Victoria 50 Limited Resource Consent for a Variable Image Advertising Display Resource Consent Application to the Christchurch City Council April 2016 Planz Consultants Quality Assurance Statement: Application Prepared By: Planz Consultants Ltd, 124 Peterborough Street, PO Box 1845, Christchurch 8140, www.planzconsultants.co.nz Jonathan Clease, Associate E: [email protected] Reviewed By: Tim Joll, Consultant Planner E: [email protected] DDI: (03) 372 2282 Project Number: 14502 Document Status: Final Date: April 2016 The information contained in this document produced by Planz Consultants Ltd is solely for the use of the Client for the purpose for which it has been prepared and Planz Consultants Ltd undertakes no duty to or accepts any responsibility to any third party who may rely upon this document. All rights reserved. No section or element of this document may be removed from this document, reproduced, electronically stored or transmitted in any form without the written permission of Planz Consultants Ltd. T: 03 377 9829 E: [email protected] W: planzconsultants.co.nz A: 124 Peterborough St PO Box 1845 Christchurch 8140 New Zealand TABLE OF CONTENTS 1 INTRODUCTION ---------------------------------------------------------------------------------------------------------------------- 1 1.1 1.2 1.3 2 BACKGROUND -------------------------------------------------------------------------------------------------------------------- 1 PURPOSE OF THIS REPORT ------------------------------------------------------------------------------------------------------- 1 STRUCTURE OF THIS REPORT ----------------------------------------------------------------------------------------------------- 1 SITE DESCRIPTION ------------------------------------------------------------------------------------------------------------------- 2 2.1 2.2 APPLICATION SITE ---------------------------------------------------------------------------------------------------------------- 2 SURROUNDING AREA ------------------------------------------------------------------------------------------------------------- 2 3 PROPOSAL DESCRIPTION ---------------------------------------------------------------------------------------------------------- 3 4 DISTRICT PLANS ---------------------------------------------------------------------------------------------------------------------- 4 4.1 4.2 5 STATUTORY FRAMEWORK -------------------------------------------------------------------------------------------------------- 5 5.1 6 OVERVIEW ------------------------------------------------------------------------------------------------------------------------ 7 VISUAL EFFECTS ------------------------------------------------------------------------------------------------------------------- 7 HERITAGE EFFECTS ---------------------------------------------------------------------------------------------------------------- 9 TRAFFIC SAFETY ------------------------------------------------------------------------------------------------------------------10 CONCLUSION ---------------------------------------------------------------------------------------------------------------------10 OBJECTIVES AND POLICIES -------------------------------------------------------------------------------------------------------10 7.1 7.2 8 PART 2 OF THE RMA------------------------------------------------------------------------------------------------------------- 5 ASSESSMENT OF EFFECTS ON THE ENVIRONMENT------------------------------------------------------------------------ 7 6.1 6.2 6.3 6.4 6.5 7 OPERATIVE CHRISTCHURCH CITY PLAN------------------------------------------------------------------------------------------ 4 PROPOSED CHRISTCHURCH REPLACEMENT DISTRICT PLAN -------------------------------------------------------------------- 5 OPERATIVE CHRISTCHURCH CITY PLAN-----------------------------------------------------------------------------------------10 PROPOSED CHRISTCHURCH REPLACEMENT DISTRICT PLAN -------------------------------------------------------------------11 OTHER MATTERS -------------------------------------------------------------------------------------------------------------------12 8.1 8.2 PRECEDENT ----------------------------------------------------------------------------------------------------------------------12 RECOVERY STRATEGY FOR GREATER CHRISTCHURCH--------------------------------------------------------------------------12 9 CONSULTATION/NOTIFICATION -----------------------------------------------------------------------------------------------12 10 CONDITIONS OF CONSENT -------------------------------------------------------------------------------------------------------13 11 CONCLUSION ------------------------------------------------------------------------------------------------------------------------13 APPENDICES: Appendix 1: Locality Plan Appendix 2: Certificate of Title Appendix 3: Photographs of site Appendix 4: Resource Consent Decision RMA92026891 APPLICATION FOR RESOURCE CONSENT SECTION 88 OF THE RESOURCE MANAGEMENT ACT 1991 To: the Christchurch City Council 1. Victoria 50 Limited applies for the following resource consent: A land use consent to allow for the establishment of a 40m2 digital sign attached to the existing building at 50 Victoria Street. The proposal is more fully described in the attached AEE and plans which form part of this application. 2. The owners and operators of the site to which the application relates are: Victoria 50 Limited 3. The location of the proposed activity is as follows: Address: 50 Victoria Street, Christchurch. Legal Description: Lot 1 DP 462635 4. In accordance with the Fourth Schedule of the Resource Management Act 1991, an assessment of the environment effects in the detail that corresponds with the scale and significance of the effects that the proposed activity may have on the environment is attached. 5. No other information is required to be included in this application by the district/regional plan, the Resource Management Act 1991, or any regulations made under that Act. The required deposit of $1,500 (incl GST) will be paid on receipt of Council’s invoice. _______________________ Jonathan Clease Planz Consultants Limited On behalf of Victoria 50 Limited Address for Service: Address for Billing: Planz Consultants Limited PO Box 1845 CHRISTCHURCH 8140 Attention: Jonathan Clease Victoria 50 Limited c/o Jo Appleyard Chapman Tripp PO Box 2510 CHRISTCHURCH 8140 DDI: Email: 964 4630 [email protected] Victoria 50 Limited Variable Image Display Resource Consent Application April 2016 -i- Resource Management Act 1991 Fourth Schedule Assessment of Effects on the Environment 1 Introduction Victoria 50 Limited (the applicant) seek resource consent to establish a digital billboard at 50 Victoria Street. The proposed billboard will be attached to the north-western wall of the existing building on the site and will display variable digital images. 1.1 Background In 2014 the applicant applied for resource consent RMA92026891 (decision attached as Appendix 4) to establish site related signage on the building at 50 Victoria Street. Upon being granted consent, the applicant mounted a ‘Guinness’ outdoor advertising sign on the northwestern wall of the building. It is noted that although the resource consent allowed for the sign to be 40m2 in area and at a maximum height of 14.5m, the established advertising is at a lower height and is lesser in area than what has been permitted. The applicant now aims to replace the existing outdoor advertising sign on the north-western wall with a variable image display that will be identical in terms of height and area to what has previously been consented in RMA92026891. 1.2 Purpose of this Report The purpose of this report is to provide the Council with the information required in order to obtain resource consent for the proposed variable image display on the application site. 1.3 Structure of this Report This report is divided into eleven sections as follows: Section 1: provides an introduction and background to the application and identifies the purpose and structure of the report. Section 2: provides a brief description of the site and surrounding environment. Section 3: provides a detailed description of the proposal. Section 4: outlines the relevant City Plan and proposed Christchurch Replacement District Plan provisions for the application and assesses compliance with the Plan rules. Section 5: identifies the relevant statutory framework in such detail as is commensurate with the proposal. Section 6: evaluates the proposal in terms of its actual and potential effects on the environment and outlines the mitigation measures to be adopted. Section 7: identifies the relevant City Plan and proposed Christchurch Replacement District Plan objectives and policies and evaluates the proposal. Victoria 50 Limited Variable Image Display Assessment of Environmental Effects April 2016 -1- Section 8: evaluates potential for the proposal to set a precedent and identifies and assesses any other relevant statutory and non-statutory documents. Section 9: outlines the consultation undertaken with neighbours and the basis for nonnotification of the application. Section 10: outlines suggested conditions of consent. Section 11: provides a summary and conclusion. The appendices at the end of the report contain all the plans and other relevant information to support the proposal. 2 Site Description 2.1 Application Site The application site is located on the north-eastern side of the Victoria Street – Peterborough Street intersection. The site is a triangular shape with the apex pointing north. The eastern boundary adjoins Victoria Street, whilst the southern boundary, which is approximately 5 metres in length, fronts the corner of the intersection between Victoria and Peterborough Streets. Prior to the 2011 Canterbury Earthquakes, the site contained a four-storey commercial building. The building was demolished after sustaining damage in the earthquakes, and was replaced by a four-storey development of similar design and build. The existing building extends to the boundaries of the site and is triangular in shape. The building currently contains a food and beverage outlet known as ‘The Bog’ at ground floor level. The remaining three floors are leased as office space. Approximately 50m2 of site-related signage exists on the north-western, south-western and southern walls. The eastern wall is covered by a large mural and does not contain any signage. A locality plan showing the location of the site is attached as Appendix 1. A Certificate of Title for the site is attached as Appendix 2. Photos of the site and the surrounding area are attached as Appendix 3. 2.2 Surrounding Area The surrounding area is predominately occupied by multi-storey commercial buildings, as is typical of the Central City Business Zone in which the site lies. Commercial buildings align either side of Victoria Street, with a number of buildings containing advertising signage. The site is adjoined by Victoria and Peterborough Streets on its western and southern boundaries respectively. Neighbouring the site to the east is a large outdoor carpark associated with the Christchurch Casino, which exists opposite the application site on the south-eastern corner of the Victoria Street – Peterborough Street intersection. An empty lot adjoins the site to the north-west for which development is anticipated in the near future. Further to the north of the site is a Central City Residential Zone containing a number of multistorey apartment style developments fronting both sides of Salisbury Street. The two small corner sites on the north-western and south-eastern corners of the intersection between Peterborough and Victoria Streets are both zoned Central City Community Park and are maintained as greenspace. The intersection of Montreal, Salisbury and Victoria Streets is located approximately 150m to the north-west of the site. Victoria 50 Limited Variable Image Display Assessment of Environmental Effects April 2016 -2- There are three heritage buildings in close proximity to the site; the ‘Victoria Mansions’ at 91 Victoria Street, approximately 100m to the north-west of the application site; the Jubilee Clock Tower which adjoins the northern boundary of the Victoria Mansions site; and ‘Ironside House’ at 32 Salisbury Street. 3 Proposal Description The applicant is seeking consent to allow for the attachment of a digital billboard to the northwestern façade of the existing building at 50 Victoria Street. The proposed digital billboard will be attached at a maximum height of 14.5m and will measure 40m2 in area. The approximate proposed location of the sign is shown in Figure 1, below. The bulk and location specifications for the proposed sign will match those previously permitted for the site as a result of resource consent RMA92026891 which was for non-digital outdoor advertising. The previously consented sign on the north-western wall will be removed should this application for a digital billboard be granted. The application (and the resultant removal of the existing sign on the north-western wall) will result in a total of 52.5m2 of outdoor advertising on the site, which is the same as the total consented amount. Approximate location of proposed billboard Figure 1: A photo of the application site showing the approximate location of the proposed billboard. In terms of the operation and display of the digital billboard, it is proposed that a variety of both site and non-site related images will be displayed. The sign will show static images only and will not contain any sound emitting equipment. Each image will be replaced by another image through a cross-dissolve of between 0.3 and 1 second. Lighting controls will be installed on the sign to ensure display brightness is automatically adjusted to suit ambient light levels. Victoria 50 Limited Variable Image Display Assessment of Environmental Effects April 2016 -3- It is noted that although this application does not propose any specific time period for the existence of the digital billboard, it is anticipated that the neighbouring vacant lot at 56 Victoria Street will soon be developed at which point the proposed sign will be obscured and will therefore become obsolete and will be removed. The plans and elevations of the proposed digital billboard are identical to those shown in the decision on RMA92026891, attached as Appendix 4. 4 District Plans 4.1 Operative Christchurch City Plan All rules applicable to this application are operative in the Christchurch City Plan (“City Plan”). The application site is zoned Central City Business. The following table assesses the proposed activity against the relevant provisions of the operative City Plan: Rules Assessment Rule Status Part 10 – Heritage and Amenities 3.4 Outdoor Advertisements – Development Standards Rule 3.4.1 Area and Number (b) Central City Business Zone: The maximum total area of outdoor advertisements on any site shall be 10% of the site frontage area, provided that the maximum area of any single outdoor advertisement shall be 3m2. Rule 3.4.3 Height (c) The maximum height of any outdoor advertisement attached to or displayed on a building shall be 6m, or 500mm less than the facade height of the building, whichever is the lesser except for building identification outdoor advertisements. Rule 3.4.4 Illumination Any outdoor advertisement shall not be internally or externally illuminated by intermittent or flashing light sources. Rule 3.4.10 Traffic Safety (a) Any outdoor advertisement shall not be located so as to be likely to obscure or to confuse the interpretation of any traffic signs or controls. Rule 3.4.11 Landscaping No landscaping required by the Plan shall be removed, other than by necessary trimming and pruning, to afford greater visibility of any outdoor advertising. Victoria 50 Limited Variable Image Display Assessment of Environmental Effects The proposed billboard will be 40m2 in area and thus exceeds both the total allowable signage for the site (14.5m2) and the maximum area for an individual sign. Restricted Discretionary The outdoor advertisement will have a maximum height of 14.5m. Restricted Discretionary The proposed advertisements will not be illuminated by intermittent or flashing lights. Complies The existing advertisements are not likely to obscure or confuse the interpretation of any traffic signs or controls. Complies No landscaping will be removed as a result of this proposal. Complies April 2016 -4- Rules Assessment 3.5 Outdoor Advertisements – Critical Standards 3.5.1 Relationship to the Site (a) Central City Business Zone: Any outdoor advertisement shall be The outdoor advertising billboard will displayed on the building or site to which it display a combination of site and non-site relates and shall only contain the name of related advertising. the building or site, the names of the owners, occupiers or tenants, and details of the goods and services available from the building or site. 3.5.3 Moving, flashing or retro-reflective displays No outdoor advertisement shall involve any flashing or apparent movement of any of its parts or messages. No outdoor advertisement shall be finished in any retro-reflective material. The proposed advertisements will not involve any flashing, moving or retroreflective parts. Rule Status Non-complying Complies Based on the assessment of the proposed development against the applicable rules in the City Plan, the activity status of this application is Non-Complying. 4.2 Proposed Christchurch Replacement District Plan It is noted that while Stages 1, 2 and 3 of the Proposed Christchurch Replacement District Plan (pCRDP) have been notified, no decisions have been released with respect to section 13.14.7 Central City Signs. As such, there are no rules of the pCRDP relevant to the proposed billboard that currently have legal effect pursuant to s86B of the Resource Management Act (RMA). However, it is noted that under the proposed provisions for Central City Signs, Rule 13.14.7.2.2.4 (D4) states that billboards in all Central City Zones shall be considered a Discretionary activity. Nevertheless, little weight can be given to this provision until a decision is released on Chapter 13 of the pCRDP. The Strategic Directions chapter of the pCRDP is operative. This chapter contains a series of objectives that are discussed in more detail in Section 7, below. 5 Statutory Framework 5.1 Part 2 of the RMA Part 2 of the RMA sets out the purpose and principles of the Act, being “to promote the sustainable management of natural and physical resources” which is defined to mean: “managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic and cultural wellbeing and for their health and safety while – (a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and (b) Safeguarding the life-supporting capacity of air, water, soil and ecosystems; and Victoria 50 Limited Variable Image Display Assessment of Environmental Effects April 2016 -5- (c) Avoiding, remedying or mitigating any adverse effects of activities on the environment.” Section 6 sets out matters of national importance, being the natural character of the coastal environment, protection of outstanding natural features, protection of areas of significant indigenous vegetation and habitats of indigenous fauna, maintenance and enhancement of public access along coastal marine areas, lakes and rivers, and the relationship of Maori and their culture and traditions. These matters will not be placed at risk by the proposal as the application site does not contain any of the values within the scope of subsections 6(a) to (g) of the RMA. Section 7 requires particular regard to be had to ‘other matters.’ Of relevance to this application are: (b) the efficient use and development of natural and physical resources; (c) the maintenance and enhancement of amenity values; and (f) maintenance and enhancement of the quality of the environment; When considered against the consented baseline which provides for a 40m2 static billboard to be erected in the same position as the proposed electronic billboard it is considered that the proposal will not result in any adverse effects on the amenity values and quality of the environment of the application site. Section 8 requires the principles of the Treaty of Waitangi to be taken into account. There are also no known cultural values that need to be taken into account in respect of this proposal. The assessment set out in this report (below) has shown that the potential for adverse effects on the environment associated with the proposed activity will be less than minor, and relate primarily to consideration of visual amenity. Overall, it is considered that the proposal is consistent with the requirements of Part 2 of the RMA. 5.2 Section 104 RMA Section 104 of the RMA provides the statutory requirements for the assessment of the application and sets out those matters that the Council must have regard to when considering the application. Subject to Part 2 of the RMA, it is considered that the relevant matters for the assessment of this application include: Any actual or potential effects on the environment of allowing the activity; The relevant objectives, policies, rules and other provisions of the District Plan; and Any other matter that the Council considers relevant and reasonably necessary to determine the application. Section 104 (2) allows the Council when forming an opinion in relation to any actual or potential effects on the environment of allowing the activity to disregard an adverse effects of the activity on the environment if the District Plan permits an activity with those effects. Section 104D sets out particular restrictions for non-complying activities, a consent authority may grant a resource consent for a non-complying activity only if it is satisfied that either— (a) the adverse effects of the activity on the environment (other than any effect to which section 104(3)(a)(ii) applies) will be minor; or Victoria 50 Limited Variable Image Display Assessment of Environmental Effects April 2016 -6- (b) the application is for an activity that will not be contrary to the objectives and policies of— (i) the relevant plan, if there is a plan but no proposed plan in respect of the activity; or (ii) the relevant proposed plan, if there is a proposed plan but no relevant plan in respect of the activity; or (iii) both the relevant plan and the relevant proposed plan, if there is both a plan and a proposed plan in respect of the activity Under Section 104B of the RMA the Council may grant or refuse an application for a noncomplying activity, and if it grants the application, may impose appropriate conditions in accordance with section 108. 5.3 Section 104D Threshold Test As the application has been assessed as a non-complying activity the provisions of s.104(D) of the RMA are relevant. In this instance the application is considered below to satisfy both limbs of the Threshold Test, being that the adverse effects on the environment will be less than minor and that it is not contrary to the objectives and policies of the Operative City Plan and the pRDP. As such, the application is eligible for approval under s.104 and s.104B 6 Assessment of Effects on the Environment 6.1 Overview This assessment has been prepared in accordance with the requirements of Section 88 and the Fourth Schedule of the Resource Management Act 1991. The relevant potential effects of the proposed outdoor advertisements are visual effects, heritage effects and traffic safety. These matters are considered in the assessment below: 6.2 Visual effects The City Plan’s standards pertaining to the size and number of outdoor advertisements reflect the relative sensitivity of the receiving environment and its ability to absorb any adverse visual impacts. The purpose of the ‘area and number’, ‘height’ and ‘site relationship’ rules for outdoor advertisements are generally related to visual impact and amenity, and they have the effect of controlling the number of signs and their design and position within a site, throughout different parts of the city. It is recognised that the existing environment already provides for a 40m2 sign in this location, which is authorised to display site related advertising. The proposed change to a digital display will not increase the scale of advertisement. The potential effects of the proposal when considered against the consented baseline therefore relate to the effects on visual amenity and traffic safety arising from the change in the method of display and the authorisation to display non-site related advertisement. When considering visual effects, it is important to review the context in which the proposed sign will be viewed. Despite the above non-compliances, it is considered that the proposed digital billboard will not look out of place in the receiving environment given that it can largely be absorbed as a result of its location, its immediate backdrop and the activities which typify the surrounding area. Victoria 50 Limited Variable Image Display Assessment of Environmental Effects April 2016 -7- It is considered that the proposed location for the sign will ensure that its view-shaft is minimalised. The targeted viewing audience for the proposed billboard is pedestrians and vehicles heading south-east on Victoria Street between Salisbury Street and Peterborough Street. The predominant viewing audience is therefore transitory and where views are available from stationary audiences, such as from nearby footpaths and car parks the billboards will be seen as part of a wider busy urban outlook that includes various other signage. Furthermore, for the most part, the display will not be visible from ground level on any of the surrounding streets, other than Victoria Street. It is anticipated that the billboard will be visible at ground level for approximately 160m to the north-west along Victoria Street between Salisbury and Peterborough Streets. Beyond this point, the display is obscured as a result of the multi-storey development at 76 Victoria Street and the angle at which the street veers. It is noted that the proposed billboard will be partially visible between buildings and vegetation when heading east on Salisbury Street for approximately 150m from the intersection with Victoria Street. However, it is considered that the billboard will be largely obscured and will not be overtly visible from the street scene, which minimises any potential effects associated with the display of digital, non-site related advertisements. Two multi-unit residential buildings exist approximately 50m to the north of the application site, within the Central City Residential Zone aligning Salisbury Street. In considering the consented baseline, the separating distances and the commercial character of the site, it is anticipated that the proposed billboard will have a limited effect on the residential area. Furthermore, the location of the proposed display ensures that it is angled away from the residential units and is not obtrusive. Additionally, the sign’s automated lighting controls and the fact that the billboard will only display static images, will ensure any effects of the display in terms of light-spill will be less than minor for the occupants of the units. The north-western façade of the existing building on the site provides the immediate backdrop for the proposed sign. The wall is painted black and does not contain any architectural features or additional signage (the existing sign will be removed should this proposal be granted consent). It is anticipated that the proposed sign will assist in breaking up the blank façade and the use of multiple display images will add visual interest to the otherwise plain wall. As a result, the billboard will not look out of place attached to the façade and will have a positive impact on the visual amenity of the building. It is noted that the proposed display will be located approximately 1m below the roofline, ensuring the sign is not visible from any point to the south of the existing building, which is consistent with the existing consent. The outcome of the abovementioned factors in relation to the proposed digital sign and its immediate backdrop, is that any potential visual effects as a result of the sign’s height are mitigated by the way in which the billboard remains below the roofline of the building to which it will be attached. Furthermore, the proposed sign is not considered to be visually out of character with the surrounding environment when assessed against the context of general activity within the area. Victoria Street has undergone a significant level of rebuild and recovery in recent years following the Canterbury Earthquakes in 2010/2011. The area is now largely rebuilt and consists predominantly of multi-storey commercial buildings aligning either side of Victoria Street, a number of which contain food and beverage outlets at ground floor level. Signage is common on Victoria Street and is anticipated by the City Plan within the Central City Business Zone. Although it remains partially in a state of recovery, the street has become a hive of activity in the past year as businesses begin to operate out of the newly established commercial buildings. Traffic movements, street lights and traffic signals, as well as the adjacent Casino, associated carpark, and a number of nearby late-night bars and restaurants all contribute to the creation of a visually active environment. In this regard, it is considered that the billboard will not be Victoria 50 Limited Variable Image Display Assessment of Environmental Effects April 2016 -8- contextually out of place with its surrounding environment. The illumination of the digital display will be largely absorbed as a result of the existing light emitters (traffic lights, street lights and vehicle lights) and will appear to blend into an already illuminated setting. Any visual effects as a result of the transitioning images being displayed will be less than minor given the extensive level of movement already existing in the receiving environment which will ensure the images do not dominate the visual amenity of the area. As a result of the above discussion, it is considered that the visual effects of the proposal will be less than minor. The location of the proposed sign as well as its immediate backdrop and the nature of the receiving environment will allow it to be readily absorbed with little impact on the existing visual amenity of the area. 6.3 Heritage effects The proposed billboard will be visible or partially visible from three heritage buildings: the ‘Victoria Mansions’ (Group 3 in the City Plan), the Jubilee Clock Tower (Group 2) and ‘Ironside House’ (Group 4). It is considered that the separation distance between the heritage buildings and the proposed sign, as well as the points from which the buildings will be most predominantly viewed, will ensure that any adverse effects on heritage values are minimised. The Victoria Mansions is the closest heritage building to the application site, existing approximately 100m to the north-west. The Jubilee Clock Tower adjoins the northern boundary of the Victoria Mansions, located on the corner of Montreal and Victoria Streets. Opposite these sites, on the corner of Montreal and Salisbury Streets, is Ironside House. It is not anticipated that the digital display will be obtrusively visible from any of the aforementioned heritage sites. The sign will be at such a distance from the buildings that for the most part, they will not share the same view shaft. Although, it is noted that in viewing the Jubilee Clock Tower from the corner of Montreal and Salisbury Streets, the proposed sign will be in the same view shaft (as can be seen in photo 3 of Appendix 3). However, the lighting controls associated with the sign and the distance between the Tower and the application site (approximately 120m) when combined with the consented baseline, will ensure the billboard does not detract from the amenity value of the heritage structure. The Victoria Mansions are located on the opposite side of Victoria Street to the application site, and face the street scene in a northerly direction. Therefore, the building is most commonly viewed from the street by looking south, and not south-east which would incorporate the proposed sign into the view shaft. Additionally, the building is five-storeys and at an adequate height to screen the billboard from view when viewing the building from Montreal Street. Although the proposed sign will be partially visible from the Ironside House Montreal Street frontage, it is not anticipated to be the main visual attraction. For the most part the Jubilee Clock Tower will obscure the view of the proposed sign from the Montreal Street frontage and will significantly reduce the visual impact of the sign. Ironside House and the proposed billboard will not be viewed collectively from any point. Given the separation distance between the three heritage buildings discussed and the location of the proposed sign, it is considered that the sign will not be obtrusively visible or impact on the visual amenity of the heritage sites beyond that anticipated by the consented baseline. Additionally, the points from which the heritage sites are most commonly viewed ensure that generally the sign and the heritage buildings will not be viewed collectively. For these reasons, the potentially adverse effects of the proposed sign on heritage structures are considered to be less than minor. Victoria 50 Limited Variable Image Display Assessment of Environmental Effects April 2016 -9- 6.4 Traffic safety Victoria Street is classified as a ‘local’ road in the pCRDP and currently has a 30kmph speed limit south of the Victoria – Montreal – Salisbury Street intersection. The low speed limit, in combination with the elevation of the proposed sign will ensure that there will not be any adverse effects on traffic safety for vehicles heading south east on Victoria Street as a result of the proposal. The proposed billboard will be located approximately 150m to the south-east of the intersection of Montreal, Salisbury and Victoria Streets. As a result of existing buildings and vegetation aligning Victoria Street, the visibility of the billboard from the intersection will be largely obscured from traffic heading south-east towards the proposed sign. The display will be partially visible from the intersection by traffic heading east on Salisbury Street. However, the separation distance between the billboard and the intersection will ensure that there are no traffic safety effects. The billboard will not be visible to traffic from the nearby intersection of Peterborough and Victoria Streets. Furthermore, it is noted that the findings of other TAR prepared for similar types of proposals provide some generic guidance as to the potential traffic safety effects arising from digital signage. In particular, it is noted that previous traffic advice1 states that while intuitively it might seem that a variable image digital billboard has the potential to be more distracting than a static billboard, there has been recent published research that indicates that billboard advertising, including variable image digital billboards, do not create distractions of the nature necessary to generate a traffic hazard. In conclusion, the effects of the billboard on traffic safety will be negligible given the low speed limit associated with Victoria Street, and the separation distance between the proposed billboard and the intersection of Montreal, Salisbury and Victoria Streets. 6.5 Conclusion On the basis of the preceding assessment, it is considered that the proposal will generate less than minor adverse effects on the environment. It is considered that the proposed billboard will not be visually obtrusive and will be absorbed into the receiving environment without creating adverse visual amenity or traffic safety effects. 7 Objectives and Policies 7.1 Operative Christchurch City Plan The objectives and policies of the Operative City Plan that are considered to be the most relevance to the proposal are as follows: Objective 4.4 aims to ensure that outdoor advertisements do not detract from amenity values, have a detrimental impact upon natural and built heritage values or cause danger to public safety. Associated Policy 4.4.1 sets out a range of criteria which reflect the assessment matters contained in Volume 3, Part 10, Clause 3.6.2. Policy 4.4.2 addresses the potential adverse effects of outdoor advertisements to ensure that the billboard does not compromise traffic, pedestrian or cycle safety. Further, Policy 4.4.3 seeks to ensure that billboards do not detract 1 Prepared by TDG in support of a s127 application recently lodged for the conversion of an existing billboard adjacent to a roundabout at Christchurch International Airport Victoria 50 Limited Variable Image Display Assessment of Environmental Effects April 2016 - 10 - from heritage values. The significance of the effect of billboards on amenity values is stated as being dependent on the nature of the outdoor advertisement itself and the character of the environment into which it is to be located. In this case, the receiving environment contains a consented baseline which provides for a 40m2 billboard in this location, therefore any additional effects beyond the consented baseline are related to the display of non-site related advertisements and the electronic displays. The surrounding area is characterised by commercial and retail activities, and consequently advertising is already a component of the surrounding environment. Further, the proposed billboard’s location will result in a confined view shaft, limiting its effects on the surrounding area. The backdrop for the sign will be a black painted wall and it is considered that this will assist in ensuring the billboard will blend in to its receiving environment. With regard to effects on natural and built heritage, it is considered that any potential adverse effects on the heritage listed Victoria Mansions, Jubilee Clock Tower and Ironside House, beyond the consented baseline are mitigated by the separation distances from the billboard, and its location. Viewing the signage in the context of modern buildings and existing signage which are both common within the area, will allow the billboard to be more readily absorbed into the receiving environment with limited effect on the visual amenity of the nearby heritage buildings. Furthermore, the location of the proposed billboard will mean that the heritage buildings and the sign will only be collectively viewed from the Victoria Street – Montreal Street – Salisbury Street intersection, which exists approximately 150m to the north-west. These views are partially obstructed by multi-storey buildings aligning Victoria Street and the angle at which the views can be obtained. Overall, taking into account the above factors, it is considered that the proposal is consistent with the relevant objectives and policies of the Plan. 7.2 Proposed Christchurch Replacement District Plan Stage 1 of the Proposed Christchurch Replacement District Plan was notified on 27 August 2014, and while the rules do not yet have effect, regard must be had to the relevant objectives and policies, albeit with very limited weight placed on these provisions apart from the Strategic Directions Chapter that is now operative. In particular it is noted that the objectives and policies relating to advertising forms part of Phase 3 of the District Plan Review that were publicly notified on 25 July 2015. The objectives and policies relating to advertising therefore have very limited legal effect. Objective 3.3.5 and 3.3.6 seek to provide for a range of business opportunities and that the recovery and stimulation of commercial activities occurs in manner that expedites recovery and enables the rebuilding of existing business areas. It is considered that the proposed billboard provides for economic activity. Objective 3.3.7 seeks to provide for high quality urban environments and amenity value outcomes. It is considered that the context and character of the surrounding environments will absorb the proposed billboard without adverse effects on the amenity and design expectations anticipated in the area. Objective 13.14.7.1.1 aims to ensure signs contribute to the Central City’s vitality and recovery by supporting businesses and communities, and do not compromise public safety, visual amenity and the character of the surrounding area. Associated Policy 13.14.7.1.1.1 focuses on maintaining appropriate built form and location of signs, whilst Policy 13.14.7.1.1.2 seeks to ensure signage does not detract from neighbouring buildings. Additionally, Policy 13.14.7.1.1.3 Victoria 50 Limited Variable Image Display Assessment of Environmental Effects April 2016 - 11 - states that signs should not cause obstruction or distraction for motorists or pedestrians and other road users. It is considered that the proposed sign will support businesses and communities by providing appropriate advertising in combination with community notices. Further, the sign will not compromise public safety or detract from surrounding buildings. For these reasons, the proposed sign is considered to be generally in keeping with the relevant objectives and policies in the pCRDP. 8 Other Matters 8.1 Precedent Given the non-complying status of this application, it is appropriate to have regard to the issue of precedent, as well as the effect of granting consent upon the integrity of the Plan and on public confidence in its consistent administration. It is considered that the integrity of the Plan is not challenged by this proposal and that there is unlikely to be any significant precedent created for the following reasons: Any adverse effects from the proposed billboard are considered to be less than minor and are restricted to a localised area on Victoria Street. It has been concluded that the proposal is not contrary to the objectives and policies of the Plan. Digital billboards are, despite their non-complying status in the City Plan, a common feature of Central City and beyond, and they are both nationally and internationally a virtually universal and accepted advertising medium. The issue is properly one of site suitability which is a matter of fact and degree to be determined in each case. In this case, the site is not considered to be visually sensitive. Overall, it is considered that there is unlikely to be any significant precedent effect created that will undermine the environmental results anticipated for the Central City Business Zone. 8.2 Recovery Strategy for Greater Christchurch The Recovery Strategy prepared by CERA under the Canterbury Earthquake Recovery Act became operative on 1 June 2012. This is a statutory document that must be “read together with, and forms part of” other relevant legislation within the greater Christchurch area. The City and District Plans (and other statutory documents) must not be interpreted or applies in a way that is inconsistent with the Recovery Strategy. Section 04 of the Recovery Strategy identifies the vision for the recovery of Greater Christchurch and supporting goals relating to the six components of recovery: leadership and integration, economic recovery, social recovery, cultural recovery, built environment recovery and natural environment recovery. It is considered that this application is consistent with the goals of the Recovery Strategy which seek to facilitate the revitalisation of Christchurch as a prosperous region for business, work and increased investment in new activities. Granting consent to this application is not considered to be inconsistent with any of the priorities for recovery. 9 Consultation/Notification Under the provisions of the amended RMA there is now no presumption in favour of notification (section 95A). The requirement for the Council to be “satisfied” that the effects “will be minor” Victoria 50 Limited Variable Image Display Assessment of Environmental Effects April 2016 - 12 - before proceeding on a non-notified basis has been removed. Instead, public notification is only required if the Council “decides” that the activity: ... will have or is likely to have adverse effects on the environment that are more than minor. The nature of the proposal and resulting non-compliance with the Christchurch City Plan are such that it is considered that the effects of the proposal will be less than minor and as such no effected parties have been identified. 10 Conditions of Consent Should the application for a resource consent to allow for a digital sign at 50 Victoria Street be granted, the applicant offers the following conditions: 1. Only still images shall be displayed on the sign. There shall be no transitions between still images apart from either: a. An immediate change; b. A cross-dissolve between images of between 0.3 and 1 second. 2. The sign shall not contain any of the following on the display screen: a. Live broadcast or pre-recorded video; b. Movement or animation of the images; c. Flashing images or any retro-reflective material; d. A split sign (two adverts on the sign at the same time). 3. There shall be no sound associated with the sign and no sound equipment is to be installed as part of the screen. 4. Any content on the screen shall be consistent with the guidelines contained in the NZTA Traffic Control Devices Manual, Part 3, Advertising Signs. 5. The maximum digital sign luminance shall be 500 cd/m2 during hours of darkness and 5,000 cd/m2 during daylight hours. 6. Luminance of the sign shall be audited by an appropriately qualified lighting engineer/designer within 7 days of installation and operation of the sign to confirm maximum luminance levels in condition 5 are not being exceeded. Confirmation of this is to be forwarded to the Resource Consents Manager, Christchurch City Council within 48 hours of the audit being complete. 7. The digital LED screen shall incorporate lighting controls to adjust brightness in line with ambient light levels. 11 Conclusion The proposed development is a non-complying activity under the City Plan, due to the third party nature of the proposed outdoor advertising and the ‘site relationship’ rule that applies to the Central City Business Zone. On the basis that the proposal is compatible with the existing level of amenity in the surrounding locality of the site and that it will not interfere with traffic safety, any adverse environmental effects are considered to be less than minor. For these reasons it is also considered that the proposal is not inconsistent with the objectives and Victoria 50 Limited Variable Image Display Assessment of Environmental Effects April 2016 - 13 - policies of the City Plan. The proposal therefore meets both legs of the s.104D ‘threshold test’ and is appropriate under the wider assessment required under s.104. Victoria 50 Limited Variable Image Display Assessment of Environmental Effects April 2016 - 14 - APPENDIX 1 Locality Plan Victoria 50 Limited Variable Image Display Assessment of Environmental Effects April 2016 APPENDIX 2 Certificate of Title Victoria 50 Limited Variable Image Display Assessment of Environmental Effects April 2016 APPENDIX 3 Photographs of site Victoria 50 Limited Variable Image Display Assessment of Environmental Effects April 2016 Photo 1: The north-western wall of the existing building to which the proposed billboard will be attached Photo 2: The existing building at 50 Victoria Street, facing east. Victoria 50 Limited Variable Image Display Assessment of Environmental Effects April 2016 Application site Photo 3: View of Victoria Street, facing south-east, taken from the corner of Montreal and Salisbury Streets. The Jubilee Clock Tower and Victoria Mansions can be seen in the foreground Victoria 50 Limited Variable Image Display Assessment of Environmental Effects April 2016 APPENDIX 4 Resource Consent Decision RMA92026891 Victoria 50 Limited Variable Image Display Assessment of Environmental Effects April 2016 COMPUTER FREEHOLD REGISTER UNDER LAND TRANSFER ACT 1952 Guaranteed Search Copy issued under Section 172A of the Land Transfer Act 1952 Identifier 610784 Land Registration District Canterbury 13 May 2013 Date Issued Prior References CB28A/256 Fee Simple Estate 473 square metres more or less Area Legal Description Lot 1 Deposited Plan 462635 Proprietors Victoria 50 Limited Interests 348905 Document imposing Building Line Restriction 9502980.2 Mortgage to ANZ Bank New Zealand Limited - 30.8.2013 at 3:42 pm Transaction Id Client Reference Guaranteed Search Copy Dated 13/04/16 12:28 pm, Page 1 of 2 QuickMap Register Only 610784 Identifier Transaction Id Client Reference Guaranteed Search Copy Dated 13/04/16 12:28 pm, Page 2 of 2 QuickMap Register Only 13 May 2016 Ruth Markham-Short Christchurch City Council PO Box 73014 CHRISTCHURCH Sent by email to: [email protected] Dear Ruth, RE: RESOURCE CONSENT RMA92033100, 50 VICTORIA STREET Further to your request for further information dated 3rd May, I set out the Applicant’s response as follows: 1. To assess the visual impact of the sign, please provide: a) Plans/ elevations/ details of the proposed sign, including its exact location on the building and the thickness and framing of the LED sign itself; The proposed sign is to be located in the same position on the building as the consented sign as per the approved plans and elevations under RMA92026891. It is important to emphasise that in terms of plans and elevations no changes are proposed from the consented sign – the only change sought through this consent is to enable the content of the sign to not be site-related, and that the sign will have a LED display. The thickness of the sign is considered to be visually indiscernible in the context of a town centre environment (and likewise will be indiscernible on the approved 1:100 @ A2 scale plans) and is anticipated to be less than 30cm thicker than a standard non-LED billboard structure. If need be a condition could be placed on the consent limiting the thickness of the sign to less than 40cm in total. b) Photo simulations of the sign to show how it will appear on the building and to better understand where it will be visible from (acknowledging this is discussed in the text of the AEE but has not been shown in a visual representation, i.e. through photos depicting the billboard at various locations and ideally a map showing the distance of likely maximum visibility), particularly view shafts from public streets and spaces and the Central City Residential Zone boundaries; It is again emphasised that the proposed sign is no different in size or location than the already approved sign. The visibility and visual effects of the consented sign have already been fully assessed as part of the previous consent, including consideration of viewpoints. The key resource consent matter is not therefore where the sign can be seen from, but rather is simply the effects of the change in content from site-related to no longer being site-related. The approved plans clearly show the size and location of the sign on the blank side wall of the building. It is considered that photo simulations will not assist in understanding the proposal any more than the existing approved elevation plans or better inform an assessment that has already been able to be adequately T: 03 377 9829 E: [email protected] W: planzconsultants.co.nz A: 124 Peterborough St PO Box 1845 Christchurch 8140 New Zealand undertaken through the previous consent. I would be more than happy to accompany you on a site visit where the side of the building can be viewed from various points and the elevation plans read. c) An assessment of the relationship between the sign and the building, including the building’s architectural features and visual amenity; As set out in the application, the sign is to be located on a blank side wall. This side wall is devoid of any architectural features and does not contain any doors, windows or other openings. Architectural detailing is limited to subtle variation in pre-cast concrete lines and the ‘Kingspan’ cladding system along the upper third of the elevation. As such, the existing approved sign represents in its simplest form a rectangle placed in the upper quarter of a blank side wall than itself comprises a larger rectangle form. The approved sign does not extend above the parapet and instead is set both beneath the parapet line and in from the western (road) boundary so that the building wall ‘frames’ the sign. The immediately adjacent site has been cleared of previous buildings following extensive earthquake damage and is currently comprised of a formed gravel carpark. At some point in the future it is anticipated that this adjacent site will be redeveloped, with the potential for a new building to be erected immediately adjacent to the application site side wall, hence the absence of windows or other features on this side wall where there is a strong likelihood of future built-out occurring. Both the consented sign and the proposed non site-related sign constitute a transitional use of this side wall until such time as the adjacent site redevelops. d) An analysis of the surface brightness or luminance of the existing sign and the contrast with the luminance of the wall on which it is placed and the luminance of the proposed sign and its contrast. This contrast should be analysed both during the daytime and at night and will assist in understanding the appropriateness of the luminance levels proposed in condition 5. Digital LED billboards are becoming relatively common in Christchurch (and indeed across all the major urban centres in New Zealand). There is now a well-established suite of conditions that are purpose-designed for managing luminance to appropriate levels in urban environments. The application site is located within a City Centre Commercial Zone and is likewise located adjacent to the road reserve with associated high levels of ambient lighting at night-time. The following conditions are therefore offered to control luminance. These conditions expand beyond just those already offered in Condition 5 and are consistent with conditions approved by Council in relation to other digital billboards in the City’s commercial zones as effective methods for managing any potential effects of luminance. Condition 1: The maximum digital sign luminance shall be 500 cd/m2 during hours of darkness and 5,000 cd/m2 during daylight hours; Condition 2: Luminance of the sign shall be audited by an appropriately qualified lighting designer/ engineer within 7 days of installation and operation of the sign to confirm the maximum luminance levels in condition 1 are not being exceeded. Confirmation of this is to be forwarded to the Resource Consents Manager, Christchurch City Council within 48 hours of the audit being completed; Condition 3: The LED screen shall incorporate lighting control to adjust brightness in line with ambient light levels. 2 2. To assess the impact on traffic safety, please provide the image duration time. As with luminance, a standard set of conditions for managing effects of LED displays on traffic safety are now well established. As set out in the application, the site is located mid-block on a straight section of road with good sight-lines in both directions. The proposed sign will not obscure or distract from traffic signals given its location on the side of a building in a mid-block location. The following amendment to Condition 1 offered in the application is set out below to clarify the duration time, along with Condition 2 which is reiterated in terms of its effectiveness in managing traffic safety risk: Condition 1: Only still images shall be displayed on the sign with a minimum duration of 8 seconds per image. There shall be no transitions between still images apart from either: a. An immediate change; b. A cross-dissolve between images of a maximum of 0.5 second; Condition 2: The sign shall not contain any of the following on the display screen: a. Live broadcast or pre-recorded video; b. Movement or animation of the images; c. Flashing images or any retro-reflective material; d. A split sign (two adverts on the sign at the same time). If you have any queries regarding the above, or would like to arrange a time for a site visit to consider visibility please do not hesitate to get in contact with me. Yours faithfully PLANZ CONSULTANTS LTD Jonathan Clease Associate and Urban Designer DDI: Email: 03 964 4630 [email protected] 3
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