Plan Change 16

Inner City Noise

Notification Date: 7 September 2013

Operative Date: 1 December 2014

At its meeting on 20 November 2014, Nelson City Council resolved to make proposed Plan Change 16 () operative on 1 December 2014. This date was publicly notified on 22 November 2014.

The operative plan change text can be found in appendix four of the report below. 

 Plan Change 16 – aims to revise the inner city noise standards to provide a more effective and enforceable way to manage inner city noise, while still allowing bars and entertainment activities, and residential activity to occur in the city.

This Plan Change is not about changing the level of noise in the Inner City but is about improving how noise is managed.  The approach recognises that both those producing and receiving noise in the Inner City Zone have a responsibility for its management.  It also recognises that the Inner City Zone provides a central area containing diverse activities which enhance vitality and vibrancy, while also providing for a standard of amenity appropriate to the location.

The main features of the Plan Change are:

  • Introduce permitted activity requirements for new bedrooms in residential units in the Inner City Zone to be acoustically insulated to reduce noise entering these sleeping areas.
  • Require new or extended ‘noise generating activities’ to apply for a resource consent to allow for consideration of noise issues.
  • Plan provision retaining control over night time maximum noise level (LAFmax).
  • Retain and amend the rule controlling noise at properties in the Residential Zone.
  • Use the unreasonable and excessive noise provisions of the RMA to manage and enforce noise within the Inner City Zone rather than the current noise rule ICr.42.
  • Non-regulatory approaches including ongoing education.

A change is also made to the ventilation requirements of the Port Effects Control Overlay allowing for more cost effective and practicable options to be used which still achieve the standard required.

Submissions / Further Submissions

Proposed Council Plan Change 16 () was publicly notified for submissions on 07 September 2013 and a total of 15 submissions and 2 further submissions were received.

Hearing

Proposed Plan Change 16 – was heard on 2 May 2014 in the Nelson City Council Chambers. 

Decision

At its meeting on 12 December 2013 Councillors resolved to appoint an Independent Commissioner (chair) and two Councillors as the hearing panel to hear and make decisions on submissions on proposed Council Plan Change 16. The decisions have now been made by the panel.

In summary, the decision is to adopt the plan change as notified with the following modifications:

  • No requirement for Short Term Living Accommodation to be acoustically insulated and changed application to bedrooms
  • The resource consent status of rules ICr.42A and ICr.43A changed from ‘discretionary’ to ‘restricted discretionary’
  • General, technical and explanatory changes to some definitions, wording and acoustic engineering terminology
  • Definition of Noise Generating Activity amended to place stricter hours on Inner City Fringe than on Inner City Centre
  • Increased recognition of low frequency noise when considering resource consent applications
  • Deletion of a proposed ‘rule’ giving guidance on how noise enforcement would occur in Nelson.

This decision was publicly notified in the Nelson Mail on 5 July 2014. This decision and the public notice can be downloaded below.

Document Library

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.