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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