Exploration Heights: Resource consent conditions

Submitted by admin on Sun, 11/29/2015 - 12:12

This page provides a hyperlinked version of the current resource consent conditions for the Exploration Heights subdivision. This has been put together from the original consent approval conditions plus the approved variation of those conditions.  The consent provides for completion of earthworks on individual lots to proceed separately from the main subdivision thus providing for titles early and purchasers to opt to included earthworks or not.

Everything below this paragraph should be a verbatum version of the approval letters referred to above but ultimately the originals may need to be referred to.

The Land Use consent shall be subject to the conditions listed under A and the Subdivision Consent shall be subject to the conditions listed under B below:

A-Land Use Consent Conditions

1. That the development be in general accordance with the information and plans submitted with the application stamped Approved Plans for Resource Consent RC6601 and held on Council file RC6601 (Ref: ‘Overall Road Layout and Earthworks’ Drawing No: 2013-P1-R Rev E, dated 2013-12-16 and ‘Earthworks extents for additional building site/ section development’ Drawing No: 201311-P1-E Rev B, dated 2012-12-14, prepared by Progeni Limited, and Drawings and information contained in Further information received on 20 March 2014), although minor alterations may be approved upon request providing the development is not materially different, the scale and intensity of adverse effects will be no greater, and no approval from affected persons is needed.

2. That the consent holder shall contact the Council’s compliance monitoring officer at least 48 hours prior to any physical work commencing on the site and advise the officer of the date upon which such works will commence.

3. The consent holder shall provide a copy of this consent and any documents referred to in this consent to each operator or contractor undertaking works authorised by this consent, before that operator or contractor starts any works.

4. The consent holder shall ensure that a copy of this consent is kept in the office on site at all times and presented to any Porirua City Council officer on request.


5. Prior to the commencement of any works on the site, the applicant shall provide evidence to the Resource Consent Monitoring and Enforcement Team that a suitably qualified chartered engineer has been appointed to carry out the design, supervision and certification of earthworks.

6. The consent holder shall follow all the recommendations contained within the Geotechnical Reports prepared by Coffey Geotechnics (NZ) dated 3 December 2013 and 11 February 2014.

7. Prior to the commencement of any works on the site, the consent holder shall ensure that all silt and sediment control measures are in place in accordance to what has been recommended in the Geotehnical Report prepared by Coffey Geotechnics (NZ) Limited and Further Information Appendix 6, received on 20 March 2014.

8. All fills are to be compacted in accordance with the Code of Practice for Earth Fill for Residential Development, NZS 4431:1989. Within 6 months of completion of the earthworks hereby consented, plans are to be supplied to the satisfaction of the General Manager, Environment & Regulatory Services showing the location of all compaction tests, together with a certificate prepared by an inspecting chartered engineer stating the suitability of the earthworks for residential development.

9. Upon completion of the earthworks (or, if deemed necessary by Council, during the earthworks period) the consent holder shall provide to the satisfaction of the General Manager, Environment & Regulatory Services, a report from a Chartered Professional Engineer in Geotechnical Engineering addressing the stability of the constructed cut batters and fill batters. This report shall give specific reference to section C2.6 of Porirua City Council's Code of Land Development and Subdivision Engineering 2010. Where the report identifies development limitations, the General Manager, Environment and Regulatory Services may require that a memorandum of encumbrance on the title shall be entered into giving notice of the limitations or specific development requirements relating thereto. This shall be prepared to the satisfaction of the Council, by the consent holder. The cost associated with the preparation and registration of any memorandum of encumbrances is to be met by the consent holder.

10. The consent holder shall take all practicable steps to ensure that all storm water run-off from the site is treated so that sediment is retained on site and the discharge does not cause adverse effects on the environment through the manner in which it enters either the kerb and channel, the storm water system, or a natural watercourse

11. Land disturbed by earthworks, trenching or building activities shall be regularly wetted to ensure that dust nuisance is maintained within the site.

12. All areas exposed by earthworks, trenching or building activities are to be re-grassed/hydro-seeded or sealed at the earliest possible opportunity following excavation or at the latest within 1 month after completion of the earthworks.

13. The consent holder shall generally conform to the Wellington Regional Council Erosion and Sediment Control Guidelines for the Wellington Region, September 2002, when designing sediment control options for the earthworks on this site.

14. The hours of construction shall be limited to Monday to Saturday between the hours of 7.00am to 6.00pm. No warm up of machinery shall occur before 7.00am Monday to Saturday. No cool down of machinery shall occur after 6.30pm Monday to Saturday.

15. Mufflers shall be used on all earth working machinery to reduce the noise emanating from these machines and thus the effect on adjoining property owners/occupiers.

16. The consent holder shall ensure that any construction, maintenance or demolition activities must be in compliance with section 16 [Duty to Avoid Unreasonable Noise] of the RMA during day time hours (7am-10pm).

B-Subdivision Consent Conditions

General – Applying to all Stages:

17. That the development be in general accordance with the information and plans submitted with the application stamped Approved Plans for Resource Consent RC6601 and held on Council file RC6601 (ref

prepared by Progeni Limited, and Drawings and information contained in Further information received on 20 March 2014, and Diagram showing acceptable locations for stormwater detention tanks, drawing:

), with the exception of the proposed amendment to the original decision for which information and amended plans (

), were received on 16 April 2015 and 29 April 2015, although minor alterations may be approved upon request providing the development is not materially different, the scale and intensity of adverse effects will be no greater, and no approval from affected persons is needed.

18. Individual certifications pursuant to sections 223 and 224(c) of the RMA shall be issued for this subdivision in a series of stages as follows:

  • Stage 1 Lot 1

  • Stage 2— Lots 2, 3, 4, 5 9, 10 and 101

  • Stage 3- Lots 6, 7, 8 and 102

19. The consent holder shall follow all the recommendations contained within the Geotechnical Reports prepared by Coffey Geotechnics (NZ) Limited dated 3 December 2013 and 11 February 2014.

20. The hours of construction shall be limited to Monday to Saturday between the hours of 7.00am to 6.00pm. No warm up of machinery shall occur before 7.00am Monday to Saturday. No cool down of machinery shall occur after 6.30pm Monday to Saturday.

21. Mufflers shall be used on all earth working machinery to reduce the noise emanating from these machines and thus the effect on adjoining property owners/occupiers.

22. The consent holder shall ensure that any construction, maintenance or demolition activities must be in compliance with section 16 [Duty to Avoid Unreasonable Noise] of the RMA during day time hours (7am-10pm).

Prior to commencement of construction

23. Prior to the commencement of any works on the site, the consent holder shall ensure that all silt and sediment control measures are in place in accordance to what has been recommended in the Geotehnical Report prepared by Coffey Geotechnics (NZ) Limited and Further Information Appendix 6, received on 20 March 2014 and plan ref Subdivision Earthworks Consented Vs Proposed, prepared by Progeni Ltd, drawn by Harpham (Progeni), dated 2015-04-24, received via email on 29th April 2015).

24. Prior to the commencement of any works on the site, the applicant shall provide evidence to the Resource Consent Monitoring and Enforcement Team that a suitably qualified chartered engineer has been appointed to carry out the design, supervision and certification of earthworks.

25. Prior to the commencement of any works on the site, the applicant shall provide evidence to the Resource Consent Monitoring and Enforcement Team that a suitably qualified chartered engineer has been appointed to carry out the design, supervision and certification of any drainage works to be accepted by PCC as public drains.


 

26. Prior to the commencement of works, a services plan shall be submitted for Pre Engineering Acceptance showing the layout and position of proposed services (water, storm water and sewer), and any site works and construction (other than residential buildings), to the satisfaction and approval of the General Manager, Asset Management and Operations. All works shall be carried out in accordance with the approved plan.

During the construction

27. The consent holder shall take all practicable steps to ensure that all storm water run-off from the site is treated so that sediment is retained on site and the discharge does not cause adverse effects on the environment through the manner in which it enters either the kerb and channel, the storm water system, or a natural watercourse.

28. Land disturbed by earthworks, trenching or building activities shall be regularly wetted to ensure that dust nuisance is maintained within the site.

29. All areas exposed by earthworks, trenching or building activities are to be re-grassed/hydro-seeded or sealed at the earliest possible opportunity following excavation or at the latest within 1 month after completion of the earthworks.

30. The consent holder shall generally conform to the Wellington Regional Council Erosion and Sediment Control Guidelines for the Wellington Region, September 2002, when designing sediment control options for the earthworks on this site.

Prior to Certification under Section 223:


 

31. Prior to approval under Section 223 of the Resource Management Act 1991, the easements specified on the approved plans (ref Scheme Plan Stage 1 Title Plan LT 478324, generated on 10/02/2015, Scheme Plan Stage 2, prepared by Progeni Ltd, drawn by Harpham (Progeni), dated 2015-05-27 and Scheme Plan Stage 3, prepared by Progeni Ltd, drawn by Harpham (Progeni), dated 2015-05-27); shall be created, reserved and/or cancelled for the purpose specified and endorsed in a memorandum on the Land Transfer Plan.

32. Easements for public services are to be shown on a plan with a minimum of 3m in width over the services, and shall be shown in gross with Porirua City Council as grantee.

    Prior to certification under Section 224:

    33. Positions of all Porirua City Council utility service connections for every proposed lot shall be shown on as built drawings to be submitted for the approval of the General Manager Asset Management and Operations. All PCC assets and service connections are to be shown on the plan together with a set of coordinates in terms of Land and Survey Datum 2000 GD, or by at least two measurements from known points e.g. boundary pegs or manholes. In all cases the depth to the connection point, measured from ground level, of all Porirua City Council service connections shall be shown on the “as built” drawings.

    34. Prior to approval under Section 224 of the Resource Management Act, all related works shall comply with New Zealand Standard: Land Development, Subdivision Engineering NZS 4404:2010, and the PCC Code of Land Development and Subdivision Engineering 2010.

    35. Prior to approval under Section 224 of the Resource Management Act 1991, Lot 1 for Stage 1, Lots 2, 3, 4, 5, 9, 10 and 101 for Stage 2 and Lots 6, 7, 8 and 102 for Stage 3 shall be supplied with power and telecoms services which shall be installed underground and to the satisfaction of the relevant supply authorities.

    36. Prior to approval under Section 224 of the Resource Management Act 1991, Lot 1 for Stage 1, Lots 2, 3, 4, 5 9, 10 and 101 for Stage 2 and Lots 6, 7, 8 and 102 for Stage 3 shall be supplied with an individual water supply and toby. Council will carry out connection to the existing Council main after payment of all associated costs. The consent holder is to arrange for all trenches to be opened (including obtaining a trench opening notice if required) and reinstated to a satisfactory condition.

    37. Prior to approval under Section 224 of the Resource Management Act 1991, Lot 1 for Stage 1, Lots 2, 3, 4, 5. 9, 10 and 101 for Stage 2 and Lots 6, 7, 8 and 102 for Stage 3 shall be provided with an individual 100mm diameter sanitary sewer connection within the lot. Laterals are to be provided by the consent holder, with the actual connection to the main provided by the Council. Connection costs shall be met by the consent holder. The consent holder is to arrange for all trenches to be opened (including obtaining a trench opening notice if required) and reinstated to a satisfactory condition.

    38. All hydrants are to be installed according to the Code of Land Development and Subdivision Engineering and NZS4404:2010. All water reticulation supplying hydrants for fire fighting purposes shall be a minimum of 100mm or larger diameter unless otherwise agreed by Council.

    39. Prior to approval under Section 224 of the Resource Management Act 1991, the consent holder shall submit to the General Manager Asset Management and Operations a GST barter invoice and list of any assets to be transferred to Council ownership together with an asset valuation for each item.

    Stage 1

    Prior to certification under Section 224:

    40. Prior to approval under Section 224 of the Resource Management Act 1991, the consent holder shall seal off one of the existing stormwater outlet pipes at the kerb in front of Lot 1 in a manner that does not allow for any further uses. The consent holder shall produce evidence to the satisfaction of the General Manager Assets Management and Operations Group that the work has been completed, and to show that there will only be one stormwater outlet from Lot 1 to the kerb. This is to ensure that Lot 1 only has a single stormwater outlet in accordance with Council’s Bylaws.

    41. Prior to the issue of approval under section 224 of the Resource Management Act, the consent holder shall pay a Recreation and Civic Development Contribution of $6,382.17 (incl. GST), for the creation of the one additional allotment in the Suburban Zone, pursuant to Section E1.3.2 (a)(i) of the Porirua City District Plan.

      Stage 2

      During the construction:

      42. The foundation of the water reservoir (which comprises three water tanks) shall be designed by a Chartered Professional Engineer in Geotechnical Engineering, who shall provide specific design for foundations of the water reservoir, which takes into account the nature of the earth within proposed Lot 101.

        43. The consent holder shall show the design details of an all weather metal surface that is 3m wide within easement 'L' for the purposes of vehicular access to the water reservoir in easement 'M' (shown on Scheme Plan Stage 2, prepared by Progeni Ltd, drawn by Harpham (Progeni), dated 2015-05-27) on the drawings for Pre-engineering Acceptance and submitted for approval of the General Manager Asset Management and Operations. Any part of the access with gradient greater than 1 in 8 shall be sealed in hot mix.

        44. All fills are to be compacted in accordance with the Code of Practice for Earth Fill for Residential Development, NZS 4431:1989.

        45. The consent holder shall ensure that the proposed water supply works for the water main that is to be located within the easements 'J', 'E', 'L' and 'M' (shown on 'Exploration Heights P1.020.2 Scheme plan stage 2.pdf, dated 2015-05-27) in favour of Greater Wellington Regional Council comply with the conditions contained within the GWRC document, dated 27 February 2014, submitted to Council on 20 March 2014 as Further Information Appendix 3.1.

        Prior to certification under Section 223:

        46. The land transfer plan submitted for Section 223 certification shall include the memorandum of new easements for Stage 2 as shown on plan ref: Scheme Plan Stage 2, prepared by Progeni Ltd, drawn by Harpham (Progeni), dated 2015-05-27, and the schedule of easements to be surrendered shown on plan ref: Scheme Plan Stage 2, prepared by Progeni Ltd, drawn by Harpham (Progeni), dated 2015-05-27

        47. The vegetation protection area on Lots 2, 3, 5 and 10, as shown on the plans (ref Vegetation Protection Areas, prepared by Progeni Ltd, drawn by Harpham (Progeni) dated 2015-04-16) to be shown as CVA.2 on Lot 2 and CVA.3 on lot 3, and CVC.5 on lot 5 and CVB.10 on Lot 10 on the survey plan and referenced as areas subject to protection by consent notices prior to approval under section 223 of the Resource Management Act 1991. This consent notice shall be prepared by Council at the cost of the consent holder.

        48. Prior to approval under Section 223 of the Resource Management Act 1991, the detention basin P1 on Lot 2, as shown on the drawings of Further information Appendix 2, received 20 March 2014, be shown as P1 on Lot 2 on the survey plan and referenced as an area subject to protection by consent notices.

        Prior to certification under Section 224 at the completion of construction:

        Earthworks

        49. Prior to Certification under Section 224 of the Resource Management Act 1991, plans are to be supplied to the satisfaction of the General Manager, Environment & Regulatory Services showing the location of all compaction tests (required by condition no. 44), together with a certificate prepared by an inspecting Chartered Engineer stating the suitability of the earthworks for residential development. If accordance with NZS 4431:1989 is achieved and/or limitations need to be raised with future property owners the consent holder shall apply for consent notices at the time of Section 224 certification. The limitations and ability to identify the limitations on consent notices will be considered by Council at the time of Section 224 certification and the General Manager, Environment and Regulatory Services shall retain discretion of whether consent notices are applicable in this regard.

        49A. Prior to Certification under Section 224 of the Resource Management Act 1991, the consent holder shall remove all uncertified fill within the north west corner of Lot 5 as identified in the Coffey Geotechnical report dated 3 Dec 2013 and obtain certification from a chartered professional engineer that the lot is free from any such fill.

        50. Upon completion of the earthworks (or, if deemed necessary by Council, during the earthworks period) the consent holder shall provide to the satisfaction of the General Manager, Environment & Regulatory Services, a report from a Chartered Professional Engineer in Geotechnical Engineering addressing the stability of the constructed cut batters and fill batters. This report shall give specific reference to section C2.6 of Porirua City Council's Code of Land Development and Subdivision Engineering 2010. Where the report identifies development limitations, the General Manager, Environment and Regulatory Services may require that a consent notice on the title shall be entered into giving notice of the limitations or specific development requirements relating thereto. This shall be prepared to the satisfaction of the Council, by the consent holder. The cost associated with the preparation and registration of any consent notices are to be met by the consent holder.

          Traffic safety and access

          51. Prior to Certification under Section 224 of the Resource Management Act 1991, rights of way easements 'A, 'B, 'C, 'D' and 'E' shown on approved plan ref: Scheme Plan Stage 2, prepared by Progeni Ltd, drawn by Harpham (Progeni) dated 2015-05-27 are to be formed, paved and drained generally in accordance with the Code of Land Development and Subdivision Engineering, the specifications and alignments shown on the drawings of Further Information Appendix 4 received 20 March 2014, and any plans submitted and approved for Pre-Engineering Acceptance.

          52. Prior to Certification under Section 224 of the Resource Management Act 1991, the consent holder shall install a "speed hump" at the entrance to the site within right of way easement 'A'. Final design details can be submitted for Pre Engineering Acceptance for Stage 2 which must allow for overland flow from the private way and detention basin to Exploration Way.

          53. Prior to Certification under Section 224 of the Resource Management Act 1991, the consent holder shall construct a new vehicle crossing at Exploration Way in compliance with PCC's Code of Land Development and Subdivision 2010 and PCC specification 12b as outlined at http://www.pcc.govt.nz/DownloadFile/A-Z-Services/Roading/Vehicle-Crossing-Specifications.

            Stormwater

            54. Detention basin P1 as shown on drawing "Stormwater Catchment Analysis" of Further Information Appendix 2, received 20 March 2014 shall be constructed in conjunction with formation of rights of way 'A, 'B, 'C', 'D' and 'E' and be fully operational prior the issue of a section 224c certificate for stage 2.

            55. That a consent notice shall be registered on the title for Lot 2 under Section 221 of the Resource Management Act 1991, requiring the consent holder or future owners of Lot 2 to comply with the following:

            (1) A privately owned stormwater detention basin shown as P1 on the land transfer plans in Lot 2 for the purposes of treatment and attenuation of stormwater flows from easements 'A', 'B', 'C', 'D' and 'E' and from a watercourse within Lots 2, 3 and 4.

            (2) The water storage capacity of the detention basin is designed to accommodate a storage volume for a one in ten year storm event which must be available and maintained at all times by the owner of lot 2 and if reduced by the build up of siltation material or other debris, must be cleaned out at the sole expense of the lot owner

            (3) The owners are to take care that the detention basin should not be used for any purpose inconsistent with occasional flooding and must keep the flow paths onto the private roadway clear and unobstructed.

            (4) It is the responsibility of the owner to ensure that all pipework including any inlet and outlet structures is maintained in good working order and that all outlets are kept clear at all times.

            (5) Council reserves the right to inspect the pond at any time for the purposes of ensuring the operation and storage capacity of the pond is in accordance with the original design.

            56. That a consent notice under Section 221 of the Resource Management Act 1991 be registered on the computer freehold registers for Lots 2, 3, 4, 5 and 10 to require the consent holder or the future owners of Lots 2, 3, 4, 5 and 10 to install stormwater detention tanks upon the construction of any dwelling or building on those lots. The sizing of any detention tanks shall be in accordance with The Code of Land Development and Subdivision Engineering. The stormwater tanks are to be discharged to the nearest natural overland flow path with the discharge point as far as possible from the nearest boundary or roadway. All pipes shall be properly constructed to ensure prevention of scouring, erosion and silt build up. This consent notice shall be prepared by Council at the cost of the consent holder.

            57. That a consent notice under Section 221 of the Resource Management Act 1991 be registered on the computer freehold register for Lot 9 to advise the consent holder or the future owners of Lot 9 that any increase in impervious area within the lot carried out subsequent to the date of this consent be attenuated on site via a detention tank or similar means to ensure that stormwater flows from this site are maintained at pre consent flow rates. This consent notice shall be prepared by Council at the cost of the consent holder.

            58. Prior to issue of approval under Section 224 of the Resource Management Act, the existing stormwater catchment area (as illustrated on Before Drainage Plan, which is above the adjoining property identified as 59 Exploration Way- dated 6/5/2014) shall be modified in order to achieve the contributing catchment area identified as ‘L’ (as illustrated on Further Information Appendix 2 drainage plan received 20 March 2014) and shall be certified as complying with that area by a Chartered Engineer, such that there are no adverse drainage effects on the adjoining property to the north.

              Water Supply

              59. Prior to Certification under Section 224 of the Resource Management Act 1991, the consent holder shall install the water supply tanks within Lot 101 in the general location shown on approved plan ref: 2013-P1-H Rev B. Tanks and all associated pipe and telemetry equipment are to be installed according to the Code of Land Development and Subdivision Engineering and NZS4404:2010 and the storage requirements for fire fighting purposes for all lots in this subdivision. Council will take over ownership of the tanks and fittings upon satisfactory testing and acceptance for section 224c certification.

              60. Prior to Certification under Section 224 of the Resource Management Act 1991, the consent holder shall install a water reticulation network in general accordance with approved plan ref 2013-P1-H Rev B and located within the easements shown on approved plan ref Scheme Plan Stage 2, prepared by Progeni Ltd, drawn by Harpham (Progeni), dated 2015-05-27 to serve Lots 2, 3, 4, 5, 9 and 10 prior to the issue of a Section 224c certificate. All materials and fittings shall be in accordance with the Code of Land Development and Subdivision Engineering and NZS4404:2010. Connection to the existing water main in Exploration Way will be by undertaken by Council and the applicant shall advise Councils Manager, Waterworks when the trenching and new main is ready for such connection.

              61. Prior to Certification under Section 224 of the Resource Management Act 1991, the consent holder shall install all necessary water supply equipment as outlined in GWRC agreement letter dated 27 February 2014 to enable a water supply to be provided to the storage tanks, all to the satisfaction of GWRC and Porirua City Council. All costs to be met by the subdivider and a 12 months defects liability period shall apply from the date of issue of the 224c certificate for all fittings, materials, valves, telemetry equipment and pipework. The consent holder shall ensure that GWRC receives full design details for the water supply system for their approval, and provides evidence that this has occurred.

              62. A consent notice under Section 221 of the Resource Management Act shall be registered against the new computer freehold registers for Lots 9 and 10 advising that water supply pressures may be less than the working pressure specified in the Code of Land Development and Subdivision Engineering and that pumps may be required in each lot to achieve standard operating pressure, to be supplied by the individual owners of these sites and at their cost.

              63. Prior Certification under Section 224 of the Resource Management Act 1991, the consent holder shall form an all weather metal surface that is 3 metres wide on easement 'L' shown on approved plan ref Scheme Plan Stage 2, prepared by Progeni Ltd, drawn by Harpham (Progeni), dated 2015-05-27 to the satisfaction of Council for the purposes of vehicular access to the water reservoir in easement 'M'.

              Vegetation Protection Area

              64. Condition 65 below shall be the subject of a consent notice under Section 221 of the Resource Management Act registered against the new Certificates of Title for Lots 2, 3, 5 and 10, and will be prepared by Council at the cost of the consent holder.

              65. That the vegetation in the areas identified on the survey plan as 'CVA.2', 'CVA.3', 'CVC.5' and CVB.10' shall be maintained by the land owners, and shall not be further developed or cleared with the exception of the following activities. Any removal of vegetation from these designated areas, the land owners must undertake replanting with suitable sourced species within the next planting season to the satisfaction of Porirua City Council.

              • sustainable taking of dead wood;

              • placement of storm water attenuation systems; and

              • the placement of water storage for domestic water supply.

              Recreation and Civic Contribution Fee

              66. Prior to Certification under Section 224 of the Resource Management Act 1991, the consent holder shall pay a Recreation and Civic Development Contribution of $31,910.85 (incl. GST), for the creation of the four additional allotments in the Suburban Zone, pursuant to Section E1.3.2 (a)(i) of the Porirua City District Plan.

               

              Stage 3

               

              During Construction:

              67. All fills are to be compacted in accordance with the Code of Practice for Earth Fill for Residential Development, NZS 4431:1989.

                Prior to certification under Section 223:

                68. The vegetation protection areas on Lots 6, 7 and 8, as shown on the plan Vegetation Protection Areas, prepared by Progeni Ltd, drawn by Harpham (Progeni), dated 2015-04-16 to be shown as 'CVC.7' and 'CVE.7' on Lot 7, 'CVD.6' on Lot 6, as 'CVE.8' on Lot 8, and 'CVF.102' on Lot 102, on the survey plan and referenced as areas subject to protection by consent notices prior to approval under section 223 of the Resource Management Act 1991. This consent notice shall be prepared by Council at the cost of the consent holder.

                 

                Prior to certification under Section 224:

                Access

                69. Prior to Certification under Section 224 of the Resource Management Act 1991, rights of way easements - 'H and N' shown on approved plan Scheme Plan Stage 3, prepared by Progeni Ltd, drawn by Harpham (Progeni), dated 2015-05-27 are to be formed, paved and drained generally in accordance with the Code of Land Development and Subdivision Engineering and the specifications and alignments shown on drawings in Appendix 4 cross section and long section drawings, received on 20 March 2014 with the exception of the proposed amendment to the original decision for which information and amended plans ref (Carriageway Layout, prepared by Progeni Ltd, drawn by Harpham (Progeni), dated 2015-04-16; Carriageway long sections, prepared by Progeni Ltd, drawn by Harpham (Progeni), dated 2015-01-14 and Cross Section Right of Way Intersection, prepared by Progeni Ltd, drawn by Harpham (Progeni), dated 2015-04-28) were received on 16 April 2015 and 29 April 2015

                Land Stability

                70. A consent notice under Section 221 of the Resource Management Act 1991 shall be registered on the title of proposed Lot 6, alerting future owners of the lot that there is uncompacted fill on Lot 6 and that any building construction or earthworks must be designed by a Chartered Professional Engineer in Geotechnical Engineering, who shall provide specific design for foundations of buildings, earthworks and retaining walls, which takes into account the nature of the earth within the lot, including the presence of uncompacted fill as identified in the geotechnical report by Coffey Geotechnics Limited.

                71. Deleted by variation.

                72. Prior to Certification under Section 224 of the Resource Management Act 1991, plans are to be supplied to the satisfaction of the General Manager, Environment & Regulatory Services showing the location of all compaction tests (required by condition no.67), together with a certificate prepared by an inspecting Chartered Engineer stating the suitability of the earthworks for residential development. If the uncertified fill on Lot 5 is removed to a location within the subject site (as required by condition no.71), the geotechnical engineer shall record the location of the uncertified fill on a plan and supply the plan to Porirua City Council. If accordance with NZS 4431:1989 is achieved and/or limitations need to be raised with future property owners, including the presence of the uncertified fill mentioned above, the consent holder shall apply for consent notices at the time of Section 224 certification. The limitations and ability to identify the limitations on consent notices will be considered by Council at the time of Section 224 certification and the General Manager, Environment and Regulatory Services shall retain discretion of whether consent notices are applicable in this regard.

                73. Upon completion of the earthworks (or, if deemed necessary by Council, during the earthworks period) the consent holder shall provide to the satisfaction of the General Manager, Environment & Regulatory Services, a report from a Chartered Professional Engineer in Geotechnical Engineering addressing the stability of the constructed cut batters and fill batters. This report shall give specific reference to section C2.6 of Porirua City Council's Code of Land Development and Subdivision Engineering 2010. Where the report identifies development limitations, the General Manager, Environment and Regulatory Services may require that a consent notice on the title shall be entered into giving notice of the limitations or specific development requirements relating thereto. This shall be prepared to the satisfaction of the Council, by the consent holder. The cost associated with the preparation and registration of any consent notices are to be met by the consent holder.

                  Water Supply

                  74. Prior to Certification under Section 224 of the Resource Management Act 1991, the consent holder shall install a water reticulation network in general accordance with approved plans ref 2013-P1-H Rev B and located within the easements shown on approved plan ref Scheme Plan Stage 2, prepared by Progeni Ltd, drawn by Harpham (Progeni), dated 2015-05-27 to serve lots 6, 7 and 8. All materials and fittings to be in accordance with the Code of Land Development and Subdivision Engineering and NZS4404:2010.

                  75. A consent notice under Section 221 of the Resource Management Act 1991 shall be registered on the computer freehold register for Lot 102 stating that water supply pressures may be less than the working pressure specified in the Code of Land Development and Subdivision Engineering and that pumps may be required to achieve standard operating pressure, to be supplied by the owners of the land at their cost. This consent notice shall be prepared by Council at the cost of the consent holder.

                    Stormwater

                    76. Stormwater flows from catchment F shall be directed to catchment I as illustrated on Drawing entitled ‘Hydrological Analysis For Whitby Lakes Stream Discharge’ in Further Information Appendix 2, received 20 March 2014. The attenuated discharge from the revised catchment I shall be maintained to pre-development flows to the discharge gully. Appropriate calculations supporting this requirement shall be submitted for Pre Engineering Acceptance by the General Manager Asset Management and Operations.

                    77. That a consent notice under Section 221 of the Resource Management Act 1991 be registered to the computer freehold registers for Lots 6, 7 and 8 to require the consent holder or future land owners to install stormwater detention tanks upon the construction of any dwelling or building on those lots. The sizing of any detention tanks shall be in accordance with The Code of Land Development and Subdivision Engineering. The stormwater tanks are discharged to the nearest natural overland flow path with the discharge point as far as possible from the nearest boundary or roadway. All pipes shall be properly constructed to ensure prevention of scouring, erosion and silt build up. This consent notice shall be prepared by Council at the cost of the consent holder.

                      Vegetation Protection Area

                      78. Condition 79 below shall be the subject of a consent notice under Section 221 of the Resource Management Act registered against the new Certificates of Title for Lots 6, 7, 8 and 102 will be prepared by Council at the cost of the consent holdet.

                      79. That the vegetation in the area identified on the survey plan as 'CVC.7', 'CVE.7' `CVD.6', 'CVE.8', 'CVD.102' and `CVF.102 ' shall be maintained by the land owners, and shall not be further developed or cleared with the exception of the following activities. Any removal of vegetation from these designated areas, the land owners must undertake replanting with suitable sourced species within the next planting season to the satisfaction of Porirua City Council.

                      • sustainable taking of dead wood;

                      • placement of storm water attenuation systems; and

                      • the placement of water storage for domestic water supply

                      Recreation and Civic Contribution Fee

                      80. Prior to the issue of approval under section 224 of the Resource Management Act, the consent holder shall pay a Recreation and Civic Development Contribution of $19,146.51 (incl. GST), for the creation of the four additional allotments in the Suburban Zone, pursuant to Section E1.3.2 (a)(i) of the Porirua City District Plan.

                      (C) Cancellation of Easements

                      That the Council grants approval of the proposed cancellation of easements in Stage 2 of this subdivision as indicated on approved plan Scheme Plan Stage 2, prepared by Progeni Ltd, drawn by Harpham (Progeni), dated 2015-05-27

                      THE APPLICANT IS TO NOTE:

                      Section 243 Certification which relates to the cancellation of easements

                      Section 243 Certificate under RMA 1991 will be issued concurrently with the Section 224 Certificate of Stage 2 subdivision.

                      Local Government Act 2002

                      Pursuant to s.198 and s.208 of the Local Government Act 2002 and the Council's adopted 'Development Contributions Policy' 2009, please be advised that prior to certification under s.224 of the Resource Management Act 1991 or prior to the new connection(s) to the Council's water infrastructure (what-ever comes first), Council requires that the consent holder to pay a Development Contribution of $87, 291.90 inc. GST or at any other rate for this area that is applicable at the time of payment.

                      This amount due is made up of the following:

                       

                       

                       

                       

                       

                       

                       

                      As assessed under Policy dated: 2012

                       

                      Activity

                      HEUs

                      Fees excl.

                      GST rate

                      Fees incl.

                       

                      Water

                      9.00

                      $0.00

                      15.0%

                      $0.00

                       

                      Wastewater

                      9.00

                      $46,710.00

                      15.0%

                      $53,716.50

                       

                      Stormwater

                      9.00

                      $29,196.00

                      15.0%

                      $33,575.40

                       

                      Total

                       

                      $75,906.00

                       

                      $87,291.90

                       

                      Water Pipe Extension and reimbursement

                      The Water Reticulation layout plan 2013-P1-H Rev B shows a 100mm pipe extension between the toby to be supplied for lot 2 and the berm in Exploration Way. This pipe extension is for the purpose of connecting the internal subdivision network to Council’s existing water supply network. The installation cost of this length of pipe will be reimbursed by Council upon satisfactory completion and testing of the pipe and certification of the costs by a Chartered Professional Engineer. The pipe installation is to include such bends and fittings as necessary to enable termination of the pipe at least two metres clear of any private way vehicle crossing formation to enable Council to make such connections to the network in Exploration Way as necessary. These design details are to be shown on the drawings submitted to Council for Pre Engineering Acceptance by the General Manager Asset Management and Operations.

                      Encumbrance (787992.22)

                      As stated in the earlier sections of the report, Council’s Asset Management and Operations Group is supportive of uplifting this encumbrance as long as the consent notices relating to the low water supply pressure are registered on the relevant resultant titles. If that happens, Council will partially discharge the encumbrance at the time of section 224 Certification at Stages 1, 2 and 3 of the subdivision, corresponding with the registration of the consent notices on the relevant resultant titles.

                      Section 357

                      Under section 357 of the Resource Management Act 1991 you have the right to object in writing to all or part of this decision. Notice of this objection must be received by the Council within 15 working days of your receipt of this decision letter.

                      Building Act

                      This is NOT a Building Consent. The Building Act 2004 contains provisions relating to the construction, alteration, and demolition of buildings. The Act requires building consents to be obtained where relevant, and for all such work to comply with the building code.

                      Section 125

                      This consent is subject to section 125 of the Resource Management Act 1991 which states that a resource consent lapses on the expiry of 5 years after the commencement of the consent, unless an extension on time is granted by the Council prior to lapsing of the consent.

                      Earthworks

                      The consent holder should generally conform with the Wellington Regional Council Erosion and Sediment Control Guidelines for the Wellington Region September 2002, when designing sediment control options for any earthworks on the site.

                      Traffic Management Plan

                      If the intended work that is covered by this consent includes any activities within the road reserve, then a Temporary Traffic Management Plan is to be prepared by a person who is certified in accordance with 'Temporary Traffic Management for Local Roads – Supplement to NZTA COPTTM', and submitted to the Manager Roading – Asset Management and Operations Group for review and approval before any physical works within the road reserve are started.

                      Fees and charges

                      Should any additional fees charged for the processing of this application or any financial contributions, levies or bonds required by conditions of this consent not be paid within the deadlines set either through invoicing or consent conditions, this could ultimately lead to Council seeking to recover money owed through the debt collection agency. Should the need arise to use a debt collection agency then the consent holder will be liable for and charged any extra expense that the debt collection service incurs.