Auckland City Rail Link

Transcription

1 f16 Auckland City Rail Link In association with: ASSESSMENT OF ENVIRONMENTAL EFFECTS Notices of Requirement for Alteration to CRL Strata and Substrata Designations 2 and 3 Document Ref: CRL-SYW-RME-000-RPT-0065 Revision: December 2016 INTERNAL WORKING DOCUMENT COMMERCIAL IN CONFIDENCE

2 Document control record Document prepared by: Aurecon New Zealand Limited Level 4, 139 Carlton Gore Road Newmarket Auckland 1023Level 4, 139 Carlton Gore Road Newmarket Auckland 1023 PO Box 9762 Newmarket Auckland 1149 New Zealand T F E W auckland@aurecongroup.com aurecongroup.com A person using Aurecon documents or data accepts the risk of: a) Using the documents or data in electronic form without requesting and checking them for accuracy against the original hard copy version. b) Using the documents or data for any purpose not agreed to in writing by Aurecon. Document control Report title Notices of Requirement for Alteration to CRL Strata and Substrata Designations 2 and 3 Document ID CRL-SYW-RME-000-RPT Project number Client Auckland Transport Client contact Steve Hawkins Rev Date Revision details/status Prepared by Author Verifier Approver September October October December 2016 Initial draft for review M Woods H. McLean D. Whyte T. Ireland Draft for Client review M Woods H. McLean D. Whyte T. Ireland Draft for legal review M Woods H. McLean Final M Woods H McLean D Whyte T Ireland Current revision 4.0 Approval Author signature Approver signature Name Helen McLean Name Tom Ireland Title Senior Planner Title Project Leader

3 Contents Glossary of Terminology iv Glossary of Abbreviations and Units v 1 Introduction Purpose of Assessment of Environmental Effects Auckland Transport 7 2 Project Description Introduction Background Proposed Changes to the CRL Designation Proposed Changes to the CRL Designation Physical Environment 16 4 Consideration of Alternatives Introduction Do Nothing Extension of CRL Designation Extension of CRL Designations 2 and Summary 20 5 Consultation and Engagement Introduction Potentially Affected Parties Auckland Council Mana Whenua 22 6 Assessment of Environmental Effects Introduction Positive Effects Mana Whenua Values Construction and Operation Noise and Vibration and Building Damage Future Development Summary of Effects 25 7 Notification Assessment Introduction Public Notification Limited notification Overall Conclusion on Notification 27 8 Statutory Assessment Recommendation on a Notice of Requirement by a Territorial Authority (section 171) Summary of Planning Documents and Statutory Assessment 28 i CRL-SYW-RME-000-RPT-0065

4 9 Further CRL Approvals Required Proposed Designation Conditions Introduction Proposed Designation Conditions Conclusion 34 Appendices Appendix A CRL Notices of Requirement 2 and 3 Appendix B CRL Designation Conditions Appendix C Design and Construction Memorandum Aurecon New Zealand Ltd Appendix D Sample letter to landowners Appendix E Parties Identified for Limited Notification Appendix F Statutory Assessment Appendix G Drawings Aurecon New Zealand Ltd Figures Figure 1-1 Indicative City Rail Link Alignment Plan. 10 Figure 1-2 Indicative City Rail Link Alignment Long Section. 10 Figure 2-1 CRL 3 Type A Offset Requirements 14 Figure 2-2 CRL 3 Type B Offset Requirements 14 Tables Table 1-1 Assessment of Environmental Effects Contents. 6 Table 1-2 Notice of Requirement - Suite of Documents. 7 Table 1-3 City Rail Link Project and CRL Alteration to Designations 2 and 3 Objectives. 9 Table 3-1 Heritage and Designation Items 16 Table 5-1 Summary of Consultation with Parties Newly Affected by Extension of CRL Designations 2 and ii CRL-SYW-RME-000-RPT-0065

5 iii CRL-SYW-RME-000-RPT-0065

6 Glossary of Terminology The following terms have been used throughout the document and are listed below for reference. Term Alignment City Rail Link Designation 2 City Rail Link Designation 3 Cut and cover tunnel Designations 2 and 3 Substrata and Strata Operation and Protection NoR Principal Technical Adviser Project criteria Meaning The horizontal and vertical position of the City Rail Link tunnels. Confirmed City Rail Link Notice of Requirement 2. Confirmed City Rail Link Notice of Requirement 3. A form of construction for a box-shaped tunnel where a trench is excavated within which the tunnel is constructed and then the trench is backfilled and the surface restored. This NoR. The Principal Technical Adviser to Auckland Transport for the Aotea Station NoR is Aurecon New Zealand Limited. The performance standards, both national and international that are recommended for use in the NoR as part of the City Rail Link project. iv Project November 2016 Revision 0.4

7 Glossary of Abbreviations and Units The following abbreviations and units have been used throughout the document and are listed below for reference. Acronym AC ACDP: CA ACDP: CA Meaning Auckland Council Auckland Council District Plan Operative Auckland City Central Area Section 2005 Auckland Council District Plan Operative Auckland City Isthmus Section 1999 ACRP: ALW Auckland Council Regional Plan: Air, Land, Water 2013 ACRPS Auckland Council Regional Policy Statement 1999 ACRP: SC Auckland Council Regional Plan: Sediment Control 2001 AEE Assessment of Environmental Effects ARTA Auckland Regional Transport Authority AT Auckland Transport ATCOP Auckland Transport Code of Practice ATP Auckland Transport Plan CBD Central Business District CCMP City Centre Master Plan CCO Council Controlled Organisation CRL City Rail Link CRL NoR AEE, Beca 2012 City Rail Link Notices of Requirement Assessment of Effects on the Environment CVA Cultural Values Assessment DCR Design and Construction Report ECI Early Contractor Involvement HGMPA Hauraki Gulf Maritime Park Act 2000 HNZPT Heritage New Zealand Pouhere Taonga HNZPT Act Heritage New Zealand Pouhere Taonga Act 2014 LGACA Local Government (Auckland Council) Act 2009 LTMA Land Transport Management Act 2003 LTP Long Term Plan m Metres MVA Maori Value Assessment NAL North Auckland Line NoR Notice of Requirement PAUP Proposed Auckland Unitary Plan (Decisions Version notified 19 August 2016) POA Programme of Action PTMA Public Transport Management Act 2008 PWA Public Works Act 1981 PTA Principal Technical Adviser RL Reduced Level RLTP Regional Land Transport Programme RLTS Regional Land Transport Strategy RMA Resource Management Act 1991 SOI Statement of Intent v

8 1 Introduction 1.1 Purpose of Assessment of Environmental Effects This Assessment of Environmental Effects (AEE) has been prepared to accompany the Notices of Requirement (NoRs) given by Auckland Transport (AT) to Auckland Council (AC) to alter the City Rail Link (CRL) Designations 2 (sub strata tunnel) and 3 (strata protection area) of the CRL Project as follow. Auckland Council District Plan Operative Auckland City Central Area Section 2005 (ACDP: CA) reference 405 (City Rail Link (CRL); Auckland Council District Plan Operative Auckland City Isthmus Section (ACDP: IS), reference C08-41; and Proposed Auckland Unitary Plan, reference currently unavailable. The alterations are required to enable the construction, operation and maintenance of the CRL tunnels and to protect the tunnels from any adverse effects from adjacent future developments. The NoRs include extension to the existing designation boundaries, the inclusion of new properties that were not previously included in the CRL designation process and reduction of the extent of the designation from what is defined by the existing CRL designation. These changes are as a result of the progression of the CRL Reference Design. For the purpose of this AEE, the works prescribed within this NoR document will be referred to as the NoR and the applicable designations will be referred to as CRL Designations 2 and 3. AT no longer intend to construct Newton Station (provided for in CRL Designation 5). The designation enabling Newton Station s construction, operation and maintenance is to be withdrawn. Given the CRL tunnel designation (CRL 2) will remain to enable the construction, operation and maintenance of the running tunnels CRL Designation 3 is proposed to be extended over the area currently covered by CRL Designation 5 to ensure a buffer area between activities on the surface and the tunnels is still in place. This alteration to extend CRL 3 in conjunction with the proposed withdrawal of CRL 5 is being undertaken under a separate process. 1 This AEE has been prepared pursuant to section 181(1) of the Resource Management Act 1991 (RMA). It is intended to provide the information necessary for a full understanding of the NoR, the associated works, planning instruments and any actual or potential effects the activities may have on the environment associated with the proposed changes to CRL Designations 2 and 3. AT has commenced the sub strata property negotiation process under the Public Works Act 1981 for acquisition of the land necessary to construct, operate and maintain the CRL. This process includes the establishment of a covenant on those sites affected by the presence of the CRL designation 3. Table 1-1 below summarises the sections contained within this AEE. Table 1-1 Assessment of Environmental Effects Contents. AEE Section Section 1 Section 2 Summary of Content Introduction - A description of the wider CRL Project A description of the proposed NoR works 1 Notices of Requirement for Alteration to CRL Designation 1714 (Designations 3 and 6) and North Auckland Line Designation 6300, lodged with Auckland Council on 18 November

9 AEE Section Section 3 Section 4 Section 5 Section 6 Section 7 Summary of Content A description of the existing physical environment in which the works will be constructed Consideration of alternatives A description of the consultation and engagement undertaken An assessment of the actual and potential effects of the proposed works on the environment and identified measures which will be implemented in order to avoid, remedy or mitigate actual and potential adverse effects Notification assessment Section 8 Section 9 An assessment of the proposed works against relevant statutory and planning documents Further approvals required Section 10 An overview of the proposed designation conditions Section 11 Conclusion Table 1-2 below sets out the suite of documents that are provided in support of the NoR. Table 1-2 Notice of Requirement - Suite of Documents. Description of Content Form 18 Assessment of Environmental Effects Appendix A: CRL Notices of Requirement 2 and 3 Appendix B: CRL Designation Conditions Appendix C: Design and Construction Memorandum (Aurecon New Zealand Limited) Appendix D: Sample Letters to Landowners Appendix E: Parties Identified for Limited Notification Appendix F: Statutory Assessment Appendix G: Drawings (Aurecon New Zealand Limited) 1.2 Auckland Transport AT is a Council Controlled Organisation (CCO) of AC established under section 38 of the Local Government (Auckland Council) Act 2009 (LGACA). AT s purpose as set out in section 39 of the LGACA is to contribute to an effective, efficient, and safe Auckland land transport system in the public interest. Sections 45 and 46 of the LGACA outline AT's functions and powers in respect of the land transport system and AT s role as the Road Controlling Authority. AT is a Requiring Authority (a network utility operator under section 167 of the RMA) in relation to Auckland s transport system via section 47(1) of the LGACA and is responsible for delivering the CRL project. 7

10 1.2.1 Auckland Transport s Objectives In addition to achieving AT s legislative purpose, AT works within the strategic approach and priorities outlined in its Statement of Intent (SOI) 2015/16 to 2018/19. This document recognises the important partnership between AT and AC in the delivery of shared outcomes and presents AT s strategic themes for transforming transport in Auckland. These five strategic themes are aimed at providing an accessible, integrated, efficient and innovative transport system and provide guidance in AT s future decision making. The five strategic themes are: Prioritise rapid, high frequency public transport; Transform and elevate customer experience; Build network optimisation and resilience; Ensure a sustainable funding model; and Develop creative, adaptive, innovative implementation. By following these strategic themes the SOI aligns with the Auckland Plan s overarching objective for Auckland to become the world s most liveable city, through strategic direction and transformational shifts to achieve identified actions, targets and outcomes. AT plays a critical part in delivering these actions and targets. The three year programme under the SOI reflects the Accelerated Transport Programme in the Draft Regional Land Transport Plan (RLTP) and the Auckland Council s Draft Longterm Plan The CRL is included in this programme as a key project and initiative of high priority. The works associated with the NoR are an integral component in the wider CRL project and the planning, development and management of Auckland s rail system. To ensure AT can carry out its role and functions appropriately and meet its statutory requirements and the requirements of the SOI, AT must ensure that transport and land use decisions deliver a maximised return on existing assets. At the same time, AT must achieve a transport network that moves people and goods efficiently and increases access to a wider range of transport choices. The Auckland Plan acknowledges the transport system is crucial to achieving the vision of being the world s most liveable city. The transport system s role in achieving this vision is defined by the Auckland Plan direction to Create better connections and accessibility within Auckland and across New Zealand and to the world. This includes four key priorities: Manage Auckland s transport as a single system; Integrate transport planning and investment with land use development; Prioritise and optimise investment across transport modes; and Implement new transport funding mechanisms. The Auckland Integrated Transport Programme (ITP) sets out a 30 year investment programme to meet the transport priorities of the Auckland Plan. AT achieves its objectives through acting according to the vision and priorities of the Auckland Plan and ITP. AT also has a number of other statutory and non-statutory strategic plans, documents and policies which it must consider when planning infrastructure. These plans and policies are discussed in Section 8 below City Rail Link Overview To understand the broader context within which the NoR works sit, the following section describes the CRL project, followed by a detailed description of the works associated with the NoR in Section 3. 8

11 The CRL is the key project in an integrated transport programme to keep Auckland moving as the city grows over the next 30 years. It supports the Auckland Plan target of 69% of trips to the city centre being by public transport. The underground rail line linking Britomart and the existing western line near Mt Eden Station via the city centre will result in a train every five to 10 minutes from most Auckland stations. The construction of the enabling works for the CRL project between Britomart Station and Wyndham Street have already begun. Central Government and the Auckland region have committed to funding the CRL project. The NoR works will enhance the positive effects already established by the CRL project Project Objectives The wider CRL project objectives and those to be adopted by AT s NoR are provided in Table 1-3 below. Table 1-3 City Rail Link Project and CRL Alteration to Designations 2 and 3 Objectives. Objective Number Provision 1 Improve transport access into and around the city centre for a rapidly growing Auckland (a) Future proof for expected growth 2 Improve the efficiency and resilience of the transport network of urban Auckland (a) (b) (c) Improve journey time, frequency and reliability of all transport modes Maximise the benefits of existing and proposed investment in transport Release the rail capacity constraint at Britomart 3 Significantly contribute to lifting and shaping Auckland's economic growth (a) (b) (c) Support economic development opportunities Provide the greatest amount of benefit for cost Enable a more productive and efficient city 4 Provide a sustainable transport solution that minimises environmental impacts (a) (b) Limit visual, air quality and noise effects Contribute to the country's carbon emission targets 5 Contribute positively to a liveable, vibrant and safe city (a) (b) (c) Enhance the attractiveness of the city as a place to live, work and visit Protect our cultural and historic heritage for future generations Help safeguard the city and community against rising transport costs As part of the CRL project, the NoR is deemed to be consistent with the CRL project objectives. The CRL has previously been confirmed as reasonably necessary to achieve the objectives of the Requiring Authority. The NoR contributes to this. The NoR will also work toward meeting the above objectives by reducing construction costs and improving the operational and construction safety and public amenity of the CRL through design enhancement and progression Horizontal Alignment The CRL project comprises the construction, operation and maintenance of a 3.4 km underground passenger railway (including two tracks, two new underground stations (named Aotea Station and Karangahape Station ), modification of Britomart Station and substantial redevelopment of the existing Mt Eden Station located within an open trench) running between Britomart Station and the North Auckland Line (NAL) in the vicinity of the existing Mt Eden Station. The CRL alignment has changed 9

12 during the development of the reference design as a result of the removal of one station ( Newton Station Designation 5) and optimisation of the vertical and horizontal track alignments. The indicative CRL reference design alignment is depicted in Figure 1-1 below. CRL Designations 2 and 3 are located within this area of the project Figure 1-1 Indicative City Rail Link Alignment Plan Vertical Alignment The alignment rises 70m from the Britomart Station end to the connection at the NAL, taking account of a range of constraints and parameters. An indicative long section of the CRL alignment is illustrated in Figure 1-2 below. CRL Designations 2 and 3 are located within this area of the project Figure 1-2 Indicative City Rail Link Alignment Long Section City Rail Link - Existing Environment There are six designations (five taking into consideration the proposed removal of Designation 5) for the CRL covering the area shown in Figure 1 1 above. This NoR is seeking to alter CRL Designations 10

13 2 and 3 (as described at Section 1.1). The extent of the CRL Designations 2 and 3 is shown on the CRL Notices of Requirement 2 and 3 attached in Appendix A. The CRL Designation conditions were confirmed by the Environment Court on 10 November 2015 and now form part of the existing environment in which the NoR works will be undertaken. The NoR considers the effects over and above what has already been provided for in the CRL Designation. A full description of the existing statutory and physical environment in which the NoR works are considered is contained to follow and in Section City Rail Link Designation 2 The principal features of the CRL Designation 2 are as follows: A designation that enables the construction, operation and maintenance (including ancillary activities) of the two bored rail tunnels and passenger cross passages; and The designation provides for ancillary activities associated with the construction, operation and maintenance of the CRL as well as the provision and housing of appropriate utility services within the operational tunnels (such as telecommunications). A full copy of the CRL 2 NoR is attached at Appendix A City Rail Link Designation 3 The principal features of the CRL Designation 3 are as follows: A protection designation that acts as a buffer between activities on the surface and the sub-strata designation that provides for the two bored tunnels (CRL Designation 2); The designation restricts, but does not necessarily preclude, future development which could hinder or prevent the CRL being constructed, or impact on the structural integrity of the CRL tunnels following construction; and The designation applies above CRL 2 from five metres below the surface, excluding the station areas under CRL 4 and 5. A full copy of the CRL 3 NoR is attached at Appendix A. The works in CRL Designation 2 are subject to a suite of conditions (Attached as Appendix B) which cover in addition to requirements specified by the Act, the following matters: Communication and consultation; Construction; Built heritage and archaeology; Building condition; and Operation. In regard to CRL Designation 3 the CRL Designation conditions address the following matters: Works unrelated to CRL being undertaken within the designation; Information requirements; and Peer review Reasons for the NoR - CRL The NoR seeks to alter CRL Designations 2 and 3 between Aotea Station at Mayoral Drive and to immediately north of the Mt Eden Junction more or less at Flower Street. The alterations are necessary to reflect the changes in the rail alignment that have resulted from the Reference Design stage as described in the Design and Construction technical memorandum attached in Appendix C. 11

14 The NoR seeks to alter CRL Designation 2, for the following reasons: To provide an extension to the tunnel (sub strata) designation within which the CRL tunnels will be constructed, operated and maintained, where the Reference Design optimisation has refined and confirmed the extent of area required for the designation; and To provide for reductions in the extent of the tunnel (sub strata) designation within which the CRL tunnels will be constructed, operated and maintained, where the Reference Design optimisation has refined and confirmed the extent of area required for the designation. The NoR seeks to alter CRL Designation 3, for the following reasons: To provide an extension to the protection (strata) designation between activities on the surface and the sub-strata designation (CRL 2) where the Reference Design optimisation has refined and confirmed the extent of area required for the designation; and To provide for reduction in the extent of the protection (strata) designation between activities on the surface and the sub-strata designation (CRL 2) where the Reference Design optimisation has refined and confirmed the extent of area required for the designation. The NoR will provide increased certainty for surrounding landowners of the potential effects from the construction, operation and maintenance of the CRL and the associated land requirements by refining the extent of necessary land acquisition for the CRL project. 12

15 2 Project Description 2.1 Introduction The circumstances surrounding the need for the NoR have been described above in Section and in further detail within the Design and Construction technical memorandum attached in Appendix C. As described in the Design and Construction memorandum the alteration to CRL Designations 2 and 3 will involve the following: Extension of CRL designations over land not previously affected by CRL; Extension of CRL designations over land already affected by CRL; Partial reduction in the extent of CRL designations over land already affected by CRL; and Full removal of CRL designations. The CRL works will be constructed in accordance with the requirements of CRL Designations 2 and 3 with the exception of the changes to the designation extents which are the subject of this NoR and described to follow. Alterations to the extent of Designations 2 and 3 are identified on drawings CRL-SYW-RME-000-DRG to 0124 and 0128 to 0132 and Land Requirement tables 1 and 2 in Appendix G. To clearly identify the changes proposed the land requirement tables state if the alteration results in the designation being either New, Increased, Reduced or Removed and a corresponding proposed land take area provided (where applicable). 2.2 Background The Design and Construction memorandum in Appendix C describes the following scenarios for identification of the extent of the CRL strata and sub-strata designations based on the Reference Design optimisation. These scenarios are: Type A - Tunnel designation (CRL 2 Type A) - 7m for driven tunnels and 8m for mined tunnels, measured from the external face of the tunnel structure; and - Protection designation (CRL 3 Type A) Area between 5m below natural ground level and the operational designation. Type B - Tunnel designation (CRL 2 Type B) 2m offset from the external face of the tunnel structure. Only applicable where geology is suitable and protection designation is present as specified below; and - Protection designation (CRL 3 Type B) between 2m-7m from the external face of the tunnel structure taken down below the level of the tunnel invert 2. Figure 2-1 to follow represents Type A scenarios where CRL Designation 3 is placed directly over CRL Designation 2. 2 The tunnel invert is the base level of lowest part of the tunnel section. 13

16 Figure 2-1 CRL 3 Type A Offset Requirements Figure 2-2 to follow represents Type B scenarios where CRL Designation 3 sits on the top and down the side of CRL Designation 2 to a point below the level of the tunnel invert. Figure 2-2 CRL 3 Type B Offset Requirements 2.3 Proposed Changes to the CRL Designation 2 The Reference Design alignment of the CRL results in a range of changes to the extent of the CRL Designation 2. Drawings CRL-SYW-RME-000-DRG-0120 to 0124 in Appendix G show the location of the proposed revised designation extent. Land requirement table 1 (also in Appendix G) to drawings CRL-SYW-RME-000-DRG-0120 to 0124 identifies the sub strata areas required in hectares. 14

17 In summary the alterations to the extent of CRL Designation 2 are: 2 3 sites where the designation is placed over sites not previously affected by CRL 2; 16 4 sites where the designation is extended further; 39 5 sites where the extent of the designation is reduced over sites already affected by CRL; and 20 6 sites where the designation is removed. 2.4 Proposed Changes to the CRL Designation 3 There are no physical works for the CRL to be authorised by the alterations to CRL Designation 3 as this is a protection designation only. Drawings CRL-SYW-RME-000-DRG-0128 to 0132 in Appendix G show the location of the proposed revised designation extent. Land requirement table 2 (also in Appendix G) to drawings CRL-SYW-RME-000-DRG-0128 to 0132 identifies the strata areas required in hectares. The depth of CRL Designation 3, where the designation extends laterally beyond the extent of CRL Designation 2 will be defined by a point below the level of the tunnel invert. In summary the alterations to the extent of CRL Designation 3 are: 47 7 sites where the designation is placed over sites not previously affected by CRL 3; 13 8 sites where the designation is extended further; 27 9 sites where the extent of the designation is reduced over sites already affected by CRL; and 9 10 sites where the designation is removed. 3 Sites not previously subject to a CRL designation are identified on drawings CRL-SYW-RME-000-DRG-0120 to 0124 and in Table 1 of Appendix G by a single ID letter (e.g. A ) 4 Sites with an existing CRL designation to be altered by this NoR are identified on drawings CRL-SYW-RME-000-DRG-0120 to 0124 and in Table 1 of Appendix G by an ID number followed by a letter (e.g. 36-B ) 5 Ibid 6 Ibid 7 Sites not previously subject to a CRL designation are identified on drawings CRL-SYW-RME-000-DRG-0128 to 0132 and in Table 2 of Appendix G by a single ID letter (e.g. A ) 8 Sites with an existing CRL designation to be altered by this NoR are identified on drawings CRL-SYW-RME-000-DRG-0128 to 0132 and in Table 2 of Appendix G by an ID number followed by a letter (e.g. 36-B ) 9 Ibid 10 Ibid 15

18 3 Physical Environment The existing environment in terms of the confirmed designations applying to the land subject to this NoR, has been described in Section above from a statutory planning perspective. In terms of the existing built and cultural environment, the following is noted: The existing CRL strata and sub strata designations are located largely beneath existing road reserve; Under the ACDP: CA where the existing designations are not located beneath road reserve they pass beneath commercial zoned land, which includes medium to high density commercial and office buildings, retail, and cafes; Under the ACDP: IS where the existing designations are not located beneath road reserve they pass beneath an area adjoining Mixed Use or Business 4 zoned land containing commercial and office buildings, retail, cafes and residential activities; and The buildings and items listed in Table 3-1 below are identified as having Historic Heritage significance and are located on sites above the proposed altered designation extents for CRL 2 and 3. Table 3-1 Heritage and Designation Items Location Ref No. Name Description 11 Mayoral Drive Heritage Notation Pitt Street to Mercury Lane 1-9 St Benedicts Street, Newton 30A-E St Benedicts Street, Newton ACDP:CA Ref 068 PAUP Ref 1985 PAUP Heritage Notation ACDP: IS Ref C08-26 PAUP Ref 1846 and 1596 Heritage NZ Ref Historic Place Category 1, Registration Number 640 Heritage Notation ACDP: IS Ref C08-26 PAUP Ref 1847 Heritage NZ Ref Historic Place Category Public Trust Building Public Trust Building St Benedicts Church and Presbytery The Stables Category B Interior Heritage factors style, construction, age, architect/designer/originator, design, interior, social context, landmark quality, location, intactness Heritage factors historical, technology, physical attributes, aesthetic Historic Heritage Overlay Extent of Place Category A/B scheduled building Category B scheduled building and surrounds. 16

19 Location Ref No. Name Description 1, Registration Number

20 4 Consideration of Alternatives 4.1 Introduction When considering a NoR to alter a designation, the territorial authority is directed to have regard to whether adequate consideration has been given to alternative sites, routes or methods of undertaking the work, under sections 181 and 171(1)(b) of the RMA. The territorial authority (in this case, AC) must, subject to Part 2 of the RMA, consider the effects on the environment of the requirement, having particular regard to whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the work if: The Requiring Authority does not have an interest in the land sufficient for undertaking the work; or It is likely that the work will have a significant adverse effect on the environment. AT has been engaging (and continues to engage) with affected parties over the acquisition of strata and substrata property to enable the construction, operation and maintenance of the CRL. The actual and potential effects of the NoR are identified and described in Section 6 of this AEE. The City Rail Link (CRL) Designations 2 (tunnels) and 3 (protection) footprints were established following the consideration of a range of design and construction parameters. The Concept Design which supported this process has been subject to ongoing design refinements through the CRL Reference Design stage. This stage has identified value engineering opportunities where value is defined not only as reduction in cost but also improvements in operational and construction safety, public amenity and environmental impact. This has further refined the design and associated construction requirements for the construction and operation of the CRL project. Optimisation of the rail alignment has enabled acquisition boundaries to be more clearly defined, altering and in some cases reducing the extent of strata and substrata requirements. Based on the design optimisations AT have considered three potential alternatives to amending the CRL alignment that is the subject of this NoR: Option 1 - Do nothing; Option 2 - Apply the CRL Designation 2 (tunnel) to all land identified as affected by the optimised CRL alignment; and Option 3 - Apply a combination of CRL Designations 2 and 3 to all land identified by the optimised CRL alignment. This NoR progresses Option 3. A summary of the potential outcome of each option follows. 4.2 Do Nothing As described in the Design and Construction memorandum attached in Appendix C the optimisation of the CRL alignment and consequential movement westwards of the alignment has resulted in the CRL tunnel located closer to the western edge of the existing CRL Designation 2 boundary. While still within the extent of CRL 2, the distance between the exterior of the tunnel wall and the edge of the designation is no longer sufficient to ensure the CRL tunnels will not be adversely affected by increased loading should adjoining sites outside the designation be developed in the future. 18

21 AT requires greater certainty on how potential future development of identified sites adjoining the CRL designation is addressed to ensure the long term safe operation of the CRL. As such the do nothing approach is not considered appropriate. 4.3 Extension of CRL Designation 2 CRL Designation 2 relates to Rail Purposes for the CRL below the ground surface which is necessary to provide for the construction, operation and maintenance of two rail tunnels, housing of appropriate utility services within the operational tunnels (e.g. telecommunications), and ancillary activities associated with the construction, operation and maintenance of the CRL. The designation provides an envelope to contain the CRL tunnels. AT are in the process of acquiring the necessary sub strata land to enable the construction, operation and maintenance of the CRL, as defined by CRL 2. Above CRL 2 is the protection designation CRL 3. CRL 3 does not authorise any works for the CRL project, but is intended to give protection to the tunnels which are authorised by the designation located immediately beneath it. The designation enables AT to protect against development that proposes to penetrate into the protection designation which could hinder or prevent CRL being constructed, or impact the structural integrity of CRL tunnels following construction. Land acquisition is not required for the purpose of CRL 3. Extension of CRL 2 to address the Reference Design optimises the rail alignment and extension to any adjacent protection areas would result in unnecessary and costly land acquisition. Extension of CRL 2 is considered inconsistent with the approach taken when the CRL Designation was established in that further land acquisition is identified as necessary to occur only for the purpose of the construction, operation and maintenance of permanent CRL infrastructure. To ensure the integrity of the CRL tunnels is protected from development on sites adjacent to the CRL Designation the protection designation CRL 3 is considered by AT as sufficient. CRL 3 minimises the impact on the future development potential of those site to which it applies. As a result the extension of the CRL Designation 2 to address tunnel and protection requirements is not considered appropriate. 4.4 Extension of CRL Designations 2 and 3 The Design and Construction memorandum attached in Appendix C describes the property review process undertaken to determine the extent of designation required for the Reference Design alignment and the most appropriate form, in order to minimise the need for further land acquisition. Two sets of criteria were developed and used: Type A - provide sufficient area for construction and operation of the CRL tunnels and to provide protection for the tunnels from future development on sites above based on a 7m off set for driven tunnels and 8-18m for mined tunnels, measured from the external face of the tunnel structure; and Type B provide sufficient area for construction and operation of the CRL tunnels and to provide protection for the tunnels from future development on sites above based on a 2m offset from the external face of the tunnel structure. Only applicable where geology is suitable and protection designation is present as specified below. Using these criteria the required altered designation extents for CRL 2 and 3 based on the Reference Design alignment have been identified. This has resulted in the following: Extension of CRL designations over sites not previously affected by CRL; Further land requirements on some sites already affected by CRL; Reduction of the extent of CRL designations on some sites already affected by CRL; and Full removal of CRL designations. The extent of these requirements is shown on drawings CRL-SYW-RME-000-DRG-0120 to 0124 and 0128 to 0132 and in land requirement tables 1 and 2 to these drawings. 19

22 By using a combination of CRL 2 and CRL 3 AT confirms the extent of the area required for the construction, operation and maintenance of permanent CRL infrastructure. In addition this change achieves a sufficient area to ensure protection of the tunnels from future development on adjacent sites, while minimising the impact on the development potential of those sites. As such the combination of extensions to CRL 2 and CRL 3 where required to match the optimised rail alignment is the preferred option and has been progressed. 4.5 Summary The purpose of the ongoing review of the CRL Concept Design rail alignment through a further design phase is to identify value engineering opportunities and confirm the design required for the construction and operation of the CRL. The proposed design options best manage the potential effects on owners, current occupiers and surrounding land uses (owners and occupiers) while ensuring the CRL project objectives as outlined in section are met. 20

23 5 Consultation and Engagement 5.1 Introduction The NoR has been subject to targeted consultation and engagement with newly directly affected landowners not previously impacted on by the CRL designations. Those landowners affected by an increased extent of designation or where a CRL designation is to be reduced in its extent have been advised of the proposal in writing (a copy of these letters is attached in Appendix D). Consultation with newly directly affected landowners is summarised in the table to follow. It is important to note that the NoR sits within the context of the extensive consultation undertaken as part of the CRL project over an extended period of time. 5.2 Potentially Affected Parties Directly Affected Property Owners A summary of consultation and engagement activities undertaken with newly directly affected property owners as a result of the NoR works are listed in Table 5-1 below: Table 5-1 Summary of Consultation with Parties Newly Affected by Extension of CRL Designations 2 and 3. Address Owner(s) Meeting Held NoR Works 11 Mayoral Drive Bedford Enterprises Ltd 12/7/16 Extension of CRL 3 (protection) designation over part of the site. 13 Mayoral Drive Extension of CRL 2 (tunnel) and CRL 3 (protection) designation over part of the site. 15 Mayoral Drive Extension of CRL 2 (tunnel) and CRL 3 (protection) designation over part of the site Vincent Street NZ Police 2/8/16 Extension of CRL 3 (protection) designation over part of the site. 103 Vincent Street Auckland Young Women s Christian Association 105 Vincent Street Presbyterian Church Property Trustees 109 Vincent Street Body Corporate (Rodney Apartments 113 Vincent Street Body Corporate (Winsun Heights Apartments) 12/7/16 Extension of CRL 3 (protection) designation over part of the site. 26/7/16 Extension of CRL 3 (protection) designation over part of the site. 9/8/16 Extension of CRL 3 (protection) designation over part of the site. 19/8/16 Extension of CRL 3 (protection) designation over part of the site. 21

24 Address Owner(s) Meeting Held NoR Works 117 Vincent Street Vincent Street Properties Ltd 125 Vincent Street P E Lindesay and B L Lindesay and Macky Trustee Company Limited / Lindesay Family Trust 19/7/16 Extension of CRL 3 (protection) designation over part of the site. 11/7/16 Extension of CRL 3 (protection) designation over part of the site. 127 Vincent Street Stack Holdings Ltd 24/8/16 Extension of CRL 3 (protection) designation over part of the site. 133 Vincent Street de Richaumont Investments Limited Vincent Street Body Corporate (Dynasty Gardens Apartments) 139 Vincent Street L K Y Lai and M Y J Lai M and W Lieu Pitt Street Gaowoo Holdings Trustees Limited Pitt Street Gaowoo Holdings Trustees Limited 18/7/16 Extension of CRL 3 (protection) designation over part of the site. 12/7/16 Extension of CRL 3 (protection) designation over part of the site. 18/7/16 Extension of CRL 3 (protection) designation over part of the site. 7/7/16 Extension of CRL 3 (protection) designation over part of the site. 7/7/16 Extension of CRL 3 (protection) designation over part of the site. 268 Karangahape Road O M Newland 25/7/16 Extension of CRL 3 (protection) designation over part of the site. 5.3 Auckland Council The CRL Project Team met with AC s Central & Islands Planning Unit Plans and Places Department policy team on 18 December 2015 and 31 August The purpose of these meetings were to review the CRL design changes since the Concept Design which supported the confirmed CRL Designations and the proposed alterations required to the CRL Designation 2 and 3 for the NoR works. 5.4 Mana Whenua Engagement with the CRL Mana Whenua Forum has continued as the CRL design progresses and further statutory approvals are sought. The Forum were provided with a full copy of the NoR prior to lodgement of the application. The Mana Whenua Forum has noted a general level of comfort with respect to the approach, particularly given their involvement in the original CRL Designation processes and subsequent design work stream for CRL and on-going planning approvals (including resource consents). No issues have been raised by the Forum with respect to this NoR. 22

25 6 Assessment of Environmental Effects 6.1 Introduction This section contains the assessment of actual and potential effects on the environment in relation to the works which will be authorised by the alteration to CRL Designations 2 and 3. It is important to note that this AEE does not traverse effects which have previously been considered as part of the CRL Designation, as those effects form part of the existing environment, and the permitted baseline. 6.2 Positive Effects It is anticipated that the NoR works, once constructed and operational, will provide or contribute to achieving the following positive effects: A rail alignment that can provide for as high as practical line speed; Greater certainty for affected land owners as to the actual effects of the CRL on sites over which the CRL tunnels will be located or adjacent to; Cost savings to the Project through removal of unnecessary land purchases; Retention of development potential by landowners affected by the CRL Designation; and Protection of the CRL tunnels from any potential adverse effects from future development on sites adjacent to the tunnels. 6.3 Mana Whenua Values Relevant considerations with respect to the NoR matters were raised by Mana Whenua groups within the CRL MVAs and CVAs. While no formal update to the MVAs has been sought, ongoing and regular feedback on the CRL is sought from Mana Whenua groups through regular CRL Mana Whenua Forum hui. The Forum were advised of the need to alter CRL Designations 2 and 3 on 9 June 2016 and a copy of the AEE was provided to the Forum prior to lodgement of the NoR. No new effects arising from the NoR have been identified that require the insertion of new conditions or alteration to the existing CRL Designation conditions that relate to Mana Whenua. In accordance with CRL Designation condition 8, the Mana Whenua Forum provides for ongoing opportunities for Mana Whenua groups to undertake kaitiakitanga responsibilities and mātauranga Māori input into the NoR works. 6.4 Construction and Operation Noise and Vibration and Building Damage The NoR 11 to establish the CRL Designations noted in respect of what is now CRL Designation 2 the following potential effects: Regenerated noise during construction and operation of the two tunnels, i.e. noise generated by construction vibration sources which travels through the ground and through a building structure and is re-radiated by the building structure as noise. 11 Beca, CRL NoR 2 23

26 Potential structural damage of buildings and structures during construction of the two tunnels as a result of vibration from the tunnelling process (including on nearby heritage buildings and structures). Minor changes to the extent of CRL 2 are proposed which affect 13 and 15 Mayoral Drive (ID references C and D on CRL-SYW-RME-000-DRG-0120 in Appendix G). These sites do not contain buildings and are currently used as carparks. As such the previously identified potential regenerated noise and vibration adverse effects of the CRL tunnels construction and operation beneath these sites will not apply to these sites as there are no buildings to be affected. Similarly the extension to the CRL 2 designation along Mayoral Drive, beneath the road reserve will not result in adverse regenerated noise effects associated with the tunnel construction and operation, given its use as public road. This proposed designation extension more accurately reflects the point at which the underground tunnels will commence. Land requirement plans CRL-SYW-RME-000-DRG-0120 to 0124 and table 1 included in Appendix G identify those sites where the existing CRL Designation 2 is to be extended further. For these sites the means of mitigating potential regenerated noise and vibration and building damage effects identified during the CRL NoR 12, where relevant, remain within the existing CRL Designation conditions (refer conditions 31-39, 46 and 63-65). No amendment to these conditions is required in order to mitigate the potential adverse effects of building damage associated with construction generated vibration and vibration associated with operation of the tunnels. 6.5 Future Development The properties which are now proposed to be included by this NoR within the extent of CRL Designation 3. These properties are shown on the land requirement plans CRL-SYW-RME-000-DRG to 0132 and table 2 included at Appendix G. The strata designation (CRL Designation 3) sits above the sub-strata land (CRL Designation 2). CRL 3 starts at a point 5m below natural ground level (the surface) and extends down to the top of the substrata designation for the two tunnels (CRL Designation 2). The depth of the strata designation will vary due to the changing topography above. It is anticipated that it will be fixed at final survey following completion of the construction works. The strata designation does not authorise any CRL physical works but is a mechanism to protect the integrity of the two tunnels below from future development on sites above or adjacent that may compromise the operation of the CRL. This will be achieved by ensuring AT engagement with landowners to manage the specific nature of proposed future development in the vicinity of the CRL tunnels. The proposed NoR to extend CRL 3 will not preclude development within this protection area, rather it provides the process (under section 176(1)(b) of the RMA) for agreement to be reached with AT and the landowner (or developer) that development in the protection area can proceed where appropriate by providing measures to ensure that the integrity of the tunnels is retained. Section 176(1)(b) of the RMA provides the ability for approval for development to be sought and obtained providing it does not hinder or prevent the CRL works authorised by the designation. Depending on the size and extent, and particularly the depth and loading, of any foundations / piles or basements associated with a proposed development, it is anticipated that development may be able to occur in a number of areas covered by this designation. It is considered the same potential adverse effect and process for applying mitigation is relevant to the extension to CRL Designation 3 as proposed by this NoR. Designation 3 relates specifically to the location of the rail tunnels which are covered by CRL Designation 2. There are no further environmental effects associated with the application of CRL Designation Ib id 24

27 AT are engaging with the affected property owners to inform them of this NoR and with a view to negotiating the necessary compensation where identified through a process of establishing if the future development potential of a site is affected by the presence of CRL Designation Summary of Effects The preceding assessment of potential adverse effects associated with the NoR has been undertaken based on the Design and Construction memorandum contained in Appendix C and land requirement plans and tables in Appendix G. It is considered there are no additional adverse effects associated with the NoR. The compensation provisions of the PWA will address potential limitations on future development of sites above or adjoining the CRL designations. This process will be undertaken by AT separately and completed subject to confirmation of the NoR. 25

28 7 Notification Assessment 7.1 Introduction With regards to section 95E, the following persons have been identified as potentially affected by the Project: Landowners subject to the works; and Occupiers of the land subject to the works. Consultation undertaken to date is discussed in Section 5 of this report. 7.2 Public Notification Section 181(2) states an alteration to a designation shall be subject to sections 168 to 179. Section 168A(1A) states the territorial authority must decide whether to notify the notice of requirement under sections 95A to 95G. When considering whether public notification is required under Section 95A, Section 95D of the RMA provides guidance to the consent authority in deciding if adverse effects are likely to be more than minor and states that a consent authority: (a) must disregard any effects on persons who own or occupy (i) the land in, on, or over which the activity will occur; or (ii) any land adjacent to that land; and (b) may disregard an adverse effect of the activity if a rule or national environmental standard permits an activity with that effect; In considering whether public notification is required, the effects on persons who own or occupy the land or are adjacent to that land must be disregarded. In reaching a decision about notification in relation to this strata and sub-strata NoR, the consent authority should only take into account actual and potential effects from the change in effects when compared to the already consented CRL Designations 2 and 3. CRL Designations 2 and 3 now form part of the existing environment. As such, the construction, operation and maintenance of the CRL is permitted within the footprint of the designation and the consequential effects anticipated. The strata and sub-strata NoR is for work required to construct, operate, maintain and protect the CRL. Given the minor changes in designation extent and locational changes of some components of the infrastructure (as described in Section 2), there are considered to be limited parties affected by the differences between the proposed works with that provided for under the existing CRL Designations 2 and 3. In summary, the effects of this NoR, beyond the adjacent sites, are not considered to be more than minor and generally accord with activities anticipated by the existing CRL Designations 2 and 3. Based on the assessment above, the proposed works are not considered to require public notification under section 95A of the RMA. 7.3 Limited notification Section 95B of the RMA directs a consent authority to consider limited notification if it does not publicly notify an application under section 95A. In making this decision the consent authority guidance is provided in section 95E of the RMA. Section 95E of the Act states that any adverse effects on a 26

29 person may be disregarded if a rule or national environmental standard permits an activity with that effect. An assessment of effects of the NoR is outlined in Sections 6.2 to 6.5 of this report. The key effects identified in this section are primarily associated with those relating to the potential for limitation of future development on sites above or adjacent to the CRL designations, not previously affected by the CRL. Those sites are identified on drawings CRL-SYW-RME-000-DRG-0120 to 0124 and 0128 to 0132 and tables 1 and 2 in Appendix G. 7.4 Overall Conclusion on Notification The assessment of effects undertaken in respect of the NoR at section 6 of this report identifies potential adverse effects and confirms there will be no change to construction noise and building damage effects resulting from the NoR. In regard to future development of sites above or adjoining the extended CRL designations while this will have a potential impact on the manner in which these sites could be developed in the future the financial implications will be addressed through the PWA upon confirmation of the NoR. In conclusion, full notification under section 95A is not considered necessary for this application. In regards to limited notification under section 95B, AT requests limited notification of the NoR to alter Designations 2 and 3 to those parties identified in Appendix E as subject to a CRL designation where previously none applied. AT will advise in writing all parties subject to a reduction or removal of designation as a result of this NoR. A sample copy of a letter is contained in Appendix D. 27

30 8 Statutory Assessment 8.1 Recommendation on a Notice of Requirement by a Territorial Authority (section 171) Section 171(1) of the RMA specifies those matters a territorial authority must have particular regard to, subject to Part 2, when considering the effects on the environment of the requirement. The relevant assessment matters of section 171 are outlined below: Section 171(1)(a) - The relevant provisions of any policy statement or plans The relevant policy statements and plans are discussed further below in Section 7.2 and Appendix F of this AEE. Section 171(1)(b) - Whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the works A summary of the alternatives considered is contained in Section 4 of this AEE. It is considered that adequate and robust consideration has been given to the reasonable alternatives in relation to the proposed amendments to the CRL alignment. Section 171(1)(c) - Whether the work and designation are reasonably necessary to achieve the objectives of the requiring authority (stated in Section 1 of this AEE) The NoR will confirm AT s ability to construct a key component of the CRL which forms part of an enhanced wider Auckland rail network. The NoR is in accordance with AT s objectives as described in Section 1.2.1, the CRL project objectives stated in Section In particular the NoR will work toward the achievement of the objectives by providing certainty around the alteration to existing rail alignments and the future operation of the CRL rail network and the necessary land requirement. The NoR is reasonably necessary to achieve the following in respect of CRL Designation 2: To enable the construction of a revised CRL rail alignment in accordance with design objectives. The NoR is reasonably necessary to achieve the following in respect of CRL Designation 3: To ensure the security of the two sub-strata tunnels is maintained in respect of separation from other network utilities and the potential actions of third parties on and within land contained within the designation footprint. Section 171(1)(d) - Relevant other matters that the territorial authority consider reasonably necessary in order to make a recommendation on the requirement These include the Auckland Plan and other statutory and non-statutory planning policy documents which are discussed in Section 8.2 and 8.3 to follow and Appendix F of this AEE. 8.2 Summary of Planning Documents and Statutory Assessment The NoR works have been assessed against the key provisions of the RMA, other relevant legislation and against the relevant statutory policy statements and plans. This full assessment is contained in Appendix F to the AEE. Other relevant legislation considered is as follows: Heritage New Zealand Pouhere Taonga Act 2014 (HNZPTA); Local Government (Auckland Council) Act 2009 (LGACA); Land Transport Management Act 2003 (LTMA); 28

31 Public Transport Management Act 2008 (PTMA); State Owned Enterprises Act 1986 (SOEA); New Zealand Railways Corporation Act 1981 (NZRCA); Railways Act 2005 (RA); Auckland Plan; Auckland Long-Term Plan (LTP); Auckland Regional Land Transport Strategy (RLTS); Auckland Regional Land Transport Programme (RLTP); Auckland Regional Public Transport Plan 2015 (RPTP); City Centre Master Plan (CCMP) 2012; Auckland Transport Plan 2009 (ATP); and Rail Development Plan (RDP). The relevant statutory policy statements and plans considered for the NoR are: Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (NESsoil). Auckland Regional Policy Statement (ARPS); Proposed Auckland Unitary Plan (PAUP Decisions Version notified 19 August 2016); and Auckland Unitary Plan (Operative in part 15 November 2016 AUPOP) Overall the assessment of the NoR against the relevant provisions of the RMA, including Part 2, policy statements and plans, relevant statutory and non-statutory documents has concluded that the NoR is generally consistent with the purpose and principles of the RMA, and key policy documents, including the Auckland Plan and the RLTS. Various non-rma statutory documents identify the CRL, of which the NoR is a key component, as a priority project with significant benefits to Auckland s transport network. The proposed alteration to the CRL designations is necessary to achieve AT s objectives and the wider CRL project objectives. Adequate consideration has been given to alternative sites, routes and methods, confirming the necessity for the NoR. The potential adverse effects of the NoR remain unchanged from those identified under the CRL Concept design which established the designation and can be avoided and mitigated to ensure overall the NoR meets the purpose and principles of the RMA. The main conclusions of the statutory planning assessment are: The NoR is generally consistent with, and will give effect to (where required) the relevant objectives and policies of the RMA and non-rma planning documents; No additional potential adverse effects on the environment result from the NoR; The necessary land requirements will be addressed through the PWA subject to confirmation of the NoR; and The NoR provides for, and will respond to the matters in sections 6, 7 and 8 of the RMA. Finally, the works associated with the NoR are an essential component of the CRL and therefore the NoR is consistent with and seeks to further implement the objectives of the overall confirmed CRL Designations 2 and 3. 29

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33 9 Further CRL Approvals Required The following approvals under other legislation are being sought for the Aotea Station to NAL section (which includes the NoR works extent): Heritage New Zealand Pouhere Taonga Act 2014: application for a general archaeological authority under s44(a). General archaeological authorities for the CRL works are following a staged approach consistent with the resource consent packages 31

34 10 Proposed Designation Conditions 10.1 Introduction The existing CRL Designation conditions dated 21 October 2015 and confirmed by the Environment Court on 10 November 2015 are attached in Appendix C. Other than necessary amendments to general condition 1, no other changes to the existing CRL conditions are proposed Proposed Designation Conditions The NoR proposes the following amendments and additions to address the potential adverse effects associated with the proposed works identified in Section 6. Additions are in bold and underlined, deletions are struck through. Amend: 1.1 Except as modified by the conditions below and subject to final detailed design, and except as altered by Assessment of Environmental Effects (Reference CRL-AOT-RME ), Design and Construction Report (Reference CRL-AOT-RME and Drawings CRL-SYW-RME- 000-DWG ), except as altered by Assessment of Environmental Effects (Reference CRL-MTE-RME ), Design and Construction Memorandum (Reference CRL-MTE-RME ) and Drawings CRL-SYW-RME-000-DWG-0101, 0102, 0110 and 0133 and CRL-EFC- ROA-000-DRG-1027,1028 and 1127 and CRL-EFC-CON-DRG- 0060, 0061, 0062, 0063 and 0064), except as altered by Assessment of Environmental Effects (Reference CRL-SYW- RME-000-RPT-0065, Design and Construction Memorandum (Reference CRL-SYW-RME-000- MEM-0002) and Drawings CRL-SYW-RME-000-DRG-0120 to 0124 and 0128 to 0132 the City Rail Link Project shall be undertaken in general accordance with the information provided by the Requiring Authority in the Notice of Requirement dated 23 August 2012 and supporting documents (as updated by information provided by the Requiring Authority up until the close of the Hearing and during the course of Environment Court proceedings) being: In regard to CRL Designation 3 the following amendments are proposed. Additions are in bold and underlined: Amend: 1.1 Except as modified by the conditions below, and except as altered by Assessment of Environmental Effects (Reference CRL-SYW-RME-000-RPT-0065, Design and Construction Memorandum (Reference CRL-SYW-RME-000-MEM-0002) and Drawings CRL-SYW-RME- 000-DRG-0120 to 0124 and 0128 to 0132 the City Rail Link Project shall.be undertaken in general accordance with the information provided by the Requiring Authority in the Notice of Requirement dated 23 August 2012 and supporting documents being: (a) Assessment of Environmental Effects report (contained in Volume 2 of the Notice of Requirement suite of documents, dated 15 August 2012 Rev B); (b) Supporting environmental assessment reports (contained in Volume 3 of the Notice of Requirement suite of documents, dated August 2012); (c) The Concept Design Report (contained in Volume 2 of the Notice of Requirement suite of documents, dated 13 August 2012 Rev 3); (d) Plan sets: 32

35 (i) Land requirement plans (contained in Volume 1 of the Notice of Requirement suite of documents, dated 15 August 2012); (ii) Plans contained in the Concept Design Report Appendices (contained in Volume 3 of the Notice of Requirement suite of documents, dated 13 August 2012 Rev 3). 33

36 11 Conclusion The NoR is reasonably necessary to achieve the objectives of AT as Requiring Authority for the CRL Project. It will enable AT to undertake the works required for the construction, operation and maintenance of the CRL, and will ensure the CRL tunnels are protected from future development on sites above or adjacent. Matters that are considered relevant to the assessment of the NoR have been addressed within the NoR suite of documents, including this AEE. The matters which have been considered in the preparation of this AEE have included: Policy documents relevant to the NoR; The consultation undertaken to date and what is proposed on-going for the NoR works; An assessment of the environmental effects, including environmental assessments undertaken by technical experts; and An assessment of planning legislation, statutory documents and the relevant non-statutory documents. It is considered there are no additional adverse effects associated with the NoR. The compensation provisions of the PWA will address potential limitations on future development of sites above or adjoining the CRL designations. This process will be undertaken by AT separately. No amendment to the existing CRL conditions is required other than additional document referencing in general condition 1. 34

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38 Appendices