Download 1. (general) The development shall proceed in general accordance

1. (general) The development shall proceed in general accordance with the application
documents and plans submitted, except at amended by conditions of consent. These
application documents and plans shall include but are not limited to the following:
•
•
The report prepared by ‘ZoMac Planning Solutions Limited ‘ titled ‘ Countdown
Warkworth-Assessment of Environmental Effects’ October 2009.
The following plans by ASC Architects ‘ Site Plan ‘ 03, ‘ Basement Plan’ 04,
‘ Detail of Supermarket Entry-Neville St’ 06, ‘ Elevation Neville St ‘ 05, ‘ Detail of
Retail Stores-Neville St’ 07, ‘ Elevation Mill Lane ‘ 08, ‘ Canopy Elevation’ 09,
‘Elevation RSA’ 10, ‘ Elevation-Bowling Club ‘ 11, ‘ Supermarket Entry at Neville
Street’ 12, ‘ Loading Bay Entry at Neville Street ‘ 13, ‘ Retail Shops at Neville
Street’ 14, ‘ Carpark Entry at Mill Lane’ 15, ‘ Pound Street Axis ‘ 16, ‘ Mill Lane
from Above’ 17, ‘ Mill Lane at Night ‘ 18, Figure 19 SK09 ‘ Site Plan Store Layout’
, Figure 20 ‘ SK08 ‘ Site Plan Basement Carpark ‘, ‘ Detail Plan of Mill Lane ‘ 21,
‘Gate Detail’ 22,
2. (surveyor certification) In order to ensure the approved building is built in accordance
with the Council approved plans, the consent holder shall employ a Registered
Surveyor at his/her own expense who shall:
Set out the foundations of the proposed structure; and Carry out a survey fixing the
positions and levels of buildings on sites adjacent to the proposed excavations. The
survey should also include photographic evidence of the existing structures, noting
any defects in the current state of the existing buildings; and Prior to the foundations
being poured, certify in writing to the Team Leader Resource Consents that the
foundations have been set out in accordance with the Council approved plans in
terms of levels and position; and confirm that it is built in accordance with the
approved plans.
3. (earthworks design) All earthworks shall be specifically designed to the “Standards for
Engineering Design and Construction” and NZS 4431 by a Chartered Professional
Engineer experienced in soil mechanics. The work shall be generally designed and
executed in compliance with the recommendations contained in the report, prepared
by Soil and Rock Consultants, reference 08625, dated 10 November, 2008.
4. (earthworks) No earthworks or excavation shall commence on site until a building
consent has issued for the proposed retaining works, foundations and earthworks on
the property. The Building Consent Application shall be accompanied by a
statement from a Chartered Professional Engineer qualified in geotechnical
engineering stating that the retaining wall will not in any manner compromise the
structural integrity of existing buildings or require increased foundations for any
permitted activity which may be build on the adjoining property. This assessment
shall take into account any movement of the retaining wall over time and the effect of
any lowering of ground water as a result of the drainage at the rear of the retaining
wall.
5. (design loading)The design and construction of the retaining structure within a
distance equal to its own retained height from the boundary shall provide for any
surcharge load resulting from a driveway and vehicle loads, in the closest possible
position on the adjoining land. This design criterion shall apply whether or not such a
driveway will eventuate.
Note: This provision ensures that a retaining wall on a boundary is designed to a
structural strength so as not to adversely affect the development potential of the
adjoining property. For residential situations the vehicle load is expected to be not
less than 5 Kpa.
6. (temporary support of adjoining property) All excavation shall occur no closer
than 290mm from the boundaries of the site. The excavation shall occur in such
a manner that the land and any structures on the adjoining property will not
collapse or become unstable. Any excavation for a retaining structure within a
distance equal to its own height from the boundary shall have its design,
excavation sequence, temporary support for the excavated ground and
construction of the retaining structure including backfill compaction supervised
by a Chartered Professional Engineer.
Note: The rear of the retaining wall may need to be greater than the 290mm
indicated above from the boundary to allow for a drain and drainage material at
the rear of the retaining wall.
7. (silt retention) Before the commencement of any work on site, adequate silt
retention structures as detailed in the Auckland Regional Council Technical
Publication No. 90 “Erosion and sediment Control Guidelines for Land Disturbing
Activities in the Auckland Region” including suitably constructed stabilised
entrances shall be installed. These structures shall be maintained and cleaned
out as necessary until such time as complete grass cover, or other non-erodible
surfacing, has been established or re-established over the site.
8. (protection of roads) All necessary measures shall be provided or implemented
to prevent the deposition of any slurry, clay or other materials on the roads by
vehicles leaving the site. Should any of such material be deposited on the road,
the excavation and earthworks shall cease immediately until it is removed and
adequate measures installed on-site to prevent further deposition to the
satisfaction of the Consents Engineer.
9. (dust control) All necessary actions shall be taken to prevent a dust nuisance to
neighbouring properties and public roads; including, but not limited to:
•
•
•
•
•
The staging of areas of the works;
The retention of any existing shelter belts and vegetation;
The installation and maintenance of wind fences and vegetated strips;
Spraying of load dumping operations;
Suspension of all operations if necessitated by the prevailing conditions.
The site, or parts thereof as appropriate, shall be regrassed or otherwise
protected from wind and water erosion immediately on the completion of bulk
earthworks whether or not other works are completed.
10. (Health and Safety Plan) A detailed Health and Safety Plan to the requirements
of the Health and Safety in Employment Act 1992, specifically addressing control
of works on and adjacent to public land, and the protection of the public, shall be
submitted to the Consents Engineer prior to the commencement of any works on
the site (refer s.109.1 of the “Standards for Engineering Design and
Construction”). A copy of the Health and Safety Plan shall be kept on the site at
all times. All measures for the protection of the public and other personnel set
out in the Plan shall be maintained and complied with at all times until such time
as the works are completed.
11. (drainage) The sub-surface drainage at the rear of all retaining structures shall
discharge to a stormwater drainage system in a manner approved by the
Consent Engineer.
12. (completion of earthworks and retaining) On completion of earth and stabilisation
works, an Earthworks Completion Report and a Certificate in the form of
Appendix J of the “Standards for Engineering Design and Construction” signed
by the Chartered Professional Engineer who designed and supervised the
works, shall be provided to the Consents Engineer.
13. (stormwater) All stormwater discharges from roofs and paved areas shall be
controlled and discharged through an approved system in accordance with ARC
Technical Publication 10 such that there is no adverse affect on adjoining public or
private lands and before release to the public stormwater extension.. These works
shall be completed prior to the occupation of the proposed building.
14. (parking) Parking for 154 vehicles shall be provided as detailed in the application
plans and to the minimum dimensions required by the Council's “Standards for
Engineering Design and Construction”, which shall take precedence should conflict
arise.
15. (access/parking) All access, parking and manoeuvring areas shall be formed and
paved in a permanent dust free (not metal) surface and marked, to the Council's
“Standards for Engineering Design and Construction” prior to the occupation of any
building.
16. (financial contributions) Pursuant to Operative Plan Change 62 (Chapter 22), the
financial contributions relating to parking shortfall only as set out in the “Schedule of
Financial Contributions, RMA 55743, Sequence 002, attached to this consent shall
be paid to the Council in full mitigation of the offsite parking shortfall effects of the
activity in relation to 20 carparking spaces not being provided.
Note: This contribution is identified in the catchment schedule for Warkworth in
Chapter 22 of the Rodney District Plan-Operative in Part and will therefore only be
used in by Council in Warkworth and only for parking purposes.
17. (reassessment of contributions) Any portion of the contributions (other than
Neighbourhood Reserve Contributions) remaining unpaid on the anniversary of the
date of granting the consent, shall be adjusted by applying any change in the
Producer Price Index – Construction between the date of consent and the most
recent anniversary of the date of consent prior to the payment of the contribution.
Any portion of the contributions (other than Neighbourhood Reserve Contributions)
remaining unpaid five years after the date of granting of the consent, shall be fully
reassessed in accordance with Operative Plan Change 62 (Chapter 22) immediately
before the time of payment.
18. (timing of payment) Pursuant to Rule 22.8.3.3, all contributions shall be paid in full
prior to the commencement of the use, unless other arrangements satisfactory to the
Council have been made pursuant to Rule 22.8.5.
Note: For the purposes of Rule 22.8.3.3, the issue of a building consent shall be
deemed to be the commencement of the activity.
Land Use Advice note
Please note that pursuant to section 198 (1)(a) of the Local Government Act 2002
Development Contributions are applicable to this proposal.
Pursuant to Section 116 of the Resource Management Act 1991 and section 208(a)
(ii) of the Local Government Act 2002, this resource consent shall be deemed to
Commence on the date that the development contribution is paid in cash or by bank
cheque delivered to the Council. The contributions are to be paid prior to the
commencement of the activity or prior to issuing of the building consent whichever is
the earliest.
The applicant is advised that pursuant to section 208(1) of the Local Government Act
2002 the Council may prevent the commencement of the activity or withhold a Code
of Compliance certificate under section 95 of the Building Act 2004 until the
development contributions is paid. The Council may also register the development
contribution under the Statutory Land Charges Registration Act 1928 as a charge on
the title of the land.
It should be noted that the Development Contributions are re-assessed in accordance
with the Long Term Council Community Plan and the Local Government Act and are
subject to change. Any new application will be assessed under the then current
policy.
19. (engineering plans) The engineering works required by this consent shall comply
with the Council's “Standards for Engineering Design and Construction” as may be
amended from time to time. Engineering Plans, as specified in the “Standards”, shall
be submitted to the Consents Engineer, and approval thereto received in writing,
prior to the commencement of any works on the site.
The term 'engineering works' includes, but is not limited to:
The formation of roads, roundabouts, the laying of pipes and other ancillary
equipment to be vested in the Council for water supply, drainage or sewage disposal;
Note:The plans required under this condition are separate to, and do not form
of, any Building Consent that may be required on the subject site.
part
20. (as built record plans) As Built record plans to requirements of the Council's
“Standards for Engineering Design and Construction” shall be submitted to the
Consents Engineer, and approval thereof received in writing, prior to the
commencement of the activity, prior to the occupation of the building.
Note: Engineering Plan approvals, monitoring of construction and processing of As
Built plans will be subject to charges in terms of the Schedule of Fees and Charges
determined from time to time by the Council.
21. (stormwater reticulation) The existing public stormwater system which lies within or is
contiguous to the land in the development shall be extended to the requirements of
the Council's "Standards for Engineering Design and Construction" to serve the
development to become part of the public services of the District.
22. (works on public land) Reinstatement of the surface(s) within or adjoining public land
including legal road shall be completed as soon as possible on completion of the
works affecting the said surface(s), and until such reinstatement is completed the
requirements of the verified Traffic Management Plan and Health and Safety Plan
shall be complied with in all respects.
Note: The titles affected by this application will be required to be held together as
required by the Building Act.
23. (Construction Management Plan) Prior to the commencement of any works on site
that are authorised by this consent the consentholder shall submit and have
approved by Council’s Environmental Protection Officer a ‘ Construction
Management Plan ‘ (CMP). This plan shall include but not be limited to addressing
the following matters:
•
•
•
•
•
•
•
•
Providing a construction timetable;
Dust Management;
Vibration of construction equipment;
Means of compliance with NZS 6803:1999 ‘ Acoustics-Construction Noise ‘;
Maintenance of access to immediately adjoining private properties;
Ensuring pedestrian safety along public footpaths;
Any need for temporary road closures and/or other restrictions on the
surrounding road network for the transportation of plant, machinery and materials
or for other reasons relating to construction activities.
Site perimeter security
•
•
•
•
Maintenance of land stability at the site boundaries.
Advising adjoining land owners and occupiers of planned construction activities;
and
Handling and addressing of complaints.
A ‘ Construction Traffic Management Plan ‘ (CMTP)
24. (monitoring charges) The resource consent holder shall pay to the Council within
one month of the issue of this consent or prior to the activity commencing (whichever
is earlier) the cost, including specialist services, staff time and administration from
the processing of this application together with initial charges for the following
inspections:
Environmental Protection x 4 Site visits
Monitoring deposits will be invoiced by the Council together with the consent
processing charges. Should further monitoring be required to ensure compliance, the
Council will recover the actual and reasonable coast that are incurred for this
monitoring, as set out in the Council’s Schedule of Fees and Charges.
25. (notification of commencement) At least 7 days prior to the work commencing the
resource consent holder shall notify the Council’s RMA Compliance Administrator by
telephone (0800 426 5169) the expected date of work commencing.
26. (Hours of Operation-Construction Activities) Construction activities for works
authorised by this resource consent shall only take place between the following
hours:
Monday – Friday 7:30 pm -5:30 pm
Saturday 8:00 pm-3:00 pm
No construction activities for works authorised by this resource consent shall take
place on Sundays or Public Holidays.
27. Trading Hours-Supermarket) The supermarket shall not be open to patrons beyond
the following hours:
•
Monday-Sunday 8 am – 10 pm
28. Foot-path Levels-Truck Dock) The foot path levels across the truck dock accessways
on Neville Street shall be maintained. This means the road level shall not be
dropped through these accessway points and the construction of the foot path in this
area shall be continuous.
Note: This condition has been imposed to ensure pedestrians who walk along the
Neville Street footpath where the truck duck accessways are located gain a
sense of priority over the entering and existing delivery trucks using the dock.
29. (Operation of Retail Shops 1-5) All the speciality shops on the Neville Street
frontage, shown as Retail 1-5 on the Figure 19 ASC Architects Plan SK09 ‘ Site Plan
Store Layout ‘ shall be constructed prior to the commencement of trading at the
supermarket. In addition to this all of the speciality shops (Retail 1-5) shall be
tenanted within 12 months of the commencement of trading at the supermarket.
30. (Provision of a roundabout) A single lane roundabout shall be installed at the Mill
Lane/Whitaker Street/ Church Hill/Neville Street Intersection. The roundabout shall
be constructed and operating prior to the commencement of trading at the
supermarket.
31. (Roofscape treatment) Any mechanical plant located on the roof of the supermarket
building shall be screened to disguise these fixtures from view points obtained from
elevated land to the south of the development and in particular from residential and
church properties located on Church Hill. Three months following completion of the
construction of the supermarket the consentholder shall provide the Team LeaderResource Consents with written notification from a Heritage Architect, confirming the
screening of root top mechanical plant on the supermarket building has been
undertaken to their satisfaction.
32. (Landscape Plan) Prior to the commencement of any works authorised by this
consent the consentholder shall submit and have approved by the Team LeaderResource Consents, a Landscape Plan which shall include but not be limited to
addressing the following issues:
•
Landscaping on the street boundaries of the site, involving native planting.
Note: This planting should be appropriate to the commercial environment and be
capable of achieving a suitable scale and provide a visual coherency to the Kauri at
the frontage of 18 Kauri Street and the Mahurangi River embankment.
•
Native planting on the northern and southern boundaries of the site that front the
RSA and the Warkworth Men’s Bowling Club.
•
A clear outline of what landscape mitigation and paving treatment will take place
outside of the legal boundaries of the site and what practical arrangements have
or intend to be made to ensure the landscaping and paving treatment in these
areas, can be implemented.
•
Specific Landscape Mitigation for the loss of the Jacaranda and Rimu tree on the
Neville Street frontage. If implementing this specific mitigation involves the
relocation of existing services within the public road corridor or an assessment of
how the position of this mitigation may affect sightline requirements for vehicle
crossing points, then this shall be undertaken at the full cost of the consentholder.
33. (Signage) The signage on the two street facades of the supermarket building shall
not exceed the following area:
Mill Lane- 51.8 m2
Neville Street-50.4 m2
The façade signage for the five retail shops shall not exceed the following area:
Retail 1- 6.0 m2
Retail 2- 9.6 m2
Retail 3- 9.6 m2
Retail 4- 6.0 m2
Retail 5 -9.6 m2
34. (Fire Service) The single lane roundabout that is required to be installed at the Mill
Lane/ Whitaker Street/Church Hill/ Neville Street Intersection under condition 30 of
this consent, shall be designed in such a way as to allow fire appliances to easily
navigate it.