BEFORE THE ENVIRONMENT COURT

I MUA I TE KOOTI TAIAO 0 AOTEAROA

IN THE MATTER

AND

BETWEEN

AND

Decision No. [2019] NZEnvC 50

of the Resource Management Act 1991

of an appeal under cI 14 of the First Schedule to the Act

PALMERSTON NORTH AIRPORT LIMITED

(ENV-2016-WLG-000049)

Appellant

PALMERSTON NORTH CITY COUNCIL

Respondent

Court: Environment Judge B P Dwyer sitting alone under s 279 of the Act

Hearing: in Chambers at Wellington

Date of Decision: '1'2. March 2019

Date of Issue: ')...1 March 2019

DECISION OF THE ENVIRONMENT COURT ON AN APPLICATION

UNDER SECTION 293 RMA

A: Application granted

REASONS

Introduction

[1] The Court issued consent orders resolving parts of this appeal on

26 October 2017 and 21 February 2018. The second consent order concerned the

2

remaining issue concerned rules in the North East Industrial Zone (NEIZ) and

Industrial Zone (IZ) to which the REPA overlay also applies.

Background

[2] Palmerston North City Council (PNCC) noted that Plan Change 15H

(PC 15H), as notified, did not propose REPA land use controls within the NEIZ or IZ

areas underlying the REPA. The absence of REPA rules for the NEIZ and IZ was

not raised by submitters nor addressed by Commissioners on decisions on PC

15H1. The appeal seeks to bring REPA land use controls down over the NEIZ and

IZ portions.

[3] Palmerston North Airport Ltd (PNAL), PNCC and two s 274 parties to the

appeal, Commbuild Property Ltd (Comrnbuild) and David & Robyn Adam, agreed

between themselves that it was appropriate for the rule agreed in the consent orders

to apply to the NEIZ and IZ areas. Two other sets of s 274 parties, W M Kelly & D H

Simpson and P J & K J Learmonth, had an interest in the REPA provisions. Those

parties signed a consent memorandum indicating that their interests in the appeal

were resolved by the consent order making changes to REPA provisions in the

Airport Zone, Rural Zone and Network Utilities Chapter. The final s 274 party to the

appeal, Powerco Ltd (Powerco), maintained an interest in the appeal as it relates to

REPA provisions in NEIZ and IZ.

[4] PNCC proposed the following s 293 process to deal with the issue:

• PNCC to prepare a document showing the proposed provisions;

• PNCC to serve the document on the presently interested parties

(PNAL, Comrnbuild and IVIr and Mrs Adam);

• PNCC to serve the document on 7 EI Prado Drive Ltd and Brian Green

Properties (Palmerston North) Ltd (BGPL) (persons PNCC had

identified as affected land owners);

• Following any s 274 notice (if that is the approved mechanism) an

opportunity to discuss or a hearing to be set down.

[5] PNAL lodged a memorandum in support of PNCC's s 293 proposal2. It

supported the Council's request and provided further background information.

I issued a minute on 27 October 2017 noting that I expected there to be a

Council memorandum of 3 October 2017. PNAL memorandum of 6 October 2017.

3

more rigorous identification of potentially affected parties than had been undertaken

to that point.

[7J PNAL and PNCC lodged a joint memorandum on 17 April 2018. They

submitted that the following owners and occupiers were the only potentially affected

parties:

• Commbuild Nominees Ltd/ Commbuild (PNCC noted that Commbuild is

a party to the appeal and represents Commbuild Nominees Ltd in these

proceedings);

• Brian Green Properties (Palmerston North) Ltd;

• Palmerston North City Council (as owner of a stormwater reserve);

• 7 EI Prado Drive Ltd;

• PMB Landco Ltd.

[8J The Court issued another minute on 19 April 2018 directing:

(1) That the Council prepared changes to the District Plan in the form of

rules in the IZ and NEIZ chapters that cross-refer to and apply the

primary (Airport Zone) REPA rule;

(2) That the Council consulted with the affected parties (listed in paragraph

[7] above);

(3) That the Council then submitted the changes to the Court for

confirmation, with a report as to:

• details regarding the steps taken to bring this proceeding to the

attention of the identified persons;

• the outcomes of the consultation process;

• any proposed next steps.

[9] The Council lodged a report on 18 July 2018 reporting that conSUltation had

occurred with the potentially affected parties and that changes to the REPA

provisions had been prepared.

Consideration

[10J Section 293 RMA provides:

293 Environment Court may order change to proposed policy statements and

plans

(1) After hearing an appeal against, or an inquiry into, the provisions of any

proposed policy statement or plan that is before the Environment Court, the

4

Court may direct the local authority to-

(a) prepare changes to the proposed policy statement or plan to address

any matters identified by the Court:

(b) consult the parties and other persons that the Court directs about the

changes:

(c) submit the changes to the Court for confirmation.

(2) The Court-

(a) must state its reasons for giving a direction under sUbsection (1); and

(b) may give directions under sUbsection 1 relating to a matter that it directs

to be addressed.

Has there been a hearing?

[11] PI\lAL noted in its memorandum of 6 October 2017 that s 293 is available

only when there has been a "hearing" of an appeal, that the appeal was largely

settled through Court-assisted mediation and that there had not been any "formal

appeal hearing". PNAL submitted that case law3 indicated that a formal appeal

hearing is not a necessary precursor to the use of s 293.

[12] The term hearing is not defined in RMA. The formal appeal hearing referred

to by PNAL presumably describes the common situation where parties appear in

person before the Court, presenting submissions and/or evidence. However that is

not the only form of hearing which the Environment Court undertakes.

[13] I consider that what is necessary for there to have been a hearing is for the

Court to have received and considered representations, submissions and/or

evidence in such a form and commensurate with the significance of the issue before

it, to enable the Court to reach a conclusion on any given matter. Section

269(1 )RMA provides that the Court .. , "may regulate its own proceedings in such

manner as it sees fit" and s276 (1 )(a) provides that the Court may

receive ... "anything in evidence that it considers appropriate to receive". The Court

routinely considers matters of considerable significance such as interim enforcement

orders and costs applications "on the papers" without the personal attendance of

parties before it. Having regard to all of those matters, I am satisfied that

consideration of the matters described in paras [2] - [7] (above) constituted a

of the appeal enabling the Court to undertake the process described in

Federated Farmers of NZ Inc v Otago Regional Council Decision C040101; Findlay v Waipa t Council [2017] NZEnvC 96.

5

s293(1 ).

Consultation

[14] The interests of s 274 parties to the appeal are described in para [2] (above).

Commbuild consents to the amended zone provisions and signed the report dated

18 July 2018 (updated 24 July 2018 to include Chapter 12A provisions which had

been accidentally omitted) to signal its consent. Powerco and PNCC signed a

memorandum dated 24 July 2018 advising that Powerco does not oppose PNCC's

request for orders under s 293 on the basis of PNCC's proposed provisions.

[15] The further parties that Council consulted are listed in para [6] above.

[16] PNCC met with representatives of BGPL and PMB Landco Ltd in a joint

meeting. As a consequence of discussions and further written correspondence,

both BGPL and PMB Landco Ltd have confirmed through their agent that they

approve of the changes as proposed in the material circulated for consultation.

[17] A planning officer from PNCC met with a representative of 7 EI Prado Drive

Ltd, followed by a meeting with counsel and an exchange of correspondence.

PNCC provided a copy of correspondence confirming acceptance by 7 EI Prado

Drive Ltd of the provisions on the basis that the explanation to the rule is amended

to reflect the corresponding amendments made to the Il version of the rule.

[18] PNCC (as landowner) consents to the REPA provisions.

[19] The Court issued a further minute on 11 December 2018 as it appeared that

some parties may have been consulted prior to the PNCC accepting further changes

to the NEil and Il zones. The Court directed PNCC to advise whether BGPL and

PMB Landco Ltd had been made aware of the amendments referred to in

paragraphs [6] and [12] of the 18 July 2018 report and whether they approved those

amendments.

[20J PNCC, BGPL and PMB Landco Ltd provided a joint memorandum dated 19

February 2019 addressing the minute. BGPL and PMB Landco Ltd did not oppose

the amendments in Appendix D to the 24 July 2018 memorandum (updating the 18

July 2018 report).

I am satisfied that consultation has been adequate in the context of the

nges made. The Court gave directions for further identification of affected

6

parties and consultation and all affected parties have approved the extension of

REPA rules to the NEIZ and IZ zones to the Palmerston North City District Plan.

Reasons for s 293 direction

[22] While discussing REPA provisions to apply to the Airport Zone, Rural Zone

and Network Utilities Chapter, PNAL, PNCC, Commbuild and David & Robyn Adam

agreed that it was appropriate that REPA provisions applied to the NEIZ and IZ as

well. The parties raised this possibility with the Court. After clarifying and amending

wording to apply to those zones (at the Court's direction) the Court approved the

wording for those three zones and directed PNCC to prepare changes for the NEIZ

and IZ.

[23] Controls for REPA are clearly a topic addressed by the Plan Change. PNCC

noted that REPA controls in NEIZ and IZ would rely on the same technical and

planning assessment under s 32 as was advanced for PC15.

[24] I am satisfied that the situation where the REPA rules would apply in some

zones covered by the REPA overlay and not others (more particularly the NEIZ and

IZ) is almost certainly the result of error or omission and so obviously unsatisfactory

as to constitute a defect of the kind whose remedy is contemplated by s292 in the

case of operative plans. I am also satisfied that the consultation process directed by

the Court has allowed adequate consideration of the position of parties potentially

affected by the changes now proposed pursuant to s293.

[25] Having regard to all of these matters I determine that it is appropriate for the

Court to confirm the changes made.

Order

[26]

B P Dwyer

Environment Judge

t at the Palmerston North City District Plan be amended as

tta hed.

Appendix A

I

INDUSTRIAL ZONE

"LJ-...,q.~-v .l:KZ Palmerston North City Council District Plan I SECTION 121 INDUSTRIAL ZONE 1

12. INDUSTRIAL ZONE

12.1

Palmerston North City accommodates a wide range of industries. These have largely established within the Palmerston North urban area around the North Island Main Trunk Railway line (NIMTR) and also in a number of small pockets adjacent to the central business area and along the river, for example Joseph and Church Streets, and Roxburgh Crescent.

Established industry outside the Palmerston North urban area has largely developed in Ashhurst, for example Mulgrave and Custom Streets, or, in a small number of cases within the rural area. These industries have generally evolved in response to local demands, for example service stations or workshops servicing local communities, or are the product of larger urban industrial areas being unsuited to the accommodation of such industries, in particular those industries with an odour component.

A range of non-industrial activities have traditionally been allowed within the city's industrial areas. These include a range of semi-industrial hardware and building supply retailers, community and leisure facilities, and convenience and support services for industrial area workers such as lunch bars and creches. A small number of residential activities are also located within this area. Industry has a vital role in the economic well-being of communities.

Since 2000 there has been a general decline in manufacturing employment in Palmerston North, which has been off-set by employment growth in the logistics and supply chain sector, including wholesale trade, transport, postal, warehousing and non-store retailing. Employment growth in the industrial sector has been concentrated in Milson and Kelvin Grove, reflecting the expansion and development of new distribution centres in the North East Industrial Zone and Kelvin Grove.

Industry is only likely to develop and remain within the city when a favourable economic climate prevails. Adequate land and infrastructure also needs to exist for the establishment and development ofthat industry. Both established and developing industrial areas and their supporting infrastructure therefore represent a significant community resource in terms of the investment in industrial land, buildings and infrastructure, and the actual and potential economic and social benefits that could result from this investment.

The primary function of the Industrial Zone is to recognise established and developing industrial areas within the city and to enable these areas to be utilised for a wide range of industrial activities. Additionally the city's Industrial Zone has a subsidiary function in providing for supplementary activities essential to the operation of industry (for example industrial services and convenience shops for workers) and other non-industrial activities, such as community and leisure facilities and semi-industrial retailers, including building suppliers and home renovation firms, which cannot be as readily accommodated, for economic and operational reasons, within other zones.

Given the proximity of a large portion of the industrial area to residential areas, and an extensive interface between these areas, it will be necessary to control the effects of industrial land use and development to ensure that an appropriate level of amenity protection is afforded to adjacent residential areas.

In 2008, the Napier Road Industrial Precinct (as shown on Structure Plan 12.1) and the Midhurst Street Industrial Areas (as shown in Structure Plan 7.4) were specifically developed to meet the demand for small to medium sized industrial sites in the City (also refer to the Subdivision Section). Development within the Napier Road Industrial Precinct and the Midhurst Street Industrial Area is managed by reference to Structure Plan 12.1 and 7.2 to achieve the desired environmental results and the integrated provision of infrastructure.

ity Council District Plan I SECTION 12 I INDUSTRIAL ZONE

and growth needs of Fonterra. It is envisaged that the Braeburn Industrial Area will remain in the single ownership of Fonterra and is not for the purpose of meeting the wider industrial land needs of the City. In this regard, subdivision has been made a non-complying activity. Planning provisions have been developed to provide for a narrowed range of activities for area. The use of a comprehensive development plan seeks to ensure comprehensive and coordinated site planning of the Braeburn Industrial Area is considered before development is approved. The restricted discretionary classification of development recognises the greenfields nature of the area and the importance of ensuring planning for services is considered at the earliest stage of development. Infrastructure provision is to be privately provided and maintained and will be to a standard that meets the operational requirements of the dairy related industrial activities.

NOTE TO PLAN USERS

This part of the Plan should be read in conjunction with Section 14 Hazardous Substances.

12.2

The following resource management issues have been identified in the Industrial Zone:

1. The need to enable a wide and diverse range of industrial activities, and recognise the changing needs of industry.

2. The effects, including cumulative effects, of Industrial Zone retail and office development on the established physical resources in industrial areas and the viability of the City's business areas.

3. The inefficient use and development of the physical resources in the Industrial Zone by non-industrial activities.

4. The impact of activities and new building development on the character and amenity of the Industrial Zone and adjoining residential, rural and recreation areas and arterial roads.

5. Reverse sensitivity issues associated with noise sensitive activities such as residential dwellings and offices establishing within industrial areas.

6. The need for safe, accessible and convenient access to industrial sites and activities while maintaining a safe and efficient roading network.

7. The need for new developments within the Industrial Zone to be in general accordance with any relevant structure plan or comprehensive development plan to ensure achievement of the desired environmental results and the integrated provision of infrastructure.

8. The potential for aircraft to undershoot or overshoot the Palmerston North Airport runway.

--------------Explanation

As described in the Introductory section, the Industriol Zone within Palmers ton North accommodates a wide range of industrial and non-industrial activities. Recent industrial trends in Palmers ton North suggest a declining manufacturing sector and growing logistics and supply chain sector. The controls around development within the City's industrial areas need to enable and provide for these growth trends while managing associated environmental effects.

It Is important that the City's industrial areas are able to accommodate a wide and diverse range of Industrial activities. Enabling a broad range of activities promotes the efficient use of physicol resources that flows from the co-location of complementary activities. This approach also provides flexibility for the market to respond to an increasingly dynamic and glabalised market place.

The development and expansion of activities within the City's 'Industrial Zone' raises several issues which require attention within this plan.

s of retail and office development not associated with industrial activities have been identified as an issue If no controls are put in place, the lower cost of industrial land, and its visibility from

ads, is likely to encourage the unplanned dispersal of retailing and office activities into the industrial area.

two concerns. Firstly, it would quickly lead to the inefficient use and further development of the

Palmerston North City Council District Plan I SECTION 121 INDUSTRIAL ZONE 3

physical resources, particularly buildings and infrastructure which have already been developed within the business areas to meet the needs of business activities. Secondly, it would displace industrial activities which would then have to try to establish in areas, such as the rural area, where their potential adverse environmental effects would be much harder to control. Cumulative effects of office and retail development within the Industrial Zone arise when successive consents over time are applied for and granted within the Industrial Zone.

Additionally, retail and office dispersal into the industrial area is likely to bring with it demands for higher amenity standards, particularly with regard to provision for pedestrians and parking. This would lead to an inefficient allocation of resources into these areas, as these facilities already exist within the business areas and would once again contribute to displacing industries the activities of which created adverse effects on the new "higher quality" amenities.

Many of the City's industrial areas are in close proximity to established and developing residential areas. These areas are particularly sensitive to a range of effects commonly associated with industrial activity Including the effects of building height, form and design, and the effects of activities such as noise, light, hours of operation and traffic generation. Hence it is necessary that activity effects are addressed when providing for these activities and in assessing those activities which require a consent by the Plan.

Poor visual amenity within the City's industrial areas is seen as an issue, given that It affects the quality of environment for workers, within these areas, and neighbours and the appearance of these areas for those who pass through them. The management of adverse amenity effects is particularly important on those sites with frontage to the City's arterial road network. Because these roads serve as the main entry points for Inter-Regional traffic, and accommodate the highest traffic volumes, they are critically important to the City. Managing the effects of new buildings, alterations to buildings, and Industrial activities, particularly on visual amenity, through controls on bulk, setback, landscaping and access is important for these roads.

Other non-Industrial activities such as residential activities also have the potential to affect the operation and viability of the City's industrial areas because of potential reverse sensitivity effects. This Is therefore raised as an issue. While the provision for residential accommodation within industrial areas provides for "start-up" premises for smaller industrial businesses, residential activities can displace industrial activities and create reverse sensitivity effects. The provision of residential accommodation within the City's Industrial areas therefore needs to be carefully managed and assessed on a case-by-case basis.

The Napier Road Industrial Precinct, Midhurst Street Industrial Area and the Braeburn Industrial Area are located in close proximity to existing rural, residential and recreation areas. The Napier Road Industrial Precinct and Braeburn Industrial Area also directly faces Napier Road, and State Highway 56 respectively, two of the four main entrances into the City. Specific planning provisions, Including structure plans, and comprehensive development plans, have therefore been developed to manage the potential interface effects of industrial development in the Napier Road Industrial Precinct, and Midhurst Street Industrial Area and the Braeburn Industrial Area. Being Greenfield industrial areas, the respective structure plans and comprehensive development plan also ensure the integrated provision of infrastructure is provided at the earliest stage of development.

Nuisance effects such as dust ond odour can be an issue in the Industrial Zone. These effects can be caused by discharges from Industries In the Zone or by wind-blown dirt from unsealed yards. Every discharge to air from an industriol or trade premise requires a discharge permit from the Manawatu-Wanganui Regional Council unless the discharge is expressly provided for by Rule 14-12 of the One Plan. Compliance with the conditions of rules of this District Plan does not exempt any person from compliance with requirements in the One Plan.

12.3

OBJECTIVE 6

To minimise the risk to people and property from aircraft undershooting or overshooting the runway at the

Palmerston North Airport.

POLICIES

d any build ings or activities in the Runway End Protection Area wh ich resu lt in t he mass assembly

City Council District Plan I SECTION 12 I INDUSTRIAL ZONE

Palmerston North City Council District Plan May 2018

Explanation

The Runway End Protection Areas are where aviation accidents are most likely to occur. new buildings and activities involving the mass assembly of people reduces the risk of damage ta property and loss of life.

R12.8.4 ACTIVITIES IN THE RUNWAY END PROTECTION AREAS

The activities listed in R13.4.4 .3 are Non-Complying Act ivities in the Runway End Protection Areas

Explanation

Runway End Protection Areas (REPAs) are provided at the end of each runway strip. These areas are required to be free of obs tructions or activities which could interfere with aeronautical navigational aids. They are also areas in which statistically there are greater chances of aircraft related accidents. It is therefore desirable that the public's exposure to such risks be reduced by limiting the range of activities permitted in REPAs.

Palmerston North City Council District Plan I SECTION 12A I NORTH EAST INDUSTRIAL ZONE

Palmerston North City Council District Plan May 2018

I NORTH EAST INDUSTRIAL ZONE

DUSTRIAL ZONE I SECTION 12A I Palmerston North City Council District Plan

Palmerston North City Council District Plan May 2018

12A. NORTH EAST INDUSTRIAL ZONE

Specific market requirements for large industrial sites of 5ha and above, and sites which can be accessed on a 24 hour basis, are not readily available in the City's urban industrial area. With projected growth, particularly in the distribution and communication industries in the City, building on Palmerston North's strategic geographic location in the centre of the southern North Island, land is required to accommodate these activities, as well as growth in other types of industrial activity.

The North East Industrial Zone area was identified as the most suitable area in the City for industrial zoning following a detailed analysis of options. Its location and topography are well-suited to industrial development, services can be provided which will meet the needs of most industrial users, and it is unsuitable for alternative urban uses such as residential largely due to the proximity to the Palmerston North Airport. It can readily be accessed by road and rail, and proximity to the City's airport means that synergies with that mode of transport are also possible. At approximately 233 hectares, and allowing for internal roading and landscaping space, it is large enough to provide for the City's industrial expansion needs for the long-term.

As an industrial expansion area in a rural context, there is the opportunity to ensure high-quality and efficient layout and design of the area as a whole. Given the rural context, perimeter screening by appropriate planting will be essential. There are some residential activities within and adjacent to the Zone, and the effects of industrial activities on their amenity values will need to be taken into account in both the shorter and longer term. However, the Zone's separation from established Residential Zone areas means that the scale of potential adverse effects on City residents is much reduced due to this location.

The area of this Zone can be regarded as a "scarce resource" in city-wide terms because of its accessibility and relative distance from residential areas. For this reason the Zone's focus is on providing for industrial activities with non-industrial activities generally considered on a case by case basis through the resource consent process.

The North East Industrial Zone Extension Area is suitable to accommodate an extension to the industrial land available within the City where it's demonstrated the land can be accessed and receive network services through public corridors. There are servicing issues that are required to be addressed to ensure that any development of this surrounding land is undertaken in an efficient and effective manner, and for this reason specific assessments the North East Industrial Zone Extension Area have been created. These seek to ensure that while development is enabled, such development occurs in a manner that ensures servicing connectivity and hazard mitigation issues are addressed in an integrated way. Council requires assurance that this is efficient and effective and is achieved at the earliest stage of development consistent with the North East Industrial Zone Structure Plan. Subdivision and development on sites require resource consent to be obtained addressing these issues.

A number of additions have been made to the North East Industrial Zone over the last 10 years. The original North East Industrial Zone involved rezoning 95 hectares of rural land to industrial in 2004. The Scheduled North East Industrial Zone Sites provided an additional 12 hectares of land in 2010, and the North East Industrial Zone Extension introduced 126 hectares of land in 2015.

NorE TO PLAN USERS

This part of the Plan should be read in conjunction with other relevant parts including Section 6 General, Section 7 Subdivision, Section 14 Hazardous Substances, Section 20 Transportation and Section 22 Natural Hazards.

Palmerston North City Council District Plan I SECTION 12A I NORTH EAST INDUSTRIAL ZONE

Palmerston North City Council District Plan May 2018

The following resource management issues have been identified in the North East Industrial Zone:

1. The demand for larger industrial greenfield lots, for a range of activities, which are not available elsewhere in the City.

2. The opportunity to develop an attractive, efficient industrial area with high internal amenity values, and the ability to connect to road, rail and air transport services.

3. The effects of industrial activities and/or associated buildings on adjoining rural areas.

4. The need to allow for the continuation of residential and agricultural uses which are established in the area on a transitional basis, while mitigating effects on those activities.

5. The effects of industrial zone retail and office development on the established physical resources in industrial areas and the wider city.

6. The potential for inefficient use and development of the physical resources and associated infrastructure of the industrial area by non-industrial activities.

7. The need to address visual and other effects often associated with industrial areas.

8. The need to provide for the ongoing efficient operation of the airport by recognising height limits included in the Plan and protecting noise sensitive activities within the vicinity ofthe Palmerston North International Airport.

9. The need to manage storm water in the area in a sustainable manner.

10. The need for new developments within the North East Industrial Zone to be in accordance with any relevant structure plan to ensure achievement of the desired environmental outcomes and the integrated provision of infrastructu re at the earliest stage of development.

11. The risk of uncoordinated and sub-optimal urban form.

12. The need for connectivity between staged developments and adjacent industrial areas.

13. The need to ensure that appropriate mitigation measures are put in place to support industrial development in areas affected by natural hazards.

14. The need to minimise potential conflicts of use and development on the safe and efficient operation and maintenance of existing gas infrastructure within the NEIZ Extension Area.

15. The potential for ai rcraft to unders hoot or ove rshoot the Palmerston North Airport runway.

Explanation

The City's existing land bank of industrial land is Insufficient to meet medium or long term demands. It is short of opportunities to accommodate Industrial activities needing lots of over 5 hectares in size, and includes little land which can be accessed on a 24-hour basis. Rezoning the North East Industrial Zone area from rural to industrial provides opportunities to develop an attractive and modern industrial area suitable for a wide range of activities, including large-footprint industrial activities. Provision of land to meet these needs is a major issue for the City.

The expansion of the City's urban fabric through industrial use of the area included in this Zone raises several additional issues which require attention within this Plan.

The Zone will result in new uses near to existing activities established on the rural land to the north, east and west. There are some established residential activities in these areas and adverse effects on them must be avoided, remedied or mitigated. These include noise, visual and traffic effects.

Nuisance effects such as dust and odour can be an issue in industrial areas. These effects can be caused by discharges from industries in the Zone or by wind-blown dirt from unsealed yards. Every discharge to air from an Industrial or trade premise

a discharge permit from the Manawatu-Wanganui Regional Council unless the discharge is expressly provided for by a of the One Plan. Compliance with the conditions of rules of this District Plan does not exempt any person from

requirements in the One Plan.

East Industrial Zone is expected to provide sufficient land supply for large floor plate industrial activities over the i~"n"rt<'rI that some existing land uses may continue for several years from the date of rezoning. While industrial

tible with rural and recreational where there are exis in the area these

ZONE I SECTION 12A I Palmerston North City Council District Plan

Palmerston North City Council District Plan May 2018

need a level of protection from the adverse effects of industrial uses nearby.

The effects of commercial development not associated with industrial activities have been identified as an issue throughout the City's industrial areas for a number of reasons. If no controls are put in place, industrial land is likely to attract retailing, office and other commercial activities. This raises two concerns in general terms. Firstly, it would quickly lead to the inefficient use and further development of the physical resources, particularly buildings and infrastructure which have already been developed within the business areas to meet the needs of business activities. Secondly, it would displace industrial activities which would then have to try to find other areas in which to establish.

Other non-industrial activities, i.e. resIdential activities, also have the potential to affect the operation and viability of the City's industrial areas by using industrial land and due to the potential reverse sensitivity effects. Controlling the expansion of such activities in the "scarce resource" area of the North East Industrial Zone is also an issue in terms of the City's efficient development, and its ability to provide for industrial growth.

People have an expectation that future industrial areas will be developed on the same basis as those of the past. This expectation results in a negative expectation for the development of the area.

The area has constraints to development relating to airport noise requirements and height limits relating to the airport. These must be taken into account when planning the industrial use of the area. There are also constraints relating to the capability to manage wastewater from the area, and the need to sustainably manage storm water within the Zone and downstream.

Greenfield development is best managed by ensuring the provision of services, access and connectivity is achieved at the earliest stage of development. Subdivision and the use of structure plans ensure comprehensive and integrated development occurs and that issues relating to infrastructure and natural hazards are effectively and efficiently managed early in the development process.

OBJECTIVE 8

To minimise the risk to people and property from aircraft undershooting or overshooting the runway at the

Palmerston North Airport.

POLICIES

8.1 To avoid any bu ildings or act ivities in the Runway End Protection Area which result in the mass assem bly of people.

Explanation ----- =:J The Runway End Protection Areas are where aviation accidents are most likely to occur. new buildings and activities Involving the mass assembly of people reduces the risk of damage to property and loss of life.

R12A.8.S ACTIVITIES IN THE RUNWAY END PROTECTION AREAS

The activities listed in R13.4.4.3 are Non-Complying Activi ties in the Runway End Protection Areas

Explanation

Runway End Protection Areas (REPAs) are provided at the end of each runway strip. These areas are required to be free of obstructions or activities which could inter/ere with aeronautical navigational aids. They are also areas In which statistically there are greater chances of aircraft related aCCidents. It is there desirable that the public's exposure to such risks be reduced by limiting the range of activities permitted in REPAs.

Palmerston North City Council District Plan I SECTION 12A I NORTH EAST I NDUSTRIAL ZONE

Palmerston North City Council District Plan May 2018

USTRIAL ZONE I SECTION 12A I Palmerston North City Council District Plan