Proposed New Plymouth District Plan - 22 November 2019 A submission to the New Plymouth District Council
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Proposed New Plymouth
District Plan
A submission to the New Plymouth District Council
22 November 2019
Trustpower Limited (“Trustpower”) welcomes the opportunity to provide a submission to the New Plymouth District Council (“the Council”) on its proposed District Plan. This submission has been prepared in general accordance with Form 5 in Schedule 1 of the Resource Management (Forms, Fees and Procedure) Regulations 2003. Section 1 and 2 of this submission provides context for the submission points (specific provisions; submission; decision sought) as set out in Appendix A of this submission. Trustpower’s submission on the individual provisions of the Proposed District Plan is set out in Appendix A of this document. Trustpower could not gain an advantage in trade competition through this submission. Trustpower wishes to be heard in support of its submission. If others make a similar submission, Trustpower will not consider presenting a joint case with them at the hearing. For any questions relating to the material in this submission, please contact: Shelby Managh Environmental Advisor - Policy Trustpower Limited Address for Service: 108 Durham Street Private Bag 12023 Tauranga 3143 Email: shelby.managh@trustpower.co.nz Phone: 027 269 9488 Trustpower’s Submission 2 November 2019 on the Proposed New Plymouth District Plan
1.0 Introduction and Overview
1.1 Trustpower is a leading hydro-electricity generator and retailer in New Zealand.
Trustpower currently has 19 hydro-electricity power schemes (“HEPS”) and a total of 38
hydro-electric power stations across New Zealand. Trustpower generates approximately
8% of New Zealand’s total hydro electricity supply and serve approximately 270,000
electricity and gas customers and 100,000 telecommunications customers.
1.2 New Zealand’s existing hydro-electricity generation infrastructure is a substantial and
extremely valuable resource that makes a strong and ongoing contribution to New
Zealand’s energy needs and its commitment to a low emissions economy.
1.3 Within the New Plymouth District, Trustpower owns and operates the Mangorei HEPS and
the Motukawa HEPS. The regional consents for these two schemes are due for renewal in
2021 and 2022 respectively.
1.4 The Mangorei HEPS was first used to supply power to New Plymouth in 1906, making it
over 100 years old and identified as a heritage building. The station uses stored water
from Lake Mangamahoe to generate an average annual output of 20.9 GWh.
1.5 The Motukawa HEPS has an average annual power output of 22 GWh. It was first
commissioned in 1927 and utilises water from the Manganui and Waitara Rivers. Both
schemes supply the New Plymouth District and the Taranaki Region.
1.6 Against this background, Trustpower has a strong interest in the development of relevant
provisions which make up the Proposed New Plymouth District Plan, and also how the
Council has implemented the National Planning Standards.
2.0 Trustpower’s General Submission
2.1 Trustpower generally supports the Council’s proposed District Plan as a whole. The
Council is the first to have implemented the National Planning Standards and Trustpower
holds that, for the most part, this has been successful. However, Trustpower has
submitted on specific provisions of various chapters of the proposed District Plan.
2.2 Trustpower is most interested in the Energy, Ecosystems and Indigenous Biodiversity and
the Waterbodies Chapters of the proposed District Plan.
2.3 In the Energy Chapter, Trustpower supports both proposed objectives and recommends
a new objective which recognises and provides for existing renewable electricity
generation activities and their ongoing operations within the District.
2.4 While Trustpower supports most of the policies, and rules within this chapter, there are a
few instances where these have not met Trustpower’s expectations in regards to the
Resource Management Act (“RMA”), the National Planning Standards (“the Planning
Standards”), or the National Policy Statement for Renewable Electricity Generation
(“NPS-REG”).
2.5 In particular, Trustpower holds that the Energy Policies 15 – 17 should refer to new
renewable electricity generation activities and this should be made clear within the
policies. This is because the structures the policies appear to be referring to are existing
lawfully established structures which cannot be moved or easily adjusted to account for
the policies, nor should they be required to.
2.6 Trustpower has opposed the distinction between large-scale and small-scale renewable
electricity generation activities as it is unnecessary and does not align with the Planning
Standards. The Planning Standards do not differentiate between the two scales, and the
Trustpower’s Submission 3 November 2019
on the Proposed New Plymouth District Plandefinition of ‘small scale renewable electricity generation’ was deleted in the final version
as it was considered inappropriate to include an arbitrary power limit within the
definition. Trustpower seeks that the proposed definition be amended to refer to small
and community-scale generation as per the NPS-REG or deleted as per the Planning
Standards.
2.7 Trustpower opposes Energy Rule 7. This rule appears to restrict existing renewable
electricity generation activities which is contrary to both Policy 13 and the NPS-REG.
Trustpower submits that this rule should pertain to new activities in a clear manner, and
proposes the addition of new rules which refer to existing activities.
2.8 Trustpower has submitted on the Ecosystems and Indigenous Biodiversity Chapter and
generally supports the provisions within it. More specifically, Trustpower seeks the
amendment of SNA: 260 so that it does not include Trustpower owned land which is part
of the Mangorei HEPS tailrace; as well as recognising significant indigenous biodiversity
as opposed to indigenous biodiversity as a whole.
2.9 Trustpower has submitted on the Historic Heritage Chapter due to the Mangorei Power
Station being a historic heritage site.
2.10 Trustpower opposes the Waterbodies chapter as a whole and seeks its deletion, as well
as the supporting Schedule 9, as this is beyond the functions of a District Council. It
appears that the purpose of the chapter is to both identify and protect the values of
waterbodies; neither of which is covered under section 31 of the RMA as functions of a
territorial authority.
2.11 In identifying significant waterbodies and their values, the Council appears to have
considered old plans, such as the Taranaki Regional Policy Statement 2010, unnotified
plans, such as the Regional Freshwater Plan for Taranaki 2016, and the National Policy
Statement for Freshwater Management, which is only relevant to District Councils when
considering land use and subdivision consents. The Planning Standards also do not
provide a chapter heading for “waterbodies”, indicating that this is not an anticipated
function of a District Council.
2.12 Trustpower submits that the relevant values the Council is trying to manage within the
Waterbodies chapter are already accounted for in their respective chapters. Natural
hazards, activities on the surface of water, earthworks, ecosystems and indigenous
biodiversity, public access, sites and areas of significance to Maori, and historic and
cultural values already contain the relevant values and management of those values
within their own chapters. This makes the addition of the Waterbodies chapter
superfluous to the values which have already been accounted for, and should be deleted
from the proposed District Plan.
Regards,
Trustpower Limited
Shelby Managh
Environmental Advisor - Policy
Trustpower’s Submission 4 November 2019
on the Proposed New Plymouth District PlanAppendix A: Trustpower’s Detailed Submission
Chapter& Support/ Trustpower’s Reasons for Submission Relief Sought
Provision Oppose
Definitions
Adjacent Support Trustpower supports the listed definitions. Trustpower seeks the following relief from the New Plymouth
District Council:
Alteration
1. Retain the definitions as notified.
Attachment
Exploratory wind
generation
activities
Indigenous
vegetation
disturbance
Maintenance and
repair
National grid
Network utilities
or network utility
Renewable
electricity
generation
activities
Reverse
sensitivity
Building Support Trustpower supports these definitions as they are consistent Trustpower seeks the following relief from the New Plymouth
with the RMA. District Council:
Earthworks
1. Retain the definitions as notified.
Functional need
Trustpower’s Submission on the Proposed New Plymouth District Plan 5 November 2019Height
Infrastructure
Network Utility
Operator
Noise
Operational Need
Structure
Wetland
Attachment Support Trustpower supports that attachment includes structure, Trustpower seeks the following relief from the New Plymouth
pipe, equipment or cable that is externally fixed to the District Council:
building or item to perform a particular function including
1. Retain the definition as notified.
customer connections in relation to electricity.
Biodiversity offset Support in Trustpower supports the definition wording in that only the Trustpower seeks the following relief from the New Plymouth
part residual significant adverse effects should be considered for District Council:
offsetting.
1. Amend the definition as follows:
Trustpower considers that this should refer to indigenous
means a measurable conservation outcome resulting from
biodiversity only.
actions designed to compensate for significant residual adverse
indigenous biodiversity effects arising from activities after
avoidance, remediation, and mitigation measures have been
taken. The goal of indigenous biodiversity offsets is to achieve
no net loss and preferably a net gain of indigenous biodiversity
values.
Energy Activities Support in Hydropower schemes include the use of lakes and rivers in Trustpower seeks the following relief from the New Plymouth
part addition to the use of land and/or buildings. Therefore, it is District Council:
appropriate to include lakes and rivers in the definition of
1. Amend the definition as follows:
energy activities.
means the use of land, lakes, rivers and/or buildings for:
renewable electricity generation activities: and/or
oil and gas activities (petroleum prospecting, petroleum
exploration and petroleum production).
Trustpower’s Submission on the Proposed New Plymouth District Plan 6 November 2019New definition - Trustpower considers that a new definition is required to Trustpower seeks the following relief from the New Plymouth
Highly Vulnerable support ECO-P7 District Council:
Species
1. Insert a new definition as follows:
Includes nationally critical, nationally endangered and nationally
vulnerable species as outlined in the Department of
Conservation’s conservation status of taxa in the current New
Zealand Threat Classification listing.
Large scale Oppose Trustpower considers that 20kW is an arbitrary unit to Trustpower seeks the following relief from the New Plymouth
renewable separate large and small-scale renewable electricity District Council:
electricity generation activities.
1. Amend the definition as follows:
generation
This definition has the potential to incorrectly group
activities means electricity generation activities utilising renewable
domestic or community scale generation with larger
energy sources with a capacity of 20kW or greater for the
schemes designed to export electricity to local distribution
purpose of exporting electricity directly into the a distribution
networks or the national grid.
network or the National Grid. It includes all ancillary
components and activities such as substations,
climate/environmental monitoring equipment, earthworks,
roading, maintenance buildings, temporary concrete batching
plants, internal transmission and fibre networks, vegetation
clearance, and site rehabilitation works.
New definition - Trustpower considers that a new definition is required to Trustpower seeks the following relief from the New Plymouth
Mast support ENGY S1 and S4. District Council:
1. Insert a new definition as follows:
means any tower or similar structure, (excluding those
associated with electricity lines) designed to carry antennas to
facilitate radio-communication and/or telecommunication,
including those supporting renewable electricity generation
activities. It also includes any supporting guy wire and
associated attachment.
Small scale Oppose Trustpower considers that 20kW is an arbitrary unit to Trustpower seeks the following relief from the New Plymouth
renewable separate large- and small-scale renewable electricity District Council:
electricity generation activities.
1. Insert a new definition as follows:
generation
This definition has the potential to incorrectly group
activities
domestic or community scale generation with larger
Trustpower’s Submission on the Proposed New Plymouth District Plan 7 November 2019schemes designed to export electricity to local distribution Has the same meaning as defined in the National Policy
networks or the national grid. Statement for Renewable Electricity Generation (2011).
The National Policy Statement for Renewable Electricity
Generation 2011 (NPS-REG) defines small and community-
scale distributed generation as including connection to a
distribution network.
Trustpower seeks relief that the definition of small-scale
renewable energy is consistent with the NPS-REG.
District-wide Matters (Strategic Objectives)
HC-1 Support in Trustpower support the intent of the objective but oppose Trustpower seeks the following relief from the New Plymouth
part the use of the term protect due to its legal meaning. District Council:
1. Amend the provision as follows:
The district's heritage and cultural values contribute to the
district's sense of place and identity, and are recognised and
protected.
HC-2 Support in Trustpower support the intent of the objective but oppose Trustpower seeks the following relief from the New Plymouth
part the use of the term protect due to its legal meaning. District Council:
1. Amend the provision as follows:
The cultural, spiritual and/or historical values associated with
historic heritage and sites and areas of significance to Māori are
protected where practicable.
NE-6 Support Trustpower support an integrated management approach. Trustpower seeks the following relief from the New Plymouth
District Council:
1. Retain the provision as notified.
UFD-24 Support in Trustpower support the intent of the objective but oppose Trustpower seeks the following relief from the New Plymouth
part the use of the term protect due to its legal meaning. District Council:
1. Amend the provision as follows:
Productive, versatile land and natural, physical and cultural
resources located within rural areas that are of significance to
the district are protected and maintained recognised.
Trustpower’s Submission on the Proposed New Plymouth District Plan 8 November 2019Energy, Infrastructure and Transport - Energy
ENGY-O1 Support Trustpower support the recognition of and provision for Trustpower seeks the following relief from the New Plymouth
energy activities. District Council:
1. Retain the provision as notified.
ENGY-O2 Support Trustpower supports this policy as it recognises the Trustpower seeks the following relief from the New Plymouth
technical, locational and operational constraints, as hydro- District Council:
electric generation activities can only be located where the
1. Retain the provision as notified.
resource is available.
New objective in Trustpower considers that a new objective is required which Trustpower seeks the following relief from the New Plymouth
ENGY section reflects the requirements of the NPS-REG. Policies E1-E4 of District Council:
the NPS-REG state that regional policy statements and
1. Insert a new objective as follows:
regional and district plans shall include objectives, policies
and methods (including rules within plans) to provide for the Optimise the use of New Plymouth’s renewable energy resource
development, operation, maintenance and upgrading of new by recognising and providing for the development, operation,
and existing renewable electricity generation activities using maintenance and upgrading of new and existing renewable
a variety of resources, to the extent applicable to that area. electricity generation activities.
ENGY-P12 Oppose Trustpower considers the policy needs to be strengthened in Trustpower seeks the following relief from the New Plymouth
order to appropriately reflect section 7(j) of the RMA, give District Council:
effect to the objectives and policies of the NPS-REG and
1. Amend the provision as follows:
support central government’s target of 90% of electricity
generated from renewable sources by 2025. Renewable Provide for the use and development of renewable energy
energy resources (such as hydro) are essential to supplying resources including allowing activities associated with the
the energy needs of the District and should be recognised investigation, identification and assessment of potential sites
accordingly. and energy sources for renewable electricity generation.
ENGY-P13 Support Trustpower supports the policy as it recognises the Trustpower seeks the following relief from the New Plymouth
importance of existing renewable electricity generation District Council:
activities, and support the recognition of the effects
1. Retain the provision as notified.
management hierarchy for addressing adverse effects.
ENGY-P14 Support in Trustpower supports this policy provided the definition of Trustpower seeks the following relief from the New Plymouth
part small-scale renewable electricity generation activities is District Council:
changed as per the above submission point.
1. Retain the provision as notified.
ENGY-P15 Support in Requiring renewable electricity generation activities to be Trustpower seeks the following relief from the New Plymouth
part setback from sensitive activities and community facilities District Council:
Trustpower’s Submission on the Proposed New Plymouth District Plan 9 November 2019could impact Trustpower assets if any modifications to the 1. Amend the provision as follows:
schemes are required.
Manage the location, size and height of structures, setbacks
Trustpower agrees that the location, size, height of from sensitive activities, and storage of hazardous substances
structures, setbacks from sensitive activities and storage of associated with new renewable electricity generation activities.
hazardous substances should be managed for new
renewable electricity generation activities, but disagree that
the same standard should be applied to setbacks from
sensitive activities when referring to existing renewable
electricity generation activities which may require
modifications/ variations to consents. A new reverse
sensitivity clause as per the NPS-REG is therefore sought.
New policy in Trustpower considers that a new policy is required in order Trustpower seeks the following relief from the New Plymouth
ENGY section to avoid adverse effects on existing renewable electricity District Council:
generation infrastructure and to give effect to Policy D of the
1. Insert a new policy as follows:
NPS-REG. Policy D states that decision-makers shall, to the
extent reasonably possible, manage activities to avoid Avoid reverse sensitivity effects by avoiding subdivision, use and
reverse sensitivity effects on consented and on existing development in a location or form that constrains the use,
renewable electricity generation activities. operation, maintenance and upgrading of existing lawfully
established renewable electricity generation activities.
In this regard, it is important to ensure that new land use or
resource use activities do not impinge on the full operation
of infrastructure that is critical to New Plymouth and/or New
Zealand.
ENGY-P16 Oppose The word “avoid” is too restrictive. While existing consented Trustpower seeks the following relief from the New Plymouth
activities are provided for, any modifications to existing District Council:
renewable electricity generation activities would need to be
1. Amend the provision as follows:
assessed against this policy. Trustpower supports the avoid,
remedy or mitigate hierarchy. Avoid, remedy or mitigate any adverse effects locating new
renewable electricity generation activities may have when
Due to the nature of hydro-electric power schemes, they are
located within or adjacent to:
often located within or adjacent to these types of
landscapes and environments in order to locate where the 1. Outstanding natural features and landscapes
renewable resource is available.
2. The coastal environment; and
Trustpower seeks more flexible wording which allows for
3. Historic heritage and scheduled features.
these activities to continue to take place in these
environments while addressing any significant adverse
Trustpower’s Submission on the Proposed New Plymouth District Plan 10 November 2019effects to ensure the areas the Council seeks to protect are
still provided for.
ENGY-P17 Oppose This policy applies to large scale renewable electricity Trustpower seeks the following relief from the New Plymouth
generation activities. District Council:
Trustpower supports that any locational, logical or technical 1. Amend the provision as follows:
constraints to developing, upgrading, operating or
Require new large-scale renewable electricity generation
maintaining the activity should be given regard to as
activities to demonstrate consider they are located
renewable electricity generation activities must be located
appropriately having regard to the effects of the activity in
alongside the resource.
relation to its proposed location, and:
Trustpower opposes having regard to the duration or
1. any locational, logistical or technical constraints to
frequency of the activities effects as renewable electricity
developing, upgrading, operating or maintaining the
generation is a 24/7 operation.
activity;
2. the location of existing structures and infrastructure
including, but not limited to, roads, navigation and
telecommunication structures and facilities, and
connections to distribution networks, and the efficient
use of land;
3. the scale and intensity, duration or frequency of the
activity’s effects;
4. the design and site layout of the activity and its ability
to internalise effects;
5. earthworks and construction effects;
6. adverse amenity, visual, traffic generation, safety, light
overspill, shadow and noise effects;
7. adequate separation distances from sensitive activities
and identified features to ensure conflict between
activities, adverse effects and reverse sensitivity effects
are minimised; and
8. use of adaptive management measures.
ENGY-P18 Support Trustpower support the approach that decommissioned Trustpower seeks the following relief from the New Plymouth
infrastructure should be removed, and land remediated. District Council:
However, we note there is no further support of this policy
Trustpower’s Submission on the Proposed New Plymouth District Plan 11 November 2019provided in the proposed District Plan through a permissive 1. Retain the provision as notified.
rule.
New Rule Trustpower requests a new rule is inserted to provide for the Trustpower seeks the following relief from the New Plymouth
removal of decommissioned renewable electricity District Council:
generation infrastructure, as provided for the in policy
1. Insert a new rule as follows:
direction outlined in policy ENGR-P18.
Removal of decommissioned renewable electricity generation
infrastructure including:
1. the removal of all surface equipment, all concrete surfacing,
steel and cables as required
2. all associated vegetation clearance, earth disturbance and
sediment discharge
Rural Production Zone: Permitted Activity
Where:
1. The activity is managed to minimise adverse effects as far as
practicable; and
2. No later than six months from the removal of
decommissioned infrastructure:
• the area shall be stabilised, filled and/or recontoured in
a manner consistent with the surrounding land; and
• replanted with vegetation which is the same as, or of
similar species to, that which existed on the site prior
to the electricity generation activity taking place,
except that where the site was vegetated with any
plant pest, the site may be replanted with indigenous
vegetation, and preference should be given to local
genetic stock; or
• if vehicle access is required, sealed, paved, metalled or
built over.
2. Any similar or consequential amendments.
ENGY-R5 Support in Trustpower supports this rule in part provided the definition Trustpower seeks the following relief from the New Plymouth
part of small-scale REG activities is changed. District Council:
Trustpower’s Submission on the Proposed New Plymouth District Plan 12 November 2019Trustpower recommends a wording change so that the 1. Amend the rule as follows:
energy effects standards only apply to new small scale
New small scale renewable electricity generation activities,
renewable electricity generation activities. A new rule is
including its on-going operation, maintenance and repairs, and
proposed to provide for lawfully established activities where
upgrading.
maintenance, repair and/or upgrade works are required.
All zones - Activity status: PERMITTED
Where:
1. all Energy Effects Standards are complied with; and
2. all applicable underlying zone Effects Standards are
complied with.
Activity status where compliance not achieved: Restricted
Discretionary.
ENGY-R6 Support Trustpower supports the permitted status of this activity in Trustpower seeks the following relief from the New Plymouth
the Rural Production Zone. District Council:
1. Retain the provision as notified.
ENGY-R7 Oppose This rule is contrary to ENGY-P13 which is to allow the Trustpower seeks the following relief from the New Plymouth
ongoing operation, maintenance and upgrading of existing District Council:
renewable electricity generation activities, provided adverse
1. Amend the rule as follows:
effects are appropriately avoided, remedied or mitigated.
New large-scale renewable electricity generation activities,
The rule should refer to new large-scale renewable
including its ongoing operation, maintenance and repairs, and
electricity generation activities only. Trustpower proposes a
upgrading
new rule to provide for work relating to the on-going
operation, maintenance, replacement or upgrading of (1) Rural Production Zone
lawfully established existing large scale and small scale
Activity status: DISCRETIONARY
renewable electricity generation activities.
All other zones
The NPS-REG also directs decision makers to recognise and
provide for renewable natural resources with particular (2) Activity Status: NON-COMPLYING
regard to the maintenance of the generation output.
New Rule in ENGY Trustpower considers that a new rule is required to provide Trustpower seeks the following relief from the New Plymouth
section for the maintenance, minor upgrading and replacement of District Council:
existing lawfully established renewable electricity
1. Insert a new rule as follows:
generation infrastructure. Avoiding the need for resource
consent for these lawfully established activities will ensure
Trustpower’s Submission on the Proposed New Plymouth District Plan 13 November 2019that regionally significant infrastructure can continue to Any work or activity associated with the on-going operation,
function with minimal disruption and existing use rights are maintenance, replacement or upgrading of any existing lawfully
provided for. established renewable electricity generation activity.
This approach gives effect to the Objective and Policies B Rural Production Zone: Permitted
and E1-E4 of the NPS-REG.
Note:
Any work or activity associated with the on-going operation,
maintenance, replacement or upgrading of any existing lawfully
established renewable electricity generation activity shall be
exempt from the setback requirements within NH R8, NH R9,
NH R10 and NH R11.
ENGY-S1 Support Trustpower supports the performance standard of this Trustpower seeks the following relief from the New Plymouth
activity. District Council:
1. Retain the provision as notified.
ENGY-S2 Support in Trustpower supports that these small-scale hydro turbines Trustpower seeks the following relief from the New Plymouth
part are exempt from priority water body rules, however District Council:
earthworks associated with small scale hydro turbines
1. Amend the provision as follows:
should also be excluded.
Small scale hydro turbine requirements.
Given it is recommended that the waterbodies chapter is
deleted in its entirety and the aspects of the rules which are 1. Maximum gross floor area of any
within territorial authorities’ function are shifted into the associated building or structure (excluding structures w
relevant chapters, Trustpower suggests the rule references ithin the bed of a river and/or existing dam structures):
are updated accordingly. 50m2.
Trustpower also opposes not allowing any structures within 2. Minimum setbacks:
esplanade reserves or strips, as structures are required to be
a. No associated building or structure shall be
located adjacent to rivers/lakes as part of hydropower
located within an existing esplanade
activities.
reserve or strip.
3. Any building or structure associated with small-scale
hydro turbines shall be exempt from the setback from
a priority waterbody in WB R1, WB R2, or WB R3 NH
R8, NH R9, NH R10 or NH R11.
ENGY-S4 Support in Trustpower consider that a mast to be set back from the Trustpower seeks the following relief from the New Plymouth
part site’s boundaries of at least 10 times the mast’s height is District Council:
Trustpower’s Submission on the Proposed New Plymouth District Plan 14 November 2019unduly onerous. Further, there is no definition of mast 1. Amend the provision as follows:
included in the plan.
Exploratory wind generation requirements.
Wind monitoring masts must comply with the following
standards
1. Minimum mast setbacks:
• from the site's boundaries a distance of at least 200 m
at least 10 times the mast's height (except where any
adjoining site is in common ownership with the site
where the turbine is located or where prior to the mast
being erected, the written approval of owners and
occupiers of any property that adjoins a site boundary
where the minimum mast setback will not be achieved
has been obtained and is clearly endorsed on all
relevant building plans provided to the Council); and
2. Maximum duration of activity: five years; and/or
3. Removal of mast and all associated structures/equipment:
no later than two months after the cessation of wind
monitoring activities for any reason.
Energy, Infrastructure and Transport – Network Utilities
NU-O1, NU-O2, Support Trustpower supports these as overarching objectives. Trustpower seeks the following relief from the New Plymouth
NU-O3 District Council:
Trustpower also supports the avoid, remedy or mitigate
hierarchy in NU-O2. 1. Retain the provisions as notified.
Trustpower supports the recognition of the functional need
and operational need of network utilities in NU-O2, and that
the positive effects of network utilities are recognised at a
local, regional and national level.
NU-P1, NU-P3, Support Trustpower supports this group of Policies within the Trustpower seeks the following relief from the New Plymouth
NU-P6, NU-P8 Network Utilities Chapter. District Council:
Trustpower supports NU-P1 as it recognises the importance 1. Retain the provisions as notified.
of the development of network utilities, and existing
network utilities.
Trustpower’s Submission on the Proposed New Plymouth District Plan 15 November 2019Trustpower supports NU-P3 as it promotes increased
utilisation of renewable resources in accordance with the
NPS (REG) and central government’s target of 90% of
electricity generated from renewable sources by 2025.
Trustpower also supports that NU-P6 provides for ensuring
that the safe and efficient operation, maintenance, repair,
upgrading or development of the national grid is not
compromised.
NU-P4 Support in Trustpower supports that the significant adverse effects of Trustpower seeks the following relief from the New Plymouth
part network utilities are managed. District Council:
However, the location of network utilities cannot always be 1. Amend the provision as follows:
controlled, and network utilities often have a functional
Manage the adverse effects of network utilities, including
need to be situated at a location.
effects on natural and physical resources, amenity
The height and bulk of network utilities also cannot always values, sensitive activities, and the health, safety and wellbeing
be controlled. of people and communities by:
1. controlling, where practicable, the height, bulk and
location of network utilities;
...
NU-P5 Support in Trustpower supports the avoid, remedy or mitigate Trustpower seeks the following relief from the New Plymouth
part hierarchy and the recognition that the location of a network District Council:
utility can be constrained by functional or operational needs.
1. Amend the provision as follows:
Trustpower also supports that the impact of not operating,
Ensure that network utilities avoid, remedy or mitigate adverse
repairing, maintaining, upgrading, removing or developing
effects on the environment, while recognising the functional
the network utility is considered.
need or operational needs of the network utility, and having
Trustpower opposes having regard to the time, duration or regard to:
frequency of the activities effects as network utilities are a
1. the extent to which adverse effects have been
24/7 operation.
addressed through site, route or method selection
and/or the extent to which the network utility is
constrained by functional or operational needs;
2. the necessity of the network utility, including:
a. the need to quickly repair and restore disrupted
services;
Trustpower’s Submission on the Proposed New Plymouth District Plan 16 November 2019b. the impact of not operating, repairing,
maintaining, upgrading, removing or developing
the network utility;
3. the time, duration or frequency of adverse effects:
...
NU-R1, NU-R2, Support Trustpower supports these Rules within the Network Trustpower seeks the following relief from the New Plymouth
NU-R3, NU-R10, Utilities chapter. District Council:
NU R-18
1. Retain the provisions as notified.
Natural Environmental Values - Ecosystems and Indigenous Biodiversity
District Plan Map Support in Trustpower supports the mapping of SNAs in the District, Trustpower seeks the following relief from the New Plymouth
Significant Part however this SNA needs to be brought back to the District Council:
Natural Area boundary, as it is encroaching onto an operational area of
1. Amend the Boundary of SNA:260 as follows:
(SNA: 260) the existing hydro-electric power scheme.
Amend the map so that SNA:260 follows the property boundary
(shown in red below) rather than the current extension into the
Mangorei Scheme tail race.
ECO-O1 Support in Trustpower supports this policy, as it considers that it should Trustpower seeks the following relief from the New Plymouth
part only be significant indigenous vegetation which should be District Council:
the subject of protection, as opposed to all an any
1. Amend the provision as follows:
indigenous vegetation.
Areas of significant indigenous vegetation and significant
habitats of indigenous fauna are protected from inappropriate
Trustpower’s Submission on the Proposed New Plymouth District Plan 17 November 2019An amendment is recommended state what it is to be subdivision, use and development, and where appropriate,
protect form, being from inappropriate subdivision, land use enhanced.
and development.
ECO-O2 Support in Trustpower supports this policy, in that is should only be Trustpower seeks the following relief from the New Plymouth
part significant indigenous vegetation and habitat which should District Council:
be the subject of protection.
1. Amend the provision as follows:
The use of the word “maintained” appears to provide for
Indigenous biodiversity is maintained and, where appropriate,
offsetting or other levels of mitigation which would
enhanced.
contribute to no net loss of biodiversity. Trustpower
recommends an amendment to provide further clarity. In this context, maintenance includes offsetting where there is
no net loss of biodiversity; and enhancement includes offsetting
where there is a net gain of biodiversity.
ECO-O3 Support The use of “recognised and provided for” is in line with s6 of Trustpower seeks the following relief from the New Plymouth
the RMA. District Council:
1. Retain the provision as notified.
ECO-P1 Support in Trustpower supports the mapping of significant indigenous Trustpower seeks the following relief from the New Plymouth
part vegetation and indigenous habitat, as the mapping of these District Council:
areas provides certainty for resource users as to the land
1. Retain the provision as notified.
potentially affected by the overlays and where land use
activities and development may face additional restrictions.
However as outlined above at the Mangorei Scheme, SN 260
extends past the property boundary into the tail race.
Provided SN 260 is amended as requested above, and the
SNA’s do not impede renewable energy activities/structures
this policy is supported.
ECO-P2 Oppose Trustpower opposes the requirement for “maintenance of Trustpower seeks the following relief from the New Plymouth
all indigenous habitats and ecosystems”. In addition, the District Council:
requirement to enhance or restore should be a voluntary
1. Amend the provision as follows:
action, especially where this is offered by a resource consent
applicant, and where this may occur on privately owned
land.
Trustpower’s Submission on the Proposed New Plymouth District Plan 18 November 2019This policy may unnecessarily restrict renewable electricity Maintain Encourage the maintenance of indigenous habitats
generation activities in areas of indigenous habitat and and ecosystems which are not identified as significant natural
ecosystems, including lakes and rivers which contain areas by:
indigenous species. The word ‘maintain’ does appear to
1. minimising fragmentation or reduction in the extent of
provide for offsetting or other levels of mitigation which
indigenous vegetation or habitats of indigenous fauna;
would contribute to there being no net loss of habitats and
ecosystems. Further text is recommended to provide clarity. 2. encouraging the maintenance, or voluntary
enhancement or restoration maintaining and, where
appropriate, enhancing or restoring the functioning of
ecological corridors, linkages, dunes and indigenous
coastal vegetation and wetlands;
3. minimising adverse effects on indigenous biodiversity
which is significant to tangata whenua;
4. restricting the modification or disturbance of coastal
indigenous vegetation, dunes, estuaries and wetlands;
and
5. recognising the benefits of active management of
indigenous biodiversity, including voluntary pest and
stock control and/or formal legal protection.
Maintenance includes offsetting where there is no net loss of
biodiversity and enhancement includes offsetting where there is
a net gain of biodiversity.
ECO-P3, ECO-P4, Support Trustpower supports the use of the word “manage” in ECO- Trustpower seeks the following relief from the New Plymouth
ECO-P5 P3 as this indicates that some activities may occur within District Council:
sites containing significant natural areas provided, they are
1. Retain the provisions as notified.
suitable and significant adverse effects are avoided,
remedied or mitigated.
Trustpower supports the exclusions encompassed in (1) (2)
and (3) in ECO-P4. The maintenance of indigenous
vegetation around Trustpower schemes for existing
infrastructure, tracks, and fences is essential for the ongoing
operation within the district.
Trustpower supports ECO-P5 with the hierarchy avoid,
remedy or mitigate and having regard to whether significant
Trustpower’s Submission on the Proposed New Plymouth District Plan 19 November 2019residual adverse effects can be addressed through
biodiversity off-setting.
ECO-P6 Support in Trustpower supports the use of offsetting residual significant Trustpower seeks the following relief from the New Plymouth
part adverse effects where avoidance, remedy, or mitigation is District Council:
not appropriate. It is recommended that the word
1. Amend the provision as follows:
‘significant’ is included in the text so that only more than
minor adverse effects are considered for offsetting. This Ensure that where indigenous biodiversity offsets are proposed
should also relate to indigenous biodiversity. to manage residual significant adverse effects from an activity
on indigenous vegetation:
Trustpower have recommended that a definition of ‘highly
vulnerable’ is included in the definitions section. 1. where possible, all other adverse effects have been
appropriately avoided, remedied and or mitigated;
2. the goal of the biodiversity offsets is no net loss and,
preferably, a net gain of indigenous biodiversity;
3. the conservation outcomes are measurable and
positive;
4. the offset is not proposed to compensate for more
than minor adverse effects on highly vulnerable and
irreplaceable indigenous biodiversity components; and
5. the biodiversity offsets are in accordance with best
practice, including but not limited to New Zealand
Government guidance on biodiversity offsetting.
ECO-P7 Oppose in Trustpower generally supports the policy. However, the Trustpower seeks the following relief from the New Plymouth
part policy should be amended towards protecting, enhancing District Council:
and restoring areas of significant indigenous biodiversity
1. Amend the provision as follows:
values.
Encourage the protection, maintenance, enhancement and
restoration of significant indigenous biodiversity by:
1. providing funding and advice to landowners to actively
manage significant indigenous biodiversity, including
by way of fencing and planting;
2. allowing a bonus allotment when subdividing if a
significant natural area within the same property is
legally protected as part of the subdivision;
Trustpower’s Submission on the Proposed New Plymouth District Plan 20 November 20193. promoting the creation of connections and ecological
corridors between areas of significant indigenous
biodiversity;
4. promoting the use of eco-sourced species from the
relevant ecological district;
5. supporting opportunities for tangata whenua to
exercise their customary responsibilities as mana
whenua and kaitiaki in restoring, protecting and
enhancing areas of significant indigenous biodiversity;
and
6. supporting initiatives by landowners, community
groups and others to protect, restore and maintain
significant natural areas.
ECO-R1 Support in Trustpower supports this rule which gives effect to ECO-P4. Trustpower seeks the following relief from the New Plymouth
part Trustpower also considers that there should be provision to District Council:
remove vegetation associated with the construction of new
1. Amend the rule as follows:
fences for safety purposes under this rule.
Indigenous vegetation disturbance within a scheduled
significant natural area, not otherwise provided for in this table
All zones Activity status: PERMITTED
Where the vegetation disturbance is:
1. within an area subject to an Open Space Covenant
under the Queen Elizabeth II National Trust Act 1977, a
Ngā Whenua Rahui Kawenata, a Conservation
Covenant under the Reserves Act 1977 or the
Conservation Act 1987 or a Heritage covenant under
the Heritage New Zealand Pouhere Taonga Act 2014
and the vegetation disturbance is provided for in that
covenant or order; and/or
2. necessary for the maintenance and repair of existing
tracks, fences, drains, structures and infrastructure,
including network utilities; and renewable electricity
generation activities and/or
Trustpower’s Submission on the Proposed New Plymouth District Plan 21 November 20193. necessary to remove vegetation that endangers human
life or existing buildings or structures; and/or
4. required for the construction of new fences and trap
lines for conservation purposes to exclude stock or pest
animals, and associated pest management work, or for
human safety purposes and/or
5. gathering plants in accordance with Māori customs and
values; and/or
6. the removal or clearance of manuka or kanuka only,
which is under 25 years old.
Where compliance is not achieved the disturbance would fall
under a NON COMPLYING ACTIVITY.
ECO-R4 Oppose in This rule applies when constructing or maintaining tracks Trustpower seeks the following relief from the New Plymouth
part and fences inside an SNA which are not for the purpose of District Council:
conservation or pest control (ECO-R1)
1. Amend the rule as follows:
Trustpower considers it appropriate for fences constructed
Tracks and fences within a significant natural area
for human safety purposes to also be excluded from this
rule. All zones Activity status: RDIS
Where:
1. the tracks and fences are not for conservation, pest
control or human safety purposes.
Matters over which discretion is restricted:
...
Historic and Cultural Values – Historic Heritage
HH-O1 Oppose in Trustpower generally supports this as an overarching Trustpower seeks the following relief from the New Plymouth
part objective, however, has concerns about the implications that District Council:
protecting the features would include (i.e. the Mangorei
1. Amend the provision as follows:
Power Station is a scheduled heritage building).
Historic heritage is recognised, and where appropriate
protected and maintained.
Trustpower’s Submission on the Proposed New Plymouth District Plan 22 November 2019HH-O2 Support Trustpower supports this as an overarching objective for Trustpower seeks the following relief from the New Plymouth
heritage buildings in the district. District Council:
1. Retain the provision as notified.
HH-O3 Support Trustpower supports this as an overarching objective for Trustpower seeks the following relief from the New Plymouth
heritage buildings in the district. The Mangorei Power District Council:
Station is a scheduled heritage building so it is important
1. Retain the provision as notified.
that the active use of it is imbedded into the objectives,
setting a precedent for the policies and rules to follow.
HH-P3 Oppose in Trustpower supports the intent of this policy. Trustpower seeks the following relief from the New Plymouth
part District Council:
However, Trustpower considers that the policy should allow
for remedy and mitigation where avoidance is not possible. 1. Amend the provision as follows:
Protect and maintain heritage buildings, items and character
areas from inappropriate activities by:
...
3. requiring activities on, in or surrounding heritage buildings,
items and character areas to avoid adverse effects on historic
heritage values where practicable, and where avoidance is not
practicable, to remedy or mitigate adverse effects.
HH-P4, HH-P5, Support Trustpower supports the grouped Historic Heritage Policies. Trustpower seeks the following relief from the New Plymouth
HH-P7, HH-P8, District Council:
Trustpower supports that HH-P4 allows for the maintenance
HH-P9, HH-P10,
and repair of heritage buildings. For the Mangorei Power 1. Retain the provisions as notified.
HH-P11
Station, this allows for the active use of the building to
ensure it remains a safe and competent building to work in.
Trustpower supports HH-P9, specifically subsection (6), as
this allows for appropriate additions/alterations where the
addition or alteration contributes to the on-going use of the
building.
Trustpower supports HH-P10, specifically subsection (4), as
this allows for appropriately located new buildings and/or
additions and alterations where the new building or addition
or alteration contributes to the on-going use of the building.
Trustpower’s Submission on the Proposed New Plymouth District Plan 23 November 2019HH-R1, HH-R2 Support Trustpower supports these rules as notified, as Historic Trustpower seeks the following relief from the New Plymouth
and HH-R3 Heritage needs to be able to be maintained and utilised District Council:
without undue restrictions.
1. Retain the rules as notified.
New rule in HH Trustpower seeks a new rule to provide for ancillary Trustpower seeks the following relief from the New Plymouth
section activities. The Mangorei hydro-electric power station is an District Council:
active functioning power station, and a heritage site. It may
1. Insert a new rule as follows:
require ancillary structures that are necessary to support is
ongoing use and functioning as a power station, which is Activities ancillary to the functioning and use of a scheduled
also in line with HH-O3. heritage building or item including:
- Erection of a structure
- Installation of an impervious surface area (excluding
roofs)
- Relocation of a structure
Activity status: CONTROLLED
Where:
1. all underlying zone Effects Standards are complied
with.
Matters over which control is restricted:
1. The importance attributed to the heritage building or
item by the wider community and Heritage New
Zealand Pouhere Taonga;
2. Whether the location, size, height and/or design of the
new structure will impact on the setting of the heritage
building or item and/or whether it will compromise its
heritage values;
3. Whether there are opportunities to enhance the
physical condition of the heritage building or item, its
heritage values and the public’s appreciation of those
values;
4. The extent to which the existing topography or
vegetation will mitigate the effects of the new
Trustpower’s Submission on the Proposed New Plymouth District Plan 24 November 2019structure on the setting of the heritage building or
item; and
5. The ability to mitigate the effects of the new structure
on the setting of the heritage building or item with
landscaping or vegetation.
HH-R4 Oppose in Trustpower agrees that the Council should have measures in Trustpower seeks the following relief from the New Plymouth
part place to control what new structures should be placed on District Council:
sites with scheduled heritage buildings from a district wide
1. Amend the rule as follows:
perspective. This is also in line with HH-P5 which Trustpower
support. Relocation of a structure onto a site containing a scheduled
heritage building or item. Except where the structure is ancillary
However, the Mangorei site could have different
to the purpose and use of the heritage feature
considerations from that of other heritage sites, in that any
structures built would not directly detract from the buildings Activity status: RESTRICTED DISCRETIONARY
heritage value, but would be in line with its purpose and use
...
as a power station, which is also in line with HH-O3.
HH-R7 Oppose in As above, Trustpower agrees that the Council should have Trustpower seeks the following relief from the New Plymouth
part measures in place to control what alterations/additions to District Council:
the exterior of scheduled heritage buildings occur from a
1. Amend the rule as follows:
district wide perspective. This is also in line with HH-P5
which Trustpower support. Alterations and additions to the exterior of a scheduled heritage
building or item and/or to scheduled interior elements
However, the Mangorei site could have different
identified in SCHED2. Except where the addition/alteration is
considerations from that of other heritage sites, in that any
ancillary to the purpose and use of the heritage feature
alterations and additions would not directly detract from the
buildings heritage value, but would be in line with its All zones Activity status: DISCRETIONARY
purpose and use as a power station, which is also in line with
…
HH-O3.
New Rule in HH The Mangorei site is an active functioning heritage site and Trustpower seeks the following relief from the New Plymouth
section may require ancillary structures that are necessary for its District Council:
purpose and use as a power station, which is also in line with
1. Insert a new rule as follows:
HH-O3.
Alterations and additions to the exterior of a scheduled heritage
building or item and/or to scheduled interior elements
identified in SCHED2 ancillary to the functioning and use of the
scheduled heritage building or item.
Trustpower’s Submission on the Proposed New Plymouth District Plan 25 November 2019This rule does not apply to:
1. Fire alarm panels.
2. Security alarms.
3. Security lighting.
4. Sprinkler inlets.
5. Communication equipment.
6. An attachment provided the attachment is not to a
primary frontage, architectural feature and/or detail
that contributes to the heritage building or item's
historic heritage values.
Activity status: CONTROLLED
Where:
1. all underlying zone Effects Standards are complied
with.
Matters over which control is restricted:
1. The importance attributed to the heritage building or
item by the wider community and Heritage New
Zealand Pouhere Taonga;
2. Whether the location, size, height and/or design of the
new structure will impact on the setting of the heritage
building or item and/or whether it will compromise its
heritage values;
3. Whether there are opportunities to enhance the
physical condition of the heritage building or item, its
heritage values and the public’s appreciation of those
values;
4. The extent to which the existing topography or
vegetation will mitigate the effects of the new
structure on the setting of the heritage building or
item; and
Trustpower’s Submission on the Proposed New Plymouth District Plan 26 November 20195. The ability to mitigate the effects of the new structure
on the setting of the heritage building or item with
landscaping or vegetation.
Hazards and Risks – Natural Hazards
NH-O1, NH-O2 Support Trustpower supports both objectives for natural hazards. Trustpower seeks the following relief from the New Plymouth
District Council:
1. Retain the provisions as notified.
NH-P2 Support Trustpower supports that certain activities are managed in Trustpower seeks the following relief from the New Plymouth
identified natural hazards areas. District Council:
1. Retain the provision as notified.
NH-P4 Support in Trustpower considers it appropriate to demonstrate risks Trustpower seeks the following relief from the New Plymouth
part will be minimised to an acceptable level. District Council:
However, there is no definition of development and 1. Amend the provision as follows:
therefore this rule could encompass REG activities. Point 8
Require activities locating in identified natural hazard areas, or
requires that new development must be located and
areas which have potential to be affected by a natural hazard,
designed to minimise the potential for natural hazards.
to demonstrate any risks to people, property and the
Renewable electricity activities must be located alongside environment will be minimised to an acceptable level, having
the resource. For example hydro-electric power schemes regard to the effects of the activity, and:
have a functional need to be located adjacent to
...
waterbodies. Therefore, it is recommended that the policy
includes the words ‘where practicable’. 8. ensuring new development is, where practicable,
located and designed to mitigate the potential for
natural hazards, and does not accelerate or worsen any
material damage to that land, or displace to other land
or structures, resulting from erosion, subsidence,
debris flow, surface water flooding; and
...
NH-P5 Support Trustpower supports this adaptive approach for managing Trustpower seeks the following relief from the New Plymouth
natural hazards in the district. District Council:
1. Retain the provision as notified.
NH-R13 Support This is the only rule which applies to the volcanic hazard Trustpower seeks the following relief from the New Plymouth
area which the Motukawa and Mangorei schemes are District Council:
Trustpower’s Submission on the Proposed New Plymouth District Plan 27 November 2019located. Trustpower supports that renewable electricity 1. Retain the provision as notified.
generation activities are not defined as hazard sensitive
activities.
New rules in NH Trustpower supports that natural hazards are considered in Trustpower seeks the following relief from the New Plymouth
section to provide relation to activities adjacent to waterbodies provided the District Council:
for proposed proposed on-going, maintenance, replacement or upgrading
1. Insert new rules as follows:
rule for lawfully established renewable electricity generation
deletion of rules
activities is adopted which exempts activities to the set NH R8 Erection of a building or structure on a site containing or
in WB section. adjoining a natural waterbody or significant waterbody
backs within these rules.
It is considered that structures associated with renewable NH R9 Relocation of a building or structure onto a site
electricity generation activities should also be provided for containing or adjoining a natural waterbody or significant
as a permitted activity within these rules but are not waterbody
required to comply with the setbacks (many structures have
NH R10 Addition to a building or structure on a site containing
a functional need to be located adjacent to waterbodies).
or adjoining a natural waterbody or significant waterbody
The rules sought to be included in this chapter, replace
Is a PERMITTED activity in Rural Zones.
those which were notified as being in the Waterbodies
chapter. Trustpower is seeking deletion of the Waterbodies Where:
chapter, but recognises that some rules have a function and
1. any building is set back at least 10 metres from a
should be retained, but in the appropriate chapter locations.
significant waterbody, or
2. any building is set back at least 5 metres from any
other natural waterbody.
Is a PERMITTED activity in Open Space and Recreation Zones,
Residential Zones, General Industrial Zone and Special Purpose
Zones.
Where:
1. any building is set back at least 10 metres from a
significant waterbody.
Note:
1. This rule applies to wastewater pump stations but does
not apply to pump stations used for other purposes.
2. For rivers and streams, the setback shall be measured
from the closest bank. The setback does not apply on land
Trustpower’s Submission on the Proposed New Plymouth District Plan 28 November 2019You can also read
