The Hearing Panel issued their decision on the resource consent application on the 5th of March 2021.
Eastern Bays Shared Path Decision Report of Independent Hearing Panel
Appendix 1 - Resource Consent Conditions
The appeal period closed on 26th March 2021.
For guidance on the appeal process please refer to the Environment Court of New Zealand’s website at https://environmentcourt.govt.nz/court-process/lodge-appeal-or-application/
On 15 May 2019 Greater Wellington Regional Council (GWRC) and Hutt City Council’s regulatory arm (HCC Consents) received a joint application for a resource consent related to the Eastern Bays Shared Path.
Hutt City Council (Transport Department)
Address for Service:
Hutt City Council
Attention: Caroline van Halderen
PO Box 13-052
By email: email@example.com
Legal Road and Local Purpose Reserve, Sec 1 SO 31984, Lot 4 DP 10005, Lot 1 DP 1538 and the Coastal Marine Area (CMA); on the seaward side of Marine Drive, between Point Howard and the northern end of Days Bay, and extending from the southern end of Days Bay (Windy Point) to Eastbourne (at Muritai Road/Marine Drive intersection).
Resource consent is being sought by Hutt City Council’s Transport Department to construct, operate and maintain a 4.4km shared path (cycleway and pedestrian access) along the seaward edge of Marine Drive. The Shared Path is to be constructed in two sections:
The joint application covers the entire length of the shared path and an integrated approach to consenting has been adopted whereby the applicant has assessed the project’s overall environmental effects, instead of assessments specific to the activities requiring consent within each regulatory authority. Certain areas of the shared path, and associated seawalls, steps, ramps and bus shelters which are located on land to be reclaimed within the coastal marine area (CMA) are being considered under s 89(2) of the Resource Management Act 1991 as if these activities related to an activity on land within the Hutt City Council District.
The applicant is seeking a 10 year lapse period for all resource consents pursuant to section 125 of the Resource Management Act 1991.
Reclamation activities (unlimited consent duration sought)
Coastal permit for the reclamation and associated drainage of foreshore and seabed required to construct new structures, and additions/alterations and replacement of existing structures
Construction of new structures and the addition/alteration, replacement and demolition and removal of existing structures (35 year consent duration sought)
Coastal permit to construct new structures, and undertake additions and/or alterations, replacement, and removal and demolition of existing structures (seawalls, rock revetments, boat ramps, beach access structures, edge protection structures, stormwater outlets) located within the coastal marine area, including any associated:
Beach nourishment (35 year duration sought)
Coastal permit to deposit natural materials, including sand, shingle and shell, onto the intertidal beach at Point Howard, Lowry Bay and York Bay for beach nourishment purposes.
Driving machinery on the beach within sites of significance (35 year duration sought)
Coastal permit for disturbance of the foreshore and seabed as a result of driving heavy machinery on the foreshore and seabed during construction and maintenance activities.
Earthworks outside of the coastal marine area (35 year duration sought)
Land use consent to undertake earthworks associated with construction of the shared path, including associated discharges of sediment laden water to land where it may enter coastal water.
The application and all supporting information, including the Assessment of Environmental Effects (AEE), further information supplied by the applicant since the application was lodged, and technical reviews of this further information has been provided.
View the application documents here.
View the further information provisions and associated technical reviews here.
The submission period closed on Wednesday 27th November 2019.
All submissions received have been summarised in the Summary of Submissions document.
The hearing was held 15th-17th December 2020.
All material presented at the hearing can be found on the panel to the right of this page.
The officers in charge of processing this application are Shannon Watson, Consultant Planner for GWRC Environmental Regulation and Dan Kellow, Consultant Planner for Hutt City Council Consents.
If you have any questions about the application or submission process you can contact Nick Pearson, Resource Advisor, firstname.lastname@example.org.