A G E N D A - Hauraki District Council

A G E N D A

HEARINGS AND JUDICIAL COMMITTEE

Thursday, 13 May 2021, 9.00am

Council Chamber Hauraki House William Street Paeroa

Committee Members:

Cr P A Milner (Chairperson) Mayor Toby Adams D M Carmine

Staff

P Thom L Cowan M Muller M Sexton M Matich A Harris Council Secretary

Public copies:

Paeroa Office Plains Area Office (Ngatea Library) Waihi Area Office (Waihi Library)

Chief Executive L D Cavers

Hauraki District Council, P O Box 17, William Street Paeroa, New Zealand P: 07 862 8609 or 0800 734 834 (within the District) E: [email protected] www.hauraki-dc.govt.nz

Membership

Hearings and Judicial Committee Reporting To: Council

Membership:

Mayor and 3 Councillors Approved Independent Commissioners (to be appointed at the discretion of the Chair)

Meeting Frequency: Twice monthly (as required)

Delegation:

All delegations to this Committee are to be exercised within the framework of the Council’s adopted regulatory policies, plans, strategies, policy guidelines and by-laws. The Council delegates to the Hearings and Judicial Committee the following powers, duties and responsibilities:

Implementation of the Resource Management Act, the Operative District Plan and other regulatory Acts and Regulations in terms of judicial and regulatory responsibilities. Monitor and implement Council’s regulatory service delivery functions.

All powers, duties and discretions under the Resource Management Act 1991 to allow the above matters to be undertaken other than:

The consideration or hearing of any application where the Council is the applicant The making of a recommendation on a requirement for a Designation or a Heritage Order where the Council is the Requiring Authority Exercising the power of delegation.

All Council’s powers, duties and discretions in respect to the Dog Control Act 1996 in terms of judicial and regulatory responsibilities and the monitoring of the implementation of Council’s regulatory service delivery functions under that Act. In terms of judicial and regulatory service delivery responsibilities, and monitoring and implementation of these listed regulatory functions all:

Powers, duties and discretions vested in the Council by the Crown Minerals Act 1991. Powers, functions and discretions under Building (Pools) Amendment Act 2016. Powers, duties and discretions pursuant to Section 78 232 of the Building Act 2004 with the exception of the power to set fees and charges.

Determining any Appeals to a determination made by the Chief Executive under the Council’s Bylaws. Approval of legal action taken by the Council in relation to the Council’s Bylaws made under the Local Government Act 2002 or any other legislation. Pursuant to Section 34 of the Resource Management Act 1991 and clause 32 of Schedule 7 of the Local Government Act 2002 the Council directs that:

Commissioners appointed to Joint Hearings shall be the Chairman of the Hearings and Judicial Committee together with not less than one or more than two others. One of who shall, if possible, be a member representing the Ward in which the site subject to the application is located. Commissioners appointed to deal with all other matters shall be the Chairman of the Hearings and Judicial Committee together with not less than one other, who shall, if possible, be a member representing the Ward in which the site subject to the application is located.

Commissioners, except the Chairperson of the Hearings and Judicial Committee, shall attend to applications as far as practicable on a rotational basis.

Management Responsibility:

Group Manager - Planning and Environmental Services

Ngà Karakia Timatanga (opening) (1) Kia tau te rangimarie Kia whakapapa pounamu te moana Hei huarahi ma tatou i te rangi nei Aroha atu, aroha mai Tatou i a tatou katoa Hui e! Taiki e! (2) Whakataka te hau ki te uru, Whakataka te hau ki te tonga. Kia m kinakina ki uta, Kia m taratara ki tai. E h ake ana te at kura he tio, he huka, he hauhunga. Haumi e! Hui e! T iki e! Karakia Whakamutunga (closing) Kia whakai-ria te tapu Kia w tea ai te ara Kia turuki whakataha ai Haumi e. Hui e. T iki e!

May peace be widespread May the sea be like greenstone A pathway for us all this day Let us show respect for each other For one another Bind us all together!

Get ready for the westerly and be prepared for the southerly. It will be icy cold inland, and icy cold on the shore. May the dawn rise red-tipped on ice, on snow, on frost. Join! Gather! Intertwine! Restrictions are moved aside So the pathways is clear To return to everyday activities Join Gather Intertwine!

HEARINGS AND JUDICIAL COMMITTEE AGENDA Thursday, 13 May 2021 – 9.00am Council Chambers, Council Office, William Street, Paeroa

Schedule of Hearings

9.05am

LIMITED NOTIFIED RESOURCE CONSENT APPLICATION: Under Section 88 of the Resource Management Act 1991 to establish a 28.1ha horticultural greenhouse development including associated activities: Protective Cropping Ltd – 232 Trig Road South, Waihi

ORDER OF BUSINESS Pages

1. Karakia – Mayor Adams

2. Apologies

3. Confirmation: Hearings and Judicial Committee Minutes -21-12-20 – 2876219 8

4. LIMITED NOTIFIED RESOURCE CONSENT APPLICATION:

Protective Cropping Ltd – 232 Trig Road South, Waihi

Hearing Planners Report - LUSE-2020-1276 - 2919673 13

Appendix A: Engineering Report LUSE Protective Cropping at 232 Trig Road South - 2929403

47

Appendix B - PART 1 - Resource Consent Application Land Use 232 Trig Road South, Waihi - 2821338

55

PART 2 - Further Information Request 2020-1276 - 2822513 290

Appendix C - Further Information Request 2020-1276 - 2829329 383

Further Information Request LUSE-2020-1276 - 2861762 388

Appendix D - Further Information Provided - 2842960 394

Further Information Provided - 2866703 417

Appendix E - Signed Notification Report - 2900792 440

Appendix F – HDC submissions: Jaques and McCowatt - 2916815 462

Limited Notification submission- PT McCowatt 2021 -2910543 466

PROCEDURE FOR HEARINGS

1. Chairman The Chairman will declare the hearing open and will advise on the procedure to be followed.

2. Council Secretary The Council Secretary will read the applications (in the case of matters to be heard under the Resource Management Act) and determine:

If the applicant is in attendance, or represented; If there are any witnesses in support. If there are any submitters in attendance; If there are any witnesses in support.

3. Applicant/Appellant The applicant/appellant will present the application/appeal and call any witnesses in support, and answer any questions from the Councillors.

5. Submissions to be heard (in the case of matters to be heard under the Resource Management Act) The submitters may present their submissions, calling any witnesses in support and answering any questions from the Councillors.

5. Planning Officer/Animal Control Staff The Planning Officer/Animal Control staff will present a report and answer any questions from the Councillors.

6. Right of Reply The applicant/appellant has the right of reply.

7. Close of Hearing

The Chairman will close the hearing and advise that Council’s decision is reserved until it has considered the evidence presented and all relevant matters.

HAURAKI DISTRICT COUNCIL

HEARINGS AND JUDICIAL COMMITTEE

MINUTES OF A MEETING OF THE HEARINGS AND JUDICIAL COMMITTEE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON MONDAY, 21 DECEMBER 2020 COMMENCING AT 9.00AM PRESENT Cr P A Milner (Chairperson), His Worship the Mayor, D A Adams

and Cr P Buckthought IN ATTENDANCE P Thom (Planning & Environmental Services), M Sexton (Dog

Control Officer), D Hannah (Dog Control Officer) and C Black (Council Secretary)

APOLOGIES RESOLVED THAT the apology of Cr A Spicer be received and sustained. HJC20/22 Adams/Milner CARRIED LATE ITEMS There were no late items. DECLARATION – CONFLICT OF INTEREST Cr Spicer had declared a conflict of interest concerning the appeal and tendered her apology. CONFIRMATION: HEARINGS AND JUDICIAL COMMITTEE MINUTES - 27-10-20 - 2842109 RESOLVED THAT the minutes of the meeting of the Hearings and Judicial Committee held on Tuesday, 27 October 2020 are received and confirmed as a true and correct record. HJC20/23 Adam/Buckthought CARRIED

HJC Agenda - 13-05-21

The Chairperson opened the hearing at 9.15am Matters to be taken with the Public Excluded RESOLVED THAT the public be excluded from the following parts of the proceedings of this meeting. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: Item No.

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) Under Section 48(1) for the Passing of this Resolution

1

Appeal – Disqualification of Dog Owner

Section 7(2)(a) – Protect the privacy of natural persons, including that of deceased natural persons.

Section 48(1)(a) That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist.

HJC20/24 Adams/Milner CARRIED

HJC Agenda - 13-05-21

RESOLVED THAT the public be re-admitted to the meeting and that the business in committee discussed be confirmed HJC20/26 Milner/Adams CARRIED CONFIRMED P A Milner Chairperson 10 May 2021

HJC Agenda - 13-05-21 Page 12

Although the effects of part of the application can be adequately mitigated (earthworks), as the aspects of the activity are intrinsically linked and cannot be operated effectively, one without the other, it is impossible to separate these activities and approve one part without the other. On this basis, it is my opinion that the proposal in its entirety, as presented, cannot be considered to give effect to the purpose of the Act and that the application should be refused. In doing this I consider it is necessary to balance the adverse effects on amenity, landscape and traffic and the associated inconsistencies with relevant policies and objectives against the positive benefits arising from the application. The effects on productive land will be largely insignificant in relation to earthworks, considering the site is able to be returned to rural use should the tunnel houses be removed in the future. Amenity effects, including noise, rural character and traffic effects will likely be minor to moderate for nearby residents and more than minor for Waihi Beach Road, particularly in regard to the proposed carpark location and potential amenity, noise and dust issues but will not be significant in the wider environment. These adverse effects must then be balanced against the positive effects associated with employment opportunities provided by the proposal. In the event that amenity, rural character, noise and traffic effects are able to be resolved, or it is the view of the Committee that conditions are sufficient to address matters relating to these effects, it is my opinion that the purpose of the Act is better served through the granting of the consent. Consequently if the Committee are of a mind to grant consent, it is acknowledged that additional collaboration will be required to draft appropriate conditions of consent to cover all aspects of the proposed activity.


1 The identified zone development standards and rules are used as a guide only in relation to the consideration of any Discretionary Activity. See activity status discussion within the report below.


The applicant’s agent has advised that staggered harvesting times mean that

carparks will be sufficient to service the activity.


A summary of the key dates and process matters for this application are included in the table below:


Pursuant to s A to F of the Act, the proposal has been assessed with regards to notification. A copy of the notification report is attached as Appendix E. The application was limited notified in accordance with section B to the following parties:


Matters raised in the submissions are addressed throughout the assessment of environmental effects and statutory document assessment, later in this report.

DP / DE / Affected Party

Issue Reason Mitigation (Through Recommended Condition)

HDC DP ( . . . (a i)) with reference to HDC Engineering Manual

Sightlines for km/Hr Zone

Safety Required Sight distance for km/hr is m. Available sight distance is m, The proposed position is deemed to be safe in view of low speed environment. (As per TIA by “Direction Traffic Design Ltd”. The DE has also tested the speed environment and found it to be between km/hr –

km/hr which requires a sight Distance of -

m. With an actual sight distance of approx.

m the sight distance is deemed adequate for the speed environment.

HDC DP ( . . . (b ii)) with reference to HDC Engineering Manual

Separation of access from Intersection

km/hr zone

Safety Required for a km/hr speed environment -

m. Actual proposed separation distance is

m therefore, complies.

HDC DP ( . . . (b iii)) with reference to HDC Engineering Manual

Separation of access between vehicle crossings km/hr zone

Safety Required for km/hr zone - m. The actual separation distance to the nearest entrance is approx. m. Given that the actual speed environment is closer to km/hr the separation required would be m.


A min separation distance of m would therefore be considered acceptable.

Geraldine Jaques and John McCowatt

Waihi Beach Road

Access from Waihi Beach Road will see increase in traffic.

Safety Issue Condition: . That the access from

Waihi Beach Road be closed to staff and delivery vehicles and only for use by the owner

Geraldine Jaques and John McCowatt

Waihi Beach Road

Unsealed car park will create dust layer on roof.

Roof is used for rainwater collection.

Condition: . That the carpark be

metalled with low fines dust free metal

. Review condition that the carpark be sealed if dust is an issue

Paul & Tanya McCowatt Waihi Beach Road

Traffic will back-up from the intersection of Waihi Beach Road/Trig Rd South to the new access.

Safety Issue Condition: . That the new access is

constructed to Diagram D (Transit Planning Policy Manual) to allow smooth access/exit.

. That the road carriageway be widened from m to m as per the TIA recommendation

. Review condition that shoulder widening of

. m from the intersection to the entrance is required if traffic backing up is an issue.

Table : Recommended Engineering Conditions in relation to the application and Submissions


Although in my opinion the effects of the utility shed and in particular the car park activity cannot be sufficiently alleviated to a level that avoids, remedies or mitigates effects, should the Hearing Committee choose to grant consent


given that the actual speed environment is closer to km/hr the separation required would be m. A min separation distance of m would therefore be considered acceptable with the proposed

road widening and Class D vehicle crossing.


amended noise report only assessed forklift and cool room activities as part of processing building. Other noises and noisy activities are likely in and around the utility area and these may occur prior to am depending on the likelihood of shift work, picking and packing schedules and associated vehicle and HCV movements.


The following paragraphs address those matters which are considered to be of particular importance in making a broad overall judgement as to the application’s alignment with the sustainable management purpose of the Act.

The Landscape assessment provided with the application and as part of further information requests has concluded that the property at Waihi Beach Road would be subject to visual effects less than minor. However, there would be short-term visual effects more than minor (low-moderate) on Waihi Beach Road prior to mitigation planting becoming effective.

RECOMMENDATION Therefore, although the effects of part of the application can be adequately mitigated (earthworks), as the aspects of the activity are intrinsically linked and cannot be operated effectively, one without the other, it is impossible to separate these activities and approve one part without the other. Essentially the earthworks are required for the tunnel house activity. On this basis, it is my opinion that the proposal in its entirety, as presented, cannot be considered to give effect to the purpose of the Act and that the application should be refused. In doing this I consider it is necessary to balance the adverse effects on amenity, landscape and traffic and the associated inconsistencies with relevant policies and objectives against the positive benefits arising from the application.


The effects on productive land will be largely insignificant in relation to earthworks and the construction of the tunnel houses, considering the site is able to be returned to rural use should the tunnel houses be removed in the future. Amenity effects, including noise, rural character and traffic effects will likely be minor to moderate for nearby residents and more than minor for Waihi Beach Road, but will not be significant in the wider environment. These adverse effects must then be balanced against the positive effects associated with employment opportunities provided by the proposal. In the event that amenity, noise and traffic effects are able to be resolved in relation to the location of the utility area and in particular the carpark on Waihi Beach Road, or it is the view of the Committee that conditions are sufficient to address matters relating to these effects, it is my opinion that the purpose of the Act is better served through the granting of the consent. Consequently if the Committee are of a mind to grant consent, it is acknowledged that additional collaboration will be required to draft appropriate conditions of consent to cover all aspects of the proposed activity. This will need to include management plans in relation to traffic and noise.


Report

To: Mary Muller

From: Eugene Kroukam - Development Engineer

Date: 15 April 2021

File reference: LUSE-202.2020.00001276.001 Magiq # TBD

Subject: Engineering Report – LUSE Horticulture Greenhouse Development & Earthworks for Protective Cropping at 232 Trig Road South, Waihi

This RC application is for a Horticulture Greenhouse Development & Earthworks for Protective Cropping at 232 Trig Road South, Waihi. Cheal Consultants Ltd has submitted to Council a hydroponic horticultural greenhouse development proposal, on Lot 3 DP 442591 at 232Trig Rd South Waihi, requesting permission to cultivate vegetative matter. Lot 3 DP 442591 is an operational dairy Farm of 60.135 ha. The proposed greenhouse site coverage when fully developed based on drawing# 200085-LU003 A is: • 8 x 100m x 200m green houses • 4 x 100 x 270m greenhouses. • Total greenhouse coverage is 26.8ha The applicant proposes a 3 staged development for the construction of these proposed green houses. Stage details, as per drawing no 200085-LU003 B, are: • Stage 1: 4 x 100m x 200m greenhouses located to the north west • Stage 2: 2 x 100m x 200m + 2 x 100m x 270m greenhouses located to the north east • Stage 3: 2 x 100m x 200m + 2 x 100m x 270m greenhouses located to the south The applicant proposes in stage 1 to construct a pack house, which includes an office, cool stores and storage other supporting buildings including onsite parking. The construction of the stage 1 works will take 2 years to complete.


Appendix A

ENGINEERING ASSESSMENT Earthworks (7.8.5.1) The applicant has stated that only minor earthworks for the construction of utility area buildings may be required. Access (8.4.4.3)

a) Waihi Beach Road Access

The proposed site is currently serviced from Waihi Beach Rd via the existing shared dairy tanker and existing farm dwelling at 290 Waihi Beach Rd. The existing entrance separation is not compliant at this existing access. There are other existing adjacent entrances close by servicing the existing boat shed storage facility (2 entrances). The non-complying entrance separation along Waihi Beach Rd is a problem in terms of safety as Council classifies Waihi Beach Rd as a high volume and high speed arterial road. The applicant proposes retaining the existing combined access servicing the existing dwelling at 290 Waihi Beach Rd and the tanker access to the existing farm. This access currently meets the minimum requirements of rural right of way servicing 2 to 3 Lots. The applicant has stated no staff or delivery vehicles shall use this access. Council’s Transport Manager does not support vehicles generated by this activity using this access due to the existing separation issues as stated above.

b) Trig Road South South Proposed New Access The applicant proposed to construct a new access proposed access to this development along Trig Rd South approximately 120m south of Waihi Beach Rd. The Required Sight distance for 100km/hr speed environment is 200m. The available sight distance to the South is 140m, The proposed position is deemed to be safe in view of low speed environment. (As per TIA by “Direction Traffic Design Ltd” The DE has also tested the speed environment and found it to be between 60km/hr – 70km/hr which requires a sight Distance of 115-140m. With an actual sight distance of approx. 140m the sight distance is deemed adequate for the speed environment. The available Site Distance to the North is to the Intersection of Trig Road South and Waihi Beach Road. This activity will not be open to the public for direct sales. The access junction form/ treatment proposed is based:

on a directional split of vehicles along Trig Rd South being 90% from Waihi Beach Rd and 10% from the south 109 vehicles per day generated by staff and 4 HCV movements per day at stage 1 218 vehicles per day generated by staff and 8 HCV movements per day fully developed at stage 3 Peak hour vehicle movement generated by this access is 98 vph when fully developed The current adt along Trig Rd South from Council’s RAMM Database is 138 vpd with 6% HCV content.


The applicant proposes the following entrance treatment:

A 6m nominal internal access width An 18m radius on the northern side of the entrance linking the access to the road. This larger radius provides sufficient tracking for the larger trucks servicing this development. A 1 in 10 taper has been included to ease turning movement for truck entering this entrance The proposed R=9m radius on the south side of the new entrance does not provide sufficient pavement area for trucks entering this entrance or exiting this entrance from the south.do not have access from the south. The applicant has stated all HCV servicing this activity shall be redirected to enter or leave this development via Waihi Beach Rd to the north using appropriate signage. That the existing available sight distance to the south from this entrance is 120m however the minimum sight distance based on the approach speed to this entrance is 140m The existing entrance servicing the existing dwelling immediately south of the new entrance shall be permanently closed. The access to this dwelling is re-routed to connect into the existing internal access servicing this proposed activity.

The applicant has stated the 120m section of Trig Rd South from Waihi Beach Rd to the new entrance be widened from 5m to 6m. The applicant proposes a financial contribution be paid to Council based on the additional traffic generated by this activity. The applicant share of this road upgrade is:

Pavement widening with a granular overlay strengthening of the existing 5m sealed pavement. The cost share funding proposed is based on 60% paid by NZTA and the remaining 40% shared proportionally between Council and the applicant.

The applicant has provided crash assessments for the following intersections to determine the affects at these intersections generated by the additional traffic servicing this activity.

Waihi Beach Rd/ Trig Rd South Waihi Beach Rd / SH 2 Trig Rd South/ SH2

The applicant has stated:

The existing intersection right turn bays on Waihi Beach Rd is sufficient to accommodate the additional traffic. It is also noted Council has installed additional signage along Waihi Beach Rd to improve the traffic safety along this arterial road. The recent safer roads upgrade treatments of SH 2 have provided improved intersection safety at the existing 2 SH 2 junctions.

Council’s Access Assessment a) Existing ROW Treatment at 290 Waihi Beach Rd The proposed access treatment shall construct the minimum entrance requirements based on the activity fully developed (i.e. at stage 3) The existing ROW accessed from Waihi Beach Rd is located on a high-speed high volume arterial classified road.


The proposed internal car park servicing development is located at the southern end of this existing ROW. It is likely many of the staff and others from Waihi beach would access this activity via this existing ROW There are likely to potential safety concerns associated with widespread use of this ROW by the staff and others. Recommendation:

That the southern end of this existing ROW be gated permanently gated plus appropriate signage to direct staff and others to access this activity via Trig Rd South entrance. That Council includes a review condition assessing vehicle use along this ROW. If the staff and other vehicles are using this ROW as a short cut from a Waihi Beach direction then the proposed gated access shall be semi permanently closed off (padlocked)

b) Proposed Access Design along Trig Rd South 120m from Waihi Beach Rd The applicant proposes, based on a 90% /10% traffic split along Trig Rd South for all HCV’s to access this activity from the Waihi Beach Rd north direction. And, based on this the proposed access junction is designed to accommodate HCV tracking for the north side only. It could be argued this HCV split may not be correct due to the port and rail links located to the south at Tauranga. The applicant intersection treatment at this proposed access has adopted a 90% traffic split where these drivers access this entrance via Waihi Beach Rd. Based on this the intersection widening provision is only required on the northern side of this entrance. However, Council’s considers it is likely more than 10% freight trucks and cars travel to this activity from south (Tauranga direction) and not via Waihi Beach Rd. If a greater number of vehicles approach this development from the south then pavement widening is likely to be required on the southern side of this access to accommodate HCV tracking. Council would prefer to adopt the NZTA access treatment as detailed in Transit Planning Policy Manual Version 1, manual No: SP/M/001 August 2007. A diagram E entrance standard is based on:

More than one slow HCV access via this entrance per day More than 31 to 100 vehicles per day via this entrance. A vehicle counts of around 10,000 vpd

Trig Rd South is a low volume local road with a daily vehicle count of 138vpd. The fully developed activity at once the stage 3 development is completed generates an additional 226 vpd. This equates to a total traffic volume, using the applicant’s vehicle 90/ 10 split, to:

341vpd north of this proposed development 161vpd south of this proposed development

Council recognises the proposed diagram E entrance treatment is not appropriate due to the low traffic volumes post development (364vpd) along this section of Trig Rd South. A diagram D entrance standard is more appropriate due to the predicted low volumes along Trig Rd South. This entrance form allows for HCV tracking for vehicles in both directs servicing this activity. The applicant has identified the entrance sight distance to the south along Trig Rd South is non-compliant based on a 70km/h approach speed. Table 3.4 HDC Engineering Manual 2020 Version 1 states the minimum entrance sight distance is 120m for <40vpd via this entrance and 140m for >40vpd. The 120m sight distance is acceptable based on the drivers eye position can safely shift towards or slightly into the existing southbound lane to check for oncoming vehicle on the northbound lane.


Based on the above no sight distance measures are required by Council at this proposed entrance. Recommendation:

That the intersection junction form at the proposed entrance to this activity from Trig Rd South be in accordance with a Diagram D entrance standard as detailed in Transit Planning Policy Manual version 1, manual No: SP/M/001 August 2007. That applicant shall all costs for this entrance construction That the applicant provides a financial contribution for the second coat sealing of the new entrance no longer than 12 months after the entrance construction. The applicant can alternatively complete this 2nd coat sealing at their cost

c) Trig Rd South Upgrade The applicant proposes to widen Trig Rd South, an additional 1m width, from 5m to 6m, between the proposed entrance to this development and Waihi Beach Rd, a distance of 120m. Council’s RAMM database does not provide pavement age details however the next reseal is due in 2022. The visually assessment of the existing pavement shows wheel track flushing but no pavement distress. The pavement structure appears to be sound. The future traffic volume along this existing 120m section of Trig Rd south between Waihi Beach Rd and this new entrance using the applicant’s vehicle split increases from 138 vpd to 341 vpd when this activity is fully developed – this being a 250% increase in traffic. Council has not programmed pavement rehabilitation along this section of Trig Rd South in the next 10 years. The proposed pavement rehabilitation by the applicant is not justified. However the road widening of this 120m length of Trig Rd South is justified. Section 7.10.5 (4) (b) of the operative District Plan provides the cost share calculation methodology to determine the applicant share to fund these widening works. The funding ratio is based on: Additional traffic generated by the activity Additional traffic generated by the activity + existing traffic This equates to 226/ (226+138) = 62% of the total works cost Based on a rate of $135/lineal m for pavement widening: Council’s funding = $135 x 120m x 38% = $6,156+GST The applicants cost = $135 x 120m x 62% = $10,044+GST Total Cost = $16,200+GST Note: The pavement rate is based on earthworks 2.5m wide x 0.4m depth, 100mm depth basecourse, 300mm sub basecourse, 1.2m wide two coat seal, 5% preconstruction costs and 25% contingencies/ professional fees. The applicant is also required to pay their share of the 2nd coat seal pavement waterproofing 12 month after the completion of the proposed widening works. Based on including the 2nd coat seal in Council’s cyclic reseal contract the 2nd coat seal rate is approximately $10/m2 the applicant cost contribution is in the order of: 120m x 1.2m width x $10/m2 x 62% = $893+GST


Recommendation

That Trig Rd South be widened from 5m to 6m for a length of 120m, from Waihi Beach Rd to the proposed entrance to this development That the applicant pays a financial contribution based on their 62% share of widening costs, this being $10,044+GST That the applicant pays a financial contribution based on their 62% share of the 2nd coat seal costs programmed 12 months after the completion of the pavement widening, this being $893+GST

Intersection Separation (8.4.3.3) The requirement for the separation distance to an intersection for a 100km/hr speed environment is 60m. The actual proposed separation distance is 120m therefore the proposed access position in Trig Road South complies. Separation between Vehicle Crossings (8.4.3.3) The required separation between vehicle crossings for a for 100km/hr zone is 90m, The actual separation distance to the nearest entrance is approx. 60m and is therefore non-compliant Given that the actual speed environment is closer to 70km/hr the separation required would be 40m. A min separation distance of 40m would therefore be considered acceptable. Number/Location of Parking Spaces (8.4.3.1) The applicant has indicated that initially 60 staff with 83 vehicles per day will be entering and leaving the site leading up to a maximum compliment of 120 staff at full development. 89 Carparks are to be provided which the applicant has indicated is sufficient to accommodate the no. of vehicles expected on site. The proposed car parking area is adjacent to the dwelling at 290 Waihi Beach Road. There is a concern from the residents that dust from the carpark will collect on the roof which is used for rainwater collection and will also cover pasture and growing areas. It is therefore recommended that the carpark be metalled with low fines dust free metal. It is further recommended that a review condition be included that should the dust from the carpark be an issue then the carpark be sealed. In order to restrict after-hours access to the car park by non-employees / delivery vehicles it is recommended that entrance control from Trig Road South be implemented by the applicant, but that the control does not restrict traffic during peak periods causing backlogs onto Trig Road South. Number and Location of Loading/Drop off Spaces (8.4.2) There is sufficient space on the site for loading to be undertaken on the within the site. One loading space is to be provided for an 18m HCV and an additional light vehicle loading space is to be provided in the site carpark. Water (8.5.3.3) The applicant has proposed 2 water sources and storage.


The main water source is rainfall to be captured and detained in ponds for use as plant irrigation. Ponds may be topped up with bore water from a newly established bore during periods of low rainfall. The secondary water source is rainfall to be collected from the utility area and packing shed is to be detained in tanks for domestic use. Wastewater (8.5.1.3) The applicant has indicated that all wastewater is to be managed onsite through septic tanks and effluent disposal fields in accordance with the Cheal preliminary geotechnical desktop assessment report. There is no wastewater mitigation requirement from the greenhouses identified. Stormwater Drainage (8.5.4.3) The proposed management of stormwater is via detention and attenuation in ponds to be located on the site and through the use of water and redirection to onsite drains and natural water courses. A detailed stormwater report has been prepared by Agriculture Business Associates which is summarized as: “The stormwater detention pond from an 8ha block of tunnel housing eliminates all storm water discharge to surface water for a 1 hour, 1 in 10year event plus 30%, which is a natural state equivalent of a 1 in 30yr event. This compares with the natural state prediction of 22mm of surface runoff or 1,900m3, which will now not contribute to the loading on the Waihi Beach Rd Culvert and will more than offset any stormwater loading from new service buildings and car parking areas. As the complex develops to its full capacity this storm water reduction will continue in proportion to the total area under cover.” ENGINEERING CONDITIONS:

Should the Hearing Commissioners choose to grant approval to the resource consent application, conditions will need to be further addressed in consultation with Council staff

Eugene Kroukam Development Engineer Attachments: Plan


HJC Agenda - 13-05-21 Page 55Appendix B - PART 1

Protective Cropping Limited 232 Trig Road South, Waihi - Horticultural Greenhouse Development Application for Land Use Resource Consent 200085AP1 3 September 2020


Protective Cropping Limited 232 Trig Road South, Waihi – Horticultural Greenhouse Development Application for Resource Consent under Section 88 of Resource Management Act 1991 for Land Use Prepared by: Philip Barrett Planning Team Manager Reviewed and Approved for Release by:

Dave McCracken

Regional Manager Date: 3 September 2020 Reference: 200085 Status: Final

This document supersedes all previous issues and is the property of Cheal Consultants Limited. Any unauthorised employment or reproduction, in full or part is forbidden. This document has been prepared for a specific purpose for the above client and shall not be used for any other unauthorised purpose. Cheal Consultants Limited does not acknowledge any duty of care or responsibility to any other party. © Cheal Consultants Limited


3 /39 Protective Cropping Limited | 232 Trig Road South, Waihi – Horticultural Greenhouse Development

Application for Land Use Resource Consent | 200085 | Prepared by Cheal Consultants Limited | 3 September 2020

TABLE OF CONTENTS

1. INTRODUCTION .................................................................................................................. 62. SITE DESCRIPTION ............................................................................................................... 63. DESCRIPTION OF PROPOSAL ............................................................................................. 9

3.1. Land Use Details .................................................................................................................................... 9

3.1.1. Greenhouses .............................................................................................................................................. 9

3.1.2. Utility Area ................................................................................................................................................... 9

3.1.3. Produce Grown .........................................................................................................................................10

3.1.4. Operating Hours ........................................................................................................................................10

3.1.5. Horticultural Sequence .............................................................................................................................10

3.1.6. Vehicle Movement ...................................................................................................................................10

3.2. Water .................................................................................................................................................... 11

3.2.1. Greenhouses .............................................................................................................................................11

3.2.2. Packing/Chiller Shed ................................................................................................................................11

3.3. Effluent Disposal ................................................................................................................................... 113.4. Stormwater ........................................................................................................................................... 113.5. Power and Telephone ........................................................................................................................ 123.6. Access and Vehicle Crossings ........................................................................................................... 123.7. Earthworks ............................................................................................................................................ 123.8. Signs and Lighting ................................................................................................................................ 133.9. Waikato Regional Council Drainage ................................................................................................ 133.10. Culture & Heritage .............................................................................................................................. 143.11. RMA Section 106 .................................................................................................................................. 15

3.11.1.Site Suitability .............................................................................................................................................15

4. STATUTORY CONSIDERATIONS ........................................................................................ 164.1. Resource Management Act 1991 ..................................................................................................... 16

4.1.1. Matters of non-compliance with the relevant performance standards are as follows: ....................17

4.2. National Policy Statement .................................................................................................................. 174.3. National Environmental Standards ................................................................................................... 18

5. DISTRICT PLAN REQUIREMENTS ........................................................................................ 216. CONSULTATION ................................................................................................................ 227. ASSESSMENT OF ENVIRONMENTAL EFFECTS ................................................................... 25

7.1. General Assessment ............................................................................................................................ 257.2. Permitted Baseline ............................................................................................................................... 257.3. Reverse Sensitivity ................................................................................................................................ 267.4. Traffic Effects ........................................................................................................................................ 267.5. Earthworks Effects ................................................................................................................................ 27




7.6. Rural Character and Amenity ........................................................................................................... 287.7. Positive Effects ..................................................................................................................................... 297.8. Summary ............................................................................................................................................... 297.9. Performance Standards Non-Compliance ...................................................................................... 297.10. ASSESSMENT CRITERIA FOR RESTRICTED DISCRETIONARY AND DISCRETIONARY ACTIVITIES ........ 30

8. RELEVANT POLICIES AND OBJECTIVES ............................................................................ 328.1. Rural Zone ............................................................................................................................................. 328.2. EXCAVATIONS AND PLACEMENT OF FILL (EARTHWORKS) ............................................................... 348.3. Summary ............................................................................................................................................... 34

9. SECTION 104 CONSIDERATIONS ..................................................................................... 3510. SECTION 95 ASSESSMENT................................................................................................. 35

10.1. 95A Public Notification of Consent Applications ............................................................................ 3510.2. 95B Limited Notification of Consent Applications ........................................................................... 37

11. RMA PART II ...................................................................................................................... 3812. CONCLUSION ................................................................................................................... 39

Appendices -

1. Record of Title 552263 2. Greenhouse Specifications 3. Direction Traffic Design Limited Traffic Assessment / NZTA consult letter 4. Stormwater Management Report 5. Cheal Preliminary Geotechnical Assessment Report 6. Landscape Assessment Report 7. Waikato Regional Council HAIL Report 8. Land Use Application Plans 9. District Plan Assessment Tables 10. Consultation Package/Affected Party Approvals 11. Earthworks Depth Contour Plan




APPLICATION DETAILS Consent Authority: Hauraki District Council The Applicant: Protective Cropping Limited Address for Service: Cheal Consultants Limited, PO Box 41, Waikato Mail Centre,

Hamilton 3240 Address for Invoice: PO Box 214 Waihi

Site Details: Street Address 232 Trig Road South, Waihi – Horticultural Development Legal Description Lot 3 DP 442591 Record of Title 552263 Area 60.1350ha Zoning Rural

Activity for which Consent is sought: Discretionary land use resource consent is sought pursuant to Rule 5.1.4.4 D16 to establish a horticultural greenhouse development on the subject site Lot 3 DP 442591. This land use is defined in the Hauraki District Plan as Intensive Outdoor Farming being specifically defined as vegetative matter grown in greenhouses. In support of the greenhouse production, a utility area is proposed that will contain a packing/chiller shed structure and assorted support/ancillary buildings. Water storage ponds will be required to capture and detain stormwater for plant production. The activity will require a new commercial standard crossing off Trig Road South located as shown on the land use plans. Vehicles used to transport plants, supplies, packaging and fertiliser to the site and harvested product off site will gain secured ingress and egress off Trig Road South and will enter the support/ancillary building area to unload or load prior to exiting the site via the same crossing. Staff vehicles will also access the site and proposed parking area from this crossing.




1. INTRODUCTION

Resource consent is sought to construct hydroponic horticultural greenhouses and support ancillary buildings located as shown on the land use application plans and constructed as per the tunnel specifications provided in Appendix 2. At full development approximately 28.1ha will be covered by greenhouses. Construction will be staged over 6-7 years (3 stages). Captured and detained stormwater will be used to grow produce supplemented by ground water during dry periods. Overflow, if any, during rainstorm events is to be discharged from the site to the north and existing 300mm and 375mm culverts under Waihi Beach Road and also to the south and west via existing onsite boundary drain that directs water to a natural gully system. Of the identified affected parties only two have not provided written approval, noting however that the effects on these adjoining neighbours have been avoided or mitigated to less than minor effects and therefore the application can be processed on a non-notified basis. In accordance with Section 88 of the Resource Management Act 1991 (RMA) the following report provides a site description, description of the proposal, consideration of the relevant rules and standards, assessment of environmental effects and consideration of the relevant objectives and policies of the relevant plans. Lastly the proposal is assessed against Part 2 of the RMA. Supporting documents are appended in this report. Resource consents will be separately obtained from the Waikato Regional Council. These consents include bore testing and installation; water take and water use. Discharge of water is permitted pursuant to Waikato Regional Plan Rule 3.5.4.4 Discharges of Water to Water General Rule. The water discharged will be confined to uncontaminated excess rainwater not able to be stored or used on site. Proposed earthwork is to be undertaken pursuant to the Waikato Regional Plan Rule 5.1.4.11 Waikato Regional Plan Rule 3.5.4.4 Permitted Activity Rule – Soil Disturbance, Roading and Tracking and Vegetation Clearance and subject to associated permitted activity standard and terms in Section 5.1.5 of the Regional Plan.

2. SITE DESCRIPTION

The site subject to this proposal is located at 232 Trig Road South, Waihi. The site is identified in Image 1 below. The land was previously used for dairying prior to purchase by the applicant so contains structures associated with dairy production along with various farm sheds. Some of these sheds are to be demolished and removed from the site. Building removals and building retention are specified on the application plan. The site is currently serviced by two existing water bores. A third test bore site is now located on site to provide a ground water resource during dry periods. All ground water sources are located as shown on Land Use Plan 200085-LU005 Rev B.




Image 1 – Site Location (Source: GRIP Map)

There are two main catchments on the site being north and south (See Image 2 below). These are divided again based on discharge points as below: • North catchment consists of two areas that discharge to the two separate culvert points on

Waihi Beach Road North east catchment is 21.60ha and discharges to the 300mmø culvert near #334 Waihi Beach Road North west catchment is 16.13ha and discharges to the combination 375mmø and 300mmø culverts approximately 220m northwest of the other culvert on Waihi Beach Road South catchment is defined by the gully system and has three sub-catchments: o Gully 1 – The main gully channel that runs through the southern site – area of 10.82ha o Gully 2 – The middle gully to be filled in at stage 3 – area of 6.19ha o Gully 3 – South west drain catchment and minor gully – area of 3.62ha




Image 2 – Site Catchments

Surrounding Environment The surrounding area is predominantly characterised by rural properties utilised for dairy and or grazing purposes (Image 3). To the north west and diagonally opposite road corner boundary there is a kiwi fruit production site part of which, approximately 3.2ha, is under netting cover with road boundary trimmed shelter belt.

Image 3 – Aerial of Surrounding Environment (Source: Google Maps)




The parent Record of Title is subject to the following Interests.

Subject to Section 315 Land Act 1924 Saving and excepting all minerals within the meaning of the Land Act 1924 on or under the said land Appurtenant right of way specified in Easement Certificate B554842.6 Right of way, right to drain sewage, right to transmit electricity and a right to transmit telecommunications specified in Easement Certificate B554842.6 Subject to a right to convey electricity, telecommunications and computer media created by Easement Instrument 8820581.5 Subject to a telecommunication right (in gross) in favour of (now) Chorus New Zealand Limited created by Transfer B492411.1

These all shown on the land use plans and will remain. None have any adverse effect on the proposal.

3. DESCRIPTION OF PROPOSAL

3.1. Land Use Details

3.1.1. Greenhouses

It is proposed to develop approximately 28.1ha of greenhouses in three stages over 6 – 7 years. Each stage will result in 8.0ha of steel framed double polyethylene film covered greenhouses typically arranged into two adjoining 200m x 100m x 6.5m high greenhouses result in a 200m x 200m formation with some variation. Stage 2 and 3 greenhouses will be of a greater length between 230m and 280m. Land in Stages 2 and 3 has been leased and will remain in dairy production until development of these stages. The majority of the external boundary will be screened planted with Cryptomeria (Japanese Cedar) to a maximum height of 6.0m and trimmed to a width of 2.0m. Internally and between greenhouses will be hedgerows of Sheoak (Casuarina).

3.1.2. Utility Area

It is proposed in stages to construct the packing/chiller shed buildings as and when necessary to support the staged greenhouse development. Utility area building site plans and elevations are contained in Appendix 8. LU Plan 20085-LU005 Rev B indicates existing buildings to be retained and additional ancillary structures proposed. The existing dwelling on site is to be retained. No changes are proposed to this dwelling other than a change of access. There is a second dwelling contained in adjoining allotment Lot 2 DP 442591. This lot is owned by the applicant. A new internal and road access is to be constructed enabling circulation of the packing/chiller shed and to provide access to the car park area and existing internal farm track that is to be retained.




3.1.3. Produce Grown

The proposed development is defined in the Hauraki District Plan as Intensive Outdoor Farming being specifically defined as vegetative matter grown in greenhouses. Within the greenhouses stone fruit, berry fruit and subtropical varieties are to be hydroponically grown either in above-ground trays or in planter bags in trays. The plants are watered (irrigated) in a closed system so that water is re-cycled and any loss or uptake of water/nutrient is introduced to maintain plant growth. No vegetative matter is to be grown in the ground itself that may otherwise fall within the farming definition. The greenhouse is an extremely controlled environment and, once running as intended, requires minimal pesticides or insecticides to be applied to the crops. The fruit and berry yield from these plants can be grown in a way that is certified organic and produces up to three times the expected harvest from traditional horticultural methods.

3.1.4. Operating Hours

Proposed operating hours may require dawn to dusk operation during the year but will vary. However, the majority of the harvest is done over six hours i.e., 7.00am to1.30pm. Dispatch and other work are completed by circa 4.pm to ensure product is delivered to market in the same day.

3.1.5. Horticultural Sequence

Nursery plants are introduced from an external source and transported to the site. Young plants are temporarily stored in the identified nursery areas to then be planted out in the greenhouses. Irrigation is supplied to each plant and grown to maturity. Harvested produce from each greenhouse is transported to the packing shed where it is sorted, boxed and placed in chillers until removed to market.

3.1.6. Vehicle Movement

An 8.0ha productive Stage 1 is expected to require up to 60 staff at maximum and approximately 83 vehicles per day entering and exiting the site. At full development (28.1ha) there is not an exponential increase in staff. The various crop harvests occur at different times for varying lengths of time resulting in differing staff levels. The maximum peak staff at any one time is not expected to exceed 120 staff at full development. Fully developed and considering shared staff vehicle use, approximately 172 vehicles per day is expected that includes staff, visitors and heavy commercial vehicle (HCV) trips. Eighty-nine (89) carparks are to be provided which is sufficient to support the estimated vehicles required to park on site. Additional parks will be provided if, and when required. The majority of vehicle movement will be staff coming to and from work with peak hours between 7.00–8.00am and 1.30pm to 4.00pm. Nursery plants delivery and harvested product going off site and packaging delivery is expected to generate eight (8) HCV movements per day. At various intervals, and no more than once a week, packaging is delivered by a truck and trailer unit. At less intervals there will be deliveries of miscellaneous goods and services required to maintain and operate the site e.g. fertiliser. Appendix 3 contains a Transportation Impact Assessment prepared by Direction Traffic Design Limited. This report concludes the proposed horticultural development is not expected to have any significant adverse effects subject to adopting the report recommendations (conditions). The seven (7) recommendations are acceptable to the applicant and expect they will translate to consent conditions.




3.2. Water

3.2.1. Greenhouses

The main water source is rainfall (stormwater) captured and detained in ponds to be located as shown on the land use application plans plus an additional storage pond if required. The additional pond will only be required once plant water uptake at full capacity is known. Ponds will be constructed with each stage of development. Given rainfall data over the last 20 years, the rainfall storage will meet more than 90% of the development’s irrigation requirements. Stage 1 pond can store 15,000m³ which is sufficient to irrigate 8.0ha for 60-80 days. Stage 2 pond will be enlarged i.e., increased proportionate to the increased covered area of 10.4ha (an additional 2.4ha or 23%). Stage 3 pond(s) location are yet to be confirmed albeit the ABA stormwater report (Appendix 4) indicates these to be in the gully system. The application plans do not indicate the location of Stage 3 ponds. This is because potentially a pond located adjacent Waihi Beach Road between Stage 1 and Stage 2 may be constructed. This pond will only be constructed if necessary, and only once full production and water use is well established. When necessary in dry periods, the pond water supply is to topped-up with bore water from the newly established ground water bore. 3.2.2. Packing/Chiller Shed

The utility area and packing shed stormwater is collected and treated separately from water used for plant growth. Utility area stormwater is to be detained in appropriately sized tanks and utilised internally with any excess being discharged to ground pursuant to the recommendations of the Cheal preliminary geotechnical report contained in Appendix 5.

3.3. Effluent Disposal

The proposed packing shed will contain staff ablutions. Wastewater is to be managed onsite via septic tanks and effluent disposal fields recommended suitable by the Cheal preliminary geotechnical desktop assessment report.

3.4. Stormwater

Section 4.2 GENERAL of the Hauraki District Council Engineering Manual states that An arrangement for disposal of stormwater must be made for each lot created by subdivision, by soakage, detention or stormwater reticulation system. The manner of disposal shall not have adverse effect on ground water or cause disturbance to any river, lake, wetland or surrounding areas. Percolation tests may be required to determine the suitability of soils for establishment of a soakage system. Stormwater flow attenuation may be necessary on some developments, generally by detention of stormwater runoff, designed to meet water quantity and/or quality goals. The same environmental outcome and general management of stormwater is similarly necessary for land use consent. The proposed management of stormwater from this development is via detention and attenuation; use of water and discharge to ground via the newly established bore; existing or redirected onsite drains to natural water courses.




Stormwater management design is contained in Appendix 4 prepared by Agriculture Business Associates. The design required for Stage 1 will be repeated for the following Stage 2 and 3. Ponds are to be constructed, one for both Stage 1 and Stage 2. Stage 3 will likely utilise a proposed pond location described in Section 3.2.1 above. For example, at Stage 1 a stormwater pond adjacent the greenhouses will collect and detain (store) water from the greenhouse covered areas. The pond will be ‘wet’, meaning it is not expected the pond will be at any time dry since water is required for plant growth all year round. A deep ground water bore will supplement water at times of low rainfall. A 0.5m freeboard is provided so that any overflow is reduced. However, there will be a controlled overflow mechanism discharging to existing or redirected drains. Water from the greenhouse stormwater ponds will be delivered to (existing and/or future) storage tanks located in the utility area. From here water is released in controlled volumes to the greenhouses at which time plant nutrients are added and reticulated to each plant via irrigation lines. A small proportion of water not used by plants is recaptured in trays and returned into the closed-circuit irrigation system to be used again.

Utility area stormwater is to be captured and managed separately as per the recommendations of the Cheal preliminary geotechnical report contained in Appendix 5.

3.5. Power and Telephone

The site is already connected to power and telecommunication. It is expected that an improved power capacity will be required onsite and is to be discussed with the utility operator.

3.6. Access and Vehicle Crossings

The existing vehicle crossing to and from Waihi Beach Road is to be retained since this crossing provides legal and physical access to the dwelling contained in adjacent Lot 1 DPS 84502.

A new commercial crossing is proposed directly off Trig Road South to service the site. All vehicles are directed to this security gated ingress and egress. The traffic assessment prepared by Direction Traffic Design Limited (Appendix 3) concludes the Trig Road South crossing is suitable for the intended purpose subject to recommendations/conditions that are acceptable to the applicant.

3.7. Earthworks

District Plan rural zone rule 7.8.5.1(2) (2) provides for the excavation and movement of up to 4,000m³ in any 12-month period as a permitted activity. Although the land is near level, shallow earthworks will be required to create a 0.5% fall within the greenhouse footprint to establish a water flow and the finished greenhouse platform levels. Scrapers drawn by tractors will be used to shift topsoil around the footprint until the desired fall and final platform level is reached. Site levelling will use topsoil and subgrade material onsite and this will not be compacted to a standard. Compaction is obtained only by wheel rolling with the tractor and landplane.




It is not anticipated that a significant dust nuisance will result due to the moist peat soil type and expected timing of earthworks in winter/spring conditions. However, if development timing requires dry weather earthwork, appropriate soil management practices will be followed. Sediment control will be internal of the site and subject to good management particularly at the northern boundary and drains to avoid offsite effects and to comply with Regional Plan permitted earthworks standards and terms. The application plan indicates drains that are to be either retained, in-filled or redirected. There will be no need to remove or bring onto site any material. Prior to commencement of Stage 1 production, a stormwater pond will be required. Additional ponds are required for the following two stages.

Earthworks will involve: • Topsoil stripping • Farm drain excavation of unsuitable soft organic material and re-filling • New swale formation • Levelling of greenhouse footprint pads • Stormwater detention pond formation • Demolition of the existing dairy sheds and removal of concrete pads • Building pad formation for utility area pack house • Entranceway construction and internal roading

There is an existing drain to the north of the internal road which will be filled in. This drain is to be re-routed along the north eastern boundary of the property to avoid greenhouse footprints. There is a limited catchment within Lot 2 DP 474714 to the east which enters this drain and this must continue to be served by the re-routed drain. At full development, an estimated 175,000m³ of cut and 123,000m³ of fill material is required to be shifted in order to create the building platforms and stormwater ponds. A compaction factor of 0.7 has been assumed based on the soft soils on site which brings the excavated ‘cut’ volume to 123,000m³. The cut to fill earthworks then balance more or less over the entire site. Appendix 11 contains the earthworks depth contour plan.

3.8. Signs and Lighting

External signage will be restricted to a sign at the entrance. All other signs will be directional and internal to the site. Signage will comply with Council Signage Rule 7.6.6(3)(b)(iii) and (iv). All structure associated lighting is expected to comply with Rule 8.2.5.3.

3.9. Waikato Regional Council Drainage

The site is not located within a drainage district. The site is not registered by the Waikato Regional Council (WRC) to contain a HAIL activity. Appendix 7 contains the consultative reply from WRC.




3.10. Culture & Heritage

The site is not subject to any district plan heritage overlay. The site does not contain a Heritage NZ listed site (see Images 4 and 5). The site is not subject to any Waitangi Tribunal claim by the Hauraki Collective.

Image 4 – Archsite Map displaying known places of archaeological significance in the Waihi Basin

(Source archsite.org.nz)

Image 5 – Heritage New Zealand Map displaying listed places of interest in the Waihi Area

(Source heritage.org.nz/the-list)




3.11. RMA Section 106

3.11.1. Site Suitability

Subsequent to the Cheal preliminary geotechnical desktop assessment, eleven (11) cone penetration tests (CPT) were carried out on 30 July 2002 and 31 July 2020 by Drill Core Limited across the proposed utility area and greenhouses as instructed by Cheal. Tests were performed to depths of 12.40–16.56mbgl (metres below the existing ground level). Recommendations for building consent are provided for both the utility area and greenhouse Stage 1 building platforms (See Appendix 5). It is expected that greenhouse Stages 2 and 3 will similarly be subject to the relevant geotechnical recommendations prior to construction. It is anticipated that the preliminary geotechnical desktop assessment and the Drill Core bore logs analysis and recommendations contained herein is adequate to confirm site suitability for resource consent purposes. Utility Area Appendix 5 contains a preliminary geotechnical assessment report prepared by Cheal. This report is a desktop analysis not informed by any onsite specific investigation other than acknowledgement of Brown Brothers bore logs located just to the east of the utility area. Bore log and bore locations are shown on an aerial plan contained in Appendix 1 and Appendix 2 of the preliminary geotechnical assessment report. Field investigations - Stage 1 Drill Core test sites CPT06–09 were carried out within the proposed Stage 1 – Building platform 2 as shown in Image 6 below. Test results for these CPTs have been attached in Appendix 5.

Image 6 – Drill Core CPT Test Locations




The blue CPT test sites 10 and 11 results will be used to inform future pond ground condition parameters.

The following is advised after a review of CPT6 - CPT9 data:

Encountered groundwater was between 1.1–1.65 mbgl. Groundwater level accounting for seasonal variations is anticipated to be approximately 0.5–1.5mbgl across the site Very soft to soft soils are encountered in the top 10.5m Based on the CPT trace, the very soft to soft soils are generally not interpreted to be organic in nature (with the exception of thin layers between 4.0–5.0mbgl in CPT07). However, from machine hole testing under the proposed utility area, organic soils are observed up to 5.0mbgl Based on the CPT traces, the ground conditions appear relatively uniform across the proposed building platform with a few variations

Future Recommendations are provided below to be undertaken at building consent stage:

Based on CPT interpretations, the very soft to soft soils are interpreted to be non-organic, however, it is recommended that this is confirmed by performing machine drilled holes with associated laboratory testing followed by analysis. The very soft to soft soils are likely to be normally consolidated, however, it is recommended that this is confirmed by performing consolidation tests Additional CPT testing can be performed after machine drilled borehole(s) is/are performed to confirm spatial variability of the ground conditions across the proposed building platform Based on the CPT data, the structural engineer should consider the viability of founding piles in the very soft to soft soils and if that is not feasible due to low skin friction and/or end bearing, consider specifically engineered deep piles embedded in sands below 10.0mbgl with consideration of geotechnical hazards such as susceptibility to liquefaction

4. STATUTORY CONSIDERATIONS

4.1. Resource Management Act 1991

Part 6 Section 88 of the RMA allows any person to make a resource consent application, provided it is in the prescribed form and includes, in accordance with Schedule 4, an assessment of environmental effects in such detail as corresponds with the scale and significance of the effects that the activity may have on the environment. Schedule 4 of the RMA lists those matters that should and must be included in an assessment of environmental effects, as well as those matters that should be considered. These matters are referenced throughout the body of this report confirming that the application meets all the requirements of Section 88. In accordance with Section 104(1) and when considering an application for a resource consent and any submissions received, the consent authority must, subject to Part 2 of the RMA, have regard to:




a) Any actual and potential effects on the environment of allowing the activity; and (ab) Any measure proposed or agreed to by the applicant for the purpose of ensuring positive

effects on the environment to offset or compensate for any adverse effects on the environment that will or may result from allowing the activity; and

b) Any relevant provisions of:

i) A national environmental standard ii) Other regulations iii) A national policy statement iv) A New Zealand coastal policy statement v) A regional policy statement or proposed regional policy statement vi) A plan or proposed plan; and

c) Any other matter the consent authority considers relevant and reasonably necessary to

determine the application. 4.1.1. Matters of non-compliance with the relevant performance standards are as follows:

(a) The earthwork volumes exceed the permitted 4,000m³ in any 12 month period requiring

discretionary resource consent pursuant to Rule 7.8.5.1 (b) The proposed new commercial entrance fails site distance rule 8.4.3(b)(ii)and (iii). An

assessment of effects is contained in Section 5 below 4.2. National Policy Statement

There are currently five National Policy Statements being:

National Policy Statement on Electricity Transmission National Policy Statement for Renewable Electricity Generation New Zealand Coastal Policy Statement National Policy Statement for Freshwater Management National Policy Statement on Urban Development Capacity

None of the above are relevant to this proposal. The Government has proposed a draft National Policy Statement on Highly Productive Land. Consultation closed on 10 October 2019. The proposed NPS-HPL will go to Ministers and Cabinet for approval in the first part of 2021. If approved, it would likely take effect soon after and therefore relevant to this application. The overall purpose of the draft NPS is to improve the way highly productive land is managed under the RMA to: • Recognise the full range of values and benefits associated with its use for primary production • Maintain its availability for primary production for future generations, and • Protect it from inappropriate subdivision, use and development




The NPS’s objective is not to provide absolute protection for highly productive land. The two main pressures facing highly productive land on the edge of towns and cities: • Expansion of urban areas, and the accompanying loss of productive land, and • Change of land use on the fringes of urban areas, in particular the increase in lifestyle blocks The draft NPS states The problem to be solved is the lack of clarity on how highly productive land should be managed under the RMA. The value of this land for primary production is often given inadequate consideration, with more weight generally given to other matters and priorities. This absence of considered decision-making is resulting in uncoordinated urban expansion over, and fragmentation of, highly productive land when less productive land may be available and better suited for urban use. This is preventing the use of this finite resource by future generations. This proposal is not inconsistent with the draft NPS. The site is not on the periphery of an urban development and is consistent with the draft NPS that recognised the full range of values and benefits associated with its use for primary production. The land is not to be subdivided for urban purposes and is not lost permanently to primary production.

4.3. National Environmental Standards

There are currently the following National Environmental Standards:

National Environmental Standards for Air Quality National Environmental Standards for Sources of Drinking Water National Environmental Standards for Telecommunication Facilities National Environmental Standards for Electricity Transmission Activities National Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health National Environmental Standards for Plantation Forestry

Only the National Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health (NESCS) is considered relevant to this proposal. The NESCS controls the following activities: 1. Removing or replacing all or part of, a fuel storage system 2. Sampling the soil 3. Disturbing the soil 4. Subdividing the land 5. Changing the land use The proposal is not a change in use rather a temporary halt to in-soil agricultural/horticultural practice. Above ground horticultural use is not relevant to the guidelines because any contaminants in the ground are only a problem when they are at a concentration and a place where they have, or are reasonably likely to have, an adverse effect on human health and the environment. Contaminants pose a greater risk where they are near buildings, people, water bodies and important habitats, and when they are in soil in which food is grown. This proposal does not involve a change of use that would result in adverse effects on human health.




The NES applies to assessing and managing the actual or potential adverse effects of contaminants in soil on human health from five activities: subdivision, land use change, soil disturbance, soil sampling, and removing fuel storage systems. The application does involve disturbing soil. Arguably this application does not involve land use change, rather temporarily retirement of in situ soils from dairying (pastoral farming). The Ministry for the Environment Contaminated Land Management Guidelines state: The focus of the NESCS is to protect human health. The NES does not apply to assessing or managing the actual or potential adverse effects of contaminants on other receptors including:

The on-site and off-site ecology The on-site and off-site effects on surface water The effect of contaminants discharged to water – including sources of human drinking water Amenity values

This NESCS addresses the assessment and management of the actual and potential adverse effects of contaminants in soil on human health from particular activities. This proposal seeks to disturb soil, an activity under the NESCS, when it takes place on a piece of land described under Regulation 5(7) which reads: (7) The piece of land is a piece of land that is described by 1 of the following:

(a) An activity or industry described in the HAIL is being undertaken on it (b) An activity or industry described in the HAIL has been undertaken on it (c) It is more likely than not that an activity or industry described in the HAIL is being or has

been undertaken on it The subject site is contained within the rural zone. In determining whether the subject site is a ‘piece of land’ under the NESCS, we have undertaken a search of the property file in accordance with Section 6(2) of the NESCS and sought comment from the Waikato Regional Council. Waikato Regional Council have advised there is no record of any NESCS activities having been undertaken on the site. Comments are provided in Appendix 7. The applicant has advised there are no fuel tanks on site in regard to the farming activity and that any other fuel for domestic purposes such as lawn mowers or tractors was stored in containers or drums in the sheds that are to be demolished. The site has been used for farming purposes in the past as far back as 1942 as shown in Image 7 below.




Image 7 – Retrolens The act of disturbing soil is a risk to human health if it stirs up airborne toxins or pollutants. The use of superphosphates in fertiliser can cause cadmium concentrations to increase to an unsafe level. Cadmium is harmful if dust laden with the element is inhaled, but the levels expected on a dairy farm are not anticipated to be high enough to pose a risk to humans since it will be mixed up in the damp peaty soil. Cadmium is also toxic to humans if ingested. Earthworks has no discernible effect on human health. This is because:

The future crops to be grown in greenhouses on the site are not going to be planted in the ground and so transfer from the site soil to crops is not possible This means any potential harm to humans from earthworks is anticipated to be negligible and if it does exist, it will only be an issue during the earthworks period The site is not identified by the Hauraki District Plan as being ‘contaminated’ Earth disturbance is limited to land contouring to provide the appropriate gradient within the site. In situ the earth is peat up to at least 4.0m deep The site is not a HAIL site

Given the above, it is considered that the site or any specific area is not considered a ‘piece of land’ under the NESCS and therefore the NESCS does not apply and further assessment or consent under the NESCS is not required. Furthermore, it is considered highly unlikely that there will be a risk to human health resulting from the proposed horticultural land use.




5. DISTRICT PLAN REQUIREMENTS

The subject site is contained within the Rural Zone. The site is not subject to any District Plan notations or overlays other than being within the Waihi Basin. There are also no features or areas of historic or cultural significance identified on either site. The Waihi Basin only has relevance in terms of subdivision lot size which is not proposed herein. The proposal is subject to the provisions contained in Section 5.1 Rural Zone Rules and Section 7.8 Excavations and Placement of Fill; Section 8.2 Design and Location of Buildings; Section 8.3 Amenity Matters; Section 8.4 Vehicle Parking, Loading and Access. Non - Compliance The proposal is able to comply with the relevant performance standards with the exceptions described below. Rule 8.4.3.3 Site and Separation Distances Waihi Beach Road Rule 8.4.3.3(b)(ii): The existing Waihi Beach Road entrance is located some 100m from the intersection of Waihi Beach Road and Trig Road South to the west. Diagram HD306 requires 200m (k) where the speed environment is 100kph. The entrance fails but notably is an existing entrance that is proposed to be retained for the use of adjoining landowner 290 Waihi Beach Road. It is a technical infringement only. There is no proposal to utilise this entrance for the horticultural development proposed. The status quo will remain without any new or additional generated traffic effects. As a result, no further assessment is required (see also traffic assessment contained in Appendix 3).

Trig Road South Sight Distance Rule 8.4.3.3(1)(a): The proposed crossing to and from Trig Road South has sight distance to the intersection of circa 130m. To the south sight distance is approximately 120m. Table 3.4 notes where the local speed environment is 60kph requiring 115m and 70kph requiring 140m. The crossing complies where the speed limit is 60kph and fails by 10m should vehicles speed limit be 70kph.

Separation Distance Rule 8.4.3.3(1)(b): In a 100kph speed environment, the HDC306 minimum distance (n) between vehicle crossings is 200m. The separation distance between the proposed crossing and the crossing to the south is 90m being a shortfall of 110m.

Pursuant to Rule 8.4.3.4 the activity remains a Restricted Discretionary Activity.

Earthworks - Rural Zone Rule 7.8.5.1(2): P3 provides for excavation and movement of up to 4,000m³ of minerals and/or clean fill not otherwise provided for in P1 to P2 for end use on the holding of source in any 12-month period. P1 provides for permitted earthwork pursuant to a building consent but only up and equal to the rural zone specification. P2 is not relevant. Pursuant to Rule 7.8.5.4 D1 any earthworks not otherwise provided for as a permitted activity, except in the conservation (wetland) and flood ponding zone, is a Discretionary Activity.




In terms of addressing the requirements of the RMA, an assessment of environmental effects is provided in Section 7 of this report where it has been considered the effects on both the immediate and surrounding area are less than minor. The District Plan objectives and policies are discussed in Section 8 of this report where it is considered that the proposal is not contrary to these. Based on these assessments, it is considered that the application is able to be granted.

6. CONSULTATION

In accordance with the RMA, an application for resource consent should: 1. Identify the persons affected by the proposal 2. Comment on the consultation undertaken, and 3. Identify any response to the views of any person consulted Other than those identified and contacted below, no other consultation is considered necessary. Iwi Following contact with Council and the Hauraki Collective Communications Officer, Iwi were determined via information taken from the Te Puni K kiri K hui M ngai website Directory of Iwi and M ori Organisations for both Hauraki District Council and by map reference. Consultation request with an information package (see Appendix 10) was sent on 3 June 2020 to the following Iwi:

• Ng ti Hako • Ng ti Maru (Hauraki) • Ng ti Tamater • Ng i Tai ki T maki • Ng ti R hiri Tumutumu • Ng ti Tara Tokanui • Ng ti Whanaunga Only Ngati Tara Takanui replied and that itself was only an acknowledgement of the consultation request. The following potentially identified affected parties are identified as being immediate neighbours (see Image 8). On that basis each of the following where contacted and provided the consultative information package contained in Appendix 10 on or about 19 May 2020. • PJ and PJ Henderson and AFS Trustee Limited, 296 Waihi Beach Road • Tightline Dairy Limited and RA and SK Henderson, 164 and 178 Trig Road South • B and M Battenburg, 334 Waihi Beach Road • Brake Farms Limited, 360B Waihi Beach Road • Waihiki Holdings Limited (owner) and J and J Kuizinas (occupiers), 305 and 343 Waihi Beach

Road • GM Jaques and KJ McCowatt, 290 Waihi Beach Road • PE and TA McCowatt, 256 Waihi Beach Road • GK and MH Mather, 87 Mathers Road




Image 8: Identified Affected Parties Written approval has been received from:

PJ and PJ Henderson and AFS Trustee Limited, 296 Waihi Beach Road Tightline Dairy Limited and RA and SK Henderson, 164 & 178 Trig Road South B and M Battenburg, 334 Waihi Beach Road Brake Farms Limited, 336 and 360B Waihi Beach Road (occupiers- leaseholder). The owners have expressed no interest in the application. Waihiki Holdings Limited (owner) and J and J Kuizinas (occupiers), 305 and 343 Waihi Beach Road P and T McCowatt, 256 Waihi Beach Road

Affected party approvals not received include:

GK and MH Mather, 87 Mathers Road GM Jaques and KJ McCowatt, 290 Waihi Beach Road

Both these neighbours were contacted face to face on 1 July 2020 or 19 May 2020 at which time the consultation package was provided.

256 296




The Mather’s son was made aware of the development and provided the consultative package on 1 July 2020 and since that time contact was made a further six times. The Mather family has not engaged in consultation. The Mather block adjoins the south boundary. The wider and specific effects on the Mather block has been assessed within the Landscape and Visual Assessment Report to have very low adverse effects. There is to be no use of Trig Road South that is south of the proposed access. The Mather Block road access is completely unaffected by the development at their entrance. There are traffic effects only between the proposed access and the intersection with Waihi Beach Road. Traffic effects are assessed to be less than minor. At Stage 3 and full development, other effects such as operational noise, lighting, stormwater/drainage, earthworks (temporary) will be less than minor due to distance. For these reasons, the Mather’s are not considered to be affected by the proposal in a way that is more than minor.

Jaques and McCowatt were last contacted (face to face meeting) on 24 August 2020. Between 19 May 2020 and 18 August 2020, a further twelve emails where exchanged with the CEO of Protective Cropping Limited. No formal written approval has been obtained. However, during discussion the landowners have expressed support for the application and have suggested the following: i. Removal of pine trees from the southern boundary and adjoining boundary ii. Erect on the Protective Cropping Limited (PCL) land a timber fence to be located at 1.0m from

the boundary and plan plant natives to provide an attractive backdrop behind the fence iii. Erect a secured gate at the southern end of the Waihi Beach Road right of way (ROW) so that

only PCL have access to PCL’s Land via the Waihi Beach Road ROW iv. Apply to the Hauraki District Council for a new entry to PCL’s Land from Trig Road South, with

the intention that the Trig Road South entry shall be PCL’s primary entry to PCL’s Land v. Any external lighting on PCL’s Land, including around buildings, entranceways and car parks,

must be at all times connected to motion sensors that limit the run time of the lights and must be angled downwards to avoid directional light spill onto Jaques and McCowatt land

vi. Any security entrance gate/s must be designed so as to avoid unreasonable noise and light effects on Jaques and McCowatt land

Council is advised that pursuant to item i. the pine trees have been removed and that a timber fence as described in item ii. will be constructed. A condition of consent to construct such a fence is acceptable to the applicant should a fence not be constructed at the time of granting resource consent. Moreover, as a result of the 24 August 2020 meeting, it was agreed that the applicant will deer fence the adjoining strip of land between the neighbours west boundary and Trig Road South to be utilised by the neighbour (as they previously had agreed access to with the previous land owner). Items iii. and iv. are included in this application. In regard to items v. and vi., lighting will be compliant with the district plan. Relevant conditions would however be acceptable to the applicant. We have assessed the effects on the Jaques and McCowatt land not to extend beyond visual and noise effects. Traffic noise effects are largely reduced to vehicle movement at narrow peak times morning and afternoon as cars arrive park and subsequently exit the site. There is no access conflict, being avoided by the proposed new crossing off Trig Road South. Visual (including any car light effects) will be reduced by the southern boundary agreed planting and solid fencing. The removal of the larger pines has resulted in a positive environmental effect for the landowner, increasing natural light and tree shading removed. Security issues raised by the landowner are also mitigated/




avoided given the proposed secure access. As a result of works already completed and where conditions of consent can be imposed to mitigate remaining neighbour concerns, and where general traffic and visual effects have been assessed, local environmental adverse effects on 290 Waihi Beach Road are reduced to less than minor.

7. ASSESSMENT OF ENVIRONMENTAL EFFECTS

7.1. General Assessment

The proposal seeks to establish a horticultural greenhouse development. The land use is defined in the Hauraki District Plan as Intensive Outdoor Farming being specifically defined as vegetative matter grown in greenhouses. In support of the greenhouse production, a utility area is proposed that will contain a packing/chiller shed structure and assorted support/ancillary buildings. Water storage ponds will be required to capture and detain stormwater for plant production. Land has been set aside for a Stage 3 pond should it be required to further detain/attenuate stormwater. The activity will require a new commercial standard crossing off Trig Road South.

Under Section 104(3) the Council must not have regard to any effect on a person who has given written approval to the application. Section 6 identifies those who have provided affected party approval. The application overall is for a discretionary activity that complies with relevant rules that have been assessed in the District Plan assessment tables contained in Appendix 9 other than Rule 8.4.3.3.1(a) and (b)(ii). The application specifically fails site and separation distances between the proposed new commercial Trig Road South crossing and the nearest crossing to the south and to the intersection with Waihi Beach Road. This infringement is subject to restricted discretion criteria described in Section 5.1. The application also fails the permitted earthworks and falls to a discretionary activity and is subject to discretionary criteria.

The effect of each of these failures is assessed in the following subsections.

7.2. Permitted Baseline

Sections 95D(b) and 95E(2)(a) provide that when determining the extent of the adverse effects of an activity or the effects on a person respectively, a council ‘may disregard an adverse effect if a rule or national environmental standard permits an activity with that effect’. The permitted activity baseline applies to consideration of both who is affected and whether effects are or are likely to be more than minor. The activity itself is not permitted however the rural zone land use building and design and location of buildings performance standards are in compliance with the rules. Shelter belts are permitted being set back 10m from the front and where side yard shelter is set back 4.0m. The district plan side setback is nil. Shelter belt establishment is a permitted activity that has a permitted effect on reducing open rural character. Constant farm machinery movement and ploughed and temporary open land provides two further non fanciful permitted baselines.




7.3. Reverse Sensitivity

Reverse sensitivity involves the vulnerability of an existing activity to legal attack from newly located activities that are adjacent and which are incompatible. Reverse sensitivity is especially relevant to noise issues. Horticulture daily operation is not expected to exceed noise levels required by Rule 8.3.1.3 (1) – 50dB. Traffic generated by the activity is expected to be above permitted (expected pastoral farming) activities insofar as traffic movement is heightened at peak times, at the beginning of the workday and afternoon as workers arrive and depart from the site. Most workers will be on site around 7am and depart late afternoon. There is to be no late evening or night-time activity. The utility area will generate mechanical noise generated by the expected use of forklifts and small vehicle usage transporting product from the greenhouses to the packing shed. Given the timetable to take fresh product to market this noise will cease at or around 4pm. There is a valid permitted baseline associated with the daily movements of farm vehicles (i.e., diesel tractors and other farm vehicles) within the utility area. According to ACC Occupational Noise levels A collection of reported measurements operating tractors generally produce 80dBA – 90dBA +. Forklifts generally create a noise level between 80 -90 dBA. As a matter of comparison loud talking is 60dBA. Noise levels are taken at the notional boundary - 20m from and parallel to the façade of a dwelling. The nearest dwelling is some 95m to the north west from the packing house location. Distance is a common method to reduce noise. Sound level will decrease by 6dBA every time the noise source to the listener distance is doubled. It is likely then that at the notional boundary, noise will not exceed 50dBA. Parking is located to the north of the utility area along the southern boundary of adjoining properties 290 and nearby 296 Waihi Beach Road. Visual and lighting effects mitigation is proposed by removal of existing large trees and new planting and fencing to be established along the southern boundary of 290 Waihi Beach Road and planting along the boundary of 296 Waihi Beach Road (see also report Section 6). Construction noise Rule 8.3.1.3(3) is short term during land contouring and construction of greenhouses.

7.4. Traffic Effects

It is proposed that traffic generated by the proposal utilises the proposed new Trig Road South crossing in preference to the existing crossing to Waihi Beach Road. The traffic assessment prepared by Direction Traffic Design Limited (Appendix 3) concludes the Trig Road South crossing is suitable for the intended purpose subject to proposed conditions that are acceptable to the applicant. Proposed Condition 4 however, requires further discussion with Council before it is accepted. Because associated traffic is directed to turn left onto Waihi Beach Road that intersects with State Highway 2 and the potential for effects, NZTA was consulted. Appendix 3 contains the consultative reply from NZTA which states no opposition to the development as proposed.




The Waihi Beach Road crossing is to be retained since this crossing provides legal and physical access to the dwelling contained in adjacent Lot 1 DPS 84502. This results in no additional use effects associated with this crossing.

7.5. Earthworks Effects

Approximately 170,000m³ of on-site earth will be shifted over the course of the project. Although staged, each greenhouse will require some 20,000m³ of earth to be shifted in order to create buildable platforms for the structures to be erected upon. The soils are soft and susceptible to settlement over time and will therefore require careful management during works. Water courses can be severely affected by earthworks if the practices of contractors are not up to standard. Sediment runoff caused by unprotected earthworks can silt up watercourses and choke the living environments of the ecosystems. The works proposed at the site involve cut to fill in a balanced way that avoids imported fill material. Through the potential use of topsoil bunds, silt fences, decanting earth bunds, sediment retention ponds, clean water diversions, and hay-mulching the effects on waterways can be mitigated. A sediment and erosion control plan will be provided to Council for approval before any earth moving begins and any required monitoring of the sediment controls will be undertaken at the defined intervals. The result of sediment and erosion protocols is that water and soil are separated from each other to allow the water to escape the site and sediment is left behind and does not enter waterways. With the right methodology the effect of earthworks on the environment can be reduced to being no more than minor. Earthworks also have a visual impact on immediate neighbours for the duration of the works. The sight of potential scoured earth is a departure from the existing open near level dairy farm other than times when pastoral land is ploughed and re-sown. Open ground will be stabilised (grassed) and greenhouses erected soon after the completion of earthworks. It is considered that through these methods the visual impact of earthworks is no more than minor and is temporary. Dust is another important effect that earthworks can have on the surrounding environment. In dry conditions soils can become light and are easily whipped up by wind gusts. This causes annoyance to neighbours and can be hazardous to traffic if intense enough. Through the use of on-site water carts and restricted earthworks seasons the site dust is to be controlled effectively. This will also be detailed in the sediment and erosion control management plan. Through the use of industry standard best practice methods, dust can be effectively controlled on the site during staged earthworks.




7.6. Rural Character and Amenity

The Hauraki District Plan states under Section 5.1.1 rural zone purpose as: The Rural Zone is almost exclusively a farming area covering the fertile Hauraki Plains and Waihi Basin areas, the western foothills of the Hapuakohe Range, the eastern hills of the Waihi Basin and the foothills of the Coromandel and Kaimai-Mamaku Ranges. Predominantly dairy farming is concentrated on the plains area. Horticulture is predominantly located in the Waihi Basin [emphasis added]. Extensive grazing and production forestry occurs in the hill country. The rural land resource is one of the most valued of the natural and physical resources in the District. Important mineral resources are located within the Rural Zone. The Rural Zone is of a generally open character, with buildings mainly limited to dwellings and other buildings directly associated with rural production activities. From these paragraphs, it can be interpreted that horticulture is considered a part of the rural character within the Waihi Basin. Buildings directly associated with the production activity can also be considered part of the open character. Image 9 shows the general distribution of horticultural activities in the area which make up the rural character.

Image 9: Local Horticultural Environment Shaded Green

Appendix 6 contains a landscape and visual assessment report prepared by Mansergh Graham Landscape Architects dated July 2020. This report provides a comprehensive assessment of effects on the existing landscape and rural character. This includes an evaluation of the existing landscape




character; existing potential landscape and visual effects being assessed from typical viewer locations and an overview of the development on the landscape and rural character values. Findings and conclusions are provided at report page 23 and 24. In summary the report concludes that the development can be absorbed by the surrounding rural landscape subject to implementation of the recommended mitigation measures (new shelter belts, retention of existing hedgerows/shelter belts and staging of the development). With that accomplished, there are no unacceptable, less than minor, adverse effects on the existing rural landscape character and visual amenity values.

7.7. Positive Effects

The application will generate in the first instance temporary jobs associated with the construction of the greenhouses and the construction of structures within the utility area. Up to 60 full time jobs and up to 120 jobs during harvest periods will result over the full year. These jobs and associated income and expenditure will continually have a positive economic effect on the local economy and the wider region. Moreover, in terms of future productive use of in situ soils, soils are not used given the proposed above ground growing mechanism. Soils will be available for productive use should the greenhouses be removed. The productive capability of the situ soils (peat) is maintained.

7.8. Summary

For the reasons provided above, it is concluded the proposed greenhouse development and operation will not result in any medium to long term adverse effects on the local environment that are more than minor. Therefore, the proposal also meets the ‘gateway’ test of Section 104D(1)(a) and can be considered for granting.

7.9. Performance Standards Non-Compliance

The District Plan assessment table in Appendix 9 confirms the following infringements: 1. Excavations and placement of fill Rule 7.8.5.1(2) 2. Vehicle parking, loading and access Rule 8.4.3.3.1(a) and (b) Trig Road South proposed

crossing fails sight distance at 70kph and separation distance to intersection and the nearest crossing to the south

An assessment of the relevant criteria is provided in report section 7.10.




7.10. ASSESSMENT CRITERIA FOR RESTRICTED DISCRETIONARY AND DISCRETIONARY ACTIVITIES Rule 8.4.3.3 Site and Separation Distances Failures Trig Road South Rule 8.4.3.3(1)(a): The proposed crossing to and from Trig Road South has sight distance to the intersection of circa 130m. To the south sight distance is approximately 120m. Table 3.4 notes where the local speed environment is 60kph requiring 115m and 70kph requiring 140m. The crossing complies where the speed limit is 60kph and fails by 10m should the vehicle speed limit be 70kph. Rule 8.4.3.3(1)(b): In a 100kph speed environment, the HDC306 minimum distance (n) between vehicle crossings is 200m. The existing Waihi Beach Road crossing is approximately 53m to the nearest crossing to the east and fails to comply. 8.4.3.4 Restricted Discretionary Activity Matters Pursuant to Rule 8.4.3.4(1) restricted discretionary activity matters, the Council will restrict the exercise of its discretion to the ability of the activity or development to achieve the particular environmental result in Section 8.4.3.2 of the Standards in Rule 8.4.3.3 for which compliance is not met and the following relevant matters: (a) In determining the location, number, configuration and gradient of vehicle crossings onto any

road, regard shall be had to whether they: (i) Unnecessarily disrupt the provision of on-street parking. (ii) Detract from the amenities of the locality, particularly residential properties. (iii) Give rise to traffic hazards through factors such as inadequate visibility and unsafe

stopping distances. (iv) Conflict significantly with the normal flow of traffic. (v) Unreasonably obstruct access to services. (vi) Unreasonably inhibit the utilisation of the site having regard to the scale of the activity

and its operational needs. (vii) Restrict ready access to the site particularly where large vehicles and/or significant

volumes of traffic are involved such as at service stations, having regard to the relevant Ministry of Transport Guidelines.

(viii) Readily enable vehicles (that are likely to use the access) to cope with the gradient and other design matters.

(ix) Are impractical to provide due to the physical restrictions on the ground. (x) Keep the number of vehicle crossing points to a minimum having regard to the

availability of alternative access, the opportunities for shared access, the volume and nature of the traffic generated and the operational requirements of the activity.

(xi) Are sited and designed in such a way that the operation of any intersection or Limited Access Road is not compromised to a level which significantly diminishes the traffic capacity or safety and that traffic conflicts and hazardous traffic situations are minimised.

(xii) Are preferable in traffic management terms to be sited on a "greater" road rather than a lesser road in the case of corner sites.

(xiii) N/A (xiv) The comments from the relevant Road Controlling Authority.




Rule 8.4.3.2 ENVIRONMENTAL RESULTS (1) To protect the function of the road for the safe free flow of traffic by providing easy access between the road and the property boundary, in a manner that does not detract from the safety and amenity of pedestrians, protects the amenities of adjoining properties and does not significantly interfere with the provision of on-street parking. (2) To sustain the energy resource used in transportation, by making the roading system as safe, efficient and effective as possible, and thereby reducing energy wastage. Assessment The Direction Traffic Design report makes an assessment of the crossing sight and separation infringement and concludes at pages 23 and 24 that neither have a more than minor effect due to low traffic volumes. Moreover, the second crossing to the site is being closed to minimise traffic effects to the developed site. Waihi Beach Road is not to be used as an access to the site. Trig Road South is to be widened to accommodate the largest expected vehicle to the site via an appropriated sized new crossing. Proposed amenity planting along the southern boundaries of 290 and 0 (Zero) Waihi Beach Road will mitigate visual effects without loss of amenity to neighbouring sites. Affected party approval has been gained from NZTA.

7.8.6 Earthworks Assessment Criteria for Discretionary Activities (1) When assessing any application for a Discretionary Activity, Council shall have regard to the relevant Earthworks objectives and policies, the relevant assessment criteria listed below and any other matters it considers appropriate. An assessment is provided following each criteria: (a) The degree of slope and the extent of earthworks.

The extent of earthworks will be within the greenhouse footprint 100m x 200m with a fall of 0.5%. (b) The extent to which the earthworks will change the ground level of the site.

The ground level is to be scraped only to ensure the 5% fall. (c) The degree to which the finished ground levels reflect the contour of the development site and

the adjoining sites. Finished ground levels will be very similar to the existing contour around the greenhouse footprint.

(d) The degree to which the earthworks will enable additional built form, scale and massing below

ground level and the effect this has on the surrounding character and amenity values. There will be no earthworks that will be below ground level except pond construction. Given the proposed visual mitigation, effects are mitigated to less than minor.

(e) The effects on landscape, heritage and biodiversity values and in particular effects on features

and areas identified in Section 6 of the District Plan, and the landscape and natural character values of the Coastal and Karangahake Gorge Zones and Outstanding Natural Landscape Areas and District Amenity Landscape Areas. Not Applicable. The site contains no conservation or heritage, earthworks is minimal.




(f) The effect on sensitive receivers from additional noise and dust associated with the earthworks. Good soil management practices will be followed.

(g) The time period, hours of the day and days of the week over which the excavation and fill will

be undertaken. It is expected earthwork work will be undertaken within 4 weeks for each stage.

(h) The extent to which the movement of soil or clean fill material to and from the site may affect

the roads to be travelled and the amenity of residents along the transportation route. Not applicable. No material is required to be brought into the site and no material will be taken from the site.

(i) The time period over which the soil will be exposed.

Ideally soil will be exposed a short time (days to 4 weeks) prior to the commence of greenhouse construction. In the event of delays the soils will be regressed.

(j) The extent of modification or barriers to natural drainage and flood control systems, including

ponding areas, overland flowpaths, and spillways. There is to be no increased flow to or any change to natural water ways as a result of this development.

(k) The methods to control sediment runoff.

Refer to Section 7.5 above. (l) The stability of any cut or fill and the method to achieve stability.

Stability is not considered an issue any Stage given the near level contour that where the building area surface will be contoured to a minor 0.5% fall.

(m) The nature of the fill to be used.

Only in situ topsoil is to be used.

8. RELEVANT POLICIES AND OBJECTIVES

The Objectives and Policies contained in Sections 5.1.2 of the District Plan are considered relevant to the proposal. An assessment of these Objectives and Policies is provided below.

8.1. Rural Zone

Objective 1 To ensure a range of compatible rural land use activities can be undertaken, which benefit from the productive potential, location and rural character of the zone. (a) Policies Objective 1 will be achieved by implementation of the following policies: (i) Rural production activities that require the use of land with productive capability should be

able to locate on land with such value.




(ii) Land use activities which do not rely on land with high productive capability (including urban development and rural lifestyle activities) should not be sited on land with high productive capability, except where the character, scale and intensity of those activities ensures that the land remains available for other activities in future that can utilise its high productive capability.

(iii) Ensure buildings (including dwellings) and rural activities maintain the amenity value of a predominantly open rural character and the productive use of the land.

(iv) Activities with a functional or legitimate need for a rural location should not be established in rural areas unless they are able to be undertaken without constraining the lawful operation of rural production activities which are carried out in accordance with accepted management practices.

The proposed horticulture activity is required to be developed on land that is near level. This requires use of land that may otherwise be used for productive farming purposes. However, as noted in Policy (ii) above, the greenhouses can be removed in time and intensity of those activities ensures that the land remains available for other activities in future that can utilise its high productive capability. Noting the current land use is not necessarily more productive in terms of turn over or in terms of employment than that proposed. This proposal anticipates up to 120 staff when fully developed. This outstrips that employed by conventional dairying or dryland farming with positive outcomes for the Hauraki economy. Horticulture is a legitimate rural activity that cannot be established in other zones. Productive land is a resource to be managed in a way that it is available for future generations and avoids fragmentation of the land into uneconomic sizes; unsustainable or environmentally harmful farm management practices. Objective 2 To preserve and enhance the open rural landscape character of the zone. (a) Policies Objective 2 will be achieved by implementation of the following policy: (i) Ensure the erection of buildings does not detract from the open rural landscape character

values of the Rural Zone. See landscape report in Appendix 6.

Objective 4 To ensure that adverse effects of a land use activity on the environment or on the amenities of neighbours are avoided, remedied or mitigated. (a) Policies Objective 4 will be achieved by implementation of the following policies: (i) Require that all effluent is able to be safely disposed of to protect human health, and there is

no associated smell nuisance from effluent or any other aspect of the activity. (ii) Ensure the implications of land use activities for the safety and efficiency of the roading network

(especially through the integration of land uses with the roading network) are properly addressed.

(iii) Other adverse effects (e.g. noise, smell, glare, vibration, visual) on the environment and amenity of the District (particularly where they are near to residential or other sensitive activities) should where practicable be avoided, or remedied or mitigated.




(iv) Development in natural hazard areas that is likely to be adversely affected by such hazards should be avoided, where necessary, in preference to mitigating adverse hazard effects.

Effluent disposal will be managed onsite and in accordance with the recommendations of the Cheal preliminary geotechnical investigation report. The traffic assessment report concludes the effects of the proposed development can be absorbed into the local traffic environment without effects that are more than minor. The land upon which greenhouses are to be constructed is not subject to any natural hazard. Cheal preliminary geotechnical investigation report (Appendix 5) notes that due to peat soil depth specific recommendations are necessary.

8.2. EXCAVATIONS AND PLACEMENT OF FILL (EARTHWORKS)

Objective 1 To ensure site earthworks associated with land use and subdivision activities avoid, remedy or mitigate adverse visual effects and off-site effects. (a) Policies Objective 1 will be achieved by the implementation of the following policies: (i) Recognise that excavations and fills are undertaken as part of legitimate land use activities. (ii) Differentiate between accessory on-site earthworks, and excavations involving significant

movement of material off the site. (ii) Ensure that only clean imported fill is placed on sites. (iii) Limit the scale and location of earthworks to: minimise the risk of instability and damage to

other properties, network utilities and the environment; not increase the risk of potential flooding or reduce the function of ponding areas, overland flow paths, and spillways; minimise amenity and public safety impacts.

(iv) Limit the scale and location of earthworks to avoid, remedy or mitigate adverse visual effects, particularly in sensitive zones and in areas of outstanding and high amenity and/or natural character values.

Refer to report Section 7.5. The works proposed at the site involve cut to fill in a balanced way that avoids imported fill material. Through the potential use of topsoil bunds, decanting earth bunds, silt fences, clean water diversions, and hay-mulching the effects on waterways can be mitigated. A sediment and erosion control plan will be provided to Council for approval before any earth moving begins and any required monitoring of the sediment controls will be undertaken at the defined intervals. Open ground will be stabilised (grassed) and tunnel houses erected soon after the completion of earthwork.

8.3. Summary

Accordingly, the proposal is considered to be consistent with the relevant traffic and earthwork objectives and policies and discretionary criteria. Therefore, the proposal also meets the ‘gateway’ test of Section 104D(1)(b) and can be considered for granting.




9. SECTION 104 CONSIDERATIONS

As identified, the proposal is considered a discretionary activity. In accordance with Section 104 (1) of the RMA, when considering a consent authority may have regard to: (a) Any actual and potential effects on the environment of allowing the activity; and (ab) Any measure proposed or agreed to by the applicant for the purpose of ensuring positive

effects on the environment to offset or compensate for any adverse effects on the environment that will or may result from allowing the activity; and

(b) Any relevant provisions of: (i) A national environmental standard (ii) Other regulations (iii) A national policy statement (iv) A New Zealand coastal policy statement (v) A regional policy statement or proposed regional policy statement (vi) A plan or proposed plan; and

(b) Any other matter the consent authority considers relevant and reasonably necessary to determine the application

Based on the assessments in Sections 6, 7 and 8 of this report and supporting information in appendices, it is submitted that pursuant to RMA Section 104B Council may grant this application subject to conditions under RMA Section 108.

10. SECTION 95 ASSESSMENT

10.1. 95A Public Notification of Consent Applications

STEP 1 95A(3) Mandatory public notification in certain circumstances a) The applicant has requested the application be publicly

notified? No

b) Public Notification has been determined to be required under Section 95C?

No

c) The application is an application to exchange recreation reserve land under Section 15AA of the Reserves Act 1977?

No

Process The answer is no, go to STEP 2 No

STEP 2 95A(5) Public notification precluded in certain circumstances The application is for an activity that is subject to a rule or National Environmental Standard that precludes notification?

No

a) The application is a controlled activity? No b) The application is a restricted activity or discretionary

activity for a subdivision of land or a residential activity? No

c) The application is a boundary activity? No d) The application is a prescribed activity? No




Process 95A(4)(a) if the answer is yes, go to STEP 4 (STEP 3 does not apply) OR 95A(4)(b) if the answer is no, go to STEP 3

No Any effects of the proposal will be confined to the local environment (e.g. the subject site. Any effects that extend beyond the subject site and adjacent properties are considered to be less than minor. For the purpose of Section 95D, the effects on the wider environment are considered to be no more than minor, therefore public notification is not required for the proposal.

STEP 4 95A(9) Public notification in special circumstances

Do special circumstances exist in relation to the application that warrant public notification? Special circumstances are those that are:

Exceptional, abnormal or unusual, but something less than extraordinary or unique Outside of the common run of applications of this nature; or Circumstances which make notification desirable, notwithstanding the conclusion that the adverse effects will be no more than minor

No

Process If the answer is no, public notification is not required. No




10.2. 95B Limited Notification of Consent Applications

STEP 1 95B(2) and (3) Certain affected groups and affected persons must be notified a) Are there any affected protected customary rights

groups? No

b) Are there any affected customary marine title groups? No a) Is the proposed activity on or adjacent to or may affect

land that is subject to a statutory acknowledgement (Schedule 11)?

No

b) Is the person to whom a statutory acknowledgement made, an affected person under Section 95E?

No

Process There are no affected groups or persons under section 95B(2) and (3).

Yes

STEP 2 95B(6) Limited notification precluded in certain circumstances

a) The application is for a resource consent for one or more activities and each activity is subject to a rule or national environmental standard that precludes limited notification?

No

b) The application is for a resource consent for either or both of the following but no other activities:

i. A controlled activity under a district plan (other than subdivision of land)?

No

ii. A prescribed activity (see Section 360H(1)(1)(ii)? No Process If the answer is no, go to STEP 3 No

STEP 3 95B(7) and (8) Certain other affected persons must be notified

a) There is an affected person under Section 95E for a boundary activity?

No

b) There is an affected person under Section 95E for any activity prescribed under Section 360H(1)(b)?

No

There is an affected person in accordance with Section 95E? No Process There are no affected groups or persons under section 95B(7)

and (8). Yes

STEP 4 95B(10) Further notification in special circumstances

Do special circumstances exist in relation to the application that warrant notification of the application to any other persons not already determined to be eligible for limited notification (excluding persons assessed under Section 95D as not being affected persons)?

No

Process The application does not require limited notification.




11. RMA PART II

Part 2 of the RMA contains Sections 5, 6, 7 and 8. The assessments contained in Sections 7 and 8 of this report are subject to the matters contained in Part 2 of the RMA. Section 5 sets out the purpose of the RMA, which is to promote the sustainable management of natural and physical resources and is supported by Sections 6, 7 and 8. Sections 6 and 7 contain the “matters of national importance” and “other matters” respectively and Section 8 provides for the principles of the Treaty of Waitangi. These sections are hierarchical and provide for a different level of consideration to be given to each. There are no matters of national importance, as identified by Section 6, that are relevant to the application. 6. Matters of national importance In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development and protection of natural and physical resources, shall recognise and provide for the following matters of national importance: (a) The preservation of the natural character of the coastal environment (including the coastal

marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use and development

(b) The protection of outstanding natural features and landscapes from inappropriate subdivision, use and development

(c) The protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna

(d) The maintenance and enhancement of public access to and along the coastal marine area, lakes and rivers

(e) The relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga

(f) The protection of historic heritage from inappropriate subdivision, use and development (g) The protection of protected customary rights (h) The management of significant risks from natural hazards Sections 7(b), 7(c) and 7(f); being the efficient use and development of natural and physical resources and the maintenance and enhancement of amenity values and the quality of the environment, have been given particular regard in terms of the activity’s effects. 7 Other matters In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development and protection of natural and physical resources, shall have particular regard to: (a) Kaitiakitanga

(aa) The ethic of stewardship (b) The efficient use and development of natural and physical resources

(ba) The efficiency of the end use of energy (c) The maintenance and enhancement of amenity values (d) Intrinsic values of ecosystems (e) (Repealed)




(f) Maintenance and enhancement of the quality of the environment (g) Any finite characteristics of natural and physical resources (h) The protection of the habitat of trout and salmon (i) The effects of climate change (j) The benefits of be derived from the use and development of renewable energy The proposal will not affect the ability to achieve the principles of the Treaty of Waitangi. Overall, the activity can be considered suitable for the site and in applying a broad judgement over the matters contained in Part 2 of the RMA the proposal is consistent with the principles and purpose of the RMA.

12. CONCLUSION

Discretionary activity land use resource consent is sought to establish an Intensive Outdoor Farming horticultural greenhouse development on the subject site Lot 3 DP 442591. Overall, it is considered that the proposed land use is a suitable use of a physical resource where adverse effects are able to be mitigated. The proposal is not contrary to the relevant objectives and policies of the Hauraki District Plan. Of the identified affected parties only two have not provided written approval, noting however that the effects on these have been avoided or mitigated to less than minor and therefore the application can be processed on a non-notified basis. We certify that the information contained herein is in accordance with the requirements of the Resource Management Act 1991 and that the applicant has a legal obligation to comply with any conditions imposed should the application be approved.

Once the RM number is issued the lodgement fee of $1,200 for a Non-Notified Land Use Consent will be paid by the applicant and it is understood that a final account will be sent to the applicant when the processing of the application is complete.

CHEAL CONSULTANTS LIMITED 3 September 2020


Appendix 1

Record of Title 552263


Appendix 2

Greenhouse Specifications


1

.


2

6.5m


3


4


5


6


7


8


9


10


11


12


13

4 Greenhouse units complete as described with roof ventilation, nets and covering:Air Heating system for 4 units as described:

Air circulation system for 4 units as described:

Climate controller for 4 units as described:

TOTAL AMOUNT EX WORKS IN THESSALONIKI, GREECE:

Transport CIP Tauranga based on 16 x 40’ containers

Technical Supervision based on 60 days

Total Amount NZ Dollars $2,288,945.90 $57.22

TECHNICAL SUPERVISION Supervisor charge for 60 days. The actual duration of the construction of the Greenhouse could vary by different factors such as: number and effectiveness of workers and climate conditions. The number of the workers needed for this project vary from 20-50 men, depends on project timing.


14

All the local technical and labor manpower needed for the installation according to

the request of the supervisor. All men power should be professionals. All necessary tools machinery, equipment needed for the installation of the project

at supervisor’s request. The supervisor will organize works, controls and check the progress of installation.

He will inform on time about the needs of labors, engineers, machinery, equipment or tolls and also inform the person in charge at the field.

It is very important that there will be assigned by the buyer a site manager who will help the supervisor in his work and execute professionally the works at the field. This man will be responsible for the management of the local labor.


Redbank, Ledbury, Herefordshire, HR8 2JL | www.haygrove.com | +44 (0)1531 635 969 | [email protected] Reg No. 3266992 | VAT No. 785 8564 63 | Haygrove Tunnels is a trading division of Haygrove Limited

10. SELLER’S WARRANTY/BUYER’S CLAIM

10.1 The Seller warrants that the Goods shall be free from defects in materials or workmanship. Except as set forth in this section 10, the Seller makes no other warranties, express or implied, regarding the Goods or any services performed by the Seller in connection with the Goods and

in delivery shall be made by the Buyer by written notice to the Seller and its carriers within three (3) days of delivery. Claims for breach of warranty shall be made in writing to the Seller within four (4) weeks of the date of delivery. In the event of a claim brought in accordance with this Section 10, the Seller undertakes, at the Seller’s option, to replace, repair or refund the purchase price for those Goods for which the Seller determines a breach of warranty exists or damage has occurred in transit. Such replacement, repair or refund shall be the sole remedy for the Buyer for breach of warranty or Goods that are damaged in transit. Save for personal injury or death for which there is no limit of liability, in no event shall the Seller be liable for any incidental, indirect, consequential or special damages. The Seller’s liability shall be limited to replacement, refund or repair as set forth in this section 10 and the Seller shall not be liable for any claim or loss associated with any consequential or incidental other damages, regardless of their basis, whether in contract or in tort on the part of the Seller, its employees or its agents arising out of or in connection with any defect of the Goods or any act, omission, neglect or default of the Seller, its employees, or agents.

10.2 The Buyer acknowledges that the Seller is required to attend a variety of establishments over which the Seller has no control of the environment or the biological hazard control regime of it. Accordingly the Buyer is responsible for giving the Seller such reasonable direction

relation to the spreading of any disease, virus, infection or other biological hazard (if any) that may present a risk to the Buyer’s livelihood,

or premises howsoever caused.

10.3 Save in respect of personal injury or death for which nothing in these Terms and Conditions shall limit the liability, the Seller’s liability to the Buyer under this agreement shall not exceed £100,000.

11. INDEMNITY

of the Goods that results in direct or indirect infringement of or misappropriation of the intellectual property rights of a third party provided

disassemble, unpack, handle, unload, use and otherwise operate the Goods in accordance with the user manual and other instructions provided,

recognises that the Goods sold hereunder have limitations in their ability to handle extremes in certain types of weather including, without limitation, high winds and heavy snow, and that the Seller shall have no liability associated with damages or loss caused by the Buyer’s failure to follow the Seller’s manuals and instructions for such weather conditions.

12. SUSPENSION OF DELIVERIES

In the event that the Buyer fails to pay and/or defaults in payment of any sum owed to the Seller in accordance with a purchase order and its corresponding invoice, then in addition to any other rights granted to the Seller in Section 7 above, the Seller shall have the right to either suspend all further deliveries until the default is cured or to cancel the Contract so far as any of the Goods remain to be delivered there under.

13. FORCE MAJEURE EVENT

Notwithstanding anything to the contrary contained herein, neither the Buyer nor the Seller shall be liable for any delay or failure to perform under the Contract as a result, in whole or in part, of an event outside the reasonable control of the non-performing party, including without

unfavourable weather, any material becoming unavailable (and irreplaceable whether at all or at commercially acceptable prices), acts of terrorism, acts of war, customs delays and delays resulting from governmental homeland security measures.

14. USE OF SELLER’S EQUIPMENT

In connection with the purchase of the goods by the Buyer hereunder, the Seller may make available to the Buyer certain equipment utilised in connection with hoop bending. In such event, the Buyer acknowledges and agrees that (i) it will provide competent personnel to operate the

have no property right to the equipment as a result of the Buyer’s use of the equipment for hoop bending.

15. INSOLVENCY AND BREACH

In the event that (a) the Buyer shall commit any breach of these terms and conditions and shall fail to remedy such breach (if capable of remedy)

is made or a resolution is passed or analogous proceedings are taken for the winding up of the Buyer (save for the purpose of reconstruction or amalgamation without insolvency and previously approved in writing by the Seller), the Seller shall thereupon be entitled without prejudice to its other rights hereunder forthwith to terminate further deliveries until the default has been made good. Notwithstanding any such termination the Buyer shall pay the Seller for all the Goods delivered up to and including the date of termination.

16. TERMINATION

17. SUB-CONTRACTING AND ASSIGNMENT

but the Buyer shall not.

18. PARTIAL COMPLETION

with Section 15.

19. INTELLECTUAL PROPERTY

19.1 The Buyer acknowledges that any drawings, sketches, quotations and other documents supplied by the Seller with the Goods and the actual design and construction of the Goods constitutes valuable intellectual property of the Seller and, as such, the Buyer agrees not to (a) challenge,

relating to the goods or services provided in connection with the Goods.

19.2.1 Each party undertakes that it shall not at any time during the Contract and for a period of two years after termination of

or suppliers of the other part or of any member of the group to which the other party belongs except as permitted by

holding company from time to time of that party, and any subsidiary from time to time of a holding company of that party.

the party’s rights or carrying out its obligations under or in connection with the Contract. Each party shall ensure that

19.2.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

its obligations under or in connection with this Contract.

20. TOOLS

and remain the property of the Seller.

21. NOTICES

letter post or facsimile transmission.

transmission at the time of transmission.

21.3 Service of notice by e-mail is not permitted.

22. SEVERANCE

If at any time one or more of the provisions of the Conditions is determined by a court of competent jurisdiction to be invalid, illegal or

23. WAIVER AND VARIATION

23.1 No waiver of any breach of any term hereof shall be deemed a waiver of any preceding or succeeding breach of the same or any other term.

24. THIRD PARTY RIGHTS

A person who is not party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of

25. APPLICABLE LAW

The Contract shall be governed by and construed in accordance with the laws of England and Wales. The parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.

1. TERMINOLOGY/DEFINITIONS

1.1 The contract between Haygrove Ltd. ( the “Seller”) and the person whose order for goods (‘Goods’) is accepted by the Seller in accordance with Section 2 below (the “Buyer” or the “Customer”) for the sale and purchase of the Goods formed in accordance with Section 2 below (the “Contract”) shall be upon and subject to these terms and conditions of sale (“Conditions”) to the exclusion of all other terms and conditions,

[1.2] below.

and the Seller.

1.2 Neither party may introduce any additional terms or attempt to vary or otherwise modify these Conditions without the mutual agreement of both parties in writing, signed by a director of each party.

joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency of state or any other entity (in each case whether or not having separate legal personality) and references to any gender include every gender. References to the singular include the plural and vice versa.

2. PLACEMENT AND ACCEPTANCE OF ORDERS

2.5 Unless otherwise expressly provided for in a quotation, any quotation is valid for a period of 28 days only from its date, provided the Seller has not previously withdrawn it. This period of validity may be reduced by the Seller in periods of high volatility in raw material and foreign exchange markets.

3. CANCELLATION

Subject to Section 12, the Contract or any part of it may only be cancelled by agreement of the Buyer and the Seller in writing. Where such cancellation renders preparatory work done or expenditure incurred by the Seller abortive (to meet the Buyer’s requirements) a cancellation charge shall be payable. This shall be equal to the cost of such preparatory work and the amount of such expenditure including, but not limited to, the transport and recovery of any materials delivered.

4. PRICE AND SPECIFICATION

quotation was not sought or has expired, in the acceptance of order form. The price is exclusive of Value Added Tax which shall be charged to the Buyer at the rate applicable at the date of invoice, and any other taxes (including without limitation excise taxes or import or export duties) relating to the sale, use or the delivery of the Goods also shall be charged to the Buyer. In the event the Buyer believes that it is exempt from obligations to pay such taxes, the Buyer shall demonstrate such exemption to the Seller’s reasonable satisfaction. Prices quoted are in sterling unless otherwise agreed. The Buyer shall reimburse the Seller on demand for any expense incurred on the conversion of foreign currencies, bank charges, presenting and/or processing of any payment or otherwise resulted in obtaining sterling funds on the sum due.

4.2 Notwithstanding Section 4.1, Goods are supplied at the price current on the date of delivery. The Seller therefore reserves the right, by giving written notice to the Buyer at any time before delivery, to increase the price of the Goods as stated in a quotation or acceptance of order form

delay caused by the instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions) provided that the

indemnify the Seller against all liabilities, costs, expenses, damages and losses, (including any direct or indirect consequential losses, loss of

connection with any claim made against the Seller for actual or alleged infringement of a third party’s intellectual property rights arising out of

5. DELIVERY

date is not guaranteed. The Seller shall in no case be liable for damages nor shall the Buyer have any right to rescind the Contract for any delay in delivery. Notwithstanding any other provision herein contained, the Seller may at its option deliver the Goods to the Buyer by instalments. Where the Goods are delivered by instalments each such instalment shall be deemed to be sold or supplied under a separate Contract to which

any other instalments. If the Buyer shall refuse delivery of any Goods made during normal shipment acceptance hours the Buyer shall pay all of the Seller’s cost associated with such failure to accept the shipment, including, without limitation, any damages expenses or costs relating to loading or unloading of the shipment.

is earlier.

6. RISK

The risk in respect of all the Goods supplied under these terms and conditions shall pass to the Buyer upon the delivery of the Goods to the Buyer, or where relevant, to the third party import agent.

7. RETENTION OF TITLE

7.1 Notwithstanding that risk in the Goods shall pass to the Buyer in accordance with clause 6, title to the Goods (whether separate and

7.1.3 of any other monies due from the Buyer to the Seller on any account.

7.2.2 Not attach the Goods to real property without the Seller’s consent.

7.3 Any resale by the Buyer of Goods in which property has not passed to the Buyer shall (as between the Seller and the Buyer only) be made by the Buyer as agent for the Seller.

7.4 Goods shall be deemed sold or used in the order delivered to the Buyer.

7.5 At any time before title to the Goods passes to the Buyer (whether or not any payment to the Seller is then overdue or the Buyer is otherwise

7.5.1 retake possession of all or any part of the Goods and enter any premises for that purpose (or authorise others to do so)

7.5.2 require delivery of all or any part of the Goods.

Buyer.

7.7 The Seller shall have no obligation to perform under a signed quotation and no Contract shall be formed unless and until it is acknowledged

accordance with Section 8 below will be promptly refunded to the Buyer by the Seller.

8. TERMS OF PAYMENT

Unless otherwise agreed and stated on the Quotation Summary or Invoice, the Buyer shall pay 50% of the price of the Goods as a deposit due

the Seller’s quotation, prices shall not include, and the Seller shall invoice the Buyer separately, for charges for services provided by the Seller, including without limitation training and hoop bending. Where the Goods are delivered in instalments the Buyer shall be obliged to pay for each instalment upon the terms set forth above. In the event the Buyer has not made timely payment in accordance with this Section 8, the Seller shall be entitled to interest on that part of the purchase price not yet paid at the rate of the lesser of (a) 4% of the unpaid balance owed to the

remedies available to the Seller, including without limitation the right to repossess and/or resell the Goods in accordance with Section 7. In the case that non timely payment is made in accordance with section 8, this can result in the delay of shipment of Goods.

9. TOLERANCES

be accepted by the Buyer, who shall not be entitled to reject any Goods or to require replacement of any Goods on the ground that they are


Appendix 3

Direction Traffic Design Limited Traffic Assessment/

NZTA consult letter


A G E N D A - Hauraki District Council

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