4.4.1 Infrastructure

The following provisions form part of the district plan.
1. Activity table
The following table specifies the activity status of activities in Airport Approach Path overlay.
 Activity(1)  Activity Status
 Development
 Buildings, structures, masts or trees that protrudes into the obstacle limitation surfaces  Pr
 Trees and vegetation
 Removal or topping of an existing tree that protrudes into the obstacle limitation surfaces  P

(1) Detailed height restriction diagrams for Kaipara Flats Airfield, North Shore Airfield and Parakai Airfield are contained in this overlay section of the Unitary Plan. Auckland International Airport (AIA), Whenuapai Airbase and Ardmore Aerodrome diagrams are contained in the designation overlay section of the Unitary Plan.
2.1 Height restrictions
1. Buildings, structures, masts and trees must not exceed the height limit within the obstacle limitation surfaces in accordance with Figures 2 - 4.
a. At any point where two surfaces overlap and are at differing elevations, the lower of the two surfaces must apply.
b. Detailed height restrictions for Kaipara Flats Airfield, North Shore Airfield and Parakai Airfield are contained in Appendix 2.1.
c. No part of any building or any tree must exceed a height equal to 8 metres, provided that any building or tree must not exceed the height limits specified in Figures 2 - 4 and detailed height restriction diagrams contained in Appendix 2.1.

2. The height restrictions consist of three separate height controls around North Shore Airfield and two around Kaipara Flats and Parakai Airfields. (Refer to Figures 2 - 4)
a. Take off/landing fans:
These fans extend for 5.5km (north Shore) and 1.2km (Kaipara Flats and Parakai) from each end of each runway. The height limit begins at ground level and rises at a slope of 1 in 40 (North Shore) and 1 in 20 (Kaipara Flats and Parakai).
b. Transitional side surfaces:
This height restriction runs at right angles to the runway strip and the centre line of the fans. The height limit begins at ground level at the edge of runway strip and rises at a slope of 1 in 7 (North Shore) and 1 in 4 (Kaipara Flats and Parakai) to a maximum height of 45 metres (North Shore) and 2 metres (Kaipara Flats and Parakai) above the runway ground level. This height limit also applies from the outside edge of each fan, the surface rising at the same slopes to a maximum height of 45 metres (North Shore) and 2 metres (Kaipara Flats and Parakai).
c. Horizontal surface:
All properties within 2.6km of North Shore Airfield are subject to a horizontal height control which is 45 metres above the average runway ground level i.e. 107 metres above mean sea level. There is no horizontal surface control for either Kaipara Flats or Parakai Airfields.

3. All height restrictions are affected by the elevation of the property, and height limits must be assessed in terms of elevation relative to the runway it self.
The following table below gives the specifications for the three airfields:

Table 1
 Feature  North Shore
 Kaipara Flats  Parakai
Runway threshold ground level above mean sea level  Main Runway:
 East End        65m
 West End       63m

 Crosswind Runway:
 East End        63m
 West End       60m
 East End       33m
 West End      33m
 East End        5m
 West End       6m
 Runway strip width  90m  100m  65m
 Approach/take-off fan
 Length (from runway threshold)

 Slope (rate of rise)

 Lateral expansion
 
 5,500m

 1 in 40

 1 in 10
 
 1,200m

 1 in 20

 1 in 20
 
 1,200m

 1 in 20

 1 in 20
 Transitional side surface
 Slope (rate of rise)

 Maximum height above runway
 
 1 in 7

 45m
 
 1 in 4

 2m
 
 1 in 4

 2m
 Horizontal surface
 Height

 Lateral extent
 
 107m above sea level

 2.6km from edge of
 runway strip
 
 N/A

 N/A
 
 N/A

 N/A
Figure 1: Explanation of terms for airport approach overlay calculations
2.2 Map diagrams
Figure 2: Kaipara Flats airfield height restriction
Figure 3: North Shore airfield height restriction
Figure 4: Parakai airfield height restriction
1. Activity table
The following table specifies the activity status of activities in Airfield Noise Notification Areas overlay.

Activity  Activity Status
Development - North Shore Airfield, Kaipara Flats Airfield, Whenuapai Airbase
ASAN located within the Ldn55 and 65dBA noise contours  RD
Alterations or additions to existing ASAN located within the Ldn55 and Ldn65dBA noise contours  RD
ASAN located within the Ldn65dBA noise contour  Pr
Alterations or additions to ASAN located within the Ldn65dBA noise contour  NC
Subdivision - North Shore Airfield, Kaipara Flats Airfield, Whenuapai Airbase
Subdivision for a new allotment within the Ldn65dBA noise contour  Pr
Subdivision for a new allotment within the Ldn55dBA and Ldn65dBA noise contour  NC
Development - Ardmore Aerodrome
Activities within the Air Noise Boundary (ANB) area Ldn65dbA
ASAN located within the Air Noise Boundary (ANB) area Ldn65dBA  Pr
Alterations or additions to existing ASAN that do not involve the addition of, or alteration to, a habitable room
 P
Alterations or additions to existing ASAN of habitable rooms and rooms for sleeping, convalescing and learning within the ANB area that complies with clause 4.4.1.2.3.1.2 and clause 4.4.1.2.3.3  D
Alterations or additions to existing ASAN of habitable rooms and rooms for sleeping, convalescing and learning within the ANB area that does not comply with clause 4.4.1.2.3.1.2 and clause 4.4.1.2.3.3
 Pr
A single dwelling on a site where a title was issued prior to 17 October 2007 within the ANB area that complies with clause 4.4.1.2.3.1.2 and clause 4.4.1.2.3.3
 D
ASAN that does not comply with clause 4.4.1.2.3.1.2 and clause 4.4.1.2.3.3  Pr
Existing dwellings lawfully established under the Act and existing at 17 October 2007 on any lot, irrespective of the date the lot was created that complies with clause 4.4.1.2.3.2
 P
Activities within the Inner Control Boundary (ICB) area i.e between Ldn60dBA-65dBA noise contours
ASAN located within the Inner Control Boundary Area (ICB) Ldn60dBA-65dBA  D
Alterations or additions to existing ASAN that do not involve the addition of, or alteration to, a habitable room  P
Alterations or additions to existing ASAN of habitable rooms and rooms for sleeping, convalescing and learning within the ICB area (i.e between Ldn60dBA-65dBA) that complies with clause 4.4.1.2.3.1.3 and clause 4.4.1.2.3.3
 RD
Alterations or additions to existing ASAN of habitable rooms and rooms for sleeping, convalescing and learning within the ICB area (i.e between Ldn60dBA-65dBA) that does not comply with clause 4.4.1.2.3.1.3 and clause 4.4.1.2.3.3  D
A single dwelling on a site where a title was issued prior to 17 October 2007 within the ICB area (i.e between Ldn60dBA-65dBA) that complies with clause 4.4.1.2.3.1.3 and clause 4.4.1.2.3.3  D
ASAN that does not comply with clause 4.4.1.2.3.1.3 and clause 4.4.1.2.3.3  NC
Existing dwellings lawfully established under the Act and existing at 17 October 2007 on any lot, irrespective of the date the lot was created.  P
Activities within the Outer Control Boundary (OCB) area i.e between Ldn55dBA-60dBA noise contours
ASAN located within the Outer Control Boundary Area (OCB) Ldn55dBA-60dBA that complies with clause 4.4.1.2.3.1.4 - 5 and clause 4.4.1.2.3.3
 RD
Alterations or additions to existing ASAN that do not involve the addition of, or alteration to, a habitable room  P
Alterations or additions to existing ASAN of habitable rooms and rooms for sleeping, convalescing and learning within the OCB area (i.e between Ldn55dBA-60dBA) that complies with clause 4.4.1.2.3.1.4 and clause 4.4.1.2.3.3
 P
Alterations or additions to existing ASAN of habitable rooms and rooms for sleeping, convalescing and learning within the OCB area (i.e between Ldn55dBA-60dBA) that does not comply with clause 4.4.1.2.3.1.4 and clause 4.4.1.2.3.3  D
A single dwelling on a site where a title was issued prior to 17 October 2007 within the OCB area (i.e between Ldn55dBA-60dBA) that complies with clause 4.4.1.2.3.1.4 and clause 4.4.1.2.3.3  P
ASAN that does not comply with clause 4.4.1.2.3.1.4  NC
Existing dwellings lawfully established under the Act and existing at 17 October 2007 on any lot, irrespective of the date the lot was created.  P
Subdivision - Ardmore Aerodrome
Subdivision within the ANB where the application identifies legal mechanisms on any land title(s) to permanently avoid the establishment of any additional ASAN  D
Subdivision within the ANB where the application does not identify legal mechanisms on any land title(s) to permanently avoid the establishment of any additional ASAN  NC
Subdivision within the ICB and OCB area  RD
Development - Auckland International Airport (AIA)
Activities within the HANA
ASAN  NC
Additions or alterations to an existing dwelling  RD
Activities within the MANA and the Ldn57dbA area
New dwelling with a residential density being no greater than 1 dwelling per 500m2 net site area, unless specified in Structure Plan areas  P
Additions or alterations to an existing dwelling  P
ASAN(1)  RD
ASAN in the Centres, Mixed Use, Business and Industrial zones that is a permitted activity, controlled activity, restricted discretionary activity or discretionary activity  D
New dwellings that do not comply with a residential density being no greater than 1 dwelling per 500m2 net site area, unless specified in Structure Plan areas  RD
(1) Any ASAN within the MANA that is otherwise a discretionary activity in the relevant zone is subject to clause 4.4.1.2.3.6
Figure 1: Auckland Airport Ldn 57dBA Contour
2. Notification
1 Council will carry out full public notification of applications for resource consent for the following activities:
a. dvelopment and subdivision - North Shore Airfield, Kaipara Flats Airfield, Whenuapai Airbase
i. ASAN located within the Ldn65dBA noise contour
ii. alterations or additions to ASAN located within the Ldn65dBA noise contour
iii. subdivision for a new allotment within the Ldn65dBA noise contour
iv. subdivision for a new allotment within the Ldn55dBA and Ldn65dBA noise contour.

b. dvelopment and subdivision - Ardmore Aerodrome
i. ASAN located within the Air Noise Boundary (ANB) area Ldn65dBA
ii. alterations or additions to existing ASAN of habitable rooms and rooms for sleeping, convalescing and learning within the ANB area that does not comply with clause 4.4.1.2.3.1.2 and clause 4.4.1.2.3.3
iii. ASAN that does not comply with clause 4.4.1.2.3.1.2 and clause 4.4.1.2.3.3
iv. ASAN that does not comply with clause 4.4.1.2.3.1.3 and clause 4.4.1.2.3.3
v. ASAN that does not comply with clause 4.4.1.2.3.1.4
vi. subdivision within the ANB where the application does not identify legal mechanisms on any land title(s) to permanently avoid the establishment of any additional ASAN

c. dvelopment - Auckland International Airport (AIA)
i. ASAN within HANA.

2 Council will carry out limited notification of applications for resource consent for the following activities:
a. development - North Shore Airfield, Kaipara Flats Airfield, Whenuapai Airbase
i. ASAN located within the Ldn55 and 65dBA noise contours
ii. alterations or additions to ASAN located within the Ldn55 and Ldn65dBA noise contours.

b. development and subdivision - Ardmore Aerodrome
i. ASAN located within the Inner Control Boundary Area (ICB) Ldn60dBA-65dBA
ii. alterations or additions to existing ASAN of habitable rooms and rooms for sleeping, convalescing and learning within the OCB area (i.e between Ldn55dBA-60dBA) that does not comply with clause 4.4.1.2.3.1.4 and clause 4.4.1.2.3.3
iii. alterations or additions to existing ASAN of habitable rooms and rooms for sleeping, convalescing and learning within the OCB area (i.e between Ldn55dBA-60dBA) that does not comply with clause 4.4.1.2.3.1.4 and clause 4.4.1.2.3.3
iv. subdivision within the ANB where the application identifies legal mechanisms on any land title(s) to permanently avoid the establishment of any additional ASAN
v. subdivision within the ICB and OCB area.

c. development - Auckland International Airport
i. additions or alterations to an existing dwelling within the HANA
ii. ASAN within the MANA and the Ldn57dbA
iii. ASAN in the Centres, Mixed Use, Business and Industrial zones that is a permitted activity, controlled activity, restricted discretionary activity or discretionary activity
iv. new dwellings that do not comply with a residential density being no greater than 1 dwelling per 500m2 net site area.

3 Applications for resource consent for the following activities will be considered without public notification or the need to obtain the written approval of affected parties:
a. development and subdivision - Ardmore Aerodrome
i. alterations or additions to existing ASAN of habitable rooms and rooms for sleeping, convalescing and learning within the ANB area that complies with clause 4.4.1.2.3.1.2 and clause 4.4.1.2.3.3.
ii. a single dwelling on a site where a title was issued prior to 17 October 2007 within the ANB area that complies with clause 4.4.1.2.3.1.2 and clause 4.4.1.2.3.3
iii. alterations or additions to existing ASAN of habitable rooms and rooms for sleeping, convalescing and learning within the ICB area (i.e between Ldn60dBA-65dBA) that complies with clause 4.4.1.2.3.1.3 and clause 4.4.1.2.3.3.
iv. a single dwelling on a site where a title was issued prior to 17 October 2007 within the ICB area (i.e between Ldn60dBA-65dBA) that complies with clause 4.4.1.2.3.1.3 and clause 4.4.1.2.3.3
v. ASAN located within the Outer Control Boundary Area (OCB) Ldn55dBA-60dBA that complies with clause 4.4.1.2.3.1.4-5 and clause 4.4.1.2.3.3.
3. Development controls
General
The following development controls apply to Permitted Activities and Restricted Discretionary Activities and Discretionary Activities at Ardmore Aerodrome:
3.1 Acoustic insulation and ventilation
1. ASAN and additions and alterations to an existing ASAN of habitable rooms and rooms for sleeping, convalescing and learning in the ANB, ICB and OCB must provide sound attenuation and related ventilation and/or air-conditioning measures to ensure:
a. the internal noise environment of habitable rooms and rooms for sleeping, convalescing and learning does not exceed a maximum of Ldn 40 dBA
b. the related ventilation and /or air conditioning system(s) satisfy the requirements of New Zealand Building Code Rule G4 with all external doors of the building and all windows of the habitable rooms closed.

2. Additions and alterations to an existing ASAN of habitable rooms and rooms for sleeping, convalescing and learning in the ANB and a single dwelling unit on a site where the Certificate of Title for the site was issued prior to 17 October 2007 in the ANB must:
a. be constructed from materials and using construction methods and insulation to achieve at least a 30dBA noise reduction in all such rooms with all external doors of the building and all windows of these rooms closed; be certified by a suitably qualified and experienced person as meeting that standard to the council’s satisfaction prior to assessment as a discretionary activity; and provide a ventilation system that:
i. complies with the mechanical ventilation requirements of Part G4 of the New Zealand Building Code for buildings where all external windows and doors are closed
ii. creates no more than Leq 40 dBA in the principal living room, no more than Leq 30 dBA in the other habitable rooms, and no more than Leq 40 dBA in any hallway, in each building. Noise levels from the mechanical system(s) must be measured at least 1 metre away from any diffuser
iii. on completion of construction, the owner must provide the council with certificates prepared by suitably qualified and experienced persons certifying the acoustic treatment, sound attenuation measures and ventilation measures have been doneto achieve compliance with clauses 4.4.1.2.3.1.1 - 2
iv. does not compromise compliance with clause 4.4.1.2.3.1.1.

3. ASAN and additions and alterations to an existing ASAN of habitable rooms and rooms for sleeping or convalescing or learning in the ICB must:
a. be constructed from materials and using construction methods and insulation to achieve at least a 30dBA noise reduction in all such rooms, with all external doors of the building and all windows of these rooms closed; be certified by a suitable qualified and experienced person as meeting that standard to the council’s satisfaction prior to construction; provide a ventilation system that:
i. complies with the mechanical ventilation requirements of Part G4 of the New Zealand Building Code for buildings where all external windows and doors are closed
ii. creates no more than Leq 40 dBA in the principal living room, no more than Leq 30 dBA in the other habitable rooms, and no more than Leq 40 dBA in any hallway, in each building. Noise levels from the mechanical system(s) must be measured at least 1 metre away from any diffuser
iii. on completion of construction, the owner must provide the council with certificates prepared by suitably qualified and experienced persons certifying the acoustic treatment, sound attenuation measures and ventilation measures have been doneto achieve compliance with clauses 4.4.1.2.3.1.1 - 3
iv.does not compromise compliance with clause 4.4.1.2.3.1.1.

4. ASAN and additions and alterations to an existing ASAN of habitable rooms and rooms for sleeping, convalescing and learning in the OCB must:
a. be constructed from materials and using construction methods to achieve at least a 25dBA noise reduction in all such rooms, with all external doors of the building and all windows of these rooms closed; be certified by a suitably qualified and experiencedperson as meeting that standard to the council’s satisfaction prior to construction; provide a ventilation system that:
i. complies with the mechanical ventilation requirements of Part G4 of the New Zealand Building Code for buildings where all external windows and doors are closed; and
ii. creates no more than Leq 40 dBA in the principal living room, no more than Leq 30 dBA in the other habitable rooms, and no more than Leq 40 dBA in any hallway, in each building. Noise levels from the mechanical system(s) must be measured at least 1 metre away from any diffuser
iii. on completion of construction, the owner must provide the council with certificates prepared by suitably qualified and experienced persons certifying the acoustic treatment, sound attenuation measures and ventilation measures have been done to achieve compliance with clauses 4.4.1.2.3.1.1 - 4
iv.  does not compromise compliance with clause 4.4.1.2.3.1.1

5. Educational facilities, care centres and additions to existing educational facilities and care centres in the OCB and ICB must be constructed and maintained to achieve an interior noise environment in classrooms and all other places of learning not exceeding 35 Leq dBA 8.30am-3.30pm Monday to Friday (inclusive).

6. On completion of construction, the owner must provide the council with certificates prepared by suitably qualified and experienced persons certifying the acoustic treatment, sound attenuation measures and ventilation measures have been done to achieve compliance with clauses 4.4.1.2.3.1.1 - 4.
3.2 Affected dwellings
1. The airport authority must, if so required by the owners of the affected dwellings defined in clause 4.4.1.2.3.2.2.b below, pay for any remedial or supplementary works considered necessary to ensure the internal acoustic environment of habitable rooms in those dwellings does not exceed a maximum of Ldn 40 dBA with all external doors and windows closed, as the result of aircraft movements represented in the Air Noise Boundary noise contour as shown on District Plan Maps.

2. Where compliance with the design level relies on doors and windows being closed, alternative approved mechanical ventilation in accordance with the Building Code must be provided, subject to the following:
a. Notice of such requirement must be given in writing to the registered office of the airport authority within three months of the owners receiving written notice from the airport authority advising them of the operative date of this rule and the rights conferred by this rule.
b. The affected dwellings are deemed to be those existing habitable dwellings located within the Ldn 65dBA Air Noise Boundary contour as at 19 September 2001. Where any existing habitable dwelling is in the course of completion, extension or repair as at 19 September 2001, notice to the airport authority referred to above must be given within three months following the date on which the dwelling is certified as complete by the council pursuant to the Building Act 2004, or the date of written notice from the airport authority advising the owners of the operative date of this rule, whichever is the later.
c. Suitably qualified and experienced persons appointed by the airport authority and the council will act as the certifiers in determining the nature and extent of the remedial or supplementary works required pursuant to this rule and their determination will bind the airport authority, the council and the owners respectively in relation to their various interests pursuant to this rule.

3. Subject to the rules above, the obligations of the airport authority under this rule will not extend to any subsequent structures, alterations or additions to any of the affected dwellings commenced after 19 September 2001.
3.3 Opening windows in ASAN in ANB, ICB and OCB
1.  Opening windows are allowed in ASAN and additions and alterations to an existing ASAN of habitable rooms and rooms for sleeping, convalescing and learning in the ANB, ICB and OCB.

2.  Where non-opening windows are used in ASAN and additions and alterations to an existing ASAN of habitable rooms and rooms for sleeping, convalescing and learning in the ANB, ICB and OCB, an early warning smoke detection system must be installed and maintained within the premises, including in rooms for sleeping and exit ways, in accordance with an approved New Zealand Code or Standard or AS3786:1993. Where mechanical ventilation is provided, devices must be installed to shut down or close off the system to prevent the travel of fire and smoke products.
3.4 Noise reduction performance validation
1. A post-construction demonstration of compliance with the sound attenuation required in Part 4.4.1.2.3.1 - Acoustic insulation and ventilation, is a condition of occupancy of ASAN in the ANB, ICB and OCB and must be provided to council prior to occupancy. Compliance with the sound attenuation clause 2.2.1.1 must be achieved in the absence of any absorptive surface finishes, such as carpeting or furnishings. This performance standard will be required for each room within the residential building that is typically occupied, such as bedrooms, living rooms, dining rooms and dens. All building systems should be off during the testing to minimise background noise, including appliances and forced-air ventilation systems.

2. The post-construction performance test must be conducted in accordance with ASTM E966–04 Standard Guide for Field Measurements of Airborne Sound Insulation of Building Facades and Façade Elements to obtain proportionate bandwidth spectra, such as octave band, for the exterior and interior locations based on actual aircraft events with appropriate corrections for background noise. The term outdoor-indoor level reduction (OILR) is equivalent to the term 'noise reduction' in these rules. The exterior microphone must be situated at least 2m from reflective exterior surfaces and situated as far as possible from such surfaces to obtain a representative outdoor noise level for the residence under test.

3. The noise reduction obtained via this test standard and the approaches described above will be 'normalised' with regard to a representative spectrum for aircraft operations from Ardmore Aerodrome and not restricted to the results obtained for a limited number of aircraft events.
The following development controls apply to permitted activities, restricted discretionary activities and discretionary activities at Auckland International Airport.
3.5 Acoustic insulation and ventilation
1. In buildings containing a household unit or other ASAN, except care centres and educational facilities, the following acoustic and related treatment measures must be installed:
a. acoustic insulation and related ventilation and/or air conditioning system(s) to achieve an internal environment in all habitable rooms, with all external doors of the building and all windows of the habitable rooms closed, of Ldn40dBA;
either:
i. a mechanical ventilation system or mechanical ventilation systems capable of:
aa. providing at least 15 air changes of outdoor air per hour in the principal living room of each building and five air changes of outdoor air per hour in the other habitable rooms of each building, with all external doors and windows closed except windows in non-habitable rooms that need to be ajar to provide air relief paths
ab. enabling the rate of airflow to be controlled across the range, from the maximum airflow capacity down to 0.5 air changes (plus or minus 0.1) of outdoor air per hour in all habitable rooms
ac. limiting internal air pressure to not more than 30 Pascals above the ambient air pressure
ad. being individually switched on and off by the building occupants, in the case of each system
ae. creating no more than Leq 40 dB in the principal living room, no more than Leq 30 dB in the other habitable rooms, and no more than Leq 40 dB in any hallway, in each building. Noise levels from the mechanical system(s) must be measured at least 1m away from any diffuser.
or:
ii. air conditioning plus mechanical outdoor air ventilation capable of:
aa. providing internal temperatures in habitable rooms not greater than 25C at 5 per cent ambient design conditions as published by the National Institute of Water & Atmospheric Research (“NIWA”) (NIWA, Design Temperatures for Air Conditioning (degrees celsius), Data Period 1991–2000), with all external doors and windows of the habitable rooms closed
ab. providing 0.5 air changes (plus or minus 0.1) of outdoor air per hour in all habitable rooms
ac. each air conditioning and mechanical ventilation system must be capable of being individually switched on and off by the building occupants
ad. creating no more than Leq 40 dB in the principal living room, no more than Leq 30 dB in the other habitable rooms, and no more than Leq 40 dB in any hallway, in each building. Noise levels from the mechanical system(s) must be measured at least 1m away from any diffuser
iii. a mechanical kitchen extractor fan ducted directly to the outside to serve any cooking hob, if not already installed and in sound working order.

2. For care centres, the following acoustic and related treatment measures must be installed:
a. acoustic insulation and related ventilation and/or air conditioning systems to achieve an internal acoustic environment in each learning area (with all external doors and windows of the learning areas closed) of Ldn 40 dB; and
either:
i. a mechanical ventilation system or mechanical ventilation systems for each learning area:
aa. designed to achieve indoor air temperatures not less than 16C in winter at 5 per cent ambient design conditions as published by the National Institute of Water & Atmospheric Research (“NIWA”) (NIWA, Design Temperatures — for Air Conditioning (degrees celsius), Data Period 1991–2000)
ab. when all external doors and windows of the learning area are closed, capable of providing outdoor air ventilation at the rate of 15l air/second/m2 for the first 50m2 and 7.5l air/second/m2 of remaining area
ac. capable of enabling the rate of air flow to be controlled across the range, from the maximum air flow capacity down to 8l/second/person for the maximum number of people able to be accommodated in the learning area at one time
ad. otherwise complying with the New Zealand Standard on Ventilation for Acceptable Indoor Air Quality (NZS 4303:1990)
ae. each ventilation system must be capable of being individually switched on/off by the building occupants
af. capable of creating no more than Leq 35 dB in each learning area, and no more than Leq 40 dB in any hallway or corridor. Noise levels from the mechanical system(s) must be measured at least 1m away from any diffuser.
or:
ii. air conditioning plus mechanical outdoor air ventilation designed to provide 8l outdoor air/second/person and internal air temperatures in each learning area not greater than 27C at 5 per cent ambient design conditions as published by the National Institute of Water & Atmospheric Research (NIWA) (NIWA, Design Temperatures for Air Conditioning (degrees celsius), Data Period 1991–2000). The mechanical system must create no more than Leq 35 dB in each learning area, and no more than Leq 40 dB in any hallway or corridor. Noise levels from the mechanical system(s) must be measured at least 1m away from any diffuser. These systems must otherwise comply with the New Zealand Standard on Ventilation for Acceptable Indoor Air Quality (NZS 4303:1990).

3. For educational facilities, the following acoustic and related treatment measures must be installed:
a. acoustic insulation and related ventilation and/or air conditioning systems to achieve an internal acoustic environment in each classroom, library and hall, with all external doors and windows of the classrooms, libraries and halls closed, of Ldn 40 dB:
b. in the case of classrooms and libraries, air conditioning and/or mechanical ventilation systems for each classroom and library, that are:
i. designed to achieve indoor air temperatures not less than 16C in winter and not greater than 27C in summer at 5 per cent  ambient design conditions as published by the National Institute of Water & Atmospheric Research (NIWA, Design Temperatures for Air Conditioning (degrees celsius), Data Period 1991–2000)
ii. capable of providing outdoor air ventilation at the rate of 8 litres of air per second per person for the maximum number of people able to be accommodated in any such room at one time (“the required airflow”);
iii. capable of enabling, (in the case of classrooms or libraries in which only mechanical ventilation systems are used to satisfy the above temperature and outdoor air requirements), the outdoor airflow to be controlled across the range, from the maximum airflow capacity down to the required airflow when all external doors and windows of the classroom or library are closed;
iv. otherwise complying with the New Zealand Standard on Ventilation for Acceptable Indoor Air (NZS 4303:1990); and
v. capable of creating no more than Leq 35 dB in each classroom, no more than Leq 40 dB in each library, and no more than Leq 40 dB in any hallway or corridor. Noise levels from the mechanical system(s) must be measured at least 1 metre away from any diffuser.

c. in the case of halls:
either:
i. a mechanical ventilation system or mechanical ventilation systems for each hall capable of:
aa. providing at least 12 litres of outdoor air per second per square metre with all external doors and windows of the hall closed;
ab. enabling the outdoor airflow to be controlled across the range, from the maximum airflow down to the rate of 8 litres of outdoor air per second per person for the maximum number of occupants able to be accommodated in the hall at one time;
ac. otherwise complying with the New Zealand Standard on Ventilation for Acceptable Indoor Air Quality (NZS 4303:1990); and
ad. creating no more than Leq 35 dB in each hall, and no more than Leq 40 dB in any hallway or corridor. Noise levels from the mechanical system(s) must be measured at least 1 metre away from any diffuser.
or:
ii. air conditioning plus mechanical outdoor air ventilation designed to provide 8 litres per second per person of outdoor air, and internal air temperatures in each hall not greater than 27 degrees celsius at 5% ambient design conditions as published by the National Institute of Water & Atmospheric Research (“NIWA”) (NIWA, Design Temperatures for Air Conditioning (degrees celsius), Data Period 1991–2000). The mechanical system must create no more than Leq 35 dB in each hall, and no more than Leq 40 dB in any hallway or corridor. Noise levels from the mechanical system(s) must be measured at least 1 metre away from any diffuser. These systems must otherwise comply with the New Zealand Standard on Ventilation for Acceptable Indoor Air Quality (NZS 4303:1990).

4. The required acoustic treatment measures to achieve the acoustic noise environment specified in this rule must in each case be determined by using the Future Airport Noise Contours.

5. Upon the completion of the installation of the acoustic treatment measures in clauses 4.4.1.2.3.4.1 - 3 above, the owner must provide the Council with certificates prepared by:
a. a suitably qualified and experienced acoustical consultant certifying that the acoustic treatment measures specified for the activity in this rule are sufficient to achieve compliance with this rule and have been undertaken in accordance with sound practice; and
b. a suitably qualified and experienced ventilation engineer certifying that the ventilation measures specified for the activity in this rule are sufficient to achieve compliance with this rule and have been undertaken in accordance with sound practice.

6. Proviso: The owner must not be in breach of Part 4.4.1.2.3.4 - Noise reduction performance evaluation, where the internal acoustic controls and related ventilation terms are not met provided the relevant certificates required under clause 4.4.1.2.3.5.5 have been provided to the Council.
3.6 Discretionary activities in the MANA and Ldn57dbA area
1. Without limiting its discretion when considering any activity that is a discretionary activity in the MANA and Ldn57dbA area, the Council will be guided by the controls and terms in clause 4.4.1.2.3.1, the matters for discretion in clause 4.4.1.2.4.1.4.4 and the assessment criteria in clause 4.4.1.2.4.1.2.3.
3.7 Additions or alterations to an existing dwelling
1. Additions or alterations to an existing dwelling within the HANA must meet the development controls and any other rules applicable to permitted, controlled or restricted discretionary activities in the relevant zone.
3.8 New dwellings
1. New dwelling with a residential density being no greater than 1 dwelling per 500m2 net site area and additions and alterations to an existing dwelling within the MANA and the Ldn57dbA area must meet the development controls and any other rules applicable to permitted activities in the relevant zone.
3.9 ASAN and dwellings
1. ASAN (except as provided for in clause 4.4.1.2.3.9) and any dwelling that does not meet the residential density being no greater than 1 dwelling per 500m2 net site area within the MANA and the Ldn57dbA area must meet the development controls and any other rules applicable to permitted, controlled or restricted discretionary activities in the relevant zone.
3.10 ASAN located in Centres, Mixed Use, Business and Industrial zones
1. ASAN located in Centres, Mixed Use, Business and Industrial zones within the MANA that is a permitted, controlled, restricted discretionary or discretionary activity must meet clause 4.4.1.2.3.6 and the development controls and any other rules applicable to permitted or controlled activities in the relevant zone.
4.1 Restricted discretionary activities
4.1.1 Matters of discretion
The Council will restrict the exercise of its discretion to the general matters for development control infringements set out in clause 4.1.7.1 and the matters listed below for the relevant infringement:

1. Development-North Shore Airfield; Kaipara Flats Airfield; Whenuapai Airbase
a. ASAN and alterations/additions to existing ASAN located within the Ldn55 and 65dBA noise contours
i. The location of ASAN
ii. The measures taken to ensure occupants are adequately isolated from aircraft noise

2. Development-Ardmore Aerodrome
a. ASAN and alterations/additions to existing ASAN located within the ICB and OCB
i. Any matters for discretion applicable to the activity under any other part of the district plan.
ii. The internal noise environment of the proposed and any existing structure.
iii. The internal air quality of the proposed or any existing structure.
iv. Measures for or relating to the attenuation of aircraft noise arising in connection with Ardmore Aerodrome.
v. The imposition of an obligation not to remove any required acoustic treatment measures without the Council’s consent.
vi. The registration of a covenant on the title pursuant to s. 108 (2) (d) of the Act to secure any conditions of consent imposing an obligation of the kind described in (v) above.
vii. The nature, size and scale of the proposed development.

3. Subdivision-Ardmore Aerodrome
a. Subdivision within the ICB and OCB area
i. Any matters for discretion applicable to the activity under any other part of the district plan.
ii. Measures for or relating to the attenuation of aircraft noise arising in connection with Ardmore Aerodrome.
iii. The imposition of an obligation not to remove any required acoustic treatment measures without the Council’s consent.
iv. The registration of a covenant on the title pursuant to s. 108 (2) (d) of the Act to secure any conditions of consent imposing an obligation of the kind described in (iii) above.
v. The nature, scale and intensity of the proposed development.
vi. The location of proposed activities, including ASAN.
vii. Potential effects on Ardmore Aerodrome.

4. Development-Auckland International Airport (AIA)
a. ASAN and alterations/additions to existing dwellings within the HANA and MANA:
i. The objectives and policies of the Unitary Plan relating to Activities Sensitive to Aircraft Noise;
ii. The nature, size and scale of the proposed development.
iii. Any matters for discretion applicable to the activity under any other part of the district plan.
iv. Measures for or relating to the attenuation of aircraft noise arising in connection with the Airport.
v. The imposition of an obligation not to remove any required acoustic treatment measures without the Council’s consent.
vi. The registration of a covenant on the title pursuant to s. 108 (2) (d) of the Act to secure any conditions of consent imposing an obligation of the kind described in (e) above.
4.1.2 Assessment criteria
1. Development-North Shore Airfield; Kaipara Flats Airfield; Whenuapai Airbase
a. Whether there are sufficient acoustic insulation measures proposed in the design and siting of the ASA to ensure an internal noise environment in habitable rooms that does not exceed Ldn40dBA.
b. Whether the application contains sufficient detail on the acoustic insulation measures to show how an internal noise environment in habitable rooms that does not exceed Ldn40dBA can be met.
c. Whether the acoustic insulation measures enable reasonable use of a site without undue hardship to the occupiers.

2.  Development-Ardmore Aerodrome
a. Any assessment criteria applicable to the activity under any other part of the Unitary Plan.
b. Whether the internal noise environment of the proposed and any existing structure will provide satisfactorily levels of health, safety and amenity values to occupants.
c. Whether the internal air quality of the proposed or any existing structure will provide satisfactory health, safety and amenity values to occupants.
d. Whether the proposed measures for attenuation of aircraft noise arising in connection with Ardmore Aerodrome will satisfactorily avoid remedy or mitigate those effects.
e. Whether mechanisms are proposed which will place an obligation on owners to ensure that required acoustic treatment measures are not removed without the Council’s prior consent.
f. Whether the registration of a covenant on the title pursuant to s. 108 (2) (d) of the Act to secure any conditions of consent imposing an obligation of the kind described in (5) above are proposed.
g. Whether, having regard to all the circumstances (including location in relation to the Aerodrome, likely exposure of the site to aircraft noise, noise attenuation and ventilation measures proposed, and the number of people to be accommodated), the nature, size and scale of the proposed activity is likely to lead to potential conflict with and adverse effects upon the operation of the Aerodrome.
h. Any other relevant matter set out in s. 104 of the Resource Management Act 1991.

3. Development-Auckland International Airport (AIA)
a. Objectives and Policies of the Plan Relating to ASAN
i. Whether granting the application would be consistent with the objectives and policies of the Unitary Plan relating to the economic importance of the airport and the need to protect the Airport from the reverse sensitivity effects associated with Activities Sensitive to Aircraft Noise
Nature, Size and Scale of Proposed Development

ii. Whether the nature, size and scale of the proposed development is likely to lead to reverse sensitivity effects upon the Airport and in particular whether:
aa.. The numbers of people to be exposed to aircraft noise in the external environment as a result of the proposal and the amount of aircraft noise received at the site now and in the future will result in large numbers of people highly annoyed by that noise;
ab. The development includes amenity areas or other features that raise expectations of high levels of outdoor amenity;
ac. The nature of the development recognises the likelihood of an external environment heavily dominated by aircraft noise;
ad. There will be frequent use of the building or the external environment for sleeping, convalescing, relaxing or learning purposes where quiet environments and the ability to leave windows and doors open are valued.

b. Internal Noise Environment
i. The need to achieve an acceptable internal noise environment for habitable rooms and rooms for sleeping, convalescing or learning, and whether the proposal provides for the relevant acoustic treatment measures in clause 4.4.1.2.3.5 or suitable alternative measures; and whether the nature or degree of any non compliance with the acoustic standard in clause 4.4.1.2.3.5 is insignificant.

ii. Without limiting the generality of 4.4.1.2.4.1.2.3.b.iii, whether or not the design, construction and materials of any structure to be used would achieve an acceptable internal noise environment for habitable rooms and rooms for sleeping, convalescing or learning with all external doors and windows of the building(s) closed.

iii. Whether or not other measures are proposed to achieve an acceptable internal noise environment for all such rooms. 

c. Internal Air Quality
i. The need for adequate ventilation and for the adequate removal of cooking smells as part of any acoustic treatment measures.

d. Acoustic Treatment Measures in Additions
i. The reasonableness of requiring acoustic treatment measures (including measures for internal air quality purposes) in existing rooms, or whether such measures should be limited to the addition.

e.  Removal of Acoustic Treatment Measures
i. The desirability of ensuring required acoustic treatment measures are not removed without consent.
4.2 Discretionary activities
1. While not limiting the exercise of its discretion, the Council may consider the particular matters specified for the Discretionary activities listed below:
a. Development-Ardmore Aerodrome
ASAN and alterations/additions to existing ASAN located within the ANB, ICB and OCB

2. Internal Noise Environment
a. The need to achieve an acceptable internal noise environment for habitable rooms and rooms for sleeping, convalescing and learning, whether the proposal provides for the relevant noise reduction in  clause 4.4.1.2.3.1; and whether the nature or degree of any failure to meet the acoustic controls in clause 4.4.1.2.3.1 is insignificant.

b. Without limiting the generality of clause 4.4.1.2.4.2.2.a, whether or not the design, construction and materials of any structure to be used would achieve an acceptable internal noise environment for habitable rooms and rooms for sleeping, convalescing and learning with all external doors and windows of the building(s) closed.

c. Whether or not other measures are proposed to achieve an acceptable internal noise environment for all such rooms.

3. Internal Air Quality
a. Whether adequate ventilation as part of any acoustic treatment measures is to be provided.

4. Acoustic Treatment Measures in Additions and Alterations
a. The reasonableness of requiring acoustic treatment measures (including measures for internal air quality purposes) in existing rooms, or whether such measures should be limited to the addition.

b. Whether any circumstances exist that would make compliance with the noise reduction controls in clause 4.4.1.2.3.1 impracticable. Compliance with the noise reduction controls will take into account whether it is practicable for the noise reduction controls of clause 4.4.1.2.3.1 to be achieved in the addition or alteration, regardless of whether the remainder of the existing ASAN has achieved this noise reduction standard.

c. Whether the ASAN being added to or altered was constructed or consented to prior to the introduction of the landuse compatibility planning provisions of the Plan in October 2007 and the requirement for complying with clause 4.4.1.2.3.1 for the addition or alteration only will not achieve any appreciable noise reduction for the ASAN and /or the habitable room or room for sleeping, convalescing or learning, due to the existing absence of noise reduction measures either throughout the ASAN or the rooms that are to be altered or added to.

d. Whether the level of noise reduction by the proposed activity can be less than the level required by clause 4.4.1.2.3.1 without compromising the overall health and amenity of the occupants within the room(s).

e. Whether the level of noise reduction by the proposed activity can be less than the level required by clause 4.4.1.2.3.1 without creating or having the potential to create reverse sensitivity effects on Ardmore Aerodrome.

5. Removal of Acoustic Treatment Measures
a. The desirability of ensuring required acoustic treatment measures are not removed without consent.

6. Nature, Size and Scale of Development
a. Whether having regard to all the circumstances, including location in relation to Ardmore Aerodrome and the ANB, ICB, OCB, likely exposure of the site to aircraft noise, noise attenuation and ventilation measures proposed, and the number of people to be accommodated, the nature, size and scale of the development is likely to lead to potential conflict with and adverse effects upon Ardmore Aerodrome activities.

b. Any other relevant matter set out in s. 104 of the Resource Management Act 1991.

7. Subdivision-Ardmore Aerodrome
a. Subdivision within the ANB where the application identifies legal mechanisms on any land title(s) to permanently avoid the establishment of any additional ASAN
i. Any assessment criteria applicable to the activity under any other part of the district plan.

b. Whether mechanisms are proposed which will place an obligation on owners to ensure that required acoustic treatment measures are not removed without the Council’s prior consent.

c. Whether the registration of a covenant on the title pursuant to s. 108 (2) (d) of the Act to secure any conditions of consent imposing an obligation of the kind described in clause 4.4.1.2.4.2.7.b above are proposed.

d. Whether, having regard to all the circumstances (including location in relation to the Aerodrome, likely exposure of the site to aircraft noise, likely exposure of the proposed location of buildings to aircraft noise, noise attenuation and ventilation measures proposed, and the number of people to be accommodated), the nature, size and scale of the proposed activity is likely to lead to potential conflict with and adverse effects upon the operation of the Aerodrome.

e. Any other relevant matter set out in s. 104 of the Resource Management Act 1991.
5. Special information requirements
1. Subdivision-Ardmore Aerodrome
a. An application for subdivision within the ANB must be accompanied by:
i. description of the nature, scale and intensity of the proposed use of the site(s) to be created; and
ii. plans identifying the location of activities; and
iii. assessment of the potential effects of the proposed use(s) of the site(s) on the operations of Ardmore Aerodrome; and
iv. the identification of legal mechanisms on any land title(s) to permanently avoid the establishment of any additional ASAN;

b An application for subdivision within the ICB and OCB must be accompanied by
i. a description of the nature, scale and intensity of the proposed use of the site(s) to be created;
ii. plans identifying the location of any proposed ASAN;
iii. an assessment of the potential effects of the proposed use(s) of the site(s) on the operations of Ardmore Aerodrome.
1. Land use controls
1. Except where more restrictive provisions apply, the following rule applies to noise sensitive land uses within the City Centre Port Noise overlay.

2. Noise sensitive land uses must be designed and/or insulated so that the internal noise levels (using the corrections of Table 2 to the noise at the facade of the affected rooms) do not exceed:
Table 1
Land use/rooms Maximum internal noise level
Bedrooms and sleeping areas LAeq(1 hour) 35dB at all times
Habitable rooms (except bedrooms and sleeping areas) and classrooms LAeq(1 hour) 40dBA at all times
3. These levels must be met assuming that the noise on all facades of the building arising from port noise between midnight and 6am are those shown for that location on the overlay.
Table 2
Octave band centre frequency dB
   63  125  250  500
 1000  2000
 4000
Incident sound pressure level (dB)  65  62  60  57  55  54  53
4. Where windows or doors have to be shut to meet the levels in Table 1, the room must be provided with:
a. a mechanical ventilation system or systems capable of:
i. providing at least 15 air changes of outdoor air per hour in the principal living room of  applicable buildings and 5 air changes of outdoor air per hour in bedrooms, sleeping areas, other habitable rooms and classrooms
ii. enabling the rate of airflow to be controlled across the range, from the maximum airflow capacity down to 0.5 air changes (plus or minus 0.1) of outdoor air per hour
iii. being individually switched on and off by the building occupants, in the case of each system
iv. creating no more than LAeq 35dB in bedrooms and bedrooms and sleeping areas and no more than LAeq 40dB in the other habitable rooms, hallways of dwellings and classrooms. Noise levels from the mechanical system(s) must be measured at least 1m away from any diffuser
or

b. air conditioning plus mechanical outdoor air ventilation capable of:
i. providing internal temperatures in bedrooms, sleeping areas, habitable rooms and classrooms not greater than 25 degrees Celsius at 5 per cent ambient design conditions with all external doors and windows those  rooms closed
ii. providing 0.5 air changes (plus or minus 0.1) of outdoor air per hour in all those rooms
iii. being individually switched on and off by the building occupants
iv. creating no more than LAeq 35dB in bedrooms and no more than LAeq 40dB in the other habitable rooms,  hallways of dwellings and classrooms. Noise levels from the mechanical system(s) must be measured at least 1me away from any diffuser
and

c. a mechanical kitchen extractor fan ducted directly to the outside to serve any cooking hob, if not already installed and in sound working order in the kitchen.

5. This rule does not apply to any property where it can be demonstrated to the council by way of prediction or measurement by a suitably qualified and experienced acoustic expert that the noise from the port on the most exposed façade of the alteration or new noise sensitive land use is less than 54dB LAeq(1 hour) between midnight and 6am.

6. Noise levels must be measured in accordance with the New Zealand Standard on the Measurement of environmental sound (NZS 6801: 2008) and assessed in accordance with the New Zealand Standard on Acoustics - environmental noise (NZS 6802: 2008).
2.1 Land use control infringements
2.1.1 Matters of discretion
1. Where an activity does not comply with the land use controls in clause 4.4.1.3.1, the council will restrict its discretion to:
a. reverse sensitivity effects
b. the effects of noise of residents
2.1.2 Assessment criteria
1. Reverse sensitivity effects
a. noise sensitive land uses within the overlay should not prevent the ports from operating within the noise limits enabled in the port precinct.

2. Effects of noise on residents

1. buildings accommodating noise sensitive land uses should within the overlay should be designed to ensure residents are protected from adverse noise effects.
1. Activity table
a. The location of the electricity transmission corridor overlay must be updated if any electricity transmission line support structure is relocated or replaced.
b. The electricity transmission corridor overlay rules cease to have effect from the time the electricity transmission line is dismantled.

The following table specifies the development activities within the electricity transmission corridor.
Activities and structures
Urban zones
include the following:
• Residential and Retirement Village zones
• Future Urban zone
• Industrial and General Business zones
• Centres, Mixed Use and Business Park zones
• Special Purpose zones
• Public Open Space zones
Rural zones
include the following:
• Rural Conservation
• Rural Coastal
• Mixed Rural
• Rural Production
• Countryside Living

  Electricity Inner Transmission Corridor
Electricity Outer Transmission Corridor Electricity Rural Transmission Corridor
Alterations to existing buildings for sensitive activities that do not increase the building envelope or footprint P* NA
P*
Reuse of an existing building for the purpose of establishing a sensitive activity
NC P NC
Extensions and additions to buildings for sensitive activities within the Inner or Rural Transmission Corridor which:
i. comply with the NZECP34:2001; and
ii. do not increase the number of habitable rooms
P NA P
New buildings and structures for sensitive activities within the Inner or Rural Transmission Corridor except as provided for in (i) below: NC NA NC
i. the building or structure is less than 10m2 in area and 2.5m high
P* NA P*
New buildings in the Future Urban zone
D P* D
Rural production activities
NA NA P*
Earthworks
P P P
Activities that do not comply with the NZECP 34: 2001, or which do not meet development controls
NC NC NC
All activities, including sensitive activities, in the Outer Transmission Corridor, which comply with the NZECP 34:2001
NA P NA
All activities, including extensions and additions to buildings, but excluding sensitive activities in the Inner and Rural Transmission Corridors, which comply with the NZECP 34:2001
P NA P
Subdivision for a network utility
P P P
Lease in excess of 35 years of a building or part of a building where a cross-lease, company lease or unit title is not involved
P P P
Conversion of cross-lease to fee simple titles
C C C
Amendments to a cross-lease, including additions and alterations to buildings, accessory buildings and areas for exclusive use by an owner or owners
C C C
Cross leases, company leases, unit titles and strata-title subdivision
C C C
Boundary adjustments of less than 10% of the net site area
C C C
Subdivision around existing buildings
C C C
Subdivision in accordance with an approved land use resource consent
C C C
Creation of fee simple lots involving the location of a building platform for a sensitive activity in the Inner or Rural Transmission Corridor
NC NA NC
All other subdivision
RD RD RD

Notes
* Compliance with the NZECP34:2001 is mandatory under the Electricity Act 1992. All activities regulated by NZECP34, including any activities that are otherwise permitted by the Unitary Plan, must comply with this regulation.
2. Notification
1. Any application for a resource consent will not be notified, or served on affected persons, with the exception of Transpower New Zealand Limited, which is considered an affected party.
3. Development controls
1. Activities that do not comply with a performance standard for a permitted activity will be considered as a restricted discretionary activity, unless otherwise stated in the Activity Table.
3.1 Earthworks
1. Earthworks around poles must:
a. be no deeper than 300mm within 2.2m of a transmission pole support structure or stay wire; and
b. be no deeper than 750mm within 2.2 to 5m of a transmission pole support structure or stay wire;
except that:
c. vertical holes not exceeding 500mm diameter beyond 1.5m from the outer edge of a pole support structure or stay wire are exempt from clause 4.4.1.4.3.1.1.a and b above.

2. Earthworks around towers must:
a. be no deeper than 300mm within 6m of the outer visible edge of a transmission tower support structure; and
b. be no deeper than 3m between 6 to 12m from the outer visible edge of a transmission tower support structure.

3. Earthworks must not:
a. create an unstable batter that will affect a transmission support structure; or
b. result in a reduction in the ground to conductor clearance distances as required by NZECP34:2001.

4. Exceptions to clause 4.4.1.4.3.1.1 - 3 above:
a. earthworks undertaken by a network utility operator; or
b. earthworks undertaken as part of normal rural practices or domestic cultivation, or repair, sealing or resealing of a road, footpath or driveway.

5. Any activity, including earthworks do not physically impede existing vehicular access to a transmission line support structure on the site or an adjoining site.
4.1 Controlled activities
4.1.1 Matters of control
The council will restrict its control to the extent to which the design and construction of the subdivision allows for earthworks, buildings and structures to comply with NZECP34:2001 and maintains existing vehicular access to any transmission line support structures on the site or adjoining site.
4.2 Restricted discretionary activities - subdivision
4.2.1 Matters of discretion
The council will restrict its discretion to the following:
a. the risk to the structural integrity of the transmission line
b. the effects on the ability of the transmission line owner to operate, maintain and undertake minor upgrades to the transmission network
c. in relation to the proximity of the transmission line, the risk of electrical hazards affecting public or individual safety, and the risk of property damage and any steps taken by the landowner to mitigate these risks
d. the extent to which the design and construction of the subdivision allows for earthworks, building and structures to comply with NZECP34:2001
e. the outcome of any consultation with Transpower New Zealand Limited
f. the ability to provide a complying building platform
g. location, height, scale, orientation and use of the building/structure, as it relates to the transmission line
h. the risk of radio interference or earth potential rise
i. any amenity and/or reverse sensitivity effects
j. the economic impact on the landowner
4.3 Discretionary activities
4.3.1 Assessment criteria
The matters of restricted discretion in Part 4.4.1.4.4.2.1 will be used to guide the council in assessing any application for a discretionary activity. This is in addition to all other relevant matters under the RMA.
5. Special information requirements
1. In addition to the information requirements in the General Provisions, an electrical engineering assessment prepared by a suitably qualified person will also be required.
1. Notification
1. Council will consider an application for resource consent adjacent to a state highway without the need for public or limited notification except that limited notification may be given to NZTA.

2. Council will consider an application for resource consent adjacent to rail without the need for public or limited notification except that limited notification may be given to Kiwi Rail.
2.1 Noise
1. Except in centres and mixed use zones, where additional requirements may apply, the following rule applies to any noise sensitive land use located within the High Land Transport Noise overlay.

2. Any dwelling, habitable room, bedroom or classroom in an educational facility within the High Land Transport overlay must be designed and/or insulated, or screened by suitable barriers on the property so that the internal noise levels, using the corrections of Table 2 to the noise at the facade of the affected rooms, measured in those rooms do not exceed:

Table 1
Type of use Maximum internal noise level
Bedrooms and night wards associated with a hospital LAeq(1 hour) 35dB at all times
Habitable rooms, except bedrooms, and classrooms associated with educational facilities LAeq(1 hour) 40dBA at all times
Table 2
Designated sound source Octave band centre frequency dB

 
 
   63  125  250  500  1000
 2000
 4000
 Road  +9dB  +6dB  -4dB  -4dB  -3dB  -9dB  -17dB
 Train  +5dB  +6dB  -2dB  -3dB  -4dB  -9dB  -15dB
3. Except where noise measurements demonstrate otherwise, in determining compliance with clause 4.4.1.5.2.1, train noise will be deemed to be 72dB LAeq(1 hour) at a distance of 12m from the edge of the rail line for the purpose of compliance with the maximum internal noise levels in Table 1 and will be deemed to drop off at a rate of 3dB per doubling of distance up to 40m. The noise measurements will be made at a position representative of 1m from the most exposed façade of the building or room to be constructed and must assume that four freight trains per hour will go past that measurement point.

4. In determining compliance with clause 4.4.1.5.2.1 traffic noise will be based on a one-hour measurement of the external sound level, on a weekday between 2pm and 6pm during school term-time, at a position representative of 1m from the most exposed part of the building or room to be constructed. Noise levels must be measured under free flow traffic conditions. dB will be added to the measured level to account for possible increases in the number or type of motor vehicles and 2dB to account for possible increases in the number, type or length of trains likely to use that road or rail line in the next 10 years.
2.2 Ventilation
1. Where a new room or rooms that are additions or alterations of an existing building and increase the GFA of the building by no more than 10 per cent, those rooms must meet the ventilation requirements of the Building Code (G4) at the same time as they meet the controls in Table 1.

2. Where a new building is constructed with rooms subject to clause 4.4.1.5.2.1 or where a new room or rooms that are included in Table 1 are additions or alterations of an existing building increase the GFA of that building by more than 10 per cent the rooms must be provided with:
a. a mechanical ventilation system or systems capable of:
i. providing at least 15 air changes of outdoor air per hour in the principal living room of each building and five air changes of outdoor air per hour in bedrooms and other habitable rooms
ii. enabling the rate of airflow to be controlled across the range, from the maximum airflow capacity down to 0.5 air changes (plus or minus 0.1) of outdoor air per hour
iii. being individually switched on and off by the building occupants, in the case of each system
iv. creating no more than LAeq35dB in bedrooms and defined sleeping areas and no more than LAeq40dB in the other habitable rooms or hallways. Noise levels from the mechanical system(s) must be measured at least 1m away from any diffuser
or

b. air conditioning plus mechanical outdoor air ventilation capable of:
i. providing internal temperatures in habitable rooms not greater than 25C at 5 per cent ambient design conditions with all external doors and windows of the habitable rooms closed
ii. providing 0.5 air changes (plus or minus 0.1) of outdoor air per hour in all habitable rooms
iii. being individually switched on and off by the building occupants; and
iv. creating no more than LAeq35dB in bedrooms and defined sleeping areas and no more than LAeq40dB in the other habitable rooms, or hallways. Noise levels from the mechanical system(s) must be measured at least 1m away from any diffuser
and

c. a mechanical kitchen extractor fan ducted directly to the outside to serve any cooking hob, if an extractor fan is not already installed and in sound working order in the kitchen.
3.1 Restricted discretionary activities
3.1.1 Matters of discretion
When considering an application for restricted discretionary activity to infringe the development controls, the council will restrict it discretion to:
1. the effects of the land transport noise on the activity

2. the reverse sensitivity effects of the infringement.
3.1.2. Assessment criteria
1. The extent to which the type of activity proposed is likely to be adversely affected by the expected levels of transport noise.

2. The extent to which internal audio equipment, such as in teaching rooms, can mitigate transport noise and reverse sensitivity effects.
4. Special information requirements
1. A report prepared by a suitably qualified and experienced person demonstrating compliance with clause 4.4.1.5.2.1 prior to the construction of any building or room subject to the rule.
1. Activity table
The following table specifies the activity status of activities in the Buffer – Quarry Proximity Area overlay.
 Activity  Activity status
 Accommodation
 Dwellings  RD
 Development
 Buildings accessory to farming  P
 Buildings – all other  D
 Community facilities
 Care centres   NC
 Community facilities   NC
 Healthcare services  NC
 Education facilities   NC
2.1 Restricted discretionary activities
2.1.1 Matters of discretion
Council will restrict its discretion to: 
1. dwellings
a. location and orientation of the dwelling, residential activity and outdoor living areas
b. noise attenuation and vibration mitigation
c. reverse sensitivity effects on mineral extraction activities
d. landscaping and screening.
2.1.2 Assessment criteria
1. Dwellings 
a. Whether the location and orientation of the dwelling and outdoor living areas will ensure occupants are adequately separated and/or protected from the adverse effects of mineral extraction activities, including existing and future noise, dust and vibration, particularly in relation to transport routes.
b. Whether building design, land form modifications or planting proposals mitigate existing and future noise and visual effects of the mineral extraction activity.
c. Whether the application demonstrates sufficient acoustic insulation measures in the design of the building to ensure an internal noise environment in habitable rooms that does not exceed Ldn 40dBA.
d. Whether the building will unduly limit the operation of an existing mineral extraction activity, including its future operations, or compromise the ability to extract or provide access to identified mineral resources to provide for future needs.