District Plan Hauraki Gulf Islands Section - Proposed 2006
(Notified version 2006)
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Part 5 Network utility services
5.1 Introduction
5.2 Resource management issues
5.3 Objectives and policies
5.4 Resource management strategy
5.5 Rules - activities
5.6 Rules - development controls
5.7 Other requirements
5.8 Matters of discretion and assessment criteria
5.9 Relationship with rules in other parts of the Plan
5.1 Introduction
Network utility services in the islands involve a range
of utilities such as electricity, telecommunications, wastewater and
roads. Roads are addressed in this part of the Plan and are also dealt
with in further detail in Part 13 - Connectivity and linkages.
Network utility services provide an important part of
the overall physical resources for the islands. They are also a means
of providing for the economic and social wellbeing for the island communities.
The RMA has an important role by giving a framework
for providing for utility services in the district plan. This could
be by way of providing for utility services by activity status, requiring
resource consent or designation. It is also recognised that utility
operators have specific legislative rights under legislation that expressly
provides for utility services. Furthermore, in recognising other legislative
requirements and documents throughout this part, it is recognised that
the RMA is part of the overall framework that enables utility services
to be provided for the community.
The council recognises the importance of utility services
but it also recognises the need to manage the effects of utilities in
a sustainable manner that is in accordance with the RMA.
5.2 Resource management issues
The significant resource management issues which need to be addressed in the Plan are:
- How to ensure that the community needs with regard to network utility services are met.
- How to avoid, remedy or mitigate the adverse effects of network utility services on the environment.
- How to integrate network utility services within the landscape so that they do not detract from the quality of the visual
environment and heritage values.
5.3 Objectives and policies
5.3.1 Objective
To provide for the efficient establishment, operation and maintenance of network utility services in the islands.
Policies
- By providing for new network utility services.
- By providing for the continued existence, operation and maintenance of established network utility services.
- By providing for an additional broadband internet overhead distribution line on existing support poles and structures
where there are existing overhead lines.
- By recognising existing legislative provisions that apply to network utility services.
- By encouraging the co-ordination and co-location of works between network utility operators to minimise
environmental impacts and community disruption.
- By requiring network utility operators to comply with the Code of Practice for Working in the Road.
- By using the Hauraki Gulf Islands Development Code as a guideline for providing utility services for subdivision and development.
- By providing for overhead lines in the appropriate landform land units.
Explanation
The Plan provides for the establishment and continued existence, operation and maintenance of network utilities.
The council recognises the legislative rights of network
utility operators to locate their services in the road. The council
also encourages utility operators to co-ordinate and co-locate works
especially in the road where disruption can cause substantial effects
on both the community and the environment. To minimise these effects,
the council has endorsed the document Code of Practice for Working in
the Road which provides a consistent set of standards and is a partnership
agreement between councils in the Auckland region and utility operators.
Utility services located on private land will also have
to comply with the Plan.
The council also recognises the high level of technological
change and wishes to encourage the provision of high speed broadband
telecommunication services.
5.3.2 Objective
To ensure adverse effects associated with network utilities
such as noise, earthworks, odour, dust, spill lighting, air emissions,
signs, electromagnetic field emissions and radio frequency fields (RF)
are avoided, remedied or mitigated.
Policies
- By ensuring that utility services meet appropriate environmental standards so that adverse effects do not occur.
- By assessing the effect of network utility services on the environment where the standards are not met.
Explanation
Utility services have the potential to create adverse
effects. The council wishes to ensure that appropriate standards are
adopted throughout the Plan. The standards have been established to
ensure that there is minimal adverse effect on the environment. The
standards must be met during the establishment, operation and maintenance
of utility services. Should the standards not be met, resource consent
will be required to exceed the standards.
5.3.3 Objective
To ensure that the establishment of network utility
services do not detract from the visual amenity of the environment or
any heritage values.
Policies
- By requiring underground services for new subdivision and development.
- By requiring utility services to comply with part 7 - Heritage.
- By encouraging utility operators to underground existing overhead utilities where the opportunity exists for co-ordinated works
with council road works.
- By not providing for large scale aboveground and overhead utility services within the coastal and wetland or water body
protection yards.
- By providing for small scale aboveground utility services.
- By controlling large scale aboveground and overhead utility services on significant ridgelines and in land
units with high landscape value to ensure that they do not detract from
the visual amenity of the surrounding environment.
- By assessing the cumulative visual
impact of overhead utilities on the environment.
- By encouraging utility operators
to design utility services that are visually sympathetic to the environment.
- By requiring the removal of redundant
or obsolete services, particularly within the road.
- By encouraging utility operators
to provide a long term plan for undergrounding existing overhead utilities.
Explanation
Network utility equipment by its very nature is utilitarian.
Its function often dictates its size and appearance. In recognising
utility services as an essential part of the infrastructure, the council
has also identified that utility services can be visually intrusive,
especially in sensitive environments such as natural and built heritage
areas and areas of high landscape value.
Where new subdivision or development occurs undergrounding
of services is required. However, the council also recognises that there
maybe circumstances where topographical constraints, the nature of existing
development and the associated cost of undergrounding makes this impracticable.
The Plan recognises that the islands have a unique landscape
and that some utility services can detract from the visual amenity of
the landscape. The Plan requires visually significant above ground and
overhead utility services that intend to locate on the coast, ridgelines,
in the vicinity of heritage items and in areas of high landscape value
to be assessed.
The council recognises the high cost of undergrounding
existing overhead lines, but believes that it is a realistic goal to
provide for this in the medium-to-long term, particularly in the more
built up urban areas of the islands. Therefore, where the road is being
'opened' by any utility operator, additional underground ducting for
future utility services should be provided wherever practicable. While
the council cannot compel utility operators to underground existing
services, it encourages utility operators to enter into agreements such
as a memorandum of understanding with the council and provide long term
plans for undergrounding. This provides a clear commitment to the community
that there is a desire to underground existing services.
Providing for new overhead distribution lines in rural
areas is also recognised by the council as it provides significant cost
advantages. Where overhead lines are proposed to be located in sensitive
landscapes, the council exercises a greater degree of control.
There also needs to be a greater understanding that
to underground overhead services to provide better visual amenity can
be prohibitively expensive for utility operators. These high costs may
delay services to the public so that new technology may not be readily
available or may be provided at higher cost. A balance needs to be achieved
that takes into account environmental, economic and social benefits
and costs.
The council will also require the removal of redundant
or obsolete services in the road. The road is a valuable resource and
has multiple functions such as providing public amenity and open space.
The lack of road space often provides a hindrance in providing an efficient
network utility service and public amenity and open space.
The cumulative effect of aboveground and utility services
in any one location can have an adverse effect on an area. There is
a need to avoid a proliferation of separate structures and this requires
a co-operative approach so that visual impacts are avoided or minimised.
This is particularly relevant in the fast changing telecommunications
industry where sites for cellular phone towers, antennas, and wireless
internet services can be difficult to find.
There have been recent innovations particularly within
the telecommunications industry to design and install equipment which
are visually compatible with the surrounding environment. Utility services
such as metrolight poles and cell site antennas have been developed
that are small in scale and not readily noticeable. The council encourages
continued innovation to design utility services that are compatible
with the surrounding environment.
Generally, there needs to be a balance between providing
utility services and ensuring that they do not detract from the environment
in which they are located. The above policies recognise the unique nature
of utility services while ensuring that they can be established, operated
and maintained in a manner that has minor adverse effects on the environment.
5.4 Resource management strategy
The resource management strategy is to provide for the
efficient establishment, operation and maintenance of network utilities
for the islands. In particular, access to utility services of electricity,
telecommunications, roading and in some instances wastewater are essential
to the sustainability of the economic and social wellbeing of the community.
While the Plan acknowledges the need for utility services,
the Plan also seeks to ensure that any adverse effects on the environment
are avoided, remedied or mitigated. In particular, the visual amenity
of the islands is unique and the council wishes to ensure that any effects
on these qualities are avoided or minimised.
In particular, visually significant utility services
to be located in the coastal areas, significant ridgelines, areas of
high heritage or landscape value will require resource consent to assess
any effects on the environment.
The rules in the Plan and other regulatory methods such
as bylaws are the primary methods used to ensure that the establishment,
operation and maintenance of utility services do not result in adverse
effects on the environment. However, the resource management strategy
also relies on non-regulatory methods such as co-operation between utility
operators and the council when providing utility services in the road.
The council would also like to ensure co-operation between the utility
operators to co-locate wherever possible to minimise the proliferation
of services. Documents such as the Code of Practice for Working in the
Road can also deliver environmental outcomes. The council may also enter
into memorandum of understanding partnerships with utility operators.
5.5 Rules - activities
5.5.1 Activity list
The activity statuses listed in the table below apply
to network utility services in all land units, settlement areas and
formed legal roads unless otherwise stated.
Legend
P = Permitted
RD = Restricted discretionary
D = Discretionary
NC = Non-complying
Note:
- Where land is vested or dedicated as road, any
land unit or settlement area classification other than commercial 7
(wharf) will cease to have effect from the time of vesting or dedication.
However the land unit and settlement area classifications applying to
unformed legal roads as shown on the planning maps continue to have
effect.
The property boundaries and aerial photograph used
for the Great Barrier planning maps come from different data sources
which are not always possible to reconcile. Therefore, there may be
discrepancies between the location of the property boundaries, and the
land unit, settlement area and road boundaries shown on the aerial photograph.
Where the road boundaries shown on the map do not
match the aerial photograph, the rules in relation to roads will apply
to land which is both defined as road (in accordance with
Part 14 -
Definitions) and formed as road.
5.5.2 Notification requirements for restricted discretionary activities
Except as provided for by section 94C(2) of the RMA,
applications for a resource consent for a restricted discretionary activity
listed in clause 5.5.1 will be considered without public notification
or the need to obtain written approval of or serve notice on affected
persons (in accordance in with section 94D(2) and (3) of the RMA).
5.6 Rules - development controls
5.6.1 Compliance
The development controls listed in clauses 5.6.2 -
5.6.10 apply as follows:
- These clauses do not apply to network utility services located in the legal road unless the road is identified
as unformed on the planning maps. Refer to clause 5.7.4 for requirements
for any network utility services located in formed legal road.
- All other permitted activities listed
in clause 5.5.1 must comply with clauses 5.6.2 -
5.6.10.
- The development controls applying
in the land unit or settlement area in which a network utility service
is located apply only to the extent outlined in the clauses 5.6.2 -
5.6.10.
5.6.2 Height
- The following network utility services are excluded from the maximum height control applying in the land unit
or settlement area in which they are located:
- Street light poles.
- Metrolight poles.
- Telecommunication distribution lines and poles.
- Electricity distribution lines and poles.
- The following network utility services
may exceed the maximum height control applying in the land unit or settlement
area in which they are located as follows:
- A cell phone mast and attached antennas
may exceed the height limit in commercial 5 and landforms 3, 5 and 6
by a maximum of 3m.
- A cell site antenna attached to
an existing building may exceed either the maximum height for the land
unit or settlement area or the lowest point of the roof line of the
building by a maximum of 2m, whichever is the lesser.
- All other buildings associated with
network utility services must comply with the maximum height control
applying in the land unit or settlement area in which they are located.
5.6.3 Building in relation to boundary
- The following network utility services
are excluded from the building in relation to boundary control applying
in the land unit or settlement area in which they are located:
- Street light poles.
- Metrolight poles.
- Telecommunication distribution lines
and poles.
- Electricity distribution lines and
poles.
- All other buildings associated with
network utility services must comply with the building in relation to
boundary control applying in the land unit or settlement area in which
they are located.
5.6.4 Yards
- The following network utility services
are excluded from the side, rear and front yard controls, and any building
restriction yard applying in the land unit or settlement area in which
they are located:
- Street light poles.
- Metrolight poles.
- Telecommunication distribution lines
and poles.
- Electricity distribution lines and
poles.
- All other buildings associated with
network utility services must comply with the yard controls (including
any building restriction yards) applying in land unit or settlement
area in which they are located.
- All network utility services must
comply with any coastal protection yards, and wetland or water body
yards applying in the land unit or settlement area in which they are
located. (Note: an infringement of this control is a non-complying activity
as listed in clause 5.5.1).
5.6.5 Building coverage
Any building associated with network utility services
must comply with the building coverage control applying in relevant
land unit or settlement area in which it is located. However this rule
does not apply to special purpose sites created by subdivision under
clause 12.9.2.
5.6.6 Ridgeline control
Any building associated with network utility services
must comply with the ridgeline control applying in the land unit or
settlement area in which it is located.
5.6.7 Tree and vegetation removal
Any network utility service must comply with the indigenous
vegetation controls and any exotic tree protection controls applying
in the land unit or settlement area in which they are located. Refer
to clause 10c.5.3 for rules about exotic tree and indigenous vegetation
protection on legal roads.
Notes:
- Trimming of vegetation for network utility
services is also controlled by the Telecommunications Act 2001 and Electricity
Regulations 2004.
- It is the council's practice to
require network utility operators to provide a tree management plan
which is reviewed annually. Prior to any tree trimming the operator
must contact the council's arborists.
5.6.8 Noise
Any activity that generates noise must comply with the
noise standards applying in the land unit or settlement area in which
it is located, and any noise standards in part 4 - General rules.
However the noise standards do not apply to the noise
from vehicles on public roads.
5.6.9 Dust
Where any activity that generates dust, all reasonable
steps must be taken to suppress the dust.
5.6.10 Earthworks
Earthworks associated with network utility services
(including the construction of access) must comply with the earthworks
controls applying in the land unit or settlement area in which they
are located.
Earthworks associated with the use, maintenance and
upgrading of existing formed public roads are a permitted activity.
However where such earthworks are carried out, erosion and sediment
control methods must be undertaken to minimise silt runoff in accordance
with appendix 16 - Erosion and sediment control guidelines for earthworks.
5.7 Other requirements
5.7.1 Air emissions
and odour
Network utility services that generate air emissions and odour may require
resource consent from the ARC.
5.7.2 Signs,
spill lighting and radio frequency fields
The council's bylaws control the following:
- signs located on network utility structures
- spill lighting associated with network
utility services on private property
- radio frequency fields emitted from commercial
and amateur radios, television transmitters and microwave links and
cell phone repeater sites.
5.7.3 Electromagnetic
field emissions
Network utility services that generate electromagnetic
field emissions are controlled by the International Commission on Non-Ionising
Radiation Protection Guidelines 2001.
5.7.4 Roading opening notices
Any proposal to construct utility services under or
on legal road must apply for a road opening notice (RON) under the Local
Government Act 2004. The network utility operator must comply with requirements
in that Act regarding traffic safety, location and placement of structures,
occupation of the road and reinstatement. A means of compliance is meeting
the requirements of the Code of Practice for Working in the Road.
Any activity under, above or over legal road must meet
the requirements set out in clauses 5.7.1 - 5.7.3 above.
5.8 Matters of
discretion and assessment criteria
5.8.1 Matters of discretion
for restricted discretionary activities
For restricted discretionary activities the council
has restricted its discretion to considering the following matters:
- Design, external appearance and visual effects
Whether the design and external appearance of
buildings and structures are in character with the locality and its
amenity values. In particular the work should be compatible with the
neighbourhood area having regard to design, scale, colour and finishing
materials.
- Site layout and placement
Whether the utility equipment on a site or attached
to an existing building are located or placed in a manner that is subservient
to other built elements on the site. In particular, cabinets should
be screened from public view or neighbouring sites by locating them
in or behind existing buildings and screening with fencing or planting
where appropriate. Antennas on buildings should be located away from
the primary building facade and located in such a way so as to visually
integrate with the building.
- Landscaping and screening
Whether landscaping and/or screening would effectively
mitigate visual and amenity effects so that the effects of the work
are internalised on the site and do not adversely affect adjacent properties,
particularly residential and open space uses.
- Height and proportion
Whether the height of the building or structure
is in keeping with the maximum height limits for the relevant land unit
or settlement area. Structures should not appear in clear contrast with
other visual elements on the site and in the immediate environment.
In particular, slimline masts are encouraged with as narrow a profile
of equipment as possible.
- Streetscape
Whether the proposed work has adverse effects
on the streetscape by affecting the function of existing street furniture
and street trees, or requiring their removal or relocation. In particular,
any work should consider any council streetscape plans for the area.
- Access
The extent to which vehicle access is required
to the site and whether there are alternative means of access to the
site to construct, operate and maintain the utility service.
- Tree and vegetation removal
Whether trees and other vegetation need to be
removed for the construction of the utility service. In particular,
tree and vegetation removal should be kept to a minimum and, where appropriate,
screening and landscaping should be undertaken to mitigate the effects
of such removal.
- Earthworks
The degree to which earthworks are required for
the construction of the utility service. Particular attention will be
paid to erosion and sediment control measures along watercourses and
the requirement to meet earthwork standards for the relevant land unit
or settlement area.
- Other environmental effects including noise,
vibration, odour, dust, discharges to air and water, lighting and spill
lighting, hazardous substances and vehicle movements
The extent to which any adverse effect on amenities
of an area caused by nuisance matters such as noise, vibration, odour,
dust, discharges to air and water, lighting and spill lighting and hazardous
substances and vehicle movements will be kept to a minimum.
- Removal of redundant services
Whether conditions are required to address the
removal of redundant utility equipment or structures in the event that
it is on the same alignment or locality as the proposal. With respect
to utility services in legal road, reference should be made to the Code
of Practice for Working in the Road.
- Potential for undergrounding
Whether there are difficult ground conditions
or technical constraints that make placement underground unfeasible.
- Co-location
The extent to which there is potential for co-location
of utility equipment, subject to technical limitations, to minimise
the number of structures.
- Cumulative visual effects
Whether any cumulative adverse visual effects
arising from a number of utility services being located in a particular
area or of the same (or similar) services being repeated in areas of
significant amenity can be avoided, remedied or mitigated. This is particularly
relevant for overhead electricity and telecommunication lines, and masts
and antennas.
Whether any cumulative adverse visual effects
arising from both the nature of the proposed development and its widespread
location across parts, or all, of the islands can be avoided, remedied
or mitigated.
- Landforms and landscapes
Whether the proposal has the potential to adversely
affect landforms, landscapes or areas of visual amenity, particularly
where these are located on the coast (within the coastal protection
yard), visually prominent ridgelines or in outstanding natural landscapes.
- Heritage
Whether the proposal has the potential to adversely
affect any items scheduled in the Plan for their heritage value.
- Radio frequency fields
The extent to which the proposal complies with
the council's bylaw which controls radio frequency emissions.
- Electromagnetic field emissions
The extent to which the proposal complies with
the International Commission on Non-Ionising Radiation Protection Guidelines
2001.
- Overhead network utility services
Whether it is necessary to locate services overhead,
having regard to any technical constraints or ground conditions that
make placement underground unfeasible.
Whether the placement of overhead services would
have any additional adverse effects on the visual environment, amenity
values or health and safety, having regard to the level of adverse effects
caused by existing network utility services in the vicinity.
5.8.2 Assessment criteria for discretionary activities
The council's assessment of an application for a discretionary activity will include consideration of all the matters in clause 5.8.1.
5.9 Relationship with rules in other parts of the Plan
Part 14 - Definitions must be referred to as it is contains
definitions of terms used in this part of the Plan.
The following parts of the Plan should also be referred
to as they may also contain rules which apply to a particular site or
proposed network utility service:
- Part 4 General rules
- Part 6 Financial contributions
- Part 7 Heritage
- Part 8 Natural hazards
- Part 9 Hazardous facilities and contaminated land
- Part 10a Land units
Refer to clauses 5.6.2 - 5.6.7 for application of the rules from this part.
- Part 11 Settlement areas
Refer to clauses 5.6.2 - 5.6.7 for application of the rules from this part.
- Part 12 Subdivision
- Part 13 Connectivity and linkages
For the avoidance of doubt it is noted that:
- Any network utility services that are to be located on or within scheduled items (including within the scheduled
site surrounds of such items) must comply with part 7 - heritage.
- Any network utility service that involves hazardous substances must comply with Part 9 - Hazardous
facilities and contaminated land.
- Any network utility service that
generates traffic or requires carparking must comply with Part 13 -
Connectivity and linkages.
