Plan Variation 07/01
Port Noise
Notification Date: 14 July 2007
Operative Date: 12 November 2012
At its meeting on 23 February 2012 Nelson City Council resolved to approve Variation 07/01 , following an Environment Court mediation process and ensuing Consent Order (ENV WLG 2009 094 and 086 - 17 December 2011). This consent order can be downloaded here (121KB PDF).
Following approval from the Minister of Conservation (as it relates to the Regional Coastal Plan), Variation 07/01 () was made operative on 12 November 2012.
View the Operative public notice here. (19KB PDF)
Download a supplementary document (305KB PDF) that provides a summary of amendments to the original 07/01 Variation document following the Commissioner recommendations and resolution of appeals by consent order.
Variation 07/01 appeals
The period for appeals on the Variations closed on Friday 24 April 2009, two appeals were received. The relief sought by the appellants was as follows:
Gibbons Holdings Ltd
Amend decision to include an LMax provision (LMax is a measurement of maximum noise level, which would record 'clangs and bangs').
Download the Gibbons Holdings Ltd Notice of Appeal (TIF @ 230KB) (229KB TIF).
Nelson Waterfront Protection Association
Either decline the entire Variation or impose enforceable noise limits on the Port activities, implement an effective noise monitoring and measurement system and provide an adequate compensation package to remedy or mitigate unavoidable health effects on the community.
Download the NWPA Notice of Appeal here (TIF @ 90KB) (90KB TIF).
Section 274 parties to proceedings before the Environment Court
A number of others sought to be party to these appeals under section 274 of the Resource Management Act 1991. The notices can be downloaded.
- Nelson Pine Industries Ltd (TIF @ 70KB) (69KB TIF)
- Michelle Surcouf (TIF @ 75KB) (75KB TIF)
- Nelson Forests Ltd (TIF @ 55KB) (55KB TIF)
- Port Nelson Ltd (TIF @ 80KB) (80KB TIF)
Council decisions on Commissioner recommendations
Hearings took place the week of 26 May 2008 and on 3 July 2008. On 5 March 2009 the Nelson City Council resolved to adopt without modification the Commissioners’ recommended decisions on Variation 07/01 () and the reasons for those decisions.
- 07/01 - Commissioner Recommendations Report - January 2009 (960KB PDF)
- 07/01 - S42A Planning Officer's Report - May 2008 (393KB PDF)
- 07/01 - Summary of Submissions Decisions Requested and Further Submissions - February 2008 (284KB PDF)
Please note the period for filing appeals with the Environment Court closed 24 April 2009.
Information for property owners affected by noise from Port Nelson
An information sheet is available for owners of residential properties affected by noise from Port Nelson who may be contemplating building new dwellings, doing alterations, or renovations.
The information will assist you to understand the new rules (Proposed Variation 07/01) that the Council has introduced to the Nelson Resource Management Plan.
Download information on the new rules for the Variation 07/01 . (606KB PDF)
Background
The Council is proposing to make some changes to the Nelson Resource Management Plan (NRMP) to manage port noise. The changes are called Proposed Variation 07/01. The Variation is fully explained in two documents that are available from Civic House in Trafalgar Street. These are called Proposed Variation 07/01- Volume One – Plan Amendments and Volume Two – Section 32 Evaluation.
Council has been consulting with the community and industry on port noise since 1998. There are currently appeals before the Environment Court on the matter and both residents and businesses have at times been unhappy with the existing rules. That has prompted Council to propose the changes.
What the Variation is about
The variation stems from the approach taken at Port Chalmers with adjustments made to suit the Nelson situation.
It is a fresh approach that offers flexibility for port operations and requires the Port Operator to be responsible for managing and minimising noise in the surrounding neighbourhood. It involves the preparation and use of:
- A Management Plan, and
- A Mitigation Plan, and
- A Liaison Committee
The Management Plan will include procedures for reducing noise through staff training, noise modelling, monitoring, auditing, reporting procedures, and complaint handling procedures.
The Mitigation Plan will provide mitigation for dwellings such as noise insulation and ventilation in affected residential areas around the Port.
The Liaison Committee will include representatives from the Port Hills residents and it will investigate complaints and determine new ways to minimise noise generated at the Port.
Document Library
- 07/01 - Report to Environment Committee - Proposed Plan Change amendments - 25 April 2007 (475KB PDF)
- 07/01 - Section 32 Report (707KB PDF)
If you would like further information regarding this Plan Change, please contact the Environmental Planning Administrator on 03 546 0200 or environmental.planning@ncc.govt.nz.