SURVEYING • ENGINEERING • PLANNING
26/02/2021
Ref: J000232 Whyte
Land Owners at 33 and 35 Shearer Road
Via Email: c/o Henry Whyte
Dear Land Owners at 33 and 35 Shearer Road,
RE: Subdivision 37 Shearer Road, Te Puke
Thank you for the meeting at 35 Shearer Road. The following is a summary of the key points taken
from the meeting, as well as our response to the letter sent by Norris Ward McKinnon on 18th
February 2021.
As we understand it, your main concerns (and our replies) in relation to the subdivision are as
follows:
Concern
Response
1. The proximity of the existing house at The applicant will provide a 0.5 – 1m high planted
35 Shearer Road to the existing Legal
landscape bund along part of the northern
Road Boundary;
boundary of 35 Shearer Road with 1.8m high
wooden acoustic fencing on top of the bund. This
will reduce traffic noise and also provide a buffer
between the existing house and the existing legal
road boundary. A photo of an example is
enclosed;
2. The potential for complaints made by A no complaints covenant/consent notice will be
future landowners of proposed Lots
offered as a consent condition and registered on
1‐8 with regards to existing rural &
the titles of the proposed lots in relation to any
agricultural activities taking place in
rural/agricultural activities;
the area;
3. The potential for future stages of the
As discussed there are no plans to create further
development to come off the end of
development off the end of Shearer Road and the
Shearer Road;
topography does not allow for a significant
amount of future development;
4. The proximity of the Lots in relation
See response to Point 2
to the established orchards (main
concern is proposed Lot 1)
5. The potential for noise vibrations
A construction management plan will be required
from construction and the potential
of the Contractor to protect power and
for power outages to the existing
communications supply to existing residents. A
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SURVEYING • ENGINEERING • PLANNING
houses due to construction. It is
copy of this will be supplied to residents of
noted that some residents work from Shearer Road and emergency contact numbers
home and require power and
provided for the Contractors.
internet during the day;
6. The potential for noise from traffic
The acoustic mitigation proposed in point 1 will
increase;
mitigate noise from traffic. In addition, it is
proposed to surface the road outside the house
on 35 Shearer Road in Asphalt to reduce tyre
friction noise created through a chipseal surface.
7. The potential for a reduction in
This is outside of the control of the applicant.
internet capability due to more users
Confirmation will be required from a network
using the network;
provider through the consenting process that
connectivity is available and that this will not
affect the level of service experienced by existing
users.
8. Concerns regarding the existing road
Council’s Development Code governs the
width of Shearer Road being able to
minimum road width dependent on the expected
cater for additional traffic;
number of users. Should widening be required as
a result of the additional traffic it is expected that
Council would require widening as a condition of
subdivision consent.
9. Concern regarding effects on land
Valuation of land is subjective and cannot be
value;
considered through a resource consent process.
As mentioned at our meeting we believe that the
development and protection of native bush in the
vicinity will enhance values in the area.
10. Councils responsibility in signing off
As discussed, we are happy to discuss this issue
the existing dwelling at 35 Shearer
with Council and explore any remedies available
Road;
in conjunction with the subdivision process.
However, this current situation is no fault of the
developer therefore any assistance is provided in
good faith only.
11. Stormwater runoff which follows the
Stormwater would continue to follow existing
natural contour into 35 and 33
flow paths and not be exacerbated through the
Shearer Road;
use of appropriate stormwater management
practices. This would be required as a consent
condition and will form part of the detailed
design stage. We are currently in the process of
updating the engineering plans which we will
submit with the resource consent, this is a result
from our discussion in the meeting regarding the
current design. The new plans will be provided in
due course.
12. Privacy;
With the installation of the proposed bund and
fencing we do not believe privacy for existing
residents will be compromised. The proposed
lots are remote from any existing dwellings and
07 577 1510 116 Cameron Road, Tauranga PO Box 13185, Tauranga 3141 www.maven.co.nz
SURVEYING • ENGINEERING • PLANNING
are physically and visually separated by existing
mature bush.
13. Effects on the existing driveways
The detailed design phase will address any effects
where the new road will be
on existing driveways. No existing driveways will
constructed;
be compromised from their current function by
this development.
14. Effects on amenity, character of the
The Resource Management Act is legislation that
surrounding environment and
must be adhered to when applying for a resource
adverse environmental effects.;
consent. It is the responsibility of the consent
holder to consider these effects and reduce any
effects that are deemed more than minor.
Council will consider the application and only
approve the resource consent if it agrees that the
adverse effects on the environment are minimal.
15. Effects as a result of extending
Members of the public have the right to use any
Shearer Road will encourage visits to
public road. Land owners do not have the right to
the area by members the public;
restrict the use of a public road.
16. Proposed Shearer Road realignment;
The land north of the Paper Road is owned by a
Trust which is a separate entity to the Trust which
owns the farm. It is not within the beneficiaries
interest to sell part of the land to Council for the
purpose of a road. The only lot to benefit in this
case will be 35 Shearer Road.
In order to realign Shearer Road a road stop will
need to occur. This is where a portion of the
paper road converts to private ownership, this is
a 2 year process. A road legalisation will also need
to occur where the land coverts from private
ownership to road. Both are very time consuming
and expensive and it is not within the Trusts
interest to implement this.
17. The integrity of the District Plan;
The resource consent application will report on
the District Plan rules, objective and policies. It is
Councils responsibility to approve the resource
consent and ensure the objectives and policies
within the Plan are met.
The clustering of smaller lots for residential
purposes allows for those seeking a lifestyle
living. Clustering lots prevents fragmentation of
rural land and is an efficient and cost effective
use of physical resources. The amalgamation of
large rural lots is also encouraged within the plan.
We believe the integrity of the District Plan is
upheld.
07 577 1510 116 Cameron Road, Tauranga PO Box 13185, Tauranga 3141 www.maven.co.nz
SURVEYING • ENGINEERING • PLANNING
Another discussion explained the rules within the district plan which allow for boundary adjustments
of existing titles and on‐site protection lot subdivision in the rural zone when protecting Significant
Ecological Features (Tall forest) and Heritage Features (Pa Sites).
Attached are the current scheme plans Revision G for your records. Also attached is a no complaints
consent notice example and a photo of a landscape bund we have designed with acoustic fencing
shown on top of the bund.
It would be appreciated if you could respond to us and advise if you have any further questions or
concerns.
Regards,
Maven Bay of Plenty
Lauren Rook
Surveyor
Email: [email address]
07 577 1510 116 Cameron Road, Tauranga PO Box 13185, Tauranga 3141 www.maven.co.nz
