Table of Contents Statement of Experience and Qualifications
3
Introduction
3
Background to PC123A Network Utilities – Electricity Transmission
4
Statutory Considerations
6
Consideration of Submissions
7
Entire Plan Change
8
Lack of Information
11
Direct Negotiation with Transpower NZ Limited
12
Property Rights and Compensation
14
Electricity Transmission Line Buffer
17
New Chapter/District Plan Layout
19
Terminology, Electricity Distribution Network and Critical Electricity Lines
20
Description and Expectations
27
Objectives
30
Policies
33
Electricity Infrastructure Land Use Rules (NTW.2.2 and NTW.2.3)
43
Electricity Transmission Corridor Rules (NTW.2.4, NTW.2.5 and NTW.3.2)
48
Outstanding Landscape Areas and Outstanding Natural Features
53
Section 32 Evaluation
54
Conclusion and Recommendations
58
2|Page
Statement of Experience and Qualifications 1.
My name is Melissa Ivy McGrath. I am a Senior Policy Planner for Whangarei District Council. I hold a Bachelor of Arts Degree, Majoring in Environmental Studies, and a Masters in Resource and Environmental Planning both from Massey University.
2.
Growing up and living in the Northland, my predominant experience has been in statutory land use and subdivision planning in the Northland region, with additional experience from work throughout New Zealand. I have been employed in resource management positions in both local government and private practice since 2004.
My experience includes, processing of
project and land information memorandums, processing and reporting on resource consent applications, District Plan formulation and policy advice on behalf of Local Authorities, and the preparation and reporting of resource consent applications from a private perspective. 3.
I confirm that I am familiar with the Whangarei District, having lived in the Far North and resided in Whangarei for the past 3 years. I confirm that the evidence I present is within my areas of expertise and I am not aware of any material facts which might alter or detract from the opinions I express. I have read and agree to comply with the Code of Conduct for expert witnesses as set out in the Environment Court Consolidated Practice Note 2011. The opinions expressed in this and my previous evidence, are based on my qualifications and experience, and are within my area of expertise.
If I rely on the evidence or opinions of another, my evidence will
acknowledge that.
Introduction 5.
This report has been prepared in accordance with section 42A of the Resource Management Act 1991 (RMA) and forms the Planning Report for Proposed Plan Change 123A Network Utilities – Electricity Transmission (PC123A). This report provides consideration of proposed provisions, recommendations in relation to submissions, where appropriate the report crossreferences analysis of and background material and legislative discussions.
6.
In accordance with sections 44 and 55 of the Resource Management Act (RMA), Whangarei District Council (the Council) is required to recognise and implement National Environmental Standards and National Policy Statements. A district plan must be changed as required by the statements and standards and must not contain rules conflicting with standards. The Council’s requirement to give effect to the National Policy Statement on Electricity Transmission (2007) (NPSET) and National Environmental Standards for Electricity Transmission Activities (2009) (NESETA) has formed the impetus for PC123A, being undertaken at this time noting the timeframe required in which to do so.
7.
Section 79 of the RMA sets the Council requirement to review Operative District Plans. The Council must complete a review of all Operative District Plan provisions within any 10 year time period. According to section 79 (2) following a review of provisions, the local authority must undertake a plan change should the local authority consider that the provisions require alteration. Should the local authority consider that no alteration is required it still must publicly
3|Page
notify the provision as if it were a change. To meet this requirement a rolling review method has commenced. 8.
The procedure for rolling review is outlined in Chapter 2 of the Operative District Plan, which sets the expectations for future Council and private plan change applications. Outcomes Sought
9.
•
District Plan shall be streamlined and simplified.
•
Policy and rules shall direct consenting process to provide certainty.
•
Comprehensive policy and objectives shall reflect the sustainable management outcomes sought for the respective District Plan Environments and Policy Area.
•
District Plan shall address resource management matters only and will cross reference to external legislation as required.
•
Some methods shall only be utilised where expressly stated in the relevant Environment Rules Chapter.
To remedy some of the disconnections between District Plan sections, a new District Plan structure has been adopted.
The structure will evolve and chapter format will be adjusted
through the rolling review, to be more consistent with the manner which the provisions are applied in practice. District wide topics/matters will be contained within individual chapters to avoid repetition of methods throughout the plan. 10.
A review of the network utility provisions of the Operative District Plan has been completed. This concluded that the network utility provisions are generalised in application, repeated throughout the plan, have out of date referencing to standards and conflict with the NESETA. These provisions require considerable alteration and the most practical approach is to undertake two, or possibly three, separate plan changes based upon network utility topics. The underlying justification for this approach is the requirement to comply with varying national regulations and timeframes. PC123A therefore focuses upon Electricity Transmission to meet the legislative implementation timeframes for the NPSET and NESETA.
Background to PC123A Network Utilities – Electricity Transmission 11.
Network utility services are physical resources that ensure the smooth running of a modern day society such as, electricity lines, telecommunication lines, water supply, sewer and stormwater pipelines, roads, rail lines, airports and oil and gas pipelines. Network utility services provide an important physical resource for the Whangarei District, contributing to the economic and social wellbeing of the community. These physical resources cross both public and private land and can be legally operated via various mechanisms such as, easements, district plan zoning, existing use rights, and designation.
12.
The Operative District Plan has objectives, policies and provisions, seeking to protect utility resources and requiring a permitted level of service of all utilities associated with land development.
A number of the network utility services are designated, having conditions
separate to the rules of the District Plan.
The Plan recognises the importance of ensuring the
on-going management and protection of network utility services but it also recognises the need to manage the effects of network utilities. This is in accordance with Part 2 of the RMA and section 5 in particular with regard to sustainable management of natural and physical resources 4|Page
in a way or at a rate, which enables people and communities to provide for their social, economic and cultural wellbeing and for their health and safety. It is important to ensure that new development does not compromise the effective and efficient operation of these resources. The presence of network utilities on land parcels may result in restrictions on land use in the immediate vicinity of the resource, presenting consequences for affected landowners. 13.
Electricity Infrastructure is an important physical resource for the Whangarei District. An uninterrupted power supply contributes significantly to the social and economic well-being of the Whangarei District and the Northland region.
Electricity Transmission Lines (National Grid)
owned and operated by Transpower NZ Limited (Transpower), ranging in voltage and size from 50kV – 220kV, traverse the Whangarei District, transporting electricity from Henderson Auckland, north not only to Whangarei City but through to the Far North and Kaipara Districts. The local electricity distribution lines generally have lower voltage lines, in multiple ownership. The primary owner of the local lines is Northpower Limited (Northpower), whose lines spread from Topuni in the south to Hukerenui in the North. 14.
The Operative District Plan recognises the importance only of the Transpower owned high voltage lines (66kV and higher), by requiring a 20m separation distance from any high voltage Electricity Transmission Lines.
This provides for public safety and ensures new
developments do not compromise the efficient operation and maintenance of high voltage electricity transmission line. 15.
PC123A proposes to insert a new chapter in the District Plan, delete redundant provisions and update definitions of the Operative District Plan [Attachment 1]. The following summarises the proposed provisions: •
The creation of a district wide network utilities chapter to be located within the Services section of the District Plan.
•
A description of the electricity network utility services within the Whangarei District (the Network Utility Description and Expectations section will be populated by further descriptions and expectations as the rolling review progresses).
•
Objectives specifying outcomes sought for electricity infrastructure.
•
Policies specifying courses of action to achieve outcomes for electricity infrastructure sought by objectives.
•
Cross referencing within the District Plan provisions, of National Environmental Standards for Electricity Transmission Activities Regulations 2009.
•
Rules that control the development of buildings and subdivision of land within Transmission Corridors of the National Grid (requiring consequential deletion of Operative District Plan rules titled ‘Electricity Transmission Lines’).
•
Rules that manage operation and maintenance of electricity infrastructure (requiring consequential deletion of references to electricity in the Network Utility provisions of the Operative District Plan).
•
Required amendments to relevant definitions of Chapter 4 Meaning of Words. 5|Page
Statutory Considerations 16.
The Whangarei District Plan sits within a layered policy framework, which incorporates the National Policy Statements, National Environmental Standards, Iwi Management Plans, Regional Policy Statement for Northland, Regional Plans, Structure Plans and Long Term Plans. Each of these policy documents and plans has been considered in accordance. The relevant policy documents (although not all documents have been processed through the RMA) were taken into consideration when preparing and evaluating PC123A and when assessing submissions.
17.
The Council has completed an evaluation of PC123A in accordance with section 32 of the RMA. Section 32 (3) states that an evaluation must examine: (a) (b)
18.
the extent to which each objective is the most appropriate way to achieve the purpose of this Act; and whether, having regard to their efficiency and effectiveness, the policies, rules, or other methods are the most appropriate for achieving the objectives.
Evaluation in terms of section 32 is ongoing, and must be undertaken to confirm the appropriateness of PC123A. The evaluation completed prior to notification was summarised in a report [Attachment 2]. The Ministry for the Environment has prepared section 32 evaluation reports for both the National Policy Statement
1
and National Environmental Standards for
2
Electricity Transmission . 19.
All statutory considerations were comprehensively discussed in the section 32 evaluation report for PC123A prior to notification refer to paragraphs 17- 23 and 44 – 73 [Attachment 2].
20.
Further to the section 32 evaluation report prior to notification, the Proposed Northland Regional Policy Statement (RPS) was formally notified on 8 October 2012, with the submission period closing 6 December 2012. The proposed RPS promotes the protection of regionally significant infrastructure. PC123A is considered to be consistent with the intent of the Proposed RPS.
21.
The conveyance of electricity in New Zealand is provided for and regulated under the Electricity Act 1992. The management of land use and the physical resources of electricity conveyance fall under the RMA in terms of section 31. requirements of the Electricity Act.
PC123A does not override the statutory
Despite the outcome of PC123A, the conveyance of
electricity must continue to operate under the provisions and regulations of the Electricity Act. The purposes of the Electricity Act are: (a) (b) (c) (d) (da) (e)
to provide for the regulation, supply, and use of electricity in New Zealand; and [Repealed] to protect the health and safety of members of the public in connection with the supply and use of electricity in New Zealand; and to promote the prevention of damage to property in connection with the supply and use of electricity in New Zealand; and to provide for the regulation of fittings and electrical appliances that are, or may be, exported pursuant to an international trade instrument; and to provide for the regulation of electrical workers.
1
Section 32 Evaluation for National Policy Statement on Electricity Transmission, Ministry for the Environment (2007) Section 32 Evaluation for National Environment Standards for Electricity Transmission, Ministry for the Environment (2009) 2
6|Page
22.
The purpose of the RMA is to “promote the sustainable management of natural and physical resources”, and the District Council has a primary function under section 31 of the RMA “to achieve integrated management of the effects of the use, development, or protection of land and associated natural and physical resources of the district”.
Consideration of Submissions 23.
24.
The following outlines a chronology of events relevant to the proceedings of PC123A: Notice of intent to cross reference standards
20 March 2012
Date of public notification of plan change for submissions
29 May 2012
Closing date for submissions
27 June 2012
Date of public notification for further submissions
31 July 2012
Closing date for further submissions
14 August 2012
Pre-hearing meetings
19 – 20 September 2012
Hearing dates
5 - 7 November 2012
A total of 45 submissions and 7 further submissions were received. Pre-hearing meetings were held in accordance with schedule 1 clause 8AA of the RMA. The pre-hearings were held with the intention of streamlining the hearing process and to clarify or facilitate the resolution of matters.
The pre-hearing meetings were chaired and mediated by an independent
commissioner, who has summarised findings [Attachment 3]. All submitters were invited to attend a meeting.
Due to the scope and nature of submissions to PC123A, pre-hearing
meetings were conducted with groups of submitters who have similar points of concern, and representatives from Council and Transpower attended all meetings. 25.
The RMA makes it clear that the Council need not make individual decisions on each and every submission or relief sought therein. On this basis assessment of submission topics has been detailed below. The submissions and further submissions to PC123A have been grouped into topics for reporting purposes and general relief sought and reasons have been summarised.
26.
Any recommended changes to PC123A and notified the District Plan text are co-ordinated and attached to this planning report [Attachment 4], where required recommendations are supported by evaluation in terms of section 32 of the Act.
27.
The assessment of submissions follows the following format: a) Topics raised in the submissions. b) Brief outline of relief sought in relevant submissions. c) Discussion regarding relief sought. d) Any changes recommended.
7|Page
Entire Plan Change Number
Submitter
Number
Further Submitter
Support/Oppose Submission
12
Bailey Farms Ltd
X68
Transpower
Support in Part
X15
Federated Farmers
Support
X16
Federated Farmers
Support
22
Peter John Batten
and
Donna
11
Graeme Finlayson
23
Patrick Alexander Gordon
X74
Transpower
Support in Part
35
Phillip and Flo Halse
X71
Transpower
Support in Part
43
June and John Herbert
X69
Transpower
Support in Part
X20
Federated Farmers
Support
X75
Transpower
Support in Part
X99
Transpower
Support
09
Huzza Farms Limited
33
Kevin Maxwell Jackson
Gayle
01
G Jochems
X72
Transpower
Support in Part
40
LW Johns Ltd
X70
Transpower
Support in Part
20
Patrick Malley
X57
Transpower
Support in Part
06
Onyx Capital Limited
X94
Transpower
-
13
Judy Treloar
X73
Transpower
Support in Part
X24
Federated Farmers
Support
X28
Transpower
Support in Part
X12
Horticulture NZ
Oppose
X05
Northpower
Support
X78
Transpower
Oppose in Part
27
TrustPower Limited
10
Ross Walter Wakelin
08
Wiremu Farm Ltd
28.
These submitters have generally opposed the entire plan change seeking the following relief: •
Status quo to remain.
•
Deletion of the entire plan change.
•
No increase to the power easement.
•
Delete PC123A from the plan and leave the status quo, a reference to advise people of the NZECP34:2001 requirements could be included in the plan.
29.
The submitters have supported these requests with a range of reasons: •
Imposition of further restrictions.
•
Negotiation is not the role of Council.
•
There is already a code of practice in place; Council's do not have time and resources to manage this compliance; NZECP43:2001 already addresses all issues, consent process is double dipping.
•
Plan change is wrong, it unfairly impacts on the ability of landowners to receive an income with no recourse for compensation or restrictions/requirements placed on Transpower.
30.
General support for a number of submissions has been expressed by Federated Farmers of New Zealand (Federated Farmers) in further submissions. 8|Page
31.
Transpower has made further submissions supporting or opposing in part relief sought by submitters, and providing detailed responses. Transpower have reasoned that their submission supports a more permissive approach than both the status quo and the notified version of PC123A and that many land uses could be undertaken within the corridors without resource consent. Transpower’s submission seeks to clarify the nature of such activities. Transpower notes that the plan change will not affect any existing easement agreements that Transpower has with landowners.
32.
TrustPower Limited notes that there is a policy gap in the Operative District Plan with respect to electricity generation, and have opposed the entire plan change, seeking that all references to electricity are amended to include electricity generation or that the Council commit to progressing a separate plan change to address Electricity Generation.
Further submissions
have been received to TrustPower Limited’s submission, several in support and one in opposition. Further submitters have recognised that the Council has an obligation to give effect to the National Policy Statement on Renewable Energy Generation and consider that this would be appropriately achieved through a separate plan change.
Discussion 33.
The Council has a legal requirement under the RMA to prepare, notify and process PC123A. This requirement is twofold; (1) the Operative District Plan contains provisions that are contrary to or in conflict with the NPSET and NESETA, therefore in accordance with sections 44 and 55 of the Act the Council must change the District Plan by implementing a plan change by April 2012; and (2) the Electricity Transmission provisions of the Operative District Plan must be reviewed and notified (whether changed or not) by May 2017 in accordance with section 79 of the RMA.
34.
According to policies 10 and 11 of the NPSET, local authorities are required “to the extent reasonably possible manage activities to avoid reverse sensitivity effects on the electricity transmission network…” and “identify an appropriate buffer corridor within which it can be expected that sensitive activities will not be provided for in the plans…”. Despite the nature of the final outcome of PC123A, the Council is legally required under section 75 of the RMA to establish provisions, objectives, policies and rules (if any are required to implement policies) in the District Plan to give effect to policies 10 and 11.
35.
The Council is aware that the District Plan must address Electricity Generation.
This
requirement is two fold; (1) the Operative District Plan contains prohibited activity provisions relating to large installations of radioactive materials such as nuclear power stations, which must be reviewed within the rolling review process; and (2) Council must give effect to the National Policy Statement on Renewable Energy Generation. 36.
Council is required to notify a plan change to give effect to the NPS within 12 months of the date on which a change or variation to a regional policy statement takes effect according to Policy H2 of the NPS. The Council has been required to wait for Northland Regional Council to notify its Proposed Regional Policy Statement, which was formally notified on 8 October 2012, with the submission period closing 3 December 2012. The Council will prepare and notify a 9|Page
plan change once the relevant provisions of the Proposed Regional Policy Statement take effect.
Changes Recommended 37.
Nil
10 | P a g e
Lack of Information Number
Submitter
12
Bailey Farms Ltd
19
Rob and Adrienne Carswell
09
Huzza Farms Ltd
20
Patrick Malley
08
Wiremu Farm Ltd
38.
Number
Further Submitter
Support/Oppose
These submitters have raised concern at the lack of information from Transpower NZ Limited, Central Government and District Council. Concerns include lack of Information relating to the proposed plan change, information as to why transmission corridor buffers are required and why these buffers need to increase. Submitters sought relief that the status quo remain (probably not realizing that provisions already exist in the Operative District Plan).
Discussion 39.
The Council has provided information regarding PC123A in accordance with its requirements under the RMA and Council staff have been available to discuss the proposed plan change should any customer or submitter require more information. The submitters concern in relation to information is acknowledged, as PC123A is a complicated plan change and it can be difficult to understand the different facets of Electricity Transmission and the related legislation.
In
recognition of this the Council initiated a pre-hearing process for PC123A, to provide the opportunity for submitters to discuss their concerns with Council Policy Staff and Transpower Representatives.
Changes Recommended 40.
Nil
11 | P a g e
Direct Negotiation with Transpower NZ Limited Number
Submitter
Number
Further Submitter
Support/Oppose
39
Kelvin Attwood
X31
Transpower
Support in Part
12
Bailey Farms Ltd
X45
Transpower
Support in Part
22
Peter John and Donna Gayle Batten
X41
Transpower
Support in Part
42
Murray Byles
X32
Transpower
Support in Part
19
Rob and Adrienne Carswell
X48
Transpower
Support in Part
25
Colleen Crowe
X43
Transpower
Support in Part
X65
Transpower
Support in Part
37
CM Finlayson Ltd
X33
Transpower
Support in Part
21
Julian Gordon
X40
Transpower
Support in Part
04
Terry and Beverley Heappey
X34
Transpower
Support in Part
43
June and John Herbert
X46
Transpower
Support in Part
41
DA and ED Jones
X35
Transpower
Support in Part
07
LO and P Kell Family Trust
X66
Transpower
Support in Part
40
LW Johns Ltd
X39
Transpower
Support in Part
20
Patrick Malley
X36
Transpower
Support in Part
36
Gregory Mcdonald and Diane Josephine Martin
X38
Transpower
Support in Part
06
Onyx Capital Limited
X44
Transpower
Support in Part
32
Irving Reid Stevens
X47
Transpower
Support in Part
13
Judy Treloar
31
Williams Whyte
X37
Transpower
Support in Part
41.
These submitters have expressed concern within their submissions that PC123A will remove or restrict the ability of land owners to negotiate directly with Transpower.
Relief sought by
submitters can be summarised as:
42.
•
Decline any rules that restrict landowner’s opportunity to negotiate with Transpower.
•
Status quo remains.
•
Delete entire plan change.
•
Delete rules NTW.2.4, NTW.2.5 and NTW.3.2.
•
Decline extended buffer zone.
Various reasons have been expressed in support of these submissions, and can be summarised as: •
Restrictions to land use are onerous, unfair, and inequitable.
•
Transpower needs to negotiate with landowners individually. Compensation is the next step.
•
Enable property owners to negotiate directly with Transpower.
12 | P a g e
•
Any change to the existing line areas should become a negotiation between the power company and the landowner.
•
Proposed changes are an assault on fundamental property rights, will devalue land, restrict the ability to use the land, Transpower should negotiate directly with the landowner not by using the District Plan, Transpower already have a Code of Practice.
43.
Transpower have made further submissions to all submissions relevant to this topic supporting in part the relief sought, Their reasoning is that encouraging the land owners to consult with it where new development is proposed within a transmission buffer corridor, existing lines and access to them are currently protected and regulated by the Electricity Act 1992, Plan Change 123A is drafted under different legislation, being the Resource Management Act, and will not in any way affect the provisions of the Electricity Act or landowners’ opportunity to negotiate with Transpower.
Discussion 44.
The working relationship between a network utility operator and landowners is long-term and important for the efficient management and on-going operation of services. It is appreciated that submitters have expressed concerns, both within their submissions and heard very clearly during pre-hearing meetings, that they believe PC123A will remove or restrict the ability of land owners to negotiate directly with Transpower.
45.
With respect to land use and development, Council has a legal requirement to be involved. The Operative District Plan (being the status quo) requires resource consent approval from Council for any proposed building or extension to any existing building within 20m of a high voltage line (66kV and greater).
It is a function of Council under the RMA to achieve the integrated
management of the effects of the use, development, or protection of land and associated natural and physical resources of the district (section 31a). Council has no choice but to be involved with the management of the National Grid, as Council is required to implement the NPSET.
The decisions to have National Policy Statements and National Environmental
Standards are not under the control of the Council, higher authorities dictate these matters. 46.
The proposed provisions of PC123A do not and cannot override the current duties placed on Electricity Operators (e.g. Transpower) to consult with landowners as they do and have done under the Electricity Act 1992.
Changes Recommended 47.
Nil
13 | P a g e
Property Rights and Compensation Number
Submitter
Number
Further Submitter
Support/Oppose
03
Terence William Archer
X96
Transpower
-
14
Mark Croucher
X89
Transpower
-
05
Lee and Kyile Gordon
X90
Transpower
-
17
John, Nesta and Kelly Hackett
X88
Transpower
-
09
Huzza Farms Ltd
X49
Transpower
Support in Part
X91
Transpower
-
07
LO and P Kell Family Trust
X93
Transpower
-
24
BRJ Lilly
X98
Transpower
-
06
Onyx Capital Limited
X67
Transpower
Support in Part
X94
Transpower
-
32
Irving Reid Stevens
X95
Transpower
-
13
Judy Treloar
X97
Transpower
-
08
Wiremu Farm Ltd
X92
Transpower
-
48.
These submitters have sought relief in relation to property rights and compensation.
The
following is a summary of relief sought: •
Any decision should not adversely add cost or reduce potential land use without compensation.
•
Reduce dimensions of no build and assessment areas.
•
Address more clearly the specific activities that may be restricted by the plan change in particular policy NTW.1.3.6.
•
Existing line areas stay the same.
•
Do not allow the proposed plan change.
•
Delete PC123A from the plan and leave the status quo with a reference to advise people of the NZECP34:2001 requirements could be included in the plan.
49.
Reasons supporting the relief sought can be summarised as: •
The plan change creates rights for other parties to the detriment of landowner rights.
•
State owned profit corporations should pay for the privilege of any imposition to landowners, Council should not impose extra costs, will impact on other plan changes with regard to power lines.
•
Object to costs being transferred to the community, the proposed provisions will depreciate the land.
•
Acceptance of this plan change will remove the rights of property owners.
•
Corridor width is too wide and compensation should be paid in the form of an annual lease.
No costs, including legal, should be placed on the landowner when seeking
approval and any restricted outcome should be assessed for compensation. 14 | P a g e
•
The proposed plan change limits the use of existing horticultural land, places considerable uncertainty around land use and grants Council the right to remove economic potential from the land without compensation.
•
The proposed plan change infringes on property rights, the buffer zones are not necessary as already covered in the NZECP34:2001, landowners should be compensated for any loss of development right.
•
The proposed changes are an assault on the landowners fundamental property rights will devalue the land, restrict the landowner’s ability to use the land, Transpower should negotiate directly with the landowner not by using the District Plan, Transpower already have a Code of Practice.
50.
Transpower have made further submissions to all submissions relevant to this topic, stating that, nothing in the plan change (or Transpower’s submission on the plan change) gives Transpower property rights. The plan change relates only to existing lines, and PC123A will not affect landowners’ opportunity to negotiate with Transpower.
Discussion 51.
In conjunction with discussion under ‘Direct Negotiation with Transpower’.
52.
Many submitters have sought relief in relation to property rights and compensation, concerned that PC123A creates rights for other parties to the detriment of landowner rights.
It is the
Council’s role to manage the use, development or protection of land. Council has specific functions under the Act, described in section 31, and to meet these requirements Council has to establish District Plan provisions that control land use on private property. 53.
PC123A is established under the RMA only and will not change any of the legislative requirements established in the Electricity Act 1992, nor will it change existing easements registered upon Certificate of Titles. The Plan Change attempts to strike a balance between the cost of the consent process and compliance verses certainty for landowners and Transpower of their legal obligations. PC123A does not change the ability or increase the ability for Transpower to access existing electricity transmission lines for operational purposes. Section 23 of the Electricity Act 1992 provides right of entry: 23
Rights of entry in respect of existing works
(1)
Any person that owns any existing works may enter upon land for the purpose of gaining access to those works and may perform any act or operation necessary for the purpose of— (a) inspecting, maintaining, or operating the works: (b) in the case of works the construction of which had not been completed before 1 January 1988 (in the case of works owned by the Corporation) or before 1 January 1993 (in the case of works owned by any other electricity operator), completing the works. A certificate signed by the owner of any existing works containing a statement that any specified works were constructed (in whole or in part) before 1 January 1988 (in relation to works owned by the Corporation) or before 1 January 1993 (in the case of works owned by any other person) under the authority of the Electricity Act 1968 (or any Act repealed by that Act) or the Electric Power Boards Act 1925 or the Local Government Act 1974 or the Public Works Act 1981 or any local or private Act shall be admissible in evidence in any proceedings and shall, in the absence of proof to the contrary, constitute proof of that statement. In this section, maintenance includes— (a) any repairs and any other activities for the purpose of maintaining, or that have the effect of maintaining, existing works; and
(2)
(3)
15 | P a g e
(b)
54.
the carrying out of any replacement or upgrade of existing works as long as the land will not be injuriously affected as a result of the replacement or upgrade.
According to section 85 of the RMA, compensation is not payable in respect of controls on land, “an interest in land be deemed not to be taken or injuriously affected by reason of any provision in a plan unless otherwise provided for in this Act�. People who have an interest in land, have an opportunity to challenge proposed provisions (via the plan change process) should they consider that the provision or proposed provision would render that interest in land incapable of reasonable use.
55.
A network utility operator has the ability to designate land for the purpose of utilities. Designation means a provision made in a district plan to give effect to a requirement made by a requiring authority under section 168 or section 168A or clause 4 of schedule 1 of the RMA. According to section 168, the Environment Court may by order compulsorily acquire land for a designation or take land under Part 2 of the Public Works Act 1981, and compensation is payable in accordance with the Public Works Act. PC123A acknowledges this situation; and is reflected in notified policy NTW.1.3.6 encourages the designation of extensions to electricity transmission.
56.
It is concluded that access issues, compensation and property rights cannot be address within PC123A.
The section 32 evaluation completed by the Ministry for the Environment, for the
NPSET acknowledges and accepts the potential costs to landowners. That is the price paid for a safe and secure electricity supply for wider public benefit.
16 | P a g e
Electricity Transmission Line Buffer Number
Submitter
Number
Further Submitter
Support/Oppose
03
Terence William Archer
X13
Federated Farmers
Support
X81
Transpower
Oppose in Part
X14
Federated Farmers
Support
X52
Transpower
Support in Part
X17
Federated Farmers
Support
X53
Transpower
Support in Part
X18
Federated Farmers
Support
X50
Transpower
Support in Part
39
Kelvin Attwood
42
Murray Byles
19
Rob and Adrienne Carswell
37
CM Finlayson
X19
Federated Farmers
Support
30
Federated Farmers
X02
Peter John and Donna Gayle Batten
Support
X07
Northpower
Oppose
X09
Horticulture NZ
Support
44
France Farms (2010) Ltd
X61
Transpower
Support in Part
17
John, Nesta and Kelly Hackett
X84
Transpower
Support in Part
04
Terry and Beverley Heappey
X37
Transpower
Support in Part
41
DA and ED Jones
X35
Transpower
Support in Part
20
Patrick Malley
36
Gregory Mcdonald Josephine Martin
X58
Transpower NZ Limited
Support in Part
28
Peter McCrea
X62
Transpower NZ Limited
Support in Part
34
Ian G McGregor
X87
Transpower NZ Limited
Unclear
16
Ruakaka Parish Residents Ratepayers Association
X60
Transpower NZ Limited
Support in Part
32
Irving Reid Stevens
X63
Transpower NZ Limited
Support in Part
31
William Whyte
57.
and
Diane
and
The provision for a buffer around the Electricity Transmission Lines has been a central focus for many submitters.
The above referenced submitters have sought what is considered to be
general relief in relation to the buffer.
This topic deals with the principle of buffers; while
submissions which have sought specific relief in relation to provisions have been discussed separately. General relief sought in relation to Electricity Transmission Line buffers can be summarised as: •
Reduce dimension of no build and assessment areas.
•
Object to the extension of the buffer zone.
•
Delete the buffer for 110kV and 220kV lines retaining a maximum width of 20m either side of the centreline of the transmission lines.
• 58.
Decline the extended buffer zone.
Reasons supporting the relief sought can be summarised as: •
Unreasonable restrictions on ability to subdivide and undertake land use.
•
Restrictions to land use are onerous, unfair, inequitable.
17 | P a g e
•
Already accommodate Transpower, restrictions are onerous, unfair, inequitable, lack of information.
•
Increased restrictions on the farming and development operations making it difficult to farm the areas in an efficient manner.
•
Will create access problems for maintenance during certain months of the year, especially maize. Not being able to crop will reduce farm usage and income. Potential to build or subdivide will be reduced.
59.
Federated Farmers have sought the deletion of Electricity Transmission Corridors and subsequent provisions from the District Plan, and the inclusion of clauses that acknowledge landowners as enablers of electricity transmission and that the adverse effects of electricity transmission be acknowledged, avoided, remedied or mitigated.
Their submission provides
lengthy discussion with regard to electricity transmission corridors and associated provisions. Members affected by PC123A in summary are concerned: •
At the scale of the proposed corridor and this appears excessive to the purpose of protecting the transmission lines on private rural land in the Whangarei District.
•
That the proposed plan change will supplant the rights and obligations the national grid operator would normally secure by way of compensated easement agreements with affected landowners.
•
At the proposed corridor’s potential effect of limiting the ability of farmers to carry out existing farm practices within the area of land affected by the corridor.
•
At the limitations on future land use arising from the restrictions within the corridor, and the imposition of cost and obligation associated with obtaining resource consent for certain activities.
60.
Transpower has made further submissions supporting in part, relief sought by submitters, providing detailed responses.
Transpower have reasoned that their submission supports a
more permissive approach than both the status quo and the notified version of PC123A and that many land uses can be undertaken within the corridors without consent, Transpower’s submission seeks to clarify the nature of such activities, stating that nothing in the plan change will restrict farming activities such as cropping or grazing. Transpower NZ Limited is seeking that activities which are carried out both in a safe manner and in a manner that will not affect the transmission lines be permitted without any consent required.
Discussion 61.
The following discussion focuses on the premise of whether to have corridor buffers or not. The legal requirement for Council to prepare, notify and process PC123A is outlined in paragraphs 33 and 34.
Details in terms of buffer scale are discussed further in paragraphs 162 - 165.
Property rights and compensation have been discussed in paragraphs 51 and 56. 62.
It is considered inappropriate to delete in their entirety, the Electricity Transmission Network Corridors and subsequent provisions, and that Council would be at risk of ‘failing’ to implement a National Policy Statement. Of particular relevance are policies 10 and 11 of the NPSET: 18 | P a g e
“POLICY 10 In achieving the purpose of the Act, decision-makers must to the extent reasonably possible manage activities to avoid reverse sensitivity effects on the electricity transmission network and to ensure that operation, maintenance, upgrading, and development of the electricity transmission network is not compromised. POLICY 11 Local authorities must consult with the operator of the national grid, to identify an appropriate buffer corridor within which it can be expected that sensitive activities will generally not be provided for in plans and/or given resource consent. To assist local authorities to identify these corridors, they may request the operator of the national grid to provide local authorities with its medium to long-term plans for the alteration or upgrading of each affected section of the national grid (so as to facilitate the long-term strategic planning of the grid).” 63.
To gain an understanding of the intent of Policies 10 and 11 it is relevant to refer to the 3
Evaluation under Section 32 for the NPSET . The evaluation clearly indicates that Council will have to consider its full range of functions when implementing Policy 10. Pages 50 – 51 of the evaluation acknowledge the ‘clear intent of Policy 10’ as follows: While Policy 10 will potentially reduce costs for local councils when dealing with Transpower, it could add costs for their dealings with land owners. Despite the clear intent of Policy 10, land owners are likely to oppose plan changes which seek to give effect to the policy, and ongoing monitoring and enforcement of activities within the vicinity of transmission lines is likely to be required – particularly in the short to medium term. This is partly due to the lack of awareness of the importance of transmission, a situation that Policy 10 specifically addresses. 64.
Policy 10 requires Council to ‘manage’ activities to avoid reverse sensitivity effects. The Oxford Concise Dictionary defines manage as to “organise, regulate, be in charge of, meet one’s needs with limited resources, gain influence with or maintain control over”. The cost implications of this have clearly been considered in adoption of the NPSET.
The qualifier “to the extent
reasonably possible” does however allow consideration of what is reasonable in accordance with Council’s function and powers under the RMA. 65.
Pages 51 – 52 of the Evaluation under Section 32 for the NPSET also acknowledges the potential costs and restrictions to land owners through the implementation of Policy 11 as ‘land owners have to modify or even stop activities in the buffer corridor’, as follows: For land owners, Policy 11 will increase transaction and consequential costs since it explicitly requires them to carefully consider their activities within a buffer corridor. This could not only increase transaction costs with councils (since they will seek further clarification and even challenge the intent of Policy 11) but also it could entail consequential costs as land owners have to modify or even stop activities in the buffer corridor. Policy 11, does include qualifiers such as ‘appropriate’ buffer and sensitive activities ‘will generally not be’ provided for. These qualifiers allow the consideration of what is appropriate.
66.
It is considered to achieve appropriate implementation of the NPSET the District Plan must include regulatory provision/s.
Provisions that achieve ‘management’ of activities to avoid
reverse sensitivity effects on the electricity transmission network, and provision/s implementing an appropriate corridor to generally ‘not provide for or give resource consent for’ sensitive activities.
It is not sufficient at this point to accept status quo, changes to District Plan
provisions are recommended.
3
Ministry for Environment, 2008 19 | P a g e
New Chapter/District Plan Layout Number
Submitter
Number
Further Submitter
Support/Oppose
38
Northpower
X08
Golden Bay Cement
Support
29
Horticulture NZ
X03
Northpower
Oppose
67.
Submitters have raised concerns that PC123A proposes to introduce a whole new chapter into the District Plan rather than amending Chapter 23 Network Utility Operations of the Operative District Plan, and that the proposed chapter should be renamed to reflect the content of the plan change.
Reasoning for relief sought is to avoid confusion and improve clarity. Further
submissions have opposed the amendment of Chapter 23, as electricity infrastructure has unique effects, characteristics and requirements; therefore a dedicated chapter is appropriate.
Discussion 68.
As described in Chapter 2 of the Operative District Plan, the District Plan is transitioning into a new layout and structure, which includes the phasing out of numeric chapters. It is agreed that it would be ideal to have all network utility provisions located in the same section or chapter of the plan, and this is the final outcome Council will be working towards. During the rolling review it is expected that provisions may not be located within the ideal location in terms of a hard copy District Plan document. provisions.
Cross referencing will be used to clearly identify links between
When the remaining network utility provisions of the Operative District Plan
(including Chapter 23) are reviewed, these will be located within the NTW section.
Changes Recommended 69.
Nil
20 | P a g e
Terminology, Electricity Distribution Network and Critical Electricity Lines Number
Submitter
Number
Further Submitter
Support/Oppose
30
Federated Farmers
X02
Northpower
Oppose
X07
Peter John and Donna Gayle Batten
Support
X09
Horticulture NZ
Support
X29
Transpower
Oppose in Part
X03
Northpower
Oppose
X30
Transpower
Oppose Part/Support Part
X21
Federated Farmers
Support
X08
Golden Bay Cement
Support
X10
Horticulture NZ
Oppose
X22
Federated Farmers
Oppose
X26
Transpower
Oppose in Part
X06
Northpower
Oppose in Part
X11
Horticulture NZ
Support in Part
X05
Northpower
Support
X28
Transpower
Support in Part
X12
Horticulture NZ
Oppose
X25
Federated Farmers
Oppose
29
38
18
27
Horticulture NZ
Northpower
Transpower
TrustPower Limited
in in
Definition of Electricity Infrastructure 70.
The following submitters have made submissions in relation to the definition of Electricity Infrastructure, seeking changes to the notified definition as relief to submissions.
Various
further submissions to the relief sought have been made. The following table summarises the relevant relief sought: Submission Relief
Further Submission Relief
Federated Farmers (30)
Transpower (X29)
Amend definition of Electricity Infrastructure to limit it to only mean the national grid assets that are owned by Transpower.
Both ‘National Grid’ and ‘Electricity Transmission Network’ are defined in the NPSET. Transpower supports the use of ‘Electricity Transmission Network’ in the plan change, however Transpower key issue is that the NPSET is given effect to. This can be achieved using either term. Northpower (X02) PC123A is intended to include rules that relate to both the national grid, and other electricity infrastructure not owned by Transpower. The plan change is not just about giving effect to NPSET. Northpower considers that it is appropriate for all electricity infrastructure, to be covered. Chapter 23 is an overarching policy chapter that deals with all utilities. For now it is appropriate that it remains in a separate chapter.
Northpower (38)
Transpower (X26)
Amend the definition of 'Electricity Infrastructure' to
Transpower is concerned about the consequences of amending the definition, including unintended 21 | P a g e
read: means all systems and system components for electricity conveyance including: lines, cables, substations and switchyards and other equipment, but excluding generation facilities. Electricity infrastructure within the District includes, but is not limited to, Electricity Transmission and Electricity Distribution Networks.
consequences. In particular restricting the definition to ‘conveyance systems’ could potentially limit the parts of the National Grid that come within this definition. Insofar as the definition of ‘electricity infrastructure’ relates to the National Grid, Transpower considers it appropriate to rely on the definitions in the NPSET. Alternatively, an express reference to the National Grid or Electricity Transmission Network is considered appropriate. Horticulture NZ (X10) Oppose – the NPSET is based on ownership Transpower (X28)
Trustpower (18) Amend the definition of 'Electricity Infrastructure' to include electricity generation.
Recognises that the Council has an obligation to give effect to the NPS on Renewable Electricity Generation. Transpower considers that this is appropriately achieved through a separate plan change. Northpower (X05) Support Horticulture NZ (X12) The PC should be limited to the national grid to give effect to the NPSET. The PC is not intended to address electricity generation and should not be added through this PC process. Federated Farmers (X25) Oppose – electricity transmission corridors are intended to give effect to the NPSET which concerns only the national grid, and Transpower as owner of the National Grid. Other electricity distributers are not included in the NPSET and to include them in the DP is an exceedance of the NPSET.
Discussion 71.
Electricity conveyance is complicated, given that it is provided, operated and maintained by different levels of operators.
The definitions proposed were intended to provide clarity
regarding the different levels and corresponding application of provisions. 72.
The Council is required to change the Operative District Plan to recognise the NESETA. The Operative District Plan has network utility provisions (relating to the maintenance and operation of network utilities) in each Environment (zone) which apply to all Electricity Infrastructure existing and new lines. These provisions cause some conflict with the NESETA. The NESETA applies only to the National Grid, being defined as the network that transmits high-voltage electricity in New Zealand, and that at the commencement of these regulations, is owned and operated by Transpower New Zealand. The District Plan must also deal with the aspects of Electricity Infrastructure that are left out of the NES, being new lines and the Distribution Electricity Network. To resolve the conflict in a logical and comprehensive way, consistent with the intent of the District Plan rolling review procedure PC123A, considers all Electricity Infrastructure.
Consistency between the provisions relating to the National Grid and other
Electricity Infrastructure is desirable.
Changes Recommended 73.
Nil
22 | P a g e
Definition of Electricity Transmission Network 74.
The following submitters have made submissions in relation to the definition of Electricity Transmission Network, seeking changes to the notified definition as relief to submissions. Various further submissions to the relief sought have been made.
The following table
summarises the relevant relief sought: Submission Relief
Further Submission Relief
Federated Farmers (30)
Northpower (X02)
Replace the term 'Electricity Transmission Network' with 'National Grid' in the definition and throughout the Plan Change text.
PC123A is intended to include rules that relate to both the national grid, and other electricity infrastructure not owned by Transpower. The PC is not just about giving effect to NPSET. Northpower considers that it is appropriate for all electricity infrastructure, to be covered. Chapter 23 is an overarching policy chapter that deals with all utilities. For now it is appropriate that it remains in a separate chapter. Horticulture NZ (X09) The NPSET only relates to the national grid.
Horticulture NZ (29)
Transpower (X30)
Delete the definition for 'electricity transmission network' and replace with a definition for 'national grid', replace 'electricity transmission network' with 'national grid' throughout the Plan Change.
Both ‘National Grid’ and ‘Electricity Transmission Network’ are defined in the NPSET. Transpower supports the use of ‘Electricity Transmission Network’ in the PC, however Transpower key issue is that the NPSET is given effect to. This can be achieved using either term. Northpower (X03) Electricity infrastructure includes several different parts of the electricity supply system. All relevant terms need to be retained and appropriately defined to ensure assets are consistently identified and accommodated in the DP. The submission is contrary to Northpower’s submission.
Northpower (38)
Transpower (X26)
Amend the definition of 'Electricity Transmission Network' to read: means Electricity Infrastructure which directly conveys or is intended to directly covey large quantities of electricity over large distances (typically across regions or districts), and falls within at least one of the following criteria: i. any part of the national grid (assets owned by Transpower) of transmission lines and cables, stations and sub-stations; or ii. assets which were part of the national grid (assets owned by Transpower) of transmission lines and cables, stations and sub-stations as of (date of PC123A notification); or iii. assets which have been subsequently identified as transmission and delineated as such on the planning maps.
Electricity Transmission Network is defined in the NPSET. Transpower does not consider it is appropriate to redefine this term through the Plan Change. Horticulture NZ (X10) Oppose – the NPSET is based on ownership. Federated Farmers (X22) Oppose – inappropriate to include all electricity infrastructure regardless of ownership, when the PC is specifically intended to address the NPSET which applies only to the national grid.
Discussion 75.
The notified definition of ‘Electricity Transmission Network’ was simplified from the definition within the NPSET, it was intended to remain consistent with the definitions of the NPSET, but appears to have caused confusion.
23 | P a g e
Changes Recommended 76.
Amend the definition of ‘Electricity Transmission Network’ to explicitly reflect the definition of Electricity Transmission Network in the NPSET.
Definition of Electricity Distribution Network 77.
The following submitters have made submissions in relation to the definition of Electricity Distribution Network, seeking changes to the notified definition as relief to submissions. Various further submissions to the relief sought have been made.
The following table
summarises the relevant relief sought: Submission Relief
Further Submission Relief
Federated Farmers (30)
Transpower (X29)
Delete the definition for Electricity Distribution and subsequent changes are made throughout the text of the Plan Change.
PC123A is intended to include rules that relate to both the national grid, and other electricity infrastructure not owned by Transpower. The plan change is not just about giving effect to NPSET. Northpower considers that it is appropriate for all electricity infrastructure, to be covered. Chapter 23 is an overarching policy chapter that deals with all utilities. For now it is appropriate that it remains in a separate chapter. Horticulture NZ (X09) Support – Horticulture NZ submission seeks to limit electricity transmission network to the national grid.
Northpower (38)
Horticulture NZ (X10)
Amend the definition of 'Electricity Distribution Network' to read: means electricity infrastructure which delivers to consumers. Typically these dynamic and interactive systems are localised and deliver electricity to several customers along a route.
Oppose – The NPSET is based on ownership.
Discussion 78.
As discussed in paragraphs 71 and 72 definitions were intended to provide clarity in terms of the different levels of electricity conveyance. It has become evident through the assessment of submissions and the discussion during pre-hearing meetings that the definition of ‘Electricity Distribution Network’ is redundant, provided that provisions are appropriately amended.
Changes Recommended 79.
Delete the definition of ‘Electricity Distribution Network’, as a consequence delete Objective NTW.1.2.3, and amend as appropriate NTW.1.3 Electricity Policies to refer to Electricity Infrastructure.
New Definitions – Critical Electricity Lines 80.
Northpower have made a submission seeking that a new definition for ‘Critical Electricity Lines’ (CEL) be inserted as follows: means electricity infrastructure which is or has the potential to be, critical to the quality, reliability and security of electricity supply throughout the district or region. These lines contribute to the social and economic wellbeing, and the health and safety of the district or region and are lines that: supply essential public services such as the hospital, civil defence facilities or lifeline sites; or supply large (1MW or more) industrial or commercial 24 | P a g e
electricity consumers; or supply 1000 or more consumers; or are difficult to replace with an alternative electricity supply if they are compromised; assets which were part of the national grid as of (date of PC123A notification). 81.
Transpower have opposed the submission, as drafted, as the proposed definition captures the national grid. Transpower is concerned about the consequences of its assets coming within this definition, particularly in the absence of provisions relating to CEL.
Discussion 82.
On 20 July 2010, a request for a private plan change, Plan Change 117 (PC117) was made by Northpower, to change the operative District Plan. The application sought several changes consistent with the layout and structure of the operative District Plan as follows: •
The definition of minor upgrading in Chapter 4 Meaning of Words to allow the increase in line voltage as a minor upgrading, permitted activity.
•
The addition of provisions in all Environments controlling, the location of buildings, land disturbance, tree planting, and subdivision within proximity of CEL.
• 83.
Maps identifying CEL.
Council has since reached a settled agreement for PC117 and the matter is currently the subject of a Draft Consent Order between parties. This includes a new district wide section dedicated to CEL. CELs are described within the Descriptions and Expectations of that section, to avoid unnecessary complication and potential re-litigation it is considered appropriate that the definition of CEL remain within that section and be dealt with only under the PC117 process.
Changes Recommended 84.
Nil
New Definition: Sensitive Activities 85.
Transpower has made a submission seeking that a definition be provided for ‘Sensitive Activities’ consistent with the NPSET and NESETA to include land use for a childcare facility, school, residential building or hospital.
Horticulture New Zealand (Horticulture NZ) has
supported in part the relief sought in this submission, stating that a definition consistent with the NPSET and NESETA would be supported.
Discussion 86.
It is agreed that a definition for ‘Sensitive Activities’ would be beneficial, however the District Plan has similar definitions relating to noise provisions. Furthermore introduction of a definition within Chapter 4 Meaning of Words in the District Plan, would apply throughout the District Plan not just in the context of Electricity. To provide clarification of what ‘sensitive activities’ are it considered appropriate to include a description of NTW.1.1.
25 | P a g e
Changes Recommended 87.
That NTW.1.1 Description and Expectations - Electricity be amended to include a description of ‘sensitive activities’ consistent with the definition in the NESETA.
New Definition: Reverse Sensitivity 88.
Horticulture NZ have made a submission, seeking the inclusion of a definition for reverse sensitivity as follows: “Reverse sensitivity is the vulnerability of an existing lawfully establish activity to other activities in the vicinity which are sensitive to adverse environmental effects that may be generated by such existing activity, thereby creating the potential for the operation of such existing activity to be constrained”.
Transpower have made a further submission
supporting the principle of including a definition, but opposes the wording proposed. Federated Farmers have made a further submission, agreeing that a definition of reverse sensitivity would clarify what this means when the term is used in the District Plan.
In their view primary
production currently experiences reverse sensitivity effects from transmission lines.
Discussion 89.
The issue of reverse sensitivity goes beyond that of electricity and consideration of implications are beyond the realm of this plan change. The concept has been well traversed legally and that the inclusion via objectives and policies is sufficient without the need for a definition.
Changes Recommended 90.
Nil
26 | P a g e
Description and Expectations Support/Oppose
Number
Submitter
Number
Further Submitter
30
Federated Farmers
X07
Peter John and Gayle Batten
X02
Northpower
Support in Part
X09
Horticulture NZ
Support
X29
Transpower
Oppose
X03
Northpower
Oppose
X30
Transpower
Oppose
X08
Golden Bay Cement
Support
X10
Horticulture NZ
Oppose
X26
Transpower
Oppose
X10
Horticulture NZ
Oppose
X05
Northpower
Support
X28
Transpower
Support in Part
X12
Horticulture NZ
Oppose
X25
Federated Farmers
Oppose
29
38
27
91.
Horticulture NZ
Northpower
TrustPower Limited
Donna
Support
Submitters have sought specified changes to NTW.1.1 Description and Expectations section as relief to submissions.
Various further submissions have been made.
The following table
summarises the relevant relief sought: Submission Relief
Further Submission Relief
Federated Farmers (30)
Transpower (X29)
That the section recognises that electricity transmission and infrastructure can have an adverse effect on land uses; that the section recognises that land owners are enablers of electricity transmission; that the section recognises that only incompatible development and sensitive activities as defined by the NPS can cause reverse sensitivity effects on electricity transmission.
There are already provisions in the District Plan to seek to maintain rural amenity such as Policy 5.4.5. Transpower recognizes that any new or significant upgrade of electricity infrastructure should include consideration of the actual and potential effects of proposed electricity infrastructure and allow this to be balanced against functional, technical and operations needs of that infrastructure on a case by case basis. However, Transpower does not support the wording suggested by the submitter, which raises matters outside the scope of the RMA. Electricity easements and issues of access, and compensation are addressed by way of the Electricity Act 1992 and the Public Works Act 1981. The plan change will not and cannot give Transpower legal rights to access to existing lines. Northpower (X02) Recognises that new electricity infrastructure can have an adverse impact on existing land uses, and to this end the proposed addition of the words “existing land uses� is appropriate. However the remaining relief sought in relation to property rights is inappropriate because it is not a resource management issue. Horticulture NZ (X09) Support Inclusion of rural production activities is also sought in the Horticulture NZ submission. 27 | P a g e
Horticulture NZ (29)
Transpower (X30)
Amend the third paragraph of NTW.1.1 Description and Expectations to incorporate potential adverse effects on rural production.
There are already provisions in the DP that seek to maintain rural amenity such as Policy 5.4.5. Transpower recognizes that any new or significant upgrade of electricity infrastructure should include consideration of the actual and potential effects of proposed electricity infrastructure and allow this to be balanced against the functional, technical and operational needs of that infrastructure on a case by case basis. Policy NTW.1.3.1 also provides for this type of assessment for new infrastructure.
That Plan Change 123A only apply to the National Grid and delete all references to Electricity Distribution Network, and the definition of electricity infrastructure only apply to the national grid infrastructure.
Northpower (X03) Appropriate accommodation of the full electricity supply system within a District Plan is necessary to ensure sustainable and robust resource for communities and consumers. RMA requires that all adverse effects be avoided, remedied or mitigated. Effects on horticultural activities are just a part of the effects that need to be taken into account. Northpower (38)
Transpower (X26)
Amend Description and Expectations NTW.1.1, to read: Electricity is provided by network utility operators through electricity infrastructure which forms an important aspect of the District's physical resources. Electricity is an essential form of energy and provision throughout the District is therefore required to provide for communities social and economic wellbeing. Electricity infrastructure is the conveyance system (including transmission and distribution systems) for electricity comprising of lines, cables, substations and switchyards and other equipment, but excluding generation facilities.
Is concerned about the consequences limiting Electricity Infrastructure to the ‘conveyance system’. In particular, restricting the definition of Electricity Infrastructure could potentially limit parts of the National Grid that come within this definition. As an example, the Electricity Act refers to infrastructure for the conversion, transformation and conveyance of electricity. Substations for example transform electricity from one voltage to another.
TrustPower (27)
Transpower (X28)
That all references to electricity are amended to include electricity generation or WDC commit to progressing a separate plan change to address Electricity Generation.
Recognises that the Council has an obligation to give effect to the NPS on Renewable Energy Generation. Transpower considers that this is appropriately achieved through a separate plan change.
Horticulture NZ (X10) The focus should be on the national grid.
Northpower (X05) Support.
Discussion 92.
NTW.1.1 Description and Expectations, is intended to create an issue and outcome introduction only for Network Utilities, and in terms of PC123A only for Electricity. As notified NTW.1.1 has been drafted within a district wide context, and does not highlight and particular geographical (e.g. rural) issues over others.
Chapter 2 of the Operative District Plan describes the new
District Plan structure proposed in the rolling review, introducing a layered approach to provisions. Issues relating to ‘rural’ or ‘rural production’ will be addressed and located within the 4
middle and lower levels of the plan . It is considered that amendments to NTW.1.1 to identify ‘adverse effects to rural production’ elevate this matter when electricity conveyance, lines and substations can have adverse effects on many types of land use. 93.
Matters relating to definitions of electricity conveyance and generation have been discussed previously.
4
Whangarei District, Operative District Plan, Chapter 2 28 | P a g e
Changes Recommended 94.
That the third paragraph of NTW.1.1 Description and Expectations be amended to include reference to “…effects on existing land uses...”
29 | P a g e
Objectives Number
Submitter
Number
Further Submitter
Support/Oppose
30
Federated Farmers
X02
Northpower
Oppose
X07
Peter John and Donna Gayle Batten
Support
X29
Transpower
Oppose
X03
Northpower
Oppose
X30
Transpower
Support in Part/ Oppose in Part
X08
Golden Bay Cement
Support
X10
Horticulture NZ
Oppose
X06
Northpower
Support
X11
Horticulture NZ
Oppose in Part
X23
Federated Farmers
Oppose
29
Horticulture NZ
38
Northpower
18
95.
Transpower
Submitters have sought changes generally to NTW.1.2 Electricity Objectives as relief to submissions. Various further submissions have been made. The following table summarises the relevant relief sought:
Submission Relief
Further Submission Relief
Northpower (38)
Horticulture NZ (X10)
Support objectives.
Oppose – sought changes
Transpower (18)
Horticulture NZ (X11)
Expand on the electricity objectives and policies set out in NTW1.2 and NTW1.3 to incorporate additional concepts, security of supply, management of sensitive activities, recognise existing under build situations, management of subdivision and land use activities in close proximity to infrastructure can address health, safety, nuisance and amenity effects, need to protect access, some activities are more appropriate under lines, opportunity to facilitate good amenity and urban design outcomes
Oppose in part – submission seeks amendments. The matters listed in Transpower’s submission are generally policy matters, rather than objectives to be included in the plan. Federated Farmers (X23) Oppose – health and safety are already addressed by electrical codes of practice. Transpower’s right of access is addressed by Section 23 of the Electricity Act 1992, and Part 3 of the Electricity Act 1992 provides for powers and duties of electricity operators and owners of electrical works. There is no need for additional matters to be included in the objectives.
Discussion 96.
In its submission Transpower have sought relief that the Objectives be expanded, to incorporate additional concepts, however the submission did not suggest specific changes. It is considered that the objectives, subject to the follow recommendations, appropriately represent outcomes sought within the proposed Plan Change.
Changes Recommended 97.
Nil
30 | P a g e
Objective NTW.1.2.1 98.
Federated Farmers have sought relief that Objective NTW.1.2.1 is amended to provide for the avoidance, mitigation or remediation of adverse effects on existing land use. Transpower have made a further submission opposing the relief sought, stating that the additional wording is not necessary as surrounding land uses are a subset of the existing environment. Northpower has also opposed the relief sought.
Discussion 99.
While it is agreed that “adverse effects on the environment” includes the requirement to avoid, remedy or mitigate adverse effects on surrounding land uses, it is considered to be an important aspect of any assessment of effects in terms of use and development of Electricity Infrastructure.
Changes Recommended 100. That Objective NTW.1.2.1 be amended to include the words “including the use of land”.
Objective NTW.1.2.2 101. Federated Farmers and Horticulture NZ and have sought the following relief, seeking specific changes to Objective NTW.1.2.2. Various further submissions have been made. Submission Relief
Further Submission Relief
Federated Farmers (30)
Transpower (X29)
Amend NTW.1.2.2 to ensure that the electricity transmission network is contextualised within the meaning of sustainable management.
All District Plan policies will be read within the context of sustainable management purpose of the RMA. The additional wording is not considered to be necessary. Transpowers own submission seeks that the objectives be expanded to provide further guidance on management of effects on and off the transmission network.
Horticuture NZ ((29)
Transpower (X30)
Amend NTW.1.2.2 as follows: Recognise the national significance of the National Grid of electricity transmission network to the country, region and the district's social and economic wellbeing.
Supports a reference to the, national and regional, as well as local significance of the national grid, but not the wording proposed. A more suitable wording may be: Recognise the national significance of the electricity transmission network to the country and the importance to, region and district’s social and economic wellbeing. Northpower (X03) The national grid is not the only transmission in operation within Whangarei District. Transmission is rd also owned and operated by Northpower and private 3 parties. Further the electricity supply system is interdependent. The community needs secure transmission and distribution infrastructure for a sustainable and secure electricity supply.
31 | P a g e
Discussion 102. The NPSET clearly identifies the Electricity Transmission Network as important at national, regional and local levels.
It is considered appropriate and consistent with the NPSET to
recognise this importance in Objective NTW.1.2.2.
Changes Recommended 103. Amend Objective NTW.1.2.2 to add the words “…National, Regional and…”
Objective NTW.1.2.3 104. Federated Farmers and Horticulture NZ and have sought the following relief, seeking specific changes to Objective NTW.1.2.3. Various further submissions have been made. Further Submission Relief
Submission Relief Federated Farmers(30) Amend NTW.1.2.3 to ensure that electricity distribution network is contextualised within the meaning of sustainable management. Horticulture NZ (29)
Northpower (X03)
Amend NTW.1.2.3 as follows: Have regard for the contribution of the local electricity distribution network to the District's social and economic wellbeing.
The national grid is not the only transmission in operation within Whangarei District. Transmission is rd also owned and operated by Northpower and private 3 parties. Further the electricity supply system is interdependent. The community needs secure transmission and distribution infrastructure for a sustainable and secure electricity supply.
Discussion 105. PC123A as notified included Objective NTW.1.2.3 to specifically acknowledge the role of local electricity distribution within the Whangarei District. At the time of notification, as a result of Council decision to PC117, CEL were mapped and adopted into the District Plan without specific supporting objectives and policies. Objective NTW.1.2.3 (and supporting policies) was intended to resolve this gap. 106. As previously discussed the different definitions and corresponding provisions were intended to provide clarity in terms of the different levels of electricity conveyance. It has become evident through the assessment of submissions and the discussion during pre-hearing meetings that the definition of ‘Electricity Distribution Network’ is redundant, provided that provisions are appropriately amended.
The recommended definition of Electricity Infrastructure adequately
includes Electricity Distribution, further more recommended Objective NTW.1.2.1 adequately provides for all Electricity Infrastructure.
Changes Recommended 107. Delete Objective NTW.1.2.3.
32 | P a g e
Policies Support/Oppose
Number
Submitter
Number
Further Submitter
30
Federated Farmers
X07
Peter John Batten
X29
Transpower
Oppose/Oppose Part
X09
Horticulture NZ
Support in Part
X02
Northpower
Oppose
X03
Northpower
Oppose
X30
Transpower
Support in Part /Oppose in Part; Oppose/ Oppose in Part
29
Horticulture NZ
and
Donna
Gayle
Support in
02
Maunu Stud Ltd
X80
Transpower
Oppose/Oppose Part
38
Northpower
X08
Golden Bay Cement
Support
X10
Horticulture NZ
Oppose
X26
Transpower
Support in Part/Oppose/Oppose in Part
X06
Northpower
Oppose in Part
X11
Horticulture NZ
Oppose
X18
Federated Farmers
Oppose
X05
Northpower
Support
X12
Horticulture NZ
Support in Part
X28
Transpower
Support in Part
18
Transpower
27
TrustPower Limited
in
General 108. Northpower have made a general submission supporting policies NTW1.3.1 – NTW1.3.4, Horticulture NZ has made a further submission in opposition. Transpower have made a general submission seeking relief that, policies within NTW1.3 be expanded to incorporate additional concepts.
Preferred wording is illustrated in pages 14 and 15 of their original submission.
Additional concepts include security of supply, management of sensitive activities, recognize existing under build situations, management of
subdivision and land use activities in close
proximity to infrastructure can address health, safety, nuisance and amenity effects, need to protect access, some activities are more appropriate under lines, opportunity to facilitate good amenity and urban design outcomes. Horticulture NZ has made a further submission opposing this relief sought as they are prescriptive in intent.
Discussion 109. Council’s approach to the new District Plan is to have short and descriptive policy. The notified policies NTW.1.3 were intended to fit within the settled, general objectives and policies of the operative District Plan (Chapter 23 Network Utilities) and provide a finer grain of prescription. The amendments requested by Transpower are considered to be lengthy, cumbersome and in some cases a mix of rule assessment criteria rather than policy. 33 | P a g e
110. Concern regarding the proposed policies and potential amendments were discussed during the pre-hearing meetings with Transpower.
Changes Recommended 111. Nil
Policy NTW.1.3.1 112. Federated Farmers and Horticulture NZ have sought the following relief, seeking specific changes to Policy NTW.1.3.1. Various further submissions have been made. Submission Relief
Further Submission Relief
Federated Farmers (30)
Transpower (X29)
Amend NTW.1.3.1 to provide for the actual and potential adverse effects arising from electricity infrastructure to be considered, especially effects on the productive capacity of land and on landowners.
The policy already provides for the consideration of actual and potential effects of proposed electricity infrastructure and allows this to be balanced against the functional, technical and operational needs of that infrastructure.
Horticulture NZ (29)
Transpower (X30)
Amend Policy NTW1.3.1 as follows: To consider the actual or potential adverse effects of proposed electricity infrastructure, including effects on adjacent land uses, while taking into account the functional, technical and operational needs of the electricity infrastructure.
Transpower’s own submission seeks a more comprehensive approach to the electricity objectives and policies. Transpower accepts that transmission infrastructure may have adverse effects on the environment including adjacent land uses and would support a specific reference to effects on the environment. However, the proposed wording potentially narrows the issue and is not supported. To consider the actual or potential adverse effects of proposed electricity infrastructure on the environment including effects on adjacent land uses with respect to location, design and operation while taking into account the functional, technical and operational needs of the electricity infrastructure. Northpower (X03) Where a line is located, how it is designed and how it is operated are the elements which determine adverse effects (if any). Specifying consideration of these matters does not limit consideration of adverse effects.
Discussion 113. As previously discussed it is not considered appropriate to elevate rural production beyond other land uses in relation to electricity conveyance. It is agreed that clarity could be provided to proposed policy NTW.1.3.1 to acknowledge actual and potential adverse effects to the use of adjacent land.
Changes Recommended 114. Amend policy NTW.1.3.1 to add the words “including the use of land�.
Policy NTW.1.3.2 115. The following submitters have sought the following relief, seeking specific changes to Policy NTW.1.3.2. Various further submissions have been made.
34 | P a g e
Submission Relief
Further Submission Relief
Federated Farmers (30)
Transpower (X29)
Amend NTW.1.3.2 to refer only to incompatible subdivision and land uses that have the ability to compromise the electricity transmission.
The buffer corridor approach promoted by Transpower seeks to manage activities that could compromise the transmission network or be at risk from the network. Transpower does not support the wording “that could compromise the network” as sought as it confuses the issues. Incompatible development can be at risk from the transmission lines as well.
Horticulture NZ (29)
Transpower (X30)
Amend Policy NTW.1.3.2 as follows: To ensure the safe, secure and efficient use and development of electricity infrastructure by avoiding or mitigating the adverse environmental effects of the network on adjacent land uses and the potential reverse sensitivity effects of other activities on the network. Sensitive activities, such as including schools, residential buildings and hospitals located near the national grid that can cause reverse sensitivity effects.
Transpower’s own submission seeks a more comprehensive approach to the electricity objectives and policies including addressing sensitive activities. The proposed amendment to this policy is not supported as it duplicates other policies that deal with the effect of the transmission network on other activities and does not provide clear guidance on how sensitive activities should be managed. The suggested wording in Transpower’s own submission around the management of sensitive activities is preferred. Northpower (X03) The previous policy manages the concerns raised here. It is not appropriate to duplicate the previous policy here.
TrustPower (27)
Transpower (X28)
Amend policies NTW.1.3.2 and NTW.1.3.5(ii) inserting the word 'inappropriate'.
Accepts that some activities have functional need to be located within the transmission corridor. However it prefers the relief sought in it’s own submission, which also seeks to provide clearer guidance on what activities may be more appropriate under or in close proximity to lines. Also notes that its submission supports permitted activity status for network utilities within buffer corridors. Northpower (X05) Support.
Discussion 116. The relief sought by submitters generally seeks to amend notified policy NTW.1.3.2 to provide some kind of clarity regarding activities which may have reverse sensitivity effects to electricity infrastructure. It is important to note that NTW.1.3 Electricity Policies are a package of policies intended to be considered as a group rather than independently.
Clarification in terms of
‘inappropriate’, ‘incompatible’ and ‘sensitive activities’ is provided within proposed policy NTW.1.3.5.
Changes Recommended 117. Nil
Policy NTW.1.3.3 118. Horticulture NZ has made a submission seeking amendment to Policy NTW.1.3.3 to including codes of practice as a planning method for implementation of the plan. A further submission has been made by Transpower. stating in summary that, the Policy deals with the issue of longterm planning for the development, operation and maintenance of Electricity Transmission Infrastructure and gives effect to Policies 13 and 14 of the NPSET. By themselves codes of 35 | P a g e
practice are not a planning tool to give effect to the long term planning and provision of infrastructure. Northpower has also made a further submission, stating that the RMA already recognises codes of practice as a planning tool and are covered by generic use of planning tools within the policy.
Discussion 119. It is considered that ‘codes of practices’ can be utilised as a planning method where appropriate. Proposed Policy NTW.1.3.8 specifically refers to the New Zealand Electrical Code of Practice for Electrical Safe Distances 34:2001 (NZECP).
Changes Recommended 120. Nil
Policy NTW.1.3.4 121. Horticulture NZ has made a submission, seeking the amendment of NTW.1.3.4 to replace the term 'Electricity Transmission Network' with 'National Grid'. Transpower have made a further submission, stating that both ‘National Grid’ and ‘Electricity Transmission Network’ are defined in the NPSET. Transpower supports the use of ‘Electricity Transmission Network’ in the Plan Change, however Transpower’s key issue is that the NPSET is given effect to. This can be achieved using either term.
Discussion 122. Terminology has been previously discussed. The notified definition of ‘Electricity Transmission Network’ was intended to remain consistent with the definitions of the NPSET.
Changes Recommended 123. Nil
Policy NTW.1.3.5 124. Submitters have sought the following relief, seeking specific changes to Policy NTW.1.3.5. Various further submissions have been made. Submission Relief
Further Submission Relief
Federated Farmers (30)
Transpower (X29)
Delete Electricity Transmission Corridors and subsequent provisions from the District Plan.
Sole reliance on NZECP does not give effect to NPSET.
Amend NTW1.3.5 to restrict the Electricity Transmission Corridors to the National Grid and are no wider than 12m to retain consistency with NZECP, that there are no rules for activities within Electricity Transmission Corridors, only that readers are made aware of NZECP.
There are fundamental problems with NZECP. The buffer corridor approach set out in the plan change and which Transpower has sought to refine through its submission provide an effective and efficient method of addressing these matters. Northpower (X02) PC123A is intended to include rules that relate to both the national grid, and other electricity infrastructure not owned by Transpower. The plan change is not just about giving effect to NPSET. Northpower considers that it is appropriate for all electricity infrastructure, to be covered. Chapter 23 is an overarching policy chapter 36 | P a g e
that deals with all utilities. For now it is appropriate that it remains in a separate chapter. Horticulture NZ (X09) Support in Part – Any distance should only be used to make plan users aware of the requirements of NZECP. Horticulture NZ (29)
Transpower (X30)
Amend NTW.1.3.5 as follows: To ensure safe and efficient use and operation of the National Grid by: i. Recognising and providing for National Grid lines as identified on Planning Maps; and ii. Managing certain activities adjacent to the National Grid to ensure that the requirements of NZECP34:2001 are met; iii. Managing sensitive activities - schools, residential buildings and hospitals - adjacent to the National Grid to ensure that reverse sensitivity effects are avoided. Delete the Electricity Transmission Diagrams from the Plan Change. Amend Policy NTW.1.3.5, delete the diagrams from the plan change.
Transpower’s submission seeks the use of an alternative buffer corridor diagram as part of its refined buffer approach and considers that a diagram is useful to interpret the proposed provisions.
Northpower (38)
Transpower (X26)
Amend policy NTW.1.3.5, relocate diagrams to the relevant rules to read: To ensure safe and efficient use and development of the Electricity Infrastructure by: i. Recognising and providing for strategic electricity infrastructure as identified on planning maps; and ii. Restricting certain activities within strategic electricity corridors, being the land and air space within an appropriate distance of the centreline of strategic electricity lines.
Transpower seeks to ensure the plan change gives effect to the NPSET, including the need for buffer corridors. Transpower accepts that the Council may consider buffer corridors for other electricity assets to be appropriately related to reasons unrelated to the NPSET.
Northpower (X03) The plan change is about electricity infrastructure and rd not just about the national grid. 3 party transmission and distribution also need appropriate provisions. The plan change is part of a rolling review and all electricity provisions need periodic mandatory review.
The wording proposed by the submitter is opposed as it introduces the concept of ‘strategic’ electricity infrastructure, lines and corridors. These terms are not defined in the plan change and could potentially confuse interpretation of the policies and the rules. Transpower accepts that the buffer corridor diagrams could be located in association with the relevant rules rather than part of the policies. However, given they are relevant to both policies, and rules an alternative and preferred solution would be to include a specific definition of ‘Electricity Buffer Corridor’ along with the corridor diagrams (as amended by Transpowers own submission) in Chapter 4. The term Electricity Buffer Corridor could then be adopted in both the policies and rules to simplify the wording and avoid confusion. Golden Bay Cement (X08) The term ‘strategic’ is not defined and is not explained in other parts of the chapter. GBC assumes the term to include the Electricity Transmission Network and CEL, as defined in Northpower submission but considers that this should be clarified within the plan change. Horticulture NZ (10) Oppose – the key matter in the plan change is to give effect to the NPSET and should be limited to that matter.
Transpower (18)
Northpower (X06)
Amend policy NTW.1.3.5 (buffer diagram) to: increase the width of red transmission corridor from 8m to 10m and reduce the width of the outer transmission corridor from 12m to 4m for the DARMPE A and B 66kV transmission line; increase the width of the outer transmission corridor from 20m to 25m for the HEN-MDN 220kV double circuit line on towers, and clarify that setback from support structures will be taken from the outer visible edge of the structure in accordance with NZECP34:2001.
Supports the proposal in principle, intent supports a robust electricity system. As a potential owner of the lines, Northpower has considered the nature of appropriate provisions. Concluding that functionally and the DARM-MPE A & B 66kv lines have more in common with the district’s CEL. Seeking that these lines be removed from diagrams and shown as CEL on the planning maps. Horticulture NZ (X11) Oppose – seek that the diagrams be deleted. 37 | P a g e
Federated Farmers (X18) Oppose – increasing the width of the “red” zone is unnecessary as NZECP already addresses buildings and earthworks in the vicinity of lines, and onerous as it will further restrict landowners. Reference to Western Bay of Plenty decision. TrustPower (27)
Transpower (X28)
Amend policies NTW.1.3.2 and NTW.1.3.5(ii) inserting the word 'inappropriate'
Accepts that some activities have a functional need to be located within the transmission corridor. However it prefers the relief sought in its own submission, which also seeks to provide clearer guidance on what activities may be more appropriate under or in close proximity to lines. Also notes that its submission supports permitted activity status for network utilities within buffer corridors. Horticulture NZ (X12) Support in part – the addition of ‘inappropriate’ provides for activities to be considered as appropriate.
Discussion 125. In its submission and the information circulated during pre-hearing meetings Transpower have somewhat refined their approach to buffers for the Electricity Transmission Corridor. As a result this refinement and the comprehensive submission received, changes to the corridor provisions are recommended. Recommendations in terms of ‘buffers’ or corridor widths are discussed in detail in paragraphs 162 – 165. 126. Several submitters have requested the deletion of the diagrams included in Policy NTW.1.3.5, as a result of the recommended changes to corridor provisions, the recommended provisions are simplified and may not require illustration through diagrams. 127. Several submitters have requested greater clarification within the policy to specifically refer to the NZECP and/or sensitive activities.
It is considered that proposed Policy NTW.1.3.8
appropriately refers to NZECP. As a result of the recommended changes to the corridor provisions, it is recommended that policy NTW.1.3.5 also be simplified to recognise sensitive activities (as defined in the NPSET).
Changes Recommended 128. Delete Policy NTW.1.3.5 as notified including the deletion of the diagram and replace with the following two policies: To ensure safe and efficient use and development of the Electricity Transmission Network by avoiding sensitive activities, which include buildings associated with residential, childcare, school or hospital activities, within the Electricity Transmission Network corridor. To raise awareness of transmission lines, by identifying the location of the Electricity Transmission Network on planning maps
38 | P a g e
Policy NTW.1.3.6 129. Submitters have sought the following relief, seeking specific changes to Policy NTW.1.3.6. Various further submissions have been made. Submission Relief
Further Submission Relief
Federated Farmers (30)
Transpower (X29)
Amend NTW.1.3.6 to provide for the encouragement of upgrades as well as extensions to the Electricity Transmission Network to be undertaken through designations.
Anticipates that in most cases new lines or significant upgrades, will be designated. The NESETA generally provides for minor upgrade works, however the concern is that there will be different expectations around the scope of work that may be considered to be a ‘significant’ upgrade or otherwise. Northpower (X02) Opposes the policy in its entirety. Horticulture NZ (X09) Support – the inclusion of upgrades being undertaken via designations would provide clarity.
Horticulture NZ (29)
Transpower (X26)
Amend NTW.1.3.6 as follows: To require extensions to the National Grid to be undertaken through designations.
Anticipates that any new lines that may be required will be designated. However designation is only one available planning tool and may not always be appropriate. Northpower (X03) Designations are one mechanism available to requiring authorities when constructing new assets. However it is not appropriate for a district plan, to make the use of this mechanism mandatory. Doing so, removes private easement agreement/resource consent combinations as an option for landowners and requiring authorities cooperating together.
Northpower (38)
Transpower (X26)
Delete policy NTW.1.3.6.
Policy is considered to give effect to policy 13 of the NPSET, which requires decisions makers to recognise that the designation process can facilitate long-term planning for the development, operation and maintenance of electricity transmission infrastructure. As such Transpower opposes the deletion of the policy, however it accepts that the policy could be expanded to recognize that a range of other planning tools, in addition to designations. To encourage extensions to the Electricity Transmission Network to be undertaken through designations while recognising that designation may not always be appropriate. Horticulture NZ (X10) Oppose – Horticulture NZ supports the use of designations of new and upgraded lines.
Discussion 130. Submission from Federated Farmers has sought amendment to Policy NTW.1.3.6 to include upgrading of the Electricity Transmission Network. The NESETA defines and provides for minor upgrading of existing Electricity Transmission Lines, therefore the District Plan cannot contain a 39 | P a g e
provision that is contrary to the NESETA. The sentiment of the relief sought is agreed with and it is recommended that the policy be amended to include upgrading that may not meet the minor upgrading NESETA provisions. 131. Horticulture NZ has requested that Policy NTW.1.3.6 be amended to ‘require’ designation. Northpower have opposed proposed Policy NTW.1.3.6, stating that alternative solutions that stand up to the scrutiny of section 32 analysis and cost benefit analysis should not be discouraged. Northpower have also made a further submission opposing the relief sought by Horticulture NZ, stating that designations are one mechanism available to requiring authorities when constructing new assets. It is not appropriate for a district plan to make the use of this mechanism mandatory.
Doing so, removes private easement agreement/resource consent
combinations as an option for landowners and requiring authorities co-operating together. 132. With regard to amending Policy NTW.1.3.6 to ‘require’ designation, it is considered that Northpower is correct; designation is one option available to a network utility operator to ensure safe and secure operation of their service, just as resource consent application, or private plan change applications are options. However, Part 8 of the RMA specifically provides a process of designation for network utility operators as requiring authorities. The process of a Notice of Requirement for Designation is similar to that of a resource consent application process, and could be considered less onerous than a plan change process. 133. It is appropriate for Council to signal its preferred method, notified Policy NTW.1.3.6 simply seeks to ‘encourage’ designation and does not ‘require’ the use of designations. In the event of a discretionary or non-complying resource consent application, Policy NTW.1.3.6 would only then come into consideration.
Changes Recommended 134. That Policy NTW.1.3.6 be amended to refer to all Electricity Infrastructure and to include upgrading that may not meet the minor upgrading NESETA provisions.
Policy NTW.1.3.7 135. Horticulture NZ and Northpower have sought the following relief, seeking specific changes to Policy NTW.1.3.7. Various further submissions have been made. Submission Relief
Further Submission Relief
Horticulture NZ (29)
Transpower (X30)
Amend NTW.1.3.7 to replace the term 'Electricity Transmission Network' with 'National Grid'
Both ‘National Grid’ and ‘Electricity Transmission Network’ are defined in the NPSET. Transpower supports the use of ‘Electricity Transmission Network’ in the plan change, however Transpower key issue is that the NPSET is given effect to. This can be achieved using either term. Northpower (X03) The plan change is about electricity infrastructure not rd just about the national grid. 3 party transmission and distribution also need appropriate provisions.
40 | P a g e
Northpower (38)
Transpower (X26)
Amend policy NTW.1.3.7 to read: to ensure the safe and efficient use and development of Electricity Infrastructure by recognising and providing for existing and future corridors for strategic electricity infrastructure, including when identifying new areas urban development.
Transpower seeks to ensure the plan change gives effect to the NPSET. It accepts that the Council may consider buffer corridors for other electricity assets to be appropriate. Golden Bay Cement (X08) The term ‘strategic’ is not defined and is not explained in other parts of the chapter. GBC assumes the term to include the Electricity Transmission Network and CEL, as defined in Northpower submission but considers that this should be clarified within the plan change. Horticulture NZ (X10) The key matter of the PC is to give effect to the NPSET and should be limited to that matter.
Discussion 136. Terminology has been previously discussed. The notified definition of ‘Electricity Transmission Network’ was intended to remain consistent with the definitions of the NPSET. 137. It is standard procedure for Council to consider both natural and physical constraints when preparing and assessing plan changes, to identify areas of urban development or urban rezoning. It is therefore considered appropriate, to include all Electricity Infrastructure within Policy NTW.1.3.7.
Changes Recommended 138. Amend Policy NTW.1.3.7 by replacing ‘Electricity Transmission Network’ with ‘Electricity Infrastructure’.
Policy NTW.1.3.8 139. Horticulture NZ and Northpower have sought the following relief, seeking specific changes to Policy NTW.1.3.8. Various further submissions have been made. Submission Relief
Further Submission Relief
Horticulture NZ (29)
Transpower (X30)
Amend NTW.1.3.8 to replace the term 'Electricity Transmission Network' with 'National Grid' and Distribution Networks with 'Local Distribution Networks'. Add (NZECP34:2001) at the end of the paragraph so there is a reference to the abbreviated term of the code of practice.
Both ‘National Grid’ and ‘Electricity Transmission Network’ are defined in the NPSET. Transpower supports the use of ‘Electricity Transmission Network’ in the plan change; however Transpower’s key issue is that the NPSET is given effect to. This can be achieved using either term. Transpower supports the inclusion of the abbreviated form of the code of practice as a reference.
Northpower (38)
Transpower (X26)
Amend policy NTW.1.3.8 to read: To ensure safe and efficient use and development of Electricity Infrastructure in accordance with Electricity Act 1992, Electricity (Hazards from Trees) Regulations 2003, Electricity (Safety) Regulations 2011 and New Zealand Electrical Code of Practice for Electrical Safe Distances 34:2001.
Transpower seeks to ensure the plan change gives effect to the NPSET. It accepts that the Council may consider buffer corridors for other electricity assets to be appropriate. Horticulture NZ (X10) The key matter of the plan change is to give effect to the NPSET and should be limited to that matter.
41 | P a g e
Discussion 140. All Electricity Infrastructure is required to meet the provisions of the Electricity Act 1992 including the Electricity (Hazards from Trees) Regulations 2003, Electricity (Safety) Regulations 2011 and New Zealand Electrical Code of Practice for Electrical Safe Distances 34:2001. Therefore it is appropriate to include all ‘Electricity Infrastructure’ in the proposed policy.
Changes Recommended 141. Amend Policy NTW.1.3.8 by replacing ‘Electricity Transmission Network’ with ‘Electricity Infrastructure’.
42 | P a g e
Electricity Infrastructure Land Use Rules (NTW.2.2 and NTW.2.3) Number
Submitter
Number
Further Submitter
Support/Oppose
30
Federated Farmers
X02
Northpower
Oppose
X07
Peter John and Donna Gayle Batten
Support
X09
Horticulture NZ
Support
X29
Transpower
Oppose
X03
Northpower
Oppose
X21
Federated Farmers
Support
X30
Transpower
Support in Part and Oppose in Part
X04
Northpower
Oppose in Part
X27
Transpower
Support in Part
X08
Golden Bay Cement
Support
X10
Horticulture NZ
Oppose
X22
Federated Farmers
Oppose
X06
Northpower
Oppose Part/Support Part
X11
Horticulture NZ
Oppose in Part
29
Horticulture NZ
09
Huzza Farms Ltd
15
New Zealand Transport Agency
38
18
08
Northpower
Transpower
in in
Wiremu Farm Ltd
Rules NTW.2 General 142. Northpower has made a submission regarding the title of section NTW.2 Network Utilities – Electricity Infrastructure Land Use, stating that the title should provide more clarity by reflecting the plan change and section content.
Relief sought is the amendment to the title to read
“NTW.2 Rules to Manage Adverse Effects of Electricity Infrastructure”. No further submissions have been received. 143. Transpower have made a submission supporting rule NTW.2.1 Electricity Transmission, but seeking amendment to move the location of the date reference within the paragraph. No further submissions to the relief sought have been made.
Discussion 144. The new chapter proposed for Network Utilities has been established to remain consistent with new chapters created in the District Plan rolling review, where proposed sections and titles within the chapter are consistent.
Changes Recommended 145. Amend NTW.2.1 by moving the location of the date reference within the paragraph.
43 | P a g e
Rule NTW.2.2.1 Electricity Infrastructure – Permitted Activities 146. The following submitters have sought specific changes to rule NTW.2.2.1 Electricity Infrastructure Permitted Activities as relief to submissions. Various further submissions to the relief sought have been made. The following table summarises the relevant relief sought: Submission Relief
Further Submission Relief
Federated Farmers (30) Amend rule NTW.2.2.1 so replacement, upgrading, relocation and construction of Electricity Infrastructure have a Discretionary status. Northpower (38)
Horticulture NZ (X10)
Amend rule NTW.2.2.1 to read: The construction, maintenance and upgrading of the Electricity Infrastructure which meets the following standards are permitted activities.
Oppose – has sought changes
Support rule NTW.2.1 conditions a-e. Horticulture NZ (29)
Transpower (X30)
Delete Rule NTW.2.2.1.c. Which allows for new lines as a permitted activity. Allowing this scale of activity to occur as permitted is no effects-based, nor will it achieve sustainable management. This rule does not take into account the large scale of adverse effects, and impacts on landowners.
Considers that it is appropriate for the effects of a new transmission line to be considered through a consent or designation process. Notwithstanding this, the Public Works Act requires the creation of easements for new lines, such that new lines could not be developed without landowners being aware. Northpower (X03) Permitted activities for electricity infrastructure is necessary to ensure sustainable and secure provision of electricity supply. Land owners and providers need certainty with regard to what can and cannot be installed without Resource Consent.
Northpower (38)
Horticulture NZ (X10)
Amend rule NTW.2.1 condition f, to read: The establishment of indoor junction boxes, substations and other equipment cabinets and; above ground junction boxes, substations and other equipment cabinets, that have a height no greater than 1.5m and a ground coverage not exceeding 3.0m2 provided that it meets the following: i. Have a low reflectivity finish, recessive in colour, with a maximum reflectivity of no more than 40%, except where it is required for safety purposes. ii. Is located so that it does not impede pedestrians, cyclists or motorists.
Oppose – has sought changes
New Zealand Transport Agency (15)
Transpower (X27)
Concerned that PC123A provides for most electricity infrastructure as a permitted activity, structures located adjacent to or in close proximity to the State Highway may have adverse effects on the safety and traffic functionality of the State Highway. New Zealand Transport Agency has sought specific relief in relation to this submission, that electricity infrastructure is a controlled or restricted discretionary activity with one of the controls or matters for discretion is the effect on the State Highway. New Zealand Transport Agency approval
Supported in part, acknowledging that the effects on the State Highway as a result of new infrastructure are valid considerations in any application. Northpower (X04) Opposed in part the submission, stating that while it understands the relief, it would impose resource consent requirements on routine electricity provision and could unnecessarily compromise Northpower’s ability to provide electricity. 44 | P a g e
is required before any Electricity Infrastructure can be located in close proximity or adjacent to the State Highway.
Discussion 147. The NESETA only applies to the operation, maintenance and upgrading of the Electricity Transmission Network.
The District Plan must have provisions that address the operation,
maintenance and upgrading of other Electricity Infrastructure.
Proposed rule NTW.2.2 was
intended to replace the Operative District Plan network utility permitted activity provisions, (relating to the maintenance and operation of network utilities) in each Environment (zone). Thresholds proposed such as height or sizes of structures have remained consistent with the operative provisions, and consistent with the relevant zone amenity. 148. Proposed Rule NTW.2.2 acknowledges that electricity is an important resource for the district. To maintain this resource, daily maintenance and operation needs to occur without continual resource consent approval from Council. It is recognised that such maintenance and operations do impact upon adjacent landowners; therefore the thresholds proposed were intended to strike a balance. This balance has been reassessed on the basis of submissions and discussions from pre-hearing meetings. 149. While New Zealand Transport Agency raised a specific concern, they did not request specific changes in their submission relief. This matter was discussed during the pre-hearing meeting; it was Council’s preference that a separation distance be established as a permitted activity threshold. During the pre-hearing meeting it was resolved that the matter could be addressed with a memorandum of understanding between Northpower and New Zealand Transport Agency.
If resolution is not achieved, it is considered appropriate that a permitted activity
provision requiring a specified separation distance for lines and poles, be added to rule NTW.2.2.
Changes Recommended 150. That NTW.2.2 is amended as per the changes illustrated in Attachment 4.
Rule NTW.2.3 Electricity Infrastructure Discretionary Activities 151. The following submitters have sought specific changes to rule NTW.2.3 Electricity Infrastructure Discretionary Activities as relief to submissions.
Various further submissions to the relief
sought have been made. The following table summarises the relevant relief sought: Submission Relief
Further Submission Relief
Northpower (38)
Horticulture NZ (X10)
Amend rule NTW.2.3, to reclassify as Restricted Discretionary Activities and undertake consequential amendments. Support rule NTW.2.3 matters for
Oppose – the submitter seeks to have a more favourable rule framework for their activities but impose a stricter regime on other parties.
45 | P a g e
discretion.
Federated Farmers (X22) Oppose – full discretionary status is appropriate for the large scale of infrastructure activities and the unknown and variable range of adverse effects, particularly on land owners and the range of farming activities that could be affected.
Federated Farmers (30)
Transpower (X29)
Amend rule NTW.2.3.1 to include a new matter of discretion that considers adverse effects on land uses and that these adverse effects are managed.
The rule already requires consideration of whether or not the measures proposed are sufficient to avoid, remedy or mitigate the environmental effects of the activity. Further the activity status is discretionary, such that the consideration of effects will not be limited to the specific matters listed. Northpower (X02) The stated reasons for the relief sought are to consider adverse effects on existing farming operations, and the value of the land that the infrastructure is located on. This is not appropriate as the impact of property values is not a relevant matter under the RMA. Horticulture NZ (X09) Support – Horticulture NZ submission also seeks that rural production activities are included as a matter of discretion.
Transpower (18)
Horticulture NZ (X11)
Amend NTW.2.3 to include an additional matter to which Council will have regard to: the operational or technical constraints of electricity infrastructure.
Oppose in part - while consideration of the operational or technical constrains of electricity infrastructure may be consideres there also needs to be consideration on the impact of land use, in particular rural production activities, as sought in the Hort NZ submission.
Horticulture NZ (29)
Transpower (X30)
Amend NTW.2.3.1 to add another matter as follows: Whether the activity will compromise or reduce rural production activities in the surrounding and nearby environment.
The activity status under Rule NTW.2.3.1 is discretionary, such that the consideration of effects will not be limited to the specific matters listed. Northpower (X03) Condition viii is broad enough to provide scope for consideration of effects on horticultural activities.
Discussion 152. The proposed chapter is intended to apply in a district wide context, as part of the rolling review. Issues relating to ‘rural’ or ‘rural production’ will be addressed and located within the middle and lower levels of the plan [Attachment 5]. It is considered that additional matters of consideration should also remain district wide in context. 153. Northpower has made a submission seeking relief that the rule be classified as a restricted discretionary activity.
Restricted
discretionary activity status
is
only appropriate
in
circumstances where Council can be certain of potential environmental effects, and that matters of consideration can be established to specifically address potential effects. It is considered that activities that fail to meet the permitted activity thresholds have the potential to have variable adverse effects and full discretionary status is appropriate for the large scale of infrastructure
activities.
46 | P a g e
Changes Recommended 154. That the following matters be added to rule NTW.2.3: The extent to which the proposed activity will affect the operation, maintenance and safety of the State Highway Network. The efficient use and development of land. The operational or technical constraints of the electricity infrastructure.
47 | P a g e
Electricity Transmission Corridor Rules (NTW.2.4, NTW.2.5, NTW.3.2) Number
Submitter
Number
Further Submitter
Support/Oppose
19
Rob and Adrienne Carswell
X50
Transpower
Support in Part
21
Julia Gordon
X76
Transpower
Support in Part
08
Wiremu Farm Ltd
X50 X92
Transpower
Support in Part/ Oppose in Part
29
Horticulture NZ
X03
Northpower
Oppose
X21
Federated Farmers
Support
X30
Transpower
Support in Part/ Oppose in Part/Oppose
X08
Golden Bay Cement
Support
X22
Federated Farmers
Oppose
X10
Horticulture NZ
Oppose
X26
Transpower
Support in Part
X06
Northpower
Support
X11
Horticulture NZ
Support in Part
X23
Federated Farmers
Oppose
X07
Peter John Batten
X09
Horticulture NZ
Support in Part
X29
Transpower
Oppose
X77, X82, X85
Transpower
Oppose in Part/ Support in Part
38
18
30
09
Northpower
Transpower
Federated Farmers
Huzza Farms Ltd
and
and
Donna
Gayle
Support
155. The following submissions have made submissions in relation to Transmission Corridor Rules, seeking additional permitted activity provisions as relief sought.
Submission Relief
Further Submission Relief
Transpower (18)
Horticulture NZ (X11)
Insert new permitted activity rule or amend rules NTW.2.4 and NTW.2.5, Permitting fencing less than 2.5m in height, alterations and additions to existing buildings that do not increase within the full Electricity Transmission Corridor subject to compliance with NZECP.
Support in part – seek that a new permitted activity rule be included for buildings.
Insert permitted activity rules relating to earthworks: • • • • •
Earthworks no deeper than 300mm within 2.2m of a pole Earthworks no deeper than 750mm within 2.2m and 5m of pole Earthworks no deeper than 300mm within 6m of a tower Earthworks no deeper than 3m between 6m and 12m of tower. Earthworks undertaken by network utility operator or as part of normal farming practices or domestic cultivation, or repair, sealing or resealing of road, footpath or driveway are exempt.
48 | P a g e
Horticulture NZ (29)
Transpower (X26)
Insert new permitted activity rule. That the following buildings are permitted activities: Any building within 12m either side of a high voltage transmission line that is part of the national grid that meets NZECP; Crop support structures and artificial crop protection structures where there is a clearance distance from the transmission lines and structures of 3m; Alterations and extensions to existing buildings where the alteration or extension does not occur closer to the transmission line either horizontally or vertically from the existing building; Buildings that 2 are less than 10m in area and 2.5m in height. Provided that the building is not a residential building, educational facility, rest home or hospital.
Transpower’s own submission supports the inclusion of a permitted activity standard for activities within the buffer corridors subject to compliance with NZECP. Northpower (X03) Buildings as an activity that should be accounted for in corridor provisions. A new dedicated rule is unnecessary. Federated Farmers(X21) Agree that buildings and structures that comply with NZECP should have a permitted activity status in the district plan, and that rules should focus only on sensitive activities as identified in the NPSET.
Discussion 156. In its submission Transpower somewhat refined its approach to buffers for Electricity Transmission corridor, from that proposed in pre-notification negotiation with the Council. This refinement includes promotion of compatible activities and ‘exemptions’ via permitted activity provisions. 157. Within its requirement to implement the NPSET the Council is required to ‘the extent reasonably possible manage reverse sensitivity activities on the electricity transmission network’.
It is
considered that, ‘extent reasonably possible’ requires the Council to manage only those activities that will create adverse, reserve sensitivity effects via resource consent.
It is
considered appropriate to insert permitted activity provisions similar to those sought by Transpower and Horticulture NZ, those recommended are consistent with the permitted activity provisions settled for PC117. 158. Additional permitted activity provisions for earthworks are sought by Transpower. These are lengthy and repeat the controls specified in NZECP. It is considered that such repetition is unnecessary. 159. NZECP have been established and tested under the Electricity Act 1992 by experts setting appropriate separation distances for relevant activities which may impact upon the operation of Electricity Transmission Lines. It is considered appropriate to permit those activities certified to comply with NZECP, where compliance with NZECP and the permitted activity standards cannot be achieved it is appropriate that resource consent approval be obtained from the Council at full discretion.
Changes Recommended 160. That NTW.2 is amended to insert permitted activity and discretionary provisions as per the changes illustrated in Attachment 4.
Rules NTW.2.4 and NTW.2.5Transmission Corridor Activities (Land Use) 161. The following submitters have sought specific changes to rules NTW.2.4 and NTW.2.5 as relief to submissions.
Various further submissions to the relief sought have been made.
The
following table summarises the relevant relief sought:
49 | P a g e
Submission Relief
Further Submission Relief
Federated Farmers (30)
Transpower (X29)
Delete rule NTW.2.4.
Sole reliance on NZECP does not give effect to NPSET.
Delete rule NTW.2.5
There are fundamental problems with NZECP.
Delete Electricity Transmission Corridors and subsequent provisions from the District Plan.
The buffer corridor approach set out in the plan change and which Transpower has sought to refine through its submission provide an effective and efficient method of addressing these matters.
Amend Policy NTW.1.3.5 to restrict the Electricity Transmission Corridors to the National Grid and are no wider than 12m to retain consistency with NZECP, that there are no rules for activities within Electricity Transmission Corridors, only that readers are made aware of NZECP.
Horticulture NZ (X09) Support in part – NZECP adequately manages effects of activities.
Horticulture NZ (29)
Transpower (X30)
Amend Rule NTW.2.4. the construction, alteration or location of any building or structure that fails to meet the permitted activity rule NTW.2.x is a Restricted Discretionary Activity.
Supports a default to non-complying rather than restricted discretionary activity status for activities that fail to meet the permitted activity standards set out in its submission (with some exceptions in situations of existing underbuild). The permitted activity standards essentially require compliance with NZECP, such that a failure to do so would infringe the safe electrical separation distances and result in potentially significant health and safety risks.
Delete Rule NTW.2.5. Amend Policy NTW.1.3.5 as follows: To ensure safe and efficient use and operation of the National Grid by: i. Recognising and providing for National Grid lines as identified on Planning Maps; and ii. Managing certain activities adjacent to the National Grid to ensure that the requirements of NZECP34:2001 are met; iii. Managing sensitive activities - schools, residential buildings and hospitals - adjacent to the National Grid to ensure that reverse sensitivity effects are avoided. Delete the Electricity Transmission Diagrams from the Plan Change. Amend Policy NTW.1.3.5, delete the diagrams from the plan change.
Transpower’s submission seeks to provide further clarity around what activities can be appropriately undertaken in the inner corridor, including permitted activities for certain activities. Non-complying activity consent is sought for all other buildings and structure in the inner corridor in order to avoid adverse effects on the lines and potential health and safety risks. Non-complying activity status is considered appropriate to clearly indicate that this situation will not generally be supported. Transpower would support additional controls on sensitive activities in the outer buffer zone.
Northpower (38)
Transpower (X26)
Relocate rule NTW.2.4.1 and add diagrams currently in policy NTW.1.3.5.
A preferred solution is to include a specific definition of electricity buffer corridor along with the diagrams in Chapter 4.
Relocate rule NTW.2.5.1 and add diagrams currently in policy NTW.1.3.5.
Horticulture NZ (X10) Oppose – submission seeks that the diagrams be deleted.
Transpower (18)
Horticulture NZ (X11)
Amend rules NTW.2.4 and NTW.2.5 to remove the restriction on 'internal alterations' to buildings.
Support in part – the deletion of internal alterations is supported.
Include a clause in NTW.2.4 and NTW.3.1 and the provisions requested for earthworks, to identify Transpower as an affected party in relation to applications for buildings, earthworks or subdivision within the required setbacks from electricity transmission lines.
Support in part/Oppose in part – the inclusion for a permitted activity rule for buildings and structures is supported by the default should be restricted discretionary activity not non-complying, and the matters of discretion retained.
Amend rule NTW.2.4, the activity status for buildings and structures in the Electricity Transmission Assessment Area is permitted rather than restricted discretionary subject to compliance with NZECP. This should include a default to non-complying activity status. As a consequence delete matters for discretion in rule NTW.2.4.
Oppose – Not all earthworks should be restricted discretionary activity. There is no provision for a permitted activity rule. Earthwork provisions are managed through NZECP. Oppose – proposed notification provisions, Landowners are required to comply with NZECP, which may involve approval from Transpower. Additional requirements through the District Plan should not be required.
50 | P a g e
Include restricted discretionary provisions to control earthworks in close proximity to electricity transmission infrastructure. Amend policy NTW1.3.5 (buffer diagram) to: increase the width of red transmission corridor from 8m to 10m and reduce the width of the outer transmission corridor from 12m to 4m for the DAR-MPE A and B 66kV transmission line; increase the width of the outer transmission corridor from 20m to 25m for the HEN-MDN 220kV double circuit line on towers, and clarify that setback from support structures will be taken from the outer visible edge of the structure in accordance with NZECP.
Federated Farmers (X23) Oppose – No need for earthwork rules in the district plan as codes of practice already address this matter, section 2.2 of NZECP. Reference to Western Bay of Plenty decision. Oppose, the clause adding Transpower as an affected party to resource consent is unnecessary duplication of existing regulatory frameworks. Land owners undertaking works that breach safety distance standards in NZECP are already required to obtain written permission from the owner of the infrastructure. Oppose – non-complying status is overly onerous when matters of consideration relate to the discrete matter of adverse reverse sensitivity effects on transmission. Federated Farmers considers that the rule is unnecessary as there are already multiple opportunities and existing regulatory frameworks that seek to manage adverse effects on transmission interests, and that farming activities will not create reverse sensitivity effects.
Discussion 162. It is considered inappropriate to delete provisions relating to a buffer corridor, but these provisions should ‘generally not provide for’ sensitive activities. The NPSET defines sensitive activities and it is considered that such activities should be a discretionary activity within a specified distance (buffer corridor) of the Electricity Transmission Network consistent with the intent of Policy 11 of the NPSET. 163. According to section 2 of NZECP 34:2001 the minimum safe distances between buildings and overhead electric line support structures (exceeding 66kV) is 12m. Transpower have stated “While NZECP34:2001 seeks to protect persons, property, vehicles and mobile plants from harm or damage from electrical safety hazards, it does not protect the integrity of the National Grid from the effects of other activities and it does not prevent development (including sensitive development) from occurring underneath transmission lines.” 164. Transpower has refined its approach to buffers for Electricity Transmission corridor. According to their submission this refinement is based on asset-specific calculations of the conductor swing in everyday conditions, intending to provide greater certainty. This refinement includes clarification of buffer widths for each line described in the above table. This buffer includes an ‘assessment area’ which extends beyond the 12m distance. As I understand the submission, Transpower have provided limited justification as to how the integrity of the National Grid will be affected by potential development of sensitive activities beyond the 12m separation distance. 165. To ensure consistency with the NZECP and with the 12m no build area (either side of a line) as notified (consistent with Transpowers submission), it is recommended that sensitive activities within 12m of all Electricity Transmission Lines be considered as a discretionary activity. It is appropriate that resource consent approval be obtained from the Council at full discretion. Transpower has sought that buildings, structures, earthworks or sensitive activities which fail to meet the permitted activity provisions should default to a non-complying activity status. In my experience in Whangarei discretionary activities can be far more restrictive and robust than a
51 | P a g e
non-complying activity particularly as section 104D provides specific ‘gateway tests’ for noncomplying activities.
Changes Recommended 166. That NTW.2.4 and NTW.2.5 are amended to insert discretionary provisions as per the changes illustrated in Attachment 4.
NTW.3 Network Utilities – Electricity Transmission Subdivision 167. Northpower has made a submission regarding the title of section NTW.3 Network Utilities – Electricity Infrastructure subdivision, stating that the title should provide more clarity by reflecting the plan change and section content. Relief sought is the amendment to the title to read “NTW.3 Rules to Manage Adverse Effects on Electricity Infrastructure”.
No further
submissions have been received. Further relief sought is to insert a new rule to manage the effects of land use activities and subdivision on all CELs. 168. Federated Farmers have opposed this submission, as there is no need for a new rule to manage the effects of land use and subdivision on critical infrastructure. There is already a raft of existing regulation for electricity transmission, such as NZECP, which seeks to manage effects of activities on electricity transmission. Farming activities do no compromise electricity infrastructure.
Discussion 169. The new chapter proposed for Network Utilities has been established to remain consistent with new chapters created in the District Plan rolling review, proposed sections and titles within the chapter are also consistent. 170. Provisions for Critical Electricity Lines have been considered under PC117, the Council has reached a settled agreement for PC117. This includes a new district wide section dedicated to CEL, including provisions to manage land use and subdivision in proximity to CEL. To avoid unnecessary complication and potential re-litigation it is considered that provisions relating to CEL should not be included in PC123A.
Changes Recommended 171. Nil
Rule NTW.3.2 Transmission Corridor Activities (Subdivision) 172. The following submitters have sought specific changes to subdivision rule NTW.3.2 as relief to submissions. Various further submissions to the relief sought have been made. The following table summarises the relevant relief sought: Submission Relief
Further Submission Relief
Federated Farmers (30)
Transpower (X29)
Delete rule NTW.3.2.
In its submission, Transpower seeks to include a performance standard requiring a building platform to be located outside the inner corridor with a default to noncomplying activity status where this cannot be achieved. 52 | P a g e
This approach aims to avoid the creation of allotments that cannot safely be developed. Northpower (38) Amend NTW.3.2 to assign consistent activity status and undertake consequential amendments. Transpower (18)
Federated Farmers (X23)
Amend rule NTW.3.2 to include an appropriate allotment shape or building area rule (consistent with the existing District Plan Rules 71.3.3, 74.3.2 and/or 73.3.4).
Oppose – no need for additional matters of discretion, as matters such as access, ability to carry out maintenance and inspections, and planned upgrades is a matter that should be addressed between the land owner and Transpower, not by the Council.
Include the following matters for discretion in rule NTW.3.2 in addition to those already listed: The risk to the structural integrity of the transmission asset; The ability for operation, maintenance and planned upgrade of the transmission asset, including inspection of transmission lines; The extent to which the subdivision design and consequential development will minimise the risk or injury and/or property damage from such lines; The extent to which the subdivision design and consequential development will minimise the potential reverse sensitivity and nuisance effects of the transmission asset; the ability to provide a complying building (platform); outcomes of any consultation with the affected utility operator.
Support the note.
Include a clause in NTW.2.4 and NTW.3.1 and the provisions requested for earthworks, to identify Transpower as an affected party in relation to applications for buildings, earthworks or subdivision within the required setbacks from electricity transmission lines. Retain the advice note to NTW.3.2.
Discussion 173. It is considered appropriate to ensure as early as possible that future activities, avoid, remedy or mitigate potential reverse sensitivity effects to Electricity Transmission Lines, consistent with the intent of Policy 10 of the NPSET.
Consideration of such matters at time of subdivision
provides the opportunity for development to be designed in a manner that may achieve integrated management. Within it’s submission Transpower have requested, at the most a total transmission corridor width of 37m from the centre line of the line (including both the no-build and check areas). Given the potential scope and ability to design appropriate development at time of subdivision application, it is considered appropriate to capture potential subdivision development within the 37m width requested. 174. As a discretionary activity, matters of discretion are unlimited, therefore it is considered that all matters requested by Transpower could be assessed with any relevant subdivision application. Furthermore the general matters listed sufficiently address those additional matters requested by Transpower.
Changes Recommended 175. That NTW.3.2 be amended as per the changes illustrated in Attachment 4.
53 | P a g e
Outstanding Landscape Area and Outstanding Natural Features Number
Submitter
Number
Further Submitter
Support/Oppose
18
Transpower
X06
Northpower Ltd
Support in Part/Oppose in Part
176. In its submission Transpower has accepted that Rule 57.2.1 Buildings and Structures of Chapter 57 Landscape Area Rules, will continue to apply and is an appropriate way to deal with activities in the Outstanding Landscape and Natural Feature Areas and supports the general intent of this rule.
However, in order to ensure the comprehensive approach to electricity
transmission that is promoted through PC123A, Transpower seeks the inclusion of an additional matter of discretion in Rule 57.2.1 “The operation or technical constraints of electricity infrastructure�.
Discussion 177. It is considered consistent with the intent of the NPSET, to recognise and provide for the Electricity Transmission Network, to amend Rule 57.2.1 Buildings and Structures of Chapter 57 Landscape Area Rules.
Changes Recommended 178. Delete Rule 57.2.1 and replace with the recommended rule as per attachment 4, to appropriately consider the operational or technical constraints of electricity infrastructure.
54 | P a g e
Section 32 Evaluation Number
Submitter
Number
Further Submitter
30
Federated Farmers of New Zealand
X07
Peter John and Gayle Batten
Support/Oppose Donna
Support
179. Federated Farmers of New Zealand have submitted that the purpose of Electricity Transmission Corridors remains questionable, and that the purposes are better addressed through alternative methods to rules in the plan. Relief sought is that the section 32 evaluation addresses the reasons for the Plan Change, the costs that the Plan Change will have on people and communities who live and work in the Whangarei District, and alternative methods to regulation. 180. Evaluation in terms of section 32 is ongoing, and must be undertaken to confirm the appropriateness of PC123A. The following provides an evaluation in terms of section 32 for the recommended provisions of PC123A.
Objectives Appropriateness Evaluation 181. This evaluation must consider the extent to which each objective proposed is the most appropriate way to achieve the purpose of the Act.
To confirm the appropriateness the
objectives are evaluated for consistency with the purpose of the Act, consistency with the NPSET and consistency with the Operative District Plan. The recommended objectives more targeted than the objectives of Chapter 23, dealing only with electricity infrastructure and are intended to strengthen the policy direction for the provision of electricity infrastructure. It is considered that the recommended objectives are not inconsistent with the objectives of Chapter 23, and will not result in implementation conflicts. 182. NTW.1.2.1 Electricity Objective: Providing for the sustainable, secure, safe and efficient use and development of the electricity infrastructure within the Whangarei District, while seeking to avoid, remedy or mitigate adverse effects on the environment including the use of land. Part II of the Act:
RMA Provision
Evaluation
S5
The objective seeks to provide for electricity infrastructure, an essential physical resource required to provide energy such as light and heating to homes and services, as required to meet the social wellbeing needs of communities in the Whangarei District. The economic wellbeing of the Whangarei District is maintained by industry, production, and business etc, activities which are reliant upon electricity energy for operation. Cultural wellbeing of the Whangarei District is associated with the historic and cultural heritage, sense of place and the sense of community. The objective provides for cultural wellbeing as it seeks to avoid, remedy or mitigate any adverse effects on the environment, including effects on heritage, amenity and landscape. The objective seeks to provide for electricity infrastructure, a resource required for the operation of homes and emergency services. Providing for services 55 | P a g e
essential for community health and safety, it also seeks to avoid, remedy or mitigate any adverse effects on the environment, including effects on heritage, amenity and landscape. s5(2)(a)
The objective sustains the potential of natural and physical resources to meet the needs of future generations by avoiding, remedying and mitigating adverse effects associated with the use and development of electricity infrastructure. The recommended addition to the objective highlights the importance of ensuring that effects to the use of land surrounding the Electricity Transmission Lines is also avoided, remedied or mitigated.
s5(2)(b)
While the objective is focused to the provision of sustainable electricity infrastructure, adverse effects on the environment must be avoided, remedied or mitigated including adverse effects to the life-supporting capacity of air, water, soil and ecosystems.
s(2)(c)
The objective aims to avoid, remedy and mitigate adverse effects associated with the use and development of electricity infrastructure.
s6
The objective does not specifically provide for any matters listed in section 6 of the Act. It is noted that these matters are provided for in the district wide settled objectives and policy of the Operative District Plan.
s7
The objective provides for the sustainable, secure and efficient use and development of electricity infrastructure consistent with the intent of sections 7(b) the efficient use and development of natural and physical resources.
National Policy Statement on Electricity Transmission
NPS Provision
Evaluation
5. Objective:
The objective recognises the importance of electricity infrastructure for Whangarei District. The objective seeks to provide for the sustainable, secure and efficient use and development of electricity infrastructure. The objective also provides for the avoidance, remedy and mitigation of adverse environmental effects.
To recognise the national significance of the electricity transmission network by facilitating the operation, maintenance and upgrade of the existing transmission network and the establishment of new transmission resources to meet the needs of present and future generations while: •
•
Managing the adverse environmental effects of the network Managing the adverse effects of other activities on the network.
The recommended addition to the objective remains consistent with Objective 5 of the NPSET, to manage the adverse environmental effects of the network.
Overall Assessment: The recommended amendments to proposed Objective NTW.1.2.1 are considered to be consistent with the purpose of the Act and the objective of the NPSET. The objective allows for the sustainable, secure and efficient operation and development of electricity infrastructure, while providing for the social and economic wellbeing of the Whangarei communities. Overall the recommended Objective NTW.1.2.1 is considered to be appropriate. 183. NTW.1.2.3 Objective (Electricity Distribution Network): To recognise the importance of the Electricity Distribution Network, to the District’s social and economic wellbeing. The objective was intended to deal with a single matter to ensure that the Electricity Distribution Network was also considered within the District Plan.
Section 32 evaluation at time of 56 | P a g e
notification confirmed appropriateness of the proposed objective. The recommended definition of Electricity Infrastructure adequately includes Electricity Distribution, further more recommended Objective NTW.1.2.1 adequately provides for all Electricity Infrastructure.
Analysis of Policies and Methods - Costs and Benefits 184. Alternative options in terms of PC123A, and general costs and benefits of policies and methods proposed are discussed within the section 32 evaluation prior to notification these options have not changed and do not need reconsideration. Changes are recommended to several of the policies to generally improve interpretation.
Overall assessment of the consistency of the
recommended policies and methods with the NPSET: Policy 1 of the NPSET recognises the national benefits of sustainable, secure and efficient electricity transmission. Policy 1 states that decision-makers must recognise and provide for these benefits. It is considered that the recommended provisions of PC123A collectively give effect to Policy 1. Policies 2 – 9 of the NPSET manage the environmental effects of transmission. The recommended policies of PC123A are considered to be consistent with and give effect to Policies 2 – 5 and 9. Policy 6 of the NPSET seeks the reduction of existing adverse effects of transmission when substantial upgrades of transmission infrastructure are proposed. It is considered that this policy is largely directed to Transpower rather than District Council. Policies 7 and 8 of the NPSET require the minimisation of adverse effects on urban amenity, town centres, and areas of high recreational value and in rural environments that adverse environmental effects on outstanding natural landscapes, areas of high natural character, areas of high recreational value and amenity, and existing sensitive environments should be avoided. As a topic based, policy based plan, the Operative District Plan has district wide objectives and policies that address the matters listed in Policies 7 and 8. The district plan rolling review will comprehensively review the appropriateness of such objectives and policies. It is therefore considered not appropriate to include policies regarding these matters in this PC123A. Policies 10 and 11 of the NPSET address the management of adverse effects of third parties on the transmission network. The recommended policies of PC123A are considered to be consistent with and give effect to Policies 10 and 11. Considerable changes to the notified methods have been recommended, it is considered that these changes will be consistent with Policies 10 and 11 while providing a more balanced process for affected land owners. Policy 12 of the NPSET requires territorial authorities to identify the electricity transmission network on the planning maps. The transmission network is already identified on the Operative District Plan maps, it is recommended that these lines be differentiated by voltage on the planning maps to improve workability for district plan users. Policies 13 and 14 of the NPSET require the recognition of long-term strategic planning for transmission assets. The Operative District Plan has adequate provision for designations in accordance with Policy 13. Policy 14 applies to Regional Councils only. 185. On balance it is considered that the recommended policies and methods are consistent with the policy direction of the NPSET, and will sufficiently implement the NESETA. 186. The question of non-regulatory methods and why the Council did not include non-regulatory methods in PC123A have been raised by several submitters.
As previously discussed the
Council has a requirement to ‘manage’ activities to avoid reverse sensitivity effects according to Policy 10 of the NPSET. It is difficult for Council to effectively manage and measure ‘non-regulatory methods’ to be able to confirm the effectiveness of the District Plan. This considerably increased monitoring costs for the Council. Therefore it is concluded that it is more efficient and effective to have regulatory methods to implement Policy 10 of the NPSET. Acknowledging that regulatory methods will 57 | P a g e
increase potential compliance costs for affected landowners, recommended methods have been focused and reduced from those notified in the aim to limit the compliance costs to landowners. 187. Significant thought has been given to the concerns raised by submitters in terms of the ability to negotiate directly with Transpower, and that as notified PC123A results in the duplication of approval processes. To resolve this concern the recommended methods include a permitted activity provision with a catch all clause that provides for permitted activities where, written notification has been obtained and provided to Council to certify that the proposed activity will occur in accordance with NZECP 34:2001. This clause enables land owners to continue to communicate with Transpower and ensure compliance with NZECP, and provides a Council record of compliance that is able to be monitored. This approach is consistent with provisions in the Operative District Plan, Natural Hazard rules 56.2.3 and 56.2.4.
6.
Conclusions and Recommendations
188. After carefully considering the arguments raised in relation to each topic, it is recommended that Plan Change 123A be amended to the extent detailed in the preceding sections of this report and illustrated in Attachment 4. It is further recommended that those submissions and further submissions that request the recommended changes be accepted in whole or in part, and that all other submissions be rejected.
Melissa McGrath Senior Policy Planner WHANGAREI DISTRICT COUNCIL
11 October 2012
58 | P a g e