Simpson Grierson 15 August 2012 The Chief Executive Tauranga City Council PrivateBag 12022 TAURANGA 3143 lriilsyi^liv^/lsli=i) 1 U *-iuo twit Partner Reference H J Ash - Auckland Writer's Details Direct Dial: +64-9-977 5144 Email: tim.fischer@simpsongrierson.com For: Campbell Larking T-A I tn AOjir* A o>tv f^f-\i t\tr^h New Zeaiand Railways Corporation v Tauranga City Council: ENV-2011-AKL-00072 1. Please find enclosed a copy of the consent order issued by the Court for the above appeal. 2. We are sending the consent order by post because it is too large to scan and send electronically. 3. Please contact the writer if you have any questions. Yours faithfully SIMPSON GRIERSON Tim Fischer Senior Associate 22582597_1.DOCX AUCKLAND: Lumiey Centre, 88 Shortland Street, Private Bag 92518, Auckland 1141, New Zealand. T +64 9 358 2222 WELLINGTON: HSBC Tower, 195 Lambton Quay, PO Box 2402, Wellington 6140, New Zealand. T +64 4 499 4599 CHRISTCHURCH: 28 Hereford Street, PO Box 874, Christchurch 8140, New Zealand. T +64 3 365 9914 www.sim^
IN THE IVIATTER of the Resource IVIanagement Act 1991 AND IN THE IVIATTER BETWEEN of an appeal uncier clause 14 of Schedule 1 to the Act NEW ZEALAND RAILWAYS CORPORATION (TRADING AS KIWI RAIL) (ENV-2011-AKL-00072) Appellant AND TAURANGA CITY COUNCIL Respondent BEFORE THE ENVIRONMENT COURT Environment Judge J A Smith, sitting alone under section 279 of the Act IN CHAIVIBERS at Auckland CONSENT ORDER hitroduction 1. This appeal sought changes to the proposed Tauranga City Plan to mitigate reverse sensitivity effects on the rail network (in particular the East Coast Ma n TrLink Line and the Mount Maunganui Branch Line within Tauranga City). Tho parties have now reached an agreement, and agree to resolve the appeal by consent. The Court has read and considered the appeal and the memorandum of the parlies dated 28 June 2012. / Page i
3. New Zealand Transport Agency has given notice of an intention to become party to the appeal under section 274 of the Act and has signed the memorandum setting out the relief sought. 4. No other party has given notice of an intention to become a party under section 274 of the Act. 5. The Court is making this order under section 279(1 )(b) of the Act, such order being by consent, rather than representing a decision or determination on the men's pursuant to section 279. The Court understands for present purposes that: (a) All parties to the proceedings have executed the memorandum requesting this order: (b) All parties are satisfied that all matters proposed for the Courts endorsement fall within the Courts jurisdiction, and conform to relevant requirements and objectives of the Resource Management Act, including in particular Part 2. 6. Therefore, the Court orders, by consent, that the proposed Tauranga City Pian s amended: (a) As set out in Appendix A (with additions shown in underlining and deletions shown in strikothrough): By amending the Planning Maps Key (sheet 1 of 2) and Planning Macs V~i 'Ipy'-'-^.- ]' -j R4, R6, R9, R12, R13, R14, R16, R17, R19, R20, R22, R23. R25, R2'i \%;U.>^^':,'/.v7 \^v,' -.-' V Page ;
R28, R30, R34, R35, R36, R37, R38, R45, R46, R47, R57, R58 R70 and R71 to show the KiwiRail Reverse Sensitivity Plan Area in accordance with the documents attached to this consent order as Appendix B: and (c) By making any consequential changes to numbering as a result of the amendments above 7. The appeal is otherwise dismissed. 8. There shall be no order as to costs. DATED at Auckland this ^ dayof O o^^ ^012 J A Smith Etivironment Judge v., ^{:i:'-i. Page ;
APPENDIX A (a) That Chapter 3 - Definitions be amended as follov^^s: plan area Means an area of the Plan where special rules apply based on the particular resource management issues associated with a defined geographic area. These Plan Areas are identified in the key of Part B (Plan Maps), and include the: Coastal Hazard Erosion Plan Area and Coastal Protection Plan Area; High Voltage Transmission Plan Area; Scheduled Sites; Commercial Plan Areas; High Rise Plan Area; Medium Rise Plan Area; o Flood Hazard Plan Area; Special Ecological Areas; Outstanding and Important Landscape Areas; KiwiRail Reverse Sensitivitv Plan Area; noise sensitive activities Means buildinqs or parts of buildinqs used for, or intended to be used for the followinq purposes: Residential activitv: Visitor accommodation; Schools and tertian/ education premises; Health centre. (b) That a new Permitted Activity Rule be inserted as follows: Rule 4E.2.6 - The Rail Network - Managing Reverse Sensitivitv Effects Note: Activities may also be subiect to other acoustic reguirements under other rules in Chapter 4. Section 4E - Noise. Note: The requirements of Clause G4 of the New Zealand Building Code will apply at the same time as to the requirements of Rule 4E.2.6- Manag/ng Reverse Sensitivitv Effects. a) For noise sensitive activities within the KiwiRail Reverse Sensitivity Plan Area shown on the Plan Maps (Part B): (i) Any new dwelling shall meet an internal rail traffic desiqn sound level of 40dBLAeqtih^ inside all habitable rooms except for bedrooms which shall achieve an internal rail traffic desiqn sound level of 35dBLABr ihj; (ii) All other noise sensitive activities shall meet an internal rail traffic desiqn sound level of 40dBLA^jnhj: _^,.,-"cc xi Qc >-<.^ (iii) Anv addition, extension or alteration to an existinq noise sensitive actiyitv which /Wx--..- '^''^<:^\ exceeds 10% of the existinq qross floor area shall be designed and constructed to achieve a maximum internal rail traffic desiqn sound level of 40dBLAggfih) inside all habitable rooms (except for bedrooms which shall achieve an internal rail traffic desiqn sound level of 35dBLaog(ih]), classrooms or consultancy rooms / ':! beinq added to. altered or extended; and %<:>^:^^ '_f...<^o}' For residential activities and visitor accommodation within the KiwiRail Reverse " '' JCi\'y'''\S.''-"^ Sensitivitv Plan Area an acoustics desiqn report from a suitably qualified and ~^""' experienced acoustics expert shall be provided to the Council demonstrating compliance
with Rule 4E.2.6(a) - The Rail Network - Manaqinq Reverse Sensitivitv Effects prior to the commencement of construction: c) For noise sensitive activities within the KiwiRail Reverse Sensitivity Plan Area that are designed and constructed in accordance with Rule 4E.2.6(a) - The Rail Network - Manaqinq Reverse Sensitivitv Effects: i) The windows of all habitable rooms shall be constructed with qiazinq that includes a laminated pane that is at least 6.4mm thick and covers the glazed area; and ii) Where the noise levels in Rule 4E.2.6(a) - The Rail Network - Managing Reverse Sensitivitv Effects cannot be met with ventilating windows open a ventilation svstem shall be installed in accordance with Rule 4E.2.6(d) - The Rail Network - Manaqinq Reverse Sensitivitv Effects. d) A ventilation system installed under Rule 4E.2.6(c)(ii} - The Rail Network - Manaqina Reverse Sensitivity Effects shall comply with one of the following: i) Consist of an air conditioning unit(s) provided that the noise level generated by the unitfs) must not exceed 40dBLABfi<gno_in the largest habitable room (excluding bedrooms) and GSriBLAgj^jn^in all other habitable rooms, when measured 1 metre away from any grille or diffuser; or ii) A system capable of providing at least 15 air chanqes per hour in the largest habitable room (excluding bedrooms) and at least 5 air changes per hour in all other habitable rooms; and iii) The noise level generated by the svstem must not exceed 40dBLA fi y)s]_in the largest habitable room (excluding bedrooms) and 35dBLApj(yK}_in all other habitable rooms, when measured 1 metre away from any grille or diffuser; and iv) The internal air pressure must be no more than 10 Pa above ambient air pressure due to the mechanical ventilation: and v) Where a high airflow rate setting is provided, the system must be controllable by the occupants to be able to alter the ventilation rate with at least three equal progressive stages up to the hiqh setting. (c) That 4E.3.1 Restricted Discretionary Activities - Matters of Discretion and Conditions be amended as follows;..'^^' /.- <.% '.^ 4E.3.1 Restricted Discretionary Activities - Matters of Discretion and Conditions The Council restricts the exercise of its discretion to the following matters; g) In considering activities that do not comply with Rule 4E.2.6 - The Rail Network - Manaqinq Reverse Sensitivity Effects: (i) The matters in Obiective 4E.1.2 - Reverse Sensitivity and Policy 4E.1.2.2 - Reverse Sensitivity: Activities in Proximity to the Port. Rail Network and Airport (ii) Whether the desiqn, includinq location, and methods and construction techniques proposed are likely to avoid or mitiqate reverse sensitivity effects on the rail network; (iii) Whether the proposed ventilation svstem will provide for a comfortable livinq environment: and (iv) Conditions of consent to avoid or mitiqate reverse sensitivity effects on the rail network or work proposed under a rail designation. ^ \ / /T-.4..1,^r.\ \ 5^1 xryvr-:a-;;v;i ^