introduction.. statement of facts and issues
extracts from the Proposed District Plan
issues to be heard
careys bay proposed noise management regime

INTRODUCTION: Statement of Facts and Issues
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BEFORE THE ENVIRONMENT COURT  RMA: 917/99
 

IN THE MATTER	of the Resource Management Act 1991
AND IN THE MATTER OF	a Reference to the Environment Court under Clause 14 of the First Schedule to the Resource Management Act 1991
BETWEEN	The Careys Bay Association Incorporated
	Referrer
AND	DUNEDIN CITY COUNCIL
	Respondent
AND	Port Otago Limited
AND	South Wood Limited
AND	Public Health South, Otago District Health Board
	Parties pursuant to s. 271A

Background

1. This reference concerns provision in the Dunedin City Proposed District Plan for management of noise associated with port activities at Port Chalmers.

2. Port Chalmers is situated approximately halfway along the western shore of Otago Harbour and is the home of one of Dunedin’s two commercial ports. The port at Port Chalmers was established in the early days of Otago’s settlement. It now provides the only two fully equipped deep draught container and multi-purpose berths in the lower South Island, together with two deep draught forestry berths, and makes a significant contribution to the economy of Dunedin City and the wider region.

 3. The port is the focal point of the Port Chalmers township. The commercial centre of the township rises from the port and is flanked by residential areas. Residents at Observation Point (above Back Beach) and Careys Bay, in particular, overlook the area occupied by the port.

4. The port underwent significant expansion in the early to mid-1990s, carrying out reclamations adjoining Back Beach and Careys Bay and excavating part of Flagstaff Hill (between Back Beach and the port) in order to extend the operational area. The proposals for these works attracted significant opposition in the local community and were the subject of litigation in the Planning Tribunal, High Court and Court of Appeal. Noise controls were one of the issues contested in these cases, particularly in Port Otago Ltd and others v Dunedin City Council (C97/92, C48/93) and Port Otago Ltd v Dunedin City Council (AP112/93), and in applications for declarations and enforcement orders: Hall v Port Otago Ltd (C36/95), Hall v Port Otago Ltd (C34/96 and C48/96), Port Otago Ltd v Hall (AP184/96).

5. As a result of the proceedings above, noise controls were included in the Commercial Port Zone in the Transitional District Plan (Port Chalmers Section) as follows:

  Ordinance 12.6 Performance Standards

All uses listed in Ordinance 12.1 are only permitted as predominant uses if they meet the following performance standards:

a       Noise

The corrected noise level (L10) measured at the boundary of any rural or residential zone shall not exceed the following limits:

         7.00 am – 11.00 pm 55 dBA L10
         At all other times 45 dBA L10 and an Lmax of 75 dBA

Noise levels shall be measured in accordance with NZS 6801:1977 Measurement of Noise, and assessed in accordance with NZS 6802:1977 Assessment of Environmental Noise.

Noise generated by vessels at berth is required to comply with this Ordinance…

 This provision was duplicated in conditions of consent for the two reclamations. 

 6. The Proposed District Plan as notified in 1995 split the land area of Dunedin City into various “noise amenity areas” and set noise limits for these. No limits were applied to the Port Zone at Port Chalmers. Land adjacent to the Port Zone, including residential areas at Careys Bay, Back Beach and some land at Observation Point was identified as “Affected by Port Activities”. In this noise amenity area the noise limits above were carried through from the Transitional Plan, but modified to include a “shoulder period” applying from 7.00 am to 8.00 am and 6.00 pm to 11.00 pm each day. The limit imposed in this shoulder period was 50 dBA L10. The notified Proposed Plan also recognised that existing use rights held by port operators could limit the ability to achieve these standards, and promoted the preparation and implementation of a management plan to reduce noise to these levels over time.