BEFORE THE ENVIRONMENT COURT

Transcription

1 1991 BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2018-AKL Under the Resource Management Act 1991 ( the Act ) In the matter of a direct referral of an application for resource consent for the necessary infrastructure and related activities associated with holding the America s Cup in Auckland Between Panuku Development Auckland Limited Applicant And Auckland Council Regulatory Authority Statement of evidence of John Douglas Parlane for the Auckland Theatre Company Limited Dated 21 August Viaduct Harbour Avenue P Private Bag F Auckland 1142 DX CP22001 Solicitor: Marija Batistich/ Louise Trevena-Downing E: Marija.Batistich@kensingtonswan.com/Louise@kensingtonswan.com

2 1992 STATEMENT OF EVIDENCE OF JOHN DOUGLAS PARLANE FOR THE AUCKLAND THEATRE COMPANY LIMITED 1 Role and experience 1.1 My name is John Douglas Parlane. I have been a traffic engineer and principal of Parlane & Associates Limited for 20 years. Prior to this I was a Senior Engineer employed by Traffic Design Group Limited. 1.2 I hold a Bachelor s Degree in Civil Engineering and Certificates of Proficiency (Masters Level) in Traffic Engineering, Transportation Planning, and Environmental Law from the University of Auckland. I hold a Bachelor of Applied Economics from Massey University. I am a member of the Institution of Professional Engineers, New Zealand (MIPENZ). For the last thirty years I have worked as a specialist Traffic Engineer and transportation Planner, first as a staff member of Auckland City Council and then North Shore City Council and then in private practice both in London and Auckland. 1.3 I have been involved in the transport planning for new infrastructure and in providing access to developments on busy roads for most of my career. 1.4 I have read and agree to comply with the Environment Court s Code of Conduct for expert witnesses outlined in the Environment Court s Practice Note I have complied with this practice note in preparing this statement of evidence. I also confirm that my evidence is within my area of expertise except where I state that I am relying on what I am being told by another person. I also confirm that I have not omitted to consider material facts known to me that might alter or detract from my expressed opinions. 1.5 My evidence is given for Auckland Theatre Company Ltd ( ATC ) in relation to the direct referral application to the Environment Court, lodged by Panuku Development Auckland Limited ( Panuku ) on 25 June The applications relate to the America s Cup Wynyard Hobson proposal ( Proposal ). 1.6 I have reviewed the application documents for the Proposal relevant to my area of expertise, including the Integrated Transportation Assessment by Beca. 1 I have also read the following statements of evidence: a Traffic and Transportation - Mr Phillips; 2 1 Traffic and Transport Technical Report [1 and 2] dated April 2018, Beca Ltd, Common Bundle ( CB ), Vol A, Tabs CB25 and CB26 at P1585 P

3 1993 b c Planning Messrs Cook and Lala; 3 and Construction Methodology - Mr Grant. 4 I note that I have not considered in detail the attachments to Mr Grant s evidence in their entirety. I have only reviewed the material which is relevant to my area of expertise. 1.7 I attended the Traffic and Transportation expert conferencing held on 26 July 2018 and I am a signatory to the Joint Witness Statement. 5 As a result of that process and the mediation process most of the traffic and transportation issues associated with the Proposal have been agreed and are dealt with by way of proposed conditions. 2 Construction Traffic Effects 2.1 The traffic effects due to construction of the bases will largely be mitigated through the proposed conditions relating to the Construction Traffic Management Plan ( CTMP ). I have read the latest version of the draft set of conditions proposed by Panuku, attached to the evidence of Mr Phillips. 6 I consider that the draft CTMP conditions, as proposed, will be adequate to address the expected impacts of construction traffic on ATC. 3 Parking Effects 3.1 I note that the construction works will result in a loss of the existing carparking area in Hamer Street currently leased by ASB, which is used in the evenings and weekends (i.e. after work hours) by visitors to ATC s ASB Waterfront Theatre ( Theatre ). I also note that the America s Cup event itself will result in the loss of the Jellicoe Street public parking area. My understanding of the application is that no mitigation is being proposed for the loss of either of these carparks at least as far as they are currently used by visitors to the Theatre. 3.2 In Figure 1 below I have shown an aerial photograph of the area showing both of these carparking areas and the Theatre. 2 Statement of Evidence of Mr Phillips for Panuku, dated 7 August 2018, Evidence Bundle ( EB ), Part 1, Vol 1A, Tab E10 at P0537 P Statement of Evidence of Messrs Cook and Lala for Panuku, dated 7 August 2018, EB, Part 1, Vol 1B, Tab E19 at P1060 P Statement of Evidence of Mr Grant for Panuku, dated 7 August 2018, EB, Part 1, Vol 1A, Tab E9 at P0311 P Traffic and Transport Joint Witness Statement dated 26 July 2018, EB, Part 1, Vol 2, Tab E23 at P Draft Construction Traffic Management Plan, Statement of Evidence of Mr Phillips for Panuku dated 7 August 2018, EB, Part 1, Vol 1A, Tab E10 at P0578 P

4 1994 Figure 1 ASB Waterfront Theatre and Parking 3.3 I have visited the Hamer Street parking area and the Jellicoe Street public carpark on three evenings (Thursday 16, Friday 17, and Saturday 18 August 2018) while a show was on at the Theatre. 4 Hamer Street Carparking 4.1 I understand that the Hamer Street carpark is currently utilised by ATC at nights for evening performances, and during weekends as a parking area for their patrons. When booking tickets to the theatre on the ATC website, patrons are offered the chance to book a park at the Hamer Street carpark the same time. From my observations (as set out in paragraph 3.3 above), I could see that the carpark itself is securely fenced and has barriers arms and electric gates. When theatre patrons use the carpark, there is a security guard on duty who lets them in. During the show the gates are closed, and the security guard remains in the carpark with the cars. The guard then opens the gates when the show is over. I understand that ATC is allowed to use up to 150 parking spaces within the Hamer Street parking area. 4.2 The loss of the Hamer Street carpark means that visitors to the Theatre will have to find other places to park, most of which will be more distant from the Theatre

5 My understanding is that the applicant is providing the following alternative parking to ASB as part of a property agreement: a A new carpark at Site 18 on the corner of Beaumont Street and Jellicoe Street to accommodate 100 vehicles; and b Access to the Downtown Carpark for the balance of cars that currently use the Hamer Street carpark. 4.4 I also understand that The ASB will make 50 of the 100 spaces on the corner of Beaumont Street and Jellicoe Street available for use by ATC after business hours. That means that ATC will have 100 fewer parking spaces available as a result of the America s Cup Proposal. While the Downtown Carpark, which is a public carpark, may be an acceptable alternative for commuter parking (for ASB workers, for example), the fact that it is an 11 minute walk from the Theatre means that this carpark is not as useful for Theatre patrons, many of whom visit the area at night and have to walk back to their cars in the dark. 4.5 My view is that the removal of parking from the Hamer Street carpark will have a significant adverse effect on the patrons of the Theatre, and that this should be mitigated. In my view the correct mitigation would be to make the same number of parking spaces (150) available to ATC on a site close to the Theatre. The current proposal currently does not provide for any, but as above, I understand that ASB will make 50 spaces available for ATC use. 5 Jellicoe Off-Street Public Parking Area 5.1 The Event Transport Management Plan 7 indicates that the Jellicoe Street Parking area will be closed for the entirety of the America s Cup event. It is shown as part of the event overlay for all of the Scenario levels 1 to 3. This carpark is one of the few available public parking areas in the Wynyard Quarter. It is used by visitors to the area during the day and in the evenings. 5.2 The loss of this parking has the potential to require that all of these people either park elsewhere and walk, change mode and use the reduced frequency evening buses, or at worst, not come to the area at all. 5.3 The Jellicoe Parking area was established within the framework of a District Plan that sought to limit the effect of traffic during the peak commuter periods by limiting commuter parking. However these spaces are used by visitors outside of 7 Draft Event Transport Management Plan, Statement of Evidence of Mr Phillips for Panuku, dated 7 August 2018, EB, Part 1, Vol 1A, Tab E10 at P0643 P

6 1996 those commuter peaks and removing them will only have a limited effect on peak traffic. 5.4 In my view removing these spaces as is required by the Proposal means there will be a significant adverse transport effect because people will need to park somewhere much further from where they wish to visit or may choose not to visit at all. I consider that this will impact on visitors to the ATC productions at the Theatre. 5.5 I understand that the Jellicoe Street carpark site is a development site and at some point in the future these parking spaces will be either removed or incorporated into a development. In my view, that does not change the simple fact that the public carparks are available now and will not be available during the event. That displacement of parking is in my view a significant adverse effect that should be mitigated through the provision of other parking. 6 Parking Demand in the Area 6.1 I counted cars in the Hamer Street carpark and Jellicoe Street public carpark on three evenings shortly after a show had started at the Theatre. On all three nights a play commenced at 8:00pm. 6.2 On the three nights that I visited the carpark, the number of cars parked were as follows: Date/Time Hamer Street Secure Parking (268 Spaces) Theatre Other Total Patrons Cars Cars Cars Jellicoe Street Public Parking (190 spaces approx.) Thursday 16/8/18 at 8:40pm Friday 17/8/18 at 8:35pm Saturday 18/8/18 at 8:30pm (at 8:30pm) (at 8:25pm (at 8:20pm)

7 I manually counted the total cars at the Hamer Street carpark and I got the number of theatre patron s cars from the security guard s records of cars that arrived. The other category is the difference of these two numbers (which are assumed to be ASB cars or ASB staff cars). 6.4 The effect of the construction phase of the application is that all of the theatre parking at the Hamer Street parking area will be lost. The numbers I counted range from 25 cars up to 88 cars but potentially for a very popular show up to 150 cars spaces could be lost. 6.5 The event phase of the application will then exacerbate this adverse effect by displacing all 153 of the cars that are currently parking in the Jellicoe Street carpark. The cumulative effect of that loss of parking is that 153 cars parked in the Jellicoe Street carpark, and 88 of the cars parked in the Hamer Street area on Saturday 18 th August 2018 would not have been able to park in the area. That is a total of 241 cars that would be displaced. 50 new spaces will be available, leaving a shortfall of 191 spaces. I consider that to be a significant adverse effect that should be avoided, remedied or mitigated. 6.6 Although I counted the cars parked in the Jellicoe Street carpark I was unable to tell how many of these cars belonged to people visiting the Theatre. However given that this carpark is only 300 metres from the Theatre, or approximately a four minute walk, I assume many Theatre patrons would choose to park there. Even if the people who park in the Jellicoe Street carpark are not visiting the Theatre, closure of that carpark would still mean the displacement of all of these cars and greater competition for any alternative parking that might be available to Theatre patrons. 7 Mitigation of the Loss of Parking 7.1 The Joint Witness Statement for Traffic ( JWS ) discusses the mitigation necessary when parking is removed as a result of the AC32 projects. 8 My view is expressed in paragraphs and of the JWS is that each space lost should be replaced by one space located in the vicinity. The traffic advisors for Panuku and the Council expressed their views in paragraph as follows: 8 Traffic and Transport Joint Witness Statement dated 26 July 2018, EB, Part 1, Vol 2, Tab E23 at P1294 P Traffic and Transport Joint Witness Statement dated 26 July 2018, EB, Part 1, Vol 2, Tab E23 at P Traffic and Transport Joint Witness Statement dated 26 July 2018, EB, Part 1, Vol 2, Tab E23 at P Traffic and Transport Joint Witness Statement dated 26 July 2018, EB, Part 1, Vol 2, Tab E23 at P

8 I agree with Mr Phillips and Ms Coomer-Smit that the Auckland Unitary Plan ( AUP ) seeks to limit parking both in the Wynyard Quarter and in the Viaduct Harbour area of the CBD. However, the parking that exists in these areas was established legally having regard to those policies and rules or before those provisions came into force. The AUP does not seek to eliminate parking altogether nor does it anywhere state that it is desirable to remove existing parking that is needed to support local activities. The reason why parking constraints were imposed in these areas is because there is limited capacity on roads during the commuter peaks. Constraining parking is intended to minimise peak traffic generation by encouraging commuters to use public transport. In my view that is no justification to remove parking that is needed by visitors particularly those visiting outside of the commuter peaks. In my view, the Wynyard Quarter has an entertainment and dining function for all Aucklanders and tourists, and parking is needed for some of these people. 7.3 Furthermore I disagree with the suggestion by Mr Phillips and Ms Coomer-Smit in the JWS that the AUP provides a justification for travel demand management as a means of mitigating the loss of parking. 12 The reference they have to section I relates to parking rules that limit parking for new buildings. As they noted, that rule has a stated purpose as follows: 13 To maintain or enhance both the safety and capacity of the internal and wider road network and to significantly reduce single occupancy vehicle commuter trips to and from the Wynyard precinct. 7.4 It is my opinion that ATC does not create any significant level of commuter trips to the Wynyard precinct. It is my view that the Theatre is less likely to generate high levels of single occupant vehicles (in comparison to an office/workplace). As such, that rule has no application in this case. 12 Traffic and Transport Joint Witness Statement dated 26 July 2018, EB, Part 1, Vol 2, Tab E23 at P Auckland Unitary Plan, Chapter I, City Centre, 1214 Wynyard Precinct, CB, Vol E, Tab CB196 at P

9 In my view the relevant material is the objective and policies set out in the Wynyard Precinct. 14 Objective 11 in I is: 7.6 The relevant policies in I are: 7.7 The objective and policies are concerned with managing road capacity which is really only an issue during the peak traffic periods. More specifically the issue in this area is the limited capacity for Wynyard Precinct traffic entering and leaving Fanshawe Street. The rules that limit parking were established specifically to limit additional traffic during the morning and evening peak hours. In my experience visitor parking due to entertainment and dining activities typically occur after the evening peak hour and generates no trips in the morning peak period. Restricting parking for these activities is unlikely to achieve either the AUP objective or policies for the Wynyard Precinct. 7.8 I consider it wrong to interpret the AUP parking constraint rules as meaning that parking for the Theatre and other night time and off peak activities can be removed without being replaced. I take the opposite view. The fact that parking has already been limited in the Wynyard Precinct means that removal of existing visitor parking will have an even greater adverse effect because there are few other alternative parking options. 14 Auckland Unitary Plan, Chapter I, City Centre, 1214 Wynyard Precinct, CB, Vol E, Tab CB196 at P4947 P Auckland Unitary Plan, Chapter I, City Centre, 1214 Wynyard Precinct, CB, Vol E, Tab CB196 at P4947 P Auckland Unitary Plan, Chapter I, City Centre, 1214 Wynyard Precinct, CB, Vol E, Tab CB196 at P

10 For these reasons it is my opinion that the parking spaces (which were established under similar previous parking constraint regimes in the earlier District Plan) are necessary spaces and their loss should be mitigated through the provision of alternative spaces elsewhere. In my view the applicant should be looking to provide ATC with 150 parking spaces in the vicinity (i.e. as close as practicable to the Theatre) and I recommend the applicant should also look to provide up to 153 additional spaces to replace the parking that will be lost to the public in the Jellicoe Street Carpark. 8 Road Closures 8.1 My understanding of the draft Event Transport Management Plan 17 is that on days that have been classified as Scenario 1 or 1+ it might be necessary to close Jellicoe Street. My understanding is that this will be the only full road closure as indicated in Figure 5-1 of the Event Transport Management Plan. 18 I note that the JWS states that no other roads would need to be fully closed The partial closure of Halsey Street north of Madden Street has the potential to impact on patrons who would need to be dropped off at the Theatre. ATC management have instructed me that they have many elderly and disabled patrons who are unable to walk long distances, so they need to be dropped off outside the theatre. As such, I recommend that there should be a condition of consent that seeks to ensure people dropping off passengers at the Theatre are allowed to stop north of the marshalling point to set down or pick up passengers and then turn around. I understand this is the intent of proposed condition 183A(g) Conclusions 9.1 The key traffic area where the Proposal will impact on ATC is through the removal of parking. 9.2 Firstly the ATC will lose the 150 spaces it currently has access to in the secure Hamer Street carpark which will have a serious adverse effect on the ATC and their patrons. My advice is that this significant adverse effect should be mitigated through the provision of another 150 parking spaces in the vicinity of the ASB Waterfront Theatre. 17 Draft Event Transport Management Plan, Statement of Evidence of Mr Phillips for Panuku, dated 7 August 2018, EB, Part 1, Vol 1A, Tab E10 at P0643 P Draft Event Transport Management Plan, Statement of Evidence of Mr Phillips for Panuku, dated 7 August 2018, EB, Part 1, Vol 1A, Tab E10 at P Traffic and Transport Joint Witness Statement dated 26 July 2018, EB, Part 1, Vol 2, Tab E23 at P Applicant s Proposed Conditions of Consent dated 7 August 2018, Statement of Evidence of Messrs Cook and Lala for Panuku, dated 7 August 2018, EB, Part 1, Vol 1B, Tab E19 at P

11 Secondly the Event will result in the removal parking from the Jellicoe Street public carpark which will further exacerbate parking issue in the Wynyard Quarter. These spaces are available for ATC patrons, and are in close proximity to the Theatre. Again I consider this to be a significant adverse effect as it is difficult to find alternative parking in an area where parking has purposely been limited. My view is that Panuku should also mitigate the loss of this parking area by providing more visitor parking elsewhere. John Douglas Parlane 21 August