SECTIONAL DISTRICT PLAN REVIEW PLAN CHANGE 15 NORTH EAST INDUSTRIAL ZONE NOISE

Transcription

1 SECTIONAL DISTRICT PLAN REVIEW PLAN CHANGE 15 NORTH EAST INDUSTRIAL ZONE NOISE For PALMERSTON NORTH CITY COUNCIL N1447 PC15 NEIZ Final V1 4 September 2014 Nigel Lloyd Director of Acoustic Services Mobile: nigel@acousafe.co.nz 251

2 1. Introduction The was established in 2004 after analysis demonstrated the additional need for large industrial sites exceeding 5ha within the District, as well as growth in other types of industrial activity. Plan Change 15: NEIZ Extension is proposing a 120 hectare extension to the Zone. In addition to the proposed extension it is also proposed to review the noise provisions of the Zone. It has been identified that all of the dwellings in the existing NEIZ have either been removed or lost their existing use rights for protection (visual and noise) under controlled activity Rule 12A.7.2. The Council has identified that targeted amendments are required to ensure alignment with reviewed Business Zone and Industrial Zone sections of the Plan that that recognise the current New Zealand Standard. 2. Issues The following noise related issues have been identified by Council in an of 4 November 2014 are summarised as follows: Consider whether the following are fit for purpose: - Resource Management Issues 8; - Objectives 7.1 and 7.2; - Policies 7.1 and 7.2; - Rule 12A.6.1(xi); - Rule 12A Rule 12A.10.4 Consider removing permitted activity R12A.6.1(xi) Air Noise Control requiring compliance with R (h). Replace this with the noise insulation rule that was developed for noise sensitive activities and offices for PC9; Roll over controlled activity R12A.7.2 over to the NEIZ extension area but as a restricted discretionary activity; PC1 introduced a definition of Noise Sensitive activity. An Early Childhood Centre is listed as a noise sensitive activity. Introducing a noise insulation rule for noise sensitive activities (that includes offices) will only apply to early childhood centres as restricted discretionary activities. No other noise sensitive activities are provided for in the NEIZ. Reassess non-compliance with Rule R12A.10.3 as it applies to any activity in the Inner and Outer Air Noise Control Zone. Consider the non-compliance with Rule R12A.12.1 because this approach seems to be inconsistent with the rest of the Plan. 3. Resource Management Issue 8 This Issue is: 252

3 2 8. The need to provide for the ongoing efficient operation of the airport by recognising height limits included in the Plan and protecting noise sensitive activities within the vicinity of the Palmerston North International Airport. We agree that this remains fit for purpose. 4. Objectives 7.1 and 7.2 These Objectives are: Objective 7.1 To avoid, remedy or mitigate the adverse effects of aircraft noise on noise sensitive activities in the vicinity of the Palmerston North Airport. Objective 7.2 To avoid, remedy or mitigate the potential adverse effects of activities in the vicinity of Palmerston North Airport on airport operations. We agree that these Objectives remain fit for purpose. 5. Policies 7.1 and 7.2 These Policies are: 7.1 To mitigate the adverse effects of aircraft noise on any building to be used for education or accommodation in the Inner and Outer Control Zones. 7.2 To require every application for a resource consent within the Inner and Outer Control Zones to be accompanied by details of the method of construction for the purpose of noise attenuation, and sufficient information to satisfy the Council that this method will achieve the requisite insulation rating. Policy 7.1 requires the mitigation of the adverse effects of aircraft noise on education or accommodation in the Inner and Outer Airport Noise Control Zones. Council has identified that this policy does not align with the rule framework. The relationship between the policy and rules is as follows: (i) Education and accommodation activities are not provided for as a permitted activity; (ii) Only early childhood facilities are listed as full discretionary activities; (iii) Any activity in the in the Inner and Outer Control Zone not complying with Rule (h) is Non-Complying (R12A.10.3); (iv) Any new education or accommodation development in the Air Noise Zone is a Prohibited Activity under R12A11.1. There were no existing education or accommodation activities (other than existing dwellings) at the time the NEIZ was zoned. 253

4 3 (v) New accommodation or education activity is a prohibited activity in the Plan. The suggestion is made that the words in Policy 7.1 education and accommodation should be replaced with the words noise sensitive activities to align with the purpose of the associated objective. We agree with Council that the words education or accommodation would be suitably replaced with any noise sensitive activity Policy 7.2 has now become redundant given the coverage provided by Policy 7.1 with respect to noise sensitive activities in the NEIZ. 6. Options for Noise Control within the Zone As with the Industrial Zone there are no noise controls between sites within the NEIZ. To establish site boundary noise limits immediately results in the potential for any such limits to become restrictive for industrial activities appropriately taking place within the Zone. Dwellings are not permitted activities in the NEIZ (this is different from the Industrial Zone where caretaker accommodation is provided for). The latest recommendations for PC15 do not include Noise Sensitive Activities (as defined in PC1) as permitted or discretionary activities and we believe this is sensible. Ancillary Office and Retail activities are also permitted (and restricted discretionary depending on the relative floor areas) subject to them being ancillary to the primary purpose and where no more than 10% (35% as restricted discretionary) of the gross floor area can be used for office purposes and retail activity takes up no more than 100m 2 or 15% (400m 2 or 25% as restricted discretionary) of the total gross floor area whichever is the lesser. This ensures that office and retail are ancillary to the primary purpose. In determining whether to grant consent and what conditions to impose we recommend that a further policy is included under Retail and Office Activities in Operative Plan Rule 12A.8.1(vii) as follows: To ensure that undue constraint is not placed on the ability of existing and future industrial activities to operate or establish in the North East Industrial Zone by noise insulating office and retail buildings. PC1 introduced a new definition of 'Noise Sensitive Activity' as follows: Noise Sensitive Activity means any: Residential Activity Accommodation Motel Motel Conference Centre Community House Dwelling and Dwelling Unit Early Childhood Facility Multi-Unit Residential Development Residential Care Retirement Village 254

5 4 It is recommended that office developments and noise sensitive activities are made to comply with sound insulation and ventilation performance standards to mitigate neighbouring industrial noise and protect against Palmerston North Airport noise. 7. Noise Insulation In the Operative District Plan Rule 12A.6.1 contains a list of activities such as Industrial Activities and Warehousing, Storage and Depots which are permitted provided that they comply with the relevant performance conditions. One of these conditions is R12A.6.1(xi) which requires compliance with R (h) which provides noise insulation requirements for habitable rooms, including bedrooms, classrooms, lecture rooms and other such rooms. However, as identified by Council, none of these activities are permitted activities in the NEIZ. It is therefore appropriate to delete Rule R12A.6.1(xi) in its entirety. This rule is not required by any Permitted Activities and retaining it causes ramification for the permitted baseline. During a recent review of PC9, the Industrial Zone, a noise insulation rule was developed for noise sensitive activities and offices. The main reason for this rule was to provide an optimum level of protection for noise sensitive activities and offices. Note that offices are not included in the definition of noise sensitive activities. A better method of controlling these reverse sensitivity effects is to discourage noise sensitive activities altogether in the NEIZ. It is however reasonable to establish ancillary offices and, to protect these, it is proposed to adopt the Industrial Zone noise insulation rule for the NEIZ. This then provides consistency across the Plan. There is a Policy in the Industrial Zone Review (Policy 2.3) as follows: 2.3 To require buildings to be used for office development and noise sensitive activities such as residential activities, to comply with sound insulation and ventilation performance standards to mitigate neighbouring industrial noise and protect the activities against Palmerston North Airport noise. It is recommended that a similar policy be included in the NEIZ but with the words such as residential activities deleted. The noise insulation rule in the Industrial Zone Plan review is 12.11(b) Noise Insulation which states: Any habitable room used by a noise sensitive activity and or any office activity in a building within the Industrial Zone shall be protected from noise arising from outside the building by ensuring the external sound insulation level achieves the following minimum performance standard: D nt,w + C tr > 35 db 255

6 5 Compliance with this performance standard shall be achieved by ensuring habitable rooms and or offices are designed and constructed in a manner that accords with an acoustic design certificate signed by a suitably qualified acoustic engineer stating the design as proposed will achieve compliance with the above performance standard. It is recommended that this Rule be adopted for the NEIZ simply by replacing the words Industrial Zone with. 8. Palmerston North Airport Noise Control Zone Rules R12A.10.3 has become redundant because the permitted activity rule (on which R12A.10.3 relies) is deleted. Similarly R12A.10.4 is inconsistent with the rest of the Plan and can also be deleted. 9. Submissions to the Draft Plan Change The following concerns have been raised by submissions to the draft Plan change 1. Increased traffic noise on Roberts Line/Richardsons Line and associated effects on rural amenity; 2. That the 12m setback area and associated 8m wide planted buffer on the boundary will not sufficiently protect acoustic amenity for ruralresidential neighbours; 3. Suggest a number of buffer setbacks 100 to 25m depending on how close a dwelling is to the boundary of a neighbouring NEIZ site; It is recognised that the proposed noise rules would appropriately protect neighbouring dwellings to the NEIZ Extension. The noise rule applies at the Rural Zone boundary and so it protects neighbouring land and land that could be suitable for future development of noise sensitive activities. In response to these submissions however it is recognised that certain restrictions on servicing and loading hours are also imposed in the Industrial Zone where these would otherwise take place in proximity of dwellings. These restrictions are used in conjunction with noise Rules and it is considered that these restrictions are also appropriate for the NEIZ Extension to provide an added layer of protection at the Zone interface. (g) Servicing and Loading Hours Any activity on a site within the Extension Area which is located within 80 metres of an existing dwelling in a Rural Zone must only undertake the delivery of goods, product, waste or material and/or the distribution of goods, products, waste or materials between 6:00am and 10:00pm. Except that this rule must not apply where: 256

7 6 Explanation (i) On-site road access and manoeuvring areas for vehicles involved in the delivery and/or distribution of goods, products or materials are located at least 80 metres from an existing dwelling in a Rural Zone; and (ii) Loading and unloading areas for vehicles involved in the delivery and/or distribution of goods, products or materials are located at least 80 metres from an existing dwelling in a Rural Zone. Where existing dwellings on rural zone sites come in close contact with the NEIZ Extension Area these properties can be adversely affected by night-time delivery, distribution, and loading activities. For example, noise from idling vehicles or the opening and closing of doors. By controlling servicing and loading hours at the interface with existing dwellings in the Rural Zone it should be possible to reduce the disturbance to nearby residential neighbours. 10. Existing District Plan Noise Rules The NEIZ noise rule is found in R12A.12.1 as follows: R 12A.12.1 Noise (a) Sound emissions from any activity when measured at or within the boundary of any land in the Rural or Residential Zone (including the Rural area within Manawatu District) shall not exceed the following: 7:00 am to 10:00 pm 55dBA L 10 (b) 10:00 pm to 7:00 am 45dBA L 10 and 75 dba L max Sound emissions from any activity other than an activity on the site of the dwelling, when measured at or within the notional boundary of any occupied dwelling existing within the Zone on 24 July 2003, shall not exceed the following noise limits: NOTE TO PLAN USERS: 7:00 am to 10:00 pm 55dBA L 10 10:00 pm to 7:00 am 45dBA L 10 and 75dBA L max The notional boundary is defined as a line 20 metres from the facade of the dwelling closest to the noise source, or the legal boundary where this is closer to the dwelling. For further information refer to Section 6 Noise. Explanation Industrial activities can adversely affect other adjacent activities through the emission of sound from machinery, engineering processes and site servicing and loading activities. The is intended to accommodate these noisier activities with little restriction on sound emission 257

8 7 within the Zone itself. However, the amenity of people living nearby could be adversely affected in the absence of appropriate sound emission controls. This performance standard is intended to protect people living in nearby, rural areas. The limits are equal to those envisaged by the guidelines in New Zealand NZ6802:1991 as being the desirable upper limit of sound exposure. Noise effects tend to reduce rapidly with an increased distance from the direct interface. This performance condition will afford a degree of protection to both industrial operators and rural and property owners by: (i) establishing a tolerated noise environment within the rural area which industries will have to comply with; and (ii) providing certainty for industrial operators by establishing a noise environment outside of the industrial areas that accommodates the intended range of activities. The is located close to the boundary of the City with Manawatu District. For this area, it is important to provide adequate protection by a cross-boundary rule. In the transitional period, while there are still existing residences within the Zone, special provisions apply to maintain a reasonable level of amenity. These apply to the notional boundary as a performance measurement point for the affected properties. Activities which do not meet the standard in this rule are non-complying activities and must obtain consent. Part a) of this rule provided the least strict noise control regime envisaged by NZS6802:1991 at the residential interface. Part b) applied noise controls at the notional boundary of dwellings remaining within the NEIZ. The notional boundary is a line 20 metres from the dwelling or the legal boundary if this is closer. It is recommended that rule 12A.7.2 be deleted as it applies to the existing NEIZ as, we understand, there is no pressing need for this requirement with remaining dwellings. This provision is however being adopted in the NEIZ Extension (as a Restricted Discretionary Activity) and made specific to remaining dwellings in the new zone (by reference to a new Map 12A.6.3). 11. Recommended Noise Rules for With respect to the Rule R12A.12.1 the following noise limits are recommended: R 12A.12.1 Noise (a) Sound emissions from any activity when measured at or within the boundary of any land in the Rural Zone shall not exceed the following: 7:00am - 7:00pm 55dB L Aeq(15mins) 7.00pm to 10.00pm 50dB L Aeq(15mins) 10:00pm - 7:00am 45dB L Aeq(15mins) 258

9 8 (b) Night-time L max 10:00pm - 7:00am 75dBA L max Sound emissions from any activity other than an activity on the site of the dwelling, when measured at or within the notional boundary of any occupied dwelling within the Zone on [day] [Month] [Year] shall not exceed the following: 7:00am - 7:00pm 55dB L Aeq(15mins) 7.00pm to 10.00pm 50dB L Aeq(15mins) 10:00pm - 7:00am 45dB L Aeq(15mins) Night-time L max 10:00pm - 7:00am 75dBA L max Explanation The notional boundary is defined as a line 20 metres from any side of a dwelling or the legal boundary where this is closer to the dwelling. Industrial activities can adversely affect other adjacent activities through the emission of sound from machinery, engineering processes and site servicing and loading activities. The is intended to accommodate these noisier activities with little restriction on sound emission within the Zone itself. However, the amenity of people living nearby could be adversely affected in the absence of appropriate sound emission controls. This performance standard is intended to protect people living in nearby rural areas. The limits are equal to those envisaged by the guidelines in New Zealand NZ6802:2008 as being the guidelines for the reasonable protection of health and amenity. Noise effects tend to reduce rapidly with an increased distance from the direct interface. This performance standard will afford a degree of protection to both industrial operators and rural and property owners by: (i) (ii) establishing a tolerated noise environment within the rural area which industries will have to comply with; and providing certainty for industrial operators by establishing a noise environment outside of the industrial areas that accommodates the intended range of activities. In the transitional period, while there are still existing residences within the Extension Area, special provisions apply to maintain a reasonable level of amenity. These apply to the notional boundary as a performance measurement point for the affected properties. 12. Conclusions Plan Change 15: NEIZ Extension is proposing a 120 hectare extension to the Zone. In addition to the proposed extension it is also proposed to review the noise provisions of the Zone to align with previous District Plan Review Plan Changes and to recognise the current New Zealand Standard. This review has been undertaken under in consultation with Council and identifies those 259

10 9 Objectives and Policies that remain fit for purpose and discusses changes that are required to discourage new noise sensitive activities and control reverse sensitivity within the NEIZ. Offices are a reasonable ancillary activity to be associated with the industrial activities provided for within the NEIZ. An optimum level of noise insulation is proposed for offices that will help to mitigate against industrial and airport noise. 260