Find out about the consents for 30 Benmore Crescent.
The site at 30 Benmore Crescent, Manor Park has historically remained an undeveloped area comprising abandoned buildings, large grassed areas, and limited recreation amenities such as walking and cycling tracks. It was also previously utilised as a site for agricultural production, and the site of housing for railway workers during the construction of the Wairarapa Rail Line. Per the Operative District plan, this site is zoned 'General Rural'. Hutt City Council (HCC) has received three resource consent applications relating to the development of the site at 30 Benmore Crescent, Manor Park (henceforth referred to as 'the site'). These consent applications are as follows:
Land use consent for bulk earthworks and construction of site office premises.
Consent application RM220258 was received by HCC on 01/08/2022 and was subsequently approved on 21/12/2022. This consent relates to bulk earthworks and the establishment of temporary site office facilities.
The resource consent decision and approved plans can be found here -
Need for resource consent
Rules under the Operative District Plan which triggered the need for consent included:
- Rule 14H 2.1.(a) – the construction of a site office building which was located within 20m of the Wellington Fault Special Study Area; and
- Rule 14I 2.2(a) – earthworks which exceeds permitted activity allowances for volume and depth.
Additionally, consent was also sought under the same application per the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NESCS) Regulations 2011 as below –
- Regulation 10 – soil disturbance which cannot comply with Regulations 8 or 9, which satisfies conditions 10(2)(a) – (d)
The proposal was assessed as being a restricted discretionary activity under Rules 14H 2.1(a) and 14I 2.2(a) of the District Plan, and Regulation 10 of the NESCS.
As a restricted discretionary activity, this meant that Council could only assess, request information, and impose conditions relating to those matters to which discretion was restricted. These were:
- Safe separation distance of buildings from the Wellington Fault
- Earthworks effects, relating to amenity values, existing natural features and topography, historical or cultural significance, and natural hazards
- Regarding NESCS consent –
- The adequacy of the Detailed Site Investigation
- The suitability of the piece of land for the proposed activity, given the amount and kind of soil contamination
- The approach to the remediation or ongoing management of the piece of land
- The adequacy of the site management plan or the site validation report or both
- The transport, disposal, and tracking of soil and other materials taken away in the course of the activity
- The requirement for and conditions of a financial bond
- The timing and nature of the review of the conditions in the resource consent.
- The consent duration
Assessment Process
In addition to core information requirements for resource consents as required under Schedule 4 of the Resource Management Act (RMA), the application submitted supporting technical assessments in relation to –
- Archaeological effects
- Soil contamination and management
- Erosion and sediment control
- Natural hazards – flooding
- Natural hazards – geotechnical
- Ecological effects
These were assessed by the HCC processing planner, with support from in-house subject matter experts. A site visit was undertaken, and further information was requested from the applicant to ensure HCC had all information needed to assess effects from the proposal within the scope of the assessment matters listed above.
HCC consequently determined that, when considering all mitigation measures proffered by the applicant, effects from the proposal were less than minor on the environment and on all persons eligible for consideration under s95E. This meant the consent was processed on a non-notified basis.
Effects were overall deemed acceptable under s104 of the RMA and consent was approved subject to resource consent conditions. A full list of these conditions can be found in Section 7 of the resource consent decision linked above.
Exclusions
The proposal successfully demonstrated compliance with HCC’s rules relating to –
- Construction and demolition noise
- Construction and demolition vibration
- Traffic and vehicle movements
- Vegetation clearance
Consequently, these activities did not require resource consent and are to be undertaken in accordance with District Plan rules. It is noted that the Operative District Plan anticipates and provides for some additional noise emissions throughout construction and demolition activities, in accordance with NZS 6803P "Measurement and Assessment of Noise from Construction, Maintenance and Demolition Work", however this generally limits working hours to between 7.30am – 5pm Monday – Saturday with the exception of site preparation works which may commence from 6.30am.
FAQ
- I think I am affected by the development – why wasn’t I formally notified of this consent? A notification assessment is a legal decision undertaken in accordance with the requirements of the RMA. When assessing whether any person will be affected by a proposal, Council must take into consideration factors such as separation distances, expected amenity outcomes based on surrounding activities and zoning, mitigation put forward by the applicant, and duration of an effect. For this consent, the processing planner determined that no persons would be affected by the proposal to a degree that met the test for formal notification.
- Will the earthworks impact flooding to my property or surrounding areas? The development has been designed to contain all flood and stormwater effects internal to the site. A flood assessment report prepared by River Edge Consulting Limited demonstrated that the proposal will not result in flooding which will affect the wider community.
- I am concerned about asbestos and other contaminants. Prior to lodgement of the consent, a Detailed Site Investigation was conducted and concluded that concentration of asbestos fibres and other contaminants were all below human health thresholds. Several controls have been put in place for the removal of contaminated soils and remediation of the site in accordance with WorkSafe and BRANZ guidelines.
- I am concerned that the development is in breach of the District Plan or the consent conditions. Regular site inspections and monitoring events will be taken to ensure compliance with resource consent conditions and the District Plan. If you suspect there is activity occurring which does not comply with the District Plan or the conditions of this consent RM220258 please contact enforcement@huttcity.govt.nz.
- Who can I contact about this consent? For general enquiries, you can contact HCC’s resource consents team via resource.consents@huttcity.govt.nz or 0800 488 824. The consent holder (Rosco Ice Cream Limited) can also be contacted directly via Richard Burrell at richard@building-solutions.co.nz or 029 244 1913.
Land use consent for bulk earthworks relating to construction of roading and civil infrastructure.
Consent application RM230018 commenced processing by HCC on 10/02/2023. This consent relates to land use consent for bulk earthworks relating to construction of roading and civil infrastructure. It is still being processed by HCC and no decision has been made regarding notification or its approval.
The initial resource consent application and plans submitted for assessment can be found here: Application and Plans |
The s.92(1) request for further information and the s.92(2) request for technical review can be found here: s.92(1) & s.92(2) request |
On the 11th of August 2023, Hutt City Council received the following information from the applicant:
Council had commissioned a peer review of the supplied traffic report. The applicant also requested the application be placed on hold for consultation with both Waka Kotahi and Kiwirail. |
| On the 16th of October 2024, Hutt City Council received an amended application with an updated Assessment of Environmental Effects and updated plans, which can be found here: Amended Application and Plans |
On the 31st of October 2024, the New Zealand Transport Agency issued written approval for the proposal. We received this written approval letter on the 1st of November, 2024. You can view the document here: NZTA Written Approval |
| On the 20th of November 2024, Kiwirail issued written approval for the proposal. You can view the document here: Kiwirail Written Approval |
Need for resource consent
Rules under the Operative District Plan which triggered the need for consent included:
- Rule 14I 2.2(a) – earthworks which exceeds permitted activity allowances for volume and depth.
- Rule 13.3.1.38 – The construction, alteration or diversions of roads, excluding any such construction works which is part of a subdivision.
Additionally, consent is also sought under the same application per the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NESCS) Regulations 2011 as below –
- Regulation 9 – a change in use of a potentially contaminated site, which cannot meet Regulation 8 but satisfies the condition for a controlled activity under Regulation 9(3).
Consent has hence been sought as a restricted discretionary activity under Rule 14I 2.2(a) of the District Plan, a discretionary activity under Rule 13.3.1.38 of the District Plan and as a controlled activity under Regulation 9 of the NESCS.
Assessment Process
- Processing of this consent is currently paused pending further information and for consultation with KiwiRail and Waka Kotahi as the relevant authorities for works within their designation areas.
- Additional information has also been sought from the applicant to ensure HCC has sufficient information to correctly identify all non-compliances with the District Plan, and to assess effects of these on people and the environment.
- Council’s development engineers will also be assessing the proposed infrastructure servicing arrangement and capacity, in conjunction with Wellington Water Limited.
- Once all information is supplied HCC will follow the established legal process to determine whether the consent will be notified under s95 of the RMA, and whether it will be approved in accordance with s104 of the RMA.
Who can I contact about this consent?
- For general enquiries, you can contact HCC’s resource consents team via resource.consents@huttcity.govt.nz or 0800 488 824.
- The consent applicant (Rosco Ice Cream Limited) can also be contacted directly via Richard Burrell at richard@building-solutions.co.nz or 029 244 1913.
Land use consent for the construction of a resource recovery park, including ancillary retail, commercial, and industrial activities.
Consent application RM230019 commenced processing by HCC on 01/02/2023. This consent relates to land use consent for the construction of a resource recovery park, including ancillary retail, commercial, and industrial activities. It is still being processed by HCC and no decision has been made regarding notification or its approval. The proposal site layout is shown below.
The resource consent application and plans submitted for assessment can be found here –
The s.92(1) request for further information and the s.92(2) request for technical review can be found here - s.92(1) & s.92(2) request
On the 14th of August 2023 Hutt City Council received the following information from the applicant:
- Additional comments & a cover letter with the below attachments:
- Assessment of Environmental Effects - Addendum
- Landscaping and Visual Amenity Assessment - Addendum
- Light Spill Assessment
- Letter from Ngā Toa
- Noise and Vibration Letter
- Draft Odour Management Plan
- Air Quality Assessment
- Signage Plans
- Stormwater Plans
- A Response to Traffic Questions, including:
- Updated Architectural Plans
Council has commissioned a peer review of the Traffic and Landscaping and Visual Assessment Report.
It has not yet been confirmed if the above response satisfies the information request by Council under S92(1).
Need for resource consent
The applicant has submitted that the proposal will require resource consent as a non-complying activity under HCC’s Operative District Plan. A non-complying activity status is the most onerous activity status that Council can approve resource consent applications for. To approve consent for a non-complying activity, HCC must be satisfied that the proposal meets one (or both) of the following tests under s104D of the RMA –
- All adverse effects from the activity on the environment will be no more than minor; and/or
- The proposed activity will not be contrary to the objectives and policies of the Operative District Plan or Proposed District Plan
The applicant has submitted that the proposal can satisfy both of these tests, being that all effects are no more than minor, and the proposal is not contrary with the relevant objectives and policies of the planning framework.
Assessment Process
This consent application has many technical components which require close examination by the HCC consent processing officer and subject matter experts.
Processing of this consent is currently paused pending the submission of assessments on visual effects, lighting, hours of operation, vibrations, staffing numbers, odour controls, and proposed signage. HCC has also sought external peer reviews of information submitted by the applicant, notably regarding transport and noise effects and mitigation measures.
Once all information is supplied HCC will determine whether the consent will be notified under s95 of the RMA and whether it will be approved in accordance with s104 of the RMA. These assessments will follow established legal process.
At present, there is insufficient information available to HCC to make any judgements regarding potential notification of this consent or whether the consent will ultimately be approved.
FAQ
- I think I am affected by the development – will I be consulted or invited to make a submission on this consent?
- Who can I contact about this consent?
A notification assessment is a legal decision. When assessing whether any person will be affected by a proposal, Council must take into consideration factors such as separation distances, expected amenity outcomes based on surrounding activities and zoning, mitigation put forward by the applicant, and duration of an effect.
It is noted that the applicant undertook consultation with Ngāti Toa, Taranaki Whanui, Waka Kotahi, and KiwiRail representatives prior to lodgement of consent. While HCC encourages applicants to consult with community members prior to lodging any resource consent application, this is not required under the RMA.
Once HCC has all information deemed necessary to make a complete assessment of the proposal, effects on the environment and persons will be assessed. When considering potential public notification, if effects on the environment are assessed as being ‘more than minor’ per s95D, the consent will be publicly notified, and any person or group can make a submission on the consent.
When assessing the proposal for limited notification per s95E of the RMA, if any person eligible for consideration is found to be affected to a degree that is ‘minor’ or greater, they will be invited to formally make a submission on the resource consent application.
For general enquiries, you can contact HCC’s resource consents team via resource.consents@huttcity.govt.nz or 0800 488 824. The consent applicant (Waste Management (NZ) Limited) can also be contacted directly via their agent Angela Goodwin at angela@potentialis.co.nz or 021 844 374 or directly via Sarah Whiteman at Swhiteman@wastemanagement.co.nz or 027 296 1067.
Greater Wellington Regional Council
Resource consent WGN230031 has been granted from Greater Wellington Regional Council (GWRC) for the proposed development. No other consents have been lodged with GWRC relating to this site. As a regional consenting authority, GWRC is responsible for assessing environmental effects relating, but not limited, to:
- Bulk earthworks (greater than 0.3 hectares in area)
- Vegetation clearance on erosion-prone land
- Discharges to land, air and water
- Water takes
HCC is liaising with GWRC to ensure that a complimentary approach to assessing and managing the development is taken where there is a cross-over in jurisdictional responsibility (for example, earthworks and odour effects). GWRC’s earthworks assessment focusses on effects relating to soil conservation, sedimentation of waterways, and ecological habitats, whereas HCC’s earthworks assessment relates more to amenity, cultural, historical, and natural hazard effects.
If the earthworks are not managed appropriately then sediment may enter the neighbouring stream and cause adverse environmental affects and damaging the health of the flora and fauna in the waterway.
For enquiries relating to consents being processed by GWRC for the development of the site, please contact info@gw.govt.nz or call 0800 496 734.