RESOURCE CONSENT APPLICATION

NEW FIVE LEVEL (PLUS BASEMENT) MIXED

USED DEVELOPMENT AT 359 CAMERON
ROAD, TAURANGA
(PROJECT)

BLACK AND ORANGE PROPERTY LIMITED

(CLIENT)

7 February 2018
RESOURCE CONSENT APPLICATION TO CONSTRUCT A FIVE LEVEL (PLUS BASEMENT) MIXED
USE DEVELOPMENT ON THE COMMERCIAL ZONED SITE LOCATED AT 359 CAMERON ROAD,
TAURANGA.

Prepared for: Black and Orange Property Limited

Date: 7 February 2018
Project no: 16-0761
Revision: Final
File path: P:\16-0761 Project Titan\050 BCD Planning

Prepared by: Approved for release by:

Pete Linde Wade Hill

SENIOR PLANNER PRINCIPAL PLANNER
BCD Group Ltd BCD Group Ltd

DISCLAIMER
This report has been prepared for our client and relates only to the proposal described therein and it is not to be used for any other project.
No responsibility is accepted by BCD Group Limited or it’s directors, servants, agents, staff or employees for the accuracy of information
provided by third parties and/or the use of any part of this report in any other context or for any other purpose.
TABLE OF CONTENTS
1 INTRODUCTION .......................................................................................................................... 1
2 SITE INFORMATION .................................................................................................................... 1
2.1 Legal Description of The Current Site .......................................................................................... 1
2.2 Description of The Site ............................................................................................................... 2
2.3 Description of Surrounding Area ................................................................................................. 2
2.4 Tauranga City Plan ..................................................................................................................... 2
2.5 Pre-Application Consultation with Tauranga City Council............................................................. 4
3 THE PROPOSAL ........................................................................................................................... 4
3.1 Description of Proposed New Building ........................................................................................ 4
3.2 Description of Proposed Uses to be within the Building ............................................................... 5
3.3 Construction Activity ................................................................................................................ 12
3.4 Future Subdivision Activity ....................................................................................................... 12
3.5 Infrastructure & Supplied Services ............................................................................................ 13
4 REASONS FOR RESOURCE CONSENT .......................................................................................... 14
4.1 Tauranga City Plan ................................................................................................................... 14
4.2 National Environmental Standards ........................................................................................... 14
4.3 ACTIVITY STATUS Conclusion .................................................................................................... 15
5 STATUTORY REQUIREMENTS - SECTIONS 88, 104 & 104B OF THE RMA ....................................... 15
5.1 Assessment of Environmental Effects........................................................................................ 15
5.2 Consideration of relevant plans ................................................................................................ 24
5.3 Part II of the Resource Management Act ................................................................................... 29
6 SECTION 95 OF THE RMA .......................................................................................................... 30
6.1 Administration of section 95 of the RMA .................................................................................. 30
6.2 Section 95A of the RMA ............................................................................................................ 33
6.3 Section 95B of the RMA ............................................................................................................ 34
7 CONCLUSION............................................................................................................................ 35

Appendix 1: Computer Freehold Register

Appendix 2: Proposal Plans (Site, Floor, Elevation, Solar Study)
Appendix 3: Assessment Of The Tauranga City Plan Rules
Appendix 4: Assessment Of Landscape And Visual Effects
Appendix 5: Preliminary Acoustic Comments & Recommendations
Appendix 6: Integrated Transport Assessment
Appendix 7: Site Investigation Information
Appendix 8: Preliminary Civil Design Report
Appendix 9: Preliminary Geotechnical Investigation Report
1 INTRODUCTION
Black and Orange Property Limited (‘the Applicant’) are seeking land use resource consent from
Tauranga City Council for a proposal to construct a new five storey building (plus basement) at 359
Cameron Road, Tauranga. This building will contain 33 apartments for residential activities on the
four upper levels, with a combination of areas on Level 01 to contain office, retail and café
activities.

This assessment of environmental effects has been prepared in alignment with section 88 of the
Resource Management Act 1991 (RMA) in support of the land use resource consent sought under
section 9 of the RMA.

2 SITE INFORMATION
2.1 LEGAL DESCRIPTION OF THE CURRENT SITE

The current site shown in Figure 1 below is 2,516m2 in area and located on the south-western
corner of Fourth Avenue and Cameron Road. The term “current site” is used as currently it
comprises of two separate Computer Freehold Registers (CFR) which are legally described as Lot 1
DPS 22949 (SA21D/89) and Lot 208 Section 2 Town of Tauranga (SA284/122). As is described later
in this report, subdivision of the current site is to occur concurrently with the proposed
development that will firstly create seperate allotments around the stand-alone building located
on the western side of the current site, and a new allotment to contain the proposed new building
on the east of the current site to be 1,763m2 in area. This eastern allotment will be referred to in
this report as the “subject site”.

Figure 1: Aerial photo of current site and surrounding properties.

Both CFRs (SA21D/89 and SA284/122) contain the following shared instrument:
• B680978.1 Certificate to Section 37 Building Act 1991

1
 This instrument is effective acknowledgement that a building has been built over a common
boundary of the two allotments of the current site, and these cannot be “transferred or leased
except in conjunction with the other allotment”. As described later in this report, subdivision
processes to be undertaken will see this instrument being removed, and so will not affect the
proposed development outcome. Recent copies of both CFRs and the relevant instrument have
been included with this application as Appendix 1.

2.2 DESCRIPTION OF THE SITE

The physical address is 60 Fourth Avenue & 359 Cameron Road. The current site is generally
rectangular except where it follows the alignment of the Fourth Avenue frontage. The current site
is occupied by four different single storey commercial buildings that are tenanted by retail activities
(Red Cross, Stonewood Homes). The building on Cameron Road has veranda covers that extend
out over the public footpath on Cameron Road. Pedestrian access is available from various point
off Cameron Road and Fourth Avenue.

The current site has existing vehicle accesses provided via two separate entrances located on
Fourth Avenue and Cameron Road. Cameron Road is classified as a “Secondary Arterial Road”
under the Tauranga City Plan roading hierarchy. Staff parking is provided to the rear (west) of the
current site and various public parking spaces are provided in the nearby vicinity on Fourth Avenue
and Cameron Road.

2.3 DESCRIPTION OF SURROUNDING AREA

The surrounding environment exhibits an eclectic mix of building scale, design and activities
occurring within them that include: retail; café and restaurant activities (Salvation Army Shop,
Espresso Bakery, Talk of India); Tauranga Primary School; commercial activities (Tauranga Motor
Company, Bay Ride Motorcyles); and general residential activities on nearby properties.

2.4 TAURANGA CITY PLAN

2.4.1 Zoning Descriptions

As illustrated in Figure 2 below, the current site is zoned as Commercial Business under the
Tauranga City Plan (TCP). The adjacent sites across Fourth Avenue to the north, across Cameron
Road to the north-east and east are also zoned Commercial Business. The adjoining property
directly south-west of the current site is also zoned Commercial Business. The adjoining site to the
west is zoned City Living Residential.

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 City Living – Mixed Use

City living –
Residential Zone
Subject Site

Commercial Business
Notable Tree (280) Zone

Notable Tree (2)

City Living - Residential

Figure 2: Tauranga City Plan Zoning.

2.4.2 Classification of Adjacent Roads

Cameron Road is identified as a Secondary Arterial Road as per the Roading Hierarchy Plan within
the TCP. This type of road forms part of the Tauranga’s Strategic Road Network. Fourth Avenue to
the north is a Local Road.

2.4.3 Notable Trees

Notable Trees “280” and “2” are located on other sites nearby, however these are well separated
from the current site by a combination of roading, other land and buildings.

2.4.4 Archaeological & HAIL Site Identification

The NZ Archaeological maps and Tauranga City Councils MAPI do not show any recorded
archaeological sites within or nearby the current site. The current site is not identified as a HAIL
(Hazardous Industries and Activities List) site on the Bay of Plenty Regional Council GIS.

2.4.5 Viewshaft Protection Area

Figure 3 below is an extract from Tauranga City Council’s MAPI that shows approximately 70% of
the current site located below an identified Viewshaft Protection Area (#10: from Poike Road /
Hollister Road viewing towards Mauao). The Section 7 Viewshaft Protection Areas Index provides
the following instruction on how the viewshaft protection area heights are to be applied: “This
map is an interpretation of possible building height that could be obtained taking into account
topography and the permitted heights of each relevant zone. The map identifies the height that a
building or structure could be built to, above the existing permitted height of the zone in which the
activity is proposed to be located”. The permitted activity rule for maximum building height on sites
zoned Commercial is 12.0m above ground level.

3
 Figure 3: Extract from Tauranga City Council MAPI.

2.5 PRE-APPLICATION CONSULTATION WITH TAURANGA CITY COUNCIL

Pre-application meetings have been held between representatives of Tauranga City Council and
representatives from BCD Group Ltd to discuss the proposal.

3 THE PROPOSAL
3.1 DESCRIPTION OF PROPOSED NEW BUILDING

The proposal is for a comprehensive re-development of the eastern side of the current site (the
“subject site”) which includes demolishing the existing arrangement of buildings (approximate
900m2 gross), and constructing a new six level building. This new building will comprise a basement
floor (predominantly for parking, storage and access), a ground level to contain space for
vehicle/bicycle parking, office, retail and café activities. Levels 02 to 05 will contain apartments for
residential use. The existing tree on the corner of Cameron Road and Fourth Ave is to be retained.
Refer to the Architectural Statement at the end of the Appendix 2 for further detail of how the
building design has been formulated.

The building will be able to be accessed through a combination of access points. From Cameron
Road (Level 01) access will be possible via a vehicle crossing leading to the podium parking area; a
pedestrian entrance leading to elevator and stairs; the retail areas and café will have pedestrian
access onto the adjacent Cameron Road pedestrian path (to be reinstated); and another entrance
to the north on Level 01. Fourth Avenue will have stairs leading up to Level 01 and a vehicle
crossing leading to the basement parking area. Preliminary discussions have been had with Council
4
 about connecting this access point / stairs of the proposed building to the public Cameron Road /
Fourth Ave. Final design of this area can be further negotiated with Council through engineering
approval. Similarly, if the applicant needs to pursue a licence to occupy a portion of the public road
to provide a better access / stairway. In total 59 car parks and two bicycle parking areas will be
provided. There will also be retention of public parking spaces provided along Cameron Road and
Fourth Avenue.

3.2 DESCRIPTION OF PROPOSED USES TO BE WITHIN THE BUILDING

The proposal plans are included in Appendix 2; however, Table 1 below includes a summary of the
proposed uses to be provided for within the building, and the approximate floor areas of each:
Table 1: Description of uses and approximate floor areas for each.

Floor Level Gross Floor Area Proposed Use

Basement 1,650 m2 Basement car parking, access, maintenance, bin storage etc.
First (01) 1,592 m2 • 451m2 - Parking
• 535m2 - Office tenancy
• 266m2 - Retail tenancy
• 104m2 - Indoor Café
• 62m2 - Outdoor Café
• 174m2 - Remaining area comprised of lobby, lift and stair core,
ablutions, landing and corridor areas.
Second 1,382 m2 Ten Apartments:
(02) • 1 x 1 bedroom
• 7 x 2 bedroom
• 2 x 3 bedroom
• Deck areas (184m2)
• Remaining area comprised of lift and stair core, and corridor areas.
Third (03) 1,292 m2 Ten Apartments
• 1 x 1 bedroom
• 7 x 2 bedroom
• 2 x 3 bedroom
• Deck Areas (146m2)
• Remaining area comprised of lift and stair core, and corridor areas.
Fourth (04) 988 m2 Seven Apartments
• 1 x 1 bedroom
• 4 x 2 bedroom
• 2 x 3 bedroom
• Deck areas (118m2)
• Remaining area comprised of lift and stair core, and corridor areas.
Fifth (05) 835 m2 Six Apartments
• 1 x 1 bedroom
• 3 x 2 bedroom
• 2 x 3 bedroom
• Deck areas (87m2)
• Remaining area comprised of lift and stair core, and corridor areas.
Total 7,739 m2

5
3.2.1 Basement Level

The basement level as shown in Figure 4 below will be accessed via a ramp from Fourth Ave and
will contain fifty 90-degree car parks, bin storage, bike storage, and areas for stairs / elevators.

Figure 4: Basement Level Plan

6
3.2.2 Level 01

The ground Level 01 as shown in Figure 5 below is proposed to have the potential to be divided up
into six separate tenancies. The north-west corner of Level 01 will be a 535m2 area anticipated to
be used as office space by one tenant only. To the left of the entrance way (north-east of the
building) will be an outdoor retail and café activity that will be open to the public during regular
daytime business hours. Three other areas for retail activity type tenancies will also be provided
along Cameron Road that will be 71m2, 76m2 and 76m2. Located towards the centre of the building
will be an area that accommodates toilets, showers, stairs and elevators. The rear (south west) of
Level 01 will be accessed from Cameron Road and will contain seven car park spaces, a loading
zone and a bike rack area.

Figure 5: Level 01 Plan.

7
3.2.3 Level 02

The second floor (Level 02) shown in Figure 6 below will provide for ten residential apartments
comprising of 1 x one bedroom, 7 x two bedroom and 2 x three-bedroom typologies. These
apartments range in area between 84m2 to 130m2 (excluding deck areas). Each apartment will be
provided with its own deck area.

Figure 6: Level 02 Plan.

8
3.2.4 Level 03

The third floor (Level 03) shown in Figure 7 below will have a similar arrangement as Level 02 with
ten residential apartments comprising of 1 x one bedroom, 7 x two bedroom and 2 x three-
bedroom typologies. These apartments range in area between 84m2 to 130m2 (excluding deck
areas).

Figure 7: Level 03 Plan.

9
3.2.5 Level 04

The fourth floor (Level 04) shown in Figure 8 below will provide for seven residential apartments
comprising of 1 x one bedroom, 4 x two bedroom, and 2 x three-bedroom typologies. These
apartments range in area between 85m2 to 142m2 (excluding deck areas). Each apartment will be
provided with its own deck area and allocated a single parking space within the building.

Figure 8: Level 04 Plan.

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3.2.6 Level 05

The fifth floor (Level 05) shown in Figure 9 below will provide for six residential apartments
comprising of 1 x one bedroom, 3 x two bedroom, and 2 x three-bedroom typologies. These
apartments range in area between 85m2 to 140m2 (excluding deck areas). Each apartment will be
provided with its own deck area and allocated a single parking space within the building.

Figure 9: Level 05 Plan.

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3.2.7 Building Roof

The roof of the building shown in Figure 10 below will be relatively flat. Two plant enclosures will
protrude above the roof that will surround ancillary building related components e.g. elevators,
ventilation condensers, roof access hatch etc.

Figure 10: Building Roof Plan.

3.3 CONSTRUCTION ACTIVITY

To facilitate the proposal, the existing activities currently operating on the site will cease; the
existing services to the site will be located and appropriately capped / stopped with Council
approval / advisement; and the existing buildings will be removed. Site stabilisation works will be
undertaken alongside further site investigations that may be considered appropriate. Construction
works will commence that will generally include implementation of traffic management measures;
perimeter fencing and advisory signage; and sediment and erosion control measures.

3.4 FUTURE SUBDIVISION ACTIVITY

*Please note that the subdivision activity will be pursued when land use resource consent for the
development is obtained.

The existing buildings are located over the common boundary of the two allotments that make up
the current site. A section 37 Building Act Certificate (B680978.1) is currently holding the two sites
together. The existing buildings on the eastern side of the current site are to be removed and Stage
1 subdivision is to occur. Stage 1 subdivision will create two new allotments of revised shapes to
12
 accommodate the proposed re-development of the current site (boundary adjustment so no
additional lots created). The proposed western Lot 1 will retain the existing building and its parking
area to the rear, with legal and physical frontage to be onto Fourth Ave. The proposed eastern Lot
2 is to contain the proposed new building subject of this consent application, with its legal and
physical frontage to be onto both Fourth Ave and Cameron Road. Lots 1 and 2 will be provided
separate connections for water, wastewater and stormwater to the adjacent Fourth Ave roadside.

Stage 2 will involve undertaking a unit title subdivision of the various parts of the building (the
separate office spaces, residential units, and the exclusive use areas).

When subdivision resource is sought, the following rules will be the relevant triggers for a
controlled activity subdivision resource consent under section 11 of the RMA:
• Subdivision for freehold allotments – controlled activity pursuant to Table 12A.1 and Rule
12E.3(a).
• Unit title subdivision – controlled activity pursuant to Table 12A.1 and Rule 12A.5(b).

3.5 INFRASTRUCTURE & SUPPLIED SERVICES

Figure 11 below is from TCC’s MAPI GIS that shows the existing infrastructure servicing (water,
wastewater and stormwater) provided in the adjacent Cameron Road and Fourth Ave roads. The
preliminary civil design report in Appendix 8 outlines in further detail how it is proposed to connect
into Council’s services.

Figure 11: Existing services (from TCC MAPI).

In brief, a new wastewater connection from the proposed site development is to connect into the
existing line located to the north of the site within Fourth Avenue.

13
 The site can be regarded as already having a 100% impervious surface with stormwater discharging
to the roadside reticulation. The proposal will continue to have a similar arrangement with
stormwater from rooftops and the site impervious surfaces to be collected, routed and eventually
discharged into Council’s reticulation within Fourth Avenue.

Water supply for use and fire-fighting requirements is to be provided from Council’s reticulation.

The existing development at the site has connections to telecommunications and electricity
connections provided within the adjacent Cameron Road and Fourth Ave. It is anticipated that the
proposed development will have a similar arrangement with required upgrades to be made.

4 REASONS FOR RESOURCE CONSENT

4.1 TAURANGA CITY PLAN

4.1.1 Prescribed Activities

The subject sites are zoned Commercial under the TCP. The proposed offices, retail, and café
spaces, and residential apartments, are provided for as permitted activities in the Commercial
Zone under the definitions of “Business” and “Residential” activities.

4.1.2 Rules Assessment

A detailed assessment of the relevant TCP rules is included within Appendix 3. In brief, the
proposal triggers the need for land use resource consent under section 9 of the RMA for the
following reasons:
• Building Height - The proposal involves the development of a building that at its highest point
will be RL36.05m thereby not complying with the permitted activity rule for maximum building
height (12.0m) above ground level by up to 10.722m. The note below Rule 17A.11.1.1 says
any activity that does not comply with Rule 17A.11.1.1 shall be considered as a Discretionary
Activity. Pursuant to Rule 17A.15.1(a)(i), this aspect of the proposal requires resource consent
as a discretionary activity.
• Building Height – The proposed height of the building will in part extend into viewshaft 10
thereby not complying with Rule 17A.11.1.1(b) that says no building or structure within any
identified Viewshaft Protection Area shall exceed the maximum height limit identified on the
planning maps. Pursuant to Rule 17A.15.1(a)(i), this aspect of the proposal requires resource
consent as a discretionary activity.
• Provision of More than 25 Car Parks – The proposal will provide 59 on-site car parks on two
floor levels. Pursuant to Rule 4B.4(b) this aspect of the proposal requires resource consent as
a restricted discretionary activity.

4.2 NATIONAL ENVIRONMENTAL STANDARDS

Regulations 5(4) and 5(6) of the Resource Management (National Environmental Standard for
Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (NES)
describes a change in land use and soil disturbance as an activity to which the NES applies where
an activity that can be found on the Ministry for the Environment Hazardous Activities and
Industries List (HAIL) has occurred on that piece of land.
14
 This regulation sets out how to determine when the Resource Management (National
Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human
Health) Regulations 2011 (NES) applies. In particular, a piece of land is a “piece of land” when an
activity or industry described in the Hazardous Activities and Industries List (HAIL) is being
undertaken; has been undertaken; or it is more likely than not that an activity or industry described
in the HAIL is being or has been undertaken on it. A review of the Bay of Plenty Regional Council
HAIL GIS does not identify the site to be a HAIL site. Available historical aerial images of the site
also do not suggest there has been prior land uses undertaken where a HAIL activity would have
occurred. Therefore, in this instance it is considered that the NES does not apply for the proposal.

4.3 ACTIVITY STATUS CONCLUSION

Overall, the proposal is considered to be a discretionary activity under the TCP, being the most
stringent status of all the activities for which resource consent is required.

5 STATUTORY REQUIREMENTS - SECTIONS 88, 104 & 104B OF THE RMA

Section 88 of the RMA 1991 outlines that an application for resource consent is to be in the
prescribed form and manner that includes information relating to the activity, and is to include an
assessment of the activity’s effects on the environment in accordance with Schedule 4 of the RMA.
This assessment is to be in such detail as corresponds with the scale and significance of the effects
the activity may have on the environment.

When considering an application for resource consent, Section 104(1) requires Council to, subject
to Part II of the RMA, have regard to any actual & potential effects on the environment of allowing
the activity; any relevant provisions of other planning related documents; and any other matter
considered relevant and reasonably necessary to determine the application.

The proposal is considered to be a discretionary activity whereby pursuant to section 104B, after
considering the application Council may grant or refuse the application. When forming an opinion
for the purposes of section 104(1)(a), section 104(2) provides guidance that adverse effects from
activities that are permitted by NES or plans may be disregarded.

5.1 ASSESSMENT OF ENVIRONMENTAL EFFECTS

The proposed new land use activities (residential, retail, office, café) are permitted and provided
for in the Commercial Zone (permitted baseline). The proposed infringement of the permitted
activity rule for building height and more than 25 car parks to be provided triggers a discretionary
activity status and the need for resource consent to be obtained.

5.1.1 Earthworks and Construction Effects

In brief, earthworks and construction related effects of the proposal will include:

Demolition of the existing buildings and removal of surplus material. The parking and access areas
to the west of the subject site and in between the buildings will also be excavated. During the
construction phase it is expected there will be adverse effects attributed to general untidiness of
the site and onsite construction activities. This will however be of a temporary nature only. It is of
15
 note that demolition of a building or structure is a prescribed as a permitted activity in Table 17A.1
that can be considered to form a baseline of effects permitted by the TCP.

As described in the proposal section of this report, earthworks and other ground improvement
activities will be undertaken to establish a suitable platform. The volume of these works will be
relatively moderate (approximately 2,700m3) as the site is already stepped into the slope. A
construction management plan (CMP) will ensure these works are undertaken in a safe manner,
with appropriate controls and measures implanted to manage effects. This CMP will also have a
traffic management component to make sure vehicles attracted to the subject site during the
construction period operate in a safe and conscious manner e.g. advisory signage to be used and
the roads adjacent to the site will be regularly inspected for spilt soil material and swept clean as
required. A combination of sediment and erosion controls are anticipated to be used in general
accordance with Appendix 4N of the TCP.

The subject site is relatively large and will therefore be able to accommodate construction traffic
associated with deliveries and parking for contractor vehicles without undue overspill onto
adjoining streets. Noise is restricted by the relevant TCP noise standards and the potential for
conflict can be further limited by imposing maximum working hours.

In general, the types of potential adverse effects associated with the earthworks and construction
periods are typical of developments of this scale and can be readily mitigated by site management
conditions of consent.

Actual or potential adverse effects associated with proposed earthworks and construction
activities can be appropriately managed through conditions of consent to be within the realm of
activity provided for within the Commercial Zone i.e. the proposal will generate a similar level of
effect as a compliant building being constructed (permitted baseline). It is considered that adverse
effects from the proposed earthworks and construction activities will be less than minor on persons
and the environment.

5.1.2 Physical Effects

Further descriptions of the proposed new building and its physical effects are contained in the
Assessment of Landscape and Visual Effects (ALVE) prepared by Boffa Miskell in Appendix 4. Based
on the reasons for resource consent, it is considered the adverse effects to actually or potentially
be generated by the proposed additional height will be in relation to visual dominance and
daylighting impacts.

Figures 12 to 14 below show the subject site to contain a combination of buildings that front onto
Cameron Road in a single and two storied manner. These buildings provide cover out over the
adjacent public pedestrian path. Moving eastward away from Cameron Road the site slopes away
where these buildings gain an additional basement type level and parking area.

16
Figure 12: View south-west from Cameron Road of buildings currently on subject site

Figure 13: View east from Cameron Road of buildings currently on subject site

Figure 14: View west from Fourth Avenue of buildings on current site
Construction of the proposed new five-level building (plus basement) will be considerably larger
than the current array of buildings on the subject site. It is relevant to note at this point however
that a permitted baseline of effects is anticipated by the Commercial Zone relating to the 12.0m
permitted building height applying to the current site, and various others located in the adjacent
area along Cameron Road. Section 4H of the TCP also provides for a limited range of instances
where it is permitted for particular building components to intrude through a prescribed building
envelope control. Figure 14 below shows the different permitted building heights for sites in the
nearby surrounding area.
17
Figure 15: Depiction of different permitted building heights on nearby properties.
Figures 16 to 18 below illustrate how the proposed building will look on the subject site with the
yellow lines showing the 12m permitted height level.

Figure 16: Illustration of new building viewed from Cameron Road

18
Figure 17: Illustration of new building viewed from Edgecumbe Road

Figure 18: Illustration of new building viewed from Sheath Street.

The general outcome of the proposal will be that the new building will appear and be noticeably
higher and more visually prominent when compared to the built development in the nearby and
adjacent area. This will largely be because these other sites are relatively under-developed in terms
of their available development potential. Over time, and what is progressively occurring already
along Cameron Road, it is anticipated that other under developed sites along Cameron Road will
undergo similar redevelopment to utilise the development potential afforded by the Commercial
Zoning.

A set of solar study plans are included in Appendix 2 that illustrate the extent of shading the
proposed building is likely to generate during different times of a year, in comparison to a building
that would be compliant with the 12m permitted height rule. What these solar study plans do not
illustrate however is the 12m building height permitted baseline available to other Commercial
zoned sites along Cameron Road. This permitted baseline can be taken into consideration of what
level of physical presence and visual effects the Commercial Zone provides for e.g. all the
Commercial zoned sites having 12m high buildings on them. Such a permitted baseline of built
form along this Commercial Zone strip would offer screening of the majority of the proposed new
building’s bulk, including that up to 12m in height which is permitted. Figure 19 below illustrates
how other buildings built to 12m will generate the same or similar level of shading onto properties

19
to the south and south-west of the subject site (particularly when taking into account the lateral
width of these sites).

Figure 19: Illustration of other buildings obstructing views and creating shading.
The new building will generally infringe the 12.0m building height rule of the Commercial Zone by
up to an additional 11.0m (up to 23.0m above the ground level). The design of the building will
however have a combination of steps to its roof line due to the different floor level designs. This
stepped design will provide a reduction in the level of additional shading caused by the portion of
the building above 12m to nearby properties.

As can be seen in the elevation and roof plans, the highest part of the new building will be the plant
enclosures that will protrude above the roof. These will provide screening and protection of the
ancillary building components not usually desirable to be visible (e.g. top of the elevator shafts,
roof access hatch and air conditioning condenser etc). These plant enclosures will be up to
RL36.05m (10.75m above the 12.0m permitted building height) that will sit between 1.5m to 2.0m
above the roof of Level 5, but as seen in the proposal plans, these will be located centrally on top
of the roof on then only occupy a small percentage of this roof area. The result of this is that they,
and their additional building height, will not be readily noticeable or visible when viewing the new
building from nearby ground areas.

The roof of level 05 will rise up to RL34.611m and slope down to RL33.8m (between 6.24m and
7.46m above the 12.0m permitted building height). The next 5 lower levels of the building are
stepped insofar as their footprints and visible mass become less as the building ascends i.e. Level
01 will have a floor area of 1,592m2 that will cover about 97% of the buildings footprint. Level 02
will have a floor area of 1,382m2 that will cover about 84% of the buildings footprint. Level 03 will
have a floor area of 1,292m2 that will cover about 78% of the buildings footprint. Level 04 will have
a larger floor area of 988m2 that will cover about 60% of the buildings footprint. Level 05 will have
a floor area of approx. 835 m2 in area that will cover about 50% of the buildings footprint.

It is considered relevant to note that a compliant building could generate adverse visual effects,
that whilst may be anticipated by the TCP, may not be compatible with the site. Aside from the
additional height, the proposed building will be in accordance with the bulk and location
expectations of the TCP provisions i.e. streetscape. It is considered the proposed additional height
of the building above 12m can be more readily acceptable on the subject site because of its corner
characteristics. The subject site will be separated from other sites to the north, north-east and east
by Cameron Road and Fourth Avenue. The western side of the current site will undergo subdivision
to retain the existing building on its own allotment. This allotment will offer approximately 20m
20
 separation from other sites to the west. It is relevant to note that this Commercial zoning of these
allotments allows for buildings up to 12m too. It is considered that the additional building height
above 12m can comfortably integrate with the surrounding environment with little change to the
character or visual amenity values of the area. The scale, massing and proportions of the proposed
building are considered to be appropriate for the corner site, and its locality amongst Cameron
Road’s commercial strip.

To minimise landscape and visual effects the ALVE in Appendix 4 recommends the following design
and mitigation measures to the external design. These include:
• Retention of the building design whereby it steps back along the western façade;
• Avoidance of individual air conditioning units being placed on the facades of the building
where visible from the surrounding visual catchment. Units should be avoided or screened
from view by being set within balconies below opaque balustrades.
• No aerials or satellite dishes shall be placed on roof tops or any of the building facades.
• A landscape planting plan shall be prepared by a suitably qualified landscape architect to detail
the mitigation measures including:
• Greening of the basement wall through provision of seven specimen trees at 5m centres along
the edge combined with groundcover and wall climber species.
• Amenity planting at the Fourth Avenue stepped entrance that retains open views to the
vehicle entrance.
• Inclusion of above deck small shrub and tree planting (in planters) to provide a vegetated
interface for the 2nd floor.
• Provision of opaque glass balustrades along the western façade to provide for indoor privacy
between residents of Sheath Street and the building.
• Use of lighter coloured building materials and the articulation of materials to break the bulk
and scale of the building.
The ALVE concludes that with the above-mentioned measures being accommodated into the
proposal, the potential adverse effects upon the landscape character and amenity values will be
minimised. The additional height of the building is assessed to comprise ‘low to moderate’ adverse
visual effects, and on the whole the proposed building will be compatible with the City Centre,
surrounding commercial and City Living residential environment. The character and style of the
building is assessed to be anticipated under the relevant City Plan provisions, and whilst higher
than anticipated by the City Plan, the ALVE concludes that the additional height can be visually
accommodated into the receiving environment through the design and additional measures
recommended. It is considered that physical effects from the proposal’s additional height will be
less than minor on persons and the environment.

5.1.3 Streetscape Character and Pedestrian Amenity

The existing buildings on the subject site are quite old and are not considered to be contributing
visually in regard to streetscape character and amenity. The proposed building has been designed
by Ignite Architects with the intention to achieve an attractive and contemporary outcome (see
Figures 20 to 23 below that show what has been achieved for other large building developments
in Tauranga).

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Figures 20 & 21: View of buildings at 247 Cameron Road and 525 Cameron Road

Figures 22 & 23: View of building at 306 Cameron Road and proposed new building streetscape perspective.
Level 01 will provide for business activities along Cameron Road to add to the supply for
commercial space in Tauranga. Urban design and Crime Prevention Through Environmental Design
(CPTED) elements have been included in the building design. These include provision for
architectural design elements that will make the building visually attractive and aesthetically
pleasing to view from nearby areas. A noticeable addition with the new building when compared
to the current buildings is an increase in area of the building’s sides to comprise of glass / windows.
This will aid in passive surveillance of the adjacent public areas. Similar to what is already provided
by the existing buildings, cover is to again be provided out over the adjacent public pedestrian path
on Cameron Road, and over the corner of Fourth Avenue. The building will provide a variety of
access points from the adjacent roads for visitors and residents. The current sloped pedestrian
path along Fourth Avenue will be reformed into a combination of steps leading to Ground Level
01, then into a sloped pedestrian path again past the building’s basement access.

The apartment units to be provided on the upper levels will offer future residents a range of sizes
and outlook orientations to choose from. Internally each unit is desired to be built to a high
standard for aesthetic appeal. Externally the building will utilise a combination of cladding
materials to provide an array of textures and colours.

Temporary noise and vibration will be generated during the construction of the proposed building.
The Acoustic Report in Appendix 5 provides the recommendation that Rule 4E.2.3 (c) and (d) from
the TCP should apply to this project. A possible noise consent condition to be imposed onto the
resource consent could include:
• That at Building Consent stage, an acoustic design report prepared by a suitably qualified and
experienced acoustic consultant shall be provided to the Team Leader: Environmental
Monitoring demonstrating that the proposed residential units will be constructed to ensure
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 noise from activities on neighbouring commercial sites will not exceed 35 dBA Leq 24 hours in
bedrooms and 40 dBA Leq 24 hours in all other habitable rooms.
• That mechanical ventilation to bedrooms and habitable rooms shall be provided, in
accordance with clause G4 of the NZ Building Code, and the noise level from the mechanical
ventilation system shall not cause the noise limits of this condition to be exceeded.
• That noise from construction activity shall not exceed the limits recommended in, and shall
be measured and assessed in accordance with, NZS6803:1999 Acoustics – Construction Noise.
Actual or potential adverse streetscape character and amenity associated with proposal are
anticipated by the TCP and will be of a positive nature. Non-temporary effects on streetscape
character and pedestrian amenity will be less than minor on persons and the environment.

5.1.4 Traffic effects

As the proposal includes provision for more than 51 on-site car park spaces, an Integrated
Transport Assessment (ITA) has been prepared by specialist Transport Engineers, Gray Matter Ltd
and is included in Appendix 6. The purpose of this ITA was to assess the transportation effects of
the proposal, and to meet the Wide Area Assessment criteria of Appendix 4K of the TCP. It outlines
the anticipated use, traffic generation, traffic movements, safety impact, design standards used,
and assess relevant local/regional policies for the scale of the proposal.

A full and complete read of the ITA is advised, however the following provides a brief summary of
the ITA findings:
• Access to the subject site will be via vehicle crossings onto Cameron Road and Fourth Avenue.
• Under the TCP, calculation of the proposed land use activities to be undertaken require 80
parking spaces; 1 car loading space; and 2 HGV loading spaces to be provided. The Parking
Reduction Factors from Appendix 4L of the TCP were applied to the proposal where it is
calculated the proposal would only require 59 parking spaces.
• 59 car parks are proposed to be provided within the subject site building development. 51 of
these will be on the basement level and 8 of these will be on the ground level 01. Three of
these 59 car parks will be accessible parks. Areas for bike storage and loading will also be
provided on each of these levels. The basement carparking will be allocated to the residential
and office activities.
• When completed and fully occupied, the proposal is anticipated to generate approximately
645 vehicle movements per day, which is less than the approximate 800 vehicle movements
per day likely being generated by the existing site activities. Therefore, the proposal is
anticipated to result in net traffic reduction compared to the existing development.
The subject site is located relatively central in Tauranga and the proposed building will provide
bicycle storage and other end of trip services (e.g. showers, lockers etc). The subject site will be
closely situated to employment, shopping and recreational amenities for residents, employees and
visitors. This is anticipated to positively contribute to reducing vehicle use by residents, employees
and visitors. Cameron Road is also frequented by Public Transport modes (i.e. local bus services,
taxi) should travel need to be further afar.

As informed by the Gray Matter Ltd ITA report relating to the proposal, and subject to
recommended conditions being implemented, the transportation effects on the network are
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 expected to be less than minor. Due to the proximity of Cameron Road, and the subject site being
zoned Commercial, it is considered actual or potential adverse traffic effects will be less than minor
on persons and the environment.

5.1.5 Building to extend into Viewshaft 10

Figures 24 and 25 below illustrate the extent to which the proposed building will extend into
viewshaft 10. Section 7.5 of the attached ALVE investigates this and finds that when viewing Mauao
from the viewshaft origin, the proposed building will sit obscured by existing vegetation on the Te
Papa peninsula. Potential adverse visual effects area considered to therefore be negligible.

Figures 24 & 25: Excerpts from Appendix 2 plans showing extent of building extending into viewshaft

5.1.6 Servicing and Infrastructure

A preliminary civil design report is included in Appendix 4 that provides engineering design for
services. Actual or potential adverse effects associated with providing servicing and infrastructure
for proposal can be appropriately managed through conditions of consent to be less than minor
on persons and the environment.

5.1.7 Summary of effects

Overall, it is considered actual or potential adverse effects of the proposal relating to earthworks
and construction; the physical changes to occur and the presence of the proposed new building
on the site; streetscape character and pedestrian amenity; traffic; construction a building that will
extend into a viewshaft; servicing infrastructure to be provided will be less than minor on persons
and the environment.

5.2 CONSIDERATION OF RELEVANT PLANS

5.2.1 Tauranga City Plan

Section 1A.4 of the TCP sets out that when interpreting it, guidance is provided by objectives and
policies, and the rules set out the actual requirements for subdivision, use and development. Under
the TCP:
Objectives – describe the desired outcome for a particular resource management issue;
Policies – describe the direction to be taken to achieve the objective, and outline the considerations
specific to the achievement of a particular objective;
Rules – implement the direction of the policies.

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In relation to the proposed uses of the new building, the following extracts from the TCP are
considered pertinent:
17A.2 Purpose of the Commercial Zone
The purpose of the Commercial Zone is to provide for the development of a broad spectrum of uses in
consolidated locations. The Commercial Zone provides a variety of environments for commercial
development recognising the need to provide flexibility within the zone for the marketplace…
… To help create vibrant, mixed use commercial centres residential development is provided for in
association with commercial development, with particular guidance to ensure that a combined
residential and commercial area does not impact on the commercial viability of the zone.
Policy 17A.5.2.2 - Efficiency of the Transport Network
By ensuring that commercial business activities are well located within the transport network…
c) Maximising the distribution of small scale convenience retail opportunities to meet people’s daily
needs that are within walking distance for most of the community;
e) Ensuring the effects of business activities are acceptable with respect to the local and wider transport
network.
Commentary:
The proposal will locate a combination of residential and business activities within the same
building in a location well suited for efficient access to the adjacent transport network. The
proposal will provide a great combination of on-site parking for residents and regular visitors
(employees, customers) that will have great access opportunities onto both Fourth Avenue and
Cameron Road in an acceptable fashion. Alternative travel modes will also be available in the form
of walking (the site is located in close proximity to Tauranga’s city centre and other amenities in
the area), cycling (storage areas provided within the building), and public transport that frequents
the adjacent Cameron Road (bus, taxi, car-pooling).
17A.7.1 Objective - Bulk and Scale of Buildings in the Commercial Zone
Buildings are sufficient to provide and adapt to the needs of business and mixed use activities while
positively contributing to the surrounding landscape character, and that do not compromise the amenity
of the surrounding environment.
Policy 17A.7.1.1
By providing a building envelope sufficient to provide for business and mixed use activities that:
a) Ensures the maintenance and enhancement of the surrounding urban amenity values;
b) Provides sufficient development potential for business and mixed use activities to establish and
adapt;
c) Does not compromise the purpose or anticipated amenity of surrounding zones.
17A.7.2 Objective– Site Layout and Building Design in the Commercial Zone
Buildings and structures within the zones provide for a safe, accessible and pleasant commercial
environment that has regard to the interface with public spaces, the amenity of adjacent zones and the
protection of the natural character of the City.
Policy 17A.7.2.1
By providing a building envelope sufficient to provide for business and mixed use activities that:
d) Ensures the maintenance and enhancement of the surrounding urban amenity values;
e) Provides sufficient development potential for business and mixed use activities to establish and
adapt;
f) Does not compromise the purpose or anticipated amenity of surrounding zones.

Commentary:
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The proposed redevelopment of the subject site will provide for a combination of residential and
business activities within a visually attractive building, and in a manner that integrates well with
the subject site’s location on the corner of two roads. The proposed building will generally comply
with the bulk and location controls of the TCP with the exception of the additional height above
12m. The subject site where the proposed building will be located is surrounded on three of its
four sides by Cameron Road, Fourth Avenue, and an existing building / land use activity to the west
of the site providing effective setback / buffer. The adjoining site to the south is similarly zoned
Commercial with its northern boundary currently occupied by an accessway. The majority of the
proposed building’s bulk that will extend higher than 12m will front onto Cameron Road. Figure 25
below illustrates how when the building moves westward away from Cameron Road, it reduces in
levels (5 to 4, then 4 to 2) and reduces in total floor area / bulk.

Figure 25: Illustration of the proposed building and permitted 12m building height
A set of solar study plans are included in Appendix 2 that illustrate the extent of shading the
proposed building is likely to generate during different times of a year, in comparison to a building
that would be compliant with the 12m permitted height rule. While additional shading will be
generated from the proposed additional height, the majority of this will be either onto / experience
by Cameron Road; the adjoining site to the west (part of the current site); and onto the site to the
south. What the solar study plans in Appendix 2 do not illustrate however it the 12m building height
permitted baseline available to other Commercial zoned sites along Cameron Road. The level of
shading caused by this can be disregarded as a level of physical effect anticipated by the receiving
environment e.g. all the Commercial zoned sites having 12m high buildings on them that would
effectively offer screening of the majority of the proposed new building’s bulk, as well as causing
a similar level of shading onto properties to the south and south-west of the subject site. It is
considered the proposal will maintain surrounding urban amenity values while providing for
business and mixed use activities.

Objective 17A.7.3– Activities within the Commercial Zone

Development within the zones is characterised predominantly by business activities, integrated with
mixed use, civic and community facilities.
Policy 17A.7.3.1
By providing for business, civic and community uses in the zones, integrated with residential activities
where:

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 a) Residential development mitigates the potential impacts of noise from business activities on the
amenity of that residential activity;
b) Residential activity is located above ground floor level or at the rear of the sites so it doesn’t interrupt
a continuous business, civic and community activity frontage at ground level;
c) Residential activities are permitted to occur at a higher density;
d) Residential development does not compromise the efficient distribution of a network of commercial
centres, and provides a level of amenity consistent with medium density development in the
Suburban Residential Zone.
Commentary:
The proposal in considered to be in alignment with the above objective and associated policies
insofar as a range of mixed use activities have been provided for (business on the ground level with
residential units above) and in a manner that shouldn’t interrupt a continuous business activity
frontage along Cameron Road.
Objective 4B.1.1 – Promoting an Integrated Transport Network
Subdivision, use and development of land facilities and encourages the use of alternative modes of
transport, in particular walking, cycling and public transport.
Policy 4B.1.1.1 – Reduction of On-Site Parking
By considering the reduction of required on-site parking as an opportunity to facilitate alternative modes
of transport, but only when having particular regard to:
a) The off-site effect of the on-site shortfall does not adversely affect the primary function of the
surrounding transport network;
b) The proximity of existing public transport facilities to the proposed activity and how the activity
proposed to encourage public transport patronage;
c) The scope to provide additional bus stops as part of the public transport network that would offset
the loss of on-site parking for the proposed activity or existing activities in the immediate vicinity;
d) The provision of on-site bicycle parking and accompanying changing and shower facilities,
proportional to the reduction of on-site parking;
e) The extent of reduction that may be appropriate having regard to Appendix 4L – Parking Reduction
Adjustment Factors;
f) Provided on-site parking will meet anticipated demand.
Policy 4B.1.1.2 - Encouraging Alternative Transport
By ensuring that land-use and subdivision activities that have significant transport implications or
present an opportunity to facilitate alternative modes of transport are designed to provide for walking,
cycling and public transport facilities that:
a) Address any identified need for new facilities or networks;
b) Enhance existing facilities or networks.
Objective 4B.1.3 – Parking
Parking is provided that meets the demand of activities either on-site or in the vicinity to ensure that the
safe, sustainable and efficient functioning of the adjoining transport network is maintained and that
parking areas provide appropriate stormwater disposal.
Policy 4B.1.3.1 – On-site Parking Requirements
Ensuring that land use activities provide:
a) A level of onsite vehicle parking that reflects anticipated demand;
b) Bicycle parking that meets the requirements of Appendix 4C - Bicycle Parking Dimensions and Design
Requirements, where bicycle parking is proposed to be provided;
c) Parking and loading areas that are appropriately located and designed for their intended use;

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 d) On-site parking and loading areas that are configured to provide for the practical and safe movement
of vehicles on-site and off-site, and avoid, remedy or mitigate adverse effects on the safe and efficient
operation of the transport network (including the function of roads as identified in the road hierarchy).
The proposal will provide appropriate on-site parking for the anticipated traffic (staff, visitors and
residents) after applying the Parking Reduction Adjustment Factors available for utilisation by the
TCP. Access to and manoeuvring around these parking areas will be adequate to enable vehicle to
enter and exit the respective area in a forward direction. The proposal has been subjected to
analysis and consideration by an ITA. Concluding comments from this are that transportation
effects on the network are expected to be less than minor, and there does not appear to be any
significant reason relating to traffic why the proposal should not be approved (subject to specified
conditions being adhered to). The proposal in considered to align with the above objectives and
associated policies relating to transportation.

Overall, in our opinion, the proposed development suitably in alignment with the relevant
objectives and policies of the TCP that relate to development and activities within the Commercial
Zone.

5.2.2 Smartgrowth

Councils and other groups considered important for growth planning in the Bay of Plenty (BOP)
region are to varying extents involved with a 50-year growth management strategy called
Smartgrowth. “Live – Work – Play” is a prevalent policy theme promoted through this strategy that
the BOP Councils are directed to implement within their various plans and policies. Of relevance
to the proposal is the BOP Regional Policy Statement Policy UG 8B (Implementing high quality
urban design and live-work-play principles). This policy directs territorial authorities to “…
implement the region’s “high quality urban design” and “live-work-play” principles as outlined in
Appendix B…”.

Appendix B - PRINCIPLE 2: The live-work-play policy approach to future development

This principle supports a shift in growth management from focusing largely on accommodating
low density suburban residential development to supporting a compact and balanced Live
Work and Play approach. Live Work and Play is a concept that emphasises the need to achieve
balance within the management of growth. It has relevance at different levels:
At the sub-regional level it includes the provision of land and services for housing, business,
rural production, community activities and recreation. It emphasises the inter-relationships of
these activities to provide for accessibility, minimised energy use and reduced vehicle
emissions.
At the local level it includes providing the opportunity for people to meet most of their daily
needs within their own community and promoting community cohesion and more harmonious
lifestyles. It gives opportunity for people to remain active through all their stages of life, in a
healthy and safe environment.
At site level it includes careful design to contribute more to the public domain, provide for
privacy and diversity through mixed use development.
The Live Work Play principle therefore promotes an approach to future development through
an association of land uses that:

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 • Promotes social cohesion, security and well-being;
• Efficiently links, by way of roads, cycle links and walkways, housing to people’s places of
work and play;
• Encourages use of travel demand management techniques to reduce travel by private
motor vehicles;
• Provides employment opportunities close to housing;
• Demonstrates adherence to the New Zealand Urban Design Protocol (March 2005) Key
Urban Design Qualities;
• Encourages the provision of mixed-use development where appropriate; and
• Creates a range of housing opportunities and choices.
The proposal is considered both promote opportunities for, and be in alignment with, the above
Live-Work-Play principle for the following reasons:
1. The proposal will result in a development where residents, visitors and occupiers will have
opportunities to interact on a social level while being secure;
2. The proposal will be well located for access to a range of travel modes for visitors to the site /
businesses.
3. The apartments will provide for a range of housing choice for residents in close proximity to
business, employment and recreational activities; and
4. The design of the proposed building will utilise a combination of urban design qualities.

5.3 PART II OF THE RESOURCE MANAGEMENT ACT

The purpose and principles of the RMA are set out in Part 2. The following provides an assessment
of the proposal against these.

Section 5 sets out that the purpose of the RMA is to promote the sustainable management of
natural and physical resources in a way, or at a rate, that enables people and communities to
provide for their social, economic and cultural wellbeing and for their health and safety, while
ensuring the resources are managed in a sustainable manner and adverse environmental effects
are avoided, remedied or mitigated.

Section 6 sets out that in achieving the purpose of the RMA, all persons exercising functions and
powers under it shall recognise and provide for specific matters deemed to be of national
importance. In brief, the proposal to redevelop a Commercial zoned site with a new building to be
used for a mix of uses that are provided for as permitted activities under the TCP. The subject site
will be located well away from the coastal environment (including the coastal marine area);
wetlands; lakes and rivers and their margins; areas of significant indigenous vegetation and
significant habitats of indigenous fauna; outstanding natural features and landscapes; sites of
historic heritage; or natural hazards. It is considered the proposal will not affect the relationship
of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and
other taonga; or the protection of protected customary rights. It is considered the proposal will
not raise issues relating to the section 6 specified matters of national importance.

Section 7 sets out that in achieving the purpose of the RMA, all persons exercising functions and
powers under it, shall have particular regard to a range of specified other matters. In brief, the
29
 proposal to redevelop a Commercial zoned site with a new building to be used for a mix of uses
that are provided for as permitted activities under the TCP. The proposal is not considered to
unreasonably or unduly affect kaitiakitanga; the ethic of stewardship; the efficiency of the end use
of energy; intrinsic values of ecosystems; any finite characteristics of natural and physical
resources; the protection of the habitat of trout and salmon; the effects of climate change; or on
the benefits to be derived from the use and development of renewable energy.

The proposal is however considered to be complimentary of the efficient use and development of
natural and physical resources. With regards to section 7(c) and 7(f), the proposal is considered to
be sufficiently maintaining and then actually enhancing the quality of the “environment” (as
defined under the RMA) by respecting amenity values (through providing an aesthetically
attractive designed building that will operate in compliance with the TCP amenity related controls),
and then enhancing the environment (as defined under the RMA) with improved social, economic
and aesthetic conditions that affect the above matters. It is considered the proposal will not
unreasonably undermine the amenity values or quality of the environment currently being
portrayed from the site’s built form and aesthetic qualities.

Section 8 of the RMA requires all persons exercising functions and powers under the Act, to take
into account the principles of the Treaty of Waitangi. Consideration has been afforded to these
principles when preparing this application. It is considered that the proposal will not give rise to
any significant issues with these principles.

On balance, and in consideration of the overarching purpose of the RMA as set out in Section 5,
the proposal will enable persons and communities to provide for their social and economic well-
being, while sustaining the potential of natural and physical resources to meet the reasonably
foreseeable needs of future generations; safeguarding the life-supporting capacity of air, water,
soil, and ecosystems; and avoiding, remedying, or mitigating adverse effects of activities on the
environment. It is considered that the proposal is consistent with Part II of the RMA.

6 SECTION 95 OF THE RMA

6.1 ADMINISTRATION OF SECTION 95 OF THE RMA

Section 95 of the RMA includes the provisions to be considered with respect to how a resource
consent application will be processed e.g. non-notified, publicly notified, or limited notified. This
determination is influenced by the level of effect a proposal is anticipated to generate on the
environment and on persons. The Quality Planning website provides helpful guidance and
explanation for how a level of effect can be better defined:
• Nil Effects - No effects at all.
• Less than Minor Adverse Effects - Adverse effects that are discernible day-to-day effects, but too small
to adversely affect other persons.
• Minor Adverse Effects - Adverse effects that are noticeable but will not cause any significant adverse
impacts.
• More than Minor Adverse Effects – Adverse effects that are noticeable that may cause an adverse
impact but could be potentially mitigated or remedied.

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 • Significant Adverse Effects that could be remedied or mitigated - An effect that is noticeable and will
have a serious adverse impact on the environment but could potentially be mitigated or remedied.
• Unacceptable Adverse Effects - Extensive adverse effects that cannot be avoided, remedied or
mitigated.
Section 4 of this report outlines the reasons the proposal requires resource consent. These include
that the proposed building will exceed the maximum permitted building height; that the proposed
building will in part extend into a viewshaft; and that more than 25 car parks are to be provided.
All other aspects of the proposal are considered to be permitted and provided for on the site e.g.
Business and Residential activities are permitted uses within the Commercial Zone. The following
provides an examination of those aspect of the proposal requiring resource consent.

6.1.1 Transportation Related Effects

The proposed design for access, parking and manoeuvring for the proposal has been considered
by the Integrated Transportation Assessment (ITA) in Appendix 6. This ITA provides conclusions
that the proposal will have less than minor transportation effects (subject to conditions being met).
In relation to s95 of the RMA, traffic and transport related effects associated with the proposal are
anticipated to generate less than minor effects on persons and the environment.

6.1.2 The portion of the proposed building that will exceed the maximum permitted height

With regard to the proposed building height, it is appropriate to acknowledge that the proposal is
essentially a permitted activity up to a level 12.0m above the ground. While the proposal is to be
assessed as a discretionary activity as a whole, there is rationale to limit the focus of effects
assessment to only the portion of the building that will extend higher than 12.0m above the ground
(refer Figure 26 below). Actual and potential adverse effects associated with this additional height
are considered to be limited to shading effects and visual / dominance effects.

Figure 26: Illustration of the 12.0m maximum permitted building height in the Commercial Zone.
Figure 27 below is an aerial image of the subject site and the nearby surrounding area. A
combination of yellow, orange and blue dots have been placed on the various properties to
indicate which of the notations are considered to apply to it.

31
 Figure 27: Aerial image of the subject site and nearby area
Allocation of the different dots to specific properties has been based upon consideration of the
various plans, information, assessments and analysis within the appendices of this application.
Particular consideration has also been afforded to the level of effect on the environment that the
TCP permits to occur both on the subject site and the nearby surrounding properties by the zoning
and associated bulk and location controls, and the prescribed activities provided for in these zones
(permitted baseline). This permitted baseline forms a quantification of the level of effect
anticipated by the TCP to occur.

Based upon the solar study plans, the yellow dots indicate the properties whose inhabitants will
likely experience actual additional shading type effects at some times of the day (depending on
their location being to the west, south or east of the site), from the proposed building’s additional
height above the permitted height of 12m.

The orange dots indicate the properties whose inhabitants will likely experience a more than minor
adverse visual / dominance type effect from the proposed building’s additional height above the
permitted height of 12m.

The blue dots identify the properties that are considered to be “adjacent land” as used in s95D of
the RMA.

6.1.3 Affects upon Viewshaft 10

In relation to the portion of the building that will extend into viewshaft 10, the Assessment of
Landscape and Visual Effects (ALVE) within Appendix 4 include a photo taken from the start of
viewshaft 10 looking out towards Mauao. The location and approximate extent of the proposed
building is illustrated to show that a combination of existing land topography and established
vegetation already obscure the view towards Mauao (refer Figure 28 below). Based on the
assessments made in section 7.5 of the ALVE, in this instance, actual effects of the proposed
building’s additional height that will extend into the City Plan’s identified viewshaft level will be
well less than minor and even close to negligible on persons and the environment.

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 Figure 28: Excerpt from the ALVE in Appendix 6.

6.2 SECTION 95A OF THE RMA

In brief, the public notification provisions under section 95A of the RMA follows a four-step
process:

Step 1 - Section 95A(2) of the RMA requires mandatory public notification in some circumstances.

Response:
- It is not requested that the application be publicly notified pursuant to Section 95A(3)(a);
- The requirement for public notification under section 95C has not yet been traversed;
- Non-applicable (N/A), as the application is not being made jointly with an application to
exchange recreation reserve land.

Step 2 - If notification is not required by Step 1, Section 95A(4) of the RMA states that notification
is precluded in certain circumstances.

Response:
- N/a as the application is not for resource consent for an activity subject to a rule or national
environmental standard that precludes public notification;
- N/a as the proposal is not considered to be one of the specified activities;

Step 3 – If notification is not precluded by Step 2, Section 95A(7) of the RMA states that public
notification is required in certain circumstances.

Response:
- The proposal is not for an activity that is subject to a rule of national environmental standard
that requires public notification.
- Council is to decide whether in accordance with section 95D, that the activity will have or is
likely to have adverse effects on the environment that are more than minor. Assessments
provided within this application generally indicate that the proposal will largely only generate
effects less than minor on the environment. The proposed extent of additional height of the
building above 12.0m limits the ability to avoid, remedy or mitigate effects associated with this
additional height. A combination of avoidance and mitigation measures are included in the
recommendations of the ALVE however the proposal is still considered to give rise to potential
minor, but not more than minor, adverse visual effects being generated. Therefore neither of

33
 the criteria set out under s95A(7) is met whereby public notification of the application is not
required.

Step 4 –Section 95A(7) of the RMA requires determination as to whether special circumstances exist
which warrant the application being publicly notified.

Response:
The proposal is not considered to give rise to special circumstances that would warrant the
application being publicly notified.

Analysis of the s95A provisions above direct that the application should not be publicly notified.

6.3 SECTION 95B OF THE RMA

The limited notification provisions under section 95B of the RMA follow a four-step process:

Step 1 - Section 95B(2) of the RMA requires certain affected groups and affected persons must be
notified.

Response:
There are not considered to be customary rights groups or customary marine title groups that may
be affected by the proposal.

Step 2 - If notification is not required by Step 1, Section 95B(5) of the RMA guides whether limited
notification is precluded in certain circumstances.

Response:
N/a as the proposal seeks resource consent as a discretionary activity, and will not be a prescribed
activity.

Step 3 - If notification is not precluded by Step 2, certain other affected persons must be notified.
Sections 95B(7) and (8) direct use of section 95E of the RMA to make this determination.

Response:
- S95B(7)(a) N/a as the proposal is not considered to be a boundary activity;
- S95B(7)(b) N/a as the proposal is not considered to be a prescribed under section 360H(1)(b).
- Section 95B(8) is guided by s95E of the RMA that states a person is an affected person if the
consent authority decides that the activity’s adverse effects on the person are minor or more
than minor (but are not less than minor). As discussed in this report, and set out in the ALVE,
the proposed building will exceed the 12.0m maximum permitted building height that will
result in potentially adverse shading, visual and dominance type effects of a low to moderate
extent to persons residing or frequenting the area nearby the site (Figure 30 below is an excerpt
from the ALVE):

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 Figure 30: Excerpt from Appendix 2 of the ALVE showing low to moderate visual effects catchment.
Step 4 - Section 95B(10) relates to further notification of other persons because of special
circumstances.

Comment: The proposal is not considered to give rise to special circumstances that would warrant
the application being notified to persons not already eligible for limited notification.

6.3.1 Notification Assessment Conclusions

Overall in our opinion this application should be limited notified to the persons within the yellow
area who are likely to experience adverse effects more than minor.

7 CONCLUSION
The proposal is to redevelop a site with the Commercial Zone with a new building for residential
and business activities. These proposed uses are provided for within the Commercial Zone as
permitted activities. The proposed new building is considered to be of a visually attractive design
that will respond positively to its location on the corner of two roads.

Section 5 of this report provides assessments of actual or potential adverse effects on the
environment should the proposed activity be allowed. It is considered that the proposal, in
combination with the implementing the recommended mitigation measures, and subject to Part 2
of the RMA, will to generate an acceptable level of adverse effect on the environment.

Section 6 of this report provides a detailed assessment against the provisions of the Act relating to
notification and affected parties. The scale of the proposal is anticipated to generate effects to a
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minor, but not more than minor, extent on the environment. Persons who reside or are likely to
frequent sites in the area nearby the site will potentially be subjected to effects of a low to
moderate extent whereby limited notification to these persons of the proposed activity should be
undertaken.

Overall it is considered that the proposal can adequately satisfy the statutory requirements of
Sections 104 and 104B of the RMA, and that resource consent can be granted to the proposal.

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 APPENDIX 1

Computer Freehold Registers

 APPENDIX 2

Proposal Plans (Site, Floor, Elevation, Solar Study)

 APPENDIX 3

Assessment of the Tauranga City Plan Rules

 APPENDIX 4

Assessment Of Landscape And Visual Effects

 APPENDIX 5

Preliminary Acoustic Comments & Recommendations

 APPENDIX 6

Integrated Transport Assessment

 APPENDIX 7

Site Investigation Information

 APPENDIX 8

Preliminary Civil Design Report

 APPENDIX 9

Preliminary Geotechnical Investigation Report