Submission by Transpower New Zealand Ltd on the PROPOSED SOUTHLAND DISTRICT PLAN February 2013

Transcription

1

2

3 Submission by Transpower New Zealand Ltd on the PROPOSED SOUTHLAND DISTRICT PLAN 2012 February 2013

4 ADDRESS FOR SERVICE Jane West Senior Planner Golder Associates (NZ) Ltd 132 Tuam Street (PO Box 2281) Christchurch 8011 (8140) Tel: APPROVED FOR RELEASE Mike Hurley Environmental Advisor Policy On behalf of the Environment, Strategy and Approvals Manager Transpower New Zealand Ltd PO Box 1021 Wellington 6140 Tel: Note: This is not the address for service

5 Submission by Transpower New Zealand Ltd on the Proposed Southland District Plan 2012 To: Southland District Council PO Box 903 Invercargill 9840 Name of submitter: Transpower New Zealand Limited (Transpower) 1.0 This is a submission on the following document: Proposed Southland District Plan (psdp) The specific provisions of the psdp that the submission relates to are: The specific provisions of the psdp that this submission relates to are recorded in the attached table. 3.0 The submission is: GENERAL SUBMISSION (note that the requested changes are detailed in the table below) About Transpower 3.1 Transpower is the State Owned Enterprise that controls the network of high voltage transmission lines, substations, switchyards and two national control centres (in Wellington and Hamilton) linked via a telecommunications network, collectively known as the National Grid. The National Grid transmission network conveys the electricity generated by power stations to the distribution networks of each region, which in turn conveys electricity to domestic, commercial and industrial users. 3.2 The National Grid comprises approximately 12,000 km of transmission lines and 180 substations including outdoor switchyards (those substations attached to power generating plants which feed into the Grid). The following National Grid Assets are located within the Southland District: o o o o o Invercargill Manapouri A 220 kv transmission line on towers; Invercargill Roxburgh A and B 220 kv transmission lines on towers; Manapouri Tiwai A 220 kv transmission line on towers; North Makarewa Three Mile Hill A 220 kv transmission line on towers; Gore Invercargill A 110 kv transmission line on pi poles. 3.3 Transpower has an outdoor switchyard at Manapouri and substations at North Makarewa and Edendale. 3.4 All of Transpower s lines are located on rural zoned land except for a section of the Manapouri lines which traverse a National Park and one span of the Gore-Invercargill A line which is located along a roadway and traverses an urban zoned area. 3.5 A reliable and constant energy supply is critical to sustaining the national and regional economy, and Transpower must meet an increasing demand whilst dealing with numerous constraints within the existing regulatory framework. 1

6 Relevant Statutory Context 3.6 The National Grid is not entirely protected by way of designations or easements. The Electricity Act 1992 provides Transpower with statutory rights to the continued ownership and operation of existing assets, including access rights to inspect, operate and maintain the lines, and to complete existing works in respect to those that had commenced but not been completed before 1 January However the Grid is regularly vulnerable to the effects of land use change and encroaching activities upon its facilities. Transpower must comply with the relevant statutory documents, including district plans, to ensure the ongoing operation and maintenance of existing facilities, and for the installation of new ones. 3.7 When exercising functions and powers under the Resource Management Act 1991 (RMA), section 7 requires that particular regard shall be had to the efficient use and development of natural and physical resources (section 7(b)), and to the benefits to be derived from the use and development of renewable energy (section 7(j)). 3.8 The National Policy Statement on Electricity Transmission 2008 (NPSET) requires that electricity transmission is considered a matter of national significance under the RMA, and recognises the need to operate, maintain, develop and upgrade the electricity transmission network. Section 75(3) of the RMA requires that district plans must give effect to the provisions of any NPS. 3.9 The Resource Management (National Environmental Standards for Electricity Transmission Activities) Regulations 2009 (NESETA) sets out a national framework of permissions and consent requirements for activities related to existing electricity transmission lines. The NESETA applies to existing (as at 14 January 2010) high voltage electricity transmission lines, and not to the construction of new transmission lines or lines not owned or operated by Transpower (that is, those lines that supply power from the regional substations to electricity users) Southland currently has an Operative and a Proposed Southland Regional Policy Statement (RPS). The Operative RPS 1997 contains Section 5.14 titled Mineral and Energy Resources which includes providing for the use, development and protection of mineral and energy resources (Objective 14.4), and avoiding, remedying or mitigating adverse effects of mineral and energy resource development, production, use or transportation (Objective 14.1). Section 5.10 deals with the Built Environment which includes policies to encourage the use of corridors for network utilities (Policy 10.3), and to remedy or mitigate effects of network utilities associated with the built environment, on the quality of natural and physical resources (Policy 10.2) The Proposed RPS (which was publicly notified on 19 May 2012) aligns with the NPSET and provides more specific guidance to the District Council in preparation of district plans. Objective ENG.4 is to recognise the national significance of renewable electricity generation activities, whilst also providing for the development of mineral and non-renewable energy resources where the effects can be avoided, remedied or mitigated More specifically Chapter 16 Infrastructure / Transport of the Proposed RPS addresses significant infrastructure within a policy framework to recognise and provide for regional, national and critical infrastructure including associated activities (Policy INF.1), protect regional, national and critical infrastructure from new incompatible land uses and activities under, over or adjacent to the infrastructure (Policy INF.3), whilst avoiding, remedying or mitigating the adverse effects of infrastructure on the environment (Policy INF.2). Policy INF.5 provides for the management of development, subdivision and land use to ensure that it does not result in adverse effects on the efficient operation, use, maintenance and development of infrastructure, and for the efficient and effective functioning of infrastructure, including the ability to develop, maintain, remove, decommission and upgrade infrastructure. 2

7 Proposed Southland District Plan Transpower generally supports the psdp, and has already provided comment on the Draft Southland District Plan. The key points of Transpower s submission primarily relate to the following matters which are discussed below: o The National Policy Statement on Electricity Transmission 2008 o Biodiversity o Natural Features and Landscapes o Coastal Environment o Subdivision o Natural Hazards o Waste, Hazardous Substances and Contaminated Land o Energy, Minerals and Infrastructure o Water and surface water activities o Rural Zone o Urban Zone o Fiordland / Rakiura Zone o Definitions The NPSET 3.14 It is important to recognise the planning framework and hierarchy of legislation and plans, including National and Regional Policy Statements in the drafting of district plans. The NPSET provides guidance to local government for the management and future planning of the National Grid, in terms of: o o o o Recognition of the national benefits of transmission Managing the environmental effects of transmission Managing the adverse effects of third parties on the transmission network; and Long term strategic planning for transmission assets 3.15 Transpower supports the inclusion at section 1.5 (page 4) of the psdp of Figure 1 Legislative and Policy Framework in New Zealand. Biodiversity 3.16 Transpower supports the objectives and policies on biodiversity. The biodiversity rules set out permitted activities, and include Rules BIO.1.2 and BIO.1.3 which permit the clearance, modification or removal of indigenous vegetation if it is for the purpose of providing for the safe operation of, or to prevent damage to, an existing network utility, or where associated with the operation, maintenance, minor upgrading, repair or removal of any existing regionally significant infrastructure. Transpower requests amendments to Rule BIO.1.4 with respect to wind thrown or dead standing trees where there is a risk to network utilities. Natural Features and Landscapes 3.17 Transpower supports the Natural Features and Landscapes (NFL) objectives and policies, in particular Policy NFL.1 and its specific reference to inappropriate subdivision, land use and development Attached to this submission is a map of the Transpower assets throughout the Southland District. It appears that the only line affected by its location through a potential Outstanding NFL is a portion (40 50 km) of the 220 kv transmission line from the south western extent of Lake Manapouri, where it passes through the Fiordland / Rakiura Zone. 3

8 3.19 However, it is difficult from the planning maps to determine whether this is also considered as an Outstanding NFL or not. It is not covered by the green dotted overlay that is shown on the map legends to depict an Outstanding NFL, but the introductory wording within Section 2.3 of the psdp (page 17) indicates that Outstanding NFLs have been identified in the Fiordland / Rakiura Zone In the event that the Outstanding NFL does cover the area of the Fiordland / Rakiura Zone, Transpower s assets through this area need to be specifically provided for to give better effect to the NPSET. Transpower submits that a policy similar to Policy CE.5 for the Coastal Environment be added to the Natural Features and Landscapes Policies. Coastal Environment 3.21 Transpower supports the Coastal Environment objectives and policies, in particular Policy CE.5 which recognises that some activities including infrastructure need to be located in the Coastal Environment. Further, Policy CE.6 requires the maintenance and enhancement of public access to and along the Coastal Environment, and Policy CE.7 recognises that in existing settlements and urban areas there may be scope for some appropriate subdivision, land use and development. Subdivision 3.22 It is important that subdivision, land use and development do not adversely affect Transpower transmission lines and other assets, as required by Policy 10 of the NPSET, and the policy framework of the Proposed RPS (Policies INF.3 and INF.5). Transpower supports Policy SUB.15 to avoid, remedy or mitigate reverse sensitivity effects on transmission corridors, and requests additions to specify the need for the identification of building platforms where subdivision occurs in close proximity to transmission lines or the wider transmission network, and acknowledgement of those activities that can be compatible near transmission lines Additionally, Rule SUB.1 which provides for a controlled activity status for subdivisions to provide for an unmanned utility network is supported by Transpower and is considered to give effect to the NPSET and policy direction of the Proposed RPS (Policy INF.5) Transpower submits that to more effectively achieve Policy SUB.15, a new subdivision rule is also required to provide for a restricted discretionary activity in circumstances where subdivision is proposed with a building platform identified outside of a Transmission Yard, but within a Transmission Corridor, with matters for discretion including, but not limited to, the risk to the structural integrity of the transmission asset, and any technical advice provided by Transpower Additionally, where a subdivision identifies a building platform within a transmission yard, this should be a non-complying activity. A new definition is requested to clearly define a transmission yard, which is essentially the area closest to transmission lines (approximately 12 m either side). Subsequential renumbering is requested as well as a minor amendment to Rule SUB.3 to provide for subdivision activities within the transmission yard as a non-complying activity Finally, Rule SUB.4 prohibits subdivision in a National Park. Designation D238 of the psdp is for the Manapouri Outdoor Switchyard within the Fiordland National Park, and a 220 kv transmission line runs from the south western extent of Lake Manapouri through the National Park within the Fiordland / Rakiura Zone. Transpower currently leases that land where the switchyard is located. Transpower submits that it is reasonable to have an exception added to the rule to allow for subdivision in the event that Transpower is ever required to take over ownership of the land through which that infrastructure is located within the National Park in the Fiordland / Rakiura Zone. 4

9 Natural Hazards 3.27 Transmission lines currently traverse a broad range of environments including those that are subject to natural hazards, and Transpower is concerned that Policy NHZ.1 is too restrictive in terms of its avoidance of natural hazard areas for its infrastructure. The risk from natural hazards is a factor that is considered in any line route selection process and throughout the South Island there are numerous sections of transmission lines that traverse earthquake faults and flood zones, with some structures located within the rivers themselves in order to span those natural features Transpower submits that the policy should be amended to allow for regionally significant infrastructure where it can be designed to deal with the risk from natural hazards Transpower is supportive of Policy NHZ.5 which seeks to ensure that activities undertaken in areas subject to natural hazards should not exacerbate that hazard. However Transpower submits that this policy should be extended to also ensure that activities do not cause greater effects on existing activities. Waste, Hazardous Substances and Contaminated Land 3.30 Transpower is generally supportive of the objectives and policies in this section. In particular Transpower supports the retention of Rule HAZS.1.7 which provides for the storage and use of transformer cooling oils in electricity transformers as a permitted activity. Energy, Minerals and Infrastructure 3.31 Transpower generally supports the Energy, Minerals and Infrastructure section of the psdp, and considers it appropriate to address these matters in a separate section of the psdp Although the introductory commentary provided in the Energy, Minerals and Infrastructure section of the psdp makes appropriate mention of NESETA, Transpower is concerned that no specific mention is made on the NPSET. It is important to note that the NPSET requires decision makers to assess adverse effects when considering new or upgraded electricity infrastructure in both urban and rural settings, whilst also enabling the reasonable operational, maintenance and minor upgrade requirements of established electricity transmission assets Transpower supports the recognition in Policy INF.2 of the technical, operational and functional requirements for the location of infrastructure, as well as the requirement in Policy INF.3 for the protection of infrastructure from incompatible activities, however some amendments to Policy INF.3 are requested in order to give better effect to the NPSET. In particularly Policy 10 of the NPSET, which requires decision makers to manage activities to avoid reverse sensitivity effects on the transmission network and ensure that the operation, maintenance, upgrading and development of the network is not compromised, and Policy 11 which requires consultation with Transpower to identify an appropriate buffer corridor within which sensitive activities would generally not be provided for in plans Policy INF.4 requires climate change and natural hazards to be avoided when locating infrastructure. Transpower submits that Policy INF.4 should be amended to better acknowledge instances where a location is necessary for operational or technical purposes, which accords with the recognition of this provided in Policy INF.2. This was discussed above with respect to areas subject to natural hazards. It is important to note that infrastructure is able to be designed to withstand particular climate change hazards, such as flooding, and that there are climate change effects that will not affect Transpower assets, such as drought. As an example, Transpower's infrastructure, and the operation of Transpower sites, was severely 5

10 tested during the Canterbury earthquakes, but the network sustained very little damage and there were no hazardous substances spills or other adverse environmental effects from the transmission network as a result of the earthquakes. Transpower seeks that Policy INF.4 be amended to reflect the need for the risks from climate change and natural hazards to be taken into account when developing, operating, maintaining or upgrading facilities The psdp includes a definition of transmission corridor and Transpower has requested amendments to the definition, along with definitions for transmission yard, and sensitive activities to provide clarity around activities that are appropriate within certain distances of transmission lines. The approach taken in this submission has followed discussions with various stakeholders around the country. For example, certain activities associated with development, such as other infrastructure, roads, or open space areas, rural production activities such as grazing and horticulture, are able to be appropriately located under or near transmission lines. Conversely, there are certain sensitive activities that are not compatible, and should be prevented from locating within a certain distance of transmission lines or the wider transmission network Transpower is supportive of the approach to the Infrastructure Rules, in particular that Rule INF.1 permits operation, maintenance, repair and minor upgrade works, and that Rule INF.3 provides for new works as a discretionary activity. Water and Surface Water Activities 3.37 Many Transpower assets are located near, and sometimes across waterways, and it is important that other activities in these areas do no adversely affect the efficient functioning of those assets. Policy SWA.1 specifically provides for this protection and Transpower supports this policy. Rural Zone 3.38 Transpower generally supports the Rural Zone objectives and policies. Much of Transpower s infrastructure is located in the Rural Zone, in particular the transmission lines and structures and it is important that these are permitted to function efficiently to give effect to the NPSET, and the Operative and Proposed RPS Policy RURAL.10 is to avoid, remedy or mitigate reverse sensitivity effects on transmission lines in identified transmission corridors. Transpower supports the intent of this policy but submits that it should not be restricted to the transmission corridors, as other significant infrastructure associated with the National Grid outside of the transmission corridors also requires protecting from reverse sensitivity effects within the Rural Zone Rule RURAL.1 sets out those activities that are permitted in the Rural Zone, including provisions around earthworks. Transpower requests that additional earthworks rules are added to specifically cover earthworks undertaken within a transmission yard in order to better achieve Policy RURAL Rule RURAL.1 also includes as a permitted activity, the operation, maintenance, refurbishment, enhancement and minor upgrading of any existing energy facilities, provided no external modification is undertaken. Transpower supports this rule, but seeks clarification on the term external modification Amendments requested to Rule RURAL.1 also include the allowance of certain activities within transmission yards. Transpower has undertaken analysis of the various types of lines within the network and based on this analysis and discussions with stakeholders, Transpower submits that the restricted discretionary status of any activity within transmission corridors is overly restrictive, and would require resource 6

11 consent for many routine rural activities that can be compatible within transmission corridors, and transmission yards (which cover the area closer to the lines than the wider transmission corridor). As stated above, Transpower also requests amendments to the definition of transmission corridor, and the insertion of new definitions for transmission yard and sensitive activities, which will provide the clarity required when dealing with a proposal to locate activities in proximity to transmission lines To this end, amendments are requested to Rule RURAL.1 to allow certain activities within a transmission yard, Rule RURAL.3 to delete the restricted discretionary requirement within transmission corridors, and Rule RURAL.5 to provide for noncomplying activity status for sensitive activities within a transmission yard. Urban Zone 3.44 Policy URB.7 is to avoid, remedy or mitigate reverse sensitivity effects on transmission lines in identified transmission corridors. Transpower supports the intent of this policy but submits that in order to give more appropriate effect to the NPSET it should not be restricted to the transmission corridors, as other significant infrastructure associated with the National Grid outside of the transmission corridors also requires protecting from reverse sensitivity effects within the Urban Zone Rule URB.1 sets out those activities that are permitted in the Urban Zone. Transpower requests that additional earthworks rules are added to specifically cover earthworks undertaken within a transmission yard order to better achieve Policy URB Amendments requested to Rule URB.1 also include the allowance of certain activities within transmission yards. Transpower submits that the restricted discretionary status of any activity within transmission corridors is overly restrictive, and would require resource consent for many routine urban activities that can be compatible within transmission corridors, and transmission yards (which are closer to the lines than the wider transmission corridor). As stated above, Transpower also requests amendments to the definition of transmission corridor, and the insertion of new definitions for transmission yard and sensitive activities, which will provide the clarity required when dealing with a proposal to locate activities in proximity to transmission lines To this end, amendments are requested to Rule URB.1 to allow certain activities within a transmission yard, Rule URB.2 to delete the restricted discretionary requirement within transmission corridors, Rule URB.3 to provide for certain activities as discretionary, and Rule URB.4 to provide for non-complying activity status for sensitive activities in within a transmission yard. Fiordland / Rakiura Zone 3.48 Transpower owns infrastructure within the Fiordland / Rakiura Zone. This is recognised, and maintenance and minor upgrade work is provided for by Policy FRZ.8 of the psdp. To achieve Policy FRZ.8, Rule FRZ.1.2 permits the operation, maintenance, refurbishment, enhancement and minor upgrading of any existing renewable electricity facilities. Transpower supports Policy FRZ.8, and Rule FRZ.1. Definitions 3.49 There are a number of definitions that are relevant to Transpower activities including energy facility, transmission line, transmission corridor, network utility, minor upgrading and infrastructure. Transpower requests a number of amendments to be 7

12 made to some of the definitions in order to provide greater clarity for users of the psdp Transpower submits that the definition for transmission corridor requires the most substantial amendment in order to provide for the range of transmission corridor widths identified by Transpower following the completion of technical analysis; which identified the swing of the conductors for each asset type. The corridor widths proposed are based on the 95 th percentile maximum swing of conductors for each asset type. To this end an additional definition is proposed for transmission yard to encompass the area closest to the lines, within which activities are most restricted. It is important to note that this distinction within the definitions will help to provide for more permissive rules that allow for certain activities within the transmission yard. Note also that the only restriction on activities within the wider transmission corridor requested by Transpower is for subdivision, in terms of the provision of building platforms to determine future building location. Designations 3.51 Section 5.3 of the psdp lists the designations, their locations and site sizes. Transpower notes that there are errors in the psdp with respect to the Edendale and North Makarewa substations and seeks amendments to ensure that the psdp correctly reflects the rollover notice. Amendments are requested to include the correct size of these sites in hectares rather than in square metres, and to include the other section reference that the Edendale site covers. Information for Resource Consents 3.52 Transpower supports the identification of a list of requirements for information and plans to be provided with resource consent applications. One matter that is not specifically provided for is the location of transmission lines across an application site where relevant. Transpower therefore requests that this requirement be added to the land use and subdivision plan requirements for resource consents under the psdp. Planning Maps 3.53 Transpower supports that transmission lines are shown on all of the relevant planning maps. This is necessary to provide clarity around the location of transmission lines throughout the district and to give effect to Policy 12 of the NPSET. However Transpower note that the mapping for the Fiordland / Rakiura Zone (Map FRZ1) does not show the transmission line or the Manapouri substation site (D238). Also for the purposes of clarity, Transpower submits that all designations be clearly shown on the planning maps. It is unclear from the maps (Map 52) that the Edendale substation site occupies Lot 3 DP as well as Pt Sec II Blk II Town of Edendale. SPECIFIC SUBMISSION POINTS 4.0 The specific submission points are recorded in the attached table. DECISION SOUGHT The submitter seeks: (a) That the issues raised in this submission are appropriately addressed, particularly as detailed in the attached table. (b) Such further or consequential amendments necessary to give effect to this submission. 8

13 5.0 The submitter wishes to be heard. 6.0 If others make a similar submission, Transpower will consider presenting a joint case with them at a hearing. Submitter: Transpower New Zealand Limited Attention: Mike Hurley Environmental Advisor - Policy 96 The Terrace PO Box 1021 Wellington 6140 (04) mike.hurley@transpower.co.nz Address for service: Golder Associates (NZ) Ltd 132 Tuam Street (PO Box 2281) Christchurch 8011 (8140) Attention: Jane West Telephone: (03) jwest@golder.co.nz Date 25 February

14 Proposed SDP Provision Submission Decision Sought General Section 1 Introduction Section 1.5 Relationship with Other Plans and Policy Documents Transpower seeks the following general outcomes: the benefits of electricity transmission are recognised; the NPSET is given effect to in the context of both protecting existing and enabling new high voltage electricity transmission lines; the NESETA is appropriately recognised and provided for to ensure the effective operation, maintenance and upgrade of the high voltage electricity transmission lines; and the need for long term planning on the National Grid is acknowledged and provided for through an appropriate District Plan policy framework. Section 1.5 identifies that in preparing the district plan, the Council must consider a range of other plans and policy documents of relevance to the district, and includes Figure 1 Legislative and Policy Framework in New Zealand. Relief as outlined below That Figure 1 under Section 1.5 is retained. Transpower supports the inclusion of Figure 1 and in particular the hierarchy of National Policy Statements, that district plans must give effect to under Section 75(3) of the RMA. Section 2 District-wide Objectives, Policies, Methods and Rules Section 2.2 Biodiversity Section 2.3 Natural Features and Landscapes Transpower supports Rule BIO.1.2 and BIO.1.3, and requests that the reference to network utilities and regionally significant infrastructure also be recognised in Rule BIO.1.4 with respect to the removal of wind thrown trees or dead standing trees. Transpower supports with amendments the policy and rule framework on biodiversity. Attached to this submission is a map of the Transpower assets throughout the Southland District. A km portion of the 220 kv transmission line passes through the Fiordland / Rakiura Zone from the south western extent of 1 That Rule BIO.1.4 be amended as follows: The removal of wind thrown trees or dead standing trees which have died as a result of natural causes where this is necessary to avoid adverse effects on remaining trees, or vegetation, or to avoid risks to buildings,. existing network utility, existing regionally significant infrastructure or existing renewable electricity facilities. That the planning map overlays be clarified in terms of the Outstanding NFL throughout the Fiordland / Rakiura Zone.

15 Proposed SDP Provision Submission Decision Sought Lake Manapouri. There is some confusion between the planning maps and the introductory commentary of Section 2.3 of the psdp, whereby the Outstanding NFL is specifically referred to as being within the Fiordland / Rakiura Zone, however the Outstanding NFL overlay is not shown on the planning maps throughout this area. Transpower supports with amendments the Natural Features and Landscapes commentary and planning maps. That a new Policy is inserted after NFL.1 as follows: Recognise that activities such as network utilities and other infrastructure may have a functional, technical or operational requirement to be sited within an Outstanding Natural Feature or Landscape, or Visual Amenity Landscape. along with the subsequent renumbering of policies NFL.2 to NFL.4. That Policy NFL.1 is retained. In the event that the Outstanding NFL does cover the area of the Fiordland / Rakiura Zone, Transpower s assets through this area need to be specifically provided for to give better effect to the NPSET. Transpower submits that a policy be added to the Natural Features and Landscapes Policies to recognise the importance of this existing infrastructure. Section 2.4 Coastal Environment Section 2.6 Subdivision Transpower supports the reference in NFL.1 to inappropriate subdivision, land use and development. Policy CE.5 recognises that some activities including infrastructure need to be located in the Coastal Environment. Policy CE.6 requires the maintenance and enhancement of public access to and along the Coastal Environment, and Policy CE.7 recognises that in existing settlements and urban areas, there may be scope for some appropriate subdivision, land use and development. The Coastal Environment policy framework is supported by Transpower. Transpower supports with amendments Subdivision Policy SUB.15 to avoid, remedy or mitigate reverse sensitivity effects on the transmission network, as required by Policy 10 of the NPSET. That Policies CE.5, CE.6 and CE.7 be retained. That Policy SUB.15 be amended as follows: Avoid, remedy or mitigate reverse sensitivity effects on the transmission network, corridors.in particular: (a) To ensure that building platforms are identified for 2

16 Proposed SDP Provision Submission Decision Sought Additionally, Rule SUB.1 which provides for a controlled activity status for subdivisions to provide for an unmanned utility network is supported by Transpower and is considered to give effect to the NPSET. Transpower submits that in order to more effectively achieve Policy SUB.15, a new restricted discretionary activity be inserted that provides matters for consideration when subdivision is proposed with a building platform identified outside of a transmission yard but within a transmission corridor. subdivisions in close proximity to transmission corridors or the wider transmission network, with regard being given to the range of activities that are likely to be subsequently established; (b) To recognise that compatible activities, such as infrastructure, roads or open space areas, can be appropriately located under or in close proximity to transmission lines. That Rule SUB.1.1 is retained. The subsequent renumbering of the other subdivision rules also requires a minor amendment to Rule SUB.3 (to become Rule SUB.4 for non-complying activities). Finally, Transpower supports with amendments Rule SUB.4 (to become Rule SUB.5). Designation D238 in the psdp is located in the National Park in the Fiordland / Rakiura Zone. It is requested to have an exception added to the rule to allow for subdivision in the event that Transpower is ever required to take over ownership of the land through which that infrastructure is located within the National Park in the Fiordland / Rakiura Zone. 3 That a new Rule SUB.2 is inserted as follows: Rule SUB.2 Restricted Discretionary Activity Any subdivision within a Transmission Corridor with a building platform identified outside of a transmission yard, is a restricted discretionary activity, and the matters over which the Council shall restrict its discretion are: (a) The risk to the structural integrity of the transmission asset; (b) The extent to which the subdivision design avoids, remedies or mitigates conflicts with existing transmission assets, for example through the location and design of roads, reserves, landscaping and building platforms; (c) The ability for operation, maintenance and planned upgrade of the transmission asset, including inspection of transmission lines; (d) The extent to which the subdivision design and consequential development will minimise the risk of injury and / or property damage from such lines; (e) The extent to which the subdivision design and consequential development will minimise the potential reverse sensitivity and nuisance effects of the transmission asset; (f) The ability to provide a complying building platform; (g) Compliance with the New Zealand Electrical Code of Practice for Electrical Safe Distances (NZECR34:2001); and

17 Proposed SDP Provision Submission Decision Sought (h) Technical advice from the lines operator on the effects on and from the transmission network. And consequential renumbering of the other Subdivision Rules. That Rule SUB.3 be amended as follows: Rule SUB.4 SUB.3 Non-Complying Activity The following subdivision activities are Non-Complying Activities: 1. Any subdivision that does not comply with Rule SUB.2, or SUB Section 2.7 Natural Hazards Section 2.8 Waste, Hazardous Substances and Contaminated Land Transmission lines currently traverse a broad range of environments including those that are subject to natural hazards. The risk from natural hazards is a factor that is considered in any line route selection process and throughout the South Island and the infrastructure can be designed to cope with a range of natural hazards. Transpower supports with amendments Policy NHZ.1. Policy NHZ.5 seeks to ensure that activities undertaken in areas subject to natural hazards should not exacerbate that hazard, which Transpower supports with amendments to also ensure that activities do not cause greater effects on existing activities. Transpower supports Rule HAZS.1.7 which provides for the storage and use of transformer cooling oils in electricity transformers as a permitted activity. That Rule SUB.4 (to become Rule SUB.5) be amended as follows: Rule SUB.5 SUB.4 Prohibited Activities The subdivision of any land within a National Park is a Prohibited Activity, except where required for an unmanned network utility, which is a non-complying activity. That Policy NHZ.1 be amended as follows: Avoid wherever possible subdivision, land use and development, and avoid where practicable the placement of regionally significant infrastructure, in areas at significant risk from natural hazards. That Policy NHZ.5 be amended as follows: Subdivision, land use, development and physical protection works shall not exacerbate the risk of natural hazards., and where they are undertaken in areas at significant risk from natural hazards they shall not result in adverse effects on other existing activities. That Rule HAZS.1.7 is retained. 4

18 Proposed SDP Provision Submission Decision Sought Section 2.9 Energy, Minerals and Infrastructure Transpower supports with amendments the introductory information provided in Section 2.9, and submits that additional commentary on the NPSET is inserted. Transpower supports Policy INF.2 and supports with amendments to Policy INF.3 and the explanation to Policy INF.3. Transpower submits that Policy INF.4 be amended to better acknowledge instances where infrastructure is located where necessary for operational or technical purposes. Policy INF.4 is supported with amendments. Certain activities associated with development, such as other infrastructure, roads or open space areas, are able to be appropriately located under or near transmission lines. Conversely, there are certain sensitive activities that are not compatible, and should be prevented from locating within a certain distance of transmission lines or the wider transmission network. To this end, amendments are also requested to the definition of transmission corridor and new definitions of transmission yard and sensitive activities are requested that will assist with the meaning of the requested amendments to policies. Transpower supports Rules INF.1 and INF.3. Under the heading Infrastructure and after the commentary on the NPSET, insert the following: The National Policy Statement on Electricity Transmission 2008 (NPSET) recognises the national significance of the need to operate, maintain, develop and upgrade the electricity transmission network and Section 75 (3) of the RMA requires district plans to give effect to the NPSET. In particular the NPSET requires decision makers to recognise and provide for the national, regional and local benefits of sustainable, secure and efficient electricity transmission, and to recognise and provide for the effective operation, maintenance, upgrading and development of the network. That Policies INF.2 is retained. Amend Policy INF.3 as follows: Protect infrastructure, particularly regionally significant infrastructure, from incompatible subdivision, land use and development, in particular: (a) Ensure that subdivision, land use and development does not compromise the safe and efficient access to, operation of, or maintenance and minor upgrading of, the transmission network; (b) Ensure that electrical safe distances are maintained in accordance with the relevant New Zealand Code of Practice for Electrical Safe Distances; (c) Manage sensitive activities to avoid exposure to risk or nuisance and to avoid, remedy or mitigate adverse effects on amenity; (d) Avoid sensitive activities, or the expansion of existing sensitive activities from locating within a transmission corridor where they would affect or be affected by the transmission line That the following explanation is added to the Policy INF.3 Explanation: 5

19 Proposed SDP Provision Submission Decision Sought The NPSET confirms the national significance of the National Grid, and establishes national policy direction to recognise the benefits of transmission, the effects of the National Grid and the need to appropriately manage activities and development in close proximity to it. The requirement for district plans to give effect to National Policy Statements is to ensure a nationally consistent approach on issues of national importance. It is therefore important that local policy reflects national priorities and is proactive in helping to support the integrated management of natural and physical resources. That Policy INF.4 is amended as follows: Infrastructure, particularly regionally significant infrastructure, should take into account be located so that the risks from effects of climate change and natural hazards when developing, operating, maintaining or upgrading facilities are avoided. Section 2.13 Water and Surface Water Activities Section 3 Zone Objectives, Policies, Rules and Methods Section 3.1 Rural Zone Transpower supports Policy SWA.1.7 that allows for surface water activities to be undertaken in a manner that does not impact on regionally significant infrastructure. Policy RURAL.10 is to avoid, remedy or mitigate reverse sensitivity effects on transmission lines in identified transmission corridors. Transpower supports the intent of this policy but submits that it should not be restricted to the transmission corridors, as other significant infrastructure associated with the National Grid outside of the transmission corridors requires protection from reverse sensitivity effects within the Rural Zone. Policy RURAL.10 is supported with amendments by Transpower in order to give better effect to the NPSET. 6 That Rules INF.1 and INF.3 are retained. That Policy SWA.1 is retained. That Policy RURAL.10 is amended as follows: Avoid, remedy or mitigate reverse sensitivity effects on the transmission network in identified transmission corridors. That an addition to Rule RURAL.1 is inserted before point 7 Earthworks within a Riparian Margin, as follows: 7. Earthworks within a Transmission Yard (a) Are no deeper than 300 mm within 2.2 m of a transmission pole support structure or stay wire; and (b) Are no deeper than 750 mm between 2.2 m to 5 m from a transmission pole support structure or stay wire. (c) Are no deeper than 300 mm within 6 m of the outer

20 Proposed SDP Provision Submission Decision Sought Rule RURAL.1 is supported with amendments by Transpower to achieve the requirements of Policy RURAL.10. Additional rules are requested to ensure that earthworks around transmission lines and structures are specifically provided for. An amendment to Rule RURAL.5 is also requested in order to provide for non-compliance with the rule RURAL.1 addition as a non-complying activity. Transpower submits that the restricted discretionary status under Rule RURAL.3 of any activity within transmission corridors is overly restrictive, and would require resource consent for many routine rural activities that are in fact compatible within transmission corridors, and transmission yards (which are closer to the lines than the wider transmission corridor). Amendments are requested to Rule RURAL.1 to allow certain activities within a transmission yard, Rule RURAL.3 to delete the restricted discretionary requirement within transmission corridors, and Rule RURAL.5 to provide for non-complying activity status for sensitive activities within a transmission yard. Transpower supports with amendments Rule RURAL.1, Rule RURAL.3 and Rule RURAL.5. edge of a transmission tower support structure; and (d) Are no deeper than 3 m between 6 m to 12 m from the outer visible edge of a transmission tower support structure. (e) Do not create an unstable batter that will affect a transmission support structure; and / or (f) Do not result in a reduction in the ground to conductor clearance distances as required by table four of NZECP34. Provided that the following activities are exempt from (a) and (b) above: (i) earthworks undertaken by a Network Utility Operator; or, (ii) Earthworks undertaken as part of agricultural or domestic cultivation, or repair, sealing or resealing of a road, footpath or driveway. and renumber the other Rule RURAL.1 sections accordingly. That a new section to Rule RURAL.1 be inserted after 17 Existing Energy Facilities as follows: 18. Activities within a Transmission Yard Within any part of a Transmission Yard the following are permitted: (a) Alterations and additions to existing buildings for sensitive activities that do not involve an increase in the building envelope; (b) Mobile machinery and equipment; (c) Network utilities and energy facilities ; (d) Any other activity or structure that is not a noncomplying activity in Rule RURAL.5. And renumber the other Rule RURAL.1 sections accordingly. That Rule RURAL.3.3 Transmission Corridors be deleted. 7 That Rule RURAL.5 be amended as follows: The following are non-complying activities: 1. Buildings to be erected in an area of Outstanding

21 Proposed SDP Provision Submission Decision Sought Natural Features and Landscapes or buildings over 6 metres in height in an area of Visual Amenity Landscapes are Non-Complying Activities. 2. Within any Transmission Yard: (a) Earthworks that do not comply with Rule RURAL.1.7 Earthworks within a Transmission Yard. (b) Any building for a sensitive activity. (c) Any change of use to a sensitive activity or the establishment of a new sensitive activity. (d) Any building or structure (except fences) located less than 12 m from the outer edge of a transmission line support structure. (e) Any building or structure over 1.5m unless it is demonstrated that safe separation distances under NZECP34 are maintained under all transmission line operating conditions. (f) Any building or structure associated with a commercial or industrial activity other than a farming activity. That clarification is provided in the wording of Rule RURAL.1 for the term external modification, which occurs within Rule RURAL.1.17 Existing Energy Facilities. 8

22 Proposed SDP Provision Submission Decision Sought Section 3.2 Urban Zone Policy URB.7 is to avoid, remedy or mitigate reverse sensitivity effects on transmission lines in identified transmission corridors. Transpower supports the intent of this policy but submits that it should not be restricted to the transmission corridors, as other significant infrastructure outside of the transmission corridors requires protecting from reverse sensitivity effects within the Urban Zone. Policy URB.7 is supported with amendments by Transpower in order to give better effect to the NPSET. Rule URB.1 sets out those activities that are permitted in the Urban Zone. Transpower supports with amendments Rule URB.1 and requests that additional earthworks rules are added to specifically cover earthworks undertaken within a transmission yard order to better achieve Policy URB.7. Transpower submits that the restricted discretionary status of any activity within transmission corridors is overly restrictive, and would require resource consent for many routine urban activities (e.g. recreation activities, car parks) that can be compatible within transmission corridors, and transmission yards (which are closer to the lines than the wider transmission corridor). Amendments are requested to Rule URB.1 to allow certain activities within a transmission yard, Rule URB.2 to delete the restricted discretionary requirement within transmission corridors, Rule URB.3 to introduce a discretionary status for certain activities within a transmission yard, and Rule URB.4 to provide for noncomplying activity status for sensitive activities within a transmission yard. Transpower supports with amendments Rule URB.1, Rule URB.2, Rule URB.3, and Rule URB.4. That Policy URB.7 is amended as follows: Avoid, remedy or mitigate reverse sensitivity effects on the transmission network within identified transmission corridors. That additions to Rule URB.1 be inserted as follows: 7. Earthworks within a Transmission Yard: (a) Are no deeper than 300 mm within 2.2 m of a transmission pole support structure or stay wire; and (b) Are no deeper than 750 mm between 2.2 m and 5 m from a transmission pole support structure or stay wire. (c) Are no deeper than 300 mm within 6 m of the outer visible edge of a transmission tower support structure; and (d) Are no deeper than 3 m between 6 m to 12 m from the outer visible edge of a transmission tower support structure. (e) Do not create an unstable batter that will affect a transmission support structure; and / or (f) Do not result in a reduction in the ground to conductor clearance distances as required by table four of NZECP34. Provided that the following activities are exempt from (a) and (b) above: (i) earthworks undertaken by a Network Utility Operator; or, (ii) Earthworks undertaken as part of agricultural or domestic cultivation, or repair, sealing or resealing of a road, footpath or driveway. 9

23 Proposed SDP Provision Submission Decision Sought 8. Activities within a Transmission Yard Within any part of a Transmission Yard the following are permitted: (a) Buildings less than 2.5 m high and 10 m 2 in area; (b) Alterations and additions to existing buildings that do not involve an increase in floor space; (c) Mobile machinery and equipment; (d) Network utilities and energy facilities; (e) Any fence up to 2.5m high; (f) Recreational activities; Delete Rule URB.2.3 Activities or buildings within a transmission corridor. That there be an addition to Rule URB.3 as follows: 3. Within any transmission yard, any building or structure associated with commercial or industrial activities on an existing site. That there be additions to Rule URB.4 as follows: 4. Within a Transmission Yard: (a) Any building or addition to a building for a sensitive activity. (b) A change of use to a sensitive activity or the establishment of a new sensitive activity. (c) Any building or structure (except fences) located less than 12 m from the outer edge of a transmission line support structure. (d) Any building or structure over 1.5m high unless it is demonstrated that safe separation distances under NZECP34 are maintained under all transmission line operating conditions. 10

24 Proposed SDP Provision Submission Decision Sought (e) Any earthworks that cannot comply with Rule URB.1.7. (f) Any building or structure that is not a permitted activity in Rule URB.1, or discretionary in Rule URB.3. Section 3.5 Fiordland / Rakiura Zone Transpower owns infrastructure within the Fiordland / Rakiura Zone, which is recognised and provided for by Policy FRZ.8 of the psdp. Rule FRZ.1.2 permits the operation, maintenance, refurbishment, enhancement and minor upgrading of any existing renewable electricity facilities. That Policy FRZ.8 and Rule FRZ.1 are retained. Transpower supports Policy FRZ.8, and Rule FRZ.1 11

25 Section 4 Definitions Minor upgrading The definition for minor upgrading (in relation to existing energy facilities) has a statement To be completed prior to notification. The term minor upgrading is used extensively throughout the policy and rule framework of the psdp. The exact definition of minor upgrading (in relation to existing energy facilities) may have an effect on Transpower s operations, and is currently a cause for confusion. Transpower submits that its facilities would be covered by a small amendment to the definition of minor upgrading (in relation to transmission and distribution lines), which will provide clarity around necessary minor upgrade requirements across the wider transmission network. Transpower opposes the definition of minor upgrading (in relation to existing energy facilities) and submits that it be deleted. That the definition for minor upgrading (in relation to existing energy facilities) be deleted. That the definition for minor upgrading (in relation to transmission and distribution lines) be amended as follows: Minor upgrading (in relation to the transmission network and distribution lines): Network Utility (Network Utilities) Transpower supports with amendments the definition for minor upgrading (in relation to transmission and distribution lines). The definition of network utility in the psdp insofar as Transpower s network is concerned refers to Section 2 of the Electricity Act 1992 (EA) for electricity generation or distribution. However, the Section 2 definitions in the EA are for electricity operator and electricity distributor, therefore Transpower supports with amendments the definition of network utility. That the definition of Network Utility (Network Utilities) be amended as follows: The network operated by an eelectricity operatorion or electricity distributorion as defined in Section 2 of the Electricity Act

26 Sensitive Activities (requested new definition) Energy Facilities Transmission Network Sensitive activities are widely recognised as those that have the greatest potential to create reverse sensitivity effects, and this is a matter of concern for Transpower, particularly with respect to transmission corridors, and activities that are incompatible when established in close proximity. However, there is no definition in the psdp as to what is considered to be a sensitive activity, and some clarity around this would be useful. Transpower submits that a new definition for sensitive activities be inserted. Transpower supports this definition due to its importance in distinguishing between small private facilities, and those used to generate or distribute energy to the public. Transpower supports this definition which captures all of the components of the National Grid. That a new definition be inserted after the definition for Rural Service Activity as follows: Sensitive Activities: means those activities which are sensitive to the risks associated with high voltage transmission lines and associated adverse effects, because of either the period of exposure to the risk or the vulnerability of the population that is exposed to the risk. Such activities includes residential activities, educational facilities, rest homes, hospitals or other buildings occupied by people for 20 hours a week or more. That the definition of Energy Facilities is retained. That the definition of Transmission Network is retained. 13

27 Transmission Corridor Transmission Yard (requested new definition) Transpower supports with amendments the definition of transmission corridor. It is important that a transmission corridor is identified and that there is a setback from the corridor outside of which activities can be safely located. However, Transpower submits that amendments are required to the current definition in order to reflect the different setbacks required depending on the type of structure on which the transmission lines are attached in order to provide a more permissive approach. Transpower also requests a new definition for transmission yard be inserted to distinguish between the area closest to the lines, and the remainder of the wider transmission corridor. That the definition of transmission corridor be amended as follows: Transmission Corridor: means the area measured either side of the centreline of above ground electricity transmission lines as follows: 16 m for the 110 kv transmission lines on pi poles 37 m for the 220 kv transmission lines the area of land located within 16 metres either side of the transmission line. 14