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Proposed Plan Changes 33 - 36 to the Clutha District Plan

Public Works and Network Utilities

Decision of Hearing Committee

December 2014

Hearing Committee Councillor Hamish Anderson (Chair)

Councillor Gaynor Finch

Councillor Bruce Vollweiler

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CONTENTS

Contents ................................................................................................................ 2

1 Introduction and Background ...................................................................... 4

2 Hearing ....................................................................................................... 5

3 Decisions on Submissions .......................................................................... 8

3.1 Introduction ........................................................................................................ 8

3.2 Objective 1 ......................................................................................................... 10

3.3 Objective 2 ......................................................................................................... 11

3.4 Objective 3 ......................................................................................................... 12

3.5 Objective 4 ......................................................................................................... 14

3.6 Objective 5 ......................................................................................................... 14

3.7 Objective 6 ......................................................................................................... 16

3.8 Policy 1 ............................................................................................................... 17

3.9 Policy 2 ............................................................................................................... 18

3.10 Policy 3 ............................................................................................................. 20

3.11 Policy 4 ............................................................................................................. 23

3.12 Policy 5 ............................................................................................................. 24

3.13 Policy 6 ............................................................................................................. 25

3.14 Policy 7 ............................................................................................................. 27

3.15 Policy 8 ............................................................................................................. 29

3.16 Policy 9…………………………………………………. ....................................... 29

3.17 Policy 10…………………………………………………. ..................................... 30

3.18 Policy 11………………………………………………………… ........................... 31

3.19 Policy 12……………………………………………………………… .................... 31

3.20 Reasons and Explanations .............................................................................. 32

3.21 Complete Code ................................................................................................ 34

3.22 Rule 2.1…………………………………………………………………………………. 36

3.23 Rule 2.2……………………………………………………………………………. .. 39

3.24 Rule 3…………………………………. ............................................................... 42

3.25 Rule 4…………………………………………………………………………………. 43

3.26 Rule 5………………………………………………………………………………… 46

3.27 Rule 6………………………………………………………………………………… 48

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3.28 Rule 8………………………………………………………………………………… 49

3.29 Rule 9(i)……………………………………………………………………………… 52

3.30 Rule 9(ii)…………………………………………………………………………….. 54

3.312 Rule 9(iii)…………………………………………………………………………… 55

3.32 Rule 10……………………………………………………………………………… 60

3.33 Rule 12……………………………………………………………………………… 62

3.34 Rule 13……………………………………………………………………………… 63

3.35 Rule 14……………………………………………………………………………… 70

3.36 Rule AME.9………………………………………………………………………… 70

3.37 Reverse Sensitivity ……………………………………………………………….. 78

3.38 Level Crossings…………………………………………………………………… 82

3.39 Rule SUB1(d)……………………………………………………………………… 83

3.40 Plan Change 33 Genera…………………………………………………………. 86

3.41 Accidental Discovery Protocol………………………………………………….. 87

3.42 Definition of ‘Infrastructure’ ……………………………………………………… 92

3.43 Planning Maps and Schedule 6.2………………………………………………. 98

4 Conclusion ................................................................................................. 98

Appendix 1 - Plan Change: As Amended by Decisions

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1 INTRODUCTION AND BACKGROUND The Clutha District Council’s District Plan, prepared under the Resource Management Act 1991 (the Act), was publicly notified on 14 January 1995. On 30 June 1998 it became one of the first resource management plans in the country to be deemed operative. Early in 2007, work on the review of the District Plan commenced. At that time, Council was required to undertake a full review of the Plan as required by section 79(2) of the Act. However changes to the RMA in 2010 removed the need for an overall review of the Plan after ten years and replaced it with a requirement to review any provisions that have not already gone through a review or plan change within the last ten years. For a number of reasons, in particular changing government policy and uncertainty around the review of Otago Regional Policy Statement (“RPS”), Council has decided to adopt that approach. As a result, Council is undertaking a number of plan changes as each section is reviewed. The first three of these plan changes addressed the energy section, the biodiversity management provisions and the natural hazard provisions of the District Plan. This fourth Plan Change is effectively an update of the Public Works and Network Utilities Section of the District Plan, Section 3.14, to recognise advances in technology and the numerous national planning documents that have been released over the past few years. Of particular relevance to this section of the plan are the provisions of the National Policy Statement on Electricity Transmission 2008 (“NPSET”). The NPSET required Council to initiate a plan change or review by 10 April 2010. As noted above, Council began its review of the District Plan in 2007. This section of the plan has been under review and consulted on since that time. Due to the complex nature of the activities it deals with and the many stakeholders involved, it has taken some time to have a formal plan change document ready for public release. A number of National Environmental Standards have also been released that have had an impact on this process. These include the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008 and the Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009 (“NES”). These NES’s contain provisions that regulate a number of the activities addressed in this plan change. The Committees role in this process is to consider the submissions received on PPC 33 to 36, the evidence presented at the hearing, and the advice of the Council Staff before making a decision on the submissions. In this capacity the Committee has the option to accept or reject the submissions, or accept the submissions in part. We have chosen to address the submissions by grouping them according to the matter to which they relate as was done in the Officer’s report. As required by the Act, our decision gives reasons for accepting or rejecting the submissions and also includes the consequential alterations to PPC 33 to 36 arising from the decision. The decision adopts a similar format to that contained within the Officer’s for ease of reference.

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Once the appeal period has ended, the full Council provides final approval to the plan change and any subsequent amendments to the plan change that have been made. 2 THE HEARING The hearing of the Plan Change and the submissions received was conducted at the office of the Clutha District Council in Balclutha on 19 and 20 September 2014.

Tuesday 19 September, 2014 The following appearances were recorded: Clutha District Council Staff David Campbell – Planning and Regulatory Manager, CDC

Allan Cubitt – Consultant Planner Submitters Transpower – Nicky McIndoe (Counsel); Michael Hurley (Senior Environmental Planner at Transpower); Wayne Youngman (Director of Safety at Transpower); Claire Kelly (consultant planner, Boffa Miskell Ltd). Federated Farmers of New Zealand – David Cooper, Senior Policy Advisor

The first submitter to speak on PC 33 to 36 was Transpower. Counsel for Transpower, Ms McIndoe, began by presenting legal submissions. Ms McIndoe outlined the statutory framework and commented on the recent Supreme Court’s ‘King Salmon’ decision. She also brought to our attention the requirements of the recent amendments to section 32 of the Act and how these impact on the plan change. Ms McIndoe then highlighted the provisions of the NPSET and what changes she believed needed to be made to the plan change to give effect to that document. Mr Hurley then presented evidence that first outlined the operations of Transpower and its assets in Clutha District. He then set out Transpower’s response to the NPSET and how it is implemented elsewhere in the country. He also discussed the effect of NZECP34:2001 and discussed the relief sought by Transpower. In summary the amendments sought to the Plan Change were as follows:

• A specific policy addressing the effects of other activities on the National Grid • A further exemption for horticulture structures near National Grid support

structures • Non-complying activity status for incompatible buildings, structures and

sensitive activities within close proximity to the National Grid • Restricted discretionary subdivision to show a building platform outside

National Grid Yard (and non-complying status if a platform cannot be shown) • New earthworks rules near the National Grid • Amendments to definition of ‘infrastructure’ and new definitions for ‘National

Grid Sensitive Activity’, ‘National Grid Yard’ and ‘National Grid Subdivision Corridor’.

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Mr Youngman then presented evidence on the typical work required to operate, maintain and upgrade the national grid and the risk to people, property and the Grid itself within the National Grid corridor. He advised that it is critical for Transpower to be able to operate and maintain the National Grid safely. He went on to say that access to it is essential and that the integrity of the Grid and the safety of workers and land occupants is dependent upon maintaining safe separation distance to the lines. Ms Kelly then presented planning evidence to the Committee. Her evidence focussed on issues where she disagreed with the recommendations of the s42A report. She outlined a number of areas where refinements to the plan change would give full effect to the NPSET, namely including reference to regional and national benefits in the introduction and the insertion of a new policy to recognise adverse effects of subdivision, development and land use on the National Grid and to establish a policy framework for Transpower’s two-tier corridor management approach; a new rule that establishes breaches as a non-complying activity; insertion of a hierarchy of earthworks rules and removal of reliance on the NZECP34:2001; amendments to provide for electricity generation activities; and a new definition National Grid Subdivision Corridor’ and amendments to the ‘National Grid Sensitive Activity’ and ‘infrastructure definitions. Ms Kelly also provided a section 32 evaluation for the changes she recommended. Mr David Cooper, on behalf of Federated Farmers was next to present to the Committee. Mr Cooper noted that the Clutha District Plan is seen as a relatively workable and practical document and their primary focus is to ensure amendments are justified, reasonable and meet the requirements of the legislation. He believed the s42A recommendations largely meet these criteria and recommended that Council adopt the recommendation of the s42A report in respect to the Introduction, Policy INF.6 and Rule AME.9 with the exception that Rule AME.9(a)(iv) is amended to remove the exclusion of dairy/milking sheds and intensive farm buildings from the permitted activity rules. Federated Farmers do not believe the inclusion of these buildings is consistent with the definition of ‘sensitive activities’ within the NPS and considers that they should not be treated in the same way as residential activities, educational facilities , rest homes and hospitals. Wednesday 19 August, 2014 The following appearances were recorded: Clutha District Council Staff David Campbell – Planning and Regulatory Manager, CDC.

Allan Cubitt – Consultant Planner. Submitters Trustpower Ltd – Claire Hunter, Resource Management Consultant. Evidence was also tabled from the following submitters: KiwiRail Holdings Ltd – Rebecca Beals, Senior RMA Advisor New Zealand Transport Agency – Tony MacColl, Senior Planning Advisor Chorus New Zealand Ltd and Spark New Zealand Ltd OtagoNet Joint Venture Ltd – Joanne Dowd, Planning Consultant

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The only submitter to speak on PC 33 to 36 at the second day of the hearing was Trustpower Ltd, who was represented by Ms Hunter. She first provided an overview of TrustPower’s generation assets in the Clutha District before going on to address TrustPower’s submission and the s42A reports response to that. Ms Hunter supported the s42A report recommendations in respect to the objectives, and Policies INF.1 and 2. However Ms Hunter considered reference to “where practicable” should be included within Policy INF.3 given the importance of such infrastructure and the fact that there may be circumstances where it is not always practicable to avoid, or even remedy or mitigate adverse effects. She also maintained that greater specificity is required within Policy INF.7 in order to determine how effects will be managed. Turning to the rules, Ms Hunter was of the opinion that ambiguity exists with the relationship of the Infrastructure chapter and the Energy chapter. She felt that this could be resolved with amendments to the introductory section. Ms Hunter also agreed with the s42A reports recommendation in relation to the definition of ‘infrastructure’. Mr Tony MacColl, a senior planning advisor with the New Zealand Transport Agency, tabled evidence in relation to Plan Changes 33, 34 and 36. He confirmed that NZTA supported the Officer’s report recommendations in relation to their submissions. He also noted that some changes recommended had not been made in the amended draft of the plan change. Chorus NZ Ltd and Spark NZ also tabled evidence. Their evidence outlined the background of the two companies and then addressed the Officer’s report. Overall the two submitters accepted the recommendations of the Officer’s report. However they did request that the “note” in respect to the NES for telecommunication facilities be made part of the rule because notes have no legal weight. OtagoNet Joint Venture Ltd also tabled evidence from their planning consultant, Ms Joanne Dowd. The submitter generally accepted the recommendations of the Officer’s report except in relation to Policy INF.3 and Rule 12.Substations. With respect to Policy INF.3, the submitter requests that it be amended to recognise that it may not always be practicable to avoid, remedy or mitigate adverse effects. The submitter also sought that substations of any size be permitted within the Rural Resource Area. Ms Rebecca Beals, a senior RMA advisor at KiwiRail Holdings Ltd., also tabled evidence. Ms Beals evidence confirmed that KiwiRail has accepted the majority of the Officer’s report recommendations except those in relation to Rule 2.2 and Rule 4. KiwiRail seek that Rule 2.2(ii) be deleted and that Rule 2.2(iii) become a restricted discretionary activity. Clarification and simplification of Rule 4 was also sought, particularly in relation to ‘upgrading’.

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3. DECISIONS ON SUBMISSIONS

PLAN CHANGE 33.1 PUBLIC WORKS AND NETWORK UTILITIES

3.1. Section 3.14.1 Introduction

The notified provision reads as follows:

3.14.1 Introduction The public works and utilities that comprise the District’s infrastructure network provide services that are essential to the functioning and wellbeing of the District’s communities. These works provide such services as electricity, telecommunications, water and sewerage reticulation, along with the transportation network and public safety devices. While these works are a critical component in the sustainable management of the District, their ongoing development, operation and maintenance can have adverse effects on the environment, particularly in terms of visual impact. The purpose of this section is to enable the ongoing development, operation and maintenance of essential infrastructure while ensuring those effects are appropriately managed. Conversely, the ongoing development, operation and maintenance of these works can be compromised by adjoining development. As a consequence, reverse sensitivity effects on the infrastructure must also be managed. The definition of ‘infrastructure’ within the Resource Management Act 1991 includes facilities for the generation of electricity. These facilities are dealt with separately in this Plan. Submitter Number and

Name Submission i.e. whether the

submitter supports or opposes specific provisions

The following decision is sought

OtagoNet Joint Venture

Support

Retain

Transpower NZ Ltd

Further Submitter – Federated Farmers

Support in part

Oppose in part.

3.14.1 Introduction – amend as follows: The public works and utilities, including the National Grid, that comprise the District’s infrastructure network provide services that are essential to the functioning and wellbeing of District’s communities. Additionally, the National Grid forms part of an essential network that has regional and national community benefits. These works provide such services as electricity, telecommunications, water and sewerage

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Submitter Number and Name

Submission i.e. whether the submitter supports or opposes

specific provisions


reticulation, along with the transportation network and public safety devices. While these works are a critical component in the sustainable management of the District, their ongoing development, upgrade, operation, replacement and maintenance can have adverse effects on the environment, particularly in terms of visual impact. The purpose of this section is to enable the ongoing development, upgrade, operation, replacement and maintenance of essential infrastructure while ensuring those potential adverse effects are appropriately managed. Council will have regard to the route, site and method selection, the environmental effects, the benefits to local, regional and national communities and any locational, technical and operational requirements of the activity and any works to be undertaken. Conversely, the ongoing development, upgrade, operation, replacement and maintenance of these works can be compromised by adjoining development. As a consequence, reverse sensitivity effects on the infrastructure must also be managed. …

DECISION Submitter Name and Submission Number Accept / Accept

in Part / Reject OtagoNet Joint Venture

Accept

Transpower NZ Ltd

Accept in part

REASON As the Officer’s report noted, the introduction merely establishes, in a very general sense, what is addressed by this section of the plan. It is not considered appropriate (or necessary) to identify specific infrastructure or specific policy direction in this section as sought by the submitter. However the Committee did accept that infrastructure can also have national and regional benefits so accepted that part of Transpower’s submission.

AMENDMENTS TO PROPOSED PLAN CHANGE Amend the first line of the introduction as follows: “The public works and utilities that comprise the District’s infrastructure network provide services that are essential to the functioning and wellbeing of the nation, region and District’s communities…”

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3.2 Objective INF 1 The notified provision reads as follows:

Objective INF.1 - Positive Contribution of Infrastructure To recognise the essential and positive contribution that infrastructure, including the transportation network, and its ongoing operation, maintenance, upgrading and development makes to the social, economic, and cultural wellbeing, and to the health and safety of the District’s people and communities.

Submitter Number and




Chorus NZ Ltd

Supports but notes that objectives not reflected in rules

Retain and reflect in rules so that they are less restrictive.

KiwiRail Holdings Ltd

Support

.

Retain as notified


Support

Retain as notified

Telecom NZ Ltd Support but not reflected in rules.


Transpower NZ Ltd

Support

Retain

TrustPower Limited

Support

Retain


in Part / Reject KiwiRail Holdings Ltd; OtagoNet Joint Venture ;Transpower NZ Ltd; TrustPower Limited

Accept

Chorus NZ Ltd; Telecom NZ Ltd Accept in part

REASON It is noted that the submitters support the objective and request that it be retained. However two submitters suggest that the objective should be better reflected in the rules but the Committee believes this issue is best left to be addressed in the context of their submission on the rules. AMENDMENTS TO PROPOSED PLAN CHANGE No changes are required as a result of this decision.

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3.3 Objective INF.2 Objective INF.2 – A Safe, Efficient and Integrated Infrastructure Network A safe and efficient infrastructure system that integrates with land use activities and minimises, as far as practicable, any adverse effects on the amenity values, ecological values, landscape values, cultural and historic heritage values of the District, and the health and safety of people and communities.





Chorus NZ Ltd




Support

Retain as notified

NZ Transport Agency

Support

Retain as notified


Support Retain as notified



Transpower NZ Ltd

Support in part Objective INF.2 – amend by deleting “minimises, as far as practical” and replace with “avoids, remedies or mitigates”:

TrustPower Limited

Retain as notified Retain as notified


in Part / Reject KiwiRail Holdings Ltd; NZ Transport Agency; OtagoNet Joint Venture ; TrustPower Limited

Accept

Transpower NZ Ltd; Reject Chorus NZ Ltd; Telecom NZ Ltd Accept in part

REASON The majority of submitters support this objective without change although two submitters suggest that the objective should be better reflected in the rules. With respect to Transpower requested wording, which they believe better reflects language and intent of the Act, the Committee agrees with the Officer’s report that “An objective is a statement of what is to be achieved through the resolution of a particular issue. The word ‘minimise’ means to ‘reduce’ or ‘lessen’ and in the context of adverse effects, avoiding, remedying or mitigation of effects are all methods to

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achieve that. This reflects the intention of the Act. By including the phrase ‘minimises, as far as practical’, the objective requires adverse effects on the values listed to be reduced as much as possible while recognising that there are sometimes practical constraints to reducing the significance of such effects.” Hence no change has been made. AMENDMENTS TO PROPOSED PLAN CHANGE No changes are required as a result of this decision.


Objective INF.3 – Activities adjoining the Infrastructure Network The ongoing operation, maintenance, upgrading and development of the infrastructure network that is not compromised by incompatible activities. Submitter Number and




Chorus NZ Ltd




Support

Retain as notified


Support

Retain as notified

NZ Transport Agency

Support

Retain as notified



Transpower NZ Ltd

Supports in part.

Objective INF.3 – amend as follows: To recognise and provide for the ongoing operation, maintenance, upgrading and development of the infrastructure network, including the National Grid, whilst: that is not compromised by incompatible activities. avoiding the establishment of subdivision and land use activities that could adversely affect the operation, maintenance, upgrading and development of infrastructure providing local, subregional and national benefits.

TrustPower Limited

Supports Retain as notified

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DECISION Submitter Name and Submission Number Accept / Accept in

Part / Reject KiwiRail Holdings Ltd; NZ Transport Agency; OtagoNet Joint Venture ; TrustPower Limited

Accept

Transpower NZ Ltd; Accept in part Chorus NZ Ltd; Telecom NZ Ltd Accept in part

REASON The Committee notes that again the majority of submitters support this objective without change although again two submitters suggest that the objective should be better reflected in the rules. Transpower’s submission requests that the objective be more directional and clear in what it is seeking. While the Committee did not feel the use of the words ‘recognise and provide for’ were necessary in the context of this objective (this is found in the policies), a minor wording change “To ensure that...” should achieve the outcome sought by the submitter. With respect to the second part of Transpower submission, the Committee agrees with the officer’s report that that additional wording suggested does not add anything useful in the context of reverse sensitivity. It also seems to suggest that certain activities should be avoided rather than the effects of those activities being managed to ensure the operation and development of infrastructure is not compromised. Transpower also seeks specific reference to the National Grid within the objective. The Committee does not consider this to be necessary or appropriate given the many types of infrastructure the objective deals with.

AMENDMENTS TO PROPOSED PLAN CHANGE Amend Objective INF.3 as follows: To ensure that the ongoing operation, maintenance, upgrading and development of the infrastructure network that is not compromised by incompatible activities.


Objective INF.4 - Recognition of Electricity Transmission Network To recognise the local, regional and national significance of the secure and efficient transmission of electricity in the sustainable management of the District’s resources.

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Chorus NZ Ltd





Transpower NZ Ltd


TrustPower Limited


DECISION

Submitter Name and Submission Number Accept / Accept in Part / Reject

Transpower NZ Ltd; TrustPower Limited

Accept

Chorus NZ Ltd; Telecom NZ Ltd Accept in part

REASON Again the submitters support the objective and request that it be retained. AMENDMENTS TO PROPOSED PLAN CHANGE No changes are required as a result of this decision.


Objective INF.5 – Provision for the Electricity Transmission Network The safe and efficient operation, maintenance, and upgrade of the existing electricity transmission network and the establishment of new electricity transmission resources to meet the needs of present and future generations, where:

(i) significant adverse environmental effects of the network are avoided, remedied or mitigated; (ii) the adverse effects of other activities on the network are avoided, remedied or mitigated;

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While recognising the technical and operational requirements and constraints of the network. Submitter Number and




Chorus NZ Ltd





Transpower NZ Ltd

Supports in part Objective INF.5 – amend by including reference to “replacement” and adding to the last line “and considering any route, site and method selection”.

TrustPower Limited



in Part / Reject TrustPower Limited

Accept

Chorus NZ Ltd; Telecom NZ Ltd; Transpower NZ Ltd; Accept in part

REASON The submitters generally support the objective and request that it be retained. Two submitters suggest that the objective should be better reflected in the rules. However this issue is best left to be addressed in the context of their submission on the rules. Transpower requests that the objective also apply to ‘replacement’ of the transmission network which is the intention and is probably covered by the reference to upgrading in the objective. However for certainty purposes the Committee believes the use of the word replacement is considered appropriate. Transpower also request that route, site and method selection also be included in the context of minimising effects. However the Committee considers this is more appropriate in a policy context and has been addressed in relation to Policy INF.3 below.

AMENDMENTS TO PROPOSED PLAN CHANGE

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Amend Objective INF.5 by adding the word ‘replacement’ after ‘maintenance’ in the

first line.


Objective INF.6 - Transportation and Energy Efficiency To recognise the link between transportation and energy efficiency in the management of the transportation network in the sustainable management of the District’s resources. Submitter Number and




Chorus NZ Ltd



NZ Transport Agency

Support with amendments

Objective INF. 6 – amend to read as follows: “To recognise the link between transportation and energy efficiency in the management of the transportation network in the sustainable management of the District’s resources. when sustainably managing the transportation network”




in Part / Reject NZ Transport Agency

Accept

Chorus NZ Ltd; Telecom NZ Ltd; Accept in part

REASON The Committee notes that submitters generally support the objective and request that it be retained. NZTA’s suggestion that the objective can be simplified is accepted. AMENDMENTS TO PROPOSED PLAN CHANGE Amend Objective INF.6 to read as follows: Objective INF. 6 – amend to read as follows: “To recognise the link between transportation and energy efficiency in the management of the transportation network in the sustainable management of the District’s resources. transportation network”

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3.7 Policy INF.1 - Existing Infrastructure

The notified provision reads as follows: Policy INF.1 - Existing Infrastructure To ensure that the ongoing operation and maintenance of existing infrastructure is protected, and to enable the upgrading and development of that existing infrastructure where the environmental effects of such work are: (i) no greater than existing at the time of adoption of this Plan; or (ii) are compatible with the existing environment; and iii) that the values found within the land listed in and/or identified via the application of the following rules:

• Table 9 (SSWI Database); • Table 13.3A (Potentially Outstanding Landscapes); • Table 13.3B (Outstanding natural Features); • Table 13.5 (Significant Wetlands); • Table 13.6 (Waahi Tapu); • Table 13.7 (Waahi Taoka and Mahika Kai); • Table 13.8 (Areas of Significant Habitat): and • Any areas as defined by Rules RRA.13 or COA.6 as requiring a

resource consent Of the District Plan are not significantly adversely affected.






Support

Retain as notified

NZ Transport Agency Further Submitter –


Policy considered too complicated and question need for points (i), (ii) and (iii). Amendments suggested. Support

Policy INF.1 – amend to read as follows: “To provide for the continued operation, maintenance and upgrading of existing infrastructure while avoiding, remedying, or mitigating adverse effects on the environment.”


Supports in part Policy INF.1 - Amend by deleting (i) to (iii) and adding the following: “…while appropriately avoiding, remedying or mitigating any significant adverse effects arising.”

Transpower NZ Ltd

Opposed in part Policy INF.1 – amend by adding reference to ‘minor’ upgrading and deleting paragraph (i).

TrustPower Limited

Support in part

Policy INF.1 – amend to read as follows: “To ensure that the ongoing operation and

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specific provisions


Further Submitter – OtagoNet Joint Venture

Support maintenance of existing infrastructure is protected, and to enable the upgrading and development of that existing infrastructure while appropriately avoiding, remedying, or mitigating any significant adverse effects arising.”


Part / Reject NZ Transport Agency ;OtagoNet Joint Venture; Telecom NZ Ltd; TrustPower Limited

Accept

KiwiRail Holdings Ltd;

Accept in part

REASON The Committee accepts the Officer’s report recommendation on these submissions as the Policy no longer seems necessary when the rule structure is considered. It is considered that the wording proposed by NZTA best reflects the approach of the plan along with the insertion of the word ‘minor’ as suggested by Transpower, which is consistent with the NPSET.

AMENDMENTS TO PROPOSED PLAN CHANGE Delete Policy INF.1 and substitute with the following:

“To enable the continued operation, maintenance and minor upgrading of existing infrastructure while avoiding, remedying, or mitigating adverse effects on the environment.” 3.9 Policy INF.2 Upgrade of Existing Infrastructure The notified provision reads as follows:

Policy INF.2 - Upgrade of Existing Infrastructure To encourage and enable the upgrade of existing infrastructure which maximises the capacity and efficiency of existing facilities, where appropriate, in preference to the establishment of new facilities in otherwise uncompromised environments

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specific provisions



Support

Retain as notified

OtagoNet Joint Venture Opposes in part Policy INF.2 - Amend by deleting the following: “…in preference to the establishment of new facilities in otherwise uncompromised environments.” .”

Transpower NZ Ltd


TrustPower Limited Further Submitter –


Support in part Support

Amend by deleting “in preference to the establishment of new facilities in otherwise uncompromised environments”.


in Part / Reject OtagoNet Joint Venture; TrustPower Limited

Accept in part

KiwiRail Holdings Ltd; Transpower NZ Ltd

Accept in part

REASON The Committee notes that the submitters generally support the policy and request that it be retained although two submitters are concerned about the reference to “uncompromised environments”. They submit that this part of the policy implies that infrastructure will have an adverse effect on the environment within which it locates. As the Officer’s report advised, the purpose of the policy is to encourage more efficient use of existing infrastructure with the upgrade of existing infrastructure being enabled. The policy is not directive and hence the concern of the submitters is unfounded. However the use of the phrase ‘uncompromised environments’ is not necessary to achieve the outcome sought and can be deleted accordingly. AMENDMENTS TO PROPOSED PLAN CHANGE Amend Policy INF.2 to read as follows: To encourage and enable the upgrade of existing infrastructure which maximises the capacity and efficiency of existing facilities., where appropriate, in preference to the establishment of new facilities in otherwise uncompromised environments 3.10 Policy INF.3 - Enable Infrastructure Development The notified provision reads as follows:

Policy INF.3 - Enable Infrastructure Development

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To ensure that significant upgrading of existing infrastructure and the development of new infrastructure, including the transportation network, is located, designed and operated so that the following matters, where relevant, are recognised and provided for: (a) The avoidance of those areas contained in the following tables and/or areas identified via the application of the following rules:

• Table 9 (SSWI Database); • Table 13.3A (Potentially Outstanding Landscapes); • Table 13.3B (Outstanding natural Features); • Table 13.5 (Significant Wetlands); • Table 13.6 (Waahi Tapu); • Table 13.7 (Waahi Taoka and Mahika Kai); • Table 13.8 (Areas of Significant Habitat); and • Any areas as defined by Rules RRA.13 or COA.6 as requiring a

resource consent

Or where avoidance is not practicable, any adverse effect on the key values of the affected resource is remedied or mitigated;

(b) The avoidance, remedying or mitigation of significant adverse effects on general landscape, including the coastal environment, and amenity values;

(c) The avoidance, remedying or mitigation of adverse effects on water bodies and their margins (including their natural character) and any associated statutorily managed sports fish and game;

(d) The avoidance, remedying or mitigation of any significant increase in risk to the safety of the public;

(e) The efficient operation of other established utilities and infrastructure; (f) The avoidance, remedying or mitigation of adverse effects on the integrity of

significant heritage and cultural values; (g) The avoidance, remedying or mitigation of adverse effects on the integrity of

values of importance to Kai Tahu; (h) The avoidance, remedying or mitigation of the adverse effects of noise,

vibration, lightspill, glare, stormwater run-off, and dust emissions; (i) The potential for material damage from erosion, subsidence, slippage,

inundation or other natural hazard events and measures to avoid, remedy or mitigate exacerbation of any of these processes;

(j) The potential for material damage or loss from the potential effects of climate change;

(k) The avoidance, remedying or mitigation of adverse effects on town centres and identified townscape precincts;

(l) The long term and/or irreversible effects on communities, including the potential for the displacement, dislocation or severance of communities;

(m) Any significant adverse effects on existing land use activities; While recognising and having regard to any specific location, technical and operational efficiency requirements and constraints of the network.

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Support

Retain as notified

NZ Transport Agency Further Submitter –


Support intent but believes policy overly prescriptive Support

Policy INF.3 – amend to read as follows “To ensure that significant upgrading of existing infrastructure and the development of new infrastructure, including the transportation network, is located, designed and operated so that the adverse effects on the environment are avoided remedied or mitigated whilst recognising that infrastructure can have a functional, technical and operational need for a particular location”.


Oppose in part

Policy INF.3 - Amend by adding the phrase “where practicable and technically feasible” to the start of (a), (b) and (c).

Transpower NZ Ltd

Support in part

Policy INF. 3 – amend by adding the following: (n) Whether there is opportunity to reducing existing adverse effects of National Grid infrastructure, including such effects on National Grid sensitive activities where appropriate. (o) The avoidance, remedying or mitigation of any significant effects through route, site and method selection.

TrustPower Limited Further Submitter – OtagoNet Joint Venture

Oppose in part Support

Policy INF.3 – amend by including reference to “where practicable” in (a), (b) and (c).


Part / Reject KiwiRail Holdings Ltd; NZ Transport Agency; OtagoNet Joint Venture; TrustPower Limited;

Accept in part

Transpower NZ Ltd Accept REASON

The Committee notes that the intent of the policy appears to be supported by most submitters although amendments are requested to recognise practical issues. With respect to Transpower’s submission, we note that the two matters that have been suggested for inclusion in the policy reflect Policy 6 of the NPSET. Policy INF.4 specifically deals with this issue however the Committee agrees that it is appropriate

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to combine the two policies. Hence the amendment recommended below also includes reference to material selection in terms of minimising adverse effects. With respect to the submissions of OtagoNet Joint Venture and TrustPower Limited, the policy already recognises practical issues that may arise around “specific location, technical and operational efficiency requirements and constraints of the network” and that these must be had regard to. Furthermore, sub-paragraph (a) already contains reference to practicality issues. Given these provisions and the amendments made in relation to Transpower’s submission, we do not believe the amendments suggested by these submitters are necessary.

The NZTA believes the policy is overly prescriptive and that matters (a) to (m) should be deleted and substituted with the standard phrase “avoid, remedy or mitigate adverse effects”.It is assumed that the concern about the policy being overly prescriptive is around the requirement to avoid the areas identified within (a). These areas are either outstanding landscapes/natural features or significant habitats that have recognition under section 6 of the Act. That section requires Councils to provide for the protection of such resources (in the context of outstanding landscapes/natural features that protection is from inappropriate subdivision, use and development). Policy 8 of the NPSET requires the transmission system to avoid adverse effects on outstanding natural landscapes and areas of high natural character (amongst other things). The policy is designed to discourage the development of large scale infrastructure and network utilities activities in sensitive environments and sends a clear signal that in the first instance, such areas should be avoided where there are alternative locations available. While the submitter may consider such an approach prescriptive, the potential impact of such activities on these areas can be significant and as a consequence the Committee considers the approach appropriate. Nor does the Committee support the NZTA approach of replacing (a) to (m) of the policy with the Act’s default position of avoiding, remedying or mitigating adverse effects. The policy framework recognises that infrastructure is a critical component in the sustainable management of the District and is relatively enabling. We agree with the Officer’s report that as the proposed infrastructure section does not contain assessment criteria, it is important that the policies provide guidance on what issues and effects need to be addressed by infrastructure providers. Addressing matters (a) through to (m) in the location, design and operation of infrastructure will enable Council to determine how Objectives INF.2 and 5 are met. AMENDMENTS TO PROPOSED PLAN CHANGE Amend Policy INF.3 as follows:

Policy INF.3 - Enable Infrastructure Development To ensure that significant upgrading of existing infrastructure and the development of new infrastructure, including the transportation network, is located, designed and

22

operated so that the following matters, where relevant, are recognised and provided for:

…

(m) Any significant adverse effects on existing land use activities; (n) Whether there is opportunity to reduce existing adverse effects of National Grid infrastructure, including such effects on sensitive activities where appropriate. While recognising and having regard to any specific location, technical and operational efficiency requirements and constraints of the network and the extent to which any adverse effects have been avoided, remedied or mitigated by the route, site, material and method selection.

3.11 INF.4 - Infrastructure Routes The notified provision reads as follows:

Policy INF.4 - Infrastructure Routes In assessing any resource consent application under Policy INF.2, to consider the extent to which any adverse effects have been avoided, remedied or mitigated by the route, site, materials and method selection for any infrastructure route. Submitter Number and




NZ Transport Agency

Questions the need for this policy which appears to be more a method of implementation rather than a district plan policy.

Delete or combine with Policy INF.2

Transpower NZ Ltd




Accept

Transpower NZ Ltd Accept in part REASON This issue has been discussed above in Decision 3.10 and Policy INF.4 has been incorporated into Policy INF.3. ADMENDMENTS TO PROPOSED PLAN CHANGE

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Delete Policy INF.4 and incorporate into Policy INF.3.

3.12 Policy INF.5 - Utility Corridors and Co-siting The notified provision reads as follows:

Policy INF.5 - Utility Corridors and Co-siting To mitigate the impact that infrastructure can have on the landscape values of the District by promoting and encouraging the co-siting of infrastructure and the location of infrastructure in “corridors” where this is possible and practicable having regard to the operational and commercial efficiencies of the infrastructure concerned. Submitter Number and




Chorus NZ Ltd

Supports but notes inconsistency with what is permitted.

Retain and reflect policy in rules



Transpower NZ Ltd Further Submitter


Support in part support

Policy INF.5 – amend by replacing ‘possible’ with ‘feasible’ and amend last line to read “…regard to the operational and commercial efficiencies and the technical constraints of the infrastructure concerned.”


in Part / Reject Transpower NZ Ltd

Accept

Chorus NZ Ltd; OtagoNet Joint Venture

Accept in part

REASON The Committee notes that this policy is generally supported although Transpower request reference to ‘technical constraints’, which is considered appropriate. The Chorus submission is best dealt with in the context of the rules. ADMENDMENTS TO PROPOSED PLAN CHANGE Amend Policy INF.5 as follows: Policy INF.5 - Utility Corridors and Co-siting To mitigate the impact that infrastructure can have on the landscape values of the District by promoting and encouraging the co-siting of infrastructure and the location

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of infrastructure in “corridors” where this is possible feasible and practicable having regard to the operational and commercial efficiencies and the technical constraint of the infrastructure concerned.

3.13 Policy INF.6 - High Voltage Transmission Lines The notified provision reads as follows:

Policy INF.6 - High Voltage Transmission Lines To avoid or mitigate both adverse effects on and adverse effects of high voltage transmission lines, by encouraging the location of new lines away from urban areas and sensitive rural locations, and by restricting the location of inappropriate subdivision, use and development in close proximity to existing lines, including preventing residential and other sensitive development near such lines.





Transpower NZ Ltd Further Submitter – Federated Farmers

Support in part Oppose

Policy INF.6 – amend as follows: To avoid or mitigate both adverse effects on and adverse effects of high voltage transmission lines, by encouraging, where feasible and practical, the location of new lines away from urban areas, existing National Grid sensitive activities, outstanding natural landscapes, areas of high natural character and areas of high recreation value and amenity. rural locations, and by restricting the location of inappropriate subdivision, use and development in close proximity to existing lines, including preventing residential and other sensitive development near such lines. And add a new policy as follows: Policy INF.6A Management of Activities around the National Grid To manage the effects of subdivision, development and land use on the safe, effective and efficient operation, maintenance, upgrading and development of the National Grid by ensuring that: a. National Grid Yards and National Grid Corridors are identified in the Plan to establish safe buffer distances for managing subdivision and land use development near National Grid lines including support structures; b. Sensitive activities and large-scale structures are excluded from establishing within National Grid Yards; c.Subdivision is managed within National Grid Corridors to avoid subsequent land use from restricting the operation, maintenance, upgrading and development of the National Grid; and d. Changes to existing activities within a National Grid Corridor or National Grid Yard do

25



specific provisions


not further restrict the operation, maintenance, upgrading and development of the National Grid.


in Part / Reject Transpower NZ Accept in part REASON As the officers report advised, this policy addresses Policies 7 and 8 (that deal with the effects of the transmission network) and Policies 10 and 11 (which deal with reverse sensitivity) of the NPSET. The officer’s report noted that elements of these policies are already addressed within Policy INF.3 and Policy INF.7. Policy INF.3 deals with the effects of the transmission lines themselves, while Policy INF.7 addresses reverse sensitivity effects. Hence the officer’s report recommended deletion of Policy INF.6 in its entirety and amendments to Policies INF.3 and 7 to specifically identify the National Grid. Transpower’s submission sought more explicit management of sensitive activities within proximity to the National Grid and continued to promote their buffer corridor approach. After giving lengthy consideration to the issue, the Committee determined that it was appropriate to incorporate the concepts of the National Grid Yard and Corridor within the District Plan as the most appropriate method to achieve the outcomes required by the NPSET. As a consequence, we have adopted Policy INF. 6A (now just Policy INF.6) promoted by Ms Kelly (with a slight change) and amended Policy INF.3 as recommended by the Officers report. We believe this will best ensure the integrity of the National Grid and the safety of both workers and land occupants near the National Grid lines. AMENDMENTS TO PROPOSED PLAN CHANGE

(a) Delete Policy INF.6 and substitute with the following:

Policy INF.6 Management of Activities around the National Grid To manage the effects of subdivision, development and land use on the safe, effective and efficient operation, maintenance, upgrading and development of the National Grid by: (a) Identifying National Grid Yards and National Grid Corridors in the Plan, (b) Avoiding, wherever practicable, sensitive activities and large-scale structures

within National Grid Yard; (c) Managing Subdivision within National Grid Yard and Corridor; and (d) Managing incompatible activities and changes to existing activities within the

National Grid Yard.

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(b) Add the following paragraph to Section 13.4.3 Reasons and Explanation for Objectives and Policies:

“The policies of the District Plan recognise that development and subdivision can adversely impact on the operation, maintenance, upgrade and development of infrastructure. This is addressed by Policy INF.7 while Policy INF.6 specifically addresses the management of activities within close proximity to the National Grid.”

(c) Amend Policy INF.3 as follows:

Policy INF.3 - Enable Infrastructure Development To ensure that significant upgrading of existing infrastructure and the development of new infrastructure, including the National Grid and the transportation network, is located, designed and operated so that the following matters, where relevant, are recognised and provided for:

(a) The avoidance of those areas contained in the following tables and/or areas identified via the application of the following rules:

… • Any areas as defined by Rules RRA.13 or COA.6 as requiring a

resource consent • Areas of high recreational value and amenity

Or where avoidance is not practicable, any adverse effect on the key values of the affected resource is remedied or mitigated; …

3.14 Policy INF.7 - Reverse Sensitivity Effects The notified provision reads as follows:

Policy INF.7 - Reverse Sensitivity Effects To avoid, remedy or mitigate reverse sensitivity effects of subdivision, land use and development activities on existing infrastructure, in recognition of the need for ongoing operation, maintenance and upgrading of the infrastructure.






Supports but seeks amendment to cross referencing

Policy INF.7 – add cross reference to Rule AME.10:

NZ Transport Agency


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specific provisions




Transpower NZ Ltd

Support in part

Amend by adding reference to ‘replacement’.

TrustPower Limited

Oppose in part

Policy INF.7 – amend to read” “To ensure the operation, maintenance, upgrading of existing infrastructure is not compromised by permitting, or granting consent for, other incompatible activities that are likely to give rise to adverse reverse sensitivity effects on such infrastructure.”

DECISION


KiwiRail Holdings Ltd ;NZ Transport Agency ;OtagoNet Joint Venture ;Transpower NZ Ltd

Accept in part

TrustPower Limited

Reject

REASON The Committee notes that policy is generally supported although Trustpower submits greater specificity is required as to how reverse sensitivity effects will be managed. However the Committee does not believe the wording suggested by the submitter adds anything to the policy and note that the methods adopted to achieve the policy will generally be contained in zone sections of the plan. The issue can be further explored at the time those sections are reviewed. The Committee notes that the KiwiRail submission highlights a cross referencing issue and agrees with the Officer’s Report that cross referencing throughout the Plan Change will need to be reviewed prior to the final adoption of the Plan Change. With respect to Transpower request to include of the word ‘replacement’, the amendment is consistent with the intention of the policy and has been included for certainty purposes. AMENDMENTS TO PROPOSED PLAN CHANGE Amend Policy INF.7 by adding the word ‘replacement’ after ‘maintenance’ in the last

line.

3.14 Policy INF.8 – Telecommunication Facilities The notified provision reads as follows:

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Policy INF.8 - Telecommunication Facilities To ensure that the location and installation of telecommunication facilities is in accordance with the National Environmental Standard for Telecommunication Facilities 2008 and its subsequent updates.





Chorus NZ Ltd

Support in part

Amend by adding the following : “…in situations where this Standard applies”.

Telecom NZ Ltd Support in part

Amend by adding the following : “…in situations where this Standard applies”.

DECISION


Chorus NZ Ltd ; Telecom NZ Ltd

Accept

REASON The submitters note that this standard applies to certain types of telecommunication facilities and that this should be recognised in the policy. The Committee considers this appropriate. AMENDMENTS TO PROPOSED PLAN CHANGE Amend Policy INF.8 by adding the words “…in situations where this Standard applies”.

3.15 Policy INF.9 – Public Safety Infrastructure The notified provision reads as follows:

Policy INF.9 – Public Safety Infrastructure To provide for structures essential to public safety.





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specific provisions




DECISION



Accept

REASON The submitter supports the policy.

AMENDMENTS TO PROPOSED PLAN CHANGE No changes are required as a result of this decision.

3.16 Policy INF.10 – Undergrounding Infrastructure The notified provision reads as follows:

Policy INF.10 – Undergrounding Infrastructure To encourage, where practicable, the location of infrastructure underground.





Transpower NZ Ltd Further Submitter

Federated Farmers OtagoNet

Support in part Oppose in part Support

Policy INF. 10 – amend as follows:

To encourage, where practicable, the location of infrastructure underground, where this is economically viable and technically feasible. ”.

DECISION


Transpower NZ Ltd

Reject

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REASON The Committee notes that policy is not directive and includes the phrase “where practicable”. Hence we agree with the Officer’s report that the changes requested are not necessary. AMENDMENTS TO PROPOSED PLAN CHANGE No changes are required as a result of this decision.

3.17 Policy INF.11 - Managing the Development of the Transportation Network The notified provision reads as follows:

Policy INF.11 - Managing the Development of the Transportation Network In addition to those matters identified in Policy 3 above, to ensure that the design, location and operation of the transportation network recognises and provides for the intended level and type of traffic usage and any foreseeable future demands. Submitter Number and






NZ Transport Agency


DECISION


KiwiRail Holdings Ltd; NZ Transport Agency

Accept

REASON The submitters support the policy. AMENDMENTS TO PROPOSED PLAN CHANGE No changes are required as a result of this decision.

3.18 Policy INF.12 - Transport and Energy Efficiency The notified provision reads as follows:

Policy INF.12 - Transport and Energy Efficiency To ensure that new developments and new transportation routes are designed for optimum effectiveness, energy efficiency and are located in situations that provide protection from natural hazard events as far as is practical.

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Submission i.e. whether the submitter supports or

opposes specific provisions


NZ Transport Agency




Accept

REASON

The submitters support the policy.


3.19 Reasons and Explanation for Objectives and Policies (section13.4.3) The notified provision reads as follows: 13.4.3 Reasons and Explanation for Objectives and Policies Infrastructure, such as electricity, telecommunications, water and sewerage reticulation, along with the transportation network and public safety devices, provide services that are essential to the functioning and wellbeing of the District’s communities. The objectives and policies of this Plan recognise that the development and operation of such infrastructure is an essential component in providing for the social, economic, and cultural well-being, and health and safety of the people of the District. Where these activities are designed to avoid, remedy or mitigate adverse effects on the environment, they have been permitted as of right. However the objectives and policies also recognise that the scale and location of some infrastructure works can have significant adverse effects on the environment. The resource consent process will ensure that amenity values are recognised and provided for in the location/design of these structures. The resource consent process will also take into consideration the efficiency and operational needs of these works. The requirements of the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008 and the Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009 are also reflected throughout the policy suite.

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Transpower NZ Ltd

Support in part

13.4.3 Reasons and Explanation for Objectives and Policies – amend as follows:

Infrastructure, such as electricity, telecommunications, water and sewerage reticulation, along with the transportation network and public safety devices, provide services that are essential to the functioning and wellbeing of the District’s communities. The objectives and policies of this Plan recognise that the development and operation, maintenance, upgrading and development of such infrastructure is an essential component in providing for the social, economic, and cultural well-being, and health and safety of the people of the District, and in some cases also having wider regional and national benefits. Where these activities are designed to avoid, remedy or mitigate adverse effects on the environment, they are provided for as have been permitted activities. as of right. However the objectives and policies also recognise that the scale and location of some infrastructure works can have significant adverse effects on the environment. The resource consent process will ensure that these effects are avoided, remedied or mitigated by route, site and method selection, whilst considering the technological and locational requirements of infrastructure and their benefits to the community. Amenity values are recognised and provi The resource consent process will also take into consideration the efficiency and operational needs of these works ded for in the location/design of these structures. The requirements of the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008, and the Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009 and the National Policy Statement on Electricity Transmission 2008 are also reflected throughout the policy suite.

DECISION


Transpower NZ Ltd

Accept

REASON

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The submitter requests a number of minor changes that reflect the changes to the objectives and policies they sought. In this context the Committee considers the changes are appropriate. AMENDMENTS TO PROPOSED PLAN CHANGE Amend “13.4.3 Reasons and Explanation for Objectives and Policies” to read as follows: Infrastructure, such as electricity, telecommunications, water and sewerage reticulation, along with the transportation network and public safety devices, provide services that are essential to the functioning and wellbeing of the District’s communities. The objectives and policies of this Plan recognise that the development and operation, maintenance, upgrading and development of such infrastructure is an essential component in providing for the social, economic, and cultural well-being, and health and safety of the people of the District, and in some cases also having wider regional and national benefits. Where these activities are designed to avoid, remedy or mitigate adverse effects on the environment, they are provided for as have been permitted activities. as of right. However the objectives and policies also recognise that the scale and location of some infrastructure works can have significant adverse effects on the environment. The resource consent process will ensure that these effects are avoided, remedied or mitigated by route, site and method selection, whilst considering the technological and locational requirements of infrastructure and their benefits to the community. Amenity values are recognised and provided for in the location/design of these structures. The resource consent process will also take into consideration the efficiency and operational needs of these works The requirements of the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008, and the Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009 and the National Policy Statement on Electricity Transmission 2008 are also reflected throughout the policy suite. 3.21 Rules - TO BE A COMPLETE CODE The notified provision reads as follows: 3.14.4 Rules TO BE A COMPLETE CODE Except where such activities require consent as part of an energy generation facility or new subdivision, the rules in this section of the Plan provide a complete code for those activities to which this section applies. Other than in relation to the provisions of 3.4 Energy, 3.7 Subdivision, 3.8 Financial Contributions and Reserve Requirements, the application of appropriate noise standards within the general section of the plan, and the Definitions in Section 5, no rule in any other part of this

34

plan shall apply to any activity dealt with by this section, unless the application of that rule is directly referred to in this section of the Plan. Please Note: The activities provided for below may require resource consents from the Otago Regional Council.





Chorus NZ Ltd




Telecom NZ Ltd Support Retain as notified

Transpower NZ Ltd

Supports in part Seeks to make it clear that Rules 3.14.4 do not apply to transmission lines existing at 14 January 2010 and that provisions of NESETA applies

Include new rule as follows: The Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009 contains a separate code of rules for the operation, maintenance, upgrading, relocation, or removal of an existing transmission line that is part of the national grid, as defined in the regulation and existing at 14 January 2010. Except as provided for by the regulation, no rules in this District Plan apply to such activities.

TrustPower Limited

Opposes in part

Ensure that all activities associated with energy generation activities are subject only to the provisions of Chapter 3.4

REASON TrustPower has sought clarity in respect to the relationship between this section and the provisions of Section 3.4 while Transpower has requested that an additional rule regarding the Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009 be inserted at the start of the rules section. The Committee accepts that these are appropriate changes. DECISION


Chorus NZ Ltd; OtagoNet Joint Venture; Telecom NZ Ltd; Transpower NZ Ltd; TrustPower Limited

Accept


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Amend Rule 3.14.4 as follows: “TO BE A COMPLETE CODE Except where such activities require consent as part of an energy generation facility or new subdivision, The rules in this section of the Plan provide a complete code for those activities to which this section applies. Other than in relation to the provisions of 3.4 Energy, 3.7 Subdivision, 3.8 Financial Contributions and Reserve Requirements, the application of appropriate noise standards within the general section of the plan, and the Definitions in Section 5, no rule in any other part of this plan shall apply to any activity dealt with by this section, unless the application of that rule is directly referred to in this section of the Plan. For the avoidance of doubt the rules in this section of the plan do not apply to those activities provided for in 3.4 Energy or 3.7 Subdivision. The Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009 contains a separate code of rules for the operation, maintenance, upgrading, relocation, or removal of an existing transmission line that is part of the national grid, as defined in the regulation and existing at 14 January 2010. Except as provided for by the regulation, no rules in this District Plan apply to such activities. Please Note: The activities provided for below may require resource consents from the Otago Regional Council.” 3.22 Rule 2.1- Roads The notified provision reads as follows: 2.1 Roads (i) Existing Formed Legal Roads The maintenance, upgrading or realignment of legal roads within legal road reserves or existing formed public roads not fully contained within the legal road reserve is a permitted activity except where the status/classification of the road is changed to State Highway or to a heavy traffic route in which case these activities become discretionary activities. (ii) Encroachment beyond an Existing Road Reserve of Formed Road The physical encroachment of a road due to upgrading, shape correction, or minor realignment works for the purpose of improving safety and efficiency of the road outside the existing road reserve boundary, is a permitted activity provided:

(a) The area of land no longer required for road is rehabilitated for productive uses or is landscaped or rehabilitated effectively and permanently so to offset any removal of significant flora and/or habitat of significant fauna associated with the encroachment.

(b) Any areas of soil, indigenous vegetation, riparian vegetation and margins disturbed by the construction work that are not incorporated into the new road carriageway are effectively reinstated to a standard no less than that which existed prior to the work taking place.

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(c) The safe and efficient operation of existing infrastructure is not adversely affected.

(d) Stormwater control is integrated with the existing catchments stormwater drainage system.

(e) No historic heritage item listed in Table 13.1 or Table 13.4 is affected. (f) No sites of cultural importance to Kai Tahu listed in Table 13.6 (Waahi

Tapu) or Table 13.7 (Waahi Taoka and Mahika Kai) are affected; (g) Construction, including the relocation of the roads existing traffic flows,

is managed to minimise any adverse effects of noise, vibration, dust, lightspill, glare, and the safety of any affected people/communities

Where these conditions cannot be met such activities shall be considered as restricted discretionary activities. Council shall restrict the exercise of its discretion to the matter that cannot be complied with. A resource consent application made under this rule shall not be publicly notified. This rule does not apply where the status/classification of the road is changed to State highway or to a heavy traffic bypass. In these circumstances such activities become discretionary activities. (iii) New Roads The construction of a new road, whether aligned with a legal road reserve or not, is a discretionary activity except where the road is to be formed as part of subdivision consent.

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specific provisions


NZ Transport Agency

Oppose Rule 2.1(i) and (ii)

Rule 2.1(i) – delete the words “except where the status/classification of the road is changed to State Highway or to a heavy traffic route in which case these activities become discretionary activities”. Rule 2.1(ii) – delete the words “This rule does not apply where the status/classification of the road is changed to State Highway or to a heavy traffic bypass. In these circumstances such activities become discretionary activities”.

Transpower NZ Ltd

Rule 2.1(ii) – Support in part Rule 2.1(iii)- supports

Rule 2.1(ii) – amend by including reference to the ‘National Grid’ in (c). Rule 2.1(iii) – retain

TrustPower Limited

Opposes

Ensure that upgrading or maintenance works associated with access tracks and roads to existing energy facilities are permitted. New tracks etc. to new facilities be considered under chapter 3.4.

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DECISION


Transpower NZ Ltd

Accept in part

NZ Transport Agency; TrustPower Limited

Reject

REASON NZTA oppose the rules identifying the change in status of a road to a SH or Heavy traffic route on the basis that the effects would be the same regardless of the classification. However the Committee agrees with the Officer’s report that this is not necessarily so as the increase of vehicles on a road, especially heavy vehicles can have a significant impact on amenity values, particularly in respect to the noise environment of the affected environment. We note that NZTA regularly seeks reverse sensitivity covenants on resource consents adjacent to the SH network and that this rule deals with the reverse of that situation. We agree that assessing the impact of this through the resource consent process is the most appropriate resource management approach. Transpower requests specific identification of the National Grid within the road widening rule. The rule refers to effects on infrastructure which includes the National Grid. The amendment is not considered necessary. With respect to TrustPower’s concern, we note that this rule is dealing with legal roads, not access tracks. AMENDMENTS TO PROPOSED PLAN CHANGE No changes are required as a result of this decision.

2.23 Rule 2.2 Rail The notified provision reads as follows: 2.2 Rail (i) Existing Railway Lines The maintenance and upgrading of existing rail lines, including the repair or replacement of any associated structures, and the operation of rail services within an existing and developed railway reserve are permitted activities. (ii) Existing Railway Reserve

39

The development and operation of a railway line on an existing but undeveloped railway reserve is a restricted discretionary activity. Council shall restrict the exercise of its discretion to the following matters;

• The avoidance, remedying or mitigation of any significant adverse effects on the affected environment resulting from the generation of noise, vibration, glare, lightspill, stormwater run-off, and dust emissions;

• Any displacement, dislocation or severance of the affected communities; • The avoidance, remedying or mitigation of any adverse effects on public

safety; • The integration with the existing transportation network, in particular

intersections with the roading network; • The safe and efficient operation of existing infrastructure; • The risk to the safety of the public; • The potential for material damage from erosion, subsidence, slippage,

inundation or other natural hazard events and the likelihood that the exacerbation of any of these processes is avoided, remedied or mitigated.

(iii) Rail Development Outside of Reserve or Designated Area The development and operation of a new railway line where there is no existing reserve or designation is a discretionary activity.






Rule 2.2(i) - Supports but seeks amendment Rule 2.2(ii) - Oppose

Rule 2.2(iii) - Supports but seeks amendment to restricted discretionary activity category and to ensure language consistent with KiwiRail language

Rule 2.2(i) – Amend to read: (i) Existing Railway Lines Corridor The maintenance and upgrading of existing rail lines the rail corridor (being the area designated under D38 and D38A), including the repair or replacement or upgrade of any associated structures, and the operation of rail services within an existing and developed railway reserve are permitted activities. Rule 2.2(ii) – delete. Rule 2.2(iii) – Amend to read: (iii) Rail Development Outside of the Railway Corridor and Designations D38 and D38A Reserve or Designated Area The development and operation of a new railway line where there is no existing reserve or designation is a restricted discretionary activity. Council shall restrict the exercise of its discretion to the following matters; o The avoidance, remedying or

mitigation of any significant adverse effects on the affected

40





environment resulting from the generation of noise, vibration, glare, lightspill, stormwater run-off, and dust emissions;

o The avoidance, remedying or mitigation of any adverse effects on public safety;

o The integration with the existing transportation network, in particular intersections with the roading network;

o The safe and efficient operation of existing infrastructure;

o The potential for material damage from erosion, subsidence, slippage, inundation or other natural hazard events and the likelihood that the exacerbation of any of these processes is avoided, remedied or mitigated.


in Part / Reject KiwiRail Holdings Ltd

Accept

REASON The Committee considers that the development and operation of new railway lines have the potential to generate significant adverse effects on amenity values and neighbouring properties. As a consequence, it is considered appropriate to assess the impact of new development through the resource consent process as a discretionary activity (if the development is not subject to a designation process). However the Committee did consider that Rule 2.2(ii) was not necessary and agreed with the changes sought to Rule 2.2(i). AMENDMENTS TO PROPOSED PLAN CHANGE (a) Amend Rule 2.2(i) to read: (i) Existing Railway Lines Corridor The maintenance and upgrading of existing rail lines the rail corridor (being the area designated under D38 and D38A), including the repair or replacement or upgrade of any associated structures, and the operation of rail services within an existing and developed railway reserve are permitted activities. (b) Delete Rule 2.2(ii).

41

(c) Amend Rule 2.2 (iii) as follows:

(iii)(ii)Rail Development Outside of Reserve or the Railway Corridor and Designations D38and D38A Area

The development and operation of a new railway line where there is no existing reserve or designation is a discretionary activity. 3.24 Rule 3. AIRPORTS The notified provision reads as follows: 3. AIRPORTS (i) Development of New Rural and Private Landing Strips Rural landing strips for fixed wing aircraft (including gliders) and landing pads for helicopters associated with normal rural land management practices or for the private purposes of the property occupier or for recreational and private purposes (of a non-commercial nature) by other than the occupier, are permitted activities provided they are not located within 500 metres of any dwelling or other building that accommodates people (excluding those located on the subject property), a registered building site, or a separate parcel of land capable of accommodating a dwelling. Any development that does not meet the permitted activity criteria is a discretionary activity. (ii) Balclutha Aerodrome The maintenance, operation and development of the Balclutha Aerodrome (as identified on Planning Maps U4 and U7) that is consistent with the relevant management plan are a permitted activity. Any development that is not consistent with the relevant management plan is a discretionary activity (iii) Commercial Airports, Landing Strips and Landing Pads Airports, Landing Strips and Landing Pads providing for the transport of passengers, freight transport services or that act as a base for commercial operations (including commercial recreation operations) are discretionary activities.





Transpower NZ Ltd

Support

Rule 3.1 – amend by adding the following note: Note: Transpower shall be consulted if the flight paths associated with the landing strip cross or the landing strip itself is located within 500m of any National Grid electricity transmission lines.


in Part / Reject

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Transpower NZ Ltd Reject REASON

The Council agrees with the Officer’s report that this issue would appear to be more of a matter for the Civil Aviation Authority rather than Council. From a resource management point of view, if a landowner complies with the conditions of the rule, Council does not become involved in the development of such strips. As a consequence Council would have no knowledge of their development or whether the notice provision was complied with. AMENDMENTS TO PROPOSED PLAN CHANGE No changes are required as a result of this decision.

3.25 Rule – 4. EXISTING NETWORK UTILITIES The notified provision reads as follows: 4. EXISTING NETWORK UTILITIES With respect to existing telecommunication facilities and existing National Grid electricity transmission facilities and/or activities, this rule only applies to such facilities and/or activities not provided for in and/or controlled through the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008 and the Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009. (i) The operation, maintenance, repair, replacement, reconstruction and upgrading of existing network utilities and infrastructure is a permitted activity. For the purpose of this rule ‘upgrading’ means:

(a) Increasing the capacity of existing lines on same support structures by increasing the number of circuits (sets of three conductors), including provision for minor strengthening.

(b) The resagging or bonding of conductors (c) Adding electrical fittings and/or longer or more efficient insulators. (d) Increasing the capacity of existing lines on same support structures by

either replacing existing conductors, including with higher capacity conductors, or increasing the number of conductors, including provision for minor strengthening.

(e) Installation of earthwires, which may contain telecommunication lines, earthpeaks and/or lightning rods on existing support structures, which do not currently have them to provide lightening protection and/or the installation of upgraded communication links.

(f) Support structure replacement within the same location as the support structure that is to be replaced and/or the replacement of existing cross-arms with cross-arms of an alternative design:

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(g) An increase in support structure height required to comply with the New Zealand Electrical Code of Practice 34:2001 by not more than 15% of the base height of the support structure, and where the base height is defined as the height of the structure at the date of public notification of the Plan;

(h) Increasing the voltage of an existing electricity line where that line is currently operating below its operating capacity.

(i) The replacement of existing poles, aerials, antenna, and dish antenna. (j) The addition of new aerials, antenna, and dish antenna not exceeding

3 metres in diameter on existing support structures or on replacement support structures of the same dimension.

(k) The addition or removal of mast fittings, to or from an existing mast including, for example, light fittings, lightening protection devices, and aerial mountings.

(l) Upgrading for safety purposes, including the replacement of a building or structure for safety reasons or replacing or altering fencing around a mast.

(m) Upgrading single phase electricity supply to three phase supply systems.

(n) Upgrading an existing mast for the purposes of rust prevention. (o) The upgrading of existing road, track or other access to an existing

mast or line without any increase in the width of the existing access, to ensure that persons operating and maintaining the mast have all-weather four wheel drive access.

(p) Any work where, following the upgrading, the effects are no more than 10% greater than the intensity and/or scale of the utility prior to upgrading.

(ii) The trimming and/or clearance of vegetation to enable the safe and efficient operation of utilities and infrastructure are a permitted activity. (iii) Any earthworks necessary to maintain the utility’s function or to carry out an activity permitted by Rule 4(i) is a permitted activity. (iv) The removal of network utilities and infrastructure is a permitted activity.





Chorus NZ Ltd

Supports in part

Rule 4 –amend rule 4(i) by adding references to “communication or electricity lines” in (a); add reference to “lines or” conductors in (b)and (d); add reference to “communications” in (c).


Supports but seeks amendment to clarify application of rule

Rule 4 - amend by adding the following: The following provisions do not apply to road, rail or airport infrastructure, as these are provided for under Rules 2 and 3.



44





Transpower NZ Ltd Support in part Amend by deleting the first paragraph.


in Part / Reject Chorus NZ Ltd; Transpower NZ Ltd;

Accept

OtagoNet Joint Venture; KiwiRail Holdings Ltd

Accept in part

REASON The Committee notes that the Chorus submission states that the type of line is irrelevant in determining effects which is accepted. For clarification purposes amending the rule as suggested by Chorus is considered appropriate by the Committee. The Committee also notes that KiwiRail has highlighted that the transportation network is provided for in other rules. However Rules 4(ii) to (iv) provide additional protection to the maintenance of transportation network. Given that the rule is not inconsistent with Rules 2 and 3, nothing is gained by adding the exemption but the certainty around the matters addressed in (ii) to (iv) would be lost if their amendment was made. However the Committee believes it is appropriate to clarify that many items in the list in (i) relating to ‘upgrading’ only relates to certain infrastructure. A note has also been added that identifies the other rules relevant to the transportation network. Transpower has requested that the reference to the regulations be deleted, which is considered appropriate by the Committee. This would also lead to the deletion of the reference to the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008. This reference should be retained but again should be positioned at the start of the rules section.

AMENDMENTS TO PROPOSED PLAN CHANGE Amend Rule 4 as follows:

(a) Delete first paragraph and add the following to Section 3.14.4:

With respect to existing telecommunication facilities these rules only apply to such facilities and/or activities not provided for in and/or controlled through the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008.

45

(b) Amend Rule 4(i) as follows:

(i) The operation, maintenance, repair, replacement, reconstruction and upgrading of existing network utilities and infrastructure is a permitted activity. For the purpose of this rule ‘upgrading’, in relation to the appropriate infrastructure, means: (a) Increasing the capacity of existing lines on same support structures by increasing the number of communication or electricity lines and circuits (sets of three conductors), including provision for minor strengthening. (b) The resagging or bonding of lines or conductors (c) Adding electrical or communication fittings and/or longer or more efficient insulators. (d) Increasing the capacity of existing lines on same support structures by either replacing existing lines or conductors, including with higher capacity lines or conductors, or increasing the number of lines or conductors, including provision for minor strengthening.

…

Note: There are also provisions in Rules 2 and 3 that apply to existing road, rail and airport infrastructure.

3.26 Rule 5 - BUILDINGS ANCILLARY TO OR ASSOCIATED WITH

INFRASTRUCTURE The notified provision reads as follows: 5. BUILDINGS ANCILLARY TO OR ASSOCIATED WITH INFRASTRUCTURE Buildings, excluding substations (see rule 12) and buildings provided for in rule 7 below, used for or in association with network utility activities are permitted activities throughout the District provided that:

(a) The building does not exceed 20m2 in gross floor area and/or 4m in height.

(b) The finish of the building shall be consistent with the surrounding environment.

(c) This rule does not apply to on land listed in the following tables and/or areas identified via the application of the following rules::

• Table 9 (SSWI Database); • Table 13.3A (Potentially Outstanding Landscapes); • Table 13.3B (Outstanding natural Features); • Table 13.5 (Significant Wetlands); • Table 13.6 (Waahi Tapu); • Table 13.7 (Waahi Taoka and Mahika Kai); • Table 13.8 (Areas of Significant Habitat); and • Any areas as defined by Rules RRA.13 or COA.6 as requiring a resource consent

46

Where conditions (a) and (b) cannot be met such activities shall be considered as restricted discretionary (activities. Council shall restrict the exercise of its discretion to the matter that cannot be complied with.

Such activities located within land listed under (c) shall be considered as discretionary activities.



specific provisions


Chorus NZ Ltd


Support in part, oppose in part. Notes overlap with cabinets rule and suggest they be combined or clarified. support

Amend as follows: ”Utility buildings (excluding substations (see rule 12), telecommunication cabinets and telephone booths not exceeding 15m² in area and 3m in height are permitted activities”.

OtagoNet Joint Venture Support Retain Telecom NZ Ltd


Support in part, oppose in part. Notes overlap with cabinets rule and suggest they be combined or clarified. support

Amend as follows: ”Utility buildings (excluding substations (see rule 12), telecommunication cabinets and telephone booths not exceeding 15m² in area and 3m in height are permitted activities”.


in Part / Reject Chorus NZ Ltd; OtagoNet Joint Venture ;Telecom NZ Ltd

Accept

REASON Chorus and Telecom note the potential conflict between this rule and Rule 9(ii) and request that the rule be amended to overcome that. This is considered appropriate. AMENDMENTS TO PROPOSED PLAN CHANGE Amend the first paragraph of Rule 5 as follows:

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Buildings, excluding substations (see rule 12) and buildings provided for in Rules 7 and 9(ii) below, used for or in association with network utility activities are permitted activities throughout the District provided that:.. 3.27 Rule 6 – Household Connections The notified provision reads as follows: 6. HOUSEHOLD CONNECTIONS AND STREET LIGHTING (i) Household Connections Household connections to gas, water, drainage, sewer pipes, and television, electricity and telecommunication services are permitted activities provided that:

(a) The services are constructed to, and conform to, the standards specified in NZS 4404:2004 Code of Practice for Urban Land Subdivision where relevant.

(b) They are provided underground in land listed in the following:

• Table 9 (SSWI Database); • Table 13.3A (Potentially Outstanding Landscapes); • Table 13.3B (Outstanding natural Features); • Table 13.5 (Significant Wetlands); • Table 13.6 (Waahi Tapu); • Table 13.7 (Waahi Taoka and Mahika Kai); • Table 13.8 (Areas of Significant Habitat); • the streetscape precincts identified in Schedule 13; and • in other circumstances where the service line is already

underground Except in respect of aerials, antenna and dish antenna that are attached to buildings.

(c) Where conditions (a) and (b) cannot be met such activities shall be considered as restricted discretionary activities. Council shall restrict the exercise of its discretion to the matter that cannot be complied with.

(ii) Street Lighting Poles and other support structures and connections to electricity supply for the purpose of street lighting are permitted activities.



specific provisions


Chorus NZ Ltd

Opposes (a) as too uncertain and NZS 4404 is not appropriate for Chorus connections. Opposes (b) as would require

Rule 6(a) - Amend to read: “Water, drainage and sewer The services ….Urban Land Subdivision where relevant.”

Rule 6(b) - Amend by deleting last bullet point

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specific provisions


undergrounding in certain areas whether or not existing infrastructure is underground.

(which requires undergrounding when service line is underground) and adding “or where the existing communications or electricity supply lines are above ground.”


in Part / Reject Chorus NZ Ltd

Reject

REASON The Committee notes that under the current construction of the rule, if the NZS is not relevant it doesn’t apply to such services. Hence the amendment sought by Chorus is not needed. With respect to deleting the undergrounding requirement in (b), these are sensitive environments and as such development will be required to achieve a high standard of design. AMENDMENTS TO PROPOSED PLAN CHANGE No changes are required as a result of this decision.

3.28 Rule 8 – Conveyance of Electricity The notified provision reads as follows: 8. CONVEYANCE OF ELECTRICITY This rule does not apply to activities provided for in Rule 4. Existing Utilities above. This Rule does apply to those electricity transmission facilities and/or activities not provided for by the Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009 and to distribution and reticulation lines. (i) Electricity Lines, including support structures. (a) Industrial Resource Areas New support structures not exceeding 13 metres in height are permitted activities in the Industrial Resource Area. (b) Rural Resource Area Except as provided in (ii) below, new overhead lines for the conveyance of electricity, including new support structures not exceeding 13 metres in height are permitted activities in the Rural Resource Areas, subject to compliance with relevant conditions set out in Rule 13 and the following additional conditions:

49

• Poles/support structures are located to ensure the safe and efficient operation of the transportation network is maintained;

• Any road surface affected by the construction of the new line shall be reinstated to a condition of a similar or improved standard to that which existed prior to commencement of the work;

• No such line shall be located within 50 metres of any dwelling, subdivision for residential purposes or registered building platform located within an adjoining property.

Where these conditions cannot be met, the activity shall be a restricted discretionary activity with Council’s discretion restricted to those matters listed in (c) below. (c) All Other Resource Areas and Lines Exceeding 13 metres in Height. Except as provided in (ii) below, new overhead lines for the conveyance of electricity, including new support structures, of any height located within in the Urban, Rural Settlement, and Transitional Resource Areas of the District, and new overhead lines for the conveyance of electricity, including new support structures that exceed 13 metres in height within the Rural and Industrial Resource Areas, are restricted discretionary activities. Council shall restrict the exercise of its discretion to the following:

• The avoidance, remedying or mitigation of adverse effects on general landscape and amenity values, and methods to avoid, remedy or mitigate adverse effects (including the undergrounding of such lines) having regard to the operational efficiency of the network concerned; • The avoidance, remedying or mitigation of any significant increase in risk to the safety of the public, in particular traffic safety; • The maintenance of the efficient operation of other utilities and infrastructure and recreational resources; • The avoidance, remedying or mitigation of adverse effects on the integrity of significant heritage and cultural values; • The avoidance, remedying or mitigation of adverse effects on the integrity of values of importance to Kai Tahu; • The avoidance, remedying or mitigation of construction effects such as the impact on traffic flows and road surfaces, and the effects of noise, vibration, lightspill, glare, stormwater run-off, and dust emissions; • The avoidance, remedying or mitigation of adverse effects on existing land uses.

Note: This does not apply to overhead lines, including support structures that are reticulating land within new subdivisions. The effects of lines reticulating land within new subdivisions shall be subject to the subdivision consent process. (ii) Electricity Lines, including support structures in Sensitive Areas.

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New lines, including pylons, poles and other support structures together with associated lines, ancillary structures and telecommunication facilities for the purpose of conveying electricity that are:

• located within land listed in the following tables and/or areas identified via the application of the following rules:

o Table 9 (SSWI Database); o Table 13.3A (Potentially Outstanding Landscapes); o Table 13.3B (Outstanding natural Features); o Table 13.5 (Significant Wetlands); o Table 13.6 (Waahi Tapu); o Table 13.7 (Waahi Taoka and Mahika Kai);

• Table 13.8 (Areas of Significant Habitat); and • Any areas as defined by Rule RRA.13 as requiring a resource consent

• located within the Coastal Resource Area; • located within the streetscape precincts identified in Schedule 13; • High voltage transmission lines designed to operate at or over 110kv that are

to be located within 32 metres of a building or structure (excluding fences) occupied by people or animals. The 32 metre distance shall be calculated horizontally each side of the centre line of the proposed high voltage transmission line;

are discretionary activities.





Chorus NZ Ltd

Support in part but seeks amendment to enable all types of lines

Retain but add “and communication” after all instances of “electricity”.

Transpower NZ Ltd

Supports in part Amend by deleting the first paragraph and amend 6th bullet point of (ii) as follows:

High voltage transmission lines designed to operate at or over 110kv that are to be located within 32 metres of a National Grid Sensitive Activity. building or structure (excluding fences) occupied by people or animals. The 32 metre distance shall be calculated horizontally each side of the centre line of the proposed high voltage transmission line; are discretionary activities.

Trustpower Oppose Ensure that transmission activities associated with existing energy facilities are

51





subject only to the rules in Chapter 3.4.


in Part / Reject Chorus NZ Ltd; Transpower NZ Ltd ; Trustpower

Accept

REASON The Committee notes that the plan change does not directly address communication lines and considers Chorus NZ Ltd amendments appropriate. Transpower’s submission is consistent with previous decisions while we note TrustPower’s submission in relation to transmission activities associated with existing energy facilities can be addressed by the addition of a note that advises where these activities are addressed. AMENDMENTS TO PROPOSED PLAN CHANGE Amend Rule 8 as follows:

(a) Amend the Rule heading by adding “and Communication Lines”. (b) Delete first paragraph and add the following note: This Rule does not apply to the system of electricity transmission (including substations) required to convey electricity to the distribution network and/or the national grid as provided for in the definition of ‘electricity generation facility’ (c) Add “and communication” after all instances of “electricity”.

3.29 Rule 9(i) – Telecommunications and Radiocommunication Structures The notified provision reads as follows: 9. TELECOMMUNICATION AND RADIOCOMMUNICATION STRUCTURES This rule does not apply to activities provided for in Rule 4. Existing Utilities above. This rule does apply to those telecommunication facilities not provided for by the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008. (i) Aerials, antenna, subscriber terminals/antennas, and dish antenna used for telecommunication and radiocommunication purposes are permitted activities provided that:

(a) Dish antenna does not exceed the following diameter: • 1.2 metres in the Urban Resource Areas

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• 1.8 metres in the “Service Retail Frontage” sites of the Urban Resource Areas

• 3 metres in the Industrial and Rural Resource Areas.

(b) The maximum height above the point of attachment to any building is no more than: • 2 metres in the Urban Resource Areas; • 5 metres in the “Service Retail Frontage” sites of the Urban Resource

Areas, Industrial and Rural Resource Areas. (c) This rule does not apply to areas:

• located within areas of outstanding landscape; • located within the Coastal Resource Area; • located within land listed in the following tables and/or areas identified via

the application of the following rules:

Table 9 (SSWI Database); Table 13.3A (Potentially Outstanding Landscapes); Table 13.3B (Outstanding natural Features); Table 13.5 (Significant Wetlands); Table 13.6 (Waahi Tapu); Table 13.7 (Waahi Taoka and Mahika Kai); Table 13.8 (Areas of Significant Habitat); and Any areas as defined by Rule RRA.13 as requiring a resource

consent





Chorus NZ Ltd

Rule 9(i)(b) - Support in part but should be adjusted so that there is no penalty for building mounted structures.

Add “or the maximum permitted height for telecommunication and radiocommunication structures for the zone (whichever is greater) after the height restriction in both bullet points.

Telecom NZ Ltd

Rule 9(i)(b) - Support in part but should be adjusted so that there is no penalty for building mounted structures.

Add “or the maximum permitted height for telecommunication and radiocommunication structures for the zone (whichever is greater) after the height restriction in both bullet points.


in Part / Reject Chorus NZ Ltd; Telecom NZ Ltd

Reject

53

REASONS The Committee notes that the rule deals with aerials and antenna attached to buildings. The rule makes an allowance for this apparatus to exceed the height of the building but not to a degree that significant adverse visual effects could be created. Where such apparatus is attached to a free standing telecommunication structure, Rules 9(iii) to (iv) apply.


3.30 Rule 9(ii) – Telecommunications and Radiocommunication Structures The notified provision reads as follows: 9. TELECOMMUNICATION AND RADIOCOMMUNICATION STRUCTURES This rule does not apply to activities provided for in Rule 4. Existing Utilities above. This rule does apply to those telecommunication facilities not provided for by the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008.

… (ii) Telecommunication cabinets and telephone booths not exceeding 15m² in area are permitted activities, except in areas identified as streetscape precincts in Schedule 13, in which case such activities shall be discretionary (restricted) activities. Council shall restrict the exercise of its discretion to the visual impact of the structures and methods to avoid, remedy or mitigate adverse effects having regard to the operational efficiency of the network concerned Note: definition of ‘telecommunication’ includes “radiocommunication and broadcasting.”





Chorus NZ Ltd

Support in part, oppose in part. Notes overlap with utility buildings rule and suggest they be combined or clarified.

Delete and replace with: ”Utility buildings (excluding substations (see rule 12), telecommunication cabinets and telephone booths not exceeding 15m² in area and 3m in height are permitted activities”.

Telecom NZ Ltd

Support in part, oppose in part. Notes overlap with utility buildings rule and suggest they be combined or clarified.

Delete and replace with: ”Utility buildings (excluding substations (see rule 12), telecommunication cabinets and telephone booths not exceeding 15m² in area and 3m in height are permitted activities”.

54



Accept in part

REASON This issue has been addressed in Decision 3.26.1 above in relation to Rule 5 BUILDINGS ANCILLARY TO OR ASSOCIATED WITH INFRASTRUCTURE. That decision makes an amendment to exempt Telecommunication cabinets and telephone booths from the requirements of Rule 5. This will provide the clarification sought. AMENDMENTS TO PROPOSED PLAN CHANGE The changes recommended under Section 3.26.3 above inserts an exception into Rule 5. BUILDINGS ANCILLARY TO OR ASSOCIATED WITH INFRASTRUCTURE by amending the first paragraph to read as follows: “Buildings, excluding substations (see rule 12) and buildings provided for in Rules 7 and 9(ii) below, used for or in association with network utility activities are permitted activities throughout the District provided that:..”

3.31 Rule 9(iii) – Telecommunications and Radiocommunication Structures The notified provision reads as follows: 9. TELECOMMUNICATION AND RADIOCOMMUNICATION STRUCTURES This rule does not apply to activities provided for in Rule 4. Existing Utilities above. This rule does apply to those telecommunication facilities not provided for by the Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008. … (iii) Telecommunication and radiocommunication structures (above ground) not exceeding 25 metres in height are:

(a) Permitted activities in the Rural Resource Area and the Industrial Resource Area (except for lattice towers) provided they are set back a minimum of 200 metres from any dwelling or other building that accommodates people (excluding those located on the subject property) and any registered building site, and a minimum of 50-metres from any other legal boundary; and

(b) Restricted discretionary activities in all other areas of the District

(except for lattice towers), Provided that this does not apply to areas:

55

• located within the Coastal Resource Area. • located within land listed in the following tables and/or areas identified via the

application of the following rules:


consent

• located within the streetscape precincts identified in Schedule 13.

With respect to Rule (iii) (b), Council shall restrict the exercise of its discretion to the visual impact of those structures and methods to avoid, remedy or mitigate adverse effects having regard to the operational efficiency of the network concerned. For the purposes of this rule, aerials, antenna with an area of 1m² or less, lightning rods, and dish antenna with a diameter of no more than 1.2 metres are excluded from the height calculation. For the purposes of this rule, lattice towers are self-supporting structures of cross beams or bars with spaces between as opposed to masts where the diameter at the base of the structure is approximately the same as the diameter at the top of the structure (whether or not the masts are held up by wires).





Chorus NZ Ltd

Oppose, not aligned with the policy framework, the NES or part of 2 of the RMA.

Delete and replace with the following:

• Telecommunications cabinet and radiocommunications equipment cabinets in road reserve that exceed Telecommunications NES size requirements as restricted discretionary activities.

• Telecommunications cabinet and

radiocommunications equipment cabinets outside road reserve up to 3m high and 10m² in area as permitted activities.

• Mobile telephone and other wireless

56





equipment cabinets in road reserve that exceed Telecommunications NES size requirements as restricted discretionary activities.

• Standalone masts and attached

antennas for radiocommunciation up to the following heights as permitted activities:

Industrial, rural, CBD and town centres – 25m

Commercial - 20m Strip Shops, local shops –

15m Residential – 10m

• Telecommunications and

radiocommunications facilities that do not comply with the above performance standards to be restricted discretionary activities, with the Council’s discretion restricted to:

The adverse effects of not meeting the performance standard;

The operational need for the location and the design;

The benefits to the wider community.

Telecom NZ Ltd

Oppose, not aligned with the policy framework, the NES or part of 2 of the RMA.

Delete and replace with the following:

• Telecommunications cabinet and radiocommunications equipment cabinets in road reserve that exceed Telecommunications NES size requirements as restricted discretionary activities.

• Telecommunications cabinet and

radiocommunications equipment cabinets outside road reserve up to 3m high and 10m² in area as permitted activities.

• Mobile telephone and other wireless

equipment cabinets in road reserve that exceed Telecommunications NES size requirements as restricted discretionary activities.

• Standalone masts and attached

antennas for radiocommunciation up to the following heights as permitted activities:

Industrial, rural, CBD and town centres – 25m

Commercial - 20m Strip Shops, local shops –

57





15m Residential – 10m

• Telecommunications and

radiocommunications facilities that do not comply with the above performance standards to be restricted discretionary activities, with the Council’s discretion restricted to:

The adverse effects of not meeting the performance standard;

The operational need for the location and the design;

The benefits to the wider community.



Accept in part

REASON The Committee notes that the submitters support the officer’s recommendation in respect to this rule. The Officer’s report notes that the NES applies to activities within the road reserve and that this rule only applies to facilities not provided for by the NES. The Committee agrees that the default position for facilities that do not comply with the NES should be a discretionary activity status and has adopted that position accordingly. The Committee also agrees that provision should be made for a permitted activity standard within the Urban Resource Area of the District Plan and notes that the submitter accepted the officer’s recommendation of a permitted activity standard in the commercial and residential areas of the District of 15 and 10 metres respectively. This has been adopted accordingly. AMENDMENTS TO PROPOSED PLAN CHANGE

(a) Amend Rule 9(iii) as follows:

(iii) Telecommunication and radiocommunication structures (above ground) not exceeding 25 metres in height are: With the exception of Telecommunication and radiocommunication structures located within areas listed in (v) below, the following are permitted activities:

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(a) Telecommunication and radiocommunication structures (excluding lattice towers) not exceeding 25 metres in height in the Rural Resource Area and the Industrial Resource Area (except for lattice towers) provided they are set back a minimum of 200 metres from any dwelling or other building that accommodates people (excluding those located on the subject property) and any registered building site, and a minimum of 50-metres from any other legal boundary; and

(b) Telecommunication and radiocommunication structures (excluding

lattice towers) not exceeding 15 metres in height in the Urban Resource Area where they adjoin a non-residential activity.

(c) Telecommunication and radiocommunication structures (excluding

lattice towers) not exceeding 10 metres in height in the Urban Resource Area where they adjoin a residential activity.

Restricted discretionary activities in all other areas of the District (except for

lattice towers), Provided that this does not apply to areas:

• located within the Coastal Resource Area. • located within land listed in the following tables and/or areas identified via the

application of the following rules:


consent

• located within the streetscape precincts identified in Schedule 13.

With respect to Rule (iii) (b), Council shall restrict the exercise of its discretion to the visual impact of those structures and methods to avoid, remedy or mitigate adverse effects having regard to the operational efficiency of the network concerned. For the purposes of this rule, aerials, antenna with an area of 1m² or less, lightning rods, and dish antenna with a diameter of no more than 1.2 metres are excluded from the height calculation. For the purposes of this rule, lattice towers are self-supporting structures of cross beams or bars with spaces between as opposed to masts where the diameter at the

59

base of the structure is approximately the same as the diameter at the top of the structure (whether or not the masts are held up by wires). With respect to (b) and (c) above, where a Telecommunication or radiocommunication structure adjoins both a residential activity and a non-residential activity, the 10 metre maximum height shall apply. (b) Amend Rule 9(iv) as follows:

(iv) Telecommunication and radiocommunication structures that exceed 25 metres in height (above ground) do not comply with Rule 9(iii) and lattice towers are discretionary activities.

3.32 Rule 10 – Meteorological Facilities The notified provision reads as follows: 10. METEOROLOGICAL FACILITITIES Meteorological facilities are permitted activities provided that:

(a) This does not apply such activities: • located within land listed in the following tables and/or areas identified via the

application of the following rules::


consent • located within the Coastal Resource Area • located within the streetscape precincts identified in Schedule 13

(b) The maximum height of all structures including masts shall not exceed 7 metres in Urban, Rural Settlements and Industrial Resource Areas except where attached to the top of a building then the maximum height above point of attachment to any building shall be 2 metres.

(c) The maximum height of all structures including masts shall not exceed 80

metres in Rural Resource Area subject to the following conditions: • where attached to the top of a building then the maximum height above

point of attachment to any building shall be 5 metres; • the mast is set back a minimum of 200 metres from any dwelling or

other building that accommodates people (excluding those located on the subject property) and any registered building site

60

• the mast is set back a minimum of 50-metres from any other legal boundary

• the mast shall not have a diameter that exceeds 500mm.

(d) No building or structure shall be sited closer than 10 metres to the boundary of a site used for a residential activity.

(e) Maximum floor area of any structure shall not exceed 50m2.

Where conditions (b) to (e) can not be met or where such activities are to be located within the land identified in (a), then such activities shall be considered as restricted discretionary activities. Council shall restrict the exercise of its discretion to the following matters:

• The avoidance, remedying or mitigation of adverse effects on general landscape and amenity values, having regard to the operational efficiency of the network concerned; • The avoidance, remedying or mitigation of adverse effects on ecological values, having regard to the operational efficiency of the network concerned; • The avoidance, remedying or mitigation of any significant increase in risk to the safety of the public, in particular traffic safety; • Provisions for the efficient operation of other existing utilities and infrastructure; • The avoidance, remedying or mitigation of adverse effects on the integrity of significant heritage and cultural values; • The avoidance, remedying or mitigation of adverse effects on the integrity of values of importance to Kai Tahu; • The avoidance, remedying or mitigation of construction effects such as the impact on traffic flows and the effects of noise, vibration, lightspill, glare, stormwater run-off, and dust emissions;





Trustpower

Oppose

Ensure that Meteorological Facilities associated with existing or proposed energy facilities are subject only to the rules in Chapter 3.4.


in Part / Reject Trustpower

Accept

REASON

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The Committee notes that TrustPower’s submission in relation to meteorological facilities associated with existing energy facilities can be addressed relatively simply by the addition of a note that advises where these activities are addressed. AMENDMENTS TO PROPOSED PLAN CHANGE

Amend Rule 10 by adding the following note:

This Rule does not apply to the erection of meteorological masts for the identification and assessment of potential sites and energy sources for electricity generation and research-scale investigation into emerging electricity generation technologies and methods as provided for by Section 3.4 Energy.

3.33 Rule 12 – Substations The notified provision reads as follows: 12. SUBSTATIONS (i) Distribution substations up to 66kV are permitted activities provided that:

(a) This does not apply to such activities: • located within land listed in the following tables and/or areas identified via

the application of the following rules: Table 9 (SSWI Database); Table 13.3A (Potentially Outstanding Landscapes); Table 13.3B (Outstanding natural Features); Table 13.5 (Significant Wetlands); Table 13.6 (Waahi Tapu); Table 13.7 (Waahi Taoka and Mahika Kai); Table 13.8 (Areas of Significant Habitat);and Any areas as defined by Rule RRA.13 as requiring a resource

consent. • located within the Coastal Resource Area • located within the streetscape precincts identified in Schedule 13 • substations associated with electricity generation facilities (see Energy

Section) (b) The relevant standards set out in Rule 13 are complied with. (ii) Substations not provided for in (i) above are discretionary activities provided that in the Industrial Resource Area substations of any size are permitted activities except where the substation adjoins or faces across a road an Urban or Rural Settlement Resource Area in which case substations are discretionary activities.






Oppose in part

Amend by adding reference to ‘Rural Resource

62





Area’ in last paragraph.

Transpower Support Retain Trustpower

Oppose Ensure that substations associated with existing or proposed energy facilities are subject only to the rules in Chapter 3.4


in Part / Reject OtagoNet Joint Venture

Reject

Transpower; Trustpower

Accept in part

REASON The OtagoNet submission requests that substations of any size be permitted in the Rural Resource Area on the basis that they can be effectively integrated into the rural environment with appropriate location and design. While the Committee accepts this may be so, we agree with the Officer’s report that large scale substations should be considered through the consent process to ensure that the location and design is appropriate. The Committee also agrees it is appropriate to reiterate that substations associated with electricity generation facilities are not subject to this rule.

AMENDMENTS TO PROPOSED PLAN CHANGE Amend Rule 10 by adding the following note:

Note: Substations associated with electricity generation facilities are provided for in Section 3.4 Energy and are not subject to these rules.

3.34 Rule 13 – Standards for Utilities The notified provision reads as follows: 13. STANDARDS FOR UTILITIES The following standards shall apply to all infrastructure, including permitted activities, where relevant: (a) Ground Disturbance

63

(i) Where the construction, maintenance, relocation or removal of infrastructure involves disturbance to the ground, at the completion of the work the ground shall be reinstated to a condition of a similar or improved standard to that which existed prior to commencement of the work. Reinstatement shall ensure any slumped areas are restored to the ground level that existed before the ground was disturbed. Should ground disturbance be required to be undertaken in areas adjoining Public Conservation Land and/or land located within the tables identified Policy INF.1 above, plant and machinery shall be effectively cleaned of weed seeds and/or weed material. Reinstatement of indigenous vegetation shall be on a “like with like” basis and any plants with wilding potential shall not be planted.

(ii) All earthworks or other ground disturbance activities undertaken in the vicinity of water bodies shall be managed to ensure that contaminants (including sediment run-off from stockpiles and hazardous substances) do not enter the water body.

(b) Accidental Discovery Protocol The accidental discovery of cultural and/or archaeological material shall be managed in accordance with the “Accidental Discovery Protocol” attached at Schedule 12. (c) Redundant Structures That where equipment or structures not being defined as “existing works” under the Electricity Act 1992 or Telecommunication Act 1987 are made redundant for whatever reason, they shall be removed and the site restored and rehabilitated to the standard of surrounding land within 6 months of the facility becoming redundant. (d) Landscaping For above ground structures (excluding lines and support structures for lines): (i) Those areas not occupied by structures or used for the operation of the

facility, access or parking shall be planted for amenity purposes. (ii) In addition to (i) above, for permitted substations a strip of amenity treatment

that provides a screening effect shall be provided either around the outside of the group of facilities which together comprise a substation or within or around the perimeter of the site.

Amenity treatment shall include trees or shrubs (without wilding potential as defined in the Canterbury/Otago “Plant Me Instead” guide – refer to the “Weedbuster” website) designed to achieve substantial screening of the equipment (excluding pylons, poles, or termination structures) at maturity while not comprising electricity security and/or safety or the objective of the structure. (e) Parking Parking shall be provided on the following basis: (i) Where sites are unstaffed no parking shall be required. (ii) Where sites are staffed, parking, (in accordance with the standards set out in

Rule TRAN.6), shall be provided on the basis of one space per person normally working at the site.

(f) Radio Frequency Radiation

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All facilities and infrastructure shall comply with the relevant provisions of New Zealand Standard NZS 2772.1 (1999) (Radio Frequency Fields) Part 1: Maximum Exposure Levels 3kHz – 30 GHz as measured in accordance with the applicable Interim Australia New Zealand Standard principles and methods of measurement at points where the public has access and NZS 6609: Part 2: 1990 (Radio Frequency radiation Part II: Principles and Methods of Measurement 100kHz – 300 GHz). (g) Noise The rules and methods of Sections 3.13.4 and Section 3.13.5 shall apply to the noise effects of infrastructure. Where there is no specific New Zealand or other standard listed in this section, the standards of the relevant Resource Areas shall apply. h) Vibration Vibration from construction activity shall comply with the peak particle velocity limits in table 1 of German Standard DIN 4150-3:1999 Structural Vibration – Effects of Vibration on Structures (i) As Built Plans Two copies of “As Built” plans, in a form as determined in consultation with Council’s chief engineer, of all infrastructure are to be supplied to Council within three months of completion of all works except where a different time period is stipulated in a resource consent. (j) Building Bulk and Location Except as specifically provided elsewhere in this section, all buildings (excluding lines and masts) shall comply with the bulk and location standards of the underlying Resource Area. (k) Glare No building shall be constructed, and/or left unfinished and/or clad in any protective material or cover which could reflect sufficient light to detract from the amenities of the neighbourhood, cause significant discomfort to residents in the locality or detract from traffic safety. Rule AME.2 Glare shall apply. (l) Construction Standards Public and private drains, pumping stations and all connections thereto shall be constructed in accordance with the standards specified in New Zealand Standard NZS 4404:2004 Code of Practice for Urban Land Subdivision unless determined otherwise as part of a subdivision consent process. (m) Separation Distances Oxidation ponds or sewerage treatment facilities with the capacity of serving the equivalent of 50 or more people shall locate no closer than 150m from any residential building or other buildings primarily occupied by people for whatever purpose or 300m from any Urban, Transitional or Rural Settlement Resource Area.

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Chorus NZ Ltd Further Submitter – OtagoNet Joint Venture

Rule 13.(c) Oppose as it is confusing and not consistent with good RMA practice. Rule 13(d) Oppose. Condition uncertain and inappropriate. Support in part Rule 13(f) Oppose Rule 13(i) Oppose. Not appropriate for privately owned infrastructure. Rule 13(j) Oppose. Creates confusion and overlap with rules for utility buildings and cabinets.

Delete. At least update reference to Telecommunications Act Delete Delete. If considered essential, cross reference to radiofrequency emission requirements of NES. Delete Delete

NZ Transport Agency

Title should be renamed given Section 3.14 is to be renamed Need to recognise in (g) that vehicles can produce noise and that transportation infrastructure is not compromised by reverse sensitivity issues involving noise.

13. Standards for Utilities – replace “utilities with “infrastructure”. 13. Standards for Utilities(g) – add “(g)Noise The noise limits above shall not apply to noise from vehicles on a public road”


13(d) and (f) - support

Retain

Telecom NZ Ltd

Rule 13.(c) Oppose as it is confusing and not consistent with good RMA practice. Rule 13(d) Oppose. Condition uncertain and inappropriate. Rule 13(f)

Delete. At least update reference to Telecommunications Act Delete Delete. If considered essential, cross

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Oppose Supports in part Rule 13(i) Oppose. Not appropriate for privately owned infrastructure. Rule 13(j) Oppose. Creates confusion and overlap with rules for utility buildings and cabinets.

reference to radiofrequency emission requirements of NES. Delete Delete

Transpower Further Submitter – OtagoNet Joint Venture

Support 13 a, b, c, d, e, g, h, I, j and k. Opposes in part rule 13(f) Opposes

Retain

Rule 13(f) - amend as follows:

(f) Radio Frequency Radiation All facilities and infrastructure shall comply with the relevant provisions of New Zealand Standard NZS 2772.1 (1999) (Radio Frequency Fields) Part 1: Maximum Exposure Levels 3kHz – 30 GHz as measured in accordance with the applicable Interim Australia New Zealand Standard principles and methods of measurement at points where the public has access and NZS 6609: Part 2: 1990 (Radio Frequency radiation Part II: Principles and Methods of Measurement 100kHz – 300 GHz). All facilities and infrastructure shall comply with the relevant provisions of the International Commission on Non-ionising Radiation Protection Guidelines for limiting exposure to time varying electric magnetic fields (1 Hz - 100 kHz). Health Physics 99(6):818-836; 2010 and recommendations from the World Health Organisation monograph Environment Health Criteria (No 238, June 2007) or revisions thereof and any applicable New Zealand standards or national environmental standards. The electric and magnetic fields exposure at or beyond the boundary of any site containing a facility emitting electric and magnetic fields shall be such as to comply with all relevant New

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Zealand standards and international guidelines.


in Part / Reject Chorus NZ Ltd; NZ Transport Agency; OtagoNet Joint Venture; Telecom NZ Ltd; Transpower

Accept in part

REASONS The Committee notes that the submitters raise a numbers of issues in relation to this rule and have adopted the format of the Officer’s report accordingly. (i) Rule Heading The Committee agrees that NZTA suggestion to change the heading to ‘Infrastructure’ is considered appropriate. (ii) Redundant Structures The Committee acknowledges and understands the concern raised by the two submitters but note that the permitted activity rules apply to infrastructure that is operating, not redundant structures which would no longer have existing use rights. The Committee agrees that the standard is useful to ensure infrastructure that is no longer used for whatever purpose is removed so it does not deteriorate to a state that may cause a health and safety concern or detract from the visual amenities. (iii) Landscaping The Committee notes that the standard really only has practical application to substations so accepts the officer’s recommendation that it be removed from this section and included in Rule 12. (iv) Radio Frequency Radiation The Committee accepts that the Telecommunications NES overrides the District Plan rule and that the Transpower amendment appears to reflect the most up to date position on the issue (and the NES). The changes sought have been incorporated into the rule. (v) Noise With respect to the NZTA request that the ‘Noise’ standard be amended to exempt vehicles on a public road, the Committee notes that this is not necessary given the Act already provides this exemption. (vi) ‘As Built’ Plans

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With respect to the submissions on ‘as-built’ plans for privately owned infrastructure, we are aware that infrastructure is quite often located within Council owned roads which contain numerous other reticulated infrastructure services. They also service subdivisions and development that Council assesses through resource consents. Hence the Committee agrees with the Officer’s report that provision of ‘as-built’ plans is considered necessary to ensure there is no conflict with other services and that they do not compromise the structural integrity or maintenance of the road they are located within. (vii) Building Bulk and Location The Committee notes that buildings are specifically dealt with in Rule 5 so this rule is not needed and has been deleted. AMENDMENTS TO PROPOSED PLAN CHANGE Amend Rule 13 as follows: (a) Delete the word ‘utilities’ from the heading and substitute with “infrastructure”. (b) Amend (c) Redundant Structures to read as follows:

That where equipment or structures not being defined as “existing works” under the Electricity Act 1992 or Telecommunication Act 1987 are made redundant for whatever reason, they shall be removed and the site restored and rehabilitated to the standard of surrounding land within 6 months of the facility becoming redundant.

(c) Delete (d) Landscaping and amend Rule 12(i)Substations by adding the

following: (c) A strip of planting for amenity treatment purposes that provides a

screening effect shall be provided either around the outside of the group of facilities which together comprise a substation or within or around the perimeter of the site.

Amenity treatment shall include trees or shrubs (without wilding potential as defined in the Canterbury/Otago “Plant Me Instead” guide – refer to the “Weedbuster” website) designed to achieve substantial screening of the equipment (excluding pylons, poles, or termination structures) at maturity while not comprising electricity security and/or safety or the objective of the structure. (d) Delete the paragraph after (f) Radio Frequency Radiation and substitute with

the following: All facilities and infrastructure shall comply with the relevant provisions of the International Commission on Non-ionising Radiation Protection Guidelines for limiting exposure to time varying electric magnetic fields (1 Hz - 100 kHz). Health Physics 99(6):818-836; 2010 and recommendations from the World Health Organisation monograph Environment Health Criteria (No 238, June

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2007) or revisions thereof and any applicable New Zealand standards or national environmental standards. The electric and magnetic fields exposure at or beyond the boundary of any site containing a facility emitting electric and magnetic fields shall be such as to comply with all relevant New Zealand standards and international guidelines.

Note: With respect to telecommunication structures, The Resource Management (National Environmental Standards for Telecommunication Facilities) Regulations 2008 is the relevant standard in this regard. (e) Delete (j) Building Bulk and Location.

3.35 Rule 14 – Breach of Standards and Rules The notified provision reads as follows: 14. BREACH OF STANDARDS AND RULES AND UTILITIES NOT REFERRED TO Unless otherwise stated, any activity that fails to comply with any relevant standard or condition set out in Rules 2 to 13, and any utility activity not specifically referred to in this Section of this Plan, shall be a discretionary activity.





Transpower

Support

Retain


in Part / Reject Transpower

Accept

REASON The submitter supports the rule. AMENDMENTS TO PROPOSED PLAN CHANGE

No changes are required as a result of this decision.

PLAN CHANGE 33.2 – SECTION 3.11

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3.36 Rule AME.9 – Activities within Electricity Transmission Line Corridors The notified provision reads as follows: Rule AME.9 Activities within Electricity Transmission Line Corridors (i) No buildings or structures shall be located within 32 metres of the centre line

of an electricity transmission line. Buildings and structures that do not comply with this standard shall be considered as discretionary activities.

(ii) Earthworks within 12 metres of the centreline of the closest visible edge of a

high voltage transmission line support structure and earthworks that raise the ground level beneath a transmission line are restricted discretionary activities.

Council shall restrict the exercise of its discretion to the effects on the integrity

of the transmission network (including the operational efficiency of the network) and effects on the health and safety of people and property.





Federated Farmers Further Submitter – Transpower

Rule AME.9(i) - Oppose extent of 32m corridor and discretionary activity status for building not compliant with rule.

oppose

Rule AME.9(i): 1. In the first instance:

• Delete proposed rule AME.9 Activities within Electricity Transmission Line Corridors

• Develop a new rule, noting that all buildings, structures and earthworks need to comply with the New Zealand Electrical Code of Practice for Electrical Safe Distances (NZCEP 34:2001).

• Develop a new rule or rules (including if necessary specific Zone rules to reflect relative risk) specifying appropriate setbacks for and only for ‘sensitive activities’; schools, houses, hospitals and buildings where people live.

2. Failing adoption of the recommendations in

(1), reduce the proposed corridor to 10m and provide for the specific exclusion of farm buildings and changes to existing dwellings from this rule.

3. Change the activity status for those activities not meeting AME.9 Activities within Electricity Transmission Line Corridors, from Discretionary to Restricted Discretionary, with Council’s discretion restricted to matters relevant to the particular risks posed by each building or structure.

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Further Submitter – Transpower

Rule AME.9(ii) - Agrees that should be some reasonable restrictions around earthworks but proposed rule captures a number of reasonable farming practices that pose no threat to transmission line structure oppose

Rule AME.9(i):

1. Either amend Rule AME.9 to below, or words to similar effect:

(ii) Earthworks within 12 metres of the centreline of the closest visible edge of a high voltage transmission line support structure shall comply with NZCEP 34:2001. (iii) Earthworks and earthworks that do not comply with NZCEP 34:2001 raise the ground level beneath a transmission line are restricted discretionary activities. Council shall restrict the exercise of its discretion to the effects on the integrity of the transmission network (including the operational efficiency of the network) and effects on the health and safety of people and property.

2. Or, delete proposed Rule AME.9, and insert the following (ii) Any earthworks within 12 metres of a high voltage transmission line designed to operate at or over 110kV or within 12 metres of the outer visible edge of a tower support structure shall comply with the following standards:

(a) Earthworks within 2.2m of a pole support structure shall not be greater than 300mm in depth.

(b) Earthworks between 2.2m and 5m of a pole support structure shall not be greater than 750mm in depth;

(c) Earthworks within 6m of the outer visible edge of a tower support structure shall not be greater than 300mm in depth;

(d) Earthworks between 6m and 12m of the outer visible edge of a tower support structure shall not be greater than 3m in depth;

(e) Earthworks shall not create an unstable batter

(f) Earthworks shall not result in reduction of the existing conductor clearance distance above the ground

Provided that:

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• The earthworks standards in Rule AME.9 (ii)a) and (b) do not apply to vertical holes, not exceeding 500mm in diameter, beyond 1.5m from a pole support structure;

• The earthworks standards in Rule AME.9 (ii)do not apply to the repair, sealing, or resealing of an existing road, farm track, driveway or footpath.

Any activity that does not comply with this rule is a discretionary (restricted) activity. Council shall restrict the exercise of its discretion to the following matters: 1. Any effects in terms of the

structural integrity of the transmission line;

2. Volume, area and location of the earthworks, including temporary activities such as stockpiles;

3. Site reinstatement; 4. The use of mobile

machinery near the transmission line which may put the line at risk;

5. Compliance with NZECP 34:2001; and

6. The outcome of any consultation with the transmission line owner.


Oppose Rule AME.9 – Amend by adding “Network Utilities within a transport corridor or any part of electricity infrastructure that connects to the National Grid is exempt from Rule AME.9”

Transpower Further Submitter –

Supports intent but can support a more complicated but more permissive approach to management of activities around the National Grid

Rule AME.9 - delete and substitute with the following:

Rule AME.9 Buildings and Structures within a National Grid Yard (a)On all sites within any part of the National Grid Yard the following buildings and structures are a permitted activity: (i) If they are for an existing National Grid sensitive activity and do not involve an increase

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Federated Farmers Further Submitter – Federated Farmers

Supports in part Supports in part

in the building height or footprint where alterations and additions to existing buildings occur; or existing buildings occur; or (ii) A fence; or (iii) A network utility within a transport corridor or any part of electricity infrastructure that connects to the National Grid; or (iv) An uninhabitable farm building or structure for farming activities (but not a milking/dairy shed, or intensive farming buildings (excluding ancillary structures)); or (v) An uninhabited horticultural building or structure; or (vi) Any public sign required by law or provided by any statutory body in accordance with its powers under any law. (b) All buildings or structures permitted by a) must comply with at least one of the following conditions: (i) A minimum vertical clearance of 10m below the lowest point of the conductor associated with National Grid lines; or (ii) Demonstrate that safe electrical clearance distances are maintained under all National Grid line operating conditions. (c) All buildings or structures permitted by a) above shall be located at least 12m from a National Grid support structure unless it is a: (i) Network Utility within a transport corridor or any part of electricity infrastructure that connects to the National Grid. (ii) Fence less than 2.5m in height and more than 5m from the nearest support structure. (iii) Horticultural structure between 8m and 12m from a pole support structure that: i. Meets the requirements of the New Zealand Electrical Code Of Practice for Electrical Safe Distances for separation distances from the conductor (NZECP34:2001); ii. Is no more than 2.5m high; iii. Is removable or temporary, to allow a clear working space 12 metres from the pole when necessary for maintenance and emergency repair purposes; and iv. Allow all weather access to the pole and a sufficient area for maintenance equipment, including a crane. Rule AME.10 The following buildings and structures are a non-complying activity within the National Grid Yard:

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Further Submitter – Federated Farmers

Supports in part

(a) Any building or addition to a building for a sensitive activity. (b) Any change of use to a sensitive activity or the establishment of a new sensitive activity. (c) Intensive farm buildings and dairy/milking sheds or buildings excluding associated ancillary structures. (d) Any building or structure not permitted by Rule AME.9 Rule AME.11 Earthworks within the National Grid yard are a permitted activity provided that: a) within a distance measured 12 metres from the outer visible edge of any National Grid support structure, any earthworks shall not exceed a depth (measured vertically) of 300mm; and b) any earthworks shall not create an unstable batter that will affect a National Grid support structure; and c) any earthworks shall not result in a reduction in the ground to conductor clearance distances below what is required by Table 4 of NZECP34: 2001 The following activities are exempt from Rule AME.11 a) above: (A) Earthworks undertaken in the course of constructing or maintaining infrastructure (B) Normal agricultural activities or domestic gardening. (C) Repair, sealing resealing of an existing road, footpath, farm track or driveway. Rule AME.12 Any earthworks that do not comply with Rule AME.11 a) shall be a restricted discretionary activity. The matters over which the Council will exercise its discretion are: • Any effects on the integrity of the transmission line; • Volume, area and location of the works, including temporary activities such as stockpiles; • Time of the works; • Site remediation; • The use of mobile machinery near transmission line which may put the line at risk; • Compliance with NZECP 34:2001; and • Technical or safety advice provided by any consultation with Transpower New Zealand Limited. Rule AME.12a Any earthworks that do not comply with Rule AME.11 b) or Rule AME.11 c) shall be a non-complying activity Note: Vegetation to be planted within the

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transmission corridor should be selected and/or managed to ensure that it will not result in that vegetation breaching the Electricity (Hazards from Trees) Regulations 2003. Note: The New Zealand Electrical Code of Practice for Electrical Safe Distances (NZECP 34: 2001) contains restrictions on the location of structures and activities in relation to the lines. Compliance with the permitted activity standards of the Plan does not ensure compliance with the Code of Practice.


in Part / Reject Federated Farmers; OtagoNet Joint Venture; Transpower

Accept in part

REASON The Committee notes Transpower NZ has requested the inclusion of a more complicated but more permissive approach to the management of activities around the National Grid. Federated Farmers, who opposed the proposed rules, are generally supportive of this approach except with the inclusion of dairy sheds from the permitted rules and some restrictions on earthworks. The Committee considers the changes sought by Transpower to be appropriate and will ensure the NPSET is given effect to. With respect to the dairy shed issue, we note this issue has recently been determined in the Environment Court, via consent orders between the parties, in relation to the Waimate and Central Otago District Plans. Those consent orders both exclude dairy sheds from within the setback (although the Central Otago order allows wintering sheds under certain circumstances). The Committee agrees with the Officer’s report that adopting provisions already agreed to is the most appropriate approach. While we acknowledge the concerns of Federated Farmers, we doubt that this is a significant issue within the Clutha District. Furthermore we note that dairy sheds are occupied by people for significantly longer periods than other buildings and consider a setback for safety reasons is appropriate. With respect to earthworks, Federated Farmers submit that the proposed new rule significantly exceeds the requirements of NZ Electrical Code of Practice for Electrical Safe Distances NZECP 34:2001. They request that this either be cross-referenced or the safety distances of the standard be included in the plan. However the evidence presented by Transpower indicates that the code is not effective at managing issues

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such as ground instability causing collapse of poles and towers, and providing access for maintenance. Hence the Committee feel it is appropriate to incorporate the rules as requested. Furthermore we note that the exemptions provided include normal agricultural activities and track maintenance so normal farming activities should not be unduly compromised. We also note that accepting Transpower’s submission also satisfies the matters raised in the submission of OtagoNet Joint Venture. AMENDMENTS TO PROPOSED PLAN CHANGE

Delete Rule AME.9 and replace with the following:

Rule AME.9 Buildings and Structures within a National Grid Yard (a)On all sites within any part of the National Grid Yard the following buildings and structures are a permitted activity: (i) If they are for an existing sensitive activity and do not involve an increase in the building height or footprint where alterations and additions to existing buildings occur; or (ii) A fence; or (iii) A network utility within a transport corridor or any part of electricity infrastructure that connects to the National Grid; or (iv) An uninhabitable farm building or structure for farming activities (but not a milking/dairy shed, or intensive farming buildings (excluding ancillary structures)); or (v) An uninhabited horticultural building or structure; or (vi) Any public sign required by law or provided by any statutory body in accordance with its powers under any law. (b) All buildings or structures permitted by a) must comply with at least one of the following conditions: (i) A minimum vertical clearance of 10m below the lowest point of the conductor associated with National Grid lines; or (ii) Demonstrate that safe electrical clearance distances are maintained under all National Grid line operating conditions. (c) All buildings or structures permitted by a) above shall be located at least 12m from a National Grid support structure unless it is a: (i) Network Utility within a transport corridor or any part of electricity infrastructure that connects to the National Grid. (ii) Fence less than 2.5m in height and more than 5m from the nearest support structure. (iii) Horticultural structure between 8m and 12m from a pole support structure that: a. Meets the requirements of the New Zealand Electrical Code Of Practice for Electrical Safe Distances for separation distances from the conductor (NZECP34:2001); b. Is no more than 2.5m high; c. Is removable or temporary, to allow a clear working space 12 metres

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from the pole when necessary for maintenance and emergency repair purposes; and d. Allow all weather access to the pole and a sufficient area for maintenance equipment, including a crane. (iv) A horticultural structure where Transpower has given written approval in accordance with clause 2.4.1 of NZECP34:2001 to be located within 12m of a tower or 8m of a pole support structure. Rule AME.10 The following buildings and structures are a non-complying activity within the National Grid Yard: (a) Any building or addition to a building for a sensitive activity. (b) Any change of use to a sensitive activity or the establishment of a new sensitive activity. (c) Intensive farm buildings and dairy/milking sheds or buildings excluding associated ancillary structures. (d) Any building or structure not permitted by Rule AME.9 Rule AME.11 Earthworks within the National Grid yard are a permitted activity provided that: a) within a distance measured 12 metres from the outer visible edge of any National Grid support structure, any earthworks shall not exceed a depth (measured vertically) of 300mm; and b) any earthworks shall not create an unstable batter that will affect a National Grid support structure; and c) any earthworks shall not result in a reduction in the ground to conductor clearance distances below what is required by Table 4 of NZECP34: 2001 The following activities are exempt from Rule AME.11 a) above: (A) Earthworks undertaken in the course of constructing or maintaining infrastructure (B) Normal agricultural activities or domestic gardening. (C) Repair, sealing resealing of an existing road, footpath, farm track or driveway. (D)Earthworks undertaken in the course of constructing and maintaining lines and structures and equipment that is associated with facilities for the commercial scale generation of electricity. Rule AME.12 Any earthworks that do not comply with Rule AME.11 a) shall be a restricted discretionary activity. The matters over which the Council will exercise its discretion are: • Any effects on the integrity of the transmission line; • Volume, area and location of the works, including temporary activities such as stockpiles; • Time of the works; • Site remediation; • The use of mobile machinery near transmission line which may put the line at risk; • Compliance with NZECP 34:2001; and • Technical or safety advice provided by any consultation with Transpower New Zealand Limited.

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Rule AME.12a Any earthworks that do not comply with Rule AME.11 b) or Rule AME.11 c) shall be a non-complying activity Note: Vegetation to be planted within the transmission corridor should be selected and/or managed to ensure that it will not result in that vegetation breaching the Electricity (Hazards from Trees) Regulations 2003. Note: The New Zealand Electrical Code of Practice for Electrical Safe Distances (NZECP 34: 2001) contains restrictions on the location of structures and activities in relation to the lines. Compliance with the permitted activity standards of the Plan does not ensure compliance with the Code of Practice.

3.37 New Reverse Sensitivity Rule





KiwiRail

Seeks Amendment to address reverse sensitivity effects on the rail corridor

Add the following new Rules: Rule AME.10 Sensitive Activities within Close Proximity of a Designated Rail Corridor (i) Airborne Noise: New, relocated and altered dwellings and sensitive activities shall be considered a Permitted Activity if they are designed, constructed and maintained to ensure the following internal design noise limits shall not be exceeded, and shall take into account future use of the NIMT, by the addition of 3-5dB (depending on the Line) to existing measured or calculated sound levels. Receiving Environment LAeq,1 hr Compliance Distance (no less than) Residential – bedroom 35 dB 100m Residential – habitable room 35 dB 100m Primary Outdoor Amenity Area 60 dB 60m Teaching spaces 40 dB 100m All other sensitive building spaces e.g. *Hospital and dementia care Comply with AS/NZS2107:2000 Spaces *Commercial spaces

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Where part of a habitable space straddles the compliance distance it shall meet the relevant criterion. Where it is necessary to have windows closed to achieve the acoustic design requirements, an alternative ventilation system shall be provided. A ventilation system installed shall comply with the following: a) Consist of an air conditioning unit(s) provided that the noise level generated by the unit(s) must not exceed 40 dB LAeq(30s) in the largest habitable room (excluding bedrooms) and 35dB LAeq(30s) in all other habitable rooms, when measured 1 metre away from any grille or diffuser; or b) A system capable of providing at least 15 air changes per hour (ACH) in the largest habitable room (excluding bedrooms) and at least 5 air changes per hour (ACH) in all other habitable rooms; and c) The noise level generated by the system must not exceed 40 dB LAeq(30s) in the largest habitable room (excluding bedrooms) and 35dB LAeq(30s) in all other habitable rooms, when measured 1 metre away from any grille or diffuser; and d) The internal air pressure must be no more than 10 Pa above ambient air pressure due to the mechanical ventilation; and e) Where a high air flow rate setting is provided, the system shall be controllable by the occupants to be able to alter the ventilation rate with at least three equal progressive stages up to the high setting. Compliance for noise shall be demonstrated by providing the Council and KiwiRail Holdings Limited with a design report and a design certificate prepared by an experienced and qualified acoustic specialist, and an experienced and qualified mechanical engineer with respect to the ventilation system. (ii) Restricted Discretionary Activity If a sensitive activity does not comply with the provisions of Rule X, it is considered to be a Restricted Discretionary Activity. Council’s discretion is restricted to the following matters: a) The degree of noise attenuation achieved by the noise sensitive activity b) The effects of reverse sensitivity on the operation of the rail network and depot and the ability and suitability of mitigation measures to enable the continued and uninterrupted operation of the rail network. c) The written approval of KiwiRail Holdings Limited. d) A reverse sensitivity covenant provided by KiwiRail Holdings Limited. (iii) Ground-borne Noise: Annoyance

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New, relocated, or altered sensitive activities/buildings within 60 metres of the rail corridor shall be considered a Permitted Activity if they are designed and constructed to ensure the following levels of vibration from trains shall not be exceeded based on the procedures specified in the Norwegian Standard NS 8176E: 2nd edition September 2005 Vibration and Shock Measurement of Vibration in Buildings from Land Based Transport and Guidance to Evaluation of its Effects on Human Beings. Receiving Environment Class C criterion: (new, relocated or altered) Maximum Weighted Velocity, Vw,95 Sensitive activities/buildings 0.3 mm/s Ground borne Vibration: Building effects All buildings within 20 metres of the rail corridor shall be designed and constructed to ensure the level of vibration from trains shall not exceed the criteria set out in the British Standard BS 7385-2: Compliance for both vibration annoyance and building damage shall be demonstrated by providing the Council and KiwiRail Holdings Limited with a design report and a design certificate prepared by an experienced and qualified acoustic/vibration specialist; (iv) Restricted Discretionary Activity If a sensitive activity does not comply with the provisions of Rule X, it is considered to be a Restricted Discretionary Activity. Council’s discretion is restricted to the following matters: a) The size, nature and location of the building on the site b) Special topographical, building features or ground conditions which will mitigate vibration impacts c) Any characteristics of the proposed use which make compliance with the standard unnecessary d) The written approval of KiwiRail Holdings Limited. e) A reverse sensitivity covenant provided by KiwiRail Holdings Limited. Rule AME.11 Setbacks from a Designated Rail Corridor

• Buildings, balconies and decks shall be setback at least 10 metres from the rail corridor boundary and;

• Trees and shrubs shall be setback at least 10 metres from the rail corridor boundary and shall not comprise nuisance or weed species and;

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• Trees and shrubs shall be maintained such that they do not encroach into the setback and

• Fences or walls adjoining the rail corridor boundary shall be setback or sited in a way that

enables maintenance to be undertaken without requiring access to the rail corridor, and

maintained in a good state of repair fit for purpose, and free of graffiti and

• Storage and service areas and shall be screened so they are not visible from the rail corridor and

• Where buildings, other than residential, are developed introduce appropriate screening and other provisions for service areas and storage areas facing the rail corridor.


in Part / Reject KiwiRail

Reject

REASON The submitter requests the inclusion of a number of provisions relating to reverse sensitivity effects on the rail network. While the issue raised is a relevant resource management issue in relation to the development of the rail network, it involves a number of technical noise and vibrations standards which require assessment and peer review by acoustic experts. Hence it is not considered appropriate to introduce this issue via the submission process. The intention of Council is to address this issue (along with similar concerns in relation to the State Highway network) in a review of the noise provisions of the plan and introduce the appropriate rules (if necessary) into the zone provisions.


3.38 Level Crossing Rules

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KiwiRail

Seeks Amendment to address safety concerns at level crossings. Existing rules are out of date.

Add new rule as follows: AME.12.1 Permitted Activity All existing roads that cross the rail network via a level crossing must be in accordance with the sight triangles provided in Section X (Railway level Crossing Sight Triangles and Explanations) [Appendix A of KiwiRail’s submission on Plan Change 33] AME12.2 Restricted Discretionary Activity Vehicle access across the rail network or activities which do not comply standards X Safe Sightline Distances [Appendix A of KiwiRail’s submission on Plan Change 33] AME12.3 Discretionary Activity The construction of a new pedestrian or vehicle level crossing across the railway corridor. KiwiRail Holdings Limited must be consulted for any new level crossing


in Part / Reject KiwiRail

Reject

REASON The rule that currently addresses this issue (Rule TRAN.9) is not part of the Plan Change and hence there is no opportunity to address this issue. As with the reverse sensitivity issue discussed in section 3.38, this rule will be the subject of a separate plan change process.


PLAN CHANGE 33.3 – Rule SUB.1(d)

3.39 Rule SUB.1(d) (section 3.7 Subdivision) The notified provision reads as follows:

G. Electricity Transmission Line Corridor

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The effect the subdivision and any resultant use may have on the integrity of the transmission network (including the operational efficiency of the network) and on the health and safety of people and property.





Transpower

Supports in part

Rule SUB.1(d) –

(a) add the following: National Grid Subdivision Corridor Where subdivision includes land (in any zone) within the National Grid Subdivision Corridor all allotments shall identify a building platform for the principal dwelling or building, to be located outside the National Grid Yard.

(b) Amend SUB.1(d)G as follows:

The effect the subdivision and any resultant use may have on the integrity of the transmission network (including the operational efficiency of the network) and on the health and safety of people and property. (i) The extent to which the design and construction of any subdivision allows for earthworks, buildings and structures to comply with the safe separation distance requirements in the New Zealand Electrical Code of Practice for Electrical Safe Distances (NZECP: 34 2001). (ii) The extent to which the subdivision or subsequent building design mitigates the effects of the lines and the risk of potential injury and/or damage to property e.g. through the location of roads and reserves under the route of the line. (iii) The ability for continued access to existing National Grid lines for maintenance, inspections and upgrading. (iv) The extent to which potential adverse effects (including visual) are mitigated through the location of building platforms. (v) The extent to which the design and construction of the subdivision allows for activities to be set back from National Gridlines to ensure adverse effects on and from the National Grid and on public safety are appropriately avoided, remedied, or mitigated. (vi) The nature and location of any proposed vegetation to be planted in the vicinity of National Grid lines (vii) The provision for the on-going operation, maintenance and planned upgrade of National Grid lines, (viii) The risk to the structural integrity of the National Grid transmission network; and (Viiii) The extent to which the subdivision design and consequential development will

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minimise the potential reverse sensitivity on and amenity and nuisance effects of the National Grid.

(c) Add the following to Rule SUB.3:

Any subdivision of land in any zone within the National Grid Subdivision Corridor which does not comply with the restricted discretionary activity standard under Rule SUB.1(d) G is a Non-Complying Activity. Note: Vegetation to be planted around the National Grid should be selected and/or managed to ensure that it will not result in that vegetation breaching the Electricity (Hazards from Trees) Regulations 2003. Note: The New Zealand Electrical Code of Practice for Electrical Safe Distance (NZECP 34: 2001) contains restrictions on the location of structures and activities in relation to the lines. Compliance with the permitted activity standards of the Plan does not ensure compliance with the Code of Practice.



Accept in part

REASON Transpower have requested a more detailed set of assessment criteria in relation to the impact of subdivision (and the resultant uses) on the National Grid. The Committee notes that the provisions promoted are very similar to that agreed through the Waimate District Plan review process and have been accepted as appropriate accordingly. However the amendment proposed to Rule SUB.1(d) is considered more appropriate at Rule SUB.4.C.2 which sets out subdivision performance standards. In the context of the Clutha District Plan, identifying non-compliance with this rule as a non-complying activity is not considered necessary and any issues in respect to the National Grid can be appropriately dealt with by the amendments accepted here in conjunction with the rules inserted by Decision 3.36 above.

3.39.3 Recommended Changes to Proposed Plan Change

(a) Amend SUB.1(d)G as follows: G. National Grid Subdivision Corridor

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The effect the subdivision and any resultant use may have on the integrity of the transmission network (including the operational efficiency of the network) and on the health and safety of people and property. (i) The extent to which the design and construction of any subdivision allows for earthworks, buildings and structures to comply with the safe separation distance requirements in the New Zealand Electrical Code of Practice for Electrical Safe Distances (NZECP: 34 2001). (ii) The extent to which the subdivision or subsequent building design mitigates the effects of the lines and the risk of potential injury and/or damage to property e.g. through the location of roads and reserves under the route of the line. (iii) The ability for continued access to existing National Grid lines for maintenance, inspections and upgrading. (iv) The extent to which potential adverse effects (including visual) are mitigated through the location of building platforms. (v) The extent to which the design and construction of the subdivision allows for activities to be set back from National Gridlines to ensure adverse effects on and from the National Grid and on public safety are appropriately avoided, remedied, or mitigated. (vi) The nature and location of any proposed vegetation to be planted in the vicinity of National Grid lines (vii) The provision for the on-going operation, maintenance and planned upgrade of National Grid lines: (viii) The risk to the structural integrity of the National Grid transmission network; and (ix) The extent to which the subdivision design and consequential development will minimise the potential reverse sensitivity on and amenity and nuisance effects of the National Grid.

(c) Amend Rule SUB.4.C.2 as follows: “Where a site is intended to accommodate a building the site shall contain an adequate buildable area free of impediments such as drainage lines and the yard and open space requirements of the relevant Resource Area (see Section 4). If the allotment is located within the “National Grid Subdivision Corridor”, all allotments shall identify an indicative building platform outside of the National Grid Yard for all buildings (including dwellings) that may be facilitated by the subdivision.” 3.40 PLAN CHANGE 33 - GENERAL





Department of Conservation

Supports plan change as is consistent with the RMA and gives effect to NZ Coastal

Retain PC33 with no amendments.

Prepare a Plan change in consultation with

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Policy Statement. However information in Table 5 needs updating.

DoC to update Table 5 and consider amending rules to take into account this table.

NZ Transport Agency Existing Policies 8(a) and 8(b). Retain TrustPower Limited It appears some infrastructure

activities are already provided for under the Energy Generation chapter. Some energy activities may also be covered by this chapter and the submitter seeks clarification on this and the linkages and relationship between the two chapters. Concerned that energy generation facilities have not yet been scheduled in plan and submitter wishes to be involved in development of this schedule.

Plan Change as a whole - Clarification on linkages and relationship with energy generation chapter.


in Part / Reject Department of Conservation; TrustPower Limited

Accept in part

NZTA Reject

REASON The DOC requests that the Plan Change be retained without amendments. While the overall direction of the plan change has been retained, some amendments have been made in response to other submissions on the Plan Change. The Committee notes that the issue raised in respect to Table 5 of the plan will be addressed as part of the ongoing review. The concern of TrustPower has also been addressed in relation to specific decisions above. With respect to the NZTA request to retain Policies 8(a) and 8(b), the Committee notes that the use of a roading hierarchy has not been deleted by the Plan Change. The two policies are not considered necessary to enable that. AMENDMENTS TO PROPOSED PLAN CHANGE No changes are required as a result of this decision.

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PLAN CHANGE 34 – Accidental Discovery Protocol

3.41 Accidental Discovery Protocol The notified provision reads as follows: Schedule 6.12 - Accidental Discovery Protocol 1. Introduction This protocol records those procedures that will be followed in the event that koiwi takata, wāhi taoka, wāhi tapu, or archaeological sites, are unearthed or discovered within the Clutha District. 2. Definitions In this Protocol the following terms are used: Archaeological Sites means any place in New Zealand that was either associated with human activity that occurred before 1900 or is the site of the wreck of any vessel where that wreck occurred before 1900; and is or may be able through investigation by archaeological methods to provide evidence relating to the history of New Zealand (Historic Places Act 1993). Archaeological Sites may be of Maori, European/Pakeha or Chinese origin. “Koiwi Takata” means human skeletal remains. “Wāhi Taoka” means cultural artefacts such as implements, weapons or decorations traditionally and historically utilised by tangata whenua and include parts or the remains thereof. “Wāhi tapu” means any site of religious, cultural or spiritual significance for Takata Whenua. 3. Accidental Discovery Protocol The following procedure shall be adopted in the event that any archaeological site (Maori, European/Pakeha or Chinese), koiwi takata, wāhi taoka or wāhi tapu are unearthed or discovered, or are reasonably suspected to have been unearthed or discovered within the Clutha District. 3.1 If any archaeological site (Maori, European/Pakeha or Chinese),koiwi takata (human skeletal remains), wāhi taoka or a wāhi tapu site is uncovered all activity in the immediate vicinity of the site shall cease. 3.2 The Project Manager shall take steps immediately to secure the area in a way that ensures that the discovery remains untouched so far as possible in the circumstances.

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3.3 The Project Manager shall, dependent on the nature of the discovery, notify the Rūnanga; the New Zealand Police and the Regional Public Health Unit (in the event of a koiwi takata discovery); and the New Zealand Historic Places Trust. 3.4 The Project Manager shall ensure that assistance is made available to guide the Rūnanga and representatives of the New Zealand Police, the Regional Public Health Unit, and the New Zealand Historic Places Trust (as applicable), to the site, assisting with any requests that they may make. 3.5 The Project Manager shall ensure that kaumatua are given the opportunity to undertake karakia and such other religious or cultural ceremonies and activities at the site as may be considered appropriate in accordance with tikanga Māori (Māori custom and protocol). 3.6 Where the koiwi takata, taoka or wāhi tapu are of Māori origin, any materials discovered will be handled and removed by the kaumatua who are responsible for the tikanga (custom) appropriate to their removal or preservation. Practice Note An archaeological authority is required from the New Zealand Historic Places Trust / Pouhere Taonga to destroy, damage or modify the whole or any part of an archaeological site. Plan users should refer to the New Zealand Archaeological Association’s (NZAA’s) digital Site Record database, Archsite, which contains information regarding the presence, location and details of recorded archaeological sites.





NZ Historic Places Trust

Supports with some amendments

Schedule 6.12 Accidental discovery protocol (a) Amend section 3 as follows: 3. Accidental Discovery Protocol ... 3.3 The Project Manager shall, dependent on the nature of the discovery, in all cases contact the New Zealand Historic Places Trust (NZHPT) in the first instance, and if koiwi tangata, wai tapu or wahi taoka are suspected, also notify the Rūnanga. In the event of a koiwi takata discovery, the New Zealand Police and the Regional Public Health Unit (in the event of a koiwi takata discovery); and the New Zealand Historic Places Trust shall also be notified. 3.4 The Project Manager shall ensure that

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assistance is made available to guide the NZHPT and the Rūnanga and if applicable ,representatives of the New Zealand Police, and the Regional Public Health Unit, and the New Zealand Historic Places Trust (as applicable), to the site, assisting with any requests that they may make. 3.5 The Project Manager shall ensure that kaumatua are given the opportunity to undertake karakia and such other religious or cultural ceremonies and activities at the site as may be considered appropriate in accordance with tikanga Māori (Māori custom and protocol). This may be only undertaken after consultation with the NZHPT to ensure legal requirements relating to archaeological sites pursuant to the Historic Places Act 1993 are met. 3.6 Where the koiwi takata, taoka or wāhi tapu are of Māori origin, any materials discovered will be handled and removed by the kaumatua who are responsible for the tikanga (custom) appropriate to their removal or preservation. This may be only undertaken after consultation with the NZHPT to ensure legal requirements relating to archaeological sites pursuant to the Historic Places Act 1993 are met. Practice Note An archaeological authority is required from the New Zealand Historic Places Trust / Pouhere Taonga to destroy, damage or modify the whole or any part of an archaeological site. This includes a koiw takata site. ... (b)Method HER.3 – update Method HER.3 so that it cross references to Schedule 6.12 as follows: Method HER.3 Archaeological and Cultural Heritage The Historic Places Act 1993 protects sites associated with human activity that occurred before 1900, whether registered by the Historic Places Trust or not. Those sites registered by the NZHPT Trust are listed at Table 13.4 (page 116). The procedure to be followed in the case of any accidental discovery of archaeological material, including koiwi takata, wahi taoka and wahi tapu is set out in Schedule 6.12. The procedure relating to any activity that may have the effect of destroying, damaging or modifying such sites is set out in Section 9 to 21 of the Historic Places Act 1993.

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…

NZ Transport Agency The Project Manager may not always be on-site

Procedure Note 3.2 – replace ‘Project Manager” with “construction Supervisor”.

Transpower Support Retain DECISION Submitter Name and Submission Number Accept / Accept

in Part / Reject NZ Historic Places Trust ; NZ Transport Agency

Accept

Transpower Accept in part

REASON The Committee notes that the NZHPT (now known as ‘Heritage New Zealand’) submission supports the approach proposed but requests some minor amendments to the wording to reflect the new Act, the Heritage New Zealand Pouhere Taonga Act 2014. The amendment suggested by NZTA is also considered appropriate for the reasons outlined in their submission.

AMENDMENTS TO Proposed Plan Change (a) Amend Schedule 6.12.3 as follows: 3. Accidental Discovery Protocol ... 3.3 The Project Manager Construction Supervisor shall, dependent on the nature of the discovery, in all cases contact Heritage New Zealand (“HNZ”) in the first instance, and if koiwi tangata, wai tapu or wahi taoka are suspected, also notify the Rūnanga. In the event of a koiwi takata discovery, the New Zealand Police and the Regional Public Health Unit (in the event of a koiwi takata discovery); and the New Zealand Historic Places Trust shall also be notified. 3.4 The Project Manager Construction Supervisor shall ensure that assistance is made available to guide HNZ and the Rūnanga and if applicable ,representatives of the New Zealand Police, and the Regional Public Health Unit, and the New Zealand Historic Places Trust (as applicable), to the site, assisting with any requests that they may make. 3.5 The Project Manager Construction Supervisor shall ensure that kaumatua are given the opportunity to undertake karakia and such other religious or cultural ceremonies and activities at the site as may be considered appropriate in

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accordance with tikanga Māori (Māori custom and protocol). This may be only undertaken after consultation with HNZ to ensure legal requirements relating to archaeological sites pursuant to the Heritage New Zealand Pouhere Taonga Act 2014 are met. 3.6 Where the koiwi takata, taoka or wāhi tapu are of Māori origin, any materials discovered will be handled and removed by the kaumatua who are responsible for the tikanga (custom) appropriate to their removal or preservation. This may be only undertaken after consultation with the HNZ to ensure legal requirements relating to archaeological sites pursuant to the Heritage New Zealand Pouhere Taonga Act 2014 are met. Practice Note An archaeological authority is required from Heritage New Zealand/Pouhere Taonga to destroy, damage or modify the whole or any part of an archaeological site. This includes a koiwi takata site. ... (b)Method HER.3 – update Method HER.3 so that it cross references to Schedule 6.12 as follows: Method HER.3 Archaeological and Cultural Heritage The Heritage New Zealand Pouhere Taonga Act 2014 protects sites associated with human activity that occurred before 1900, whether registered by the Heritage New Zealand or not. Those archaeological sites registered by HNZ are listed at Table 13.4. The procedure to be followed in the case of any accidental discovery of archaeological material, including koiwi takata, wahi taoka and wahi tapu is set out in Schedule 6.12. The procedure relating to any activity that may have the effect of destroying, damaging or modifying such sites is set out in Section 9 to 21 of the Historic Places Act 1993.

PLAN CHANGE 36 – Definitions

3.42 Definition of ‘Infrastructure’ The notified provision reads as follows:

‘Infrastructure’ for the purposes of this plan means: (a) pipelines that distribute or transmit natural or manufactured gas, petroleum, biofuel, or geothermal energy: (b) a network for the purpose of telecommunication as defined in section 5 of the Telecommunications Act 2001: (c) a network for the purpose of radiocommunication as defined in section 2(1) of the Radiocommunications Act 1989:

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(d) lines used or intended to be used to convey electricity, and support structures for lines used or intended to be used to convey electricity: (e) a water supply distribution system, including a system for irrigation: (f) a drainage or sewerage system: (g) structures for transport on land by cycleways, rail, roads, walkways, or any other means: (h) facilities for the loading or unloading of cargo or passengers transported on land by any means: (i) an airport as defined in section 2 of the Airport Authorities Act 1966: (j) a navigation installation as defined in section 2 of the Civil Aviation Act 1990 and other navigation and safety devices: (k) facilities for the loading or unloading of cargo or passengers carried by sea, including a port related commercial undertaking as defined in section 2(1) of the Port Companies Act 1988: (l) anything described as a network utility operation in regulations made for the purposes of the definition of network utility operator in section 166

Please note that the definition in the Resource Management Act 1991includes facilities for the generation of electricity. These facilities are dealt with separately in this Plan.





KiwiRail

Seeks Amendment to include definition of ‘sensitive activity’.

Insert the following definition of “Sensitive Activity” after the definition of Scheduled Footprint (for electricity generation facilities) at Page 254 of the operative District Plan: Sensitive Activity Means any use of land and/or buildings which is likely to be susceptible to the effects emitted from nearby land uses in the course of their legitimate operation and functioning; and for the purposes of this plan. This includes the following activities (or similar):

• Residential, including Primary Outdoor Amenity Areas.

• The accommodation or care of people, including hospitals, retirement homes, and travelers accommodation.

• Early childhood, primary, intermediate, secondary schools and tertiary education facilities.

• Places of Assembly, including churches, community facilities, restaurants and recreational facilities

NZ Transport Agency Support Retain

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OtagoNet Joint Venture Oppose in part Definition of ‘Infrastructure’ – amend by including reference to “associated equipment (including distribution substations)” to (d).

Transpower Further Submitter – Federated Farmers: Supports new definition of ‘National Grid Yard’ and National Grid Sensitive Activity’; opposes in part new definition of ‘National Grid subdivision corridor’

Support in part A more explicit provision needs to be included to manage adverse effects of other activities on the National Grid. The definition will clarify the intent and application of proposed rules.

Definition of ‘Infrastructure’ – amend as follows: ‘Infrastructure’ for the purposes of this plan means: ......

(a) lines used or intended to be used to convey for the transmission and distribution of electricity including support structures , substations and other related facilities., and support structures for lines used or intended to be used to convey electricity.......

Definition of National Grid Yard’ – add as follows: National Grid Yard: (shown in red in diagram below) Means: • the area located 12 metres in any direction from the outer edge of a National Grid support structure; and • the area located 12 metres either side of the centreline of any overhead National Grid line;

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A more explicit provision needs to be included to manage adverse effects of other activities on the National Grid. The definition will clarify the intent and application of proposed rules. Need to clearly identify the activities that are particularly sensitive to transmission lines and can cause reverse sensitivity effects.

Note: The National Grid Yard does not apply to underground cables or any transmission lines (or sections of line) that are designated.

Definition of ‘National Grid Subdivision corridor’ – add as follows: Means the area measured either side of the centreline of above ground National Grid line as follows:

• 16m for the 110kV lines on pi poles • 32m for 110kV lines on towers • 37m for the 220kV transmission lines

Note: The National Grid Subdivision Corridor does not apply to underground cables or any transmission lines (or sections of line) that are

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designated.

Definition of’ National Grid sensitive activity’– add as follows: Means buildings or parts of buildings used for, or able to be used for the following purposes: (A) Residential activity; (B) Education activity, except language schools, learning centres and tertiary education facilities; (C) Child Day Care activity; and (D) Hospital activity.

Trustpower Oppose Definition of Infrastructure – amend to exempt lines included within definition of electricity generation from (d).


in Part / Reject KiwiRail ;NZ Transport Agency; OtagoNet Joint Venture;

Accept in part

Transpower; Trustpower Accept

REASON The Committee notes that the definition of infrastructure reflects the definition contained in the Act with the exception that energy generation facilities are not included. However Transpower and OtagoNet both request minor amendment to the definition in relation to electricity lines to recognise associated facilities. These amendments are considered appropriate by the Committee as is TrustPower’s request that such lines associated with energy facilities be exempted from the definition. Both KiwiRail and Transpower’s submission seek the adoption of a definition for ‘sensitive activities’ which relates to their submission on reverse sensitivity effects. As noted above, reverse sensitivity issues will be dealt with in a later plan change. However a definition is necessary and a combination of the two definitions promoted is considered the most appropriate option. While respect to Transpower’s requests, given the Committee acceptance of their submission, these additions to the definitions are considered appropriate.

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(a) Amend the definition of “Infrastructure as follows: ‘Infrastructure’ for the purposes of this plan means: (a) pipelines that distribute or transmit natural or manufactured gas, petroleum, biofuel, or geothermal energy: (b) a network for the purpose of telecommunication as defined in section 5 of the Telecommunications Act 2001: (c) a network for the purpose of radiocommunication as defined in section 2(1) of the Radiocommunications Act 1989: (d) lines used or intended to be used to convey electricity, and support structures for lines used or intended to be used to convey electricity and associated equipment including distribution substations(excluding lines and associated structures and equipment that are associated with facilities for the generation of electricity: (e) a water supply distribution system, including a system for irrigation: (f) a drainage or sewerage system: (g) structures for transport on land by cycleways, rail, roads, walkways, or any other means: (h) facilities for the loading or unloading of cargo or passengers transported on land by any means: (i) an airport as defined in section 2 of the Airport Authorities Act 1966: (j) a navigation installation as defined in section 2 of the Civil Aviation Act 1990 and other navigation and safety devices: (k) facilities for the loading or unloading of cargo or passengers carried by sea, including a port related commercial undertaking as defined in section 2(1) of the Port Companies Act 1988: (l) anything described as a network utility operation in regulations made for the purposes of the definition of network utility operator in section 166 Please note that the definition in the Resource Management Act 1991includes facilities for the generation of electricity. These facilities are dealt with separately in this Plan.

(b) Insert the following definition of “Sensitive Activity” after the definition of

Scheduled Footprint (for electricity generation facilities) at Page 254 of the operative District Plan:

Sensitive Activity Means any use of land and/or buildings which is likely to be susceptible to the effects emitted from nearby land uses in the course of their legitimate operation and functioning; and for the purposes of this plan this includes the following activities (or similar):

• Residential building. • The accommodation or care of people, including hospitals, retirement homes,

and travellers accommodation. • Early childhood, primary, intermediate, secondary schools and tertiary

education facilities.

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(c) Add the following definitions in relation to the National Grid:

National Grid Subdivision corridor: Means the area measured either side of the centreline of above ground National Grid line as follows:

• 16m for the 110kV lines on pi poles • 32m for 110kV lines on towers • 37m for the 220kV transmission lines

Note: The National Grid Subdivision Corridor does not apply to underground cables or any transmission lines (or sections of line) that are designated. National Grid Yard: (shown in red in diagram below) Means: • the area located 12 metres in any direction from the outer edge of a National Grid support structure; and • the area located 12 metres either side of the centreline of any overhead National Grid line;

Note: The National Grid Yard does not apply to underground cables or any transmission lines (or sections of line) that are designated.

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Planning Maps and Schedule 6.2

3.43 Planning Maps and Schedule 6.2





Transpower

Supports in part but notes details of Balclutha Substation are incorrect

D51 - Amend by changing map reference H46A to U2 and Clarksville reference to Milton Highway (SH 1) and amend planning map so designation number is written in brown.



Accept

REASON The submitter is requesting that the details of the Balclutha Substation be corrected. This is considered appropriate. AMENDMENT TO PROPOSED PLAN CHANGE

Amend D51 by changing map reference H46A to U2 and Clarksville reference to Milton Highway (SH 1) and amend planning map so designation number is written in brown.

4 CONCLUSION

Subject to the changes above and any further information provided at the hearing, the Committee considers that Clutha District Plan Changes 33 – 36 will achieve the purpose of sustainable management and should be adopted by the Council.

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