RESOURCE MANAGEMENT ACT 1991 ASSESSMENT AND …Site Layout: Petroleum Services (2001) Ltd have drawn preliminary plans, dated 10 Jun 19, of behalf of Waitomo Energy Ltd. These plans

RMA/2019/190 – 301 Casement Road, Whangamata 1

RESOURCE MANAGEMENT ACT 1991

ASSESSMENT AND DETERMINATION OF AN APPLICATION

FOR RESOURCE CONSENT

NON-COMPLYING ACTIVITY

LAND USE CONSENT

Reporting Officer: Julieann Dyer Consent Number: RMA/2019/0190 Applicant: Waitomo Energy Ltd Site Address: 301 Casement Road, Whangamata Legal Description: Lot 34 DP 36497 (SA1269/00) Application: To establish and operate an unmanned fuel stop (service

station) and associated signage

1.0 Introduction 1.1 Description of the Proposal Louise Feathers Planning Ltd have prepared an application for land use consent, dated June 2019, on behalf of Waitomo Energy Ltd to establish and operate an unmanned fuel stop activity (service station) at 301 Casement Road, Whangamata. The activity would be located on a corner site located within the Light Industrial Zone. The fuel stop would provide petrol and diesel fuel for sale to trucks and light motor vehicles. The activity would be unmanned and would not include a retail shop, workshop or servicing facility. Fuel would be available 24 hours, purchased directly at the pump. Hazardous Substances: Fuel would be stored in an underground fuel storage tank. The tank would have a 90,000-litre capacity, and be divided into three compartments as follows:

30,000 litres of diesel, and

60,000 litres of petrol (40,000 litres of unleaded/91 and 20,000 litres of premium/95)

An Environmental Response Plan and Hazardous Operation Plan have been submitted with the application. This confirms that the proposal would comply with the relevant industry standards and code of practice for the construction, storage and operations of hazardous substances. Site Layout: Petroleum Services (2001) Ltd have drawn preliminary plans, dated 10 Jun 19, of behalf of Waitomo Energy Ltd. These plans include a site layout, surface water and drainage plan, hazards plan, elevations, fuel delivery pipes, cable routes, tank refilling hazard details, etc.


The layout and proposed development of the site would occur as follows:

A fuel forecourt area comprising of two islands with fuel dispensers and associated

payment kiosk and lighting, enabling four fuelling lanes.

An electrical cabinet of 1.5m in height is proposed in the north-east of the site

Three underground storage tanks located centrally within the forecourt area

A freestanding tombstone fuel price sign would be located in the south east corner of the

site

Various ancillary signage (including directional and general safety and instructional

signage) all associated with the fuel stop activity

Installation of two new vehicle crossings. An entrance is proposed along Martyn Road and

an exit is proposed onto Casement Road.

Landscaping, Earthworks and permeable Areas: The site is relatively flat. A maximum of 210m³ of earthworks is proposed, this would include the proposed underground fuel storage tanks to be buried on site. No landscaping is proposed. The preference is for sealed (impermeable) surfaces with the proposed activity, particularly with respect to management and containment of fuel spills. Boundary Treatment: There would be an open boundary with 303 Casement Road. This adjoining property is also zoned Light Industrial and it is understood by the applicant, that the owner is seeking to develop this site. A 1.2m high timber fence is proposed along the road boundary on the Martyn Road side of the site. Road Network: The application site has frontage to both Casement Road and Martyn Road. Casement Road is a local road, and Martyn Road is an urban collector road. The posted speed limit in the area is 50 km/h. The stretch or road adjacent to the site is straight in both directions with relatively clear sight lines in all directions. For this reason, the applicant considers the site suitable for a fuel stop activity. Traffic: The fuel stop activity would be unmanned and would not include a convenience store. Based on the fuel stops owned and operated by the applicant, it is anticipated that traffic trips would be by-pass trips, rather than new traffic on road trips, and is therefore considered by the applicant, to result in very little, if any, additional traffic movements. Expected patronage is anticipated to be between 200-300 vehicles per day, and that many of the patrons would already be travelling on the road. An integrated Traffic Impact Assessment has been provided as further information (see below). This report supports the applicant’s assessment that traffic from the proposed activity would be easily accommodated into the existing road network.


Access and Manoeuvring: A separate entry and exit point are proposed on site. This would allow for one-way traffic flow through the site, with vehicles entering from Martyn Road and existing onto Casement Road. The applicant has advised that there is sufficient space available on site for fuel tankers to safely access the fuel forecourt area by entering and exiting the site in a forward-facing motion. It is proposed that the vehicle entrance on the Martyn Road side of the site is 9m wide, and the exit to casement Road would be 7.46m wide. The width of the proposed vehicle crossings is considered by the applicant, to be sufficient to accommodate the tracking path of fuel tankers, trucks and would ensure all vehicles to safely enter and exit the site is a forward motion. On-Site Parking: No on-site parking is proposed. This is because the proposal is for an unmanned fuel stop. There is essentially no floor space associated with the activity, or staff or reason for people to park and stay, other than to refuel. Infrastructure: The applicant intends to retain existing reticulated services as necessary. It is assumed that there is an existing power connection to the site and is intended to be confirmed prior to works on site. The applicant notes that an existing electricity power pylon and cable is positioned on the north eastern boundary of the site. The applicant intends to relocate and underground this utility as necessary to accommodate the proposed crossing. Approval from the utility provider has been sought and obtained as part of the further information on the application. Signage: The applicant intends that all signage would be associated with the proposed fuel stop activity. A freestanding tombstone sign would advertise the name of the fuel stop, the price of the fuel. Initially measuring 9m high by 2m wide, the size of the sign has been reduced to 5.4m in height x 2m wide. This is to the size of the sign is comparable to other signage in the area and has been amended as part of the further information on the application. Directional signage is proposed adjacent to the vehicle crossings and other directional signage to clearly identify the location of the vehicle access and egress. The signs would be double sided and approximately 0.7m high. All other accessory signage would be minor signs containing general safety and operation information associated with the refuelling activity. Lighting: Eight light poles (as illustrated on the revised site plan) are proposed on site to illuminate the site and forecourt at night. Two light poles are proposed in the centre of each fuel pump isle (referred to as the refuelling islands). There are two proposed refuelling islands and therefore four light poles to the centre of the site. Another four light poles are illustrated around the site, three of which are located within the 6m front yard (two along Martyn Road, and along Casement Road). A fourth light pole is proposed in the far (western) corner of the site.


A light spill elevation plan has been submitted (as further information). This illustrates the poles would be 4m in height with downward directional lights that provide a light spill down onto the forecourt in a 6m radius around the light. The following response has been provided to the request for further information about the lighting of the site:

Please find attached a light spill elevation plan which indicates the extent of the light spill is approximately 6m either side of the lighting pole. The lighting pole has downward facing LED lights angled to achieve lighting cover on the forecourt. In addition to the lighting poles located on the refuelling islands, three 4m high lighting poles are located in the 6m front yard setback. A light spill of 6m will extend into the adjacent roads but will not have any spill on the neighbouring sites land directly opposite the site and hence no effect.

It is understood the lights would operate overnight (exact hour not determined) and would operate in conjunction with the main fuel sign (advertising the name of the fuel stop and the price of fuel). This sign would also be illuminated from within. 1.2 History The site has historically been used for residential purposes. Council’s records indicate various building permits and consents granted between 1968–1992, for residential activities. While no pre-application meeting was held with Council, general information about the relevant rules in the Proposed District Plan were obtained from the Duty Planner. 1.3 Site and Locality Description A site visit was undertaken on the 24 June 2019. The subject site is an 804m² corner site, with road frontage to both Martyn Road and Casement Road. The site currently contains an existing dwelling (old bach) and a single pine tree towards the centre of the site. The site is located within the Light Industrial Zone, as are the directly adjoining properties to the south, west and across the road to the north. The properties across the road to the east are zoned Residential (refer Figure 1). This end of Casement Road is a loop road, which links back onto Martyn Road which is identified as an urban collector road. Various industrial and commercial activities are located within the Light Industrial Zone, including big retail outlets such as Bunnings, and New World The site is located on the fringe of the Light Industrial Zone, across the road from an urban area that contains a mix of housing. The site is located away from the main retail area of Whangamata located along Port Road, further to the east.


Figure 1 – Zoning under the Proposed District Plan 1.4 Locality Plan


1.5 Internal Referrals The application has been referred to Council’s Development Engineer for comment and assessment. Council’s Development Engineer has recommended a number of conditions and is satisfied the proposal meets the relevant engineering requirements. 1.6 Further information A letter requesting further information of the application was sent to the agent on the 24 May 2019. The following further information was required to consider the application:

1. An Integrated Traffic Management Plan prepared and assessed by a suitably qualified and experienced professional. This is to further consider the impact of the activity on the safe and efficient operation of the existing road networks, especially during peek times such as summer and public holidays.

2. Further consideration of the relevant assessment criteria matters under Section 39 –

Transport of the Proposed District Plan.

3. Council’s Development Engineer also requested a traffic management plan, plus

confirmation from the electricity provider that the power cable in the proposed vehicle entrance along the Casement Road, road berm could be relocated, and

evidence of tracking curve movement for trucks to the casement Road exit.

4. Further details on stormwater management to prevent hazardous substances entering the stormwater network.

5. Evidence that the proposal would meet the lux spill standard for lighting overnight.

6. Evidence that emergency measures have been put in place by a suitable qualified and

experienced person, and that there is a specific contact for such matters.

7. Evidence that the proposal would not generate noise above permitted standards, particularly overnight.

8. Confirmation that the proposal does not require consent form the Waikato Regional

Council. 1.7 Response to Further Information A response to this further information was received 19 August 2019. The following further information was provided:

Response to further information

Traffic Assessment prepared by Harrison Transportation, dated August 2019, Ref 354 TA

v1

Maintenance Service Agreement prepared by Carlyon Services, dated May 2019,

Environmental Response Plan for Whangamata prepared by Waitomo,

Fuel Stop Environmental Plan, prepared by Waitomo,

Generic Light Spill, prepared by Petroleum Services Ltd,

Response from Carlyon Civil Construction with regards to removal of power pole,


Noise Assessment prepared by Marshall Day Acoustics, dated 14 August 2019, ref Rp 001

20190805,

Details of Stomrwater Treatment & Hydrocarbon Capture by SPEL Environmental,

Revised Site Plan, entitled “Waitomo Fuelstop, 301 Casement Road, Whangamata, Site

Plan”, dated 7 Aug 19, Rev 3 (Sheet 1 of 11) prepared by Petroleum Services (2001) Ltd.

This revised site plan received as part of the further information dated 19 August 2019, has subsequently been amended. A new site plan and elevation plan, have been received 30 September 2019, which illustrate the revised height to the proposed tombstone sign of 5.4m, as follows:

Revised Site Plan, entitled “Waitomo Fuelstop, 301 Casement Road, Whangamata, Site Plan”, dated 9 Sept 19, Rev 5 (Sheet 1 of 11) prepared by Petroleum Services (2001) Ltd.

Revised Elevation Plan, entitled “Waitomo Fuelstop, 301 Casement Road, Whangamata, Site Plan”, dated 9 Sept 19, Rev 2 (Sheet 3 of 11) prepared by Petroleum Services (2001) Ltd.

The further information provided prompted assessment of the proposal against: Section 47, Rule 10, Noise Not Covered by another Rule in Section 47 Noise not covered by another rule in Section 47 is a permitted activity provided:

a) It is from a temporary site or building maintenance activity between 7 am and 8 pm; or

b) It is from emergency service training or emergency response activities; or

c) It is from military training; or

d) It is from the temporary use of an emergency electricity generator; or

e) It is from a temporary construction activity that complies with NZS 6803:1999 Acoustics –

Construction noise; or

f) It meets the noise standards in Table 2.

Table 2 - Maximum Noise Level Standards

Measured at Time period LAeq (15 min) LAF max

1. The receiving site at any point within the:

Airfield Zone

Commercial

Zone

Industrial Zone

Light Industrial

Zone

Marine Service

Zone

Recreation

Active Zone

Road Zone

At all times 70 dB N/A

http://eplan.tcdc.govt.nz/pages/plan/Book.aspx?exhibit=TCDC_Appeals2016_External






2. At any point within the notional boundary of a site within any other zone not listed above

Monday to Saturday 7 am to 10 pm

60 dB N/A

3. Sunday 7 am to 6 pm 60 dB N/A

4. At all other times 50 dB 65 dB

Comment: A report and further information prepared by Marshall Day (dated 14 and 30 August 2019) using predicted noise levels from the Waitomo unmanned services station confirms that in their professional opinion the proposal would comply with the noise standards of the Proposed District Plan. Section 47, Rule 7, Earthworks

Earthworks are a permitted activity provided:

a) They are for flood defence installation, maintenance or removal commissioned by the Waikato Regional Council; or

b) They are for drainage works installed below ground level where the ground surface is fully restored and planted within 3 months from when work started; or

c) They are for land cultivation or domestic gardening; or

d) They are for utility installation, maintenance, upgrading and/or removal by the Council or a network utility operator; or

e) They are to establish a building platform, and the earthworks are completed, and covered by a building or stabilised, within 3 months from when work started; or

f) They are for temporary stream and river gravel extraction and crushing facilities; or

g) They meet the following standards:

i) The standards in Table 1; and

ii) Silt and sediment resulting from the earthworks remain within the site; and

iii) Any surplus excavated material is reused on the site or is removed from the site within 3 months from when work started; and

iv) The earthworks are stabilised within 3 months from when work started; and

v) For fills/cuts to be assessed separately for the purpose of the Table 1 standards, a flat 'terrace' between fills/cuts must have a width perpendicular to the adjoining fill/cut that is more than twice the height of the adjoining fill/cut above the terrace. Otherwise, the earthworks are treated as one fill/cut.

Table 1 - Earthworks Standards

1. Maximum area per site per calendar year 1,000 m2

2. Maximum volume per site per calendar year 1,000 m3

3. Maximum height of any fill and/or cut 5 m

Minimum Setback Distance of Earthworks

4. From a site boundary, a building foundation, or a cliff (1:2 gradient or steeper)

to the toe of a fill (without a legally established retaining wall)

Equal to the maximum height of the fill































5. to the toe of a cut (without a legally established retaining wall)

Equal to 1.5 times the maximum depth of the cut (also see 6. below)

6. to the crest of a cut (without a legally established retaining wall)

0.3 m (also see 5. above)

7. to top or bottom of a legally established retaining wall supporting a cut or a fill

Equal to the maximum height of the retaining wall

NOTE 1. For diagrams illustrating the above setback distances, refer to 'Earthworks' in Section 3: Definitions.

8. From buried Council-owned wastewater, stormwater or water pipe

The depth of the pipe plus the pipe radius (i.e. a 45° setback zone either side of the pipe)

Comment: Further information on earthworks (dated 11 September 2019) from Charlotte of Louise Feathers Planning confirmed the following depth, area and volume of earthworks and setbacks from the boundary would comply with the standards. Total depth of cut: Tank diameter of 3000mm + backfill of 450mm + 150mm thick reinforced slab = 3600mm total cut depth. This complies because it is less than 5 metres excavation. NB For reference, please refer to Maskell Envirotank Install data, page 4, Traffic Loads 1.2 – 3.0 metre diameter tanks. Minimum Setback Distance for Excavation: The distance from the side of the tank to the boundary is 7metres. Total depth of cut is 3600mm x 1.5 depth of cut = 5400mm. This complies per Table 1 (earthworks standards).

2.0 Planning Framework The Proposed District Plan decisions were publicly notified on 29 April 2016 and from this date the Proposed District Plan has had legal effect. The appeal period on the Proposed District Plan decisions closed on 13 June 2016. The Appeals version of the Proposed District Plan is now the working document. Under section 86F of the RMA, a rule in the proposed plan must be treated as being operative (and any previous rule as inoperative) if no appeals have been lodged in relation to it. If a resource consent application triggers the consideration of a rule in the Proposed District Plan has been appealed, the corresponding rule in the Operative District Plan will continue to have legal effect until that appeal is resolved. Therefore, both rules are relevant to the assessment of that resource consent application. When considering the weighting between the Proposed and Operative District Plans, the relevance of the issues at appeal will need to be considered in this assessment. I have assessed the proposal against the relevant rules of the Proposed District Plan, and I am satisfied that they are not the subject of an appeal and may therefore be 'treated as operative'. I do not consider the applicable provisions of the Operative District Plan to have any weight in this matter.




2.1 Special Purpose Provisions and Overlays Proposed District Plan N/A 2.2 Zoning Proposed District Plan Light Industrial Zone 2.3 Designations, Limitations and Interests The site is not affected by any designations or limited by any interests registered against the Record of Title (Certificate of Title). 2.4 Reasons for Consent Resource consent is required under the RMA for the following reasons: Proposed District Plan Light Industrial Zone: Section 47, Rule 18 - Activities Not Provided for in Section 47 An activity not listed in the Activity Table at the beginning of Section 47 but is listed in the Activity Summary Table (in Section 1.8) and is not a district-wide activity is a non-complying activity.

A service station is not a district-wide activity but is listed in the Activity Summary Table (in

Section 1.8). The activity is therefore a non-complying activity.

District Wide Rules: Section 36.5, Hazardous Substances, Rule 3 – Retail Sale of LPG, Petrol or Diesel The retail sale of LPG (except when permitted in Table 3), petrol and/or diesel is a controlled activity provided:

a) The site has no more than:

i) An aggregate six tonnes of LPG stored; and ii) An aggregate 100,000 litres of petrol stored; and iii) An aggregate 50,000 litres of diesel stored; and

b) No storage tanks for petrol or diesel are above ground; and

c) It meets the standards in Table 4 at the end of Section 36.

The retail sale of 60,000 litres of petrol and 30,000 litres of diesel are proposed, with storage tanks below ground that would meet the standards in Table 4 at the end of Section 36. The storage and sale of fuel is therefore a controlled activity.

Section 39, Transport, Rule 5, Vehicle Crossing A vehicle crossing is permitted, provided…


g) It meets the sight and separation standards in Table 3 or 4 (A62) and

h) The vehicle crossing is provided from the formed carriageway of a road or service lane, and

i) Where a site has two road frontages, the vehicle crossing is form the road with the lowest

classification in the Road Hierarchy (see Section 18 Transport)…

Two vehicle crossings are proposed one on Martyn Road and one on Casement Road with

Martyn Road having a higher road hierarchy classification (urban collector) than Casement

Road (which is a local road). Therefore, the vehicle crossing that does not meet this rule is

a restricted discretionary activity.

Note: The location of the Casement Road crossing has been revised to comply with the 10m setback from an intersection as required by the Table 4 separations standards. As there would be no staff, convenience shop, work-bay, carwash, or hose/vacuum facilities, no onsite parking is required or proposed. And, the provision for one loading bay can be achieved. Therefore, the proposal complies with the vehicle parking, loading and manoeuvring rule. National Environmental Standard The site has been used for residential purposes in the past, and is not listed as a known HAIL activity site. The NES for soil contamination is not considered to be triggered in this instance. 2.5 Activity Status The application shall be assessed as a NON-COMPLYING ACTIVITY.


Section 95A and 95B

Report Determining Notification of an Application

3.0 Public Notification Assessment - Section 95A Section 95A of the RMA requires a step by step process to determine whether public notification of an application is required or precluded in certain circumstances. Step 1: The provisions in sections 95A(2) and (3) explain when public notification is mandatory. The application must be publicly notified if any one of the following apply:

(a) the applicant has requested that the application be publicly notified; or

(b) public notification is required under section 95C; or

(c) the application is made jointly with an application to exchange recreation reserve

land under section 15AA of the Reserves Act 1977.

The applicants have not requested public notification of the application, public notification is not required under section 95C, and the application does not involve recreation reserve land. Step 2: If none of the criteria in sections 95A(2) and (3), Step 1, are met, then we are required to proceed to sections 95A(4) to (6) which describe when public notification is precluded. Where public notification is precluded we are then required to go to Step 4 section 95A(9) and consider whether there are any special circumstances. Public notification of this application is not precluded under Step 2, sections 95A(4) to (6). Step 3: If any of the criteria in step 2, section 95A(5) are not met, then we must consider sections 95A(7) and (8) and whether public notification is required. If either of the criteria in section 95A(8) are met, then the application should be publicly notified. For example, a rule in a plan or national environment standard requires public notification or the activity will have or is likely to have adverse effects on the environment that are more than minor under section 95D. Under section 95A(8)(b), public notification is required if the Council as consent authority decides, in accordance with section 95D, that the activity will have or is likely to have adverse effects on the environment that are more than minor. In determining whether an application will have adverse effects on the environment that are more than minor, section 95D requires that Council disregard:

any effects on persons who own or occupy the land in, on or over which the activity will

occur; or

any land adjacent to that land; and

trade competition and the effects of trade competition; and

any effect on a person who has given written approval to the application.

In addition, the Council may disregard an adverse effect of the activity if a rule or national environmental standard permits an activity with that effect. NB I do not consider that there is any relevant permitted baseline. I note service stations are not provided for in the Light Industrial Zone. As such, the activity is Non-Complying. I consider the adjacent properties to the site as those shown with a tick on the map below:


I also note, written approval for the proposal has been obtained from the following people and/or groups: Person (Full Name) Owner/

Occupier Legal Description

Address Written Approval Obtained

S Lang & D Carson Lot 58 DP 36497

300 Martyn Road / 224 Aickin Road, Whangamata

20/09/2019

P J & P I McInnes Lot 1 DPS 85392

225 Casement Road, Whangamata

16/09/2019

D A Laraman, Jones & Laraman Trustee Company Limited

½ share of Lot 11 DP 36497


25/09/2019

Assessment of Adverse Effects on the Environment I have considered this application and it is my opinion that any adverse effects that may arise from the proposed activity would fall largely into the following categories:

Character and Amenity

Traffic Impact

Hazardous Activity

Stormwater Runoff & Waste

Construction Effects


Character and Amenity The subject site is located on a corner site, opposite established dwellings in the Residential Zone. The main concern in terms of character and amenity effects pertain to the changes in noise, light and movement and resultant effects that may be experienced by residential property owners in the area. Historically the subject site has contained a bach. The site is zoned Light Industrial Zone (PDP) and some form of light industrial activity could reasonably be expected to occur on this site, the proposal is a service station which would operate 24 hours a day / 7 days a week. With this, the site would be illuminated all night, and business activity would occur throughout the day and night. With these hours of operation and because the site would operate unmanned, I consider that there is the potential for minor adverse effects to be experienced by the residential property owners in the area (refer s95B for affected persons). Lighting: It is noted from the revised site plan that a total of eight light poles would be erected on site. Each light pole is understood to be 4m high and would provide downward directional light, spilling out at a radius of 6m as seen on the ground around each light pole. I note four lights are proposed to the centre of the site (around the two fuelling islands), and four lights are proposed at the outer edges of the site (two adjacent to Martyn Road, one adjacent to Casement road, one in the far, north-western corner of the site). It is also understood that the proposed 5.4m high sign (full length signage pylon) would also be illuminated from within to ensure the Waitomo name and fuel prices are visible at night. While the proposed lighting would be directed towards the ground, I consider that there would be a cumulative effect from the proposed lighting on site, which would include the internal lighting from the 5.4m high pylon sign, proposed at the corner of the site. Because such lighting would be operated throughout the night, I consider the night-time illumination of the site and signage to have a minor adverse effect on the amenity of the area and in particular the residential properties that are located across the road from the site (to be addressed later in s95B assessment). Noise: A report has been prepared by Marshall Day (Acoustic Consultants), using predicted noise levels for the Waitomo unmanned services station. This report confirms that in their professional opinion, the proposal would comply with the Light Industrial Activity noise standards of the Proposed District Plan. However, a service station is an activity not anticipated by the plan in this location. It may not be appropriate to rely on the permitted standards (i.e. noise) for the zone to demonstrate that the activity is acceptable in this location. I note that the noise assessment did not cover the noise associated from the customers themselves, or any noise from the customers of passengers who may be present on site while a purchase is made. The Marshall Day report was based only on predicted vehicle movements entering and leaving the site. This is acknowledged in the Marshall Day report, and to address this, a condition was recommended, should approval be granted, that signs are installed near the pumps, asking customers to minimise their noise and be considerate of neighbouring houses. I note that there would be no ability for the applicant or the Council to enforce the requirement to be quiet on the site.


While I consider that such a recommendation is desirable, I also acknowledge that such a request may be difficult to administer/control. In my opinion, this would not negate or effectively mitigate the potential effects from noise disturbance from customers occupying the site, particularly at night when ambient noise is at its lowest. Accordingly, noise, like light can be a cause of disturbance to established residential amenity values. Because the site would operate during the night-time, and the proposed activity would be unmanned, it would be difficult to control the effects of noise generated by customers entering and leaving the site. Therefore, I consider the proposed activity may generate minor adverse effect on the amenity of the residential properties that are located across the road from the site. Traffic Effects The subject site is located on a corner site, at an intersection with Casement and Martyn Road. Martyn Road is a district arterial road and Casement Road is a collector road. This intersection also connects Casement Road to Aickin Road – which forms a loop road that provides access to the Light Industrial Zone. Most traffic visiting the Light Industrial Zone needs to enter or leave via Casement or Aickin Road and comes out onto Martyn Road. There are various existing commercial and industrial activities located in this zone, including the New World supermarket, Bunnings Warehouse as well as other marine, industrial and trade services. The activity is an unmanned service station with four lanes either side of two pump islands. The development of the site would result in a one-way entry/exit from the site. Entry would be via a crossing on Martyn Road, and exist would be out onto Casement Road. The main concern in terms traffic effects is the ability of the existing road network to accommodate the proposed activity on site, and the impact of the activity on the safe and efficient operation of the road and the Casement Road intersection with Martyn Road. It is also recognised that there would be potential character and amenity effects. Traffic Amenity Effects: Ultimately a service station is considered a high traffic generating activity (in terms of movement on and off the site) and it is noted that this site is located directly adjacent to a residential area. Accordingly, properties in the immediate area are likely to experience minor amenity effects (noise, including car doors opening and closing, increase movement, headlights lights from cars and trucks at night) from vehicle movements entering and leaving the site. Road User Effects: In terms of broader traffic and road user safety concerns, Council requested that a traffic impact assessment (TIA) be prepared by a suitably qualified person and that consideration be given to the integrated management of traffic from the proposed activity into this environment. Council’s Development Engineer also had concerns about the entry and exit points for the site. It was noted that an existing power/utility pole was positioned in the location of the proposed vehicle crossing exit point. Confirmation has since been provided by the utility provider that this pole can be removed and utilities provided underground. The Casement Road exit point and crossing has subsequently been amended and would now comply with the 10m setback requirement of the Plan. A TIA has been prepared by Harrison Transportation that concludes that the fuel stop can readily be accommodated within the local transport environment. This report does not address the amenity effects of operating a petrol station across the road from established residential sites. Rather this


report considers the impact on the existing intersection, and road use capacity, and the ability for vehicles and trucks and cars with boats and trailers to enter and leave the site. I note the TIA is based on predicted vehicle movements on site and traffic activity is largely expected to be pass-by trips. I also note that it is recommended within the TIA that no-stopping lines are placed along Casement Road to improve sight-lines. Council’s Development Engineer has reviewed the proposal and traffic report and is satisfied with the information provided, and has recommended suitable conditions of consent. A full copy of the Development Engineer’s report is attached to this file (RMA20190190) however I note the following comments with regards to traffic:

No onsite parking spaces are required as there are no retail or garage facilities proposed. Sufficient onsite parking is proposed adjacent to the fuel dispensers for vehicles to refuel. A transportation assessment has been undertaken by Harrison Transportation dated August 2019, ref 354 TA v1. The assessment addresses traffic movements, effects and manoeuvring.

Recommendations have been made with regards to sightlines and suitable conditions of consent shall be imposed. Based on the plans and information provided and the assessment of the TIA provided the potential for adverse effects on the existing road network and road user safety are likely to be negligible. However, while it is accepted that the traffic generated by the proposal would generally be accommodated by the local road network, the traffic movement on site would still cause minor amenity effects on the residential properties across the road and may still result in minor traffic effects during peak periods such as the Christmas/New Year period and during local events i.e. Beach Hop (which is not covered by TIA report). Hazardous Activity The proposal is to establish and operate an unmanned fuel stop facility in the Light Industrial Zone. Further information has been received with regards to installation of petrol tanks, operation, and maintenance. The main concern pertains to appropriate hazard management, and potential spill of hazardous substances. The applicant has provided the Council with details of appropriate spill contingency and a hazard response plans for the site. Accordingly, the Environmental Management Plan and Hazardous Operations Plan prepared for the proposal have assessed the potential risks associated with the storage of hazardous substances. I note that the proposed fuel storage tanks and associated forecourt have been designed in accordance with the relevant guidelines and standards for the storage and use of hazardous substances. Overall, it is considered that in meeting the requirements of the relevant legislation and standards the proposal would not give rise to risk to human health or result in adverse effects on the environment. With adherence to conditions of consent and with suitable management plans in place the potential for adverse effects from the storage of hazardous substances are likely to be negligible. Stormwater Runoff & Waste: Runoff from the site and the treatment of stormwater has been considered and addressed by the applicant. An interceptor (Spel Purceptor) would be installed within the site along with procedures


detailed within the Environmental Management Plan to prevent possible spill and discharge into the stormwater network and discharge out into the receiving environment. Council’s Development Engineer has made the following notes:

The site has an existing 100mm residential sewer connection. A trade waste consent may be required for this proposal. The site is within Council’s area of service for stormwater reticulation. The site has an existing residential stormwater connection. Internal stormwater requirements will be addressed through the building consent process but it is expected that attenuation will be required to limit flows from the site to predevelopment levels.

Conditions would be imposed with regards to development and management of the activity on the site, based on the plans and information provided. The potential for petrol spill or waste runoff is considered to be captured by the design and management plans in place for the site. Therefore, the potential for adverse effects on the existing environment in terms of stormwater runoff and any waste are likely to be negligible. Construction Effects The construction of the forecourt, installation of the tanks, crossing, signage and associated infrastructure would have temporary effects, associated with noise movement and soil disturbance, particularly on nearby residential property owners. However, these effects would be limited to a short duration and would be managed through conditions of consent, as anticipated by the applicant. These would include the need for sediment controls and site management of activities during construction. I note temporary construction noise is permitted by the plan in accordance with NZS 6803: 1999 – Acoustic Construction. Step 3 Conclusion Having considered the information submitted with the application and visited the site. It is my opinion that the adverse effects on the environment arising from the proposal to establish and operate an unmanned fuel-stop (service station) would be minor in nature for the following reasons:

The proposal would have the potential to generate minor noise, movement and light disturbance that would impact on the existing character and amenity values within the environment, particularly of the residential properties in the area.

While the traffic generated by the proposal would generally be accommodated by the local roading network, the traffic movement on site would still cause minor amenity effects on the residential properties across the road and may result in minor traffic effects during peak periods (not covered by Traffic Assessment report).

Public notification of the application is therefore not required under sections 95A(7)(b) and (8) of the RMA unless there are special circumstances. Step 4: If any of the section 95A(8) criteria are not met, then there must be an assessment of whether any special circumstances exist pursuant to section 95A(9). If there are, then section 95A(9)(a) states that the application should be publicly notified. If there are no special circumstances, then section 95A(9)(b) states that the application should not be publicly notified. I am satisfied that there are no special circumstances that warrant public notification of this application.


4.0 Decision That the application is not publicly notified in accordance with sections 95A(7)(b), (8)(b) and (9)(b) of the RMA, because under section 95D it is my opinion, the activity will not have or is not likely to have adverse effects on the environment that are more than minor, and there are no special circumstances. The Council has, under Section 34A of the RMA, delegated to the Reporting Officer its functions and powers under the RMA in relation to the notification of applications.

5.0 Limited Notification Assessment - Section 95B If public notification of the application is not required under section 95A, then section 95A(9)(b) of the RMA requires the Council to determine whether limited notification of the application is required under section 95B. Under section 95B, the Council must undertake a step by step process to determine whether limited notification of an application is required or precluded in certain circumstances. Step 1: Sections 95B(2) to (4) set out the instances when certain affected groups or persons must be notified. Essentially, the following groups or persons must be notified:

(a) any affected protected customary rights groups; or

(b) any affected customary marine title groups (with regard to a consent application for

an ‘accommodated’ activity as defined in the Marine and Coastal Area (Takutai

Moana) Act 2011); or

(c) if the proposed activity is on or adjacent to, or may affect, land that is the subject of

a statutory acknowledgement made in accordance with an Act specified in

Schedule 11, and the person to whom the statutory acknowledgment is made is an

affected person under section 95E.

I do not consider that there are any affected protected customary rights groups, customary marine title groups or persons to whom a statutory acknowledge is made that are affected by the proposal for the following reasons:

The proposal will have negligible effects on the coastal environment below mean high water

springs;

There are no statutory acknowledgements listed in Schedule 11 of the RMA that are

relevant to the proposal; and

There are no applications made under the Marine and Coastal Area (Takutai Moana) Act

2011 of relevance to the proposal.

Step 2: If none of the persons or groups in sections 95B(2) to (4) are affected then sections 95B(5) and (6) require, an assessment of whether limited notification of the application is precluded in certain circumstances. If either of the criteria in section 95B(6) apply, then limited notification is precluded and we are then required to go to Step 4 section 95B(10) and consider whether there are any special circumstances. Limited notification of this application is not precluded under Step 2, sections 95B(5) and (6) of the RMA. Therefore, an assessment as to the persons who are adversely affected by the proposal is required. Step 3: If an application does not meet the criteria in section 95B(6), then we are required to consider the provisions in sections 95B(7) to (9) on whether, certain other affected persons must be notified in accordance with section 95E of the RMA.


Assessment of Affected Persons I have carefully examined the proposal and visited the site and I have decided that the proposed activity will have adverse effects which are minor or more than minor on the following persons. Person (Full Name) Owner/

Occupier Legal Description

Address Written Approval Obtained

S Lang & D Carson Lot 58 DP 36497

300 Martyn Road / 224 Aickin Road, Whangamata

20/09/2019

T L & D D Cole Lot 2 DPS 85392

302 Martyn Road, Whangamata

P J & P I McInnes Lot 1 DPS 85392


16/09/2019

D A Laraman, Jones & Laraman Trustee Company Limited

½ share of Lot 11 DP 36497


25/09/2019

M J & S M Keleher ½ share of Lot 11 DP 36497

402 Martyn Road, Whangamata

My reason for this decision follows: Character and Amenity Effects The subject site is located on a corner site, opposite established dwellings in the Residential Zone. As a result, the main concern for the proposal in terms of character and amenity values pertains to the changes in traffic movement, noise and light effects as a result of the proposal. Historically the subject site has contained a bach. The site is zoned Light Industrial Zone (PDP) and some form of light industrial activity could reasonably be expected to occur on this site, the proposal is a service station which would operate 24 hours a day / 7 days a week. With this, the site would be illuminated all night, and business activity would occur throughout the day and night. With these hours of operation and because the site would operate unmanned, there is the potential for minor adverse effects to be experienced by the residential property owners who own or occupy the residential property directly across the road from the subject site. I do not consider that there are any other persons who may be adverse affected by this activity because: Character and Amenity Effects The further away a residential site is from the proposed activity, the less likely it is to be affected. I consider that the amenity effects of the proposal dissipate with distance. Most of the houses beyond those immediately adjoining properties considered affected would see the activity in the context of the existing New World site which is illuminated at night, and these persons are less likely to discern the associated noise and movement from the existing road activity on site. Most other residential properties in the immediate area (other than those identified as affected) are orientated to have the indoor and outdoor living space orientated towards the north facing away from the subject site. Any visual or aural effects would be buffered in part by the development that occurs on the affected party properties. All other properties in the immediate area (other than the identified residential properties located across the road and those discussed above) are all zoned Light Industrial and are unlikely to be adversely affected by the activity on site. I also note there is a residential dwelling situated at 302 Casement Road which is zoned Light Industrial Zone. However, this dwelling is located to the rear


of the existing workshop which would largely block any of the adverse effects of the activity on this dwelling, such as noise and light-spill. I also note that Proposed District Plan does not seek to protect the amenity of residential dwelling located in the Light Industrial Zone. Any house or other established activity located further away from the subject site in the wider environment are less likely to be affected by the proposal, as again the effects dissipate with distance and the proposal would be seen and heard in the context of the existing commercial and industrial activities in the area and against the background of the existing road noise. Most other potential adverse effects that may arise form the proposal have been adequately addressed by the applicant and would be appropriately managed or mitigated through the design of the activity to avoid or mitigate effects. Accordingly, no other persons are considered adversely affected by the proposal. Written Approvals Written approval has not been obtained from all those persons identified as being adversely affected by the proposed activity. In accordance with sections 95E(3)(a), 95F(b) and 95G(b) of the RMA the persons that have granted their written approval to the proposed activity are no longer deemed to be affected persons. While the applicants have consulted with persons regarding this application, not all those persons identified as being potentially affected have given their written approval to the proposal. Step 3 Conclusion Under section 95B(8), limited notification is required as their are affected persons under section 95E. Step 4: Use of Step 4 turns on the assessment in Step 2 i.e. if the application meets either of the criteria in section 95B(6), then a consent authority must determine “whether special circumstances exist in relation to the application which warrant notification of it to any other persons not already determined to be eligible for notification under section 95B (excluding persons assessed under section 95E as not being affected persons)”. If special circumstances exist then those persons must be notified of the application. If the answer is no, then do not notify anyone else. I am satisfied that there are no special circumstances that warrant any other person being eligible for limited notification of this application.

6.0 Decision That the application be limited notified in accordance with section 95B(8) to all those persons identified as being affected by the proposal under section 95E who have not given their written approval to the proposal. The Council has, under section 34A of the RMA, delegated to the Reporting Officer its functions and powers under the RMA in relation to the notification of applications.


Reporting Officer: Reviewing Officer:

…………………….......... …………………….......... Julieann Dyer Senior Planner Senior Planner

OPERATIONS GROUP OPERATIONS GROUP Dated, this 30th day of September 2019.

Documents

RESOURCE MANAGEMENT ACT 1991 ASSESSMENT AND …Site Layout: Petroleum Services (2001) Ltd have drawn preliminary plans, dated 10 Jun 19, of behalf of Waitomo Energy Ltd. These plans