CRL Briefing on Future Development Applications (Updated July 2023)
Table of Contents 1. Summary..................................................................................................................................... 3 2. Relevant terminology............................................................................................................... 3 3. Introduction................................................................................................................................ 5 4. CRL tunnel design criteria....................................................................................................... 6 5. Future developments around the CRL Infrastructure...................................................... 6 6. Works within the Protection Designation – Threshold Ground Load Differential.... 7 7. Works within the Operational Designation – testing drilling......................................... 8 8. Applying for CRLL’s consent for Works within a CRL Designation............................... 8 9. Conclusion................................................................................................................................... 9
Disclaimer The information provided in this Briefing is intended to be for guidance only, and is not intended to be a comprehensive or complete source of information or advice. This Briefing is general in nature, and should not be relied on as a source of legal, engineering or other expert advice. City Rail Link Limited recommends that you should take specific advice from professional advisors before undertaking any action in reliance on the information in this Briefing. City Rail Link Limited does not accept any responsibility for the provision of any incorrect or incomplete information in this Briefing, and disclaims any liability arising from the use of the information provided in it. Precedence of documents In the event of any conflict between this Briefing and the Restrictive Covenant, the Restrictive Covenant will take precedence.
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1. Summary This briefing provides information and guidelines for landowners who wish carry out development works in the vicinity above or next to the City Rail Link (CRL) tunnels and infrastructure. You should read this briefing in conjunction with: • the restrictive covenant relating to the CRL that is to be registered on your relevant land title (Schedule 1 Form of Restrictive Covenant appurtenant to the Railway Land); and • the Survey Office (SO) plans for your property. The SO plans identify the subsurface area of your property that is subject to certain restrictions relating to the CRL (see the Restrictive Covenant and section 176(1)(b) of the Resource Management Act 1991). These restrictions are intended to ensure that any future development works on your property do not damage or adversely affect the CRL infrastructure by preventing or hindering the CRL’s construction, operation or maintenance. CRLL has developed design criteria that allow for development above and adjacent to the CRL tunnels, provided that the development does not adversely affect the CRL. These design criteria are outlined further below. You must obtain CRLL’s prior consent before carrying out any works in the subsurface area of your property that is subject to restrictions relating to the CRL. It is recommend that you engage with CRLL early in your development planning process, preferably before you apply for resource consent from Auckland Council. By engaging early with CRLL, it is more likely that you will be able to proceed with confidence and without delays, knowing that you understand and have incorporated any special requirements that CRLL may impose on your project because of the CRL. Further information about the CRL project can be found on the CRL website: www.CityRailLink.govt.nz
2. Relevant terminology Authority - City Rail Link Limited (CRLL) or its successor Covenant Area - An area of a landowner’s subsurface land (within the Protection Designation) starting approximately 5 metres below Natural Ground Level, extending to the lower limit described in the relevant SO Plans. The Restrictive Covenant will be registered on the certificate of title for this land. The Restrictive Covenant prohibits the landowner from carrying out any Restricted Work within the Covenant Area without the prior written consent of the Authority. CRL Designations - The Designations relating to the construction, operation and maintenance of the CRL Infrastructure CRL Infrastructure - All the infrastructure required for the construction, operation and maintenance of the CRL, including the railway lines, tunnels, signals and stations. Designation - A designation is provision made in a district plan to give effect to a requirement made by a requiring authority (in this case CRLL) for a project or work. A designation authorises a requiring authority to undertake the project or work on a specific site/route, as well as any other area where the restriction is necessary for the safe or efficient functioning or operation of the project or work. Designations form part of any relevant district plans and authorise the associated land use activities specified in the designation.
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Designations have 2 primary functions: • to allow the proposed project or work to be carried out in accordance with the purpose and conditions of the designation; and • to protect the land from activities that may adversely affect the proposed project or work, by either preventing or hindering the project or work from taking place. Where a designation is in place, any third party who wishes to do anything on designated land that may prevent or hinder the project or work must obtain a written consent from the relevant authority under section 176(1)(b) of the Resource Management Act 1991 (RMA). If the authority withholds consent, the third party has a right of appeal to the Environment Court under section 179 of the RMA. Foundation Load and Embedment Plan – A plan of the proposed works prepared by a suitably qualified, competent design professional (i.e. NZ Chartered professional engineer) that shows, in plan view and cross-section, the location and depth of piles, excavations, and retaining structures, and the calculated load supported by the piles and/or foundation elements. kPa – Kilopascals - a metric unit used to measure pressure. 1 KPa is approximately equal to 100kg/m2. Natural Ground Level - Natural ground level. The existing ground level, natural or modified, as at 25 January 2013, being the date that the notice of requirement for the CRL designation was publicly notified by Auckland Council. Operational Designation – The CRL Designation relating to the subsurface land to be acquired by CRLL for the construction, operation and maintenance of the CRL. It is the land where the CRL tunnels will be located, and is coloured blue in the indicative diagram below. Project – The project relating to the construction, operation and maintenance of the CRL. Protection Designation – The CRL Designation that is intended to protect the CRL tunnels from activities that may hinder or prevent their construction, operation or maintenance. The Protection Designation starts from approximately 5 metres below Natural Ground Level (depending on location of the particular property). It is the land coloured pink in the indicative diagram below. Railway Land – The land acquired by CRLL for the purposes of the construction, maintenance and operation of the CRL. Relevant Boundary - The legal boundary of the subsurface land to be acquired by CRLL (i.e. the upper or side boundary of the Operational Designation and the lower or side boundary of the Covenant Area). Restricted Work - means any excavation, building, foundations, piles or other work of any nature within the Covenant Area. Restrictive Covenant (Schedule 1 Form of Restrictive Covenant appurtenant to the Railway Land) - The restrictive covenant that will be registered on the certificate of title to your land to ensure better compliance with and awareness of the Protection Designation. RMA - Resource Management Act 1991 Section 176 Application - An application to CRLL under section 176 of the RMA for approval to carry out works within a CRL Designation. SO Plan(s) - Survey Office plans. These are plans prepared by licensed surveyors that show the subsurface land to be acquired by CRLL, and include cross-sections that show the Covenant Area and Relevant Boundaries for each property. Threshold Ground Load Differential – A net change (increase or reduction) in ground load of 50kPa, measured at the Relevant Boundary, when compared to the ground load (including ground modifications and built structures) that existed on 25 January 2013. Works – Any excavation, building, foundations, piles, testing drilling or other work of any nature.
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3. Introduction 3.1.
CRLL is acquiring a parcels of your subsurface land for the construction, operation and maintenance of the CRL tunnels. This land falls within the CRL Operational Designation (the blue area in the indicative diagram below).
3.2. Some of your land that is adjacent to land being acquired by CRLL falls within the CRL Protection Designation (the pink area in the indicative diagram below). The Protection Designation is a form of “spot- zoning” that is intended to protect the CRL tunnels from activities that may adversely affect their integrity, and the safety of the CRL and its users. 3.3. The exact location of the Operational and Protection Designations in relation to your property is shown on your site-specific SO Plans. Refer to Diagram 1 and Diagram 2 for illustrative examples. DIAGRAM 1: Indicative cross-section diagram showing development over the CRL tunnels
Property retained by landowner – not subject to any CRL restrictions
5 metres
Aquisition Boundary Railway Land
Protection Designation (Covenant Area). Property retained by landowner - subject to restrictions to protect the CRL tunnels and other infrastructure Operational Designation. Property acquired from landowner for the CRL
DIAGRAM 2: Indicative cross-section diagram showing development adjacent to the CRL tunnels
Vincent Street
Property retained by landowner – not subject to any CRL restrictions Protection Designation (Covenant Area). Property retained by landowner – subject to restrictions to protect the CRL tunnels and other infrastructure
Railway Land
Operational Designation. Property acquired from landowner for the CRL
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3.4 To ensure better compliance with and awareness of the Protection Designation, the Restrictive Covenant will be registered against the certificate of title to each property that has land falling within the Protection Designation (see Schedule 1 Form of Restrictive Covenant appurtenant to the Railway Land) 3.5 The Restrictive Covenant requires a landowner to obtain CRLL’s prior approval before carrying out any Restricted Work (i.e. work of any nature within the Covenant Area, being that part of the landowner’s property that falls within the Protection Designation). 3.6 Under section 176 of the RMA, a landowner (or other party) must obtain CRLL’s written consent prior to doing anything in relation to the land that is subject to the Protection Designation and/or the Operational Designation if proposed works would prevent or hinder the CRL project. 3.7 CRLL will assess any application for proposed works within a CRL designation against development design criteria. These criteria allow for development over and adjacent to the CRL tunnels, provided that the development does not damage or adversely affect the CRL tunnels. The design criteria take into account the particular circumstances of a property, including local ground conditions, and planning restrictions that affect the property.
4. CRL tunnel design criteria 4.1.
The CRL concept design accommodates or allows for existing and future residential and commercial developments that could be reasonably expected within the zoning restrictions of the District Plan or Auckland Unitary Plan (operative in part) as at the time the CRL designations were approved by the Environment Court (August 2015).
4.2. The design criteria for the CRL are based on international design standards for modern tunnels built in urban areas. They are similar to those of: • Waka Kotahi NZ Transport Agency’s Waterview Tunnel; • 3 comparable road tunnels completed in Brisbane, Australia; and • rail projects undertaken by the MTR Corporation in Hong Kong (that allow for future development over their extensive network of rail tunnels).
5. Future developments around the CRL Infrastructure 5.1.
The CRL concept design takes into account both existing loading above and adjacent to the land in which the tunnels are to be constructed, and the potential for changes in ground loading.
5.2. Changes in loading may occur, for example, when foundation loads are increased due to additional building being undertaken above the existing foundations, or loads are decreased due to basement excavation. 5.3. The loading that future buildings or structures will impose on the CRL will vary depending on various factors, including the following: • building height, size and mass; • design of the foundations of the proposed development; • geotechnical conditions supporting the building and surrounding the CRL; and • the distance between the CRL and the proposed foundations. 5.4.
The CRL concept design allows for a net change (increase or reduction) in ground load of 50kPa, (measured at the Relevant Boundary) when compared to the ground load (including ground modifications and built structures) that existed on 25 January 2013. This is the Threshold Ground Load Differential.
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5.5. The 50 kPa tunnel surcharge net load allowance for foundations is a typical value that is widely used in other countries to provide for future development of multi-storey buildings over modern tunnels in urban areas. 5.6. The Threshold Ground Load Differential would also permit, for example: • 1 metre of surface filling above Natural Ground Level; or • an excavation for basements not exceeding 5 metres below Natural Ground Level.
6. Works within the Protection Designation– Threshold Ground Load Differential 6.1.
As indicated above, any landowner or other party proposing any development works within a CRL Designation (including the Protection Designation/Covenant Area), must first apply for CRLL’s prior written consent for the works.
6.2. In considering the application, CRLL will assess if the works would prevent or hinder the CRL. This assessment will include the net change in load imposed on the CRL infrastructure by the proposed development. Any load check to measure the net change in load will be taken at the Relevant Boundary to determine if CRLL’s approval for the works can be given, or if a more detailed assessment is required. 6.3. Counting towards this net change in load is a combination of the: • weight of the developed structures; • fixed equipment on the property (dead loads); and • load produced by the use and occupancy of the developed structure by such things as people, personal property, and vehicles (live loads). 6.4. The net load also includes the positive effects of a building’s load dispersed through the soil depth from the point of loading to the point of measurement. This will vary on each property. 6.5. Removal of soil for basement (or mat foundation) construction will reduce the net load from property improvements. 6.6. CRLL’s review and approval process for Restricted Work is site-specific and takes into account the following matters: • the actual proximity of the proposed Restricted Work to the CRL tunnels; • the scale of the proposed development; • the separation between the CRL tunnels and the future foundations; and • whether interaction between the new development and the CRL is within the assumptions used in the design of the CRL. 6.7.
CRLL will consent to Restricted Work where it is satisfied that the proposed future development load does not exceed the Threshold Ground Load Differential.
6.8. However, if CRLL believes the development load of the proposed foundations will exceed the Threshold Ground Load Differential, then CRLL reserves its right not to give its consent, and may recommend that you obtain a detailed engineering assessment. This will allow you to consider potential development designs that are tailored to your specific site conditions, and which meet CRLL’s design criteria. 6.9.
CRLL’s written consent to Restricted Work may be subject to conditions that CRLL considers appropriate.
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6.10. You will be responsible for the reasonable costs of any engineering load check required to obtain CRLL’s consent for Restricted Work pursuant to the covenant registered against the properties record of title. This includes the costs of an initial review by CRLL to check the Threshold Ground Load Differential of a proposed development. Additionally, if CRLL considers that your proposed development will exceed the Threshold Ground Load Differential, and a further detailed engineering assessment is required, you will need to meet CRLL’s additional costs for review of the further assessment. An estimate will be provided to you in advance. The s176RMA approval will specify the additional engagement required through to the completion of the proposed development.
7. Works within the Operational Designation – testing drilling 7.1.
As indicated above, any landowner or other party proposing any development works within a CRL Designation (including within the Operational Designation), must first apply for CRLL’s prior written consent for the works.
7.2.
CRLL will provide written consent for testing drilling (in order to establish soil bearing capacity) into the first 3 metres of the Operational Designation (the blue acquisition area that CRLL owns) if CRLL is satisfied that such drilling would not prevent or hinder the operation of the CRL tunnels.
7.3.
Any written approval by CRLL would be on the basis that: • drill holes for geotechnical investigation will be backfilled with a cement grout containing bentonite or similar within one day of completion of the test drilling; • casings installed for geotechnical investigation boreholes will be removed in stages during grouting to ensure that the entire hole is grouted and to prevent caving; and • piezometers will not be installed in the Operational Designation (but may be installed in the Protection Designation).
8. Applying for CRLL’s consent for Works within a CRL Designation Step 1: Initial enquiry 8.1.
If you are proposing to carry out works in land that is subject to the Operational or Protection Designation, your first step should be to contact CRLL to discuss your proposed plans. This will provide you with the opportunity to discuss your proposal with CRLL to determine if your proposed works may prevent or hinder the construction, operation or maintenance of the CRL. Conceptual diagrams or plans are suitable for pre-application discussions with CRLL.
8.2. Your engineer should ensure that the design of any foundations proposed to intrude into the Protection Designation keeps loading and stress changes on the CRL to within the design criteria. 8.3. Should CRLL believe there will be a potential impact on the CRL, initial enquiry discussions will give you, your engineer and/or other advisers the opportunity to work through design solutions with CRLL that gives you certainty going forward. 8.4. If you lodge a resource consent application with Auckland Council for works more than 5 metres below Natural Ground Level, as part of the consent process Auckland Council will notify CRLL (as the requiring authority for the Protection Designation and as an adjacent landowner of any application). CRLL however, advises that you should contact CRLL before lodging a resource consent application with Auckland Council, to expedite the RMA process.
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Step 2: Formal application 8.5. To obtain CRLL’s approval, you must submit a formal application to CRLL for consideration. 8.6. The application form should be submitted with the following documents: • A copy of plans prepared by a suitably qualified engineer detailing the proposed works. • Specific engineering information relating to the Threshold Ground Load Differential of the proposed development. This should be accompanied by a sufficiently detailed Foundation Load and Embedment Plan, with accompanying specifications and methodology to evidence the net change in ground load that the proposed Restricted Work will result in at the Relevant Boundary. • Such further information as may be required to enable CRLL to properly assess the section 176 application. • An aerial view of the property clearly marked to show the area concerned. • A copy of the relevant resource consent application (if available). • CRLL’s fee for an engineering load check. 8.7.
For formal approval of an application, the engineering information that CRLL requires is generally at the same level of detail as that required by Auckland Council for the review of deep excavations and/ or piles.
8.8. CRLL may request any further information that it considers necessary or relevant to its consideration of the application. 8.9.
CRLL will provide you with an estimate of CRLL’s charges for an engineering load check. The Restrictive Covenant requires that you will be responsible for paying these charges (see clause 4.1 of the Restrictive Covenant). The charges must be paid in advance of the engineering load check taking place.
Step 3: CRLL’s consideration of the application 8.10. CRLL will consider the formal application in accordance with the Restrictive Covenant. 8.11. If you haven’t made the initial enquiry outlined in step 1, you will have an opportunity at this stage to discuss both your proposal and the CRL to determine whether your proposal may prevent or hinder the construction, operation or maintenance of the CRL. 8.12. Should CRLL believe that there is a potential impact on the CRL, there will be further opportunity for you, your engineer and/or other advisers to discuss design solutions with CRLL.
Step 4: Informing you of the outcome of the application 8.13. Where CRLL agrees that the proposed development will not prevent or hinder the CRL, CRLL will consent to the proposed development in writing. Conditions may also be included. 8.14. Where an applicant has been refused consent, CRLL will provide the applicant with a letter outlining the reasons for the refusal.
9. Conclusion If you wish to carry out any development works on your property that require CRLL’s prior written consent, we strongly recommend that you engage with us early in your development planning process. In this way, we will be able to assist you to plan your development with a clear understanding of any special requirements that CRLL may impose on your project so that it will not prevent or hinder the CRL. Updated July 2023 – Please contact Rick Galli, CRLL Head of Property (Rick.Galli@CityRailLink.govt.nz) for further updates to this document.
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