IN THE ENVIRONMENT COURT
AT CHRISTCHURCH
I TE KOTI TAIAO O AOTEAROA
KI OTAUTAHI
Decision 1-..J"o. [2023] NZEnvC 122
IN THE MATIER of the Resource Management Act 1991
AND an appeal under s120 of the Act
BETWEEN WILLIAM JOHN MORRISON
(ENV-2019-CHC-130)
Appellant
AND DUNEDIN CITY COUNCIL
Respondent
Environment Judge PA Steven - sitting alone under s279 of the Act
In Chambers at Christchurch
Date of Consent Order: 14 June 2023
CONSENT ORDER
A: Under s279(1)(b) of the Resource Management Act 1991, the Environment
Court, by consent, orders that:
(1) the appeal is allowed to the extent that resource consents SUB-2019-
83 and LUC-2019-383 are granted subject to the conditions set out in
Annexure 1, attached to and forming part of this order; and
(2) the appeal is otherwise dismissed.
\X!ILLIAMJOHN MORRISON v DCC- CONSENT ORDER
2
B: Under s285 of the Resource Management Act 1991, there is no order as to
costs.
REASONS
Introduction
[1] This proceeding concerns an appeal by Mr William John Morrison against
the decision of the Dunedin City Council to decline the application for subdivision
and land use consents SUB-2019-83 and LUC-2019-383. These consents would
authorise the subdivision ofland at 307 Wakari Road, Dunedin ('the property') 1 to
create an additional lot for the establishment of a dwelling on the proposed
building site.
[2] I have read and considered the consent memorandum of the parties dated
7 June 2023, that states in light of the Variation 2 rezoning of the property to
General Residential 1 and the Helensburgh Structure Plan Mapped Area and New
Development Mapped Area the parties have agreed to updated consent conditions
for Subdivision SUB-2019-83 and Land Use LUC-2019-383.
Other relevant matters
[3] No other person has given notice of an intention to become a party to this
appeal under s27 4 of the Act.
[4] The parties agree that costs should lie where they fall and accordingly no
order for costs is sought.
[5] The parties advise that all matters proposed for the court's endorsement
fall within the court's jurisdiction and conform to the relevant requirements and
1 Legally described as Lot 1 Deposited Plan 21445 (Record of Title OT13B/416).
3
objectives of the Act including, in particular, Pt 2.
Outcome
[6] All parties to the proceeding have executed the memorandum requesting
the orders. On the information provided to the court, I am satisfied that the orders
will promote the purpose of the Act so I will make the orders sought.
PA Steven
Environment Judge
Annexure 1
Subdivision SUB-2019-83
That pursuant to section 34A(1) and 1048 and after having regard to sections 104 and
1040 of the Resource Management Act 1991, and the District Plan and Proposed Plan,
consent is granted to the non-complying activity for the subdivision of the land legally
described as Lot 1 DP 21445 (RT OT13B/416) into two Jots at 307 Wakari Road, Dunedin.
1. The proposal shall be given effect to generally in accordance with the plan
prepared by Paterson Pitts Group entitled, 'Residential Development Subdivision
Scheme Plan,' attached to this consent as Appendix One, and the accompanying
information submitted as part of SUB-2019-83 received by Council on 26 July 2019,
except where modified by the following:
2. Prior to certification of the survey plan pursuant to section 223 of the Resource
Management Act 1991, the applicant shall ensure the following:
a) If a requirement for any easements for services is incurred during the
survey then those easements shall be granted or reserved and included
in a Memorandum of Easements on the survey plan.
3. Prior to certification pursuant to section 224(c) of the Resource Management Act
1991, the applicant shall complete the following:
a) Each Jot shall have a separate service connection installed. An
"Application for Water Supply" shall he submitted to the Dunedin City
Council for approval to establish a water connection to Lot 2. Details of
how this Jot is to be serviced for water shall accompany the "Application
for Water Supply".
b) The water supply pipe from the newly installed water connection shall be
laid at least 600mm into new Lot 2. An RPZ boundary backflow
prevention device shall be installed on the water connection, to the
satisfaction of Three Waters (refer to advice note).
c) A water meter and RPZ boundary baiekflow prevention device must be
installed on the existing water connection to Lot 1, to the satisfaction of
Three Waters (refer to advice note).
d) That a diagram of the building platform for Lot 2 be prepared. The
platform must be 20m by 30m, and be clearly dimensioned including
measurements from adjacent boundaries. The diagram must be labelled
as the building platform for Lot 2, and must be attached to the consent
notice of condition 3(f) below.
w •. 2003294 I 7962487v1 page 2
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e) That a consent notice must be prepared for registration on the title of Lot
1 for the following on-going condition:
When reticulated service infrastructure for wastewater is
available to the site, the on-site wastewater disposal for the
existing dwelling must be replaced by an approved connection
to the sewer system.
f) That a consent notice must be prepared for registration on the title of Lot
2 for the following on-going conditions:
Development for this site is restricted to a single residential unit,
with any residential accessory buildings, to be fully contained
within the building platform as shown on the attached plan, until
reticulated service infrastructure for wastewater is available to
the site and an overall plan for a multi-unit residential activity
and/or further subdivision is approved by Council in accordance
with the Structure Plan Mapped Area for Helensburgh and
relevant requirements for New Development Mapped Areas in
the Second Generation Dunedin City District Plan.
When reticulated service infrastructure for wastewater is
available to the site, any on-site wastewater disposal for a
dwelling must be replaced by an approved connection to the
sewer system.
Land Use LUC-2019-383
That pursuant to section 34A(1) and 104B and after having regard to sections 104 and
1040 of the Resource Management Act 1991, and the District Plan and the Proposed
Plan, consent is granted to a non-complying activity being the establishment of new
residential activity, and existing residential activity, on the Lots 1 and 2 SUB-2019-83 at
307 Wakari Road, Dunedin.
1. The proposal shall be given effect to generally in accordance with the plan
prepared by Paterson Pitts Group entitled, 'Residential Development Subdivision
Scheme Plan,' attached to this consent as Appendix One, and the accompanying
information submitted as part of LUC-2019-383 received by Council on 26 July
2019, except where modified by the following:
2. That this consent only authorises one residential unit on each of Lots 1 and 2
SUB-2019-83.
2003294 I 7962487v1 page 3
3. Access to the building platform of Lot 2 must be formed to a minimum width of
4.0m and a vertical clearance of not less than 4.0m high to ensure that the New
Zealand Fire Service appliances have sufficient vehicular access to the properly.
4. All aspects relating to the availability of water for fire-fighting on Lot 2 must be in
accordance with SNZ PAS 4509:2008, being the Fire Service Code of Practice
for Fire Fighting Water Supplies, unless otherwise approved by the New Zealand
Fire Service.
Advice Notes:
Infrastructure
1. All aspects of this development shall be compliant with Parts 4, 5 and 6 of the
Dunedin Code of Subdivision and Development 2010.
2. Detail of the water supply application process can be found at
http://www.dunedin.govt.nz/services/water-supply/new-water-connections.
3. Installation of a boundary backflow prevention device requires a building consent,
or an exemption from a building consent before the device is installed. Once the
device is installed the 3 Waters Group must be advised so the installation can be
approved. Further information is available at
http://www.dunedin.govt.nz/serviceslwater-supply/backflow.
4. All aspects relating to the availability of water for fire-fighting should be in
accordance with SNZ PAS 4509:2008, being the Fire Service Code of Practice
for Fire Fighting Water Supplies, unless otherwise approved by the New Zealand
Fire Service.
Transportation
5. ft is advised that, in the event of future development of Lot 2, Transport will assess
the provisions for access, parking and manoeuvring at the time of resource
consent or building consent application.
6. The vehicle crossing, between the road carriageway and the properly boundary,
is within legal road and will therefore require a separate vehicle entrance approval
from DCC Transport to ensure that the vehicle crossing is constructed in
accordance with the Dunedin City Council Vehicle Entrance Specification (note:
this is not included as part of the resource consent process).
7. It is advised that Council may require the existing vehicle crossing to proposed
Lot 1 to be upgraded in the future, if its continued use results in
safety/maintenance issues with respect to public roading infrastructure.
200329417962487v1 page 4
8. Any new access connecting to Wakari Road is required to comply with Rule
6. 6. 3. 2(b) - sight distances.
Earthworks
9. No consent for subdivision earthworks (i.e. the forming of the access to Lot 2)
has been provided or assessed as part of this subdivision consent. Land use
consent might be required, and if so, should be obtained prior to any soil
disturbance on-site occurring.
10. The following documents are recommended as best practice guidelines for
managing erosion and sediment-laden run -off:
• Environment Canterbury, 2007 "Erosion and Sediment Control Guideline
2007'' Report No. R06/23.
• Dunedin City Council "Silt and Sediment Control for Smaller Sites"
(information brochure).
11. Earthworks for future development of the new lots will need to comply with the
following or a further resource consent may be required:
• All walls retaining over 1.5m, or a surcharge I slope, including terracing,
require design, specification and supervision by appropriately qualified
personls.
• Where the long-term stability of other's land or structures may rely upon the
continued stability of retaining works, the designer must confirm that the
retaining structure can be safely demolished following a complete design
fife without creating hazards for neighbouring properties.
• Any earth fill over 0.6m thick supporting foundations must be specified and
supervised by a suitably qualified person in accordance with NZS 4431-
1989 Code of Practice for Earthfilf for Residential Development.
• Slopes may not be cut steeper than 1:1 (45°) without specific engineering
design and construction.
• Slopes may not be filled steeper than 2h:1v (27°) without specific
engineering design and construction.
• As-built records of the final extent and thickness of any un-engineered fill
should be recorded.
• Any modifications to stormwater flow or new culverts shall be designed by
appropriately qualified personls and ensure that overland stormwater flows
are not interrupted and not increase any adverse effects from local ponding
during storm rainfall events.
National Environmental Standard for Assessing and Managing Contaminants in Soil to
Protect Human Health
12. Soil testing by a suitably qualified person is recommended to verify that the site
does not contain any soi/ contaminants likely to affect human health. The status
of the land in terms of the Resource Management (National Environmental
Standard for Assessing and Managing Contaminants in Soil to Protect Human
Health) Regulations 2011 (NESCS) is unconfirmed, as in the absence of
evidence to the contrary, it is possible that pesticides or other agricultural
2003294 I 7962487v 1 page 5
chemicals may have been used as part of the1 herb farm activity. Alternatively,
residential development could be subject to a requirement that food grown on the
site be confined to raised planter beds with imported clean soil to avoid the risks
from the presence of any potential contaminants.
General
13. To enable compliance with the provisions of the Structure Plan Mapped Area and
New Development Mapped Area, it is recommended that the owner of Lot 2
consult with owners of adjacent land within the mapped area regarding the
development or roading and service infrastructure. Further, it is anticipated that
a Storm water Management Plan for the development of this area will be required
to address the management of the over.all mapped area, to ensure a
comprehensive approach to development.
14. In addition to the conditions of a resource consent, the Resource Management
Act 1991 establishes through sections 16 and 17 a duty for all persons to avoid
unreasonable noise, and to avoid, remedy or mitigate any adverse effect created
from an activity they undertake.
15. Resource consents are not personal property. The ability to exercise this consent
is not restricted to the party who applied and/or paid for the consent application.
16. It is the responsibility of any party exercising this consent to comply with any
conditions imposed on the resource consent prior to and during (as applicable)
exercising the resource consent. Failure to comply with the conditions may result
in prosecution, the penalties for which are outlined in section 339 of the Resource
Management Act 1991.
17. The lapse period specified above may be extended on application to the Council
pursuant to section 125 of the Resource Management Act 1991.
18. This is a resource consent. Please contact the Council's Building Services
Department, about the building consent requirements for the work.
19. Clause G13.3.3-of the Building Regulations 1992 (Foul Water) requires that
where a sewer connection is available, the drainage system shall be connected
to the sewer, and the connection shall be made1 in a manner that avoids damage
to the sewer and is to the approval of the network utility operator. This will apply
to any development on Lots 1 and 2 once a rnticulated sewer is established to
serve the New Development Mapped Area containing the subject site.
2003294 I 7962487v1 page 6
Appendix One
Approved Plan of Subdivision - SUB-2019-83
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2003294 I 7962487v1 page 7
