Mixed use development: 6 Apartment Units and Ground Floor Retail

Mixed use development: 6 Apartment Units and Ground Floor Retail 401 Parnell Road, Parnell Resource Consent Application and Assessment of Effects on the Environment 01/04/2016 Our ref: 24097 Envivo Limited PO Box 109 207, Newmarket, Auckland 1149 envivo.co.nz Auckland Christchurch Unit G18, Zone 23, 23 Edwin Street, Mt Eden, Auckland Level 1, 39 Carlyle Street, Sydenham, Christchurch ph (09) 630 9512 fax (09) 630 9613 ph (03) 928 1185 fax (03) 928 1186

Project Review Signed Dated Author: Joseph Zou 01/04/2016 Reviewer: James Hook 15/04/2016

TABLE OF CONTENTS 1. 0 I N T R O D U C T I O N..................................................................... 1 1.1 Overview of Proposed Development... 1 1.2 Application Details... 1 2. 0 S I T E A N D N E I G H B O U R H O O D..................................................... 3 2.1 The Application Site... 3 2.2 The Neighbourhood... 4 3. 0 S T A T U T O R Y M A T T E R S............................................................. 5 3.1 Operative Auckland District Plan-Isthmus Section... 5 3.2 Proposed Auckland Unitary Plan (PAUP)... 6 3.3 Reasons for Consent... 7 4. 0 T H E P R O P O S A L...................................................................... 7 5. 0 A S S E S S M E N T O F E F F E C T S O N T H E E N V I R O N M E N T........................ 1 1 5.1 Resource Management Act 1991... 11 5.2 Assessment... 12 5.3 Summary of Effects... 17 6. 0 N O T I F I C A T I O N A S S E S S M E N T A N D D E T E R M I N A T I O N...................... 1 7 6.1 Statutory Matters... 17 6.2 Adverse Effects on the Environment (Section 95A and 95D)... 18 6.3 Potentially Affected Persons (Section 95E)... 18 6.4 Special circumstances (Section 95A(4))... 20 6.5 Recommendation... 20 01/04/2016 Page i

APPENDICES A P P E N D I X 1 : A P P E N D I X 2 : A P P E N D I X 3 : A P P E N D I X 4 : A P P E N D I X 5 : A P P E N D I X 6 : A P P E N D I X 7 : A P P E N D I X 8 : C E R T I F I C A T E O F T I T L E P R O P O S E D A R C H I T E C T U R A L D R A W I N G S D E S I G N S T A T E M E N T S P E C I A L C H A R A C T E R A S S E S S M E N T T R A F F I C R E P O R T P R E - A P P L I C A T I O N M E E T I N G M I N U T E S P L A N N I N G S U M M A R Y W A T E R C A R E E M A I L 01/04/2016 Page 2

1. 0 I N T R O D U C T I O N 1.1 Overview of Proposed Development The Applicant, Skirmantas Saltiss, seeks land use resource consent for a mixed use development at 401 Parnell Road, Parnell, legally described as Lot 10 DP 1967 (CT- NA97/193).The proposal involves: Removal of the existing single storey commercial building (identified as Character Supporting under the Parnell Centre Plan); Establishment of a new four storey mixed use building (with associated commercial and residential activities) that comprises of: o o o o Ground floor: 1 retail unit (76m²), and 10 car parking spaces with associated turning area; Upper floors: 6 residential units (2 units on each level); New vehicle crossing to Parnell Road. New veranda. Full details of the proposal are provided in section 5.0 below. The proposed activity requires consent as a Discretionary Activity under the Auckland Council District Plan: Isthmus Section. The reasons for the application are set out fully in section 4.0 below. 1.2 Application Details Site Address 401 Parnell Road, Parnell Legal Description Lot 10 DP 1967 Site Area 336m² District Plan Zoning Centre Plan Road Classification PAUP Zone PAUP Overlays Auckland Council District Plan: Isthmus Section Business-2 C 09-51 Parnell Centre Plan (Character Support Building) District Arterial Road Town Centre-Parnell Infrastructure: Parking- City Centre Fringe Area Infrastructure: High Land Transport Route Noise Built Environment: Building Frontage-Key Retail Frontage Built Environment: Special Character-Business Parnell Additional Zone Height Controls: Additional Height Controls-Parnell-12.5m/3 storey 01/04/2016 Page 1 of 24

Figure 1: Operative District Planning Map C-10: Subject site is zoned Business-2. Figure 2: Operative District Planning Map C-10: The site is subject to veranda control (B: 06 06). Figure 3: Subject building identified as Character Supporting and is located on the southern edge of the Centre Plan, which is a narrow strip fronting Parnell Road. Source: Parnell Centre Plan Section C4-Page 5. Figure 4: Site s aerial photo showing existing development, contour and service connections. Source: Auckland Council GIS. Address for Service Skirmantas Saltiss c/ Envivo Ltd PO Box 109 207 Newmarket Auckland 1149 Attention: Joseph Zou 01/04/2016 Page 2 of 24

2. 0 S I T E A N D N E I G H B O U R H O O D 2.1 The Application Site The site is located at 401 Parnell Road, Parnell, and is legally described as Lot Lot 10 DP 1967. It is zoned Business 2 under the Operative District Plan with an area of 336m² on virtually flat land. It adjoins Residential 7 zoned land to the West; Business 2 zoned sites along its North and South boundaries; and fronts Parnell Road to the East. The existing development comprises of a single storey commercial building (with existing veranda) that was established in the 1920s. The building platform occupies the front half of the section with the rear half being used as parking spaces. The whole site has been paved with no established trees. Vehicular access to the site is via the driveway of No. 407 Parnell Road under informal access agreement. There is no right of way (easement) agreement on the property Certificate of Title; refer to Appendix-1: Certificate of Title. Therefore, a new vehicle crossing to Parnell is proposed for this development as owner of No. 407 Parnell Road does not agree to continue providing access provision to service the proposed development. The building is currently used as a retail (fashion) shop, refer to Figure 5-6. There is a street light and P5 street parking adjacent to the shop frontage. There is no loading bay provided to the shop. The existing building is identified as a Character Support Building under the Parnell Centre Plan centre plan). It is not identified as a scheduled item in Appendix 1 1 of the Operative Auckland District Plan-Isthmus Section (operative plan). It is not recognised as a scheduled item and is not subject to pre-1940 demolition control under the Proposed Auckland Unitary Plan (PAUP). In terms of registration, neither the site nor the building is registered under Heritage New Zealand Act Pouhere Taonga 2014. The rear boundary adjoins a 4-storey apartment building on Western adjoining site (zoned Residential 7). The northern side boundary adjoins another 4-storey apartment building on northern adjoining site (zoned Business 2). These apartment units have habitable windows and balconies close to the site; refer to Figure 7-8. Figure 5: Google street view of existing single storey commercial building and veranda. 1 Schedule of buildings, objects, heritage properties or places of special value and those subject to heritage orders. 01/04/2016 Page 3 of 24

Figure 5: Existing P-5 parking spaces on Parnell Rd. in front of the site. Figure 8: Existing 4-storey apartment to the West of the site on Residential 7 zoned property. Figure 7: East façade of the existing 4-storey apartment to the North of the site on Business 2 zoned property. 2.2 The Neighbourhood The subject site is located on the southern edge of the Parnell Centre Plan, refer to Figure-3. It is noted that sites on the opposite side of the Parnell Road are not included in the Centre Plan. The built character in this neighbourhood is characterised by a mix in style and scale: ranging from traditional colonial style buildings, to contemporary buildings with modern architectural design and materials, refer to Figure 9-12. Land use activities also appear to be diversified to include retail, restaurant, café, and mixed use with residential activities on upper levels. The immediate site context is consistent with overarching Parnell Character as described in the centre plan, being an eclectic mix of varieties in land use and built form. Figure 9: 4-storey mixed use apartment building to the North of the site with new veranda, and contemporary architectural design and materials. Figure 10: The strip of Parnell Road viewed towards South with subject site on the right and Trinity Church on the far side. 01/04/2016 Page 4 of 24

Figure 11: Trinity Church, a contemporary alteration with modern concept. Figure 12: New 4-storey mixed use apartment opposite the Character Defining building on the right. Note modern design and materials. 3. 0 S T A T U T O R Y M A T T E R S The proposal seeks to remove the existing character supporting building and replace it with a contemporary four storey mixed-use complex. Relevant district plan controls relate to removal and new building under Business-2, Parnell Centre Plan; and traffic Chapter. These are discussed below. 3.1 Operative Auckland District Plan-Isthmus Section Business 2 Business 2 zones are generally located in the City s traditional suburban retail centres and are experiencing an increase in residential activity. Coupled with diversified retail activities, Business 2 zoned centres appear to provide a unique and diverse mixed use urban environment 2. In addition, the Plan encourages Centre Plans to identify and enhance the centres particular market niche and environmental character. Centre plans are considered to be an important planning tool in reflecting community concerns and local environmental issues, e.g. traffic and amenity issues. The zone provides related controls relating to building envelope. Parnell Centre Plan The subject site is located near the southern end of the Parnell Centre Plan (C09-51), which recognises that Parnell is an area with: Diverse activities: a mix of residential, commercial, retail, and restaurant/café trade; and Diverse built environment: co-existence of an eclectic mix of more recently developed buildings and historical buildings with character significance; The Centre Plan also recognises that parking provision has been limited (both on and off street) due to the historic development pattern. The Centre Plan seeks to maintain and enhance the unique character of Parnell and its amenity value. While a colonial theme was considered opportune in revitalising the centre in the 70s, the plan expressly states that: 2 Clause 8.6.2.2 Business-2: Zone Strategy. 01/04/2016 Page 5 of 24

Other innovative and congruent development likely to add to the appreciation of Parnell should not be discouraged 3. The existing site and surrounds appear to be reflective of the features described by both Business 2 zone and the Parnell Centre Plan, esp. in terms of development pattern, i.e. mixed use activities and a mix of historical buildings and innovative contemporary architecture. Traffic The subject site is located within approx. 30m of defined road boundary of Parnell Road and St. George s Bay Road. The proposal will require a new vehicle crossing to Parnell Road and has an associated parking shortfall. Relevant traffic standards and assessment criteria under traffic chapter of the operative plan will be relevant for consideration to ensure avoidance of pedestrian/traffic conflict and operation of road network. Relevant Matters for consideration A plan check has been undertaken; refer to Appendix 7 (Planning Summary). Infringements to operative district plan rules have been identified and these are listed in Section 3.3 (Reason for Consent). The following plan provisions are considered relevant to the assessment of this proposal: Business 2 Zone Provisions: Clause 8.6.2.1- Business 2 zone Objectives and Policies; Clause 8.6.2.2- Zone Strategy and Expected Outcomes; Clause 8.7.3.2- GENERAL CRITERIA FOR Residential Unit in Business zone; Clause 8.7.3.3- (c) ADDITIONAL CRITERIA FOR Residential Unit in Business 2-3 zone; Clause 8.7.7.3.1- Particular matters to be addressed in Mixed Use zone; Clause 7.7.5.2C (1)-Crime Prevention through Environmental Design. Parnell Centre Plan (C09-51): Traffic: Part A-Introductions; Part B 2.0-Criteria for assessing removal of Character Supporting Building; Part B 3.0-Criteria for assessing new buildings in the Centre Plan Area; Part C-Development Controls. Clause 12.3-Objectives and Policies; Clause 12.9.1.2-Assessment Criteria 3.2 Proposed Auckland Unitary Plan (PAUP) Under the Proposed Operative Unitary Plan (PAUP), the site is located in the Town Centre Parnell. Centres are typically located on main arterial roads, which provide good access to public transport. They provide for a wide range of activities including commercial, leisure, residential, tourist, cultural, community and civic services. The zone enables buildings with variety of style and scale that respond to context and character. 3 Part A Introduction-Parnell Centre Plan. 01/04/2016 Page 6 of 24

The objectives and policies enable intensification with a wide range of activities as long as the building demonstrates a high standard of design. The proposal does not trigger any PAUP rules with interim effect; refer to Appendix 7 (Planning Summary). 3.3 Reasons for Consent As discussed in S 3.0, Table-1 summarised reasons for consent. Table-1: Reasons for consent Plan Rule Activity Status Isthmus Plan 8.7.1 Residential Unit in Business 2 RD 8.7.1 Any activity including all new buildings located within 30m of a RD Residential zone 8.7.1 Residential units with habitable room windows located within RD 3m of a side or rear site boundary. 8.8.1.3 Retail frontage: 75% road frontage to be devoted to window D Frontage display area and be contained with building. A total of 69% of road frontage will be devoted to window display. 12.9.1.1 Parking shortfall greater than 6 in Business zone. D Proposed shortfall will be 10 residential parking spaces and 1 retail loading space New vehicle within 90m of defined road boundary of Parnell D Road and St. George s Bay Road, which are both district arterial roads. Proposed vehicle crossing will be within approx. 30m of defined road boundary. Centre C09-51 Part B: 2.0: Removal of the existing Character RD Plan Supporting Building. C09-51 Part B: 3.0: Establishing New Building. Control Certain rules under the Proposed Auckland Unitary Plan ( PAUP) have immediate legal effect under Section 86B RMA 1991. No relevant PAUP rules will be triggered as the proposal will: Have earthworks that meet permitted activity status threshold; Not change total impermeable area, i.e. stormwater discharge area, and; The existing building has not been identified in the pre-1944 building demolition overlay. Overall, the proposal requires consent as a Discretionary Activity. 4. 0 T H E P R O P O S A L The proposed involves the removal of the existing character supporting building and then replace it with a four-storey mixed use complex that includes a commercial unit on ground level and 6 residential units on upper levels. The proposed building has a contemporary architectural form with a transparent street façade (retail window display and residential balconies) to Parnell Road. 01/04/2016 Page 7 of 24

Figure 13: Artistic Impression of the proposed building. The building design appears to be distinct in its own right and belongs to its time, responding to the site and surrounding context, which is diversified in land uses and built form, age and materiality, refer to Figure 13. The building bulk is evolved from permitted building envelope under Business 2 on the street end and responds to daylight indicator applicable to Residential 7 zoned on the rear end. 4.1.1 Floor Plan Each floor is summarised below and Table 2: Ground Level: a retail unit (76m²) fronting the street with 10 car parking spaces and onsite turning device; and storage units and bin storage apace on the rear. New separated pedestrian footpath (0.8m in width) and vehicular access way (3m in width) are proposed along northern boundary and are connected to Parnell Road via proposed vehicle crossing. Vehicle access to the building will be restricted to left-in and left-out. An asymmetrical auto gate is proposed with a setback of 3m from Parnell Road to alleviate potential conflict to pedestrian flow on footpath; refer to RC 05 for site plan. The attached Design Statement provides detailed description of each floor plan. Street front: a new veranda is proposed along with re-organisation of street parking provision in close consultation with Auckland Transport (AT), refer to attached Traffic Report. The veranda is designed to match the proposed building profile and is measured to be 3m in height, 2.1m in depth and 9.8m in length, refer to RC 05. 01/04/2016 Page 8 of 24

Level 2: 2 residential units that are accessed via stairway and lift. A landscaped courtyard is centrally located with a residential unit on two sites; refer to Level 2 floor plan in RC 07 and 08. Table 2: Summary of floor plan. Level Uses Front Unit Rear Part/Unit Total GFA Commercial, One commercial Unit 10 parking spaces with parking, stacking devices and Level 1 manoeuvring and utilities. onsite turning table. GFA 76m² 76m² Residential GFA 2x Bed rooms with living/ dining and private outdoor spaces. 2x Bed rooms with living/ dining and private outdoor spaces. 108m² 86m² 194m² Level 2 Open GFA Space 36m² Courtyard 20m² Balcony 31m² Court Unit GFA 164m² 117m² Level 3 Residential GFA Open Space GFA 2x Bed rooms with living/ dining and private outdoor spaces. 2x Bed rooms with living/ dining and private outdoor spaces. 108m² 86m² 194m² 20m² Balcony 16m² Balcony 36m² Unit GFA 128m² 102m² Level 4 Residential GFA Open Space GFA 2x Bed rooms with living/ dining and private outdoor spaces. 2x Bed rooms with living/ dining and private outdoor spaces. 108m² 86m² 194m² 20m² Balcony 16m² Balcony 36m² Unit GFA 128m² 102m² Overall, the residential floor area accounts for 584m² and retail floor area, 76m². Pursuant to Chapter 13 (Business Zone), the definition of Gross Floor Area excludes non-habitable space, off-street parking, circulation area, stairs, etc. As such, gross floor area of this development is calculated to be 660m². On a 336m² site, the Floor Area Ratio is therefore calculated as 1.96:1, which complies with the permitted standard of 2:1, Refer to Table-3 for Floor Area Ratio break down. 01/04/2016 Page 9 of 24

Table 3: Floor Area Ratio Breakdown Residential Floors Retail Floors Gross Floor Area Site Area Floor Ratio Permitted Floor Ratio 584m² 76m² 660m² 336m² 1.96:1 2:1 4.1.2 Private Open Space Each residential unit is provided with a balcony that is directly accessible from the main living area. All private outdoor living receives direct sunlight with area ranging from 16m² to 20m², refer to Table 2 above. Level 2 units will have access to court yard space ranging from 31m² to 36m². The layout of the proposed building is designed to orient to efficient solar access, refer to S2 (Design Response) of the attached Design Statement. 4.1.3 Traffic and Parking Access Vehicular access will be gained via a new vehicle crossing to Parnell Road and will be restricted to left-in and left-out. An asymmetric auto gate is proposed to cater for separate site access for car and pedestrian. On-site manoeuvring and parking Each residential unit will be provided with at least one car parking space and the retail units a maximum of four parking spaces on the rear of the level one via 5 stacked parking devices that allow for each parking space to be freely accessible. In total, 10 on-site parking spaces will be provided for mixed use activities. There is no loading space proposed on-site for the commercial unit. On-site manoeuvring will be provided via a driveway 3m in width and a car turning table. Paving is proposed to visually separate the intended pedestrian pathway (0.8m in width) from the driveway. Re-alignment of street facilities/parking The existing streetlight in front of the site will be relocated southward with 1m clearance to the proposed vehicle crossing, refer to RC 05. The existing P-5 parking and loading space along the street will be converted to cycle/motor cycle parking and P-15 parking, refer to Appendix-5: Traffic Comments. The reorganisation of the street facilities has been in close consultation with Auckland Transport and the proposed layout has been informed by AT s advice. A separate Vehicle Crossing Permit application will be applied to Council. 4.1.4 Utilities The following utilities facilities are proposed: Each residential unit is allocated an independent storage unit, refer to RC 05, and 01/04/2016 Page 10 of 24

A communal bin storage area is provided. Bins can be moved out for weekly collection through the footpath. A communal letter box will be located by the asymmetrical auto gate. 4.1.5 Site Servicing The site has existing connections to Auckland Council stormwater reticulation system, and to Watercare s water and sewer system. It is noted that the proposed development will not change the level of permeability of the site as it has already been fully paved and no additional impermeable will be created. It will however, generate additional demand from proposed residential use in terms of sewer discharge and potable water consumption. Watercare has confirmed that the site is located on the Green Zone, meaning there is capacity for potable and sewer water; refer to Appendix 8 for email correspondence dated 6/11/2015 with L Roache of Watercare. 4.1.6 Site works The proposal involves earthworks (cut and fill) on a 336m² site with an average gradient less than 5%. The proposed earthworks are estimated to be 266m 3 over 336m² in areas, which is a permitted activity. 5. 0 A S S E S S M E N T O F E F F E C T S O N T H E E N V I R O N M E N T 5.1 Resource Management Act 1991 Section 88(2)(b) of the Resource Management Act 1991 prescribes that an application for resource consent shall be made in accordance with Fourth Schedule of the Act (Schedule 4), which must include: An assessment of environmental effect (AEE) that must address any actual or potential effects that the activity may have on the environment, and the ways in which any adverse effects may be mitigated. An AEE shall be in such detail as corresponds with the scale and significance of the actual or potential effects that the activity may have on the environment. Assessment of a proposal with regard to matters under Section 104 of the Act, including, Part 2, relevant objectives, policies of a Plan or Proposed Plan. 5.1.1 Land excluded from the Assessment In terms of s95d of the Act, the following properties are considered to be adjacent land : Table 6: Adjacent Sites Address Legal Description 381-397 Parnell Rd. Multiple unit titles. 14A Birdwood Crescent Lot 2 DP 191559 1-2/16 Birdwood Crescent Unit 1A & 3, 5, 7 DP 1785 405-411 Parnell Rd. Lots 11-12 DP 1967 01/04/2016 Page 11 of 24

For the purposes of the following assessment of effects on the environment, the effects on these owners or occupiers have been disregarded in accordance with Sections 95A and 95D(a) of the Act 5.2 Assessment The proposal involves removal of existing single storey Character Support building and replaces it with a four-storey mixed use building with one retail unit on ground level and 6 residential units on upper level. The proposal has restricted activity status and development control infringements. The District Plan provides a range of assessment criteria, some of which appear to be overlapping. The following assessment framework is compiled with regard to both statutory provisions as well as non-statutory design guideline for high density residential 4 (there is no design guideline for mixed use) to avoid duplication and to effectively assess performance of the development. For a development on a tight section in the context of high quality built environment, design matters are considered critical in the avoidance of adverse effects and to achieve positive residential and streetscape amenity. Effects relating to retail frontage street character are also included to address the commercial aspect of the proposal. 5.2.1 Neighbourhood Character Neighbourhood character is generally contributed by built character (its age, profile, massing, materiality, etc), streetscape character and land use features. In addition, the plan provision (centre plan) articulates features of Parnell s character and anticipated evolvement of such character in Part A (Introduction, Attribution) of the Centre. Adam Wild of Archifact Architecture & Conservation Limited has provided a Special Character Assessment., which is attached to AEE as Appendix 4. Section 7 of this report provides detailed assessment of the proposal s impact on built character in the surrounds with regards to Parnell Centre Plan (centre plan), in particular assessment criteria relating to removal of character supporting building (under S2 of the centre plan) and construction of new building (under S3 of the centre plan). Mr. Wild concluded that: The proposal to demolish an existing single-storied building at 401 Parnell Road and its replacement with a mixed use four-storey building is supported. The effects of this activity have been assessed in this report with respect to the character recognised in the Parnell Centre Plan and with particular regard to the character supporting status recognised in the existing building. The diversity of building types within the Parnell Centre Plan area within which the subject site lies is considered to be an important attribute of the character of the Parnell Centre Plan area. Those buildings display a wide range of ages, styles, construction methodology, mass and form, and whilst the existing building clearly forms part of this general streetscape character, it is considered to only form a minor element in that overall relationship. The proposed demolition of the subject character supporting building will not significantly affect the area s distinctive character. A process of carefully considered design has been 4 Appendix-10: The residential design guide for developments in residential zones in specified growth areas. 01/04/2016 Page 12 of 24

undertaken to ensure that the relationship of the proposed building with the existing values and distinctive character of the streetscape will be maintained or enhanced. Consideration was given to the retention and integration of the façade into the proposed scheme. However, a best-practice conservation approach strongly suggests that façade retention confuses and conflict the authentic integrity of the place. Consequently, façade retention is considered an inappropriate development option. The proposed design focuses on the existing context through contemporary form, recognition of appropriate scale, and a sense of detailing that would produce a building which will complement and enhance the diverse streetscape character of the Parnell Centre Plan area. The design of the proposed building has paid close regard to the mass, scale and form of the buildings located within its immediate context. Importantly the proposed design neither replicates nor imitates the architectural style or detailing of those adjoining buildings. As a four-storey complex the proposed building does not mimic the existing single storied character-supporting building, but rather it incorporates design elements that reference traditional details while presenting a refined and contemporary language. Regard has been paid to ensuring that the principal characteristics of Parnell Centre Plan area have been acknowledged, and where appropriate, incorporated into the design. In particular, recognition has been paid to the mixed-use nature of the area, the diversity of building types, and the contribution of both character-defining and character-supporting buildings to the overarching character of the area. I concur with Mr. Wild s comments and rely on his professional opinion in relation to character matters. The attached Design Statement (Appendix 3) provides background of the design process, which started with assessment of the site and context, in particular existing and potential character relationship of the subject site and adjoining built environment, refer to RC16. Three options have been explored, and option 3 stands out in terms of architectural integrity relative to its own right and the surrounding built character, refer to RC 20. In addition, it is noted that: The proposal triggers character matter under Parnell Centre Plan; and not heritage matter within the meaning of RMA as the subject site and building are not scheduled items or registered items. Parnell character is characterised by eclectic diversity in terms of built form and land use; The centre plan recognises contributing merits from both aged character and contemporary character; The centre plan envisages and encourages quality contemporary architecture to complement the overarching diversity nature of the Parnell character ; Properties on the opposite side of the subject site are not included in the centre plan boundary, i.e. any potential redevelopment on the other side of the road will be free in style. 01/04/2016 Page 13 of 24

On the basis of above discussion, it is considered that the removal of existing character supporting building will generate to an extent transient effect from loss of character supporting value (that to the aged built character), which will however be immediately mitigated by replacement building, which creates a different character supporting value, albeit that to the contemporary architectural character. 5.2.2 Site Layout As explained in Section 5.1.2, vehicular access will be provided via a new vehicle crossing to Parnell Road. Separate pedestrian access is provided via the asymmetric auto gate. On-site parking and manoeuvring are provided to the rear of the retail floor on level 1. All residential units are located on upper levels with a courtyard centrally located between the rear and front units with spacious internal outlook space. All residential units are designed to have balconies that are sizable, directly accessible from the main living area and are oriented to receiving direct sun light. It is therefore considered that the building, private open space and access provision are well integrated and connected. 5.2.3 Density Density control in business zone is based on floor area ratio (FAR). As detailed in S 5.1.1, the proposal complies with the relevant permitted FAR of 2:1. In addition, the proposed building bulk and massing are in keeping with the adjoining established 4-storey mixed use development. 5.2.4 Building Envelope The prosed building bulk is defined on the front part by building envelope enabled by Business 2 development control; on the rear by daylight indicator relating to Residential 7 zone. The proposed building is shown complying with relevant height, height in relation to boundary, coverage controls. 5.2.5 Retail Frontage The proposed window display area will account to 69% of the section s street frontage, and infringes the 75% street frontage standards. It is noted the site s street frontage is not wide (approx. 6.9m) due to historical subdivision pattern. In addition, a new vehicle crossing (approx. 4m in width) is required. This width is dictated by additional space required to mitigate pedestrian/vehicular conflict and separate pedestrian footpath. Compliance of the window display control in this case is not practical. However, the recessed window design effectively maximises exposure of the ground floor commercial area. Coupled with proposed use of glass wall on ground floor street façade, interaction between the retail space and street appear to be effectively facilitated. 01/04/2016 Page 14 of 24

5.2.6 Visual Privacy The site is bounded by existing 4-storey apartment buildings along Northern and Western boundaries, with habitable windows and balconies close to site boundary. The proposed new building will also have habitable windows close to the boundary. The design process has well responded to this context and artfully located all residential units around the centrally located courtyard, which brings in direct sun light and private outdoor living/looking spaces; and which provides internal space to windows to be oriented to. In addition, the recessed Western elevation serves to stagger the visual outlook from the new building and existing adjoining buildings. Any visual privacy issue is not envisaged, given the design. 5.2.7 Acoustic Privacy The proposal will establish both commercial and residential uses within the same building complex. In addition, the proposed commercial activity will be located within 30m of the residential zoned site to the West. Therefore, any potential conflicting noise issues must be appropriately attenuated. The architect advised that acoustic assessment will be provided during building consent stage to ensure compliance of relevant noise standards of the District Plan on residential/commercial interface: both vertically within the building; and horizontally at rear residential boundary. 5.2.8 Driveways & Car Parking The proposal provides in total 10 on-site parking spaces for both residential and commercial units. Allocation of parking space will be subject to occupant/tenants needs in the future. Technically, there will be 6 parking and 1 loading shortfall. In addition, the proposed vehicle crossing will be approx. 30m within defined road boundary of Parnell Road and St. George s Bay Road. Principal traffic issues relate to potential conflict between pedestrian and vehicle accessing the site, the efficient operation of the road network. Envivo Traffic Engineer, Martin Huang, has provided an assessment and undertake design in close consultation with AT and Council traffic engineer. The Traffic Report (Attached as Appendix-5) provides detailed analysis of the existing traffic conditions and traffic design rationale to ensure any adverse traffic effects are adequately mitigated. The report concludes that: The proposed site layout provides a combined access way with a new vehicle crossing to service vehicles and pedestrians in and out of the properties. A parking shortfall of two parking spaces and a loading space has been identified but both have been assessed to be readily accommodated by the surrounding public parking provision. A potential delay from Parnell Road entry to the subject site due to insufficient access width has been identified and a mitigation of restricting traffic turning right out of the subject site is suggested to address the concern. Traffic devices are also suggested to be installed to establish a sequential order of vehicle movements, as well as to minimise conflicts between vehicles and pedestrians. The traffic generation and safety have been evaluated to be acceptable. 01/04/2016 Page 15 of 24

Further, Mr. Huang recommendes mitigation measures relating to differentiation of parking spaces; turning facilities; installation of traffic signal and restrict right turn movement from Parnell Road, refer to S 4.1-4.4 of the attached Traffic Report. I concur with Mr. Huang s comments and note that: Proposed on-site parking and manoeuvring could be technically facilitated by the turning and stacking devices; Loading space along this part of the commercial street appears to be negotiated via existing P-5, which will still be available through realignment with AT support; The proposed driveway gate has been recessed by 3m to alleviate potential conflict between pedestrians movement on footpath and cars entering/exiting the site; Restriction of vehicle right turn movement from Parnell Road will avoid traffic impacts to the nearby intersection; The site is close to public transport facilities along Parnell Road and proposed parking shortfall will not likely to impact on residential amenity. On this basis, it is considered that the proposed access provision will not conflict with pedestrian movement on footpath and operation of street network. The proposed parking short fall will not significantly affect residential amenity. 5.2.9 Private Open Space As discussed in 5.1.2, all apartment units are designed to have quality private open door living that are directly accessible from living area, orient to direct sun light and sizable in area. 5.2.10 Site Facilities The proposal provides communal rubbish bin storage area and separate storage units on the rear of ground level. Coupled with a designated pedestrian foot path 0.8m in width, it is practically convenient to move the rubbish bins to the street for waste collection. In addition, each residential unit are provided with drying facilities. Mail boxes will be located by the asymmetric auto gate. As such, the proposal provides adequate site facilities. 5.2.11 Energy Efficiency As discussed in 5.0, the building layout is designed to let in light. The north-oriented centrally located courtyard, skylight and wall glazing are shown efficient in solar access and provide additional space for inwardly facing windows to overlook and gain solar access. The street front units are oriented North-East for optimal direct sun light. It is considered that the design process has responded well to the site and the existing habitable windows of adjoining apartment buildings. All residential units will have direct access to sun light while not resulting in conflicting visual privacy effects. 5.2.12 Crime Prevention through Environmental Design(CPTED) The purpose of CPTED is to increase public sense of safety and reduce crime opportunities through improved passive surveillance and avoidance of potential entrapment. 01/04/2016 Page 16 of 24

In accordance with Rule 7.7.5.2C (1), following factors are noted: The proposed main entrance will be recessed by a maximum of 3m to minimise potential conflict between pedestrian movement along footpath and cars entry/exit to the site; Coupled with window display design, the recessed area will be reasonably open and visible to the street; In addition, the proposed entry area will be lit to ensure visibility at night; Overall, the boundary between public and private realm appears clear and the recessed space will be afforded a sense of high safety level. As such, any adverse effects relating to CPTED will be less than minor. 5.2.13 Site Works Proposed site works will be approximately 256m 3 and 336m² in area on a relatively flat site less than 500m² and will follow standard district plan and construction bylaw to ensure relevant erosion and sediment control. Any adverse effects relating to site works will be less than minor. 5.3 Summary of Effects In summary, it is considered that the building design is sympathetic to the site context. The resultant innovative approach is line with the anticipated character of the Parnell Centre Plan. The proposed new building is therefore considered to be in keeping with and contributing to the neighbourhood character. The complying density and building bulk further demonstrates that the scale of the development is appropriate to the anticipated environmental outcomes of the Plan. Site layout is efficient and innovative to ensure amenity both on site and street in terms of private open space, visual privacy, acoustic privacy, driveway and parking, energy efficiency and CEPTED. Despite of the narrow section width and the requirement of a complying vehicle crossing, window display area has achieved 69% of the building street frontage, which is in keeping with retail character in the surrounds. Overall, it is considered that any adverse effects on the environment will be negligible. 6. 0 N O T I F I C A T I O N A S S E S S M E N T A N D D E T E R M I N A T I O N 6.1 Statutory Matters The Resource Management Act 1991, as amended by the Resource Management (Simplifying and Streamlining) Amendment Act 2009, provides that an application for resource consent shall be subject to the following notification tests: 6.1.1 Public Notification Under Section 95A(2)(a), a consent authority must publicly notify an application if: 01/04/2016 Page 17 of 24

the activity will have or is likely to have adverse effects on the environment that are more than minor 6.1.2 Limited Notification Under Section 95B(2), a consent authority must give limited notification of an application to any affected person. In accordance with section 95E(1), an affected person is a person for whom the adverse effects of an activity are: minor or more than minor (but not less than minor). 6.2 Adverse Effects on the Environment (Section 95A and 95D) Sections 95A(2) and 95D require an assessment of adverse effects on the environment for the purpose of establishing whether the activity will have or is likely to have adverse effects on the environment that are more than minor. In undertaking this assessment, the effects on persons who own or occupy adjacent land must be disregarded (prior to being considered under S.95B and S.95E). 6.2.1 Land excluded from the assessment In terms of s95d of the Act, the properties identified in Section 6.1.1 are considered to be adjacent land and for the purpose of determining public notification, the effects on these owners or occupiers have been disregarded. 6.3 Potentially Affected Persons (Section 95E) Having regard to the requirements under Section 95E of the amended Act, persons who could potentially be considered as affected persons by the application, including persons who own/occupy any adjacent land as identified in Figure-11 below. The following assessment considers the potential adverse effects on each of these properties. Figure 6:Adjoining sites Western (Road) Boundary: The site s Western boundary abuts 14A Birdwood Crescent, where an existing four storey apartment building has already been established with habitable windows and balconies close to the boundary. 01/04/2016 Page 18 of 24

The design of the proposed building has considered avoidance of overlooking into adjoining existing apartment buildings, shadowing effects to the adjoining buildings and potential noise effect on the commercial and residential interface. These are discussed below: Privacy As discussed 6.2.6, due to design, private outdoor living space of the rear units has been oriented to the East, facing the internal court yard. In addition, the recessed Western facades help to stagger the rear units habitable windows to avoid outlook directly to building on this property. Daylight The recessed West façade complies with daylight indicator, i.e. any shadowing effect from this facade will be no greater than being permitted by the District Plan. Noise The new building is designed to comply with relevant noise standards in the District Plan between residential and commercial level and between commercial level and adjoining residential neighbours. Overall, any adverse effects on this property will be less than minor. Northern Boundary: The site s Northern boundary abuts 381-397 Parnell Rd., where an existing four storey apartment building has already been established with habitable windows and balconies close to the boundary. The design of the proposed building has considered avoidance of overlooking into adjoining existing apartment buildings, by introducing the centrally located court yard that is glassed on its northern façade. This layout and materiality allows in sun light for all units to actively access sunlight. In addition, the habitable windows and balconies are off-set and angled so that any conflicting outlooks will therefore pass away from adjoining building. Overall, any adverse effects on this property will be less than minor. Southern Boundary: The site s Southern boundary abuts 405-411 Parnell Rd. and 1-2/16 Birdwood Crescent. The southern façade of proposed new building will have no habitable windows on this façade, which will only show stairs visible through glass. 405-411 Parnell Rd. This property is a commercial with retail frontage to Parnell Road, and there are no habitable windows on its northern façade. No overlooking effects are envisaged. 1-2/16 Birdwood Crescent. Only the North-East corner of this site abuts the subject site and there is dense trees established in between. No overlooking effects are envisaged. For the same reason as in Western Boundary discussion above, noise effects are neither envisaged. Overall, any adverse effects on this property will be less than minor. 01/04/2016 Page 19 of 24

Eastern Boundary: The subject site fronts Parnell Road on its Eastern boundary. The front units are designed to have balconies facing the street, which help to activate with additional benefit of passive surveillance. As discussed in 6.2.5, the proposed shop front and veranda will be in keeping with the street frontage and neighbourhood character. The proposed auto gate will be set back 3m from the road boundary to alleviate any potential conflict between car entry/exit the site and pedestrian movement on the footpath. Overall, any adverse effects on this property will be less than minor. 6.4 Special circumstances (Section 95A(4)) It is considered that there are no special circumstances that would warrant the notification of this application. 6.5 Recommendation That, pursuant to sections 95A and 95B of the Resource Management Act 1991, this application be processed without notice because: a) The adverse effects of the activity on the environment will be less than minor, and b) No one will be adversely affected. Pursuant to section 95A(4), there are no special circumstances to warrant notification. 7. 0 S E C T I O N 1 0 4 A S S E S S M E N T Section 104(1) states that, subject to Part 2, when considering an application for resource consent and any submissions received, when deciding whether to grant consent to the application, the consent authority must have regard to any actual and potential effects on the environment of allowing the activity under Section 104(1)(a); any relevant provisions of a national, regional or district planning document under Section 104(1)(b); and any other relevant matters under Section 104(1)(c). 7.1.1 Adverse Effects on the Environment (Section 104 (1)(a)) As assessed in Section 6.0 of this Report, overall the adverse effects of the proposal on the environment will be less than minor. 7.1.2 Positive Effects on the Environment As discussed in 6.0, the proposed development will have the following positive effects: Retention of retail activities at ground level Contribute to the exiting mix of Parnell built environment through considered and innovative design; High quality apartment living amenity. 7.2 Objectives and Policies (Section 104(1)(b)) The relevant Objectives and Policies are as follows: 01/04/2016 Page 20 of 24

Business 2 Zone: Clause 8.6.2.1- Business 2 zone Objectives and Policies; Clause 8.6.2.2- Zone Strategy and Expected Outcomes. Parnell Centre Plan (C09-51): Transport: Part A-Introductions. Clause 12.3. These provisions are have been had regard to during design process and planning assessment. It is considered that the proposal is consistent with relevant objectives and policies in that: The proposal introduces mixed use activity that is located in close proximity to public transport, retails and community facilities, which is anticipated by the District Plan; The mass, form and appearance of the replacement building are considered to have appropriately responded to contextual features and neighbourhood character; The site layout and building design has demonstrated artful integration between the apartment units, private open space and driveway such that residential amenity is envisaged to be of high quality; The new access provision will not compromise pedestrian movement and the operation of the roading network. 7.3 Other Matters (Section 104(1)(c)) Auckland Plan and Auckland Unitary Plan Section 104(1)(c) of the Resource Management Act directs Council to consider any other matters that the consent authority considers relevant and reasonably necessary to determine the application. In this case, there are two other planning documents relevant to this proposal. a) The Auckland Plan The Auckland Plan provides guidance on Auckland s future over the next 30 years and addresses key issues affecting the Auckland Region such as transport and housing shortages; giving children and young people a better start; creating more jobs and protecting the environment. The Auckland Plan was adopted by the Council in March 2012. b) The Proposed Auckland Unitary Plan An important tool to put the Auckland Plan into action is the Unitary Plan. The Unitary Plan will be the rulebook that shapes the way Auckland grows. It will set out what and where development could occur in order to create a higher quality and more compact built environment in the Auckland region, while still providing for rural activities and maintaining the marine environment. 01/04/2016 Page 21 of 24

As discussed in 8.1.2 above, the proposed development is consistent with the intentions of the Auckland Plan & Proposed Auckland Unitary Plan which aims to improve the supply, quality and choice of housing within the Auckland Region. 8. 0 R E S O U R C E M A N A G E M E N T A C T ( P A R T 2 ) Section 5 of Part 2 states the purpose of the Resource Management Act 1991 is the sustainable management of natural and physical resources. This means managing the use of natural and physical resources in a way that enables people and communities to provide for their social, cultural and economic well-being while sustaining those resources for future generations, protecting the life supporting capacity of eco-systems, and avoiding, remedying or mitigating adverse effects on the environment. The proposed mixed use development will provide for social and economic wellbeing of people by way of quality mixed use amenity that maintains and enhances neighbourhood character and service capability. The proposal has been assessed in terms of effects on the environment which is concluded to be less than minor. Section 6 of the Act requires recognition and provision for protection of outstanding natural landscapes and protection of areas of indigenous vegetation as a matter of national importance. This application has no issue relating to this matter. Section 7 of the Act identifies a number of other matters to be given particular regard to by the Council in the assessment of resource consents including the efficient use of natural and physical resources and the intrinsic value of ecosystems and amenity values The proposed mixed use development exhibits efficient use of through a mixed use development in accordance with the District Plan provisions. Section 8 requires Council to take into account the principles of the Treaty of Waitangi. The proposal is considered to be not relevant with the principles of the Treaty of Waitangi. 9. 0 R E C O M M E N D E D C O N D I T I O N S O F C O N S E N T The Applicant proposes to adopt the following consent conditions: The proposal shall be carried out in accordance with the plans and all information submitted with the application. In particular, following conditions are recommended: Access Paving Noise Vehicular access to the site should be restricted to left-in and left-out. New vehicle crossing and location of auto gate should be set back 3m; Private footpath and driveway shall be paved to visually differentiate pedestrian and vehicular access. The building shall be designed and constructed to comply with relevant noise standards between residential and commercial interface within the building and between the western adjoining residential zone site. 01/04/2016 Page 22 of 24