The Boat Ramp

In the past year since the boat ramp was constructed some people have questioned why the ramp has a locked gate on it. We have reprinted here the Consent which clearly states that the ramp is for pedestrian traffic only and that the gate (which was donated by Richard Hammond) must remain closed.

Resource Management Act 1991 — Decision on Application for Resource Consent

Applicant: Waikawa Beach Ratepayers Association

This non-notified application for a Coastal Permit (land use) is restricted by Sections 12(1),12{2) and 12(3) and of the Resource ManagementAct 1991′

The Application

The proposal is to construct an access boat ramp to the Waikawa Stream at the end of Waikawa Beach Road for the exclusive use of kayaks and canoes to access the river.

Vehicles will not use this ramp except for emergencies or for specific events. To ensure that there is no vehicle access, four lockable bollards will be fixed to the top of the ramp as well as a sign advising that the ramp is for pedestrian access only.

On completion of the ramp’s construction, the applicant will liaise with Horowhenua District Council to fit a sump and drain next to the ramp to drain the stormwater which has the tendency to collect in the car park at the end of the road.

The ramp will consist of a concrete slab with 200mm footing around the perimeter and two anchor piles, 300x300x400 mm deep. The slab is to be no less than 100mm thick going from the road level to approx 1.5 metres from the low water level. The lower end of the slab will be rounded off to allow for the easier flow of water.

The pouring of the slab is to be timed around the low tide mark and the weather. The tide, at the low tide level, takes approx 1.5 hrs then 1 hour of slack water with another 1.5 hours before it reaches the concrete boxing of the ramp. This gives approximately 4 hours to allow for the concrete to harden. lt is anticipated that it will take two hours for the freshly poured concrete to partially set and the top to harden. As an additional measure a sheet of polythene can be spread over the concrete slab until it’s completely dry.

Non-Notification

The applicant has obtained written approval for this activity from Te lwi O Ngati Wehi Wehi and the Department of Conservation in support of the proposed activity.

It is considered that the actual and potential effects on the environment are minor and that there are no other parties affected. The Regional Council’s Senior Consultant planner is satisfied that this coastal permit can be processed non-notified pursuant to Section 92(2) of the Act.

Environmental Effects

ln considering this application the Council must have regard to the potential ecological effects the construction will have on the surrounding environment.

The part of the estuary that the proposed ramp lies within is an identified Protected Natural area in the Foxton Ecological District PNA survey. ln this regard, particular attention must be had to the construction effects may potentially have on inanga spawning and native fish. The proposed structure is also located within a site of significant aquatic significance as defined by Horizons One Plan.

It is noted that the construction for the proposed ramp has already commenced with boxing already erected and base formation work undertaken. No works will take place at any time when the water covers the lower section of the ramp, therefore it is considered that the instream construction will not have any affect on inanga spawning (between 1 February and 1 May) or the Whitebait run (between 15 August and 30 November).

Regard must also be had to the potential for scouring and erosion to the river bed to occur as a result of construction within the stream. lt is proposed that the low end of the slab is to be tapered or rounded off to ensure water flows freely over and around the ramp. The finished top of the ramp will be level with the surrounding ground level, especially from the low tide to the high tide mark. This will enable debris to flow over the top in both directions. lt is envisaged that there may be some sand build up on top of the ramp from time to time however the effects of this are considered to be minor.

Other potential ecological effects may include amenity values and loss of the natural character of the river. Assessment of the activity against these values has been carried out and the ecological effects of the proposed activity are considered to be minor.

Planning Assessment

Section 104(1) of the Resource Management Act 1991 outlines the matters that the consent authority is to have regard to when considering applications for resource consent, subject to Part ll of the Resource Management Act’

The Senior Consultant Planner has assessed the application with respect to the relevant Statutory Planning matters under Section 104 and an assessment of the application against these matters. Note that only the relevant sections or parts of sections of statutory documents as applicable to this resource consent have been reproduced in this report.

The actual and potential effects on the environment of allowing the activities related to the proposal are outlined in the Environmental Effects section of this decision.

The New Zealand Coastal Policy Statement (NZCPS) is a National Policy Statement and it became operative in May 1994. lt provides policies to achieve the purpose of the Act in relation to the coastal environment of New Zealand.

NZCPS Chapter 3 contains key policies relevant to this application. Sections 3.1, 3.2 and 3.5 and their associated policies deal with activities involving the subdivision, use or development of areas, including access to the Coastal Environment. The construction of the access ramp is not considered to be in conflict with the relevant Objectives and Policies of the New Zealand Coastal Policy Statement.

The proposed activity has been assessed against Objectives 15, 16, 18, 21, 22 and 23 of the Regional Policy Statement.

Objective 11 of the Regional Coastal Plan is to maintain or enhance surface water quality in the region. Objective 15 seeks to preserve the natural character of lakes, rivers and wetlands and their margins and protect their ecological, cultural, intrinsic and amenity values from inappropriate use. Objective 16 is to avoid remedy or mitigate the adverse effects of structures or activities in the beds of lakes and river. Objective 20 of the Regional Coastal Plan is to maintain or enhance coastal water quality. Objective 21 seeks to protect the ecological, physical cultural and aesthetic qualities that make up the natural character of the coastal environment. Objective 22 of the Regional Coastal Plan is to avoid remedy or mitigate the adverse effects of activities in the coastal environment and Objective 23 is to maintain or enhance public access to and along the coastal marine area. The proposed construction for a canoe/kayak launching ramp into the Waikawa Stream is not considered to cause any potential adverse effects to the environment. The activity is considered to be consistent with the above objectives of the Regional policy Statement, in particular to provide access to the coastal marine area.

Potential adverse effects on the environment can be avoided, remedied or mitigated by measures required by conditions of consent.

The proposed term of 35 years is in accordance with Policy 34.2 of the Regional Policy Statement for Manawatu-Wanganui.

Overall, the application is considered to be consistent with the relevant Objectives and Policies.

Proposed Regional Policy Statement

The proposed One Plan is Horizons Regional Council’s combined Regional Policy Statement and Regional Plan. lt was notified on 31st May 20O7. As a result of notification consideration must be made to the relevant Objectives, Policies and Rules contained within the Plan.

The application has been assessed against Objective 9-2 and Policies 9-2 and 9-5 of the Regional Policy Statement of the Proposed One Plan.

Objective 9-2 requires appropriate protection, use and development in the coastal marine area. Policy 9-2 requires that activities and important values of the CMA are managed to ensure that the adverse effects in the general zone are avoided as far as practicable and, where they cannot be avoided, are remedied or mitigated.

A permit of 35 years has been recommended as this structure is intended to be a permanent installation. This term is in accordance with Policy 2-2 of the Proposed Regional Policy Statement for Manawatu-Wanganui.

Subject to compliance with the recommended consent conditions the proposed activity is not in conflict with the Objectives and Policies of the Regional Policy Statement of the Proposed One Plan.

Regional Coastal Plan

Regional Council’s have the specific responsibility for the control of effects of activities in the Coastal Marine Area (CMA).

RCP Rule 40 has been identified as being relevant to the proposed activity. This rule relates to the occupation of space in the General Coastal Marine Area by any activity that involves the erection, reconstruction, placement, alteration, extension, removal or demolition of; any jetty, structure associated with network utilities and services to the public (including pipes, telephone lines and power lines), launching ramp or coastal hazard protection structure (including seawalls and groynes). The proposed activity is listed as a Discretionary Activity in accordance with this rule of the Regional Coastal Plan therefore a Coastal Permit is required. The proposed activity is not considered to be inconsistent with the above rule.

Proposed One Plan

The proposed site is identified in the Proposed One Plan as being a site of significance — aquatic (Appendix D). lt is due to this that the activity is unable to comply with the conditions and terms contained in Rule 17-10. Therefore the proposed activity is considered as a Discretionary Activity in accordance with rule 17-10, which provides for activities that are not covered by any other rule, or do not comply with permitted and controlled activity rules.

Recommendation

It is recommended that this resource consent application, subject to conditions, be granted for a term expiring on 30 September 2043, for the following reasons:

  • The activity will have minor actual or potential adverse effects on the environment.
  • The activity is not contrary to the relevant Objectives and Policies of the relevant Plans and Regional Policy Statement
  • The activity is consistent with the purpose and principles of the Resource Management Act.

The Decision

A. The policy and Consents Manager of the Manawatu-Wanganui Regional Council (trading as Horizons Regional Council) has considered this non- notified application. On 30 September 2008 the Policy and Consents Manager, pursuant to delegated authority under Section 34A of the Resource Management Act, grants Coastal Permit no 104382 pursuant to section 104(B) of the act, to the Waikawa Rate Payers Association, for the construction of a ramp for the launching of canoes/kayaks into the Waikawa stream, to be undertaken at map reference S25: 915-554, for a term expiring on 30 September 2043, subject to the following conditions.

  1. Works shall be undertaken in accordance with the application dated 11 April 2008, letter dated 09 April 2008, and the amended plan dated 07 Julyl 2008 for the construction of a canoe/kayak ramp in the Waikawa Stream’
  2. To prohibit vehicle access lockable bollards are to be installed to the top of the ramp, as shown in the amended plan dated 07 July 2008.
  3. The low end of the slab is to be tapered or rounded off to ensure water is able to freely flow over and around the ramp.
  4. The pouring of the concrete slab is to be undertaken at low tide only to allow sufficient time for the concrete to harden before the tide comes in again.
  5. Consent Holder shall ensure that:
    1. No machinery leaking fuel, Iubricants, hydraulic fluids or solvents shall work where any leak from the machinery may enter the Waikawa Stream;
    2. No refuelling of any vehicles, machinery or equipment shall take place within the bed of the Waikawa stream, or in a position where spills may enter water in the Waikawa stream; and storage of fuel or contaminants adjacent to the Waikawa Stream does not result in any fuel or contaminants entering water’
    3. During works authorised by this consent, any machinery or equipment not in-use shall be stored out of the bed of the Waikawa Stream.
  6. No machinery used for the exercise of this consent shall enter, operate or excavate within the bed in the Waikawa Stream.
  7. The Consent Holder shall dispose of any vegetative materials, debris or overburden that is removed from the work site, clear of the active channel of the Waikawa Stream and in a position where it will not adversely affect the flow of water in the channel or cause any erosion of the floodway.
  8. The permit holder shall ensure that construction material no longer required as part of the works, are removed on completion of the works or activities and disposed of in an appropriate manner where it will not affect floodwaters.
  9. Charges, set in accordance with Section 36(1)c of the Resource Management Act 1991, and Section 150 of the Local Government Act 2OO2, shall be paid to the Regional Council for the carrying out of its functions in relation to the administration, monitoring and supervision of this resource consent and for the carrying out of its functions under Section 35 (duty to gather information, monitor, and keep records) of the Act.

[Note: Section 36(1)c of the Act provides that the Regional Council may from time to time fix charges payable by holders of resource consents. The procedure for setting administrative charges is governed by Section 36(2) of the Act and is currently carried out as part of the formulation of the Regional Council’s LTCCPI].

Reasons for this Decision

ln making his decision on this application pursuant to Sections 104(B) and 104(C) of the Resource Management Act 1991, the Consents and Policy Manager had regard to matters as required by Sections 104 and 105 of the Act. ln particular the Consents and policy Manager considered the actual and potential adverse environmental effect associated with this activity.

The Consents and Policy Manager is satisfied that granting this permit to build a kayak/canoe access ramp in the Waikawa Stream will not be inconsistent with the sustainable management provisions provided for in Part 2 of the Act.

The Consents Policy Manager notes that this activity takes place in a site of significance — aquatic as listed in the Proposed One Plan, He is satisfied that the proposed activity will not inhibit access to or have adverse affect on the coastal environment. The Consents and Policy Manager has had regard to public access and recreational and amenity values potentially affected by the works. The Consents and Policy Manager considered the concerns of residents and imposed conditions to mitigate their concerns regarding vehicle use of the ramp.

The policy and Consents Manager has granted a term of 35 years on this permit Consistent with Policy 34.2 of the Regional Policy Statement and POP Policy 2-2.

The Consents and Policy Manager is satisfied that the additional costs incurred during the processing of this application, imposed under Section 36 of the Act, are both fair and reasonable. A breakdown of the charges incurred during the processing of this consent will be forwarded to the Consent Holder in due course.

The Consents and Policy Manager is satisfied that provided conditions of this Permit are met, granting consent for this activity will not be inconsistent with the Regional Policy Statement for the Manawatu-Wanganui Region, the Proposed Regional Policy Statement, the Regional Coastal Plan and the Proposed One Plan.

Richard Munneke CONSENTS AND POLICY MANAGER

30 September 2008

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