of the walkway

over the next 50 years – provided the potential issues noted above in respect the Grey Street

platform are adequately addressed in detailed design.

11.3 Effects on the Dunes

In regard to the foredunes, we note that the accessway will primarily be located on the grassed

reserve areas or just within the landward edge of the rough vegetation zone. These areas are

almost exclusive dominated by exotic vegetation.

It is proposed to install eight formal pedestrian accessways along the length of the proposed

walkway to provide managed beach access. The formal accessways are spaced along the

length of the walkway and include accessways near each of the main vehicular and pedestrian

access points. We believe these accessways are useful measures that should help reduce

pedestrian damage to the dunes. However, signage will also be required to encourage users to

use the defined accessways and avoid short-cutting from the walkway to the beach – given the

increased use of the reserve areas likely to accompany the walkway. In the longer term, this

could also be encouraged by dense planting of suitable backdune vegetation (e.g. densely

interplanted knobby clubrush and Muehlenbeckia complexa) along the seaward margin of the

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walkway. If major informal beach accessways do develop from the walkway over time, Council

will need to move to close these or (if demand suffices) establish further managed accessways

at appropriate locations. This latter aspect should be monitored.

Minor earthworks are proposed as part of the walkway construction - including placement of

minor (9-50m3) amounts of sand (largely from the site) to repair/reconstruct damaged foredune

areas, minor cut and fill associated with the proposed works at the end of Grey Street and

minor excavation along parts of the walkway as required for concrete boxing and

clearance for installation of the walkway structural support.

The applicant notes that these minor earthworks and disturbances will be managed as follows:

Following the completion of each stage, remediation of the ground and any sand, soil

and vegetation disturbance will be undertaken. Bare soil will be re-contoured to the

natural dune profile and planted with appropriate native dune species. Any disturbed

grassed surfaces will be re-grassed. Planting will also be undertaken where necessary

as per the Landscape Plans and accompanying plant schedule (Appendix D) with the

application.

Planting of native vegetation adjacent to the seaward side of the timber walkway and

along the seaward frontage of the Beacon Street Reserve car parking area.

In our view, these actions are adequate to mitigate the effects of the minor earthworks.

It is also proposed to carry out dune restoration planting at four areas which are experiencing

localised erosion effects due to damage to dune-binding vegetation caused by uncontrolled

vehicular and pedestrian access to the beach. These areas will be planted with species suited

to the foredune zone and eco-system. Upon completion of stages one to three, sandfill

(primarily from the site) will be used to re-construct areas of the foredune. The areas will be re-

contoured and then planted with native species. These works will be carried out during the later

stages of the project to coincide with the appropriate planting season (May - June 2015) – with

planting undertaken within a short period after the earthworks to minimise potential for wind

erosion.

We find this to be a useful restoration and that the native species identified are appropriate for

the different zones. We also note and support the inclusion of threatened species (e.g. sand

coprosma and pingao) in the proposed plantings. We are of the view that the proposed dune

repair will address the most serious existing wind erosion damage. In conjunction with the

improved management of beach access discussed further above, we also accept that the work

will enhance natural sand trapping and dune repair along the seaward edge of the spinifex

zone.

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Prior to construction, various garden 'pest species' plants will also be removed from the back

dune areas (including wilding pine, pampas, Yucca filamentosa, agapanthus and canna lily) as

well various exotic trees (two Norfolk Pine trees, three Tamarisk trees, a Phoenix Palm tree and

several wilding pines). We consider this to be a useful action as many of these species can be

seriously invasive on dunes. Nonetheless, the major invasive species on the dunes are clearly

exotic perennial grasses invading from landward areas, particularly kikuyu. This aspect will not

be addressed by the present project and the grass will remain a serious threat to the proposed

plantings. Accordingly, we note that all of the proposed native planting planned will require very

active ongoing management of weed invasion or these areas will ultimately be significantly

invaded by exotics, particularly perennial grasses (e.g. kikuyu).

Prior to, and during all stages of construction and during the final dune restoration works,

endemic lizards will be relocated where necessary as per the Herpetofauna Management Plan

(Appendix G) with the application. We support this approach.

Overall, we concur with the AEE that the project will have only minor and temporary adverse

effects on the dunes and that these effects are adequately avoided and mitigated by the

proposal. We also accept there will be some gains in dune management through significantly

improved management of beach access and the proposed restoration and plantings – though

active management of grass and other weed invasion will be required to maintain the planting

gains. We also concur with the applicant’s view that the walkway is likely to result over time in

increased demand and support for restoration of the foredune areas along the length of the

walkway – particularly where the walkway is close to or just within the landward edge of the

foredunes. The useful ecological report (Appendix I) with the application notes evidence of

existing community concern for the area which can be harnessed and better directed to help

restore such dunes areas. We concur with this and note that the techniques for restoration of

the dune environments seaward of the accessway are now well established and that similar

areas are actively restored by community-based approaches in many areas around New

Zealand.

11.4 Visual and natural character effects

The walkway will be constructed with a boardwalk between Grey Street and Beacon Street. It

will be of stained timber, which is an appropriate material for the beachfront location, and this

will blend in with the surrounding natural environment. The boardwalk will have a maximum

height of 500mm above the general ground level, with the average height set at 300mm, and in

maintaining a relatively consistent height along the fore-dune it will not alter the appearance of

the coastal environment in any significant manner. The areas that will be constructed with

concrete are located at either end of the walkway. These will be located within the ground and

will have a low visual character on the surrounding landscape.

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The proposal includes associated structures such as bollards, signs, seats and rubbish bins, but

not a handrail. These associated structures are an integral part of the proposal, adding amenity

to it, and are of no concern. The proposal is also for native planting enhancement along the

southern margin of the timber walkway.

The proposal will add a built element to the locality but it is consistent with the existing character

and will provide for activities that are also consistent with the existing and expected use of the

public area. We find the proposal to be acceptable in terms of visual and natural character.

11.5 Ecological effects

The application includes an ecological assessment. In relation to flora it comments on the

highly modified state of the back dune environment and that the subsequently tolerant

vegetation means the impact on the current plant communities is likely to be minor. For fauna,

native lizards (skinks) are identified as being present and recommends relocating these from the

works footprint and utilizing a herpetofauna management plan in order to avoid and/or

satisfactorily mitigate any effects of construction.

We agree with those measures, which are included in the consent conditions, and consider the

effects will only be of a short term nature and acceptable.

11.6 Traffic and Parking effects

The proposal can be expected to bring more people to the area along with the potential for

additional traffic and car parking effects. It includes changes to the existing car parking layouts

at Grey Street and Roberts Road, while connecting with car parking areas along the beach at

Beacon and Midway Beach.

This will see some reduction in the car park spaces available but there are three other car

parking areas along the Oneroa beachfront, at 10 Salisbury Road, Midway Beach and at the

Olympic Swimming Pool located at either end of the proposed walkway along with potential on-

street car parking. We acknowledge the summer peak demands for parking but also that the

public is not restricted from parking in the formed parking areas or further away on-street.

We do not anticipate the proposal will result in any additional traffic or reduction in car parking

that will be an adverse effect of significance. The Council’s Roading officers have not raised

any concerns about the proposed changes. We find the potential adverse effects on traffic and

parking will be acceptable.

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11.7 Stormwater effects

The existing stormwater from Grey Street currently discharges into the dunes at Waikanae

Beach. The drain has resulted in erosion below the existing paved area on the southern side of

Grey Street. The proposal will manage this drainage more appropriately through the installation

of two rain water gardens on the southern side of Grey Street to collect stormwater from the

kerb and channel. This will assist to control the level of erosion that is currently occurring at

Grey Street.

11.8 Construction effects

Construction is planned to commence in early 2015 and to take 16 weeks. Construction work

will be limited to weekdays between 0700 and 1800 hours with no construction being carried out

during weekends and public holidays. In addition, the applicant has stated the construction

activities will comply with the relevant noise standards in the District Plan and the New Zealand

Standards as these relate to construction noise, dust and vibration. These matters are included

in the conditions of consent.

We find that with these measures included as conditions and the short term nature of the

construction works that the potential adverse effects are acceptable.

11.9 Permitted Baseline

In assessing the adverse effects of the proposal we are able to disregard an adverse effect on

the environment if the District Plan permits an activity with that effect. That is, we can adopt a

permitted baseline which is the existing environment overlaid with any activity permitted by the

District Plan and any unimplemented consents.

The site is within the Coastal Environment Overlay where any activity that involves land

disturbance and/or structures within 200m of mean high water springs requires a resource

consent. On that basis the permitted baseline approach is of little value in this case. We do

however note that the proposal for the activity of a walkway and cycleway is a permitted activity

and it is the land disturbance and structures that mean resource consent consideration is

required.

11.10 Conclusion on Adverse Effects

We find that the adverse effects of the proposal on the environment would be acceptable or

minor based on all the information. We have included, as part of the consent, a review

condition that provides for the conditions of consent to be “re-visited” should there be any

adverse effects on the environment which may arise from the exercise of the resource consent,

which have not been anticipated, and which are appropriate to deal with at a later stage.

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11.11 Positive Effects

The proposal will provide benefits to the community. It will mean this part of the beachfront is

more readily accessible to a greater number of persons, of all ages and ability, for recreation

and provide some encouragement to walking and cycling as a healthy activity. It will be a useful

for both locals and visitors to Gisborne as a recreational area and as a pedestrian link extending

along this part of the beachfront.

Cultural design influences are incorporated to acknowledge the cultural significance of the area

and the proposal will also assist to reduce damage to the dune system by creating purpose built

beach access points.

It is a matter of national importance in the RMA to maintain and enhance public access to and

along the coastal marine area. This proposal is very much in line with that matter and doing so

in an area of the coast where its natural character has already been compromised by urban

zoning and development.

11.12 Planning Documents

A range of planning documents and strategies were raised in the information with the

application and in the section 42A report. As with many planning situations these include non-

statutory plans which we are able to give limited regard to given these non-statutory documents

have not been subject to the scrutiny of public notification in Schedule 1 of the RMA. These

documents can at best offer some guidance regarding the direction in which the community and

the Council may be moving in terms of various initiatives in Gisborne. Greater weight in the

RMA decision-making process clearly needs to be given to the statutory plans and we initially

address those plans. However, we do also provide a brief comment on the non-statutory

documents below, after considering the statutory plans.

11.13 Gisborne Part Operative Combined Regional Land and District Plan (“District

Plan”)

The relevant objectives and policies of the District Plan from the zoning and the overlay areas

are set out in the application details and in the section 42A report. These cover a range of

matters in relation to the coastal environment and include:

Enabling subdivision, use or development which avoids adverse effects on natural

heritage values as far as practicable.

In all hazard prone areas, avoiding or minimising any risk of loss of life or injury or other

environmental damage due to natural hazard as part of any new subdivision, use and

development.

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Taking account of the effects of proposals on any hazard risk.

Recognising the limits of attempts to control natural processes by physical work and

restricting such attempts to appropriate situations where no more than a minor adverse

effect on the natural character of the coastal environment and not causing or worsening

hazards.

Designing and constructing mitigation works in sympathy with the environment.

Taking a precautionary approach where appropriate.

Recognising the implications of climate change.

Recognising and protecting the integrity of natural systems and features that provide a

defence against natural hazards.

In addressing these policies we note that, in this case, the site has been altered by human

activities and the proposal has been designed to be compatible with the use and the

appearance of the existing coastal environment. Development is not generally encouraged in

these areas where the land is potentially subject to erosion but the proposal does not involve

the construction of habitable structures that will put people in danger during a major hazard

event. Further, the existing fore-dune provides a natural buffer between the proposal and the

sea and the dunes will be repaired where they have eroded from various activities.

The proposal involves land disturbance but the majority of the earthworks will be located on

ground that is generally of flat topography and will have controls in place that limit the potential

for wind erosion, silt wash and sediment runoff. More concentrated use of the walkway may

result from the proposal which will decrease human traffic over the sand dunes and potentially

lessening fore-dune erosion.

The provisions in the Amenity Reserve Zone, Coastal Environment Overlay and Coastal Hazard

Overlays are concerned with providing for recreational opportunities, public access and

conservation values while ensuring that development and use of reserve land does not create

adverse effects on the reserves or surrounding environment. We find the proposal is consistent

with these provisions insofar as it clearly provides for greater recreational use of the reserves

area by improving access to and along it while having particular regard to the sensitive nature of

the fore-dune area and addressing it with some remediation works.

In all the circumstances we find the proposal to be consistent and in accordance with the

relevant District Plan provisions.

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11.14 Proposed Regional Coastal Environment Plan (“RCEP”)

The proposal is located in the General Management Area of the RCEP which has as its purpose

to ensure that the use, development and protection of the coastal environment is appropriate in

regard to natural character and integrity of that environment. We find that the proposal is

consistent with the RCEP because the values of the area have been identified and are

appropriately protected by the measures included in the application.

11.15 Regional Policy Statement (“RPS”)

The RPS contains provisions addressing the protection of erosion prone land and provisions

that are specific to potential damage to the natural character of the coastal environment. The

proposal does not conflict with any of these provisions for the various reasons that have been

outlined above.

11.16 New Zealand Coastal Policy Statement 2000 (“NZCPS”)

The purpose of a NZCPS is to state policies in order to achieve the purpose of the RMA in

relation to the coastal environment of NZ. The NZCPS does this by setting out a

comprehensive range of policies. In terms of section 75(3) RMA a district plan must give effect

to any NZCPS. In this respect the related NZCPS policies are largely addressed in the

foregoing discussion regarding the District Plan.

The NZCPS policies include considerations relating to appropriate use and development in

areas where the natural character has already been compromised; biodiversity; natural

character; coastal hazards; and public access.

We find that this proposal does not adversely impact on the natural character of the coastal

environment which in this area has been substantially modified and also, it will tend to formalise

the existing use that is made of this area. It does impact on the fore-dune area but this is to be

managed and it serves importantly to maintain and enhance public access to and along the

coastal marine area. We find the proposal is not inconsistent with the NZCPS.

11.17 Reserve Management Plans (“RMPs”)

The policies in the RMPs include providing for pedestrian access through the reserves; linking

with adjacent recreational resources; providing for the public to have pedestrian access to all

parts of the reserves at all times; and particularly to extend the walkway through the reserves

along the back of the beach. Both the RMPs for the subject area have specific provisions

relating to a long standing objective of the Council to develop a pedestrian access along the

foreshore area, that having a sealed surface to facilitate greater use of it.

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The RMPs provide strong support to the proposal and we find the proposal to be consistent with

them.

11.18 Non-statutory documents

These can be given consideration in terms of section 104(1)(c) of the RMA but do have limited

weighting for the decision as discussed above. These documents include the Urban

Development Strategy; the Open Space Strategy; the Active Recreation Strategy; the Urban

Coastal Strategy; the Walking and Cycling Strategy; and the Ten Year Plan 2012 to 2022.

The proposal, in providing a walkway for the public that improves access to the coastal area and

a pedestrian link to a recreational facility, is entirely consistent with all these documents

11.19 Part 2 of the RMA

The proposal is in accordance with the sustainable management purpose of the RMA. It will

enable people and the community to provide for their social wellbeing and for their health and

safety whilst sustaining the potential of the natural and physical resources of the site and area to

meet the reasonably foreseeable needs for future generations and, will avoid, remedy, or

mitigate any adverse effects arising from it on the environment.

The proposal does not conflict with the section 6 RMA “Matters of national importance” relating

to the preservation of the natural character of the coastal environment. It is to occur in an area

already modified but in a manner that will be consistent with the open, planted nature of the

locality. Importantly it enhances public access to the coastal marine area.

The section 7 RMA “Other matters” we are to have particular regard to, and which are of

relevance, relate to the efficient use and development of natural and physical resources; the

maintenance and enhancement of amenity values and the quality of the environment; the

intrinsic values of ecosystems; and, any finite characteristics of natural and physical resources.

We find the proposal is consistent with these principles. It will ensure that the resource of this

beachfront area is efficiently used along with any potential adverse effects being avoided or

suitably mitigated.

We did not receive any information relating to section 8 RMA, or concerns by local Iwi. As far

as we can ascertain, there would be no matters of concern with this likely to be a result of the

Iwi consultation carried out as part of the preparation of the application. Historical and cultural

input has been sought and has contributed to the design of the walkway. Ongoing consultation

is expected to continue from the statements made in the application details.

In all the circumstances we find the proposal to be consistent with the purpose and principles of

the RMA.

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12.0 CONCLUSION

We have given consideration to all the relevant RMA provisions in relation to this discretionary

activity proposal, along with all the information presented by the applicant, the submitters and

the reporting officers of Council. We find the application is able to be granted consent in

accordance with our commentary above in this decision report.

DECISION

Pursuant to sections 104 and 104B of the Resource Management Act 1991, resource

consent is granted, subject to conditions, to the application by Gisborne District Council for a

discretionary activity, for the construction of a three metre wide, 949m walkway/cycleway from

the beach end of Grey Street to Midway Surf Lifesaving Club within the Midway Beach and

Beacon Street Reserves and on land legally described as Section 2 Block VII Turanganui

Survey District (CFR: GS5B/1383) and Section 7-8 Block VII Turanganui Survey District and

Section 38 Block VI Turanganui Survey District (CFR:GS4C/1342)

The district land use consent is referenced as LU-2014-106389-00 and the land disturbance

consent is referenced as LL-2014-106309-00, with these consents being issued to Gisborne

District Council.

Pursuant to section 113 of the Resource Management Act 1991, the reasons for this

decision are as above in the text of this decision report but can be summarised as:

1. The actual and potential adverse effects created by the proposal are acceptable

because the design and appearance of the walkway/cycleway structure will fit within the

local coastal area, and conditions imposed on the consent will ensure that adverse

effects are managed to be more than minor.

2. The potential adverse effects that may result from increased dune accretion are less

than minor from the design of the walkway and the dune restoration work proposed.

3. The proposal will have positive effects in facilitating improved public access to the

coastal area.

4. The proposal is consistent with the objectives and policies of the Gisborne Combined

Regional Land and District Plan.

5. The proposal is consistent with the Reserves Management Plans that apply to the local

area and also with a range of non-statutory documents that have relevance to the

proposed activity and site/locality.

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6. The proposal has been supported by comprehensive details and information which has

addressed all relevant matters.

7. Overall the proposal is consistent with the purpose and principles of the Resource

Management Act 1991.

CONDITIONS

Pursuant to section 108 of the Resource Management Act 1991, this consent is subject to

the following conditions:

General Conditions

1. The proposal shall proceed in general accordance with the information and plans submitted

by the consent holder in support of application number LU-2014-106389-00 and LL-2014-

106390-00, and officially received by the Council on 25 July 2014. This condition applies

except as amended by the conditions below. Copies of the following approved plans are

attached:

Oneroa Beachfront Cycle and Walkway – Overall Alignment Plan, Dated:

24/07/2014, Referenced: 13809, Sheet L80.01, Revision F.

Oneroa Beachfront Cycle and Walkway - Grey Street Terminations Plan, Dated:

24/07/2014, Referenced: 13809, Sheet L81.01, Revision F.

Oneroa Beachfront Cycle and Walkway – Roberts Road Termination Plan, Dated:

24/07/2014, Referenced: 13809, Sheet L81.02, Revision E.

Oneroa Beachfront Cycle and Walkway – Beacon Car park Plan, Dated:

24/07/2014, Referenced: 13809, Sheet L81.03, Revision E.

Oneroa Beachfront Cycle and Walkway – Midway Surf Club Termination Plan,

Dated: 24/07/2014, Referenced: 13809, Sheet L81.04, Revision F.

Gisborne Beachfront Boardwalk – Plan and Profile Concept, Dated: March 2014,

Referenced: 13/096, Drawing Numbers P1 to P15.

Oneroa Beachfront Cycle and Walkway – Soft Landscape and Dune Restoration

Plan, Dated: 27/07/2014, Referenced: EELA LP-01 - Master Plan.

Oneroa Beachfront Cycle and Walkway – Soft Landscape and Dune Restoration

Plan, Dated: 27/07/2014, Referenced: EELA LP-02 - Detailed Plan 1.

Oneroa Beachfront Cycle and Walkway – Soft Landscape and Dune Restoration

Plan, Dated: 27/07/2014, Referenced: EELA LP-03 – Detailed Plan 2.

Oneroa Beachfront Cycle and Walkway – Soft Landscape and Dune Restoration

Plan, Dated: 27/07/2014, Referenced: EELA LP-04 – Detailed Plan 3.

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2. The walkway/cycleway shall be constructed no closer than 15 metres from the 2012

duneline except for those areas where the duneline will be restored as shown in the ‘Soft

Landscape and Dune Restoration Plan’ submitted as part of the application (Appendix D).

3. A weed control plan shall be developed with the Department of Conservation to the

satisfaction of Council’s Resource Consents Manager.

4. The weed control plan shall be implemented once the construction of the boardwalk is

completed or on an alternative timeframe set out in the plan and approved by Council’s

Resource Consents Manager under Condition 3 above.

5. A planting plan shall be developed with the Department of Conservation to the satisfaction

of Council’s Resource Consents Manager.

6. The planting set out in the planting plan shall be implemented with three months following

the completion of the walkway, or an alternative date set out in the planting plan and

approved under Condition 5 above.

7. Pursuant to section 36 of the Resource Management Act 1991, the consent holder shall

pay the actual and reasonable costs incurred by the Gisborne District Council when

monitoring the conditions of this consent.

Land Disturbance Conditions

8. The timing of all earthworks shall be restricted to a period when ground conditions are such

that stripping, filling and any other excavation can occur without causing rutting or puddling

by wheeled vehicles.

9. During the construction, temporary silt detention areas and filters are to be installed and

used to prevent silt wash debris from moving onto neighbouring properties or the beach

(see Advice Notes below).

10. Excavated material and fill shall not be placed in a position where it may cause erosion or

sediment run-off or be placed over existing dune vegetation other than grass, except in the

locations specified for dune re-construction.

11. All disturbed areas of land resulting from the activity which were grassed prior to the

commencement of the activity are to have a ground cover established, such as sown in a

grass/legume seed mix or other methods, during the Autumn or Spring season immediately

following the completion of the proposal, whichever is the sooner and again as needed, to

give an erosion resistant cover within 12 months of the land disturbance ceasing.

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12. All other disturbed areas of bare soil and all re-constructed areas of fore-dune using sandfill

are to be re-contoured to the natural dune profile and planted with appropriate native dune

species during the winter immediately following the completion of the proposal.

13. All land disturbance and vegetation clearance activities in areas identified as potential lizard

habitat shall be carried out in accordance with the Herpetofauna Management Plan, Dated:

July 2014, submitted as part of the application (Appendix H), under the supervision of an

experienced herpetologist holding a current Department of Conservation permit for the

handling of protected native lizards.

14. All work is required to be carried out in accordance with the Gisborne District Council’s

Engineering Code of Practice. This includes the installation of infrastructure and services.

15. The maximum weighted vibration level (Wb or Wd) arising from any zone as measured at or

within the boundary of any site zoned residential shall not exceed 45mm/s2 between 0700

hours-1800 hours Monday to Saturday.

16. All operations on the site which have the potential to cause dust emissions shall be suitably

managed at all times so as to avoid the creation of a dust nuisance.

17. There shall be no creation of dust from the activity which is offensive or objectionable, as

determined by a suitably qualified and experienced enforcement officer from the Gisborne

District Council, at or beyond the boundary of the site.

18. Should offensive or objectionable dust be observed beyond the boundary of the property,

the discharge shall be modified or cease immediately and shall not restart until such time as

compliance is demonstrated to the satisfaction of the Regulatory Services Manager,

Gisborne District Council.

19. Construction noise emanating from the site where the construction is preparatory for or

ancillary to the principal use shall meet the below limits in the District Plan and be

measured and assessed in accordance with New Zealand Standard 6803: 1999 “Acoustics-

Construction Noise”.

The background sound level (L95), average maximum noise level (L10) and maximum noise

level (Lmax) arising from any zone as measured at or within the boundary of any site zoned

residential or reserve shall not exceed the following limits:

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Construction &

temporary activity

noise measured

within the

Time

Period

AVERAGE MAXIMUM NOISE LEVEL

(dBA)

L95 L10 LMAX

Residential and

Amenity Reserve

Zones

Mon – Sat

0700-1800hrs

60 75 90

20. The consent holder shall ensure that any contractors engaged to undertake work

authorised by this consent abide by the conditions of it. The person responsible for the

work on site shall be familiar with the consent conditions and a copy of this consent shall be

present on site at all times while the work is being undertaken.

21. For the purposes of, and pursuant to, section 128 of the Resource Management Act 1991,

the Council reserves the right to review this consent monthly commencing from the date

this consent is granted, to impose additional or modify existing conditions relating to the

following matters if it deems that this is necessary to deal with any adverse effect on the

environment which may arise from the exercise of this consent and which it is appropriate

to deal with at a later date:

Vegetation establishment

Soil erosion

Waterborne transport of sediment.

Prior to Construction

22. The consent holder shall notify the Gisborne District Council Compliance and Monitoring

Team in writing two weeks prior to the commencement of activities associated with this

consent.

23. The consent holder shall, as indicated in the application details, ensure that the final

construction details for the Grey Street platform and its associated steps, which extends

onto the beach, are confirmed by appropriately qualified and experienced engineers. This

shall include appropriate provision in the design and ongoing maintenance to ensure

satisfactory mitigation of any potential adverse effects associated with inundation and wave

damage during storms, windblown sand issues and possible scour along the seaward edge.

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ADVICE NOTES:

1. In accordance with section 125(1) of the Resource Management Act 1991, a resource

consent lapses 5 years after the date of commencement of the consent unless the

consent is given effect to or an application is made and granted for an extension of time.

Once a consent lapses, a new resource consent will be required.

2. All work within the road reserve requires a Corridor Access Request (CAR) through

Council’s Roading section. This includes any upgrades to vehicle crossings and the

installation of infrastructure and services. Please contact the Roading section at Council

for more information about obtaining a ‘CAR’.

3. Temporary sediment control designs are specified in Section 2.4 of the former Auckland

Regional Council’s Technical Publication No.90 (TP 90) - Erosion and Sediment Control.

This publication is available at the Soil Conservation office of the Gisborne District

Council.

4. Hydroseeding of some of the earthworks may be required to establish vegetation cover

as soon as possible and reduce sediment wash effects onto neighbouring land or the

beach.

5. Archaeological deposits and possible Waahi Tapu sites must be treated with sensitivity.

Should any archaeological deposits be identified during development the

owner/contractor/ occupier should avoid affecting the deposits and immediately contact

the Heritage New Zealand Pouhere Taonga, the Department of Conservation and local

Iwi. Under the Heritage New Zealand Pouhere Taonga Act 2014 it is an offence to

destroy, damage or modify an archaeological site (recorded or unrecorded) without

authority from Heritage NZ.

AR Watson (chair, for Commissioners Jim Dahm and Alan Watson)

29 October 2014