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

Relevant provisions in the Proposed District Plan

36. Sustainability Section
The Sustainability Section of the Proposed Plan identifies the overarching resource management issues for Dunedin and sets out the approach of the Plan for addressing these issues. The objectives and policies of this Section provide the framework for the other sections which break the matters identified in the Sustainability Section down into more specific issues
 

Issue 4.1.3 The City has natural and physical resources that must be protected.	Objective 4.2.4 Ensure that significant natural and physical resources are appropriately protected.	Policy 4.3.4 Provide for the protection of the natural and physical resources of the City commensurate with their local, regional and national significance. Explanation The City has responsibilities to its people and communities, and also regionally and nationally to protect significant natural and physical resources. This is recognised by special provisions in the Plan dealing with the Campus and Port Zones…
Issue 4.1.4 The use and development of the natural and physical resources of the City has the potential to cause adverse effects, not all of which are readily apparent.	Objective 4.2.5 Provide a comprehensive planning framework to manage the effects of use and development of resources. Explanation As the use and development of natural and physical resources can have effects beyond the immediate vicinity, have long term effects or contribute to cumulative effects, all adverse effects arising from the use and development need to be considered. A variety of mechanisms will be needed to address different kinds of effects.	Policy 4.3.7 Use zoning to provide for uses and developments which are compatible within identified areas. Policy 4.3.8 Avoid the indiscriminate mixing of incompatible uses and developments. Policy 4.3.9 Require consideration of those uses and developments which: (a) Could give rise to adverse effects.  (b) Give rise to effects that cannot be identified or are not sufficiently understood at the time of preparing or changing the District Plan. Policy 4.3.10 Adopt an holistic approach in assessing the effects of the use and development of natural and physical resources. Explanation Regard must be had to the adverse effect of using or developing natural and physical resources. These effects may include long term effects, cumulative effects, effects beyond the site, and in some cases effects that go beyond the City boundary.

37. Ports Section
The Ports Section of the Proposed District Plan contains provisions enabling the commercial ports in Dunedin City to operate and addressing the adverse effects of their activities on the environment. Provisions relevant to this case include the following:
 

Issue 11.1.4 Activities undertaken within port areas can give rise to adverse effects, including adverse effects in the adjacent coastal marine area. Explanation Adverse effects from port activities, particularly visual impacts, noise and glare, impact on adjoining areas. Port activities require management to minimise those adverse effects.

Objective 11.2.3 Avoid, remedy or mitigate the adverse effects of port activities on areas beyond those used for port activities, including adverse effects in the adjacent coastal marine area. Explanation Port activities give rise to adverse effects and it is not possible to avoid some effects on other areas. The impacts of these effects should, where practical, be avoided, remedied or mitigated.

Policy 11.3.4 Avoid, remedy or mitigate the adverse effects of port activities.  Explanation Adverse effects on the environment can be avoided, remedied or mitigated by requiring compliance with specified standards. Monitoring procedures need to be established to enable the community to have confidence in the provisions of the District Plan. Regular measurement at defined sites would contribute to the monitoring of compliance.

39. Environmental Issues Section
The Environmental Issues Section of the Proposed District Plan contains provisions concerned with control of noise throughout the City. In general noise is controlled by means of L10 noise limits set for various areas. These limits apply as conditions attaching to permitted activities in those areas. However a different approach is used in relation to noise arising from airport activities at Dunedin Airport and port activities at Port Chalmers. This approach is based on the respective New Zealand Standards for airport noise and for port noise. The regime established for Port Chalmers is summarised above at paragraph 14.
 

Issue 21.1.2 Land use activities which generate noise may have an adverse effect on the health of people in the City. Issue 21.1.7 Adverse effects arise from port activities at Port Chalmers and these impact upon adjoining residential areas. Explanation Port Chalmers is the regional deepwater port. At times the port operates extended hours. Houses are located in close proximity to the operational port area. The nature of noise from port operations, being a combination of constant noise in some areas and intermittent and variable noise in other areas, means that it cannot be managed using traditional techniques.

Objective 21.2.2 Ensure that noise associated with the development of resources and the carrying out of activities does not affect public health and amenity values. Explanation … It is necessary and desirable to avoid noise where public health is compromised and amenity values affected. Where people undertake activities in areas where amenity can be degraded by noise generated by permitted activities, it may be necessary to require steps to be taken to avoid, remedy or mitigate the impact, for example residential development near noise-generating activities may be required to include noise attenuating measures.

Policy 21.3.3 Protect people and communities from noise and glare which could impact upon health, safety and amenity. Explanation Noise and glare, which can impact upon the health and safety of people and communities, must be avoided or managed in such a manner as to protect people from adverse effects. This includes determining maximum noise limits in different areas and standards for glare. Other techniques, such as the use of the nuisance provisions under the Act and responding to complaints, can also be used, both for activities managed by the Plan and other activities. Policy 21.3.5 Manage the adverse effects associated with the use and operation of the port facilities at Port Chalmers. Explanation Adverse effects associated with the use and operation of port facilities at Port Chalmers are noise, glare, dust and heavy traffic. Council is aware that the existing operations of the port generate noise, that at times, is a nuisance to residents within adjoining areas. To ensure that the management of noise from port activities is undertaken in a practical manner, recognising the nature and type of noise generated at the port, noise will be managed through the use of a Ldn control. This approach provides for: (a)Managing noise from port activities by requiring compliance with a five day rolling average noise limit at the Port Noise Boundary.

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