CONSENT AUTHORITY: PALMERSTON NORTH CITY …...consent authority: palmerston north city council land...

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CONSENT AUTHORITY: PALMERSTON NORTH CITY COUNCIL

LAND USE CONSENT LU 3719: CONSTRUCTION OF A BRIDGE IN THE

FLOOD PROTECTION ZONE

CONSENT HOLDER: PALMERSTON NORTH CITY COUNCIL

IN REGARD TO: TO CONSTRUCT A SHARED

PEDESTRIAN AND CYCLE BRIDGE IN

THE FLOOD PROTECTION ZONE AND

ACROSS THE MANAWATŪ RIVER AS

PART OF THE WIDER HE ARA KOTAHI

PROJECT

LOCATION

Address of activity: Dittmer Reserve, adjacent to the intersection of Ruha Street and

Dittmer Drive

Legal descriptions: Section 1701 Town of Palmerston North; road reserve at Dittmer Drive;

Manawatū River (Legal River)

Map reference: NZMG 2731450.02 E 6089367.99 N

LAND USE CONSENT DETAILS

Granted: <insert date>

Expiry: Unlimited

Authorised activity: To erect a pedestrian and cycle bridge, 195 metres long and 4.5

metres wide, in a Flood Protection Zone and over the Manawatū River and associated

abutments.

DEFINITIONS

In the following conditions:

River Means the Manawatū River, unless stated otherwise

Site Means the site of the bridge construction, including both the true

left and true right bank of the River

Bridge Means the He Ara Kōtahi : Manawatū River Shared Pedestrian

And Cycle Bridge, unless stated otherwise

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Applicant Means the Palmerston North City Council as the Applicant for the

bridge project

City Council Means the Palmerston North City Council as the Consent Authority

Compliance

Monitoring Officer

Means any Compliance Monitoring Officer of the Palmerston North

City Council as the Consent Authority

Roading Manager Means the Roading Manager, Palmerston North City Council

Roading Authority Palmerston North City Council as the roading authority

General Conditions

1. Except as otherwise required by any other condition of this consent, the Activities shall

be carried out in accordance with the following information provided by the Applicant

(collectively referred to as ‘the Application’):

a. Tonkin & Taylor Ltd (November, 2016) Resource consent application and AEE,

He Ara Kōtahi: Manawatū Pedestrian and Cycle Bridge, including Appendices

A – J; and

b. Tonkin & Taylor Ltd (13 January 2017) He Ara Kōtahi: Manawatū Bridge -

response to request for further information, including Attachments 1 – 8; and

c. Any additional information received prior to, and during the hearing [insert

additional material here].

2. Where there are inconsistencies between the Application and the further information

provided by the Applicant, the most recent information applies. In addition, where there

are inconsistencies between information provided by the applicant and conditions of

the resource consent, the conditions of the resource consent apply.

Advice Note: Any variance from the location, design concepts and parameters,

implementation and / or operation may require a new resource consent or a change of

consent conditions pursuant to section 127 of the Resource Management Act 1991.

3. The Consent Holder shall be responsible for all contracted operations related to the

exercise of this resource consent, and shall ensure contractors are made aware of the

conditions of these resource consents and ensure compliance with those conditions.

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4. A copy of these consents shall be kept onsite at all times during the construction phase

of the project and shall be produced without unreasonable delay upon request from a

Compliance Monitoring Officer.

5. This consent is subject to the General Conditions in Schedule 1 and the specific

conditions of this land use consent, which must be compiled with at all times.

6. In order to provide for health and safety of the community, the Consent Holder shall

notify the Compliance Monitoring Officer before conducting any works in any legal

road.

Construction Noise and Vibration Management

7. The consent holder shall, where practicable, ensure that construction and demolition

activities are managed and controlled in general accordance with the provisions set

out in New Zealand Standard NZS6803:1999 'Acoustics – Construction Noise',

including noise limits for long-term duration construction projects. The construction

noise criteria for the purposes of the Construction Noise and Vibration Management

Plan are:

Time of week Time Period “Long-term” duration construction (dBA)

LAeq LAFmax

Noise criteria at residential buildings

Weekdays 0630-0730 55 75

0730-1800 70 85

1800-2000 65 80

2000-0630 45 75

Saturdays 0630-0730 45 75

0730-1800 70 85

1800-2000 45 75

2000-0630 45 75

Sundays and public

holidays

0630-0730 45 75

0730-1800 55 85

1800-2000 45 75

2000-0630 45 75

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8. Construction vibration shall be measured in accordance with DIN 4150-3:1999

“Structural Vibration Part 3: Effects of vibration on structures”. The construction

vibration criteria for the purposes of the Construction Noise and Vibration

Management Plan are:

Receiver Details Category A Category B

Occupied dwellings Night-time 2000h –

0730h

0.3mm/s PPV 1 mm/s PPV

Daytime 0730h –

2000h

1 mm/s PPV 5 mm/s PPV

Other occupied

buildings*

Daytime 0730h –

2000h

2 mm/s PPV 5 mm/s PPV

All other buildings Vibration – transient 5 mm/s PPV BS 5228-2:2009

Table B.2

Vibration –

continuous

BS 5228-2:2009,

50% of Table B.2

* ‘Other occupied buildings’ is intended to include daytime workplaces such as offices,

community centres etc., and not industrial buildings. Schools, hospitals, rest homes etc.

would fall under the occupied dwellings category.

Construction Noise and Vibration Management Plan

9. No less than 40 working days prior to the commencement of any site development

works, the consent holder shall arrange a site visit to which the consent holder, the

construction contractor and a Compliance Monitoring Officer (or nominee) shall attend.

The purpose of the site visit is to discuss the Construction Noise and Vibration

Management Plan (CNVMP) required by Condition 10.


works, the consent holder shall provide a CNVMP to the Compliance Monitoring Officer

(in liaison with an independent, suitably qualified noise and vibration expert/s) for

written, technical certification. The purpose of the Construction Noise and Vibration

Management Plan is to identify the noise and vibration performance standards that

will, where practicable, be complied with and sets the framework for the development

and implementation of particular noise and vibration management and control

methodologies to minimise adverse effects on the health and safety of nearby

residents.

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11. The CNVMP shall include the following information (as a minimum) and describe the

measures that will be adopted to, as far as practicable, meet:

a. The noise criteria set out in Condition 7. Where it is not practicable to achieve

those criteria, alternative strategies must be described to address the effects

of noise and/ or vibration on nearby residents.

b. The Category A vibration criteria set out in Condition 8. Where it is not

practicable to achieve those criteria, alternative strategies must be described

to address the effects of noise and/ or vibration on nearby residents, and a

suitably qualified vibration expert shall be engaged to assess and manage

construction vibration during the activities that exceed the Category A criteria.

If predicted construction vibration levels exceed Category B criteria, then

construction activity should only proceed if approved by the Compliance

Monitoring Officer (in liaison with an independent, suitably qualified noise and

vibration expert/s) and if there is appropriate monitoring of vibration levels and

effects on buildings at risk of exceeding the Category B criteria, in accordance

with a site specific management schedule.

12. The CNVMP shall be prepared in general accordance with the draft CNVMP as

prepared by Opus International Consultants Ltd, 27 January 2017, but need not be

limited to, details describing the following:

a. Description of the works, laydown areas, anticipated equipment/processes and

their scheduled durations;

b. Hours of operation including times and days when construction activities

causing noise and/or vibration would occur;

c. The construction noise and vibration criteria for the project;

d. Identification of affected dwellings and other sensitive activities where noise

and vibration criteria apply;

e. Mitigation options, including alternative strategies where full compliance with

the relevant noise and/ or vibration criteria cannot be achieved;

f. Requirements for management schedules containing site specific information.

Specific management schedules shall include:

i. Construction vehicles delivery speeds and restrictions on routes and

times for deliveries; and

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ii. Notification to neighbouring residents and mitigation for pile driving

activities.

g. Methods and frequency for monitoring and reporting on construction noise and

vibration;

h. Procedures and methods for maintaining contact with stakeholders, notifying

of proposed construction activities and handling noise and vibration complaints;

i. Construction equipment operator training procedures and expected

construction site behaviours;

j. Contact numbers for key staff, staff responsible for noise and vibration

assessment and Council officers;

k. Undertake a pre-construction building condition survey of buildings at-risk from

construction vibration;

l. Communicate and consult with affected residents regarding construction noise

and vibration effects, including a letter-drop prior to the commencement of

works;

m. Complaints procedures and register; and

n. Monitoring, audit and review programme.

Advice Note: The Compliance Monitoring Officer will either certify, or refuse to certify,

the CNVMP within 10 working days of receipt. Should the Compliance Monitoring

Officer refuse to certify the CNVMP, then the Compliance Monitoring Officer will

provide a letter outlining why certification is refused based on the parameters

contained in this condition.

13. Should the Compliance Monitoring Officer (in liaison with an independent, suitably

qualified noise and vibration expert/s) refuse to certify the CNVMP, the Consent Holder

shall submit a revised CNVMP to the appropriate manager for written certification. The

certification process shall follow the same procedure and requirements as outlined in

Condition 10.

14. The Consent Holder shall not initiate works until the CNVMP has been certified in

writing by the Compliance Monitoring Officer.

15. The Consent Holder shall comply with the certified CNVMP at all times.

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16. The CNVMP may be amended at any time by the Consent Holder. Any amendments

to the CNVMP shall be submitted by the Consent Holder to the Compliance Monitoring

Officer (in liaison with an independent, suitably qualified noise and vibration expert/s)

for written, technical certification. If the amended CNVMP is certified, then it becomes

the certified plan for the purposes of condition 10. Any amendments to the CNVMP

shall be:

a) for the purposes of improving the measures outlined in the CNVMP for achieving

the CNVMP purpose (see condition 10);

b) consistent with the conditions of this resource consent; and

c) be prepared by an appropriately qualified person.

Construction Traffic Management Plan


works, the consent holder shall arrange a site visit to which the Consent Holder, the

construction contractor, the City Council’s Compliance Monitoring Officer, and the City

Council’s Roading Manager (or nominee) shall attend. The purpose of the site visit is

to discuss the Construction Traffic Management Plan (CTMP) required by Condition

18.


works, the consent holder shall provide a CTMP to the Compliance Monitoring Officer

(in liaison with the Roading Manager) for written, technical certification. The purpose

of the CTMP is to set out practices and procedures to be undertaken by the Consent

Holder and all contractors during construction of the Bridge, including the

surroundings, in order to avoid, remedy or mitigate any potential adverse effects on

the roading environment and the safety of road users within the City. The CTMP shall

cover the following topics:

a) develop and implement procedures to:

i. manage oversized and heavy vehicles to and from the Site, including any

temporary diversions/ closures and identify the route to and from Park

Road for heavy vehicle movements; either two-way on Ruha Street only

or a one-way loop using Ruha Street, Dittmer Drive and Katene Street;

ii. ensure that trucks can safely and efficiently move through the local street

network.

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Advice Note: if Ruha Street is to be used for two-way truck activity (as

per (a)(i) above) this will likely necessitate the restriction of parking to one

side of the street;

iii. ensure that truck manoeuvring and loading/ unloading activities do not

obstruct through access or property access for local residents and other

road users;

iv. given that the Dittmer Drive carpark is likely to be part of the construction

site resulting in a temporary reduction in public parking, encourage all

construction vehicles, including staff vehicles, to park within the

construction site; and

v. provide clear guidance with regard to access to the existing riverside

paths both in terms of whether or not access is possible and if so advise

of any route diversions.

vi. manage the drop off and pick up of construction materials, machinery and

waste to and from the Site;

b) hours of operation and duration of works;

c) details of measures to control mud and detritus from the site onto the road;

d) any night time access and parking procedures, including prioritisation of vehicles

utilising parking spaces in closest proximity to the Site between the hours of 7pm

and 6am;

e) training for staff and contractors, including in relation to the safe and quiet use of

the surrounding roads and parking area;

d) staff transport and parking management, including encouraging active, public

and shared transport modes;

e) management of visitors to the Site;

f) procedures to manage the ingress and egress of service vehicles and

pedestrians;

g) complaints procedures and register; and

h) monitoring, audit and review programme.

Advice Note: The Compliance Monitoring Officer (in liaison with the Roading Manager,

or nominee) will either certify, or refuse to certify, the CTMP within 10 working days of

receipt. Should the Compliance Monitoring Officer refuse to certify the CTMP, then the

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Compliance Monitoring Officer will provide a letter outlining why certification is refused

based on the parameters contained in this condition.

19. Should the Compliance Monitoring Officer refuse to certify the CTMP, the Consent

Holder shall submit a revised CTMP to the Compliance Monitoring Officer for written

certification. The certification process shall follow the same procedure and

requirements as outlined in Condition 18.

20. The Consent Holder shall not initiate works until the CTMP has been certified in writing

by the Compliance Monitoring Officer.

21. The Consent Holder shall comply with the certified CTMP at all times.

22. The CTMP may be amended at any time by the Consent Holder. Any amendments to

the CTMP shall be submitted by the Consent Holder to the Roading Manager for

written, technical certification. If the amended CTMP is certified, then it becomes the

certified CTMP for the purposes of Condition 18. Any amendments to the CTMP shall

be:

a) for the purposes of improving the measures outlined in the CTMP for achieving

the CTMP purpose (see Condition 18);

b) consistent with the conditions of this resource consent; and

c) be prepared by an appropriately qualified person.

Landscape Management Plan

23. No less than 20 working days prior to commencing any site development works on the

site, the consent holder shall provide a Landscape Management Plan (LMP) for written

technical certification by the Compliance Monitoring Officer (in liaison with the PNCC

Landscape Architect). The purpose of the LMP is to demonstrate how the proposed

landscaping will be implemented and maintained to achieve successful establishment.

24. The LMP should be prepared in general accordance with the landscape concept plans

contained in the Landscape and Visual Assessment (prepared by Opus International

Consultants Ltd, October 2016), but need not be limited to, details describing the

following:

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details of vegetation that is to be retained and any protection this vegetation is

to be afforded during construction;

details, including species, grade, spacing/location, and anticipated maximum

height of all vegetation to be planted;

any specific vegetation maintenance procedures to be followed and the length

of time that these will be undertaken;

procedures for the inspection of vegetation health and replacement of dead or

dying species (where required);

details and specifications for any other landscape works treatments, such as

mulching and tree-staking as appropriate.

Advice Note: The Compliance Monitoring Officer will either certify, or refuse to certify,

the LMP within 10 working days of receipt. Should the Compliance Monitoring Officer

refuse to certify the LMP, then the Compliance Monitoring Officer will provide a letter

outlining why certification is refused based on the parameters contained in this

condition.

25. Should the Compliance Monitoring Officer refuse to certify the LMP, the Consent

Holder shall submit a revised LMP to the Compliance Monitoring Officer for written

certification. The certification process shall follow the same procedure and

requirements as outlined in Condition 23.

26. The Consent Holder shall not initiate works until the LMP has been certified in writing

by the Compliance Monitoring Officer.

27. The Consent Holder shall comply with the certified LMP at all times.

28. The LMP may be amended at any time by the Consent Holder. Any amendments to

the LMP shall be submitted by the Consent Holder to the Compliance Monitoring

Officer for written, technical certification. If the amended LMP is certified, then it

becomes the certified LMP for the purposes of Condition 23. Any amendments to the

LMP shall be:

d) for the purposes of improving the measures outlined in the LMP for achieving

the LMP purpose (see Condition 23);

e) consistent with the conditions of this resource consent; and

f) be prepared by an appropriately qualified person.

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29. The LMP, certified under Condition 23 above, must be completed by the consent

holder within 3 months of completion of construction. The plantings must be monitored

for 18 months from time of planting in order to allow for plant establishment to the

satisfaction of the Council’s Compliance Monitoring Officer. This includes the removal

of weeds within the vicinity of the plantings and the replacement of plants that die or

are removed unlawfully within this period in the same location, with the same species

and sized plants. Any plants that fail must be replaced at the expense of the consent

holder. All plantings must continue to be maintained by the consent holder thereafter.

Traffic management

30. Following the opening of the bridge for use by the public, the Consent Holder shall

conduct ongoing monitoring of kerbside parking demands on Ruha Street, Henare

Street and Dittmer Drive and public parking in the Dittmer Reserve carpark, on a

weekday and weekend, each month for six (6) months following the opening of the

bridge. The cost of this monitoring shall fall on the Consent Holder. The purpose of the

monitoring is to assess the on-going effect, if any, of the bridge users, on parking

demand and availability.

31. Within six (6) months of completion of works, the Consent Holder shall report the

findings of the monitoring from Condition 30 to the Roading Manager. If the Roading

Manager produces a written statement stating that interventional works are required in

order to remedy and/ or mitigate any adverse effects then the Consent Holder shall

undertake, at the cost of the Consent Holder, the following one of the following actions:

a. work with the Roading Authority to restrict parking, for the duration of the works,

to one side of the road on Ruha Street and Dittmer Drive; and/ or

b. introduce time restrictions, to ensure that a reasonable level of on-street

parking remains available for visitors of local residents; and/or

c. marking of kerbside parking bays to ensure access ways are maintained; and/

or

d. upgrading of public parking and access ways; and/ or

e. any other works that are deemed to be required by the Roading Authority.

32. In addition to the monitoring required under Condition 31, the Consent Holder shall

monitor traffic activity on Ruha Street, Dittmer Drive, Park Road Katene Street, and

Henare Street (only in relation to Ruha Street) on a weekday and weekend, each

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month for six (6) months following the opening of the bridge. The cost of this monitoring

shall fall on the Consent Holder. The purpose of the monitoring is to assess the on-

going effect, if any, of the bridge users, following completion, on the operation and

safety of the West End roading environment.

33. Within six (6) months of completion of works, the Consent Holder shall report the

findings of the monitoring from Condition 32 to the Roading Manager. If the Roading

Manager produces a written statement stating that interventional works are required in

order to remedy and/ or mitigate any adverse effects then the Consent Holder shall

undertake, at the cost of the Consent Holder, the following action for the:

a. work with the Roading Authority to alter the intersection of Ruha Street and

Park Road, including the implementation of a right-turn lane and an associated

merge area.

b. introduce no-stopping lines as appropriate to mitigate impediments to traffic

flow; and/ or

c. any other works that are deemed to be required by the Roading Authority.

34. The Consent Holder shall install traffic management devices to physically restrict

access of unauthorised vehicles and bridge users to the Bridge. The Consent Holder

shall ensure that the traffic management devices installed for this purpose are

removable to allow emergency vehicles and authorised service vehicles to access the

bridge.

Monitoring Fees

35. The consent holder must pay to the Council the actual and reasonable costs

associated with the monitoring of conditions (or review of consent conditions), or

supervision of the resource consent as set in accordance with section 36 of the Act.

These costs* may include site visits, correspondence and other activities, the actual

costs of materials or services, including the costs of consultants or other reports or

investigations which may have to be obtained.

Advice Note: For details of costs please refer to the current schedule of Resource

Management Fees for guidance on the current administration charge and hourly rate

chargeable for Council officers.

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Review

36. The Palmerston North City Council may, pursuant to section 128 of the Resource

Management Act 1991, initiate a review of all of the conditions at any time,

commencing at the time of granting of Consent and lasting for the duration of this

Consent. The purpose of the review of the conditions of consent is to deal with any

adverse effect on the environment which have arisen, or may arise from the exercise

of the Consent and which it is appropriate to deal with either immediately and/ or at a

later stage. The review may provide for:

a. Ensuring that any environmental effects arising from the exercise of the

consent are not adversely affecting neighbouring properties; and/or

b. The modification of any monitoring program, including reviewing the frequency

of the monitoring or the developments required; and/or

c. Reviewing the effectiveness of the conditions in avoiding, remedying or

mitigating any adverse effect in the environment but not limited to review of

conditions to mitigate adverse effects attributed to any breach of any condition;

and/or

d. Addressing any significant adverse effects on the environment that may arise

from the exercise of the consent; and/or

e. Ensuring that all Management Plans required by this Consent and by Schedule

1 (General Conditions) are appropriate and are effectively managing all

adverse effects on the environment; and/or

f. To enable consistency with any Regional Plan or any National Environmental

Standards or Regulations; and/or

g. Requiring the consent holder to adopt the best practicable option to remove or

reduce any adverse effect on the environment.

37. The review may result in any of the following outcomes:

a. The deletion or amendment of any conditions on the consents; and/or

b. The addition of new conditions; and /or

c. Achieving an outcome that arises from review of the First Schedule (General

Conditions).

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