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FORM 18 NOTICE OF A REQUIREMENT BY REQUIRING AUTHORITY FOR A DESIGNATION UNDER SECTION 168 OF THE RESOURCE MANAGEMENT ACT 1991 Prepared for Auckland Transport By

GHD Limited

P O Box 6543

Wellesley Street

Auckland 1141

November 2012

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Contents1. The Sites to Which The Notice of Requirement Applies ................................................. 4 2. The Nature of the Proposed Public Work ....................................................................... 6 3. Conditions Relating To This Notice of Requirement ....................................................... 8 4. Potential Effects that the Public Work will have on the Environment, and the ways in which any adverse effects will be Mitigated ......................................................................... 11

4.1. Traffic Network, Access and Parking..................................................................... 11 4.2. Visual, Shading and Privacy Effects ...................................................................... 11 4.3. Tree and vegetation Removal ............................................................................... 14 4.4. Noise Effects ......................................................................................................... 15 4.5. Stormwater Effects ................................................................................................ 16 4.6. Construction Related Effects ................................................................................. 16 4.7. Safety ................................................................................................................... 17 4.8. Earthworks ............................................................................................................ 17 4.9. Archaeological and Heritage Assessment ............................................................. 18 4.10. Ecological Effects .............................................................................................. 18 4.11. Conclusion to Potential Effects Section ............................................................. 19

5. Alternative Routes, Route Infrastructure (Sites) and Methods ...................................... 19 5.1. Alternative Routes ................................................................................................. 19 5.2. Development of Northside Drive ........................................................................... 20 5.3. Alternative Methods .............................................................................................. 21

6. The Public Work and Designation are Reasonably Necessary for Achieving the Objectives of the Requiring Authority .................................................................................. 21 7. Strategic Context ......................................................................................................... 22

Walking and Cycling ........................................................................................................ 23 8. Resource Consents that are Needed ........................................................................... 24

8.1. Resource Consents Required ............................................................................... 24 8.2. Auckland Regional Plan: Sediment Control ........................................................... 25 8.3. Auckland Regional Plan: Air Land and Water ........................................................ 25 8.4. National Environmental Standard for Assessment and Managing Contaminants in Soil to Protect Human Health .......................................................................................... 25 8.5. Outline Plan of Works ........................................................................................... 26

9. Consultation ................................................................................................................. 26 10. Information Required by the District Plan, Regional Plan or any Regulations Made Under the Resource Management Act 1991 ....................................................................... 27

10.1. Auckland Council District Plan (Waitakere Section) 2003 .................................. 27 10.1.1. Objectives and Policies of the District Plan ................................................. 27 10.1.2. Relevant District Plan Rules ....................................................................... 28

11. Further Information ................................................................................................... 28 12. National Legislation and Policy ................................................................................. 29

12.1. The Resource Management Act 1991 ............................................................... 29 12.2. The Land Transport Management Act 2003 ...................................................... 30 12.3. The New Zealand Transport Strategy 2008 ....................................................... 30 12.4. Regional Policy.................................................................................................. 30

12.4.1. Auckland Regional Policy Statement .......................................................... 30 12.4.2. Auckland Regional Land Transport Strategy 2010 ......................................... 32 12.4.3. Auckland Transport Plan 2009 ....................................................................... 33

12.4.4. Auckland City Council Policy ...................................................................... 33 Waitakere City Freight Plan: Freight Management Plan 2009-2040 Consultation Draft 33

13. Conclusion ............................................................................................................... 34 Appendix A: Landtake Plans ............................................................................................... 36

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Appendix B: Designation Plans ........................................................................................... 37 Appendix C: Certificates of Title .......................................................................................... 38 Appendix D: Waitakere District Plan Reference: Designations Appendix ............................ 39 Appendix E: Traffic Assessment and Construction Management Plan ................................ 42 Appendix F: Plan Change 15 Massey North Urban Concept Plan ....................................... 43 Appendix G: Northside Drive East Layout and Construction Plans ...................................... 44 Appendix H: Acoustic Report .............................................................................................. 45 Appendix I: Aerial Photograph With Sites and State Highway Location ............................... 46 Appendix J: Arborist Report ................................................................................................ 47 Appendix K: Stormwater and Erosion and Sediment Control............................................... 48 Appendix L: Background Memo .......................................................................................... 49 Appendix M: Landowner Letter ........................................................................................... 50 Appendix N: Waitakere City District Plan Relevant Objectives and Policies ........................ 51 Appendix O: District Plan Assessment Criteria .................................................................... 54 Appendix P: Soil Contamination Report ............................................................................. 55 Appendix Q: October 2009 Waitakere City Freight Plan: Freight Management Plan 2009-2040 Consultation Draft ...................................................................................................... 56

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To: Auckland Council Private Bag 92300 Victoria Street Auckland 1142

Attn: The Chief Executive Auckland Transport (an Auckland Council Controlled Organisation) gives Notice of Requirement (Notice) under section 168 of the Resource Management Act 1991 (RMA) for a designation in the Auckland District Plan (Waitakere Section 2003) in respect of a Project for roading purposes applying to land between the new SH 16 North - western motorway and Trig Road. The land will be used for the construction and maintenance of a new road, being Northside Drive (East)1. The land directly affected by the Notice is set out in Appendix A attached to this Notice. 1. The Sites to Which The Notice of Requirement Applies The sites are identified in Appendix A and generally are located in an area stretching from the new SH 16 North - western motorway corridor and includes land owned by the New Zealand Transport Agency (NZTA) located to the west of the motorway corridor. The route of the new road extends east from there across private land to connect with Trig Road and totalling some 750m in length by 30m in width. The plan located in Appendix B shows the extent of the proposed designation. NZTA has an existing designation applying to a section of the land over which Northside Drive (East) would cross. The NZTA designation as it currently exists in the Auckland Council District Plan (Waitakere Section 2003) is as follows: LOCATION REF LOCAL PLAN LEGAL

DESCRIPTION DESIGNATED PURPOSE

State Highways SH 16B and SH 18B

NZTA 4 B7, B8, B9, B10, C7 and C8

Auckland – Kumeu Motorway (SH 16) Motorway (SH 18)

N/A

The NZTA designation will take priority over this Notice of Requirement in accordance with Section 177 of the RMA.

1 Northside Drive (East) is the term applied to the proposed new road subject to this Notice ( as opposed to Northside Drive (West) which is an indicative road shown in the Plan Change 15, Massey North Concept Plan running from Fred Taylor Drive through to the new extension of the North -western Motorway ( State Highway 16 ).

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Figure 1. District Plan Human Environment Map with NZTA Designation In addition to the land contained within the existing NZTA designation, the remainder of land to be designated is largely within private ownership and is identified as Countryside Environment in the district plan. The land consists mainly of an existing shared accessway (shared by the properties 66-80 Trig Road) and strips of land immediately to the north and south of that access way. More specifically the land directly affected is a collection of separate segments of private land along a roughly west to east route from the property located at 76 Trig Road (legally described as Lot 2 DP 87878) to 64 and 82 Trig Road (legally described as Lot 2 DP 159302 and Lot 2 DP 64470 respectively) and including the existing accessway between these properties. The land also includes an existing right of way that previously accessed the property at 76 Trig Road but is now administered by the NZTA.

Certificates of title for the privately held and NZTA land identified in Appendix A are contained in Appendix C. The full property and legal descriptions of the eleven (11) privately owned properties directly affected by this Notice of Requirement are shown on the landtake plans submitted with this Notice of Requirement as Appendix A. The total area of land fragments to be designated including the existing NZTA designation is approximately 2.41 hectares in cumulative area. The land take area outlined in the below table differentiates between:

Temporary: use of the land during the works but not requiring acquisition Easement: use both temporary during works but also for future maintenance but not

requiring acquisition Permanent: use during and following construction will require acquisition by Auckland

Transport ownership Address Legal

Description Owner Land Take Area Purpose

Temporary Easement Permanent 64 Trig Road

Lot 2 DP 159302

A J and R M J Shaw

389m² 145m² 385m² Road

66 Trig Road

Part Lot 1 DP 154871

Yoo, Seon Ae and Yoo, Wai

204m² 78m² 1164m² Road

NZTA 4 Designation identified by red and black hatching with Countryside Environment the underlying District Plan identification.

Existing accessway and alignment of Northside Drive East

Currently the land is identified as Countryside Environment

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Su 68 Trig Road

Section 25 Survey Office Plan 445955

H G and M H Kim

128m² 4m² 1554m² Road

70 Trig Road

Section 24 Survey Office Plan 445955

C and SE Birch

126m² 113m² 1851m² Road

72 Trig Road

Section 15 Survey Office Plan 445955

J W Boyle 125m² 9m² 2241m² Road

74 Trig Road

Section 18 Survey Office Plan 445955

J R M and C A Harker and P J Scott

26m² 29m² 2377m² Road

76 Trig Road

Lot 1 DP 87878 Her Majesty the Queen

10m² - 3473m² Road and Pond

76a Trig Road

Lot 2 DP 87878 Her Majesty the Queen

- - 885m² Road

78 Trig Road

Lot 4 DP 64470 B R and N E Stewart

259m² 148m² 7513m² Road and Pond

80 Trig Road

Lot 3 DP 64470 Li-Chin Lin and Jong-I Lai and Shu-Chu Chen and Tsung-Jung Lin

256m² 139m² 1382m² Road

82 Trig Road

Lot 2 DP 64470 B C and N M Parr

552m² 124m² 718m² Road

Figure 2. Properties Subject to Designation of Land

The proposed wording and conditions for the designation that will be included in the District Plan Designations Appendix is contained in Appendix D to this report.

2. The Nature of the Proposed Public Work The Notice of Requirement will preserve a corridor for the construction of a two lane road, including provision for pedestrians and cyclists, as well as the construction of a stormwater pond to service that road. The works enabled by the Notice of Requirement will assist in achieving connectivity between the west and east in this section of Auckland for both vehicular, cycle and pedestrian movement. The strategic context of Northside Drive (East) and this Notice of Requirement is further discussed in Section 7 of this Notice. The land subject to this Notice of Requirement is currently a mixture of farmland, existing accessways (all on private land) and an NZTA designation. That designation has largely been given effect to and so some of the land is either motorway, embankment to a motorway or land surplus to motorway. The full extent of the area subject to the Notice of Requirement will be designated for roading purposes. The new road is expected to be classified as a District Arterial Road upon completion. It is anticipated that the road carriageway will measure approximately 24m in width along the 750m length with additional land temporally included to provide for the earthworks.

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Figure 3. Typical Cross Section

This proposed road once constructed will link, at the west end, with a bridge to be constructed over the formed carriageway of State Highway 16b motorway. The western end of the bridge links to a new road2 that will run in an east- west direction to link with the former SH 16 (now known as Fred Taylor Drive). Provision for the future link from Fred Taylor Drive to the bridge is shown in the concept plan for Massey North (Plan Change 15). The road once constructed will have a vegetative edge that will largely be grassed swales and incorporating low impact design for stormwater treatment including a stormwater treatment and detention pond located at the west side of the property numbered 78 Trig road. A number of retaining walls will be required to be erected along the route and, where needed, acoustic barriers may also be required to protect nearby dwellings from noise associated with the road. The stormwater pond will be located some 100m to the north of the west extent of the Designation. The pond will measure approximately 1800m2 in area and will cater for stormwater collected along the extent of the road from the intersection with Trig Road. Plans of the proposed road layout and pond are contained in Appendix A to this report. Following the inclusion of the proposed designation in the District Plan, construction of the carriageway, associated stormwater treatment and detention pond, intersection and pedestrian area design and construction (and any other works) will be subject to Outline Plan approvals submitted in accordance with section 176A of the Resource Management Act 1991. A considerable amount of earthworks will be required to construct the road and the stormwater pond. Due to the roads width, construction will require the removal of a number of trees. The trees along the route have been the subject of an arboricultural assessment by Amenity Tree Consultants (contained in Appendix E to this Notice). That report has assumed that all the trees along or immediately adjacent to the proposed road will be required to be removed. Should that be the case, a total of thirty three (33) individual trees and ten (10) shelterbelts or groups of trees will be required to be removed and each are assessed in that report. In addition, a permanent stormwater pond will be required and will be located north of the west end of the route. That pond will require the removal of a number of trees also. The specifics of the proposed land take are shown on the attached land plans (Appendix A).

2 Resource consent (LUC 2009-1045) was granted by Auckland Council in 2010 for the Drive’s west half (from State Highway 16 to the west of the bunds for the bridge across the State Highway) as it was anticipated construction of the western section of Northside Drive would be required prior to the bridge and eastern section of Northside Drive. Resource Consent (LUC 2011-721) has also recently been granted for the earthworks for a future bridge abutment that will support a future bridge crossing of State Highway 16 ( North-western motorway)

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3. Conditions Relating To This Notice of Requirement Auckland Transport proposes the following Conditions be applied to this Notice of Requirement:

1. In accordance with section 184(1)(c) this designation shall lapse on the expiry of

10 years after the date on which the designation is included in the District Plan unless: (a) It is given effect to before the end of that period; or (b) The Council determines that substantial progress or effort has been made

towards giving effect to the designation and is continuing to be made; or (c) The designation lapses earlier by virtue of the District Plan ceasing to be

operative.

2. Prior to any new road construction work commencing final plans detailing Low Impact Design measures shall be submitted to the Manager, Resource Consents for approval.

3. Prior to construction works commencing a Construction Noise Management Plan

shall be submitted to the Manager, Resource Consents for approval.

4. Prior to works commencing, the Requiring Authority shall organise a Pre-Start meeting onsite with Council staff to discuss the following:

(a) The final location and design of the sediment and erosion controls; (b) Provide the name phone number and signed confirmation that a road

sweeping contractor has been engaged to sweep the roads on an as-needed basis to ensure stormwater quality is not affected Designated site entry and stabilisation requirements; and

(c) Stockpile locations The Requiring Authority’s representative and all site works contractors are to be present. A Requiring Authority representative shall minute the meeting and circulate those minutes to all in attendance.

5. Before commencement of any works and until completion of exposed site works,

adequate sediment and erosion control measures in accordance with an approved sediment control plan and in accordance with Auckland Regional Council Technical Publication No. 90 “Erosion and Sediment Control Guideline for Earthworks” (latest edition) shall be constructed and maintained by the Outline Plan of Works Holder. Work shall not commence until approval has been gained in writing from the Manager Resource Consents. The control measures must be maintained until the site has been adequately stabilised against erosion and sediment-laden run off.

6. All “clean water” runoff from stabilised surfaces including catchment areas above

the site shall be diverted away from earthwork areas via a stabilised system, so as to prevent surface erosion and sediment laden runoff.

7. All earthworks, stockpiles of earth and the storage of other construction materials/ vehicles / works shall be excluded from the drip-line of all vegetation to be retained on site. A protective fence shall be erected around the affected area

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prior to the commencement of any work on the site and shall remain in place until the completion of all works on site.

8. If any archaeological features, including human remains, shell middens, hangi or

ovens, pit depressions , defensive ditches or artefactual materials are exposed during site works, then the following procedures shall apply: (a) Immediately it becomes apparent that a possible archaeological or

traditional site has been exposed, all site works in the immediate vicinity shall cease;

(b) The site supervisor shall immediately secure the area in a way that ensures that any artefacts or remains are untouched and notify the Auckland Council

(c) If the site is confirmed to be an archaeological site, the site supervisor shall then notify tangata whenua, the New Zealand Historic Places Trust, that an archaeological site has been exposed so that appropriate action can be taken; and

(d) In the case of human remains, the NZ Police shall be notified.

9. Private vehicle crossings, private accessways, footpaths, berms and kerbs that connect to the proposed road shall be protected from damage by crossing or parking vehicles to the satisfaction of the Manager Resource Consents. Any damage which is attributed to the earthworks operation shall be rectified at the cost of the Requiring Authority and at the direction of Council.

10. All dirt tracked onto the surrounding roads as a result of the development shall be cleaned on a daily basis at the expense of the Requiring Authority. In case of repeated non-compliance with this condition, Council may engage a road cleaning contractor to carry out the road cleaning. Council may engage a road cleaning contractor to carry out road cleaning if it is the Council's opinion that the dirt on roads and/or footpath is creating an adverse effect on the environment. The road cleaning contractor shall be engaged at the cost of the Requiring Authority.

11. Dust mitigation shall be utilised onsite for the entire duration of the earthworks

and shall include but not be limited to: (a) the use of wheel wash facilities; (b) the watering of all haul roads; (c) the mulching/grassing of stockpiled materials not in use; (d) staging of works; (e) watering of any trouble spots identified onsite by Council staff; and (f) location of haul roads and stockpiles away from residential dwellings

to the satisfaction of the Manager, Resource Consents.

12. Should the dust control measures be unsuitable at any time, the works creating

the dust problem shall cease until such time as the problem is resolved all to the satisfaction of the Manager, Resource Consents.

13. All development works on the site involving earthworks and the use of associated heavy machinery shall be undertaken between the following hours only:

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Monday to Sunday 7.30 am to 7.00 pm; Public Holidays No work

14. All excess or unsuitable excavated material shall be removed from the site

before or immediately following the completion of earthworks and disposed of to the satisfaction of the Manager Resource Consents. Written evidence demonstrating that the excavated fill has been deposited in an approved location shall be submitted to the Manager Resource Consents in the form of producer statement, certification or similar.

15. All areas of exposed earth shall be top-soiled and grassed or otherwise stabilised against erosion as soon as practicable and in a progressive manner as works are complete, but no later than one week following the completion of works.

16. All sediment and erosion controls shall remain in place until the completion of the

earthworks. Council approval shall be gained before any controls can be removed.

17. If the earthworks are not completed within the earthworks season (1 October till

April 30th) then the necessary measures shall be implemented to ensure that the erosion and sediment controls are appropriate for the winter (1 May – 30 September). A written report on the progress of the earthworks and the erosion and sediment controls from the registered engineer supervising the work shall be submitted for the approval of the Manager: Resource Consents within one month of the cessation of work.

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4. Potential Effects that the Public Work will have on the Environment, and the ways

in which any adverse effects will be Mitigated The following assessment outlines the potential environmental effects that may be generated by constructing Northside Drive (East) including traffic, visual, tree removal, noise, stormwater, construction, safety, earthworks and ecological.

4.1. Traffic Network, Access and Parking A traffic assessment (including construction plan) has been prepared supporting this Notice (attached as Appendix E). As Northside Drive (East) is proposed to link with Northside Drive (West), there will be a considerable increase in the number of traffic movements in this area as the existing accessway serves only nine properties. Following the completion of Northside Drive (East) and its connection to Northside Drive (West) the road will operate as a District Arterial road. This increase of traffic will have an impact on the amenity of residents that currently front this access both in terms of safety (accessing and exiting their sites) and due to noise from the increased volume of traffic. As a result of the land being taken for the new road, vehicle crossings for the existing properties will be required to be relocated. The crossings will be designed with sufficient width for easy access to the road. The vegetation currently abutting the accessway will need to be cleared both to facilitate the physical works but also to enable improved visibility for vehicles exiting the sites. Provision will be made in the new road for pedestrians and cyclists, so removal of vegetation and the movement of vehicle crossings is required to improve view lines and the safety of those pedestrians and cyclists using the road. The proposed design location of Northside Drive’s east and west sections is a similar alignment as shown on the Conceptual Road Layout Plan (Appendix F although it must be noted that the layout was not formally considered under the Plan Change 15 considerations so has not been open to public comment. Northside Drive’s two sections once fully constructed and linked will serve as a west-east connection between Massey North in the west and Hobsonville in the east and to SH 18 and the North Shore beyond. The road is identified as a future freight route in the Draft Waitakere Freight Plan (refer to Appendix Q for draft map). The road, when completed in accordance with the indicative roading pattern shown in PC 15 (the Massey North concept plan), the western end will provide access for existing rural properties and in the future for the commercial properties to access directly onto. It will also enable freight vehicles to link directly to SH18 at Trig Road. This Notice of Requirement seeks to not only improve accessibility between the immediate west and east and beyond, but also to improve traffic safety and function amongst the existing network by allowing for vehicles travelling in an west-east direction to bypass Massey North town centre to improve flow.

4.2. Visual, Shading and Privacy Effects The width of the road (as identified on the plans titled 51-28664-C14043, C14045 attached at Appendix G) is consistent with a District Arterial Road. In addition to the carriageway this road will also have street lighting on poles measuring 12m in height.

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To provide for the works a large volume of earthworks will be required along with considerable vegetation removal adjacent to the existing access. Accordingly, the proposed works will result in a considerable change to the existing rural environment. The proposed road will replace an existing shared access serving the properties located at 64-82 Trig Road. The land at the western extent of the proposed road has already been subject to considerable recent earthworks to provide for the extension of State Highway 18. The proposed stormwater pond will not be readily visible in the immediately surrounding area. The pond will be located to the east of the accessway that previously served the property at 78 Trig Road. It will be located a considerable distance from any dwellings and elevated well above the level of the State Highway extension. There are existing dwellings located on the properties at 64, 70, 72, 74 and 80 Trig Road. The physical extent of the existing accessway serving those properties will be widened to provide for the temporary construction works and final finished form of the future road proposed under this Notice. That widening will require the removal of existing vegetation, the undertaking of earthworks on private property and the removal of the dwelling on the property located at 76 Trig Road. While there is an existing right of way located near those dwellings this road will be considerably wider therefore, in closer proximity to those dwellings and carrying a considerably greater volume of traffic (noise effects are considered in Section 4.4 of this report). A number of retaining walls are proposed along the route (these are shown on the plans contained in Appendix G and are numbered 51-28664-C14002-C14006 and C14201 – C14211). The removal of the vegetation together with the creation of the road will have an impact on the privacy of residents along the existing accessway particularly the properties located at 64, 66 and 80 Trig Road where existing dwellings are located on the front of those sites. It is not proposed that compensatory planting be provided in the road corridor as a rural appearance will be retained via grassed swales that will also provide for low impact design stormwater treatment. The dwellings on properties on the south side of the access are oriented toward the access given the northern aspect and associated sunlight. These are the properties that will have the most obvious visual effect associated with the flow of vehicles and potential for dominance from the retaining walls. The properties on the north side of the access may not have the same visual impact given living areas are predominantly on the north (opposite) side of the dwelling. There will however be an impact particularly if bedrooms are located closer to the road with an associated noise impact on sleeping. Potential noise effects associated with the future high noise route are considered in Section 4.4 of this report and an acoustic assessment contained in Appendix D. The acoustic report notes that acoustic barriers could be erected to reduce noise on nearby dwellings. Depending upon the location of those barriers visual dominance could be a result. The following is a consideration of the potential visual effects on properties along the existing accessway and nearby. Noise effects are considered in the Marshall Day Acoustic report.

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Property # Discussion 64 Trig Rd The majority of this site is occupied by a plant nursery, however there is a

dwelling located near the north and east boundary of the site. There is currently vegetation that screens the dwelling from the accessway but it is likely that will be removed when the works are undertaken. That removal would mean the dwelling is very visible from the future road. It is proposed that existing bamboo will be relocated (refer to the numbered 51-28664-C14004 – C14006 contained in Appendix G). The state highway is immediately adjacent to this property and changed the environment considerably in terms of both physical works and noise associated with traffic movement. Refer to Figure contained in Appendix I of this Notice to identify the location of the site and state highway.

66 Trig Rd The dwelling on this property will be located approximately 20m from the proposed road and given that existing vegetative screening will be removed there will be a visual impact on this property with the dwelling clearly visible from the road. A new timber windbreak is proposed to be located on this property. The location of the wind break is shown on the attached plans numbered 51-28664-C14003 to C14005). The state highway crosses the southern third of this site so while the designated works will impact on the property the impact from the motorway extension has already occurred. Refer to Figure contained in Appendix I of this Notice to identify the location of the site and state highway.

68 Trig Rd The dwelling on this property is setback from the road and while vegetative screening will be removed there will continue to be screening between the building and the road. The southern third of this site is subject to the NZTA designation (Refer to Figure contained in Appendix I of this Notice to identify the location of the site and state highway.) and this has had a marked impact on the amenity of the site associated with built form and traffic.

70 Trig Rd The dwelling on this property will be located approximately 32m from the proposed road and the removal of vegetation will expose the dwelling to the road. A new timber windbreak is proposed to be located on this property. The location of the wind break is shown on the attached plans numbered 51-28664-C14003 to C14005). The southern third of this site is subject to the NZTA designation (Refer to Figure contained in Appendix I of this Notice to identify the location of the site and state highway.) and this has had a marked impact on the amenity of the site associated with built form and traffic.

72 Trig Rd The vegetation removal on this site will increase the view to the road from the dwelling on this site and given the relatively close proximity to that road there will be a visual and potentially privacy impact. This site is subject to the NZTA designation (Refer to Figure contained in Appendix I of this Notice to identify the location of the site and state highway) and this has had a marked impact on the amenity of the site associated with built form and traffic.

78 Trig Rd The existing dwelling on this site is approximately 90m from the future road and given a large amount of vegetative screening which will remain on the site

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the visual impact, from the dwelling, will not be as obvious as on other sites. The proposed stormwater pond will be located on this site but will be some 80m separated from the dwelling. The pond will be located within the designation and will be legally separated from this property. Screening, in the form of either fencing and/or planting could be undertaken to lessen any visual effect if considered necessary by the land owners.

80 Trig Rd The dwelling on this site will be located approximately 12m from the proposed road. While there is existing vegetation that will most likely remain there will be a visual impact on the existing dwelling on this site.

82 Trig Rd The proposed works will be immediately adjacent to or require partial removal of building located on this site. There is an existing nursery business on this site and a dwelling located in the north east corner of the site. There is extensive existing landscape treatment and buildings on this site that will aid in the screening of the dwelling from the road. It is proposed that existing bamboo will be relocated (refer to the numbered 51-28664-C14004 – C14006 contained in Appendix G).

Additional properties not abutting the existing accessway or future road: Property # Discussion 31-33 Trig Rd

This site is located to the north of the Trig Road on ramp and on the opposite side of Trig Road and the proposed Northside Drive intersection. The state highway has led to a large change on the amenity of this site. While the dwelling on this site is not included in the NZTA designation it is located immediately to the north of it and the rear third of this property is located within that Designation. Refer to Figure contained in Appendix I of this Notice to identify the location of the site and state highway..

62 Trig Rd Not adjacent but near the intersection with Trig Road. 84 Trig Rd Not adjacent but near the intersection with Trig Road. The aforementioned properties are large in area and contain buildings and vegetation, therefore properties separated by them from the proposed road will be a considerable distance away and well screened from the road. These factors will ensure there will be no visual effects on additional properties. To the north the nearest properties are located at numbers 1-9 Spedding Road. Those properties are some 200m from the proposed road. In addition, the dwellings on those properties are located at the north end of those sites approximately 180m from the site boundary. To the south the nearest properties (not designated by NZTA) are separated from the proposed road by the state highway and given that considerable distance and buffering it is considered they will not be adversely affected. For the aforementioned reasons it is considered that only the properties immediately fronting the accessway will be adversely affected by the proposed road.

4.3. Tree and vegetation Removal A number of trees and a large amount of vegetation will be required to be removed to provide for the future works. An arborist report was prepared to address tree removal and is contained in Appendix J to this Notice of Requirement. The arborist reports suggest those trees are not notable and many are not afforded specific protection under the District Plan as

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they are identified as species that are ‘removable’ (identified in the Removable Vegetation Appendix to the Plan eg bamboo). It is noted that while the trees may not be the subject of specific protection under the District Plan the contribution they make to the amenity of those sites should not be discounted when they are removed. It is not the place of Auckland Transport as Requiring Authority to predetermine what individual landowners may require as mitigation for any planting lost. For these reasons it is considered more appropriate for any loss of trees to be addressed in the land acquisition process and implemented when any construction or development takes place. Auckland Transport does not propose any street tree planting in the proposed road corridor. Instead grass swales will be the only vegetation in that corridor. The swales will assist in maintaining a rural appearance as well as providing low impact design for stormwater treatment.

4.4. Noise Effects With regard noise the proposal considers the District Plan’s Rule 1.3 from the City-Wide Rules section the New Zealand Standard: NZS6806 and Sections 16 and 17 of the RMA:

Rule 1.3 of the General Noise Rules Future High Noise Routes (a) Roads which are to be High Noise Routes shall be a Permitted Activity where they are designed so that the traffic noise as measured 3.0 metres inside any adjoining site or 1.0 metre from the facade of any existing dwelling will not exceed 65dBA Leq(24hours).

Section 16 of the RMA

Duty to avoid unreasonable noise (1) Every occupier of land (including any premises and any coastal marine area), and every person carrying out an activity in, on, or under a water body or the coastal marine area, shall adopt the best practicable option to ensure that the emission of noise from that land or water does not exceed a reasonable level.

Section 17 of the RMA Duty to avoid, remedy, or mitigate adverse effects (1) Every person has a duty to avoid, remedy, or mitigate any adverse effect on the environment arising from an activity carried on by or on behalf of the person, whether or not the activity is carried on in accordance with—

(a) any of sections 10, 10A, 10B, and 20A; or (b) a national environmental standard, a rule, a resource consent, or a designation

The proposed road will be located closer, than the existing accessway, to existing dwellings. In addition, it is likely that Northside Drive will be classified as a District Arterial Route and will therefore be considered a High Noise Route as defined in Section 1.2 of the General Noise Standards of the District Plan. Such a potential classification coupled with the proximity of existing dwellings necessitated consideration of noise generated by that road and an assessment was undertaken by Marshall Day Acoustics Limited (Marshall Day). That report is contained in Appendix H to this report and makes recommendations about ways of mitigating potential traffic effects on the adjacent properties.

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Marshall Day used both the District Plan and the New Zealand Standard NZS6806 in undertaking modelling of likely noise associated with both the construction and operation of the future road in relation to seven dwellings within 200m of the proposed road being 64, 66, 70, 72, 74, 78 and 80 Trig Road. That future environment was compared against a baseline being the environment as it will exist following the completion of the nearby State Highway 16 and State Highway 18 realignments. The results showed that for six of the seven dwellings along the alignment the noise level will exceed the baseline following the motorway completion. The property at 64 Trig Road will already have noise exceeding the standard. To mitigate those noise levels a number of mitigation options were considered such as materials uses for the road and physical barriers between the road and the nearby dwellings. Where barriers are used as mitigation for noise other issues such as dominance and visual character also require consideration. The Marshall Day report discusses the noise associated with the construction of the road. It is likely that noise from that construction will exceed the permitted levels of the District Plan and mitigation will be required either in the form of barriers, control on the hours that construction can take place or temporary relocation of residents for periods of the works. The report recommends that a “Construction Noise Management Plan” be formulated that outlines how the works will be undertaken and what mitigation or avoidance measures will be employed to limit the noise effects on residents in the area. A condition requiring the provision of such a plan will is proposed under this Notice of Requirement.

4.5. Stormwater Effects An assessment of the effects of the proposed road on stormwater quantity and quality has been undertaken by GHD Ltd. A full report prepared is contained in AppendixKL. The report identifies a number of stormwater issues within the wider environment of the road and proposes various appropriate mitigation measures to avoid, remedy or mitigate these effects on the catchment. A resource consent application will be made to address infringements the regional planning documents. The report describes the treatment of stormwater along the route. A subsequent outline plan of works will deal with the erosion and sediment control during construction. Overall, it is concluded that the hydrological and hydraulic effects of the works will be minor in respect of increases in peak flood level flows.

4.6. Construction Related Effects

In addition to noise, construction effects will also include dust and sedimentation from earthworks; disruption to vehicle and pedestrian traffic; and impacts on traffic safety. These effects will be short term and appropriately managed so that they are no more than minor. Dust and sedimentation will be managed using appropriate measures including wetting down of exposed surfaces, wheel washing where required and the use of filter fabric over cesspits. A Construction Management Plan will be required via the Outline Plan of Works to ensure that vehicles and pedestrians are carefully guided around construction sites.

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4.7. Safety Any Outline Plan of Works would need to stipulate the methodology for undertaking any works. Inherent in that methodology would be the measures employed to ensure the safety of workers on the site, the safety of residents (and their visitors) who rely on the accessway for movement to and from their sites and the public generally. The stormwater pond would have appropriate controls to ensure public safety.

4.8. Earthworks Re-contouring of the land will be required to provide for the proposed road reserve as the accessway and its surrounds are not uniform in grade and there are areas where cut and fill works will be required. Given the length of Northside Drive (East), the physical works will require earthworks over a large area and this will likely amount to a substantial volume of earth. In the majority of instances the works will result in a batter of the earth back to the existing ground level however there will be instances where a batter is not possible and those earthworks will result in a number of retaining walls being erected. In the majority of instances the walls are not near dwellings on the adjacent sites but they will be required near the properties located at 64, 66, 68, 70, 72, 74, 80, and 82 Trig Road. The location and elevation of those walls are contained in Appendix G. This Notice of Requirement has replaced the adherence to the General Natural Area Rules with specific Conditions contained in Section 3.1 of this Notice. Consideration of the matters contained in the General Natural Area Earthworks Assessment Criteria are included in this Notice of Requirement. The following analysis (under the headings (a)-(f)) considers all the matters raised in those Assessment Criteria. (a) Visual Amenity In addition to the visual effects considered above, no earth will be exposed following the completion of the works. For the road, a paved service or grassed berm will be the finished outcome while the pond will be filled with water with the periphery planted. It is noted that batters could occur on the periphery of some works. Where those batters are to be replaced with retaining walls there is the potential for adverse effects on adjacent properties. In order to provide protection to those properties it is recommended that a condition of this designation require, with the exception of the earth bund for the bridge, the cut and or fill to not exceed 2m height within 1m of an adjacent property boundary. With the exception of grassed swales no planting is proposed within the road reserve. This minimalist approach to landscape treatment is an endeavour to retain the rural appearance for the road corridor as well as incorporating low impact design for stormwater treatment. (b) Vegetation Removal Vegetation removal has been considered previously. (c) Natural Hazards The site has not been identified as subject in stability or flooding issues. Construction drawings will be subject to an audit to ensure stability.

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(d) Soil Contamination A contamination assessment has been undertaken by GHD and is contained in Appendix P. That assessment identified areas along the route that could potentially contain contaminated soils primarily associated with nursery/orchard/vineyard activities. For both types of activity the report considers the likelihood of contamination to be high but the potential consequences to be low to moderate. The works will be subject to the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health. (e) Safety All works will be undertaken with appropriate health and safety protocols and any contractors are required to adhere to those protocols. (f) Necessity Earthworks are necessary to achieve the gradients and cross falls required for the carriageway and surrounds to function. For the aforementioned reasons it is considered all matters related to the earthworks have been fully considered in this Notice of Requirement. The Conditions contained in Section 3.1 of this Notice will address any adverse effects arising from the works, and so the works need not be reconsidered via any future resource consent application(s).

4.9. Archaeological and Heritage Assessment There is no record of any archaeological or heritage items or features along this route therefore no particular consideration is required. Should, in the process of undertaking works, any archaeological or heritage item be unearthed that work will cease immediately and both Auckland Council and the New Zealand Historic Places Trust will be contacted.

4.10. Ecological Effects This proposal is to provide for the future construction of a road over existing rural land and an existing vehicle accessway. Due to the nature of existing planting along the edge of the accessway tree removal is required. The trees have been identified and categorised by an arborist (Appendix J). That assessment identifies all the trees along or in the near vicinity of Northside Drive (East) and whether they were accorded general protection in the District Plan. While it is inevitable that a number of trees will be required to be removed, efforts will be made to retain as many trees as practicable along the route. The attached plans (Appendix G) show the road development for Northside Drive (East). Where practicable, mitigation via relocating or replacing trees located in the area of the works will occur. Along Northside Drive (East) there are no areas accorded specific ecological protection under the District Plan, (such as being identified within Managed, Protected, Riparian Margin Natural Areas) nor are Ecological Linkage Opportunities identified. This Notice of Requirement requires a large volume of earthworks to be undertaken. There is potential for adverse effects associated with sediment runoff to the stormwater pond or

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adjacent sites from any works. To ensure there would be no such adverse effects future outline plans of works will include sediment and erosion controls. Conditions of the designation will ensure that controls are in place and maintained to an extent that there will be no adverse effects from earthworks. In addition, given the area of earthworks, resource consent will be required under the Auckland Regional Plan – Sediment Control that will be applied for separately. It is considered that any ecological effects upon the General Natural Area included in this Notice of Requirement are less than minor or minor. Where the effects are minor, the conditions proposed to be imposed will ensure any Outline Plan of Works that is submitted will contain measures to avoid or mitigate the effects. Mitigation in future Outline Plan of Works will be in the form of:

grassing any exposed earth upon the completion of the road widening;

sediment and erosion controls; and

stormwater control.

4.11. Conclusion to Potential Effects Section Auckland Transport has identified a need to apply for a Notice of Requirement to improve the road linkages between Massey North and Trig Road to ensure that the new roading network has an east- west connection. The new linkages are not only for vehicular traffic but also for freight movement as well as public transport commuters, pedestrians and cyclists. This Notice of Requirement is to protect the opportunity for the new road and to enable the road to be constructed in the future. The new road will result in a change to the character and visual amenity of the area. While much of the route is along an existing accessway, the future road would be considerably wider with significantly more vehicle movements. In addition, a number of trees and other vegetation and structures will be required to be removed and a large volume of earthworks will be undertaken. In some instances sites affected by this Notice are already impacted by the works associated with the construction of the new motorway (SH 16). The State Highway 16b and SH 18 changes have changed much of the wider largely rural area due to the form of the newly created transport corridors. While there will be changes to the amenity and visual character of the area there will be improvements for the wider good such as connectivity for transport between the west and east along with pedestrian and cycleway connections and in the future for public transport access as there is provision for bus stops in the design of the new road.

5. Alternative Routes, Route Infrastructure (Sites) and Methods

5.1. Alternative Routes While Auckland Transport has not specifically considered alternative routes for delivering this new east – west connection, it is noted that the planning of the Northside Drive connection from the former SH 16 ( now known as Fred Taylor Drive) to Trig Road has been undertaken over a number of years.

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Please refer to the memo from Hussam Abdul-Rassol, Manager Investigation and Design West, Auckland Transport and formerly Manager Transport Services, Waitakere City Council (attached as Appendix L) summarising the history. Consideration of alternatives occurred in the development of Plan Changes 14 and 15 to the District Plan as well as the Draft Waitakere City Freight Strategy (2009 version) and Long Term Council Community Plan. Whilst this section of the route has not formally been the subject of public consultation under Plan Changes 14 or 15 to the Waitakere City District Plan, this route has been indicated since the development of the proposed Plan Changes for the area. The following extract is from Page 39 of the Decision Report for Proposed Plan Change 15:

...the proposed Northside Drive will run across the southwest corner of No. 97 State Highway 16, as indicated in the revised Massey North Urban Concept Plan. This will provide a connection to the existing State Highway 16 to the west. Northside Drive will also continue eastward crossing over the new State Highway 16 via a bridge and then connect to Trig Road. Trig Road will in turn be connected to the new State Highway 18 by north facing ramps... ... it is recommended that the Massey North Urban Concept Plan be updated to include the indicative position of Northside Drive running over the proposed new State Highway 16 through to Trig road. This is not shown in the existing Massey North Urban Concept Plan, but will be an important part of the roading network....

and from Page 30 of the Waitakere City Freight Plan 2009-2040: Consultation Draft September 2009:

Once Northside Drive is complete this will further alter the movement of freight vehicles as Northside Drive will link directly to SH18 at Trig Road, enabling direct motorway access for trips to and from Albany.

5.2. Development of Northside Drive

As outlined above, the strategic direction to Auckland Transport has been to create a link between Massey North and Hobsonville and the North Shore through the creation of a new road that will provide for all modes of transport. The alignment chosen is the most practical as it utilises the alignment of an existing accessway and links well with the new road network to the west of the new Motorway that are expected to be developed and to link with Northside Drive (west). In addition, the proposed alignment of Northside Drive (East) lines up with the SH 18 motorway on and off ramps at Trig Road. Under Plan Change 15 to the Waitakere City District Plan Northside Drive (West) will be bordered by employment land to its north and south. Effective roading links are essential for business to operate in this environment. Motorway access will be provided to the north at Brigham Creek Road and to the south at the Hobsonville interchange. This road will provide a missing east to west link to Hobsonville and the North Shore in the east and Kumeu and Helensville in the west.

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5.3. Alternative Methods Alternative methods of meeting the objectives of Auckland Transport are as follows.

1. Doing nothing or continuing with the status quo This was considered, but was discounted, given that the former Waitakere City Council’s LTCCP 2009 - 2019 had already identified the need for this road to connect Massey North and Hobsonville. The Do- nothing approach would have the potential to seriously inhibit future vehicle movement in this area and would likely create undesirable traffic movement through the future Westgate Town Centre.

2. Obtaining resource consents Under the District Plan such a proposal is likely to be a Discretionary Activity. Some of the resource consents apply to privately owned land, where Auckland Transport may not be granted access to undertake the works. The option of utilising the powers that Auckland Transport has as a requiring authority to designate the land would enable Auckland Transport to acquire the land that is required, would enable it to undertake the works without the need for any other consents (other than required through an outline plan or a regional plan) and would protect the Project from the actions of others.

3. Seeking a Plan Change to the District Plan The Transport Environment rules only apply to land that is "vested, dedicated or gazetted" as road therefore they cannot apply until the privately owned land is ‘road’. In addition the rules do not permit road-related activities. Therefore a new set of provisions would need to be developed to apply to the land and even then they would not provide for acquisition of that land to be used as road as they would not provide sufficient authority for land acquisition. As a result of the assessment of this method it has been determined that it cannot be relied upon for the Project. 6. The Public Work and Designation are Reasonably Necessary for Achieving the

Objectives of the Requiring Authority By way of context it is noted that as a result of the changes in governance that occurred in 2010, the roles and responsibilities for transport in Auckland are now split between local and central government. Auckland Transport manages and controls the local roading network while Auckland Council owns the roads. NZTA is responsible for the national roading network. Auckland Transport has been asked to deliver a number of roading improvements in the area to respond to the changes in use that were proposed for the land at Hobsonville and Massey North as part of Plan Changes 13 - 15, notified as part of Waitakere City Council's Growth and Transport Integration Programme. The objectives of Auckland Transport in relation to this Project and Notice of Requirement are:

To ensure that the form and function of Northside Drive (East) meet the needs of future development in the wider area, including linking with Northside Drive (West) and linking

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with the new SH 18 motorway and Hobsonville Road to improve the connectivity of the Hobsonville area with both Massey North to the west and Greenhithe to the north;

To provide statutory protection to the future Northside Drive (East) to ensure that its construction, operation and maintenance is authorised and that the public road asset, which is an essential community resource, is protected and able to be managed on an on-going basis in the interests of the community;

To provide opportunities for public transport in the future; and

To provide for pedestrian, cyclist and motor vehicle access along Northside Drive ( East) to serve adjoining properties and to link with the wider area

Auckland Transport has identified the need for the creation of Northside Drive East. That provision for the creation of the Road in the future will provide certainty for Auckland Transport, Auckland Council and for future land development in the nearby recently re-identified areas +where more intensive development is imminent. Auckland Transport is committed to increasing the number of cycle users as provided for in the Walking and Cycling Strategy3. The creation of the new road will further enhance that programme in the Massey North and Hobsonville areas as dedicated pedestrian and cycle ways are proposed along both sides and the entire length of Northside Drive (East) from Trig Road over the new SH 16 Motorway to Northside Drive (West) and beyond. The final design has not been confirmed, but preliminary design work as shown in Appendix G shows that it is possible to provide for the safety of both pedestrians and cyclists in the area. This connection would also provide a link (via Trig Road) to the pedestrian and cycle way proposed along Hobsonville Road and from there across the Upper Harbour Highway (Greenhithe) Bridge. This Notice of Requirement will include an area contained in the existing New Zealand Transport Agency designation (NZTA 4) that has been used to extend the Northwestern Motorway (NZTA 1). The proposed road would link with a future bridge over the Northwestern Motorway and to Northside Drive West (already granted consent). The Notice of Requirement also includes additional areas, as shown in the Designation Plans attached as Appendix B. 7. Strategic Context The Designation proposal is an integral part of a wider strategic project that seeks to provide multi-modal transport infrastructure to assist in achieving both Auckland Council and Auckland Transport objectives for the Northern Strategic Growth Area project (NorSGA).

The NorSGA project is aligned with a number of strategies:

The Auckland Regional Growth Strategy Auckland Regional Land Transport Strategy Former Waitakere Council’s: Transport Strategy 2006-2016; Growth Management

Strategy; and Economic Development Strategy

3 Waitakere City Council Walking and Cycle Strategy

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The works align with the Strategic Direction of the Auckland Plan particularly #134 outlined below.

Prior to the Auckland Plan it was identified in Waitakere City Council’s (now Auckland Council’s) last two Long Term Council Community Plans for 2006-2016 (LTCCP 2006-2016) and 2009-2019 (LTCCP 2009-2019) that Council sought to improve Waitakere’s infrastructure to provide for current demands and future growth in the City. Within the Transport Section of the LTCCP 2006-2016 5 it is stated that:

Transport Strategy is also involved in land use development and area planning to ensure the integration of transport and land use. Examples are the integration of car/non car travel and development in the town centres and in new growth areas at Westgate/Hobsonville.

Within that LTCCP future movement demand is also considered6:

Travel Demand Management must support other national, regional and local strategic objectives to:

Improve public health by encouraging greater use of physically active travel modes such as walking and cycling.

Improve energy efficiency and reducing greenhouse gas emissions through increased use of public transport and car pooling.

The Council expects to manage travel demand incorporating the following: Walking and Cycling Provision of better facilities for pedestrians and cyclists in the transport network makes it safer to use walking and cycling travel modes, particularly for short trips. The key programmes for delivery are:

4 The Auckland Plan, Chapter 13 on line at http://theplan.theaucklandplan.govt.nz/aucklands-transport/ 5 WCC LTCCP 2006-2016 Volume 2 page 68 6 WCC LTCCP 2006-2016 Volume 2 Page 72

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Implementing the walking and cycling strategy to provide a network of off-road and on-road cycle routes connecting communities to town centres and public transport facilities

Implementing the school travel plan programme which focuses on providing safer walking environments around schools and reducing car use for trips to and from school.

Public Transport - Buses The Council has no responsibility for providing buses or determining bus routes (ARTA facilitates these) but the Council’s Transport Strategy section advocates for better bus services for Waitakere. The Transport Assets section is responsible for construction, renewal and maintenance of infrastructure that supports bus services. This includes: local facilities such as bus stop signs, timetable cases (for which ARTA provide

timetable information) and bus shelters on-road facilities such as bus lanes and signal optimisation to prioritise bus

movements footpaths to bus stops.7

The LTCCP 2009-20198 goes on to outline major projects required to provide additional capacity in the future growth areas (over the next 10 years) and includes:

Northern Strategic Growth Area new transport network (about 90% of the capital works provides additional capacity)

Land purchase and construction (100% of the costs provide additional capacity) Corridor improvement projects - to alleviate capacity constraints, reduce traffic

congestion, and improve safety, such as additional traffic lanes or major intersection works including traffic signal installations9

This Notice of Requirement will allow certainty in future provision for all transport modes along Northside Drive (East) and through its connection across the Northwestern Motorway to Northside Drive (West) and Fred Taylor Drive. The Notice of Requirement reflects public demand for safe and efficient movement of pedestrians, cyclists, and motor vehicles, and provision for public transport. 8. Resource Consents that are Needed

8.1. Resource Consents Required Any resource consent requirements will depend on the final site layout and earthworks required. Any required resource consents would be applied for once the engineering plans for the development are complete, and prior to the start of physical works. Resource consents will be required to be attained from the Auckland Council for earthworks and stormwater discharge and potentially for contamination under the National Environmental Standard.

7 WCC LTCCP 2009-2019 Part A, Section 2 page 118 8 WCC LTCCP 2009-2019, Part A, Section 2 Page 119 9 WCC LTCCP 2009-2019 Part A, Section 2 page 119

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8.2. Auckland Regional Plan: Sediment Control Under the Auckland Regional Plan: Sediment Control Rule 5.4.2.1 for Earthworks including tracking/trenching over an area of between 1 hectare and 5 hectares is considered a controlled activity.

8.3. Auckland Regional Plan: Air Land and Water Under the Auckland Regional Plan: Air Land and Water Rule 5.5.4 b the discharge of stormwater from impermeable area created by Northside Drive (East) would be a discretionary activity where the rule states:

Rule 5.5.4 Other than for discharges authorised by Rules 5.5.1, 5.5.2 or 5.5.3, the diversion and discharge of stormwater is a Discretionary Activity if it complies with all of the following standards and terms: (b) Where the discharge arises from a subdivision or development that is located outside Urban Areas, the average ratio of total impervious area to lot area for the subdivision or development shall be less than 6%; unless the land is zoned for future urban growth in the relevant District Plan and the development is in accordance with a Structure Plan (incorporated into the District Plan) and an Integrated Catchment Management Plan; or unless the land is designated for a road;

It is likely the works within the Notice of Requirement will be a discretionary activity and prior to initiating the works resource consent will be sought from the Auckland Council.

The New Zealand Transport Agency is the requiring authority with an existing designation (NZTA4) in relation to an area of Northside Drive East (the western extent of the proposed road and the accessway to the stormwater pond) close to the new motorway. Unless this designation is removed in the future, any works undertaken within that existing designation will require written approval of the NZTA as the primary requiring authority for that land. Works inside that existing designation must be not prevent or hinder the project of work to which the NZTA designation relates.

8.4. National Environmental Standard for Assessment and Managing Contaminants in Soil to Protect Human Health

The Soil NES include, by reference, the following Ministry for the Environment (MfE) guidance documents:

Contaminated Land Management Guidelines (CLMG) No. 1: Reporting on Contaminated Sites in New Zealand, (revised 2011).

Contaminated Land Management Guidelines No. 2: Hierarchy and Application in New Zealand of Environmental Guideline Values, 2001 (revised 2011).

Contaminated Land Management Guidelines No. 5: Site Investigation and Analysis of Soils (revised 2011).

Contaminated Land Management Guidelines: Schedule B - The Hazardous Activity Industry List (HAIL) (revised 2011).

These guidelines have regulatory status in New Zealand. The Soil NES mandates the methods for setting applicable numerical standards for contaminant in soil that are protective of human health and establishes a national set of soil contaminant standards (SCS) for 12 priority contaminants. On any land on which any

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activity (current or historic) included in the Hazardous Activity Industry List (HAIL) has occurred the Soil NES also regulates:

Site investigation and reporting (Preliminary site Investigation (PSI) and Detailed Site Investigation (DSI)).

The sampling of soils for contamination assessment; and Contamination investigations and health risk assessments when disturbing soil,

subdividing land and changing land use It is noted that the HAIL includes Category H “Any land that has been subject to the migration of hazardous substances from adjacent land in sufficient quantity that it could be a risk to human health or the environment”. The provisions of the NES have more weight than the District Plan.

8.5. Outline Plan of Works Under section 176A of the Act, Auckland Transport is required to submit an Outline Plan of the Work to be constructed on the designated land, prior to the commencement of construction. This will allow Auckland Council the opportunity to consider and request changes via conditions to the Outline Plan of Works. The Outline Plan of Works will be submitted in accordance with section 176A(3) of the Act and will indicate the following:

The width of the carriageway and pedestrian footpaths and cycle ways; The layout of the proposed lanes, turning lanes and intersections; The final design of median strips (if they are required) being either planted controls

and/or a physical barrier between the lanes; Area and volume of proposed earthworks and an earthwork management plan; Alternative traffic routes or temporary modifications to the existing access way

during the construction period; The low impact design of grasses swales for stormwater treatment proposed; Vegetation removal; Noise mitigation; and Any other matters proposed to avoid, remedy or mitigate adverse effects on the

environment. Section 176A (2) allows for Auckland Council to waive the requirement for an Outline Plan of Works.

9. Consultation The area subject to this notice of requirement has the following ownership:

New Zealand Transport Agency being the requiring authority and owner of land that provided for the extension to State Highway 16 (NZTA 4)

Private property owners (see Land Requirement Report in Appendix A for full details). Prior to lodgement of this Notice each landowner and NZTA was advised by letter (Appendix M) introducing the project and informing them that Auckland Transport is seeking to designate a portion of their site. Further consultation occurred in May 2012 with an Auckland Transport hosted open day where landowners and other interested parties had a further opportunity to discuss the project with Auckland Transport staff. Please refer to Appendix M for copies of the documentation that was sent to landowners.

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Additional discussions have been undertaken landowners along the route but those discussion have been related to land acquisition rather than directly for this Notice. 10. Information Required by the District Plan, Regional Plan or any Regulations Made

Under the Resource Management Act 1991 The affected land is located within Auckland Council’s jurisdiction. Relevant statutory documents are:

the Auckland Regional Policy Statement, the Auckland Regional Plan: Sediment Control and the Proposed Auckland Regional

Plan: Air, Land and Water; and the Auckland Regional Growth Strategy / Waitakere Growth Management Strategy the Operative Auckland Council District Plan (Waitakere Section) 2003, [Waitakere City Freight Plan 2009 draft] National Environmental Standard for Assessing and Managing Contaminants in Soils

The Notice of Requirement has been assessed for environmental effects in Section 5 of the RMA (in Section 12.1 below), and against the following statutory documents:

Auckland Council District Plan (Waitakere Section) 2003; Auckland Regional Policy Statement; Auckland Regional Plan: Sediment Control; and Proposed Auckland Regional Plan: Air, Land and Water.

The following is an assessment of the Notice of Requirement in terms of the relevant provisions of the identified planning documents relating to the wider Hobsonville area.

10.1.Auckland Council District Plan (Waitakere Section) 2003

The land directly affected by the proposed road is entirely Countryside Human Environment and General Natural Area. In addition to the Human Environment there is an existing New Zealand Transport Agency Designation (NZTA 4) located at the western end of the proposed route which will be subject to the designation both for the road and the associated stormwater pond. 10.1.1. Objectives and Policies of the District Plan

The purpose of this Notice of Requirement is to provide for a future road corridor that will improve the functionality of the transport network in the Massey North and Hobsonville areas. The road corridor will provide for a safe and efficient motor vehicle, cycle and pedestrian link between the Massey North Area and Hobsonville. The Notice of Requirement will be consistent with the Objectives and Policies of the District Plan (contained in Appendix N), particularly those directly related to transport infrastructure.

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10.1.2. Relevant District Plan Rules Citywide Rules

Undertaking works on a site subject to natural hazards is considered a limited discretionary activity under Rule 1.1.

On sites identified as potentially contaminated remediating that site is considered a controlled activity under Rule 2.1. Undertaking works but not remediating is considered a discretionary activity under Rule 2.2.

General Natural Area

Vegetation alteration is considered a limited discretionary activity under Rule 2.3.

Earthworks would be considered a discretionary activity depending upon the volume being either under or over 300m³.

Impermeable surfaces do not have a threshold with regard roads under Rule 4.1.

Countryside Environment

Buildings are required to be setback 10 metres (or three metres where the site is less than 0.4 hectares in area) from the front boundary. The potential land-take will likely induce an infringement of Rule 3.1 for several properties along Northside Drive.

Building coverage cannot exceed 300m² or 1% of the net site area. The potential land-take will not induce an infringement of Rule 6.1.

Where a sign is proposed it would be considered a Limited Discretionary Activity under Rule 11.2 provided it did not exceed 0.5m² in area. Exceeding that threshold would be considered a Discretionary Activity. Signage will not be required until the time that the road is formed.

Roads are considered infrastructure and would be considered a Discretionary Activity under Rule 13.4.

Transport Environment (only following the vesting of the road with Council)

Roads are considered a permitted activity under Rule 5.1. Road signs are a permitted activity in the Transport Environment under Rule

4.1. Street lights are a permitted activity in the Transport Environment under Rule

6.1. 11. Further Information The Designation Guidelines section from the District Plan lists further information to that required under s168 of the Act to be submitted with this Notice of Requirement. It is considered that this report includes that information. The Notice of Requirement aligns with the relevant provisions of the District Plan.

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12. National Legislation and Policy

12.1. The Resource Management Act 1991 The Resource Management Act 1991(RMA) provides the decision-making framework within which to assess options and determine the environmental effects and mitigation measures and also define the statutory processes that will influence the project outcomes. Part 2 of the RMA outlines the Purpose and Principles of the Act. In terms of Part 2 of the Act the following provisions are considered to be relevant to this proposal: Section 5 - Purpose

(1) The purpose of this Act is to promote the sustainable management of natural and physical resources.

(2) In this Act, "sustainable management" means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while -

(a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and

(b) Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and

(c) Avoiding, remedying, or mitigating any adverse effects of activities on the environment.

Section 6 covers matters of national importance. There are no matters of national importance considered relevant to this proposal.

Section 7 addresses other matters that particular regard must also be had and those considered to be relevant to this proposal include:

In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to:

a) kaitiakitanga: (aa) the ethic of stewardship: (b) the efficient use and development of natural and physical resources: (ba) the efficiency of the end use of energy: (c) the maintenance and enhancement of amenity values: (d) intrinsic values of ecosystems: (f) maintenance and enhancement of the quality of the environment: (g) any finite characteristics of natural and physical resources: (h) the protection of the habitat of trout and salmon: (i) the effects of climate change: (j) the benefits to be derived from the use and development of renewable energy.

The proposal is for the future creation of a new district arterial road including provision for both public transport, pedestrian and cycle movement. The propose works are considered to be necessary as a transport link in this part of the City especially given the recent re-identification of land in Massey North and Hobsonville. Therefore it is considered to be an efficient use of resources. There will be a reduction in amenity values to those properties

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currently along the existing accessway but, where possible, those potential issues have been addressed through landscape treatment. The works will not adversely affect quality of the surrounding environment including the adjacent watercourse.

On this basis, the effects of the proposal can be addressed and the proposal is considered to meet the purposes and principles of the RMA.

For these reasons it is considered that the proposal has regard for Part 2 of the RMA.

The Notice of Requirement is consistent with the purpose and principles of the Act. It meets the requirements of section 168 of the Act.

12.2. The Land Transport Management Act 2003 The Land Transport Management Act 2003 provides the statutory framework for land transport funding and management. It reinforces the obligation to improve social and environmental responsibility in land transport management. The Notice of Requirement assists in the achievement of this Act.

12.3. The New Zealand Transport Strategy 2008 The New Zealand Transport Strategy 2008 has been released by the Ministry of Transport and is the government’s vision for the future of transport in New Zealand. It contains five Objectives:

• ensuring environmental sustainability; • assisting economic development; • assisting safety and personal security; • improving access and mobility; and • protecting and promoting public health.

The proposal is consistent with the above Objectives and will improve all modes of transport between Massey North and Hobsonville.

12.4. Regional Policy

12.4.1. Auckland Regional Policy Statement The Notice of Requirement is considered to be consistent with the Strategic Direction and Regional Development policies within the Auckland Regional Policy Statement. In particular it is considered that, for the reasons outlined in previous sections of this Notice, it is consistent with:

Objective 2.5.1.1 To ensure that provision is made to accommodate the Region’s growth in a manner which gives effect to the purposes and principles of the Resource Management Act, and is consistent with these Strategic objectives and with the provisions of this RPS.

Objective 2.5.1.6 To promote transport efficiency, and to encourage the efficient use of natural and physical resources, including urban land, infrastructure, and energy resources.

Policy 2.5.2.1 The use, development and protection of natural and physical resources in the Region is to be managed so that the Region’s growth is

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accommodated in a manner and in locations which are consistent with the Strategic Objectives and which promote the sustainable management of those resources.

Policy 2.5.2.3 ... (v) the identification and provision of areas for future urban growth are managed through an integrated process on a regional basis and are consistent with the Strategic Direction.

Policy 2.5.2.6 Provision is to be made to enable the safe and efficient operation of existing regional infrastructure which is necessary for the social, and economic wellbeing of the region’s people, and for the development of regional infrastructure (including transport and energy facilities and services) in a manner which is consistent with this strategic direction and which avoids, remedies or mitigates any adverse effects of those activities on the environment.

Policy 2.6.1.2 Urban development shall be contained within the defined limits (including the metropolitan urban limits and the limits of rural and coastal settlements – referred to in Strategic Policy 2.5.2- 3) shown in the Auckland Regional Policy Statement from time to time, and its form shall be planned and undertaken through an integrated process on a regional basis and in ways that are consistent with the Strategic Direction and: … (iv) enable the operation of existing regional infrastructure and the provision of

necessary new or upgraded regional infrastructure which is operated and developed in a manner which ensures that any adverse effects of those activities on the environment are avoided, remedied or mitigated;

(v) facilitate efficient provision of services (including utility services, transportation facilities or services, and community facilities and services, such as schools, libraries, public open spaces) through the utilisation or upgrading of existing facilities, or the provision of new ones;

(vii) Avoids, remedies or mitigates adverse effects on the environment.

Objective 4.3 1. To avoid, remedy, or mitigate the adverse effects of transport on the

environment and, in particular: (i) to avoid, remedy, or mitigate the adverse effects of transport on air quality

and water quality; (ii) to reduce the need for the transport system to use non-renewable fuels; (iii) to avoid, remedy, or mitigate the adverse effects of the transport system

on local amenities and infrastructure. 2. To develop a transport network which enables all sections of the community to

gain access to community resources. 3. To develop a transport network which provides an acceptable level of

accessibility between important activity areas. 4. To develop a transport network which is as safe as is practicable.

Policy 4.4.1.1 Land use and transport planning will be integrated in a way which reduces the need for vehicle travel. Policy 4.4.1.2 Development of the transport system will be guided in a way which:

(i) promotes the use of forms of transport which have fewer adverse effects on

the environment; (ii) reduces the environmental effects of transport at source; (iii) reduces the need to use non-renewable fuels;

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(iv) avoids, remedies, or mitigates the adverse effects of transport on water quality;

(v) avoids, remedies, or mitigates the adverse effects of transport in the modification of landscape and the destruction of natural habitats;

(vi) avoids, remedies, or mitigates the adverse effects of transport on local amenities.

Policy 4.4.7

1. Transport links which promote the efficient movement of people, goods and

services throughout the Region will be identified in the Auckland Regional Land Transport Strategy and will be required to be protected in district plans.

2. The efficiency of congested transport corridors will be increased by encouraging increases in person carrying capacity (i.e., by supporting public transport, car pooling and high occupancy vehicles) and freight carrying capacity (i.e., by supporting consolidation of loads and rail freight) rather than vehicle capacity.

3. Central government will be requested to ensure that funding is available to enable the development of a safe, effective, affordable transport system.

Of most relevance to this project are the objective and policies specific to transport in Chapter 4 of the Auckland Regional Policy Statement. Of particular significance to this project is Objective 4.3, which focuses on the safety, efficiency and the minimisation of adverse effects on the environment of Auckland‘s transport network.

Objective 4.3 outlines the need to develop a transport network which

“provides an acceptable level of accessibility between important activity areas”

and which

“is as safe as is practicable”.

The proposed road corridor arising from this Notice of Requirement is consistent with Objective 4.3. The works involve the provision of a new road corridor which shall result in an enhanced level of accessibility between important new industrial/commercial activity areas for both vehicular and non-vehicular modes of movement.

12.4.2. Auckland Regional Land Transport Strategy 2010

The Auckland Regional Land Transport Strategy 2010 is the current operative document that provides a strategy for transport in the Auckland Region over the next thirty years. The Strategy includes specific reference to the relevant national legislation and other regional planning documents. It records the need to provide accessible, efficient and safe transport facilities in a manner that does not compromise the environment and identifies a number of objectives and goals. In regard to the current Notice of Requirement, improvements will be consistent with the objectives and policies of the Regional Land Transport Strategy. Specifically:

Improving Access and Mobility, Protecting and Promoting Public Health; and Ensuring Environmental Sustainability.

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The works are considered consistent with these Objectives, as the proposed road corridor will enable both vehicular and non-vehicular movement between Massey North and Hobsonville to be constructed. In addition to the carriageway pedestrian and cycleways will also be constructed. All these aspects will allow for an increase in the efficiency of the existing transport system.

12.4.3. Auckland Transport Plan 2009

The Auckland Transport Plan brings all of the region's transport programmes together in one place, offering a single transport view for the region. That document specifically earmarks a route in the position of Northside Drive as being part of the Proposed Regional Cycle Network10. In addition, the Auckland Transport Plan identifies areas where the Auckland Transport Authority wishes to facilitate economic development at existing and emerging economic hubs11.Northside Drive (Massey Link Road) has been identified in Table 9: North: Strategic Focus and Outcomes of that Plan. The works are considered consistent with this Plan, as the road corridor will provide for four lanes of traffic as well as pedestrian and cycleways.

12.4.4. Auckland City Council Policy

Waitakere City Freight Plan: Freight Management Plan 2009-2040 Consultation Draft

This draft Plan addresses a range of issues including freight modes, identification of indicative freight routes with specific reference to those routes between Henderson and SH16 and in new growth areas. It seeks better integration of freight movement with the council's land use goals as well as ensuring ongoing road user and pedestrian safety.

6.1.3 Westgate ~ Hobsonville NZTA are realigning SH16 and SH18 and building these to motorway standard in the Westgate and Hobsonville area. SH16 will extend the north western motorway to Brigham Creek Road and SH18 will provide a motorway link between Westgate and Albany. It is expected that Hobsonville Road and the existing SH16, between Hobsonville Road (west end) and Brigham Creek Road (west end), will then become council controlled roads. This stretch of existing SH16 will become “Don Buck Extension” Road. The Council has zoned land in the Westgate and Hobsonville areas for urbanisation. Part of this rezoned land will accommodate large footprint industrial, manufacturing, transport and logistics uses. Other areas will be for residential and town centre uses. These uses will all attract freight vehicles. The Council is responding to these changes by:

Designing Hobsonville Road and Don Buck Extension Road to accommodate freight vehicles;

Providing a new road between Trig Road and Don Buck Extension Road, to be called Northside Drive. This road will cross the new SH16 motorway extension. The Council has sought NZTA’s agreement to locating motorway ramps on Northside Drive linking it to the motorway as this will provide direct access into the new business area at Westgate from the motorway;

Identifying Brigham Creek Road as a freight route; and 10 Auckland Transport Plan: Map 3: on Page 35 11 Auckland Transport Plan: Section 4.3 Achieving Strategic Focus and Outcomes.

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Address for Service of Requiring Authority:

Auckland Transport

Private Bag 92250

Auckland 1142

Contact Person: Chris Beasley

Telephone: 09 440 7436

e-mail: chris.beasley@aucklandtransport.govt.nz

and

GHD Limited

P O Box 6543

Wellesley Street

Auckland 1141

Contact Person: Hamish Anderson

Telephone: 09 370 8190

Email: hamish.anderson@ghd.com