RESOURCE MANAGEMENT ACT 1991
SECTION 32 REPORT
PLAN CHANGE 8 : ELECTRICITY TRANSMISSION
1.
INTRODUCTION
This report accompanies proposed Plan Change 8 to the Central Otago District Plan. The
Central Otago District Plan became operative on 1 April 2008.
Plan Change 8 has been initiated to give effect to the provisions of the National Policy
Statement on Electricity Transmission (NPSET) that came into effect on 10 April 2008.
In summary Plan Change 8 recognises the national benefits of electricity transmission and
provides for managing the environmental effects of electricity transmission through
providing specific recognition and provision for the transmission network in relevant
provisions of the Operative Central Otago District Plan. Plan Change 8 also manages the
adverse effects of third parties on the transmission network by adopting a corridor
management approach. Plan Change 8 amends several planning maps to ensure that all
High Voltage Lines that form part of the electricity transmission network are identified on
the relevant planning maps.
This report summarises the evaluation that has been carried out by the Central Otago
District Council pursuant to section 32 of the Resource Management Act 1991.
2.
PURPOSE OF PLAN CHANGE
The purpose of Plan Change 8 is to make amendments to various provisions of the
Operative District Plan, to give effect to the provisions of the NPSET in the context of the
Operative Central Otago District Plan. Parts 2-5 of this section 32 report have been
presented at the outset to avoid repetition in the context of addressing the various
components of Plan Change 8 in Part 6 of this report.
2.1
Achieving the Purpose of Act
The purpose of the Act is to promote the sustainable management of natural and physical
resources.
Section 5 and section 7 are relevant to Plan Change 8 that is subject to this report.
Section 5 of the Act states that:
“In this Act, sustainable management means managing the use, development, and
protection of natural and physical resources in a way, or at a rate, which enables
people and communities to provide for their social, economic, and cultural
wellbeing and for their health and safety while-
(a)
…
(c)
Sustaining the potential of natural and physical resources (excluding
minerals) to meet the reasonably foreseeable needs of future generations;
and
Avoiding, remedying, or mitigating any adverse effects of activities on the
environment.”
Section 7 of the Act states:
“In achieving the purpose of this Act, all persons exercising functions and powers
under it, in relation to managing the use, development, and protection of natural
and physical resources, shall have particular regard to…
(b)
The efficient use and development of natural and physical resources:
(c)
The maintenance and enhancement of amenity values:
…
(f)
Maintenance and enhancement of the quality of the environment:
(g)
Any finite characteristics of natural and physical resources:…”
Plan Change 8 is considered to be necessary in achieving the purpose of the Act as it will
provide for the sustainable management of the electricity transmission network, and of the
land resource. Plan Change 8 is also considered to be consistent with the matters stated in
section 7 of the Act quoted above that are relevant to the plan change. Sections 6 and 8 of
the Act, which relate to matters of national importance and the Treaty of Waitangi
respectively, are not considered to be of any particular relevance in the context of these
plan changes.
2.2
Achieving the Objective and Policies of the NPSET
Plan Change 8 gives effect to the Objective and Policies of the NPSET. It is noted that the
Objective and Policies contained in the NPSET have also been subject to a section 32
evaluation by the Minister for the Environment.
3.
CONSULTATION
Plan Change 8 has been prepared in accordance with the provisions of the First Schedule to
the Act.
The Council has consulted with those agencies nominated in clause 3 of the First Schedule,
including:
•
•
•
The Minister for the Environment.
The Otago Regional Council.
Ngai Tahu and Kai Tahu.
The Council has also consulted with Transpower New Zealand Limited which operates the
transmission network.
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This consultation occurred through correspondence which was forwarded to the agencies
concerned prior to the formal decision being taken to publicly notify proposed Plan Change
8.
It has not been possible to specifically consult with all other persons who may be affected
by Plan Change 8 which contains provisions that manage buildings, earthworks and
subdivision in close proximity to high voltage transmission lines.
In all the circumstances the preferred option has been to simply publicly notify proposed
Plan Change 8 for public response through the submission and further submission (and
appeal) process. It is emphasised that any person is entitled to make a submission in
response to proposed Plan Change 8, and any such submission will be given all due
consideration in the context of the statutory process provided for in the First Schedule of
the Act.
The Council acknowledges that section 55(2A) provides for amendments to be made to
objectives and policies without using the process in the First Schedule if so directed in the
NPSET. In this instance no such direction is given and Plan Change 8 amends a suite of
plan provisions. The First Schedule process has therefore been used pursuant to section
55(2C) of the Act.
It is anticipated that the various components of Plan Change 8 will be merged in and
become part of the Operative District Plan following the formal approval by the Council,
subsequent to the submission and (any) appeal process.
4.
EVALUATION OF ALTERNATIVES, BENEFITS AND COSTS
Statutory Context
Section 32(1) of the Act requires that before a plan change is publicly notified, an
evaluation must be carried out by the local authority with respect to the plan change.
Section 32(3) states that:
“An evaluation must examine(a)
the extent to which each objective is the most appropriate way to achieve
the purpose of the Act; and
(b)
whether, having regard to their efficiency and effectiveness, the policies,
rules, or other methods are the most appropriate for achieving the
objectives.”
Section 32(4) requires that:
“For the purposes of the examinations referred to in subsections (3)…, an
evaluation must take into account(a)
the benefits and costs of policies, rules, or other methods; and
(b)
the risk of acting or not acting if there is uncertain or insufficient
information about the subject matter of the policies, rules, or other
methods.”
Section 32(5) requires that the person carrying out an evaluation must prepare a report
summarising the evaluation and giving reasons for that evaluation; and section 32(6)
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requires that the report be available for public inspection at the same time as the plan
change to which the report relates is publicly notified.
The Council’s evaluation has identified and assessed various alternatives to each
component of the plan change. These include:
4.1. Status quo.
4.2. Take no action.
4.3. Use of alternative and non-regulatory methods.
4.4. Initiate plan change.
Each of these alternatives has been assessed on the basis of the following, for each
component of proposed Plan Change 8.
•
Whether method most appropriate
•
Efficiency
•
Effectiveness
•
Environmental Benefits
•
Environmental Costs
•
Economic and Social Benefits
•
Economic and Social Costs
•
Appropriateness
The Council’s overall conclusion in each instance, is that each component of Plan Change
8 is the most appropriate alternative.
5.
RISK OF ACTING/NOT ACTING
The risk of not acting at this time is significant, as effect must be given to the NPSET. The
risks of acting are not considered significant, as the amendments are consistent with the
purpose of the Act and the Council’s functions in terms of section 31, and give effect to the
NPSET.
6.
SPECIFIC COMPONENTS OF THE PLAN CHANGE
6.1
Recognition and Provision for Transmission Network
Plan Change 8 recognises the national benefits of electricity transmission and provides for
managing the environmental effects of electricity transmission through providing specific
recognition and provision for the transmission network in relevant provisions of the
Operative Central Otago District Plan.
This is achieved through amendments to Clause 2.6.2(vi) in Section 2; Section 13 :
Infrastructure, Energy and Utilities; and Section 18 : Definitions of the Operative Central
Otago District Plan. These amendments are identified as Items 1, 4 and 5 in Plan Change 8
: Electricity Transmission.
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Section 2 of the District Plan relates to The Resources and Significant Resource
Management Issues of the District and Clause 2.6.2(vi) relates specifically to Energy
Distribution and Reticulation. Currently this clause makes reference to the “National Grid”
and Plan Change 8 inserts the term “transmission network” to better reflect the terminology
used in the NPSET.
Section 13 : Infrastructure, Energy and Utilities deals with the effects of the development
and operation of utilities. Plan Change 8 amends various provisions contained in Section
13 to include specific references to the transmission network and amends other provisions,
consistent with the NPSET.
Section 18 contains Definitions of terms used in the Operative Central Otago District Plan.
Plan Change 8 provides for the insertion of a definition of the term “Transmission
network”, and such definition confirms that the transmission network means the national
grid in its entirety.
Evaluation of Alternatives, Benefits and Costs
The status quo and taking no action is not considered appropriate, having regard to the
provisions of the NPSET. Plan Change 8 makes specific provision for the transmission
network in the context of relevant provisions including Clause 2.6.2(vi) in Section 2,
Section 13 : Infrastructure, Energy and Utilities and Section 18 : Definitions. Alternative
and non-regulatory methods are not considered appropriate given the suite of provisions
relating to utilities which exist in the Operative District Plan.
Plan Change 8 will be efficient and effective as it provides for the transmission network to
be specifically recognised and provided for without duplicating existing plan provisions.
The proposal will have environmental, economic and social benefits by recognising the
national significance of the electricity transmission network in objectives, policies,
methods, rules and other provisions of the Central Otago District Plan. Any environmental,
economic and social costs associated with Plan Change 8 are considered to be no more than
minor. Plan Change 8 is considered to be the most appropriate method to achieve the
purpose of the Act, and is the most appropriate alternative. In particular Plan Change 8 is
considered superior to the alternative of providing for the transmission network in a
separate Section of the Central Otago District Plan.
6.2
Corridor Management Approach
Plan Change 8 provides for the management of the corridor through which high voltage
transmission lines that form part of the transmission network pass. The plan change
amends Section 12 : District Wide Rules and Performance Standards to introduce a suite of
provisions including an amendment to the Introduction, an Issue, an Objective, and a
Policy that relate to Transmission Lines. Plan Change 8 also inserts a new Rule 12.7.8 that
controls activities in close proximity to any high voltage transmission line that is designed
to operate at or over 110kV as follows:
•
Any building within 12 metres of the line is to be a non-complying activity.
•
Any residential building, educational facility, resthome or hospital within 32 metres of
the line is to be a non-complying activity.
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•
Any other building to be erected between 12 and 32 metres of the line is to be a
discretionary (restricted) activity.
•
Any earthworks within 12 metres of the line or within 12 metres of the outer visible
edge of the tower support structure is to comply with standards specified in the rule,
with any breach to be a discretionary (restricted) activity.
•
Any subdivision within 32 metres of the line is to be a discretionary (restricted)
activity.
The new Rule 12.7.8 states the matters that discretion is restricted to for discretionary
(restricted) activities; and notes that the status of subdivision is also determined by the rules
that apply to subdivision in the Resource Area concerned. Rule 4.7.6A(g), being a rule that
relates to Transmission Lines in the Rural Resource Area, is amended to confirm that
separation distances are now to be in accordance with Rule 12.7.8.
The corridor management approach is provided for in Items 2 and 3 of Plan Change 8 :
Electricity Transmission.
Evaluation of Alternatives, Benefits and Costs
The status quo and taking no action is not considered appropriate, having regard to the
provisions of the NPSET. The new Rule 12.7.8 has been developed in consultation with
Transpower New Zealand Limited and is consistent with Transpower’s recommended
standards for corridor management. In particular the retention of Rule 4.7.6A(g) in its
present form is inappropriate as the 20 metre corridor specified in that rule is inconsistent
with corridor dimensions now recommended by Transpower.
The Operative District Plan provides for buildings on land in the Rural Resource Area
adjacent to high voltage transmission lines to be controlled. Plan Change 8 provides for
this approach across the District. Alternative and non-regulatory methods are not
considered appropriate methods to achieve control of buildings, sensitive land use
activities, earthworks and subdivision in close proximity to high voltage transmission lines.
Such high voltage transmission lines are those designed to operate at or over 110kV, and
this is consistent with Rule 4.7.6A(g) in its current form.
Plan Change 8 will be efficient and effective as it provides for the corridor management
approach to be achieved through Section 12 : District Wide Rules and Performance
Standards, rather than replicating these provisions in the rules and other provisions which
apply in the context of individual Resource Areas. A generic approach is more efficient
than the alternative of providing rules and other provisions in the context of each specific
Resource Area.
The proposal will have environmental, economic and social benefits by providing for the
efficient use of the transmission network and of the land resource. Plan Change 8 provides
for activities in close proximity to transmission lines forming part of the transmission
network to be managed to avoid adverse effects in terms of reverse sensitivity and in terms
of compromising the operation, maintenance, upgrading and development of the
transmission network. Again it is noted in this context that the dimensions stated in Rule
12.7.8 are consistent with those recommended by Transpower, the operator of the
transmission network. Any environmental, economic and social costs associated with Plan
Change 8 are considered to be no more than minor. Plan Change 8 is considered to be the
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most appropriate method to achieve the purpose of the Act and to give effect to the
NPSET, and is the most appropriate alternative.
6.3
Identification on Planning Maps
Policy 12 of the NPSET requires that territorial authorities must identify the electricity
transmission network on the relevant planning maps whether or not the network is
designated. Identification on Planning Maps 34, 44, 45 and 68 by way of the High Voltage
Lines notation is provided for in Items 6, 7, 8 and 9 of Plan Change 8 : Electricity
Transmission.
High voltage lines are identified by notation on the planning maps which form part of the
Operative Central Otago District Plan. As a consequence the Operative District Plan is
consistent with Policy 12 of the NPSET. An audit of the planning maps has identified that
portions of existing high voltage lines have been omitted from Maps 34, 44, 45 and 68.
Plan Change 8 amends Maps 34, 44, 45 and 68 to show High Voltage Line notations to
coincide with the location of the existing high voltage lines. It is noted that the High
Voltage Line notations omitted from Maps 44 and 45 were shown on the publicly notified
Proposed District Plan in 1998 but were incorrectly omitted from Maps 44 and 45 when the
Central Otago District Plan became operative in 2008. The High Voltage Lines notations
were omitted in error from Maps 34 and 68 in the publicly notified Proposed District Plan.
Evaluation of Alternatives, Benefits and Costs
The status quo and taking no action is not considered appropriate, having regard to the
NPSET requirement that territorial authorities must identify the electricity transmission
network on the relevant planning maps. The Operative District Plan identifies High
Voltage Lines notations on relevant planning maps. Plan Change 8 amends Maps 34, 44,
45 and 68 to ensure that all existing high voltage lines are identified. Given that high
voltage lines are identified by notation on the planning maps alternative and non-regulatory
methods are not appropriate. Plan Change 8 is considered to be the most appropriate way
to achieve the purpose of the Act. Plan Change 8 will be efficient and effective as it will
provide for all existing high voltage lines to be identified by notation on the relevant
planning maps.
The proposal will have environmental, economic and social benefits by providing for the
efficient use of the transmission network and the land resource. Plan Change 8 corrects
omissions on Maps 34, 44, 45 and 68 by identifying all existing high voltage lines by
notation. Any environmental, economic and social costs associated with Plan Change 8 are
considered to be no more than minor. Plan Change 8 is considered to be the most
appropriate method to achieve the purpose of the Act and to give effect to the NPSET, and
is the most appropriate alternative. In essence Plan Change 8 ensures that all existing high
voltage lines that form part of the transmission network are identified by notation on the
relevant planning maps in the Central Otago District Plan.
7.
CONCLUSION
The Council has conducted an evaluation of alternatives in terms of section 32 of the Act.
This evaluation has found that Plan Change 8 is appropriate, and is proposed to be included
in the Operative District Plan.
The provisions contained in Plan Change 8 are considered to be efficient, effective and
appropriate, and will impose minimum costs on the community whilst achieving benefits
which are consistent with the purpose and principles of the Act and with the relevant
Objective and Policies of the NPSET. Plan Change 8 will give effect to the NPSET which
came into effect on 10 April 2008.
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