Planners Report.pdf - Hutt City Council
Planners Report.pdf - Hutt City Council
Planners Report.pdf - Hutt City Council
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to illustrate shading during the solstice and equinox at various times of the day and a<br />
control case for a 10m high building (diagrams attached as Appendix 6). These<br />
shading diagrams demonstrate that additional shading does occur on 39 Tory Street<br />
(when extrapolating the angles) around the winter solstice but the shading that is<br />
associated with the height protrusion over 10m is for a short period of time. I consider<br />
this limited period of shading as a result of the 11m height protrusion to be<br />
acceptable.<br />
7.95 In considering the shading and daylight effects on 41 Tory Street, the shading<br />
diagrams provided indicate there is a degree of shading caused by the proposed<br />
building but I consider this degree of shading to be acceptable. Overall it is considered<br />
that while there will be additional shading on 41 Tory Street associated with the<br />
additional height; I consider this to be acceptable.<br />
7.96 Further, I also note that the building complies with the recession plane requirement on<br />
the southern boundary and the adjoining yard requirements. While the proposal is not<br />
a permitted development in terms of building height, on balance I consider the building<br />
to be consistent with a development anticipated by the District Plan.<br />
7.97 Given the above comments, I consider the potential shading and daylight effects<br />
associated with the proposal on the affected parties to be acceptable.<br />
Noise effects<br />
7.98 It is considered the type of noise that will be generated by the proposal will be typical<br />
domestic noise associated with residential activities and the noise associated with the<br />
new retail/commercial occupants in the ground floor shops. I do not consider that<br />
these activities are high noise generators.<br />
7.99 Whilst mechanical ventilation will be installed, the applicant has advised it will be<br />
domestic in scale and will comply with the District Plan noise limits when measured at<br />
the boundaries of the site.<br />
7.100 The submissions from 39 and 41 Tory Street both raised noise as a concern.<br />
Specifically, Mr Allen and Ms Doig consider that nuisance noise will be generated by<br />
use of the roof garden and that it cannot be mitigated due to the height its produced.<br />
7.101 To address this matter I referred the submission to an Environmental Health Officer<br />
(EHO) for comment. <strong>Council</strong>’s EHO considered that regardless of the location of the<br />
garden whether it is on the ground or the roof, it would still be treated in the same<br />
manner under the Resource Management Act. While the applicant has proposed a<br />
condition of consent requiring compliance with section 16 of the Resource