From www.bdcentral.co.nz
Commissioner rejects AMP trusts attempt to force notification of development for ANZ
Published 22 January 2010
Planning commissioner Greg Hill has rejected an AMP NZ Office Trust attempt to force development of a new office block opposite Britomart on Customs St East to be publicly notified.
The AMP trust itself fought strenuously and successfully – in 2000 to prevent notification of its PWC Tower on Quay St because it exceeded the height limit.
The proposed Customs St East development from Gore St through to the eastern end of Fort St – is for the new headquarters of the ANZ Bank, although the bank still isnt mentioned in the consent process.
Developer Waikoro Ltd (Tim Edney) has proposed demolishing the 2-level building at 71-77 Customs St abutting the Rose & Crown Tavern and then the redevelopment of the entire 2629m² block (4 lots) between 69-105 Customs St. The proposed redevelopment comprises:
retention & refurbishment of the scheduled category B 424m² Rose & Crown Tavern
excavation & construction of 6 basement levels of vehicle access, servicing & parking
construction of a 26-level commercial, retail & office tower
retention of the existing 12-level Ballantyne House office building.
Waikoro has proposed a different setback from that prescribed in the district plan, resulting in more bulking of the building back from Customs St, resulting in a slightly wider building than permitted when viewed from west or east.
Lawyers representing AMP NZ Office Trust said in a letter dated 21 December the application should be treated as a non-complying activity because, under rule 14.4.8 of the plan, an activity which exceeds the maximum total floor:area ratio is required to be treated as a non-complying activity. In this case, the proposal exceeds the maximum total floor:area ratio of 10:1.
The applicant & the reporting officer, senior Auckland City Council planner Earl Brookbanks, considered that overall the proposal was a restricted controlled & a restricted discretionary activity. Mr Hill, an independent commissioner, concurred in his 23 December decision on notification (not on consent).
Mr Brookbanks said in his report, on Waikoros application for an exemption from the planning provisions for its setback alternative: The exemption is an incentive to build up to maximum frontage heights. The applicant argues that its alternative setback strategy is deserving of this exemption.
He said the only matters requiring consideration, which didnt comply with consent rules, are limited in scope and address matters of detail which are not fundamental to the establishment of the activity on the site.
The proposal does not conform to the requirements of the frontage height & setback control as it applies under the Queen Street Valley Precinct provisions and accordingly this aspect is subject, together with other elements of the proposal, to resource consent.
Nevertheless, the proposal adopts an alternative, site-specific setback strategy as a key concept in the design of the building. This strategy, according to the applicant, takes into account the actual physical characteristics of the existing building fabric in the neighbourhood & around the site and translates them through a design-led process in what the applicant considers a unique outcome that resonates with its immediate context.
According to the applicant, the distinct difference between the two sides of Customs St gives authenticity to the site-specific setback strategy. The proposal is therefore modelled by the actual existing fabric & built environment rather than by a theoretical set of heights, which relate more closely to the eastern side of the Queen Street Valley, which is where, in the applicants opinion, the frontage rules originate.
Mr Brookbanks said the plan applied a frontage height & setback control to ensure that new building conforms to the scale & alignment of the existing older buildings in relation to the street and thereby maintain the sense of intimacy & human scale which characterises the area. Although maximum floor:area ratios for the heart of the precinct, including this site, are set at 8:1 & 10:1, there is flexibility to achieve additional floor area, depending on the extent to which the floor:area exemptions available under the frontage height & setback control are incorporated into a development.
Mr Brookbanks said both the urban design panel & council senior urban designer Chad Hempleman commended the high standard of architectural design of the proposal, and Mr Hempleman said of the proposed setback alternative: The explanation of the frontage height & setback control suggest a 5m setback, at a maximum of 28m above street level, will mirror conditions typically found in the area. The applicants site analysis indicates actual site conditions are transitional, as it adjoins 2 different strategic management areas, each with differing planning conditions.
Having visited the area, I would concur with this assessment, as ad hoc development has occurred in this locale for decades.
Strictly applying the setback & frontage height rule would not achieve consistency in built form seen elsewhere within the Queen St Valley precinct. The rule applies to the eastern side of Queen St, where a high number of heritage buildings were built with similar heights & setbacks. Due to heritage constraints, lot size, ownership structures & a variety of building values, the outcome sought by the district plan may never be fully realised along Customs St East. Consequently, more flexibility is acceptable to frontage height & setback, given the greater likelihood of form variation in the future.
The district plan seeks a degree of consistency in height & setback in continuing built-form patterns. This does not occur around the subject site, has not occurred for some time and may never occur in this location.
Mr Hill concluded that, having had regard to the application categories & their status, including the issue of the non-complying-activity status, the application could be processed without the need for public notification (full or limited) as the effects on the environment would be no more than minor. This includes those effects relating to the maximum total gross floor area.
Also, there are no persons affected by the proposal such that any written approvals are necessary. Furthermore, there are no special circumstances that would warrant the application being publicly notified.
He didnt accept the AMP trusts proposition that interpretation of the exemption of gross floor area is novel and constitutes special circumstances which justify notification of the application as a reason the proposal would need to be publicly notified.
Among details of the development proposal, the basement levels will have:
235 parking spaces, 214 of them in an automated parking system in the lower basement levels and 21(existing spaces) in the adjacent Ballantyne House basement
basement service area with purpose-built elevator platform & turntable for truck access & loading
bicycle facilities in basement level 1, including secure bike racks, separate mens & womens showers, changing & lockers, and
all parking & loading facilities accessed via Gore St Lane.
Tower details include:
a total floor area of 35,305m2
a ground-level public plaza area & main entry lobby accessed from Customs St East & Gore St lane, and also accessible from the Rose & Crown Tavern
ground-floor retail & café with public seating area within plaza
mezzanine secondary entrance plaza with public seating area & office support activities
23 levels of commercial office space
a series of internal voids with interconnecting stairs between levels
2 proposed landscaped wintergardens on levels 10 & 20
outdoor terraces on levels 2, 3, 4, 5 & 24
2 plant levels capping the building within a glowing lantern rooftop structure, and
a 12.5m-high flagpole/lightning rod & communications antenna.
The existing 12-level Ballantyne House will have:
a total floor area of 4453m2
ground-floor retail area to be refurbished as part of streetscape improvements
removal of existing loading bay on Gore St Lane and replacement with additional retail space
proposed pre-school facility on first floor with landscaped outdoor play area.