Notice of Requirement for Pinehaven Stream
Decision of the Territorial Authority of Notice of Requirement for the Pinehaven Streamworks
On 16 December 2020 Upper Hutt City Council made a resolution to accept the Hearing Panel’s recommendation to ‘the requiring authority (Upper Hutt City Council) that it confirms the requirement as modified by our findings, including amendments to the footprint, and subject to the conditions recommended in the Hearing Panel's report for the reasons set out in the Hearing Panel’s report ( as the territorial authority’s DECISION on this Notice of Requirement for the designation for the Pinehaven Stream Works; the full resolution can be found at Council Meeting - 16 December 2020
The decision was notified to submitters and affected persons on 22 January 2021.
Hearing Panel's Report
The Hearing Panel issued their decision on the resource consent application and recommendation on the Notice of Requirement on the 4th of September 2020
Please note that the appeal periods for the decision on the resource consent application and the recommendation on the Notice of Requirement are different as outlined below.
Resource Consent granted by GWRC
If the applicant or any submitters are dissatisfied with the decision to grant the resource consent, they may appeal to the Environment Court under sections 120 and 121 of the Resource Management Act 1991 within 15 working days of the decision date (ie. by 25 September 2020). If no appeals are received by 25 September 2020 on the resource consent decision, GWRC will issue the applicant the consent certificates.
Recommendation on the Notice of Requirement to UHCC
The Hearing Panel have made a recommendation that the Notice of Requirement be approved under section 171 of the Act. This recommendation is to the Upper Hutt City as territorial authority. The Upper Hutt City Council will consider this recommendation at the council meeting 4 November 2020. Following this meeting the Upper Hutt City Council as a requiring authority will make a decision within 30 working days under section 172 of the Act as to whether to accept or reject the recommendation. When that decision has been made, the Upper Hutt City Council must issue a notice of decision to submitters within 15 working days under section 173 of the Act. Submitters who are dissatisfied with this decision may appeal to the Environment Court under s174 of the Act within 15 working days of receiving that decision. Upper Hutt City Council will therefore inform submitters by email as to when this decision has been made, and the relevant appeal period.
Summary of the proposal
The works are proposed over a length of approximately 1,200m in the lower catchment of the Pinehaven Stream. This extends from the Pinehaven Reserve to the inlet where the Pinehaven Stream is piped to the Hulls Creek.
The purpose of the works is to reduce flood risk from the Pinehaven Stream to the surrounding area. The works will increase the capacity of the stream and its tributaries to a 1 in 25 year return period, reduce risk of injury or harm from flood flows, integrate overland flow paths into the stormwater network, and enable efficient and effective construction and ongoing maintenance of the structures.
The proposal includes changes to the Pinehaven Stream channel and crossing structures in the lower reaches to provide for a 25-year channel capacity. The proposed stream improvement works include the:
- Creation of natural channel sections with riparian planting
- Construction of vertically sided lined stream sections
- Securing overland flow paths
- Removing, replacing and constructing new bridges
- Removing three dwellings (4 Sunbrae Drive, 28 and 48 Blue Mountains Road)
- Upgrading stormwater system inlet pipes and fit with debris screens
- Construction of a low wall along the boundary of Willow Park and 10a Blue Mountains Road to divert floodwaters
- Construction of a private road access to 30, 32, 34 and 36 Blue Mountains Road
- Relocation of utilities which cross the stream
The proposed works are intended to be completed in stages. It is anticipated that construction for stream improvement works will occur over 70 weeks but may take up to 2 years to complete.
Resource consents sought from GWRC
The applicant has applied for the following resource consents from GWRC:
- Land use consent for excavations within the streambed
- Land use consent for bank stabilisation works, erosion repair, structures in and over the streambed and earthworks
- Land use consent for the relocation of utility pipelines over the streambed
- Water permit for the temporary take, use, damming and diversion of water during works
- Water permit for the permanent diversion of water by structures erected as part of the works
- Reclamation of approximately 50m of streambed as a result of the relocation of the streambed
- Water permit for the diversion of flood water outside of the streambed
- Discharge permit for the discharge of sediment-laden water during works
Notice of Requirement sought from UHCC
The proposed designation would cover the area of the proposed construction works described above and would allow for these works to occur. The designation boundary would be adjusted once the structural works are complete. It will be reduced to an extent that is required for the on-going maintenance of the works. The applicant has proposed a number of conditions for the designation to address the effects associated with the proposal. The Requiring Authority for the designation is Upper Hutt City Council.
The application and all supporting information, including the Assessment of Environmental Effects (AEE), initial technical reviews, and formal correspondence has been provided.
View these documents below.
The officers in charge of processing this application are:
- Appendix A - Location Plans(PDF, 11MB)
- Appendix B - General Arrangement Plans - received June 2020(PDF, 11MB)
- SUPERSEDED Appendix B - General Arrangement Plans(PDF, 11MB)
- Appendix C - Designation Plans(PDF, 11MB)
- Appendix D - Site Access and Laydown Plans(PDF, 12MB)
- Appendix E - Typical Cross Sections(PDF, 319KB)
- Appendix F - Landscape Plans(PDF, 12MB)
- Appendix W - ESCP(PDF, 43MB)
- Resource Consent Notice and Notice of Requirement(PDF, 29MB) (including Appendixes G-X)
- SUPERSEDED Flood Hazard Assessment Addendum 14-11-2019(PDF, 203KB)
- SUPERSEDED Flood Hazard Assessment Addendum 27-11-2019(PDF, 2MB)
- Updated Flood Hazard Assessment 15 June 2020(PDF, 3MB)
- Council Section 92(2) letter 24-09-2019(PDF, 448KB)
- WWL response to s92(2) letter 24-09-2019(PDF, 86KB)
- Council response to WWL letter dated 10-10-2019(PDF, 230KB)
- Climate change factor GWRC position(PDF, 308KB)
- GWRC Section 92(1) letter 3-12-2019(PDF, 370KB)
- UHCC Section 92(1) Letter 6-12-2019(PDF, 145KB)
- S.92-letter-NOR-Feb-20(PDF, 129KB)
- Jacobs-Pinehaven-Stream-Improvements-s92-Dec-Response(PDF, 9MB)
- Jacobs-Pinehaven-Stream-Improvements-s92-Feb-Response(PDF, 3MB)
- Applicant response to UHCC s92(1) letter 26-02-2020(PDF, 3MB)
- UHCC request for further information under s92(1) 3-02-2020(PDF, 129KB)
- Email from GWRC to applicant requesting model is re-run and flood hazard Assessment is updated 6-04-2020(PDF, 63KB)
- Email from UHCC to applicant clarifying the requested information 15-04-2020(PDF, 100KB)
- Scope of Flood Model re-run 22-04-2020(PDF, 102KB)
Initial Technical Reviews
- Dr Evan Harrison, aquatic ecology(PDF, 277KB)
- Gregor McLean - Erosion and Sediment Control(PDF, 236KB)
- Mike Law, summary of model review meeting 22-10-2019(PDF, 253KB)
- Sharyn Westlake, erosion, scour and flooding(PDF, 262KB)
- Frances Forsyth terrestrial and riparian ecology(PDF, 1MB)
- Harriet Fraser traffic matters(PDF, 426KB)
- SUPERSEDED Mike Law Flood Model and Flood Hazard Assessment 21-11-2019(PDF, 2MB)
- Mike Law Flood Model and Flood Hazard Assessment 2-12-2019.pdf(PDF, 2MB)
Formal Correspondence with Submitters
Directions from Hearing Panel
Responses to minutes issued by Hearing Panel
Section 42A Officers Reports
- Mike Law Expert Evidence 12-07-2020(PDF, 253KB)
- Pinehaven EIC - Adam Forbes - Terrestrial Ecology(PDF, 2MB)
- Pinehaven EIC - Alex James - Aquatic Ecology(PDF, 499KB)
- Pinehaven EIC - Ben Fountain - Project Need(PDF, 590KB)
- Pinehaven EIC - Claire Conwell - Erosion and sediment control(PDF, 159KB)
- Pinehaven EIC - David Compton-Moen - Landscape and Visual(PDF, 2MB)
- Pinehaven EIC - Eric Skowron - Project Overview(PDF, 123KB)
- Pinehaven EIC - Helen Anderson - Planning(PDF, 323KB)
- Pinehaven EIC - Peter Kinley - Flood Model Design(PDF, 261KB)
- Pinehaven EIC - Tim Haylock - Construction Methodology(PDF, 246KB)
Applicants Supplementary Evidence
Joint Witness Statements from Expert Conferencing
Please note that Formal Correspondence and Technical Reviews will be added to weekly as more information is received in relation to this consent.
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