AUCKLAND CITY DISTRICT PLAN

(Isthmus Section, Operative 1999)

Plan Change under Section 73 of the Resource Management Act 1991

PLAN CHANGE: PLAN MODIFICATION NO. 149

Operative date: 10/9/2004                                                                                             File No. 311/209149

With regard to G14-15 Concept Plan – Sylvia Park Business Centre (Appendix B to the Planning Maps):

•             Add a new paragraph to the end of the Explanation to read:

“The ‘Limited Earthworks Corridor’ (shown in Diagram G14-15(4)) identifies an area of spiritual and cultural importance to tangata whenua. In recognition of the importance of this area, specific controls are incorporated applying to earthworks of a depth greater than 1 metre below ground level as at 29 January 1999. It is recognised that some piling or service earthworks requiring resource consents may be necessary within the Corridor.”

•             Add a new plan G14-15(4) Limited Earthworks Corridor in the form attached.

•             Delete the final listed permitted activity in Area A (Part A of the Concept Plan provisions), which currently reads “Earthworks involving the removal or deposition of up to 1,000 m³ of fill from or on to the site.”

•             Delete the final listed permitted activity in Area B (Part A of the Concept Plan provisions), which currently reads “Earthworks involving the removal or deposition of up to 1,000 m³ of fill from or on to the site.”

•             Add a new restricted controlled activity for Areas A and B (Part A of the Concept Plan) being:

“Earthworks greater than 1 metre in depth below ground level within the Limited Earthworks Corridor. For the purposes of this rule ‘ground level’ shall be defined as the reduced levels on the site as recorded on Tse Group Limited site survey plans referenced Project No. 5019-01-102/1, 102/2 and 102/3 dated 29 January 1999 and held by the Council on the Plan Change file. The Limited Earthworks Corridor comprises a corridor of land 5 metres in width centred on the line shown on Diagram G14-15(4). Note: See Part E below regarding service of any application.”