1. The council will limited notify to New Zealand Rail Corporation and Ports of Auckland Limited applications for resource consent under clauses 3.10 and 5.1.4 and infringements of clause 5.1.2.4.

2. Applications for resource consent under the following rules are subject to the normal tests for notification under the relevant sections of the RMA:

a. Any application for buildings, excavation or related works within the special tree protection areas which requires consent under clause 5.1.1.6 and will result in:

i. removal of more than 5 per cent of the canopy of any tree located within the special tree protection area or

ii. removal of three or more trees located within the special tree protection area or

iii. significant adverse effects on three or more trees located within the Special Tree Protection Area caused by any physical works or activities within the Special Tree Protection Area

1. The land use controls applying in the Orakei Point precinct are in the Mixed Use zone unless specified below.

1. Parking within the precinct must not exceed 1950 spaces unless parking for the 200 park and ride spaces has been disestablished.

2. Where parking for the 200 park and ride spaces has been disestablished parking within the precinct must not exceed 2150 spaces.

3. Parking that does not comply with 3.1.1 and/or 3.1.2 above is a non-complying activity.

1. Commercial parking within sub-precinct F must not exceed 400 spaces, and can only be undertaken prior to the completion of development within sub-precinct F (this excludes parking provided ancillary to a permitted or restricted discretionary activity).

2. Commercial parking not meeting 3.2.1 above is a non-complying activity.

1.Garden centres, including an ancillary café must only occupy up to 20 per cent of the GFA, and/or up to 5 per cent of the outdoor area.

2.Garden centres not complying with clause 3.3.1 above are a discretionary activity.

1. Offices must have a total cumulative GFA of between 5,000m² and 10,000m².

2. Offices not complying with clause 3.4.1 above are a discretionary activity.

1. Food and beverage must not operate between 11.00pm and 7:00am.

2. Non-compliance with 3.5.1 is a controlled activity.

1. Park and Ride must provide a maximum of 200 spaces.

2. Park and Ride parking exceeding 200 spaces is a discretionary activity.

1. The GFA of any individual tenancy (including ancillary on-site warehousing and storage) must not exceed 500m².

2. A single large floor plate retail tenancy (including ancillary onsite warehouse and storage) must not exceed 2,000m².

3. The total cumulative GFA of retail premises in clauses 3.7.1 and 3.7.2 above must not exceed 10,000m².

4. A minimum GFA of 5,000m² must be provided.

5. Retail premises that do not comply with any of these controls for retail premises are a discretionary activity.

1.

Taverns must have a maximum GFA of 500m².

9.Artificial lighting may be used on a site producing on luminance in excess of 150lux, measured at any point on the site containing the light source in a horizontal or vertical plain at ground level. 

10.Lighting that does not comply with 3.9.1 above is a non-complying activity.

1.Use of buildings for any activity listed as permitted in the activity table where located 30m either side of the land designated for railway purposes must be subject to a restrictive non-complaints encumbrance in favour of New Zealand Railways Corporation and the Ports of Auckland, in accordance with 3.10.2 below.

2.For the purposes of the Orakei Point precinct and this rule a "restrictive non-complaints encumbrance" is a restrictive encumbrance registered on the title to the property or a binding agreement of encumbrance, in favour of New Zealand Railways Corporation and Ports of Auckland Limited, by the landowner (and binding successors in title) not to complain as to the effects generated by the lawful operation of the North Island Main Trunk railway.

3.The requirement in 3.10.2 does not require the encumbrance to forego any right to lodge submissions in resource consent applications or plan changes in relation to the operation of the railway line (although an individual restrictive non-complaints encumbrance may do so). Details of the existence of encumbrance documents may be obtained from New Zealand Railways Corporation, Ports of Auckland Limited, their solicitors, or in the case of registered encumbrance by searching the title to the property.

4.The use of buildings that does not comply with these controls is a restricted discretionary activity.

1. The development controls in the Mixed Use zone apply in the Orakei Point precinct unless otherwise specified below.

1. Buildings within an identified building platform must not exceed the maximum number of floors above the podium shown on Precinct Plan 1, provided that the overall height of the building (including roofs and roof top projections) must not exceed the maximum height (above datum) in meters also specified for that building platform.

2. For the purposes of the control above, the ‘maximum number of floors’ must be measured in each case as being above a nominal podium level of RL12.5, with the podium level storey counting as the first floor.

3. Buildings within that area identified as ‘podium level’ on Precinct Plan 1 must not exceed the height above datum shown on the Plan for that section of the podium, provided that this height limit must not apply to the following buildings and structures located on or over the podium level:

a. Balconies over roads and plazas which meet the criteria in 5.2.1(a) and (c)

b. Seating, bus shelters, pedestrian shelter structures, balustrades, light poles, signs or public artwork on roads or plazas

c. Buildings and structures associated with temporary permitted activities

4. The “RL” shown on Precinct Plan 1 must be Auckland Datum 1946 (mean sea level).

1. The minimum floor to floor height within buildings must be 4m for the ground level of a building, provided that no minimum floor to floor height will apply to the ground or basement levels of buildings within sub-precinct A, where those floors contain residential or parking.

2. The minimum floor to floor height for all other levels within a building must be 3m. The minimum floor to floor heights does not apply to parking levels or to levels below the podium.

3. Refer to rule 4.8(b) or the minimum floor to ceiling heights which apply to residential units.

4. The maximum floor to ceiling height limit on all levels within a building must be 4.5m, except that the maximum floor to ceiling height limit does not apply to:

a. ground levels

b. other building levels used for entrance lobbies, circulation or foyers or as public entry and access to the covered railway station

c. parking levels

d. levels used for the rail station, lines and ancillary activities

e. levels incorporating mezzanine floors

1. Rooftop projections including lift towers, machinery rooms and plant which exceed the height of all parts of a parapet surrounding a roof on which the projections are located, must be enclosed in a structure or structures designed as an integral part of the roof of the building.

1. Buildings within the building platforms identified on Precinct Plan 1 as being subject to the Orakei Road recession plane and building landscaping control must comply with the following:

a. No part of the building must project through a plane starting at the level of Orakei Road, measured at the boundary of the site, and rising at 45 degrees to its baseline parallel with the street boundary of the site.

b. The face of the building to Orakei Road must be landscaped and must have sufficient soil depth and drainage to ensure proper plant growth.

c. The building and landscaping must either be a terraced profile or have a modulated form so as to create a natural hill profile, to generally screen the bulk of buildings behind when viewed from Orakei Road level and must not be a literal regression of the 45° angle.

d. No part of the building must exceed an overall height of RL 30 above Auckland Datum 1946 (mean sea level).

e. The upper most edge and sides of the sloping or terraced building face to Orakei Road must be fenced in a manner that satisfies the requirements of the Building Act 2004 and any subsequent amendments.

1. The maximum GFA within each sub-precinct must not exceed the following:

2. The maximum GFA within each sub-precinct must be calculated as the combined total GFA of both existing and consented buildings within each of the identified building platforms. For the purpose of this rule ‘consented buildings’ means buildings for which resource consent has been granted, but not given effect to. Resource consents which have expired or lapsed, or which have been surrendered must not be used in the calculation of maximum GFA.

3. In addition to the matters excluded in the definition of GFA, the following must also be excluded from the calculation of gross floor area:

a. All outdoor balcony or deck space, whether enclosed or not

b. Floor area used for parking, including associated access ramps, stairs, lifts and plant, where that floor area is:

i. for sub-precinct A, below RL 18 (measured above Auckland Datum 1946 (mean sea level)) or

ii. For sub-precincts B – F, below the podium levels shown on Precinct Plan 1 or

iii. Contained within the Orakei Road building(s) within the building platform shown on Precinct Plan 1 as being subject to the Orakei Road Recession Plane and Building Landscaping Control.

iv. Outdoor areas associated with garden centres.

1. For buildings within building platforms identified as subject to a verandah / colonnade control on Precinct Plan 2 a verandah / colonnade must be provided which must complies with the following:

a. The verandah/colonnade must provide continuous pedestrian cover within the site along the entire building platform frontage identified as subject to a colonnade requirement.

b. The verandah/colonnade must have a minimum height of 3.4m above the footpath immediately below.

c. Any colonnade must have a minimum unobstructed horizontal width of 2m.

d. Any verandah must comply with relevant District Plan or Council bylaws relating to verandahs.

1. Pedestrian links connecting the road, plazas and open space land must be provided generally at the locations shown on Precinct Plan 3. Such pedestrian links must comply with the following:

a. have a minimum width of 2m

b. Create a direct and logical pedestrian link through the site between public road, plaza and open space land

c. Be open to the sky or be covered with glazing, except for a pedestrian link beneath the rail line

d. Comply with relevant CPTED principles.

1. Any building shown on Precinct Plan 3 as subject to a frontage height and activities control must comply with the following:

a. The façade of the building must generally abut the building platform boundary identified as being subject to the frontage height control.

b. The number of floors along that building platform boundary must be no less than the maximum number of floors specified on Precinct Plan 1, except on the building platform subject to the Orakei Road Recession Plane and Building Landscaping Control where the control in 4.6(1)(b) must not apply.

c. For the purpose of this rule ‘frontage’ means the external wall of a building which occupies the length of the road boundary and which rises from that boundary to a height no less than the minimum specified, but excludes vehicle entrances, loading bays, pedestrian entrances and lobbies, window and balcony recesses and similar architectural modulations.

2. Activities occupying the ground floor frontage of a building on a site identified on Precinct Plan 3 must be limited to the following:

a. entertainment facilities

b. garden centres

c. food and beverage

d. retail

e. taverns

f. community facilities

g. offices

3. Except that such activities must occupy not less than 80 per cent of the length and not less than 10m of the depth of the ground floor road frontage of an identified site. Up to 20per cent of the length of the frontage of identified sites may be occupied by building entrances, services entrances, vehicle access and service functions.

1. Buildings within the Orakei Point precinct must be designed and constructed to ensure the following internal noise limits will not be exceeded:

2. Sound insulation calculations must be based on external noise levels derived from 3D acoustic modelling software (Soundplan or Predictor) and:

a. a train sound power level of LWA127 dB as a point source travelling at 40 km/hr, and 4 trains per hour, and using the spectrum table

	Octave Band Centre Frequency (Hz)
	63	125	250	500	1k	2k	4k
Sound Power Level (dB)	133	131	127	123	123	119	114

b. road traffic noise at the façade to be calculated with 3D modelling software and the current traffic flow rates on Orakei Road between 10.00 pm and 11.00 pm

3. For the avoidance of doubt, sound from a moving point source propagates in the same manner as line source and can be modelled as such in the 3D modelling software.

4. At the same time and under the same physical conditions as the above internal noise levels will be achieved, all bedrooms and other habitable spaces will be adequately ventilated or air conditioned. Adequately ventilated or air conditioned must be determined by a suitably qualified mechanical engineer to achieve reasonable internal temperatures during all but the extreme summer conditions and at least to the requirements of Clause G4 of the Building Regulations 1992.

5. Residential accommodation must not be located closer than 80m to any exposed rail line unless a report from a suitably qualified acoustic consultant demonstrates that the external criterion of LAeq,1hr 60 dB can be achieved within any primary outdoor living area using the source levels detailed in clause 2(a) above.

1. The noise level arising from any activity within the Orakei Point precinct must not exceed the following levels;

a. At the façade of any habitable space within the Orakei Point precinct:

Time	Noise level
7.00 am to 10.00 pm	LA10 60 dB
10.00 pm to 7.00 pm	LA10 55 dB L63 Hz 10 60 dB L125Hz 10 55 dB LAmax 75 dB

b. Within the boundary of any residentially zoned property (outside the Orakei Point precinct):

Time	Noise level
7.00 am to 10.00 pm	LA10 50 dB
10.00 pm to 7.00	LA10 40 dB LAmax 75 dB

c. Noise levels must be measured and assessed in accordance with the requirements of NZS6801:2008 Acoustics – Measurement of Environmental Sound and NZS6802:2008 Acoustics – Environmental Noise.

1. Minimum GFA

2. Floor to Ceiling Height

a. The minimum floor to ceiling height for habitable rooms (including servicing) must be 2.4m except for multi-level or split-level apartments and mezzanine levels. In such cases at least 50 per cent of the apartment floor area must comply with the minimum 2.4m floor to ceiling height requirements.

b. Kitchens, bathrooms, hallways, toilets, lobbies, laundries and service areas: 2.3m minimum floor to ceiling height.

3. Minimum widths of common circulation corridors

a. The minimum width of common area corridors must be 1.5m.

b. The minimum width of a corridor/lobby space immediately adjacent to the lift must be 2.7m, measured at 90° to the lift doors, for the full combined width of the lift doors.

4. Minimum Daylight Standards

a. Residential units must be designed to achieve the following minimum daylight standards:

i. Living rooms and living/dining areas – must have a total clear glazed area of exterior wall no less than 20per cent of the floor area of that space.

ii. Bedrooms – must have a total clear glazed area of exterior wall no less than 20per cent of the floor area of that space.

iii. Entrance halls, kitchens, kitchen/dining rooms, bathrooms, toilets, and laundries - may rely on borrowed or artificial light. However, where such building elements contain a window placed in an exterior wall parallel to a site boundary, other than the street boundary, then that window/wall must be set back from the boundary by a minimum of 1m.

1. The combined number of one bedroom, one bedroom plus study and two bedroom units within the Orakei Point precinct must not exceed 80 per cent of the total number of residential units in the precinct.

2. No more than 10 per cent of units within the precinct must be one bedroom. No more than 15% of units within the Orakei Point precinct must be one bedroom plus study. No single building must comprise entirely one bedroom units.

3. The total number of residential units in the precinct must be calculated as the combined total of units in both existing and consented buildings. For the purpose of this rule ‘consented buildings’ means buildings for which resource consent has been granted, but not given effect to. Resource consents which have expired or lapsed, or which have been surrendered must not be used in the calculation of residential units.

1. All residential units must have an outdoor living area no less than 8m².

2. This outdoor living area must have convenient access from a living room, and may consist of either an exclusive area at ground level, a balcony (including a recessed or semi enclosed balcony or part of the balcony) or a roof top space exclusively available to that residential unit. An outdoor living area must comprise one continuous area rather than comprise the cumulative total of smaller areas.

1. Where the habitable room windows of a dwelling or a guestroom within visitor accommodation are less than 6m away, and have direct views of the habitable room windows of other residential units or a guestroom within a tourist facility within the same or adjacent sites, they must:

a. be offset a minimum of 1m (horizontally or vertically) from the edge of one window to the edge of the other or

b. have sill heights of 1.6m above floor level or

c. have fixed obscure glazing in any part of the window below 1.6m above floor level or

d. be on the ground floor level and separated by a suitable screening device, including landscaping, of 1.6m minimum height

1.An outlook space must be provided from each face of the building containing windows to principal living areas or bedrooms of any residential unit. Where windows to a principal living area or bedroom are provided from two or more faces of a building, outlook space must be provided to the face with the greatest window area of outlook.

2.For the purpose of this rule, “principal living area” means the main communal living space within an accommodation unit for entertainment, recreation and relaxation.

3.The minimum dimensions for outlook space for principal living areas and for bedrooms must be 6m, measured perpendicular to the exterior face of the building. The outlook space may be over:

a.the site on which the building is located

b.legal road

c.public open space

d.another site

e.An area otherwise shown on Precinct Plan 1 as being podium or open space and not a building platform above the podium levels

Provided that in the event of clause 3(d):

i.the outlook space must be secured in perpetuity for the benefit of the building by a legal instrument to be put in place prior to the commencement of construction

ii.written approval of the owner of the adjoining site for the outlook space must be provided when the application for resource consent is lodged

iii.more than one building may share an outlook space

4.Balconies that have direct access from the principal living area or bedroom and are recessed within the exterior face of the building may be included in the calculation of outlook space to a maximum depth of 3m.

1. Occupied buildings within the Orakei Point precinct must be designed and constructed to ensure the following levels of vibration from trains will not be exceeded based on the procedures specified in the Norwegian Standard NS 8176E: 2nd edition September 2005 Vibration and Shock Measurement of Vibration in Buildings from Land Based Transport and Guidance to Evaluation of its Effects on Human Beings.

1. Where any outdoor storage, refuse disposal area, service or parking area adjoins or directly faces land that is open space or residentially zoned, a solid wall screen must be erected, to the following heights which is densely planted behind with vegetation and shrubs that will screen the areas during the year.

a. Front boundary: 1.2m

b. Side and rear boundaries: 1.8m

c. Except that this control does not apply to the outdoor area of a garden centre used for the display and sale of plants, pots, garden ornaments and outdoor furniture.

1. The Auckland Wide infrastructure rules relating to traffic must apply with the exception that in place of the parking standards in Table 3 of the Auckland Wide infrastructure rules the following must apply:

a. Where a site is located within the Orakei Point precinct, the maximum number of parking spaces must not exceed the following:

Activity	Maximum permitted parking
Residential	One space per residential unit up to one bedroom (including one bedroom units plus study).   Two spaces per residential unit two bedrooms or more.
Offices	One space per 60m² of GFA
Retail	One space per 40m² of GFA
Garden Centre, including an ancillary café that incorporates up to 20 per cent of the GFA, and/or up to 5 per cent of the outdoor area	Garden Centre: one space per 40m2 of GFA plus one space per 100m2 of outdoor area. Café: one space for every 4 café seats.
All other activities	One space per 60m² of GFA

b. The overall parking spaces within the Orakei Point precinct must be no more than 1750 spaces.

c. That a minimum parking threshold of 75per cent of the maximum parking requirement must apply.

d. The overall parking spaces in the precinct must be calculated as the combined total of spaces in both existing and consented buildings. For the purpose of this rule ‘consented buildings’ means buildings for which resource consent has been granted, but not given effect to. Resource consents which have expired or lapsed, or which have been surrendered must not be used in the calculation of parking spaces.

e. Parking may either be provided on the same site as the activity to which it relates, or on another site within the Orakei Point precinct.

f. There are no minimum parking requirements within the Orakei Point precinct.

g. Podium level public on-street parking is not subject to the maximum permitted parking limitations or total overall in clauses (a) and (b) in this rule.

h.Park and Ride parking up to a maximum of 200 spaces is not subject to the maximum permitted parking limitations or total overall in clauses (a) and (b) in this rule.

i. The loading standards set out in Table 7 of the Auckland Wide infrastructure rules must apply, except that loading requirements for individual buildings may be waived where a common loading space or spaces are provided available and accessible to all buildings and activities within a particular sub-precinct . No off-street loading is required for buildings and activities within sub-precinct F.

1.The following table sets out the public facilities and infrastructure work and traffic and road improvements required to be established as a pre-requisite to development of each sub-precinct.

I	II	III	IV
Sub-precinct	Staging requirements	Public facilities and infrastructure	Traffic and road improvements
Sub-precinct A	No building or development must be undertaken within the sub-precinct until the public facilities and infrastructure set out in column III of this table have been established. No building or development within the sub-precinct must be occupied until the traffic and road improvements set out in column IV have been completed.	Vesting in the council of an esplanade reserve with a minimum depth of 20 metres along the foreshore adjoining sub-precinct A so that the reserve can provide continuous public access along its full length.	Closure of any alternative access onto Orakei Road (so that the only access onto Orakei Road is as shown on Precinct Plan 5).
Sub-precinct B	No building or development above the podium level must be undertaken within the sub-precinct until the public facilities and infrastructure set out in column III of this table have been established. Note: this does not preclude the establishment of the parking levels and associated access below the podium level nor the establishment of the roads, plazas and another public places above the podium level prior to the public facilities and infrastructure set out in column III being established. No building or development within the sub-precinct must be occupied until the traffic and road improvements set out in column IV have been completed.	a.Vesting of Orakei Road site frontage to the council for road widening, as shown on Precinct Plan 5 and b.Vesting to the council of the Open Space zoned land at the northern end of the site at 246 Orakei Road (headland park) and c.Vesting in the council of an esplanade reserve with a minimum depth of 20 metres along the foreshore adjoining sub-precinct A so that the reserve can provide continuous public access along its full length.	a.Improvements to the alignment along Orakei Road, where feasible and b.The provision of footpaths along the western side of Orakei Road, between 228 Orakei and the Shore Rd roundabout) and c.The provision of on or off road facilities for cyclists along Orakei Road and d.The signalisation of the intersection of the southern access to the site with Orakei Road, generally in the position shown on the Precinct Plan 5.
Sub-precinct C	No building or development must be undertaken within the sub-precinct until the public facilities and infrastructure set out in column III of this table have been established. No building or development within the sub-precinct must be occupied until the traffic and road improvements set out in column IV have been completed.	A – C above and d.completion of that part of the podium level within sub-precinct B and e.the establishment of lee plaza* and f.completion of the railway entrance building*	A - D above and e.Upgrading of the Kepa/Orakei/Ngapipi intersection from a roundabout to traffic signals, with a single right turn from Ngapipi Road to Orakei Road, but with two exit lanes on Kepa Road (to allow two right turn lanes from Orakei Road) and f.The provision of a second northbound lane on Orakei Road, from south of the southern site access, including vesting in the council the land identified as "Road Widening" on Precinct plan 1 and g.The signalisation of the intersection of the northern access to the site with Orakei Road, generally in the position shown on Precinct Plan 5.
Sub-precinct D	No building or development must be undertaken within the sub-precinct until the public facilities and infrastructure set out in column III of this table have been established. No building or development within the precinct must be occupied until the traffic and road improvements set out in column IV have been completed.	A – F above and g.The establishment and vesting of the Link Road as a public road in strata within sub-precinct s B and C, including signalised intersections with Orakei Road	A - G above and: h.The provision of a flush median along Orakei Road, where feasible and i.Further upgrading of the Orakei/Kepa/Ngapipi Road intersection, with two exit lanes to Ngapipi Road, plus widening of the approach from Kepa Road
Sub-precinct E	No building or development must be undertaken within the sub-precinct until the public facilities and infrastructure set out in column III of this table have been established. No building or development within the sub-precinct must be occupied until the traffic and road improvements set out in column IV have been completed.	A - G above and h.Vesting to the council of the Open Space zoned land on the western edge of the sites at 228 Orakei Road and 236 Orakei Road to the railway land.	1-9 above.
Sub-precinct F	No building or development must be undertaken within the sub-precinct until the public facilities and infrastructure set out in column III of this table have been established. No building or development within the sub-precinct must be occupied until the traffic and road improvements, and local purpose reserve vesting, set out in column IV have been completed.	A - H above and i.Completion of that part of the podium level within sub-precinct E and j.Establishment of waterfront plaza* and k.Public indoor and outdoor linkage between lee plaza and waterfront plaza *.	A - I above; and j.Vesting in the council, in fee simple as a local purpose reserve, the landscaped corridor shown in Precinct Plan 5 approximately 10m wide running parallel to and adjoining the northern side of Orakei Road between the two vehicle entrances shown on Precinct Plan 5, excluding the part of that corridor which also comprises part of the railway corridor.

2.For the purposes of the above table, ‘the link road’, ‘lee plaza’ and ‘waterfront plaza’ must be as shown on Precinct Plan 5.

3.Throughout the development of every sub-precinct, public pedestrian and service access to the Orakei Railway station must be maintained and vehicle access from Orakei Road to the Kings Plant Barn property at 236 Orakei Road (Lot 3 DP 112856) must be maintained.

4.The sequencing of development of each sub-precinct need not follow the order of sub-precinct numbering B-E, provided that the public facilities and infrastructure work in column III and the traffic and road improvements in column IV in respect of the earlier sub-precinct or sub-precincts are established as a prerequisite to the development of the later sub-precinct .

5.An application for resource consent for development within any of the sub-precincts must provide details of how the public facilities and infrastructure set out in column III have been provided.

6.Where any of the required public facilities and infrastructure set out in column III have not been established at the time of resource consent for the development, then resource consent for a restricted discretionary activity will be required for the new building. The application for resource consent is required to be accompanied by an explanation of the methods by which the public facilities and infrastructure will be established, prior to occupation of the building, including a timetable for their establishment. Such methods may include conditions of resource consent or bonding to secure the public facilities and infrastructure. The resource consent will be assessed against the extent to which these methods and timetable are appropriate to ensure the public facilities and infrastructure will be established, prior to occupation of the building.

7.More than 1 sub-precinct may be constructed simultaneously provided the completion of relevant public facilities and infrastructure under this rule is bonded to the satisfaction of the council by way of bank bond or bank guaranteed bond.

1. The Orakei Point precinct development controls must not apply to network utility services provided for as permitted and restricted controlled activities in the Activity Table.

1. The Orakei Point coastal yard applies to land within a line 20m from mean high water springs in the position shown on Precinct Plan 1. The yard must be measured in a horizontal plane in a landward direction from the mean high water springs. The following rules must apply to this yard:

a. No building must be constructed within the Orakei Point coastal yard, except that this control shall not limit the following approved as part of a resource consent:

i. paths and driveways and associated retaining, foundations, surfaces and structures in general accordance with Precinct Plan 5.

b. No person must cut, damage, alter, injure, destroy or partially destroy:

i. any indigenous tree or vegetation;

ii. any exotic tree greater than 6m in height or 600mm in girth (measured at 500mm above ground level).

2. The council may grant an application for restricted discretionary activity resource consent to remove or pollard such vegetation or trees, or any substantial part thereof if it is satisfied that such consent is justified in the circumstances which include dangerous, diseased or damaged conditions, compliance with and statutory or legal obligation or hardship, or any other cogent reason. Consent will not be granted where an improvement in view is sought unless the council is satisfied that the natural character of the coastal environment, the ecological amenity of the site and the health of the tree will not be affected.

3. For the avoidance of doubt, no other yard or building in relation to boundary control will apply within the Orakei Point precinct.

1. Buildings

a. Building design and external appearance

b. Public safety

c. Creating a positive frontage

d. Designing for landmark buildings (in particular Building H)

e. Activity relationship to public open spaces

f. Centre vitality

g. Design of parking, access and servicing

h. Accommodation

i. Site amenity

j. Sustainability

k. Orakei Road parking building

l. Travel Demand Management Plan

m. Construction management

n. Traffic impact on roads and intersections

o. Fencing

p. Reverse sensitivity effects associated with the operation of the rail line and roads

2. Additions and alterations to existing buildings

a. Building design and external appearance

b. Public safety

c. Creating a positive frontage

d. Activity relationship to public open spaces

e. Centre vitality

f. Design of parking, access and servicing

g. Accommodation

h. Site amenity

i. Sustainability

j. Travel Demand Management Plan

k. Construction management

l. Traffic impact on roads and intersections

m. Fencing

n. Reverse sensitivity effects associated with the operation of the rail line and roads

3. Community facilities between 500m2 and 2,000m2 GFA

a. Building design and external appearance

b. Public safety

c. Creating a positive frontage

d. Activity relationship to public open spaces

e. Centre vitality

f. Design of parking, access and servicing

g. Accommodation

h. Site amenity

i. Sustainability

j. Travel Demand Management Plan

k. Construction management

l. Traffic impact on roads and intersections

m. Fencing

n. Reverse sensitivity effects associated with the operation of the rail line and roads

4. Use of buildings for any activity listed in this table as permitted where the site is located within 30m either side of the land designated for railway purposes and the site is not subject to a restrictive non-complaint encumbrance in favour of New Zealand Railways Corporation and Ports of Auckland Limited.

a. Restrictive Non-complaint Encumbrance for the Orakei Point precinct

b. Reverse sensitivity effects associated with the operation of the rail line and roads

c. Fencing

5. Buildings within the Special Tree Protection Area

a.In addition to the matters of discretion listed in 5.1.1 above, buildings within the Special Tree Protection Area will be subject to:

i.Existing tree protection

ii.Tree protection plan

iii.Site specific tree protection

iv.General tree protection

6.Construction of public open space, public accessways, overpasses and plazas, and accessory buildings (excluding roads)

a.Building design and external appearance

b.Public safety

c.Creating a positive frontage

d.Designing for landmark buildings (in particular Building H)

e.Activity relationship to public open spaces

f.Centre vitality

g.Design of parking, access and servicing

h.Accommodation

i.Site amenity

j.Sustainability

k.Travel Demand Management Plan

l.Construction management

m.Fencing

n.Reverse sensitivity effects associated with the operation of the rail line and roads

o.Precinct Plan 3

p.Public open spaces, public accessways and streets

7.Commercial parking in sub-precinct F

a.Design of parking, access and servicing

b.Large commercial parking

c.Orakei Road parking building

d.Site Amenity

e.Sustainability

f.Travel Demand Management plan

g.Construction Management

8.Parking between 1750 and 1950 spaces

a.Design of parking, access and servicing

b.Large commercial parking

c.Orakei Road parking building

d.Site Amenity

e.Sustainability

f.Travel Demand Management plan

g.Construction Management

1. Buildings

Building design and external appearance

a.New buildings should generally be consistent with Precinct Plan 5. In particular:

i.Buildings should respond to the proportions, structural modules, and solid-void relationships of existing and proposed public spaces, streets and open spaces, and any existing or consented buildings or building forms otherwise shown on Precinct Plan 5.

ii.Materials used on new development should be responsive to materials used on neighbouring existing and proposed public spaces, streets and open spaces, and any existing or consented buildings or building forms otherwise shown on Precinct Plan 5.

iii.The height of the proposed building should be relative to its neighbours so as to ensure variation in roof height and roof form.

iv.Building design should be of a high quality, showing variety and responsiveness to the local context in a way that contributes to the identity of Orakei Point at every scale, including the appearance from viewing points external to Orakei Point itself, including from public viewpoints on Tamaki Drive, Ngapipi Road, Kepa Road, Lucern Road and Shore Road.

v.Building facades should be articulated to create shadows, and have a varied roofline. Buildings must use exterior materials with a coefficient of reflectivity of less than 55 per cent.

vi.Sound building design precedents should be introduced to provide visual cues to the building’s overall scale and size and to avoid flat planes or blank facades devoid of modulation, relief or surface detail where visible from streets and public open space.

vii.Architectural design which differentiates upper building levels from lower and ground levels is encouraged.

viii.The overall form of buildings as seen from a distance should be cognisant of the original landform and the existing silhouette of trees on the peninsula.

ix.The overall form of buildings should complement the natural rise and fall of the land and existing trees on the peninsula.

x.Buildings seen from a distance should be varied and intricate in their rooflines and the patterns of light and shade resulting from balconies and other articulation of their facades.

xi.Long flat roof profiles should be avoided, while roof profiles which are varied are encouraged.

xii.Roof profiles should be designed as part of the overall building form and contribute to the architectural quality of the skyline as viewed from both ground level and the surrounding area. This includes the integration of plant, exhaust and intake units and other mechanical and electrical equipment into the overall rooftop design so that they are not visible from beyond Orakei Point.

xiii.The use of durable, high quality, inert and easily maintained materials on the exterior of buildings should be encouraged.

xiv.Side or rear walls should be used as an opportunity to introduce creative architectural solutions that provide interest in the façade including modulation, relief or surface detailing.

xv.Generally balconies over roads will only be considered appropriate where the balcony projects no more than 1.5m over the road, is no wider than 4m and is at least 7m above the surface of the road or footpath below.

b.Public safety

i.Consideration should be given to site amenity and safety considerations in the interim period prior to precinct plan 5 being completed (including for example temporary site fencing and/or amenity planting).

ii.Safe public pedestrian and service access should be maintained to the Orakei rail station and methods to ensure that this access is maintained from public places at all times the rail service is operating (such methods may include the registration of legal instruments on the land title(s)).

iii.New development, including parking, should be designed in accordance with principles of CPTED.

c.Creating a positive frontage

i.Building frontages at street level and at the lee and waterfront plaza level must contribute to pedestrian vitality, interest and public safety. This includes a variety of architectural detail and maximising doors, window openings and balconies fronting streets and plazas.

ii.Ground floor spaces facing the street and plaza should have windows and doors which look directly onto the street and plaza, with glazing to comprise a major portion of the ground floor façade.

iii.Building entrances should be visible and easily identifiable from the street and plaza and directly accessible from street and plaza level.

iv.Fences and walls may be erected between areas of public and private open space, however the design of such fences and walls must be integrated with landscaping and a landscaped/land formed edge may be more appropriate than solid fences or wall.

v.Where possible passenger drop off points should be close to entrances.

vi.Building frontages alongside open space land must contribute to vitality, interest and public safety. This includes a variety of architectural detail and maximising window openings and balconies fronting onto the public open spaces.

vii.The floor level of buildings fronting open space zoned land may be above ground level to provide privacy to the occupants or to allow for the fall of the terrain. However any foundation walls should have a modulated form or be landscaped to avoid the appearance of stark retaining walls or undercroft openings.

viii.Buildings should address and align to the street boundary of an identified building platform to a height appropriate to define and enclose the street and define the edge of public places. Minor modulation and variance of the frontage layout, such as recessed pedestrian entrances and windows, is acceptable to avoid architectural monotony provided that the overall continuity of the frontage is not compromised.

ix.Where buildings have backs, they should not be oriented to streets, public plazas, or the foreshore open space zoned land. The backs of buildings should be orientated towards the backs of other buildings on the site wherever practical.

x.The rhythm and scale of architectural features, fenestration, finishes and colour should harmonise with and complement the streetscape and public places, particularly where this would assist or strengthen the overall effect of the building frontage.

xi.Where large sites enable the development of an extensive street building frontage, that frontage should be visually broken up through building separation and/or variation in building height, form and/or design to avoid monotonous building façades as viewed from streets and public open space and external viewing points.

xii.Primary entrances to buildings should be located along the main street elevation.

xiii.Where possible, windows should be designed to look directly onto the street and to adjoining public open spaces.

xiv.Building facades at middle levels should provide richness, interest and depth. This includes architectural detail and balconies fronting streets, plazas and public open spaces. Blank walls are strongly discouraged on such frontages.

xv.Large expanses of blank walls must be avoided at upper levels on street, plaza and public open space frontages. Servicing elements should not be placed on these facades unless appropriately integrated into the façade design.

d.Designing for landmark buildings (in particular Building H)

i.Landmark building’s overall form and the articulation of its façade should announce its unique position on the street or plaza and/or its public function.

ii.Landmark building articulation or façade treatment should be used to express its unique position on the street or plaza, including reduced setbacks and feature elements such as awnings and parapets.

iii.The top of the landmark building should be designed to distinguish it from adjacent buildings.

e.Activity relationship to public open spaces

i.Internal space at all levels within the building should be designed to maximise outlook for occupants onto streets and public open spaces.

ii.Activities which engage and activate streets, through site links and public open space at ground level are encouraged.

iii.Parking areas that are located within buildings and are visible from streets or public open spaces are strongly discouraged. It is required that building space with active uses will be provided between parking areas within buildings and street and public open space frontages ventilation and fumes from parking structures or other uses should not be exhausted into the adjacent pedestrian environment at podium level.

iv.To avoid privatising adjoining publicly accessible open space the boundary between public, semi-public and private open space should be clearly defined by either one or a combination of fencing or planting along the boundary of the private open space.

v.Fencing and planting should be designed and located in such a way to be sufficiently transparent or of low enough height to ensure there are clear views of the open space in accordance with principles of CPTED.

f.Centre vitality

i.Buildings should be designed to be highly adaptable to a variety of uses. For example, open structural frames and more than minimum floor-to-floor heights should be considered.

g.Design of parking, access and servicing

i.The extent to which parking, driveways and circulation is integrated into the overall site and building design;

ii.Parking areas should be located underground or within buildings, other than on-street public parking;

iii.Parking should be designed to minimise conflict between non-residential, residential and pedestrian traffic.

iv.Where they occur on the subject site, public places and public access linkages shown on Precinct Plan 5 should be provided for, and methods to ensure public access to and over such public places and public access linkages should be maintained at all times, excluding any areas set aside for outdoor dining (such methods may include the registration of legal instruments on the land title(s));

v.The proposed finished levels across the subject site should allow for public access linkages through and around the site and between adjacent sites, where these are envisaged by Precinct Plan 5.

vi.Methods to legally secure public access at all times to the public places and the linkages referred to in the above criteria should be provided, including in the interim period before Precinct Plan 5 is completed, and including prior to the vesting of public roads (such methods may include the registration of legal instruments on the land title(s)).

vii.Methods to secure access to other properties within the Orakei Point precinct should be provided.

viii.Buildings should be designed to provide strong architectural cues to accessways and through-site links, with clear and legible entrances, to enhance the visible sense of pedestrian access to the area.

ix.Access to the development should be clearly defined and identifiable to both vehicles and pedestrians as they approach the site and emerging from public transport/rail station, with a particular focus on wayfinding methods to increase the legibility of the rail station.

x.The design of vehicle ingress and egress to sites should be primarily considered from the perspective of pedestrians and cyclists, particularly in terms of visibility and the use of paving materials.

xi.Frontages should be designed as far as possible to avoid multiple service and access interruptions to frontage continuity.

xii.Where possible vehicle access points should be located away from the main road frontage to minimise vehicle crossing and accessways;

xiii.A temporary vehicular access to development in sub-precinct A directly from Orakei Road must be acceptable, subject to the appropriate design, turning restrictions and position of the access drive and footpath crossing, where development within sub-precinct A occurs prior to the establishment of the link road. A condition may be imposed on the resource consent requiring the closure of this temporary access upon the completion of construction of an alternative access to sub-precinct A directly from the link road.

xiv.Access points should be designed to be compatible with the visual appearance of the building(s).

xv.Where possible integration of access for vehicular uses (cars, truck and buses) should be used to minimise the crossing of pedestrian paths.

xvi.Accessways should be designed to safely accommodate emergency services and other large vehicles.

xvii.Where alternative vehicle access is available, the creation of new vehicle crossings across frontages within the frontage height and activity control is discouraged,

xviii.Buildings and parking areas should be designed to provide for disabled access, including to extent to which they comply with NZS 4121:2001 Design for access and mobility: buildings and associated facilities.

xix.Parking areas that are located within buildings and are visible from streets or public open spaces are strongly discouraged. It is required that building space with active uses will be provided between parking areas within buildings and street and public open space frontages ventilation and fumes from parking structures or other uses should not be exhausted into the adjacent pedestrian environment at podium level.

h.Accommodation

i.Accommodation should have natural through ventilation, and where there are external windows on more than one wall by window openings facing different directions. Notwithstanding any requirements to achieve internal acoustic amenity, ventilation provided solely by mechanical means is not appropriate.

ii.Internal design of every accommodation unit within a development should maximise outlook, as distinct from views.

iii.A mixture of apartment types should be provided within each building.

iv.Plans submitted for consideration by the council as part of a resource consent application, must include a scaled floor plan showing the living arrangement and configuration within each residential or accommodation unit, including scaled furniture.

i.Site Amenity

i.Screening and/or landscaping will be required of all parking, loading and servicing areas within buildings that are visible from streets or public open spaces.

ii.Site services such as mechanical, electrical and communications equipment must generally be concealed from streets or public open spaces.

iii.Service areas should be located in areas where they do not detract from the developments visual appeal.

iv.Rubbish storage and recycling facilities should be located away from habitable spaces and screened from public places.

j.Sustainability

i.The extent to which buildings are designed to be sustainable through the use of durable low maintenance materials, inert exterior cladding, maximising solar access and natural ventilation and the incorporation of mechanical and electrical systems that achieve energy efficiency.

ii.The extent to which living spaces within buildings are oriented toward the north to allow for provision of good natural light.

iii.On-site landscaping should generally consist of indigenous vegetation.

iv.The extent to which measures will be adopted to remove endemic lizards from works footprint prior to works commencing and relocate lizards (ideally to open space on the southern side of Orakei Road).

v.On-site stormwater conservation measures should be incorporated where appropriate including rainwater harvesting devices, green roofs, site landscaping, rain gardens and wetland treatment systems and stormwater planter boxes (subject to soil contamination considerations).

vi.Separate infrastructure reports should be submitted with resource consent applications assessing infrastructure effects from proposed developments.

vii.Adequate storage space must be provided for rubbish and recyclable material, in a location which is clearly visible within the site and easily accessible to occupants and collection vehicles.

viii.Building and demolition should be undertaken in such a way that maximises the use of waste materials for reuse and recycling.

ix.The extent to which buildings are insulated beyond the minimum standard to keep buildings warm in winter, cooler in summer, and reduce long term maintenance costs;

x.The extent to which buildings are constructed using materials that have a high thermal mass such as bricks, concrete and stone to increase energy efficiency;

xi.The extent to which buildings utilise external shades and overhangs, and internal blinds, louvres and curtains to maximise solar access in winter and minimise it in summer;

xii.The extent to which lighting controls enable occupants to minimise energy use.

xiii.The extent to which active solar technologies are incorporated into new development;

xiv.Where solar water heaters are used, they must be incorporated into the design of buildings with consideration of their visual impact.

k.Orakei Road parking building

i.The sloping face of the Orakei Road parking building should be landscaped in a manner that provides a terraced profile or have a modulated form so as to create a natural hill profile characteristic of volcanic forms within Auckland, with particular reference to the tuff ring form of Orakei Basin.

ii.The face and roof of the building should be landscaped and must have sufficient soil depth and drainage to ensure proper plant growth.

iii.A fence or some other form of appropriate barrier should be erected at the top and sides of the slope for safety.

iv.Planting may either be low grasses and flaxes or trees, but should generally consist of indigenous vegetation,

v.The park building and adjoining building should be sufficiently separated by both an access lane and light well so as to achieve daylight access into a motor court;

vi.A detailed landscape plan showing compliance with the above criteria should be provided with the application for the approval of the council. The landscape plan should provide details on drainage, soil depth and watering, together with a maintenance plan.

vii.That prior to the ‘green hill’ covering the Orakei Point parking area being designed and constructed, that an appropriately qualified landscape architect be engaged to confirm that planting on the slope can sustain a vegetative cover, including moderate sized trees, over the long term.

l.Travel Demand Management Plan

i.Any travel plan submitted with a proposal should use tools and targets to encourage people to travel by alternative modes of transport other than by private car, including public transport, walking and cycling and ride sharing. The travel plan should include the following:

•Information on existing vehicle, public transport, cycle and pedestrian infrastructure

•Details on the initial implementation and continued development of the travel plan

•Methods to achieve and monitor the objectives of the travel plan

•A description of facilities to encourage alternative means of transport such as staff showers and bicycle racks. The ratios for bicycle parking for private development set out in the ARTA Guidance Note for Cycle Parking Facilities 2007 must be used as guide for the provision of cycle parking.

m.Construction management

i.Appropriate measures should be implemented during construction to avoid, remedy or mitigate any adverse effects associated with construction, including effects on:

•The coastal marine area through stormwater and sediment control measures

•The safety and flow of pedestrian and vehicular traffic through appropriate location and management of construction site access locations, provision for off loading of materials and receipt of waste materials and off-street parking for workers

•Amenity and safety through appropriate construction site fencing or screening and location of workers facilities

•The road network through measures to avoid and/or clean up debris including wheel washing facilities and procedures to clean up debris

•Access to the railway station, other sites and public areas

ii.This criterion may be satisfied with consent conditions requiring the provision of a construction management plan, addressing at a minimum the above matters.

n.Traffic impact on roads and intersections

i.The actual or potential traffic effects of the development on the safety and flow of the road network, having particular regard to the impact of the traffic generated by the development on Orakei Road and its intersections. Where the traffic and road improvements have been met, then this criterion must be deemed to be satisfied and no assessment of the actual or potential traffic effects of the development is required.

o.Fencing

i.Any fencing abutting public open space must be highly transparent with recessive powder coated finish. Any fencing should also incorporate landscape initiatives to improve the visual appearance at the interface to open space, as well as to deter tagging.

ii.Deter access to the railway portal.

p.Reverse sensitivity effects associated with the operation of the rail line and roads

i.Buildings to be occupied by residential units, visitor accommodation or other sensitive activities:

•Where located in accordance with Precinct Plan 5, must be appropriately designed to avoid or mitigate reverse sensitivity effects of noise, vibration and fumes associated with the current and future operation of the railway line, and noise effects from traffic.

•Reverse sensitivity>Where located otherwise than in accordance with Precinct Plan 5, must be appropriately located and designed to avoid or mitigate reverse sensitivity effects of noise, vibration and fumes associated with the current and future operation of the railway line, and noise effects from traffic.

ii.In relation to residential units, in addressing these effects the design of such buildings should have particular regard to the location of bedrooms and other habitable rooms, the type and thickness of glass, and the presence or otherwise of opening windows or doors to the exterior.

iii.A description of the proposed design methodology for avoiding or mitigating adverse effects from noise, vibration and fumes associated with the current and future operation of the rail line must accompany any resource consent application.

2. Additions and alterations to existing buildings

a. Building design and external appearance

Refer to the assessment criteria in 5.2.1(a) above.

b. Public safety

Refer to the assessment criteria in 5.2.1(b) above.

c. Creating a positive frontage

Refer to the assessment criteria in 5.2.1(c) above.

d. Activity relationship to public open spaces

Refer to the assessment criteria in 5.2.1(e) above.

e. Centre vitality

Refer to the assessment criteria in 5.2.1(f) above.

f. Design of parking, access and servicing

Refer to the assessment criteria in 5.2.1(g) above.

g. Accommodation

Refer to the assessment criteria in 5.2.1(h) above.

h. Site amenity

Refer to the assessment criteria in 5.2.1(i) above.

i. Sustainability

Refer to the assessment criteria in 5.2.1(j) above.

j. Travel Demand Management Plan

Refer to the assessment criteria in 5.2.1(l) above.

k. Construction management

Refer to the assessment criteria in 5.2.1(m) above.

l. Traffic impact on roads and intersections

Refer to the assessment criteria in 5.2.1(n) above.

m. Fencing

Refer to the assessment criteria in 5.2.1(o) above.

n. Reverse sensitivity effects associated with the operation of the rail line and roads

Refer to the assessment criteria in 5.2.1(p) above.

3. Community facilities between 500m2 and 2,000m2 GFA

a. Building design and external appearance

Refer to the assessment criteria in 5.2.1(a) above.

b. Public safety

Refer to the assessment criteria in 5.2.1(b) above.

c.Creating a positive frontage

Refer to the assessment criteria in 5.2.1(c) above.

d. Activity relationship to public open spaces

Refer to the assessment criteria in 5.2.1(e) above.

e. Centre vitality

Refer to the assessment criteria in 5.2.1(f) above.

f. Design of parking, access and servicing

Refer to the assessment criteria in 5.2.1(g) above.

g. Accommodation

Refer to the assessment criteria in 5.2.1(h) above.

h. Site amenity

Refer to the assessment criteria in 5.2.1(i) above.

i. Sustainability

Refer to the assessment criteria in 5.2.1(j) above.

j.Travel Demand Management Plan

Refer to the assessment criteria in 5.2.1(l) above.

k.Construction management

Refer to the assessment criteria in 5.2.1(m) above.

l. Traffic impact on roads and intersections

Refer to the assessment criteria in 5.2.1(n) above.

m. Fencing

Refer to the assessment criteria in 5.2.1(o) above.

n. Reverse sensitivity effects associated with the operation of the rail line and roads

Refer to the assessment criteria in 5.2.1(p) above.

4. Use of buildings for any activity listed in this table as permitted where the site is located within 30m either side of the land designated for railway purposes and the site is not subject to a restrictive non-complaint encumbrance in favour of New Zealand Railways Corporation and Ports of Auckland Limited.

a. Restrictive Non-complaint Encumbrance for the Orakei Point precinct

i. Any permitted activity within a building inside an area bounded by lines 30m either side of the land designated for railway purposes within the site on which the building is located is not subject to a restrictive non-complaint encumbrance in favour of New Zealand Railways Corporation and Ports of Auckland Limited.

• The activity should be sensitive to any adverse effects from the surrounding environment, including the effects of noise, vibration and fumes associated with the current and future operation of the railway line, and noise effects from traffic.

• The building to be occupied by the activity should be located and designed to avoid or mitigate reverse sensitivity effects and any adverse effects described in clause 4(a) above.

b. Reverse sensitivity effects associated with the operation of the rail line and roads

Refer to the assessment criteria in 5.2.1(p) above.

c. Fencing

Refer to the assessment criteria in 5.2.1(o) above.

5.Buildings within the Special Tree Protection Area

a.Existing tree protection

i.This rule applies to those trees existing as at 18 January 2010 located within the special tree protection area identified by hatching on Precinct Plan 4. The special tree protection area identified on Precinct Plans 3 and 4 extends to the outer dripline of those existing trees as at the date of any application for consent under this rule. In the event of any inconsistency, the extent of the special tree protection area as defined in this rule takes precedence over the extent of the special tree protection area as shown on Precinct Plans 3 and 4.

ii.Trees and parts of trees within the special tree protection area must be retained except where:

•The tree or a part of the tree is structurally unsound or

•Removal of the tree or part of the tree would beneficial to the health and growth of existing, more appropriate trees on the site, taking into account the size, appearance, health and conditions of those existing trees or

•The removal of the tree or part of the tree is necessary to provide for the access drive contained within sub-precinct A or other public road shown on Precinct Plan 5.

iii.Building and vehicle access within the Special Tree Protection Area must be assessed against the following criteria:

•The work should be necessary to give effect to and generally accords with Precinct Plan 5.

•An assessment should have been prepared by a suitably qualified arborist competent in the development assessment process.

•The new building work should incorporate measures to comply with the recommendations of the above arboricultural assessment. Those measures should be detailed in a Tree Protection Plan, designed by a suitably qualified arborist, as specified in the information requirements.

•The vehicle access within sub-precinct A should be designed to achieve its required function of providing vehicle access from Orakei Road to the upper levels within sub-precinct A, as shown in Precinct Plan 5, while minimising adverse impacts on any tree.

b.Tree protection plan

i.An arborist who is familiar with development must develop a detailed Tree Protection Plan (TPP) and assist in the design stages to provide a design that will avoid or minimise adverse effects on the protected trees. The TPP must be submitted to the council for review and approval. The TPP must specifically include:

•Pruning schedule including all pruning maintenance

•Details on proposed irrigation system including timing and monitoring

•Arboricultural monitoring including timing, frequency and memos

•Specific controls for works under tree crowns and in close proximity

c.Site specific tree protection

i.A supervising works arborist must be appointed by the consent applicant/holder to monitor and supervise the site and ensure the conditions of consent are complied with.

ii.The supervising arborist must be independent and not involved in undertaking the physical works.

iii.The supervising works arborist must provide brief written confirmation statements at the following times which will be forwarded to the relevant council monitoring officer:

•The irrigation system has been commissioned and correct monitoring is in place.

•Pre-commencement meeting and implementation of protection fencing.

•The arborist will clearly identify all approved pruning and supervise the pruning. A memo will be supplied at the completion of the pruning.

•Preliminary excavations and inspection adjacent to retained trees to ascertain appropriate protection methods are utilised and roots are pruned correctly.

•Monthly update of weekly inspections.

•Final report documenting compliance and any issues of non-compliance along with any remedial works required.

d.General tree protection

i.Details of hazard fencing will be placed around the edges of trees as specified by the supervising arborist.

ii.Details of how preliminary excavations and exploratory inspections will be undertaken adjacent to the trees to determine root activity and ensure roots are pruned correctly.

iii.An arborist must supervise the works within root zones of trees.

iv.If roots are uncovered during works, roots must be covered with Geotextile fabric and the ground and surface roots must be kept moist.

v.All roots exposed during excavations that require removal will be cleanly cut back to the excavation surface using a handsaw or secateurs in accordance with modern arboricultural practices.

vi.Details of when concrete is to be poured in excavations all exposed roots must be covered with polythene to prevent any contaminants contacting the exposed roots.

vii.No machinery is to be stored or operated within the root zone of any protected tree unless it is supported on an existing concrete or asphalt surface.

viii.viii. No materials, spoil, fill, soil or equipment will be stored or temporarily placed within the root zone of any protected tree unless it is approved by the works arborist and is on an existing hard surface.

ix.People or machinery must not use the area of the root zone of any protected tree on the site for temporary or permanent access unless specifically mentioned in the consent application and conditions of consent.

x.The tree protection work will be completed prior to the main construction starting to ensure the tree protection methods are in place before multiple contractors are on site.

xi.All site access will be formed away from the street trees. All services including drainage will be located outside the root zone of the protected trees unless specifically mentioned in the arboricultural report.

xii.Pruning will be carried out in accordance with ANSI A300 Pruning Standards and be approved by the supervising arborist.

6.Construction of public open space, public accessways, overpasses and plazas, and accessory buildings (excluding roads)

a.Building design and external appearance

Refer to the assessment criteria in 5.2.1(a) above.

b.Public safety

Refer to the assessment criteria in 5.2.1(b) above.

c.Creating a positive frontage

Refer to the assessment criteria in 5.2.1(c) above.

d.Activity relationship to public open spaces

Refer to the assessment criteria in 5.2.1(e) above.

e.Centre vitality

Refer to the assessment criteria in 5.2.1(f) above.

f.Design of parking, access and servicing

Refer to the assessment criteria in 5.2.1(g) above.

g.Accommodation

Refer to the assessment criteria in 5.2.1(h) above.

h.Site amenity

Refer to the assessment criteria in 5.2.1(i) above.

i.Sustainability

Refer to the assessment criteria in 5.2.1(j) above.

j.Travel Demand Management Plan

Refer to the assessment criteria in 5.2.1(l) above.

k.Construction management

Refer to the assessment criteria in 5.2.1(m) above.

l.Traffic impact on roads and intersections

Refer to the assessment criteria in 5.2.1(n) above.

m.Fencing

Refer to the assessment criteria in 5.2.1(o) above.

n.Reverse sensitivity effects associated with the operation of the rail line and roads

Refer to the assessment criteria in 5.2.1(p) above.

o.Precinct Plan 5

The extent to which the location and design of the public open space, accessways and plaza is generally consistent with precinct plan 5. In particular:

i.Public access linkages, bus stops, at-grade parking, drop-off points, pedestrian spaces, footpaths, roads; linkages to coastal boardwalks and other connections shown on precinct plan 5 should be provided for.

ii.The proposed finished levels across the subject land area should allow for public access linkages through and around the site, where these are envisaged by precinct plan 5.

iii.Methods to legally secure such linkages, including in the interim period before Precinct Plan 5 is fully given effect to should be provided.

iv.Methods to secure access to other properties within the precinct should be provided.

v.Consideration should be given to site amenity and safety considerations in the interim period before Precinct Plan 5 is fully given effect to.

vi.Safe public pedestrian and service access should maintained to the Orakei rail station and methods to secure such access.

p.Public open spaces, public accessways and streets

i.The extent to which public open spaces (including parks, plazas and linkages) and streets are designed to comply with the Safety Guidelines at Annexure 16; including the guidelines on informal surveillance, clear visibility of building entrances and public spaces, lighting, clear definition of space, entrapment spots.

ii.Buildings and parking areas should be designed to provide for disabled access, including to extent to which they comply with NZS 4121:2001 Design for access and mobility: buildings and associated facilities.

iii.Public open spaces, accessways and streets, including parks and plazas should be open and accessible to the public from a public place at all times, except where required to be closed for operational, safety or security reasons.

iv.Methods to legally secure public access at all times to the public places and the linkages referred to in the above criteria should be provided, including in the interim period before Precinct Plan 5 is given effect to and including prior to the vesting of public roads (such methods may include the registration of legal instruments on the land title(s)).

v.Public open spaces accessways and streets, including parks and plazas should be designed to attract people and have high quality and appropriate landscaping. The design of public open spaces should be integrated across the peninsula as a whole and should integrate with the design of buildings. To achieve this, the following factors are important:

•The public open space should be designed with a sense of order and proportion and have regard to the human scale.

•Public open spaces should be orientated and designed to provide pedestrians with adequate access to sunlight. In particular, public spaces should be designed to maximise sunlight access between 10am and 2pm on the shortest day.

•Where part of the public open space is proposed to be within or under a building, its design should demonstrate to the satisfaction of the council that there is adequate access to daylight and/or sunlight provided for the amenity of people using the area and for the maintenance of plant health and growth there is adequate soil depth, drainage and watering to maintain plant health and growth and that the plant species within or under the building are suitable for such locations.

•Shade and shelter should be provided for pedestrians where possible, in conjunction with colonnades or verandas on adjoining buildings.

•Seating and landscaping should be in pleasant, clearly visible, convenient and safe locations. Landscaping should comprise low shrubs and plants or tall open trees and shrubs which do not visually obscure the seating from public viewing.

•Robust, durable surfaces and materials should be used.

•Soft and hard landscaping should follow a consistent palette of materials and colours throughout Orakei Point, themed to give a distinctive sense of place, with reference to the cultural, geological and ecological values of the peninsula and its surrounds.

•Provision should be made for large specimen trees in tree pits within the plaza area.

•Adequate provision should be made for access and use of the public space by the disabled, including visually impaired.

•Vegetation species are encouraged that promote habitats and bird feeding.

•A detailed landscape plan showing compliance with the above criteria must be provided with the application for the approval of the council.

vi.In order to encourage public use of public open space and to provide surveillance at night the following factors should be addressed:

•A lighting strategy should be submitted with the application for resource consent for construction of public open space, accessways and plazas.

•Provision should be made for activities to locate within the amenity areas or spill out into them from adjacent private space.

•Buildings adjoining the public open space should be designed to provide for, or facilitate the establishment of, those activities which attract people, especially at night. For example upper level residential accommodation with windows or balconies overlooking the public open space would be appropriate, as would adjoining cafes, restaurants or small shops.

7. Commercial car parking in sub-precinct F

a. Design of parking, access and servicing

Refer to the assessment criteria in 5.2.1(g) above.

b. Large commercial parking

i. The parking in addition to 1750 parking spaces should not adversely impact on the safety and flow of traffic on the road network.

ii. The parking, in addition to 1750 parking spaces should provide for the traffic and parking demands of the development in the event that the required public transport improvements have not occurred. The threshold for sufficient provision of public transport improvements must be determined with regard to the following thresholds:

• A train headway of at least 10 minutes in each direction during weekday commuter peak travel periods (i.e. train services to Orakei Station must be at least at 10 minute intervals)

•Bus connections to Orakei Station at least at 30 minute intervals

iii. The use of the parking and staging of the parking. In this regard, parking in addition to the 1750 limit must only be considered acceptable where:

• It occurs after disestablishment of the 200 park and ride spaces within the precinct and

• It is only used ancillary to other activities within the precinct.

iv. Commercial parking should only be considered acceptable as a temporary use of unallocated spaces within a parking building and prior to the completion of development within sub-precinct F.

v. The hours of operation of the commercial parking. In particular, regard should be given to the operating hours and pricing incentives for associated traffic movements to avoid peak traffic flows.

c. Orakei Road parking building

Refer to the assessment criteria in 5.2.1(k) above.

d. Site Amenity

Refer to the assessment criteria in 5.2.1(i) above.

e. Sustainability

Refer to the assessment criteria in 5.2.1(j) above.

f. Travel Demand Management plan

Refer to the assessment criteria in 5.2.1(l) above.

g. Construction Management

Refer to the assessment criteria in 5.2.1(m) above.

8. Parking between 1750 and 1950 spaces

a. Design of parking, access and servicing

Refer to the assessment criteria in 5.2.1(g) above.

b. Large commercial parking

Refer to the assessment criteria in 5.2.1(b) above.

c. Orakei Road parking building

Refer to the assessment criteria in 5.2.1(k) above.

d. Site Amenity

Refer to the assessment criteria in 5.2.1(i) above.

e. Sustainability

Refer to the assessment criteria in 5.2.1(j) above.

f. Travel Demand Management plan

Refer to the assessment criteria in 5.2.1(l) above.

g. Construction Management

Refer to the assessment criteria in 5.2.1(m) above.

1. An application for a new building must be accompanied by the following:

a. Drawings showing the location and design of the proposed building relative to existing and proposed public spaces, streets and open spaces, and any approved buildings

b. Where changes are intended, the relationship of site contours to existing and proposed streets, any adjacent coastal environment or public open space

c. The location and layout of open space areas (within the control of the landowner or leaseholder)

d. The location of public and private linkages to, through and around the site

e. The location of vehicle access, parking areas and loading areas

f. Cross sections showing the relationship of the building to adjoining public open space and streets

g. Building elevations and profiles viewed from locations within and outside of Orakei Point showing the building relative to its neighbours, including any approved buildings and allowable building envelopes on as yet undeveloped sites

h. Demonstration of the individual building’s compliance with the cumulative activity, building GFA, parking, traffic generation threshold and mix of residential units controls, including the totals of both existing and consented development within the precinct

i. An urban design and universal access statement

j. A description of legal instruments that will be entered into to secure and maintain appropriate public access across the site in accordance with the requirements of Precinct Plan 5.

2. An application for construction and/or relocation of new buildings and new accessory buildings, including external additions to existing buildings, and accessory buildings within the special tree protection area must be accompanied by an arboricultural assessment, and a tree protection plan.

3. The arboricultural assessment must identify the potentially affected trees and all proposed building works within the Special Tree Protection Area. This assessment must be based on best practice methods and must be within the guidelines as set out in “Trees and Development: A Technical Guide to Preservation of Trees During Land Development”. (Champaign IL: International Society of Arboricultural. Matheny, N., & Clark J.R, (1998)). The assessment must include the following:

a. An assessment of any modifications proposed to the tree crown and/or branches on the health of the tree

b. The extent of injury to tree roots and potential effects on the health of the tree

c. The effects of any earthworks on the tree

d. The effects of changes to hydrology, soil science, and ground levels on the tree

e. The effects of buildings on daylight to the tree canopy

f. Measures to avoid clearing native trees and shrubs that are known habitats during the breeding season for indigenous forest birds (October to February inclusive)

g. Specifications to minimise impacts and protect trees, both during the construction process and ongoing