Key Issues Report of the Porirua City Council

Key Issues Report of the Porirua City Council
Key Issues Report of the Porirua City
              Commissioned by the Environmental Protection Authority
              under Section 149G(3) of the Resource Management Act
              1991 on the Notices of Requirement and Resource Consent
              applications pertaining to the Transmission Gully Project.

Environment and Regulatory services
Report Author
                Richard Watkins                       Date
                Principal Resource Consents Planner

Peer Reviewer
                Adrian Ramage                         Date
                Manager Resource Consents


1.     Purpose

2.     Scope

3.     Conflict

4.     Relevant plan provisions

5.     Summary of Consents

6.     Activity status of all proposed activities

7.     Permitted baseline and existing environment

8.     Any other key issues

Appendix A – Porirua City District Plan Objectives and Policies
Appendix B – Links to Porirua City District Plan Rural and Public Open Space Zone's
             Permitted Activity provisions and National Policy Statement on
             Electricity Transmission Objectives and Policies

1.1   On the 15th August 2011, the New Zealand Transport Agency (NZTA) in
      conjunction with Porirua City Council (PCC) and Transpower New Zealand
      Limited (Transpower) gave Notice's of Requirement and made associated
      applications for resource consent with the Environmental Protection Agency
      (EPA) for a proposal generally referred to as the 'Transmission Gully Project'.

1.2   In accordance with Section 149G(3) of the Resource Management Act 1991
      (the Act), the Environmental Protection Authority has commissioned the
      Porirua City Council to prepare a report on the key issues of the Transmission
      Gully Project (hereon referred to as TGP). The purpose of this report is to
      contextualise TGP within Porirua City's planning framework and instruments
      and to identify any key issues.

1.3   Various Notices of Requirement (NoR) have been given/issued as part of TGP
      reflecting the two requiring Authorities and the cross-boundary nature of them.
      Applications for resource consent have also been made due to activities
      associated with the construction of the proposed roads not being permitted by
      the various plans that fall within the jurisdiction of the Greater Wellington
      Regional Council. Resource consent has also been applied for the relocation of
      the existing transmission lines. This report is limited to those matters pertaining
      to NoR3 (Transmission Gully Main Alignment - TGM), NoR5 (Kenepuru Link
      Road), NoR7 (Whitby Link Road), NoR8 (Waitangarua Link Road) and that
      part of the transmission line being relocated within the Porirua City boundaries.

1.4   Section 149G(3) of the Act requires the following:

      (3) The EPA must also commission the local authority to prepare a report on
          the key issues in relation to the matter that includes—
          (a)any relevant provisions of a national policy statement, a New Zealand
              coastal policy statement, a regional policy statement or proposed
              regional policy statement, and a plan or proposed plan; and
          (b)a statement on whether all required resource consents in relation to the
              proposal to which the matter relates have been applied for; and
          (c) if applicable, the activity status of all proposed activities in relation to
              the matter.

2     SCOPE
2.1   This report identifies the key issues in relation to TGP that includes those items
      listed in S149G(3) (see para 1.4). As well the inclusion of those listed items the
      EPA has requested that the Council should provide the following:
      "(d) confirmation of the status, and weighting if proposed, of any relevant
           regional policy statement, and or relevant plan; and
      (e) Detail of the permitted baseline and existing environment for the resource
          consents applied for within your jurisdiction. This will include:
          • The permitted base line, and details of any relevant consents held in the
            area that form the existing environment within your authority’s

• Comment on whether the proposed consents applied for within your
             jurisdiction will affect any relevant existing consent holder's ability to
             implement their existing consents, should the proposed consents be
      (f) Identify any "sensitive land use" in relation to any Transpower consents in
          your jurisdiction, as defined in the National Environmental Standards for
          Electricity Transmission Activities.
(g)   Any other matter which is relevant to the key issues associated with the

2.2   In commissioning the report, the EPA have specified that the report should not
      be in the nature of a submission on TGP or advocate for a particular outcome2.
      The EPA has also specified that the report should not include a detailed
      assessment of the adequacy of the draft conditions3. This is acknowledged by
      the Author and the report has been prepared accordingly.

2.3   It is not considered within the scope of this report, nor necessary, to summarise
      the proposed NoR's and resource consent and the activities that are required to
      be undertaken to give effect to them should they be confirmed/granted.
      Descriptions of the proposals are generally covered in the application material.

3.1   In preparing this report, the author acknowledges on behalf of PCC the
      following actual, potential or perceived conflicts of interest:
      • Porirua City Council is the requiring authority applying for two Notices of
           Requirement (NoR's) being NoR7 and NoR8 for the 'The Porirua Link
           Roads' which are being applied for concurrently with the Notices of
           Requirement from the New Zealand Transport Agency for the Transmission
           Gully Main Alignment and the Kenepuru Link Road along with associated
           resource consent applications to the Greater Wellington Regional Council.
           The Porirua City Council's Environment & Regulatory Services Group is
           responsible for the regulatory aspects of the Council's role in this Resource
           Management Act process. The Porirua City Council's Asset Management
           & Operations Group and Strategy and Planning Group are the primary
           Council groups responsible for the preparation and lodgement of the two
           NoR's. The Environment & Regulatory Services Group has recognised
           these differing roles through managing the potential conflict of interest by
           not seeking the assistance of the other Council groups in the checking of the
           completeness of these NoR's.
      • Porirua City Council submitted to the Western Corridor Transportation Plan
           (adopted 2006) which is contained within the Greater Wellington Regional
           Council Regional Land Transport Strategy (Approved September 2010).
           The Porirua City Council submitted in support of the Transmission Gully

  Clause 6.6 of the Statement of Work Contract reference: 282 between the Environmental Protection
Agency and Porirua City Council
  Clause 6.7 of the Statement of Work Contract reference: 282 between the Environmental Protection
Agency and Porirua City Council
  Clause 6.8 of the Statement of Work Contract reference: 282 between the Environmental Protection
Agency and Porirua City Council

route as opposed to the upgrade of the existing State Highway One Coastal

3.2   The Author is an employee of Porirua City Council and is employed within the
      Environmental and Regulatory Services Group. Due to the conflict of interest
      that the Porirua City Council has, this report has not been submitted to, either
      for input, comment and/or approval of any Council Committee or been the
      subject of any workshop with Councillor's. It is noted that no delegated
      authority is required by the Act to be able to approve a S149G(3) report being
      provided to the EPA.

4.1   The following is a list of what are considered to be the relevant statutory
      documents applicable to the various TGP NoR's within Porirua City.
      Identification of the applicable provisions to the Transpower Resource Consent
      application is addressed separately in paragraphs 4.73 – 4.79. The matters
      considered applicable to the TGP NoR's are as follows:

      National Policy Statements
      New Zealand Coastal Policy Statement

      Regional Policy Statements
      Wellington Regional Policy Statement
      Proposed Wellington Regional Policy Statement

      Regional Plans
      Regional Freshwater Plan for the Wellington Regional
      Regional Air Quality Management Plan for the Wellington Region
      Regional Coastal Plan for the Wellington Region
      Regional Plan for Discharges to Land for the Wellington Region
      Regional Soil Plan for the Wellington Region

      District Plan
      Porirua City District Plan
      Proposed Plan Change 12 – Public Open Space Zone update

      National Environmental Standards
      National Environmental Standards for Air Quality
      National Environmental Standard for Sources of Human Drinking Water

4.2   Comment on the documents under the headings of 'National Environmental
      Standards' and 'Regional Plans' in paragraph 4.1 is not considered appropriate
      for this particular S149G(3) report as these cover matters that are predominantly
      within the jurisdiction of the Regional Council. The objectives and policies are
      considered to be more likely applicable as part of the consideration of the
      applications for resource consent required by the various Regional Council
      planning documents that have been made concurrently with the NoR's.

New Zealand Coastal Policy Statement
4.3   The New Zealand Coastal Policy Statement 2010 (NZCPS) took effect on 3
      December 2010.       The NZCPS seeks to contribute towards the sustainable
      management of the coastal environment. A copy of this document can be found

4.4   It is considered that the NZCPS is relevant to the NoR's due to the proximity of
      the proposed State Highway 58 interchange and adjoining Site Compound
      within the area commonly referred to as Lanes Flat. Lanes Flat is a low lying
      area approximately 700 metres from the upper reaches of the Pauatahanui Inlet.
      The Pauatahanui Stream flows parallel to State Highway 58, through Lanes Flat
      and enters the eastern end of the Pauatahanui inlet via the Pauatahanui Wildlife
      Management Reserve. Due to the close proximity of Lanes Flat and the
      presence of the Pauatahanui Stream within, it is considered that it forms part of
      the coastal environment.

4.5   The NZCPS is also relevant for this proposal due to the substantial volume of
      earthworks that is required to be undertaken to construct the proposed
      Motorway and Link Roads. TGP is within the catchments of the streams
      adjacent to these works such as the Pauatahanui Stream, Duck Creek, Horokiwi
      Stream and Ration Stream that all flow into the Pauatahanui Inlet and in the
      case of the Porirua Stream, into Porirua Harbour.

4.6   The relevant Objectives of the NZCPS are to safeguard the ecological values of
      the coastal environment (Objective 1), to preserve its natural character
      (Objective 2), take into account the principles of the treaty of Waitangi and
      recognition/involvement of tangata whenua (Objective 3) and to maintain and
      enhance pubic open space and recreation opportunities (Objective 4). These can
      all be summarised as seeking to protect the values that form the coastal
      environment. Objective 6 of the NZCPS provides for enabling people and
      communities to provide for their social, economic and cultural wellbeing within
      the coastal marine area by recognising that appropriate development is possible
      but at the same time ensuring the protection of the values of the coastal

4.7   To support these Objectives, the NZCPS contains 29 Policies. The Statutory
      Provisions Report4 attached to the application lists almost all of what are
      considered to be the relevant policies being numbers 1, 2, 6, 13, 14, 21, 22 and
      23. Policy 1 seeks to recognise the extent and characteristics of the coastal
      environment which includes the coastal marine area and elements and features
      on the adjacent land that contribute to the natural character, landscape, visual
      qualities or amenity values. Policy 2 recognises the relationship of tangata
      whenua with the coastal environment and provides for their involvement
      including incorporation of mātauranga Maori in the consideration of Notices of
      Requirement. Policy 6 is about enabling activities at an appropriate level within
      the coastal environment whilst addressing the effects of them. The natural

 Technical Report 21(Folder 7 of 7 in Volume 3: Technical Reports and Supporting Documents) of the
TGP application

character of the coastal environment is recognised by seeking to preserve it
         (Policy 13) as well as rehabilitate or restore (Policy 14) where it has been
         degraded. Policy 21 provides recognition of deteriorated water quality and
         affords the opportunity for priority to improve that quality through various
         methods. Policy 22 relates to the identification of and management of sediment
         rates into the coastal environment whilst Policy 23 addresses the management of
         discharge of contaminants.

4.8      It is also considered that Policy 4 is relevant which the application has
         addressed5 but not included in the Statutory Provisions Report is relevant:

         Policy 4: Integration
         Provide for the integrated management of natural and physical resources in the
         coastal environment, and activities that affect the coastal environment. This
         a. co-ordinated management or control of activities within the coastal
            environment, and which could cross administrative boundaries, particularly:
            i. the local authority boundary between the coastal marine area and land;
            ii. local authority boundaries within the coastal environment, both within the
                 coastal marine area and on land; and
            iii. where hapū or iwi boundaries or rohe cross local authority boundaries;
         b. working collaboratively with other bodies and agencies with responsibilities
            and functions relevant to resource management, such as where land or
            waters are held or managed for conservation purposes; and
         c. particular consideration of situations where:
            i. subdivision, use, or development and its effects above or below the line of
                 mean high water springs will require, or is likely to result in, associated
                 use or development that crosses the line of mean high water springs; or
            ii. public use and enjoyment of public space in the coastal environment is
                 affected, or is likely to be affected; or
            iii. development or land management practices may be affected by physical
                 changes to the coastal environment or potential inundation from coastal
                 hazards, including as a result of climate change; or
            iv. land use activities affect, or are likely to affect, water quality in the
                 coastal environment and marine ecosystems through increasing
                 sedimentation; or
            v. significant adverse cumulative effects are occurring, or can be

4.9      The management of the effects, particularly those relating to the construction of
         the TGP, on the health of the receiving coastal environment are considered to be
         of relevance to this matter. This includes the appropriate management of the silt
         and sediment effects associated with the proposed earthworks, the management
         of on-site sewage generated by workers facilities at the Site Compounds,
         management of hazardous substances that may be utilised such as fuel storage
         and the management of the disturbance of contaminated material.

    Section 32.4 of the assessment of environmental effects

Regional Policy Statement
4.10 There is an existing Regional Policy Statement which was declared operative on
     the 15th May 1995. The applicant has identified what they consider to be the
     relevant provisions of the Regional Policy Statement which are categorised into
     resource types such as 'soils and minerals, coastal environment, natural hazards
     etc within the Statutory Provisions Report.

4.11 The categories applicable to the consideration of the Notices of Requirement as
     distinct from the resource consent applications are:

     The Iwi Environmental Management System (Chapter 4)
4.12 Objectives 2 & 3, Policies 2 & 3.
     These provisions relate to the recognition of tangata whenua and their
     involvement in the planning process. It is noted that the applicants have
     included a Cultural Impact Report6 prepared by Te Runanga o Toa Rangatira
     who are recognised to the tangata whenua within the Porirua area.

     Freshwater (Chapter 5)
4.13 Objectives 2 & 3, Policies 7, 12, 13, 16.
     These provisions seek to maintain the quality of water from the effects of
     activities. This includes appropriately addressing the effects of earthworks
     which have the potential to result in silt and sediment runoff into waterways if
     not suitably managed. The silt and sediment control measures will need to be
     sufficient enough to appropriately manage the effects of the earthworks that will
     be required to be undertaken as part of the construction of TGP. Policy 13
     relates to recognising the relationship of tangata whenua with waterways.
     Policy 16 includes provision for enhancing access to water bodies. The
     provision of a proposed walkway/cycleway including a pedestrian underpass at
     Bridge No. 15 as shown on plan GM13 and Sheet S15-02 along the Pauatahanui
     Stream as well as a similar arrangement at Bridge No.12 along the Ration
     Stream as shown on plan GM 10 and Sheet S12-01 may be appropriate forms of
     enhanced and or retaining access to these water-bodies.

     The Coastal Environment (Chapter 7)
4.14 Objectives 1, 3 & 4, Policies 1, 5, 6 7.
     These provisions are similar to those contained in the NZCPS. It is noted that
     Policy 1 makes reference to Table 8: Sites of National or Regional Significance
     for Indigenous Vegetation or Significant Habitats for Indigenous Fauna. Table
     8 lists amongst other sites the Pauatahanui Inlet (Wildlife Refuge, Wildlife
     Management Reserve) and Horokiwi (Wildlife Management Reserve). As
     mentioned previously the State Highway 58 Interchange and Proposed Site
     Compound are upstream of these sites.

     Ecosystems (Chapter 9)
4.15 Objectives 1 – 5, Policies 3 – 10.
     These provisions seek to sustain various ecosystems within the Wellington
     Region.    The Porirua City Council has identified Sites of Ecological

    Technical Report 18 in Folder 6 of 7 Volume 3: Technical Reports and Supporting Documents

Significance within the district which is discussed in further detail in Section 7
         of this report.

     Natural Hazards (Chapter 11)
4.16 Objective 1, Policies 1 – 4.
     These provisions seek to reduce the adverse effects of natural hazards to an
     acceptable level. This includes having sufficient information to inform the
     potential susceptibility of a proposal to natural hazards (Policies 1 & 2 which
     have been identified in the Statutory Provisions Report). The Ohariu Fault Line
     is identified in Council's GIS system as being sited through the northern tip of
     NoR3 which is also shown on Road Layout Plan Sheets GM04 and GM 057.
     Policies 3 & 4 are also considered to be applicable:

         Policy 3 – To recognise the risks to existing development from natural hazards
         and promote risk reduction measures to reduce this risk to an acceptable level,
         consistent with Part II of the Act.
         Given that one of the objectives of TGP is to improve regional network security
         for Wellington this provision would appear applicable.

         Policy 4 – To ensure that human activities which modify the environment only
         change the probability and magnitude of natural hazard events where these
         changes have been explicitly recognised and accepted.
         This policy seeks to ensure that the increased risk of a hazard has been
         appropriately evaluated. This can be applied to TGP in ensuring that the cut and
         fill batters are constructed in an appropriate geotechnical manner. This can also
         be applied to ensuring that the potential increased flooding risk to the four
         properties located off Joseph Banks Drive (Whitby) as identified in Section
         19.5.3 of the assessment of environmental effects is appropriately evaluated.

     The Built Environment and Transportation
4.17 The relevant objectives and polices are considered to be the same as has been
     identified in the Statutory Provisions Report.

     Proposed Regional Policy Statement
4.18 Decisions have been released on the Proposed Regional Policy Statement (RPS)
     in May 2010 which is currently the subject of appeals. This document, as
     amended       by      decisions   on     submissions     is    accessible     on
     It is considered that more weight should generally be placed upon the objectives
     and policies of the proposed RPS rather than the Operative RPS due to decisions
     being released upon submissions.

4.19 There are various policies within the proposed RPS which are considered
     relevant and regard should be had to in assessing TGP. In reading the proposed
     RPS, Section 4.2 identifies "the policies that need to be given particular regard,
     where relevant, when assessing and deciding on …notices of requirements.8"

    Volume 4:Plan Set

Policies 34 – 60 are included within Section 4.2 of the proposed RPS. A table
       on Page 147 of the proposed RPS categorises these particular policies into
       individual topics such as Coastal Environment, Indigenous Ecosystems, Natural
       Hazards etc.

4.20 Within the Statutory Provisions Report, various policies and objectives have
     been identified as being applicable to this proposal. It is considered that there
     are additional policies applicable to TGP which should be considered as part of
     this proposal which are included below as part of the identification of the
     relevant provisions. The following provisions are considered relevant in their
     respective Topics as identified in the table on page 147 of the proposed RPS:

     Energy, infrastructure and waste
4.21 Policy 38 seeks to recognise regionally significant infrastructure and lists the
     benefits including people and goods moving efficiently and safely around the
     region and to and from. Given that NZTA have classified the TGP as a Road of
     National Significance and that the objectives9 include improved network
     security and better provision for through movement of freight and people this
     provision is applicable. Likewise it also applies to the consideration of the PCC
     Link Road NoR's which also have as part of their objectives improved access
     from Porirua's eastern suburbs to other areas of the Wellington region.

     Fresh water
4.22 Policies 39 – 42 and 52 are considered to be applicable to TGP. Of these,
     Policy 40 which seeks to minimise the effects of earthworks and vegetation
     disturbance is very relevant during the construction phase of TGP due to the
     substantial earthworks that will be required to be undertaken. Policy 41, which
     seeks to minimise stormwater contamination, is relevant for when TGP is
     operating – it is noted that wetlands are proposed to be established along the
     route which could contribute to achieving the aim of this policy. Policy 52
     seeks to retain public access to and along the coastal marine area, lakes and
     rivers of which comment was provided previously in paragraph 4.13.

     Historic Heritage
4.23 Policy 45 seeks to manage the effects of activities on historic heritage values.
     The Porirua City District Plan has identified St Josephs Catholic Church10 as
     being a significant heritage feature worthy of protection. This church is
     identified on plan GM13 of the Plan Set. The potential effects that this church
     may be subjected to include noise11, vibration12 and visual13. TGP is also
     proposed to pass through Battle Hill Farm Forest Park which also is identified
     as a significant heritage feature14.

  Section 2.5.1 of assessment of environmental effects.
   Site JA02 within Section J – Heritage Register of the Porirua City District Plan
   Section within Folder 2 of 2: Volume 1 assessment of environmental effects report
   Section 16.4 within Folder 2 of 2: Volume 1 assessment of environmental effects report
   Section 25..3.3.3 within Folder 2 of 2: Volume 1 assessment of environmental effects report
   Site JB09 within Section J – Heritage Register of the Porirua City District Plan

Indigenous ecosystems
4.24 Policy 46 seeks to manage the effects on indigenous ecosystems and habitats
     with significant biodiversity habitats. As identified in paragraph 4.15, comment
     on the sites of ecological significance is included in Section 7 of this report.

4.25 Policy 49 seeks to manage the effects on outstanding natural features and
     landscapes and significant amenity landscapes.            Parts of the proposed
     Transmission Gully Motorway (TGM) and Waitangarua Link Road (NoR3 and
     NoR8) are located within an area identified as being part of the Whitby
     Landscape Protection Area (WLPA). Policy 49 provides an interim assessment
     framework for areas that include those already identified in the District Plan
     prior to policies 24 and 26 being given effect to as is the case withy the WLPA.
     Further comment on the WLPA is provided in the identification of policy
     C9.1.15 below in paragraph 4.42.

     Natural Hazards
4.26 Policy 50 seeks to minimise the risks and consequences of natural hazards and
     in achieving this measure Policy 51 seeks to minimise the adverse effects of the
     hazard mitigation measures that are utilised. It is noted that Policy 51 was
     omitted from the Statutory Provisions Report (Technical report 21) though it is
     referenced in Section – Natural Hazards of the a.e.e. Policy 51 seeks
     that when designing measures to mitigate the risk of natural hazards that the
     method utilised needs to be of a structural or hard engineered nature or a non-
     structural or soft engineering method can be utilised. These provisions are
     considered to be relevant due to the aforementioned presence of the Ohariu fault
     Line and also in that the earthworks cut and fill batters are designed and
     constructed in a manner that addresses the hazard risk posed to them in terms of

     Regional form, design and function
4.27 Policies 53, 56 and 57 are identified as being required to have particular regard
     to when considering NoR's in terms of this topic. Policy 53 relates to achieving
     the regions urban design principles which includes such design elements as
     connections, context and character. Policy 56 refers to the Wellington Regional
     Land Transport Strategy15 (approved September 2010) which identifies
     Transmission Gully as one of the implementation measures16.

     Resource Management with tangata whenua
4.28 Particular regard is to be had to the principles of the Treaty of Waitangi (Policy
     47) and avoiding adverse effects on matters of significance to tangata whenua
     (Policy 48). As mentioned previously in paragraph 4.12 a cultural impact
     assessment has been included with the application. Battle Hill Farm Forest Park
     is identified as a tapu site in the Council's Geographic information System (GIS)
     so there is the potential that items of cultural significance could be present there.

   Section 2.1 of Appendix Four – Implementing the RLTS

Soils and Minerals
4.29 Policy 40 is considered to be relevant which relates to minimising the effects of
     earthworks and vegetation disturbance. As commented earlier there are
     substantial earthworks proposed as part of the construction of TGM and the
     effects of these will need to be appropriately managed. There are also areas of
     significant ecological value identified by the Council which is discussed in
     Section 7 of this report.

     Porirua City District Plan
4.30 The Porirua City District Plan (the District Plan) was prepared under the
     Resource Management Act 1991, notified 25 October 1994, and declared
     operative on 1 November 1999. Since this time various plan changes have been
     prepared as part of a 'rolling review' of which the majority are now operative.

4.31 The TGP traverses several zones as defined by the District Plan. The zones
     traversed by TGP inform, in part, what are considered to be the 'zone specific'
     relevant District Plan Objectives and Policies that particular regard is to be had
     in considering the effects on the environment of TGP. The zones affected by
     each of the NoR's are as follows:

     NoR3 (Main Alignment)
     • Rural
     • Public Open Space Zone
     • Suburban
     • Judgeford Hills Zone
     • Recreation Zone

     NoR5 (Kenepuru Link Road)
     • Suburban Zone;
     • Industrial Zone

     NoR7 (Whitby Link Road)
     • Suburban Zone

     NoR8 (Waitangarua Link Road)
     • Rural Zone;
     • Suburban Zone

4.32 In identifying the zones, it is acknowledged that neither the NoR's nor the
     Transpower application are subject to having to comply with the Rules of the
     District Plan.

4.33 There is one plan change that has land affected by TGP being Proposed Plan
     Change 12. Decisions on submissions to proposed Plan Change 12 were
     notified on 2 August 2011 in accordance with Clause 10 of the Schedule 1 of
     the Act and the closing time for submissions is 14 September 2011 i.e. after the
     date of submission of this report. It is proposed, as part of Plan Change 12, to
     rezone land located south of Cannons Creek legally described as Sec 2 SO
     368657 (referred to as Waitangarua Farm) from Rural to Open Space. This land

is the subject of NoR3. It is noted that the NZTA submitted to this plan change
      in relation to areas affected by TGP and therefore an appeal may have been
      lodged in relation to the proposed zoning of this land subsequent to the writing
      of this report.

4.34 In Appendix A to this report are what are considered to be the relevant
     Objectives and Policies of the District Plan that are relevant to TGP. From
     these provisions, it is considered that the key environmental effects relevant to
     TGP can be identified. The Objectives and Policies identified are all operative
     and, at the time of writing of this report, there were no plan changes proposing
     to either amend these or introduce additional provisions.

     Silt and Sediment Effects of Earthworks
4.35 The District Plan contains a number of Objectives and Policies which
     specifically address the effects of earthworks. This includes:
     • Policy C3.2.1 which seeks to protect and enhance the amenity and character
        of the residential resource through amongst other methods defining the
        nature and scale of activities such as earthworks.
     • Policy C4.2.2 which seeks to protect the natural and physical environment
        from silt run-off by the removal of vegetation and earthworks in the Rural
     • Policy C4A.3.6.1 which seeks to control the extent of earthworks in the
        Judgeford Hills Zone to an appropriate level on stormwater, geotechnical
        stability and amenity values;
     • Policy C9.1.15 which seeks to recognise, protect and enhance the existing
        ecological and landscape features of the Whitby Landscape Protection area,
        including Duck Creek through amongst other methods the management of
     • Policy C10.1.5 which applies to all areas of Porirua City which seeks to
        manage the effects of activities likely to result in increased levels of silt run-
        off that could either directly or indirectly enter the coastal marine area.

4.36 It is also considered that there are indirect references to the effects of
     earthworks within the Objectives and Policies including:
     • Policy C4B2.3 which seeks to ensure that adverse environmental effects of
        activities within the Public Open Space and Recreation Zones, including on
        the environmental quality of adjoining areas and water-bodies and the coast,
        are avoided, remedied or mitigated.

4.37 Due to the undulating topography within Porirua City, earthworks are a
     commonly occurring activity associated with the development of land. TGP is
     another example of this, albeit at a far bigger scale than what typically occurs
     with other developments. It is recognised that the volume of earthworks
     identified to occur as part of TGP is a reflection of the length of the route, the
     topography of the land covered and one of the objectives of the project to
     provide an alternative strategic link for Wellington that improves network

4.38 As can be seen above, there are a number of provisions within the District Pan
     which seek to ensure that the effects of earthworks are appropriately managed

due to the adverse effect posed by uncontrolled silt and sediment runoff to the
         receiving environment. As part of the suite of methods to manage the effects of
         earthworks within Porirua City, all Zones have Permitted Activity Standards
         that limit the maximum area, depth/height and slope of ground (except for
         Recreation and Open Space Zones) that earthworks may occur as a Permitted
         Activity. Landuse resource consent is required, if an activity is unable to
         comply with the relevant Earthworks Permitted Activity Standard(s), which
         must include the provision of an Earthworks Management Plan/Assessment17
         with the application. It is acknowledged that the NoR's are not subject to
         compliance with the Permitted Activity Standards. The management of
         earthworks is an important issue to Porirua City due to the receiving
         environment being both neighbours from nuisance dust effects as well as the
         exposure of waterways and the Porirua Harbour, including both the Onepoto
         Arm and Pauatahanui Inlet, to silt and sediment runoff.

4.39 It is noted that various silt and sediment control measures have been proposed
     as part of the NoR's. These will need to be sited in the appropriate places and
     be of sufficient size for the runoff that will occur. Also at the completion of
     each stage excavation and filling, the restoration of exposed earthworks areas
     will need to be successfully implemented to mitigate on-going silt and sediment
     runoff post construction of TGP. This is a standard approach undertaken by the
     Porirua City Council in the consideration of resource consents

4.40 As well as the ecological effects associated with earthworks as identified in
     paragraphs 4.35 – 4.39, there are also potential ecological effects stemming
     from the loss of indigenous vegetation. This is recognised by:
     • Policy C4.2.4 which seeks to maintain and enhance the ecological integrity
        and natural character of the Rural Zone;
     • Policy C4B.2.3 which seeks to avoid, remedy or mitigate the effects of
        activities on the ecological values of the Open Space and Recreation Zones;
     • Policy C9.1.5 which seeks to protect the ecological character of the Rural
     • Policy C9.1.6 which seeks to protect and preserve areas of significant native
     • Policy C9.1.14 which aims to protect and enhance the ecological integrity
        throughout Porirua City.

4.41 As can be seen, the District Plan has a suite of provisions which seek to protect
     and preserve areas of ecological value. These provisions highlight that sites of
     ecological significance and the consideration of the impacts upon them by
     development are a key issue in terms of the District Plan.

4.42 There are two areas identified as having landscape values that are covered by
     the proposed NoR's.      In the vicinity of Whitby is the Whitby Landscape
     Protection Area. Policy C9.1.15 makes specific reference to this landscape area

     Section F7.4 Information Schedule 4 of the Porirua City District Plan

seeking to protect and enhance its landscape features. This includes Duck

4.43 To the south of Ranui and Cannons Creek is another Landscape Protection Area
     supported by Policy C9.1.4 which seeks to protect the Belmont Scarp and
     Eastern Porirua Ridge from urban encroachment to preserve the open space and
     rural edge of Porirua City. Whilst it is acknowledged that the proposal is for a
     road rather than an urban development, it is considered that this policy is
     applicable in the sense of ensuring that the landscape character is retained.

4.44 The District Plan seeks to protect and enhance the amenity of the Suburban
     Zone (Objective C3.2, Policy C3.2.1). The District Plan also seeks to ensure
     that activities do not detract from the character or quality of the rural
     environment (Policy C4.1.3).

4.45 There are various effects associated with the project that have the potential to
     affect the amenity of existing residential areas as well as the rural character.
     These effects relate to both during the construction of the project as well as the
     operation of the roads. There are effects such as noise and traffic which are
     addressed also later in the identification of key issues through the District Plan
     provisions – these effects all contribute towards the 'make-up' of the amenity of
     an area.

4.46 During the construction of TGP there will be traffic generated by transporting
     workers to and from the sites, movement of earthmoving machinery and general
     road construction materials and infrastructure, and trucks associated with the
     removal of forestry. Some of these movements may be required to be through
     residential areas such as Ranui, Whitby and Waitangarua as identified in
     Section 7.2 of the Assessment of Traffic & Transportation Effects18. The level
     and nature of construction traffic through residential areas will affect those
     residents amenity. In the provision of comments on the Completeness Report to
     the EPA, comment was made on the absence of information on how the trees
     located south of Ranui were to be removed from near residential areas. If this
     removal involved forestry trucks traversing through residential areas then Policy
     C3.2.1 would be relevant.

4.47 Other factors associated with the construction of the project that have the
     potential to affect amenity is construction noise from blasting and rock
     crushing. This activity was identified as potentially needing to be undertaken
     between Cannons Creek and the Gun Club19. There are residential suburbs
     adjacent to this such as Cannons Creek and Ranui and therefore the effects of
     such an activity has the potential to affect the amenity of these residents.

4.48 The Lanes Flat site compound, as identified on Sheet No.GM13, and the layout
     of displayed in Figure 8.1 of the a.e.e, has the potential to generate noise and
     dust effects from such activities as concrete batching. It is assumed that this site
  Folder 1 of 7 – Volume 3: Technical reports and supporting documents.
  Section 5.6.2 – Excavation Characteristics of the Road Design Philosophy (Technical report 1) in
Folder 1 of 7 – Volume 3: Technical reports and supporting documents)

compound is likely to be operated for the majority of the duration of the
         construction period being six years20. As well as nearby rural residences,
         Pauatahanui Village and the eastern Whitby residential area, including the
         approved allotments within the Silverwood subdivision located on Endeavour
         Drive are nearby. The effects of the site compound on the amenity of the
         residents will need to be appropriately managed where required.

4.49 In undertaking earthworks, there is the potential for dust nuisance stemming
     from the undertaking of the earthworks. Dust, unmanaged, has the potential to
     drift in an airborne manner onto adjacent properties and affect the amenity of
     the owners/occupiers of these. This potential adverse effect will need to be
     appropriately managed to maintain their amenity.

4.50 Operation of the roads will result in vehicle traffic noise. Traffic noise of an
     adverse level that is not appropriately mitigated has the potential to result in a
     reduction in amenity values. It is noted that the NoR's include mitigation
     measures to address this in the form of a combination of noise bunds and
     barriers. These are proposed in both a rural area (Flightys Road – Sheet GM10)
     as well as residential areas (Maraeroa Marae – Sheet GM15, Awatea Street –
     Sheet GM 20). It is also noted that Policy 7.1.3 seeks to avoid, remedy or
     mitigate adverse environmental effects of the transportation network on the
     environment which includes the effects on amenity from the construction of
     new roads such as that proposed.

4.51 Policy C4A.3.6.3 seeks that upgraded vehicle accesses to or from Belmont Road
     and TGM is limited. This provision has been included in the District Plan due
     to potential adverse effects on the amenity of Belmont Road and the area
     identified as Judgeford Hills Zone if there were to be otherwise increased traffic
     through this area. It is noted that access into this area will not be possible due to
     TGM be constructed to Motorway standard.

4.52 An objective of the District Plan is to minimise the adverse effects of noise
     (Objective 10.1) which includes protecting the natural and physical environment
     from unreasonable noise to maintain and enhance amenity values (policy
     C11.1.1). This will also promote peoples health (policy C11.1.2).

4.53 As identified in paragraph 4.46 there are effects associated with construction
     noise as well as in paragraph 4.50 the effects of the operation of the road. The
     effects of noise, if not properly managed, have the potential to pose a risk to
     people's health. Given the close proximity of some residential areas, as well as
     individual residences, the effects of noise in terms of health and people's
     amenity should be taken into account both during the construction of the roads
     and during their operation after construction.

     Visual Effects
4.54 Policy C4.2.1 of the Rural Zone seeks to manage the environmental effects of
     buildings including visual effects. This policy is considered applicable due to

     Section 8.6 of the assessment of environmental effects.

the proposed establishment of the Site Compounds at Lanes Flat and
       Paekakariki Hill Road. The concrete batching plant to be located within a 10
       metre high shed at the Lanes Flat Site Compound has the potential for visual

4.55 Objective C4A.3.5.1 of the Judgeford Hills Zone seeks to minimise any adverse
     visual effects on the surrounding landscape and natural character. Policy
     C4A.3.5.2 specifically recognises the effects of TGM on landscape and natural
     character. It is understood that the James Cook Interchange as shown on Map
     GM 14 is located within the Judgeford Hills Zone. It is considered that Policy
     C4A.3.5.2 is seeking to afford recognition that the landscape and natural
     character will be altered by TGM as covered by the existing designation K0405
     which is described in paragraph 7.1. It is also noted that TGM is identified on
     the Judgeford Hills Structure Plan (Drawing C905) and the James Cook
     Interchange Connection option (Page D4A-3) which form part of the Judgeford
     Hills Zone Rules (Section D4A of the Porirua City District Plan).

4.56 As well as containing a policy to address the effects of transport on amenity as
     discussed in paragraph 4.50 above, the District Plan contains an Objective and
     Policies to address the various issues associated with the operation of the
     transportation network. Objective C7.1 of the District Plan is to achieve a safe
     and efficient transport network without creating adverse environmental effects.

4.57 Policy C7.1.1 seeks for the establishment of a roading hierarchy to manage the
     effects of traffic and adjacent activities on each other. This is applicable with
     the identification of the main alignment (NoR3) as being for a Motorway21,
     Kenepuru Link Road (NoR5) as being State Highway22. The Porirua Link
     Roads (NoR's 7 & 8) are identified in Sections 7.2.1 and 7.3.3 as being designed
     to 'local road standards'. It is noted that Sheet No. GM23 Version No.B23 has
     included a Cross Section of the PCC Link Roads displaying them as "Rural
     Minor Arterial". Confirmation of the design/construction standard for the
     Porirua Link Roads in the District Plan will contribute towards this policy. This
     policy is also applicable in informing the appropriateness of the various
     types/numbers of vehicle movements that will occur on the affected roads as
     part of the construction of TGP as defined by the hierarchy. For instance heavy
     vehicle movements may well be more appropriate on an Arterial Road as
     opposed to a Local road. This policy is also considered to be applicable in
     guiding the consideration of the distributional traffic effects that may occur as a
     result of the construction and operation of the various NoR's including
     maintenance of 'downstream' intersection efficiency.

4.58 Policy C7.1.3 is also applicable in a general environmental effects basis. The
     Principal Reason for this policy is to take into account environmental
     considerations when determining a new proposed road such as those that are the
     subject of TGP. The Principal Reason identifies effects such as those on
     neighbouring landuses, loss of sensitive ecosystems, increases in silt run-off and
   Section 1.2.1 within Folder 1 of 2 of Volume 1: assessment of environmental effects report
   Section 1.2.2 within Folder 1 of 2 of Volume 1: assessment of environmental effects report
   Volume 4: Plan Set

the loss of productive farmland and visual impact of roading development.
         These are all issues considered to be relevant to TGP.

4.59 Policy C7.1.4 seeks to protect the corridors of existing and proposed major
     transport routes in the City. A method of achieving this is the designation
     process such as that proposed for TGP.

4.60 Policy C7.1.5 seeks a strategic approach to roading improvements. The TGM is
     recognised by this policy as being the "most significant roading issue for the

4.61 Alternative forms of transport are encouraged in the form of bicycles (Policy
     C7.1.7) and public transport (Policy C7.1.8). Policy C7.1.7 seeks to make the
     use of bicycles more convenient and safer. This policy will be applicable
     during both construction, such as the retention of cycle access along Kenepuru
     Drive, as well as provision for future cycle access on the Porirua Link Roads
     and passes under TGM.

4.62 Policy C4.2.3 requires a high standard of wastewater disposal. This policy is
     applicable to where there will be construction workers ablutions facilities that
     will require appropriate management of wastewater such as at the Proposed Site
     Compound at Lanes Flat.

     Recreation and Open Space Values
4.63 The explanation to Objective 4B.1, which aims to provide for suitable public
     open spaces and recreation areas, recognises the need for transport corridors to
     be sited within the Recreation and Public Open Space Zones. This is applicable
     in this case as TGM (NoR3) is proposed to go through these zones. Policy
     4B.1.2, which seeks to provide for a limited range of non-recreation and non-
     community activities identifies that transport infrastructure, including
     recognition of its significance, may need to be located within these zones.

     Tangata Whenua
4.64 Objective 5.1 along with Policies 5.1.1, 5.1.3, 5.1.4, 5.15 and 5.1.6 all relate to
     the recognition of Te Runanga o Toa Rangatira as tangata whenua within
     Porirua City and their role in contributing to the management of resources
     within the city.      As discussed previously, the Requiring Authority's
     commissioned a Cultural Impact Assessment from the tangata whenua. It is
     noted that the Cultural Impact Assessment seeks the ongoing relationship and
     involvement of tangata whenua as TGP progresses.

     Principal Reasons to Policy C7.1.5 of the Porirua City District Plan.

4.65 Objective C8.1 and Policy C8.1.1 seek to protect significant heritage features
     within the City. In the case of this proposal, St Jospehs Catholic Church and
     Battle Hill Farm Forest Park have been identified in the District Plan as
     previously discussed in paragraph 4.23 as being worthy of protection under
     Policy C8.1.1. The effects of TGM on the heritage values of these two features
     will need to be appropriately addressed.

     Flooding and Earthquake Risk
4.66 Objective C12.1 and supporting Policies C12.1.2 – C12.1.5 address the
     minimisation of risks from earthquakes to the wellbeing and safety of the
     community. As identified in paragraph 4.16, the Ohariu fault line is located at
     the northern end of NoR3. Also, areas south of Ranui, east of Maraeroa Marae,
     Lanes Flat and the Ohariu Fault Line are identified as Seismic Hazard Areas in
     the Porirua City District Plan.

4.67 Policy C12.1.2 seeks to avoid structural damage to buildings and utility
     services. Policy C12.1.3 seeks to minimise the disruption to activities of
     community significance from an earthquake event. Policy C12.1.4 seeks to
     manage the risk of activities to ground liquefaction. Policy C12.1.5 seeks to
     minimise the effects of ground damage from land instability as a result of
     earthquakes. These provisions are considered to be applicable, both in terms of
     the manner in which TGM is designed as well as providing for its ongoing
     operation after an earthquake event.

4.68 Objective C12.2 and Policy C12.2.1 relate to the effects flood hazards pose to
     the proposed development on the land as well as the potential effects the
     development may have on the flood hazard to the surrounding environment.
     Properties fronting Kenepuru Drive within the vicinity of the Kenepuru Link
     Road (NoR5) and Lanes Flat are identified in Council's GIS as being subject to
     Overland Flow Ponding. Also there are a number of overland flow-paths
     identified throughout the route.

4.69 Policy C12.2.1 is applicable to the design measures associated with the various
     features of TGP including the roads, fill areas and Lanes Flat Site Compound.
     These design measures will be applicable in the sense of the risk posed by
     flooding to these features as well as the effects that the construction of TGP
     may pose to adjacent properties from increased flooding risk.

     Contamination and Hazardous Substances
4.70 Objective C15.1 relates to preventing or mitigating the adverse effects
     associated with hazardous substances.

4.71 Policy C15.1.1 seeks to control the location of facilities involving the storage of
     hazardous substances. This provision is potentially applicable due to the Fuel
     Storage, depending on its size, identified within the Lanes Flat Site
     Compound25. Other hazardous substances may be stored as part of the
     construction of TGP also.

     Figure 8.1 within Folder 1 of 2 of Volume 1: assessment of environmental effects report.

4.72 Policy C15.1.4 seeks to control activities that could be adversely affected by
     contaminated sites. Two potentially contaminated sites are identified within the
     route on Council's GIS both in the southern portion of the main alignment
     (NoR3). These two sites are Lot 6 DP 78422 (south of Ribbonwood Terrace)
     and Pt Lot 1 DP 28193 (Porirua Park) both being identified as former landfills.
     There is also the potential for other land that may be contaminated. This policy
     is applicable to the appropriate management of contaminated material including
     the disturbance of and appropriate remediation prior to being deposited as fill

     Transpower application
4.73 As part of the application for resource consent by Transpower, the following are
     considered to be the relevant statutory documents:
     • National Policy Statement on Electricity Transmission;
     • Porirua City District Plan

4.74 It is noted that Transpower have applied for resource consents under the
     Resource Management (National Environmental Standards for Electricity
     Transmission Activities) Regulations 2009 (NESETA). There is no scope
     within this particular regulation for allowing for rules in the District Plan or a
     resource consent to be more stringent than it26. Therefore in assessing the
     Transpower application, the applicable rules are solely those contained within
     the aforementioned 2009 Regulations. The District Plan provisions are only
     considered to be relevant to this proposal in terms of identification of possible
     applicable objectives and policies.

4.75 In is noted that Technical Report 2127 of the application material contains
     provisions that the NZTA and PCC consider relevant to the various NoR's. It is
     also noted that Transpower New Zealand have identified28 what provisions they
     consider to be relevant to the application for resource consent.

4.76 In Appendix A, Objective 14.1 along with Policies 14.1.1, 14.1.2 and 14.1.4(a)
     of the Porirua City District Plan have been listed as being relevant to the
     proposed relocation of the transmission lines. However it is considered that due
     to the dominant status of the NESETA and supporting National Policy
     Statement on Electricity Transmission that little if no weight should be placed
     on these District Plan provisions.

4.77 The National Policy Statement on Electricity Transmission (NPSET) contains
     Objective and Policies which it is considered are the relevant provisions to the
     Transpower resource consent application. The provisions, considered to be
     specifically relevant to this proposal are the sole Objective and Policies 1 - 8.
     The Objective of the NPSET is to recognise the national significance of the
     electricity transmission network such as the line that is the subject of this

   Section 43B(1) of the Resource Management Act 1991
   Technical report 21: Transmission Gully Project – Statutory provision report contained within
Volume 3: Technical reports and supporting documents Folder 7 of 7
   See section 9.2 (Volume 6: Transmission Line Relocation Project) of the Assessment of Effects on
the Environment dated 8 August 2011 Transpower Resource Consent Application

application whilst managing its adverse environmental effects as well as
         potential adverse effects upon it from nearby activities.

4.78 The NPSET contains policies that are relevant to the Transpower resource
     consent. Policy 1 relates to the recognition of the benefits of the provision of
     electricity transmission including maintaining security of supply and effective

4.79 Policies 2 – 8 of the NPSET are also relevant to the Transpower resource
     consent. These policies cover a combination of the managing of the effects on
     the environment of transmission line activities whilst affording recognition for
     such activities.

5.1      There are potentially some applications for landuse resource consent required
         under the provisions of the Porirua City District Plan also. These relate to the
         undertaking of Earthworks in the Rural Zone for the construction of the
         "Proposed Track after Construction" which is partially located outside of the
         designation as shown on Sheet AC09 (Construction Access Plans). Also new
         vehicle crossings onto roads in the Rural Zone require either Controlled Activity
         land use consent29 (off PCC roads) or Discretionary land use consent (off State
         Highways)30. It is considered that applications for these could be deferred to
         into the future once final design of the construction works is completed.

5.2      It is quite probable that an application for resource consent may be required in
         the future for the re-establishment of the Porirua Gun Club on another site. The
         Porirua Gun Club will no longer be able to occupy this site should the proposed
         NoR be approved and given effect to. It is not considered that this is necessary
         to be applied for as part of the current proposal and probably not appropriate
         given that they may well not have confirmed an alternative site yet.

5.3      Depending on the location of the proposals identified above, as well as
         applicable District Plan provisions, there may be a need to obtain affected
         persons approvals (Section 95E of the Resource Management Act 1991) and/or
         that the matter is potentially processed on a notified/limited basis. This is
         potentially more likely to be the case in the instance of a resource consent
         application for the re-establishment of the gun club being applied for due to
         such effects as noise.

6.1      As part of the commissioning of this report, the EPA has requested the
         provision of details of the permitted baseline and existing environment for the
         resource consents applied for within PCC's jurisdiction. The EPA has also

     Rule D4.1.2(iv) of the Porirua City District Plan.
     Rule D4.1.4(iv) of the Porirua City District Plan.

requested comment on whether the ability to give effect to these resource
      consents will be affected by the resource consents applied for.

6.2   The only resource consent that has been applied for, that is within the territorial
      authority boundary of, and is within the Functions31 of Porirua City Council is
      the application by Transpower. In regard to the Transpower application, the
      area that falls within the territorial boundary of Porirua City is that area covered
      from between Structure Numbers 11A and 12A to Structure 4932.

      Methodology utilised in preparing this section
6.3   The permitted baseline and existing environment are considered to be two
      distinct concepts. The permitted baseline is those effects that are permitted by
      the District Plan and also, in this particular case, by the Resource Management
      (National Environmental Standards for Electricity Transmission Activities)
      Regulations 2009. The existing environment is considered to be just that,
      combined with anticipating effects that presently do not exist but may occur as
      of right and resource consents that have been approved that are likely to be
      given effect to. This approach is considered to be consistent with the Court of
      Appeal decision in Queenstown-Lakes District Council vs Hawthorn Estate
      Limited and T Bailey and Others (CA45/05) where it was commented:

      "In our view, the word "environment" embraces the future state of the
      environment as it might be modified by the utilisation of rights to carry out
      permitted activity under the district plan. It also includes the environment as it
      might be modified by the implementation of resource consents which have been
      granted at the time a particular application is considered, where it appears
      likely that those resource consents will be implemented."33

6.4   Therefore to assist in informing the description of the environment the
      following methodology has been followed:
          • Identification of properties for which it is to proposed to relocate the
             transmission lines and associated structures;
          • Identification of adjoining properties;
          • Identification of resource consents on the land identified as per the first
             two bullet points that have been granted that have not expired and have
             yet to be given effect to;
          • Comment on whether it appears likely that those resource consents that
             have been granted will be implemented.
          • Identification of underlying zoning and applicable Permitted Activities;
          • Analysis of 2010 aerial photographs.
      A site visit was also undertaken on 16 June 2011 as part of the pre-lodgement
      work commissioned by the EPA on TGP.

   Section 31 of the Resource Management Act 1991
   Schedule of Changes to Transmission Line Support Structures – Appendix B of Transpower resource
consent application.
   Para 84 of the decision of the Court of Appeal CA45/05

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