Wednesday 10 March 2010

The Consent

The following is the Wellington City Council planners' report approving resource consent for the WellyWood sign. Obtained by The Masked Marvel under the Local Government Official Information and Meetings Act 1987.



PROPERTY, HOUSING, CONSENTS AND LICENSING

RESOURCE CONSENT - DECISION REPORT

SR No. 206773

Address: 10 Miramar Avenue

Property File:1027759

Proposal: Land use consent to erect signage

District Plan Area: Airport & Golf Course Recreation Precinct

Notations in District Plan: The subject site is located within the Wellington International Airport Air Noise Boundary, and is subject to Designation G2 – Airspace Designation. Part of the site is subject to a restricted frontage for vehicle access as shown on Map 46. Maori heritage site M100 (Mapuia Pa – listed for information only) is shown to be located on the immediately adjoining site situated to the north west of the subject site, and the site is adjoined by land which is within a Hazard (Ground Shaking) Area.

Relevant Plan Changes: There are no relevant plan changes.

SITE DESCRIPTION

Legal Description: Section 1 SO 31875

Site Area: 5.7668ha

Owner: Wellington International Airport Ltd

The applicant adequately describes the site and immediate surrounds in section 2.0 of the application which should be read in conjunction with this report.

PROPOSAL

The application is to erect a “Wellywood” sign on the site comprising 9, 3.5m high, individual letters supported by a steel truss network. The applicant describes the proposal in detail in the application, including the proposed installation methodology, which should be read in conjunction with this report.

ACTIVITY STATUS

Rule 11.3.3 - non-airport structure

Standards and Terms have been met

While the applicant has stated that a traffic report has not been submitted with the application, there is no requirement for such a report to be submitted by a suitably qualified traffic engineer (or similar). The application contains sufficient detail of the traffic impacts of the proposal relative to the scale of the proposed activity, and is deemed suitable to meet this requirement.

Discretionary (R)

Rule 11.3.4 - signage

Standards and Terms have been met

Discretionary (R)

NOTIFICATION ANALYSIS

95A(3)(a)/95B(2) The proposal is for discretionary (restricted) activities and rules in the District Plan precludes public or limited notification of the application.

95A(4) There are no special circumstances relating to this proposal which requires it to be publicly notified.

The nature of the rules and activity status that the proposal is subject to indicate that the activity is one that is anticipated by the District Plan. While signage by its nature can invoke different reactions from people who may or may not like the content, that in itself is not considered to be a special circumstance that warrants the public notification of the application.

SECTION 104 ASSESSMENT

Section 104(1)(a)

I concur with the assessment of effects contained within section 5.0 of the application and adopt this assessment under section 42A(1B)(a) of the Act.

It is considered that the effects of the sign will be no more than minor when considered against the nature of effects anticipated by the District Plan, noting that consent is being sought for a 5 year period at the end of which the sign and supporting structure will either be removed leaving little trace of its existence, or that a new resource consent will need to be obtained and assessed on merit at that time. Any lighting, if installed, will be appropriately assessed to ensure that airport operational safety is maintained and would be fixed down lighting above each of the characters if it happens at all.

Construction effects, including noise, will be short term in duration and are mitigated by separation distances from neighbouring properties and topography, the suggested conditions of consent proffered by the applicant, and by additional conditions included in the decision below. The proposal is designed to be carried out with minimal earthworks involved to the extent the permitted earthworks rules are not exceeded, and it will be subject to a Building Consent where the structural integrity of the design and ability for the land to support the structure itself will be appropriately dealt with.

Section 104(1)(b)

I have considered this proposal in terms of any relevant assessment criteria set out in the Plan. Essentially there are no assessment criteria relating to Rules 11.3.3 and 11.3.4. The standards and terms of Rule 11.3.3 do give some guidance on the matters to be considered under this rule. This should be considered in relation to the effects assessment set out above, and the proposal is considered to be consistent with the outcome sought by the Plan.

The proposal is consistent with the relevant objectives and policies of the Plan.

Objective 10.2.1 , Policy 10.2.1.1, Policy 10.2.1.2

Objective 10.2.3, Policy 10.2.3.1, Policy 10.2.3.2, Policy 10.2.3.4

Objective 10.2.4, Policy 10.2.4.2, Policy 10.2.4.3

Objective 10.2.5, Policy 10.2.5.1

Objective 10.2.6, Policy 10.2.6.1, Policy 10.2.6.2, Policy 10.2.6.3

Section 104(1)(c)

There are no other matters that the Council needs to consider when assessing the application.

SECTION 108

There are a number of conditions included below that have either been proffered by the applicant and therefore can be imposed whether they fall entirely within discretion or not, or have been imposed as they are considered appropriate under section 108 to mitigate the effects of the proposal on the environment.

CONCLUSION

The effects of this proposal are no more than minor and the proposal is consistent with the objectives, policies and assessment criteria of the Wellington City District Plan. Having considered the matters set out in section 104 of the Act, I am of the opinion that consent can be granted subject to appropriate conditions.

DECISION:

That officers acting under delegated authority from the Council and pursuant to section 104C of the Resource Management Act 1991, grant consent to the proposal to erect a sign at 10 Miramar Avenue, Miramar, being Section 1 SO 31875, subject to the following conditions:

Conditions of Consent:

General:

(a) That the proposal must be in accordance with the information provided with Application Service Request No. 206773 and the following plans by Beca, all dated 17/12/09:

· Views Sheet 1 – Dwg No. 5273269-SK00

· Views Sheet 2 – Dwg No. 5273269-SK01

· Location & Setout Plans - Dwg No. 5273269-SK02

· Truss & Sign Elevation and Notes - Dwg No. 5273269-SK03

· Section - Dwg No. 5273269-SK04

· Rock Anchor Details - Dwg No. 5273269-SK05

(b) The supporting structure of the sign must be finished in a recessive colour(s) to minimise its visual impact.

(c) At a period not exceeding 5 years from the date of completion of the sign, it must be completely removed from the site (including all supporting structures), and the site reinstated to the satisfaction of the Council’s Compliance Monitoring Officer.

Earthworks:

(d) The consent holder shall nominate a Chartered Engineer who must supervise all engineering aspects of the construction of the earthworks and on completion of construction provide the Council’s Compliance Monitoring Officer with a completion statement/certificate (PS4)

Note: If the consent holder wishes to change Engineer they must advise the Compliance Monitoring Officer in writing.

(e) Silt and stormwater runoff must be controlled for the duration of the works and sediment must be prevented from entering neighbouring properties and the Council’s stormwater system.

Note: Greater Wellington Regional Council’s booklet entitled “Small earthworks, Erosion and sediment control for small sites” should be referred to and appropriate measures put in place as necessary for the duration of the site works and until the site has been stabilised through replanting or building/hard surfacing. A copy of this booklet is available on request to the Wellington City Council resource consents customer service staff (801-3590), or to Greater Wellington Regional Council.

Hours of Work/Noise:

(f) Except as provided for in condition (g) below, the hours of works shall be in accordance with the Council’s Code of Practice for Land Development, Part B - Earthworks Design and Construction. The hours of all construction work are restricted to:

· Monday to Saturday 7:30am to 6pm

· Quiet setting up of site (not including running of plant or machinery) may start at 6:30am

· No work is to be carried out on Sundays or public holidays.

(g) Notwithstanding condition (f) above, due to the potential impact of the operation of cranes on Wellington Airport’s Obstacle Limitation Surfaces, should it be necessary for crane operation to be conducted during the Airport Curfew hours of 1am to 6am in such instances care is to be taken to avoid creating unnecessary noise or prolonging work beyond what is reasonably necessary. All persons undertaking day-to-day activity management will adopt the best practical option at all times to ensure the emission of noise from the site does not exceed a reasonable level in accordance with section 16 of the Resource Management Act 1991.

Construction Traffic:

(h) Construction traffic is to predominantly enter the site via Wexford Road. Where direct access from Cobham Drive is required, this access shall not take place during the peak congestion times of 7:30am to 9:30am and 3pm to 6pm Monday to Friday inclusive, except public holidays. The use of Cobham Drive to directly access the site must be avoided unless there is no alternative.

Lighting:

(i) Should lighting be installed, it shall be in general accordance with the information provided with the application, and certification must be provided by WIAL confirming that it will not adversely impact on the safety of airport operations.

Monitoring and Review:

(j) Prior to starting work, the consent holder must advise of the date when work will begin. This advice must be provided at least 48 hours before work starts to the Wellington City Council's Compliance Monitoring Officer by either telephone (801 4017) or facsimile (801 3165), and must include the address of the property and the service request number.

(k) The consent holder shall pay to the Wellington City Council the actual and reasonable costs associated with the monitoring of conditions [or review of consent conditions], or supervision of the resource consent as set in accordance with section 36 of the Resource Management Act 1991. These costs* may include site visits, correspondence and other activities, the actual costs of materials or services, including the costs of consultants or other reports or investigations which may have to be obtained.

* Please refer to the current schedule of Resource Management Fees for guidance on the current administration charge and hourly rate chargeable for Council officers.

Notes:

1. The land use consent must be given effect to within 5 years of the granting of this consent, or within such extended period of time pursuant to section 125 as the Council may allow.

2. Where appropriate, the Council may agree to reduce the required monitoring charges where the consent holder will carry out appropriate monitoring and reporting back to Council.

3. This resource consent is not a consent to build. Such a consent must be obtained under the Building Act 2004 prior to commencement of construction.

4. The applicant is advised to consult with officers of the New Zealand Historic Places Trust (NZHPT) regarding the need for any archaeological assessment of the site or archaeological authority prior to any earthworks or construction taking place. If any activity associated with the above proposal, (such as earthworks), is likely to modify damage or destroy an archaeological site, an authority from the NZHPT must be obtained for the work to proceed lawfully. In the event that an archaeological site is encountered during work, all works must cease on the site, and you must contact the NZHPT as soon as possible.

The Historic Places Act 1993 provides for the identification, protection, preservation and conservation of the historic and cultural heritage of New Zealand. Under section 2 of the Act, an archaeological site is defined as a place associated with pre-1900 human activity, where there may be evidence relating to the history of New Zealand. This definition of archaeological sites may include buildings and associated features such as artefacts, rubbish heaps, foundations, pipes, wells, and other archaeological remains. Section 10 of the Act directs that an authority is required from the New Zealand Historic Places Trust) if there is “reasonable cause” to suspect an archaeological site (recorded or unrecorded), may be modified, damaged or destroyed in the course of any activity. An authority is required for such work whether or not the land on which an archaeological site may be present is designated, or a resource or building consent has been granted.

5. If any antiquities, koiwi, taonga or other artefact material is discovered in the course of works on the site that could be of significance to Maori, local Iwi should be notified immediately. This requirement should be specified in the Contract Specifications for the building project. This is to allow Iwi representatives and/or other advisors to inspect the site and then arrange with the consent holder appropriate steps to recover the artefacts and/or safeguard them so that work can resume.

6. Rights of objection to the conditions specified above may be exercised pursuant to section 357A(2) by the consent holder. Any objection shall be made in writing, setting out the reasons for the objection within 15 working days of this notification or within such extended period as the Council in any special case may allow.

Reasons for Decision:

1. The effects of the proposal on the environment will be no more than minor.

2. The District Plan provides for the application to be processed on a non-notified basis and without service.

3. This proposal is in accordance with the relevant objectives, policies and assessment criteria of the Wellington City District Plan.

Report prepared by: Bill Stevens

Bill Stevens Halley Wiseman

Delegated Officer Delegated Officer

(date) (date)

Delegation Authority No. (1 & 2)