31 May 2016 File Ref: 09-05-005\12 Doc No: RDC-634899 Dear Sir/Madam I refer to the questions provided to Council officers recently and advise that these have been processed as a request for information under the Local Government Official Information and Meetings Act (LGOIMA). The questions and corresponding answers are provided below: Q1. Industrial Zone Noise Performance Standard 7.6.6 – how did it change from the notified PDP

version through to the Decisions? Did Fonterra’s submission (182) relate only to its site or to the Industrial zone generally?

A1. There were four original submissions and a number of further submissions to the PDP on the Industrial Noise Performance Standard. The four original submissions were made by Contact Energy, Fonterra, Rotorua District Council and Toi Te Ora Public Health.

Contact Energy submitted that the Industrial Noise Performance Standard was too restrictive

and sought the measurement of noise at the notional boundary, the approach taken by most

district plans in New Zealand. Fonterra sought a site specific approach to noise for its Reporoa

Dairy factory. Council and Toi Te Ora Public Health sought the inclusion of reference to the New

Zealand Standard NZS6803:1999 for Construction Noise. Copies of the four submissions are

included in Attachment 1.

As a result of the submissions and further submissions on the Industrial Noise Rule, the Council’s

Hearings Committee made the following changes to the notified version of the Industrial Noise

Performance Standard:

6. Noise

The noise limits shall be as follows

a. Noise from any activity shall not exceed the following limits:

Daytime 7am to 10pm, any day except public holidays

75 LAeq

Night-time At all other times 70 LAeq and 80 LAmax

2

b. Noise from any activity shall not exceed the noise levels specified for the adjoining zone when

measured at the notional boundary or within the receiving site. Activities located within the

Reporoa Dairy factory Manufacturing site(Planning Map 395) shall not exceed 45DBA LAeq

when measured at the 45DB LAeq noise control boundary as shown on Planning Map 395 and

546.

c. The following activities are exempt from the above noise restrictions:

i. Construction noise (NZS6803:1999 will be used for the assessment of construction noise)

ii. Temporary military training iii Helicopters iv Back up generators v Emergency Services

As a result of Environment Court determination of appeals on Council’s decision on the Industrial Noise Performance Standard, the following is the final version of the Standard:

6. Noise a. Noise from any activity shall not exceed the following limits:

Daytime 7am to 10pm, any day except public holidays

75 LAeq

Night-time At all other times 70 LAeq and 80 LAmax

b. Noise from any activity shall not exceed the noise levels specified for the adjoining zone when

measured at the notional boundary or within the receiving site. Activities located within the Reporoa Dairy factory Manufacturing Site (Planning Map 395) shall not exceed 45DBA dB LAeq when measured at the 45DB dB LAeq noise control boundary as shown on Planning Map 395 and 546 except that where the noise control boundary is located within land in common ownership with the Reporoa Dairy Manufacturing Site noise shall be measured at the boundary with land not in common ownership with the Reporoa Dairy Manufacturing Site.

c. Noise within the block bounded by Fairy Springs Road, Victory Road, Russell Road and

Salisbury Road, shall not exceed the noise limited specified for the residential zones at the boundary of a household unit.

d. The following activities are exempt from the above noise restrictions:

i. Construction noise (NZS6803:1999 will be used for the assessment of construction noise)

ii. Temporary military training iii Helicopters iv Back up generators v Emergency Services

Q2. Noise performance standard – What happens when the site doesn’t adjoin the Residential zone –

standard mentions “adjoining zone” – in the case of an industrial activity that is surrounded by industrial zoning, what is the adjoining zone? What is the receiving site?

A2. Compliance with the PDP’s Industrial Noise Performance Standard is assessed where the zone

changes from the Industrial Zone to a different zone.

3

The receiving site is the term used in acoustic engineering and planning to describe the site which receives noise emissions from a source outside of the site.

Q3. How did Lumbercube become a section 274 party? Who was served copies of the notices of

relevant Appeal and the 274 notice? A3. Lumbercube was not an original or further submitter on the PDP. However, Lumbercube lodged

a notice, as it could do under section 274 of the Resource Management Act 1991 (‘RMA’), to join the appeal of Owhatiura South 5 Incorporation (‘Owhatiura’) on the basis that its interest in the appeal was greater than that of the general public. Lumbercube’s notice was accepted by Judge Smith of the Environment Court on that basis. A copy of Lumbercube’s s274 notice is attached (Attachment 2). The Owhatiura notice of appeal was served by Owhatiura, as required under the RMA, on those persons listed in Attachment D of the notice of appeal. The Resource Management (Forms, Fees, And Procedure) Regulations 2003 identify those persons who must be served a copy of the notice of appeal (that is, those persons included in Attachment D) which are: Council and every person who made a submission on the PDP provisions to which the appeal relates. A full copy of the notice of appeal is also attached. The Owhatiura appeal, and the subsequent consent order issued by the Court settling the appeal, did not make any changes to the Industrial Noise Performance Standard. The Owhatiura appeal was settled by a consent order issued by the Court which changed part of the zoning of Owhatiura land as well as policies in the Industrial Zone regarding landscaping, acoustic fencing, setbacks and improved pedestrian / cycle access between zones.

Q4. Report titled ‘Ngapuna Towards a Better Residential Environment’ dated January 1991 – referred

to in the Operative District Plan. What happened to this document? A4. The Report referred to was a non-statutory, and now historical, explanation of the pending

transition between the outgoing Town and Country Planning Act 1977 and the incoming RMA. The RMA commenced on 1 October 1991, some eight months after the Report.

Q5. Date of receipt of existing use application and date of decision. A5. The application for existing use was received on 24 September 2014 and issued on 20 November

2014. Lumbercube ceased operating under Existing Use Certificate 15062 on 12 February 2016.

Under LGOIMA we are obliged to advise that you may contact the Ombudsman at the address below if you have any concerns with the response provided by Council, by writing to: The Office of the Ombudsman PO Box 10 152 WELLINGTON 6143

4 Alternatively, you may email to: complaint@ombudsman.parliament.nz Yours faithfully Jean-Paul Gaston Group Manager, Strategy and Partnerships Attachment 1 Fonterra submission Amend Rule 7.6.6 as follows: 'c.iv. The Reporoa Dairy Manufacturing Site. d. Any Activity at the Reporoa Dairy Manufacturing Site (located on State Highway 5 and zoned as Industrial 2 (or 1 if the requested zone change is not approved) on Planning Maps 395 and 546) is permitted if noise from the site (other than construction activities) does not exceed 45 dB LAeg measured at the 45 dB LAeg Noise Contour (shown on Planning Maps 395 and 546). This rule does not apply to that part of the 45 dB LAeg Noise Contour located within any land owned by Fonterra. It is requested that Council formally recognises the existing use rights noise environment of the Reporoa Dairy Manufacturing Site in the noise rules in the District Plan. Contact Energy The noise rule is unnecessarily restrictive. In the rural environment noise limits are typically required to be achieved at the notional boundary. Amend Section 7.6.6 b to require noise to be measured at the notional boundary. Retain the exemption provided for construction noise. Rotorua District Council Include in 7.6.6 noise standards for construction as per Marshall Day report. Toi Te Ora Public Health That Council include construction noise exposure limits district wide and require noise from any site within any zone to be permitted provided the noise limits for the timeframes stated set out in Table 2 of New Zealand Standard 6803:1999 Acoustics Construction Noise are not exceeded district wide, including for the duration of any construction. The proposed plan does not appear to provide for noise limits and timeframes for construction noise throughout the district. It is recommended that the noise limits for the timeframes stated set out in Table 2 of New Zealand Standard 6803:1999 Acoustics - Construction Noise are not exceeded district wide. Review and address concerns raised. Attachment 2 s274 notice lodged by Lumbercube

5

6

7

8

9

10