New Plymouth District Council Submission On

FORM 5 SUBMISSION ON PROPOSED NEW PLYMOUTH DISTRICT PLAN

To: New Plymouth District Council

Submission on: New Plymouth District Plan Review

Name of Submitter: Todd Generation Limited

Address for service: [email protected]

Postal address: DLA Piper PO Box 2791 Wellington 6140

Introduction

1 This is a submission on the Proposed New Plymouth District Plan (Proposed Plan) by Todd Generation Limited (TGL).

2 TGL could not gain an advantage in trade competition through this submission.

3 The specific parts of the Proposed Plan that this submission relates to are the provisions set out in Appendix 1.

4 This submission provides the relevant context to TGL's operations, before confirming the specific Council decisions sought on the Proposed Plan.

5 This submission is separate to the submission of Todd Energy Limited, which addresses different matters.

Todd Generation

6 TGL is a 100 percent New Zealand owned and operated company, with its largest office located in New Plymouth. TGL’s business is focussed on the supply of energy, particularly the generation of electricity, to meet national demand using both traditional and innovative technologies. TGL, Nova Energy and Todd Energy are all subsidiaries of the Todd Corporation, which has been one of New Zealand’s leading companies for over 100 years.

7 TGL is associated with many electricity generation assets across New Zealand, including peaking plants, cogeneration facilities and landfill gas engines. TGL has recently acquired leading solar energy company Sunergise NZ, and (via its parent entity Todd Corporation) has an interest in New Zealand's only consented tidal energy development.

8 In the New Plymouth District, TGL operates the McKee Peaker Plant (MPP) and is constructing the Junction Road Power Plant (JRPP), with completion planned for the first half of 2020. Each of these plants has a capacity of 100 MW; a significant facility on a national scale which can produce enough electricity for 70,000 kiwi homes.

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9 The construction of peaking power plants is a significant activity. For the construction of JRPP, over 1,300 (mostly local) workers have been inducted and 85,000 site hours recorded to November 2019.

10 A further resource consent to increase the efficiency of the MPP was granted by the NPDC in September 2019. If built, this project will allow the production of a further 20 MW of electricity without any additional use of gas.

11 TGL is committed to the environmental, social and economic wellbeing of the New Plymouth District and Taranaki Region, now and into the future.

General reasons for submission

12 While much of the Proposed Plan is supported, TGL considers that the Proposed Plan does not currently recognise the significance of its assets to the economic and social wellbeing of the district and region. The Proposed Plan fails to enable TGL's future activities or sufficiently protect its current operations and allow for operational flexibility (as it proposes to do for other major facilities within the district). The primary reasons for this submission are to ensure that the provisions of the Proposed Plan:

12.1 enable TGL's operations,

12.2 promote the sustainable management of the relevant natural and physical resources,

12.3 enable the social and economic wellbeing of the people of New Plymouth, and

12.4 meet the reasonably foreseeable needs of future generations.

13 As currently drafted, the Proposed Plan does not achieve the above outcomes, and accordingly greater recognition and provision for current and future operations is sought.

Specific reasons for submission

14 Without limiting the general submission above, the specific reasons for this submission are that the MPP and, in the future, the JRPP provide significant benefits to the regional and national economy and enhance social wellbeing of communities, by

14.1 Delivering the following strategic objectives:

. Providing fast start electricity supply during peak demand periods and times of low supply availability, to support the reliability of the national grid;

. Supporting New Zealand’s transition to a low emissions economy, by ensuring efficient and reliable national grid electricity security and in turn supporting a high penetration of renewable electricity generation;

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. Continued operation in Taranaki providing employment and lifestyle opportunities;

. Continued development of efficiency and peaking capacity of its thermal plant;

. Continued regional investment in plant and infrastructure directly supporting local Taranaki businesses where practicable; and

. Regional generation capacity provides opportunities to efficiently supply local industry by minimising transmission losses.

14.2 The facilities provide peaking electricity generation capacity to support the daily and seasonal peaks of regional and national electricity demand profile.

14.2.1 Daily peaking operations involve short run times, typically coinciding with the morning and evening peak energy demands of New Zealand. The plant also runs for extended periods when power from renewable energy sources is not sufficient to meet New Zealand’s demand, such as during periods of low rainfall reducing the national water storage capacity for hydroelectric schemes or periods of low wind speeds across major windfarms.

14.2.2 MPP, and the JRPP once commissioned, use fast-start open cycle gas turbine technology to generate electricity quickly in response to both electricity demand and supply fluctuations.

14.3 The turbines are powered by the combustion of natural gas, sourced primarily from the local sources at McKee and Mangahewa Production Station.

14.4 TGL has investigated initiatives to increase the efficiency of the MPP, resulting in the granting of resource consents in 2019 for an additional zero-emissions plant extension.

14.5 MPP and JRPP sites are unique and not easily replicated regionally or nationally due to their close proximity to gas fields, direct access to high capacity gas and electricity transmission facilities and reliable water sources provided in the New Plymouth District. Suitable topography and the surrounding rural environment are also important to the successful construction, operation, maintenance and upgrade of the plants.

14.6 Considering the role that TGL's peaking generation strategy provides to the current and future low carbon electricity market needs, TGL seeks to ensure the relevant planning provisions of the Proposed Plan are effective both in supporting existing operations and facilitating future growth through adequate flexibility. TGL considers that the Rural Production Zone as proposed is not sufficiently supportive nor facilitative, and that the most appropriate way to achieve this

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outcome is to include both MPP and JRPP within the proposed Major Facilities Zone.

15 Further, TGL also seeks to ensure that the Proposed Plan enables the development of both new renewable electricity generation and emerging energy storage activities. Ensuring flexibility in the plan for these activities provides an environment where the barriers to entry for innovative technologies are low, thereby increasing the likelihood of their economic feasibility, provided that such technologies align with the strategic direction of the district.

Relief sought

16 Appendix 1 contains a schedule of the provisions supported or opposed by TGL, the relief it is seeking in respect of those provisions and the reasons for that relief. Without limiting the specificity of that table, in summary, TGL is seeking that:

16.1 its MPP and JRPP facilities are re-zoned from the Rural Production Zone to Major Facilities Zone;

16.2 related amendments to the provisions addressing matters such as noise and traffic; and

16.3 various amendments to the relevant definitions.

17 In the alternative to the rezoning of its sites to MFZ, TGL seeks specific amendments to enable its operations.

18 TGL seeks all such consequential relief required to give effect to the relief sought in Appendix 1.

19 For the Proposed Plan provisions not addressed in this submission, TGL either agrees with, or is indifferent to, the Proposed Plan provisions as written in their present form. Should the drafting subsequently change, TGL reserves its ability to file a further submission or provide further comment on those changes.

Hearing

20 TGL wishes to be heard in support of its submission. If others make a similar submission, TGL will consider presenting a joint case with them at a hearing.

Date: 22 November 2019

...... S F Quinn Counsel for Todd Generation Limited

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Appendix 1 - Specific relief sought

Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan

Zoning District Plan maps Oppose Amend zoning of MPP and JRPP from Rural TGL considers the MPP and Production Zone to Major Facility Zone as the JRPP are unique facilities per the plans provided in Appendix 2. (not easily replicated elsewhere in the country due to the confluence of electricity and gas transmission, water and rural zoning), are of a scale which is regionally and nationally significant, contribute to the economic and social wellbeing of the community and should therefore be zoned as Major Facilities.

Definitions Definition of Energy Activities Oppose Amend provision as follows: The definition excludes non- renewable energy activities means the use of land and/or buildings for: means the use of land and/or buildings for: which are included in the Energy Chapter. The • renewable electricity generation • renewable and non-renewable definition also provides a activities; and/or electricity generation activities; narrow definition of energy activities. The amended • oil and gas activities (petroleum • energy storage and distribution definition will better capture prospecting, petroleum activities; and/or existing and future energy exploration and petroleum activities that may be production).

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan undertaken in the District over • oil and gas activities (petroleum the next 10-year period. prospecting, petroleum exploration and petroleum production).

Definitions Definition of Major Facilities Oppose Amend provision as follows: TGL considers the MPP and the JRPP are facilities which means those facilities which are regionally or means those facilities which are regionally or are regionally and nationally nationally significant, and which contribute to nationally significant, and which contribute to significant which contribute to the economic and social wellbeing of the the economic and social wellbeing of the the economic and social community. In the context of the district, these community. In the context of the district, wellbeing of the community include: these include: and should be included in the definition of Major Facilities. Methanex Motunui; Methanex Motunui; It is also important to note both sites would not fit under the Methanex Waitara Valley; Methanex Waitara Valley; definition of significant McKee Mangahewa Production Station; McKee Mangahewa Production Station; hazardous facilities so are left out on a limb in the Rural Pohokura Production Station; Pohokura Production Station; Production Zone.

Omata Tank Farm; and Omata Tank Farm;

Paritutu Tank Farm Paritutu Tank Farm;

McKee Power Plant; and

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan

Junction Road Power Plant

Definitions Definition of Mining Oppose Amend provision as follows: Petroleum activities are a vital part of the Taranaki economy, means to take, win, or extract, by whatever means to take, win, or extract, by whatever are currently recognised as means: means: rural based industry in the Operative Plan and by virtue of a mineral existing in its natural state in a mineral existing in its natural state in the location of the resources land; or land; or they have to be located in rural areas. The exclusion of a chemical substance from a mineral a chemical substance from a mineral petroleum activities from the existing in its natural state in land; existing in its natural state in land.; mining definition means by but does not include: but does not include: association that they do not fall under the definition of primary a. prospecting or a. prospecting or exploration for a production (which includes exploration for a mineral mineral or chemical substance referred to mining) and by further or chemical substance in paragraph 1 or 2 above; or association means those referred to in paragraph 1 petroleum activities do not fall or 2 above; or b. petroleum prospecting, petroleum under the definitions of rural exploration or petroleum mining. industry and rural activity. b. petroleum prospecting, TGL’s power plants are located petroleum exploration or in the proposed rural petroleum mining. production zone and rely on natural gas and therefore TGL support petroleum activities

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan being recognised as a rural activity and rural industry.

Definitions Definition of Non-Renewable Electricity Support Retain Provision TGL supports the definition of Generation Activities non-renewable electricity generation activities. means the construction, operation and maintenance of structures associated with electricity generation from non-renewable energy sources, such as oil and gas.

Definitions Definition of Significant Hazardous Oppose Amend provision as follows: As an alternative to MPP and Facilities JRPP being zoned as Major The storage/use of more than 6 50 Facilities, TGL seek that the means the use of land and/or buildings (or any tonnes of LPG. definition is amended to part of) for one or more of the following provide for MPP and JRPP to activities: And, in the alternative to rezoning of the MPP be acknowledged as and JRPP sites, provide for the MPP and Significant Hazardous Manufacturing and associated storage of JRPP as significant hazardous facilities in the Facilities, noting that this is not hazardous substances (including alterative to other relief sought in respect of TGL’s preferred relief. If MPP manufacture of agrichemicals, rezoning. and JRPP are included in the fertilisers, acids/alkalis or paints). Major Facility Zone then TGL would support this definition Petroleum exploration and petroleum subject to the change to the production. LPG threshold.

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan

The storage/use of more than 100,000L TGL seek that the threshold for of petrol. storage/use of LPG is amended to 50 tonnes to align with the The storage/use of more than 50,000L lower threshold quantity for of diesel. Major Hazardous Facilities under the Health and Safety at The storage/use of more than 6 tonnes Work (Major Hazard of LPG. Facilities) Regulations 2016. Galvanising plants.

Electroplating and metal treatment.

Tanneries.

Timber treatment.

Freezing works and rendering plants.

Wastewater treatment plants.

Metal smelting and refining (including battery refining or recycling).

Milk processing plants (except where milk processing plant is specifically designed to contain and store milk so

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan that any reasonably potential spillage of milk is contained within the site of the plant until it can be disposed of to an approved wastewater system).

Fibreglass manufacturing.

Polymer foam manufacturing.

For (3) and (4), it does not include the underground storage of petrol at service stations undertaken in accordance with HSNOCOP 44 Below Ground Stationary Container Systems for Petroleum – Design and Installation and HSNOCOP 45 Below Ground Stationary Containers Systems for Petroleum – Operation.

Part 2 District UFD-13 Oppose Amend provision as follows: TGL seeks the addition of Wide Matters growth at district, regional and The district develops in a cohesive, compact and The district develops in a cohesive, compact national levels to recognise the structured way that: and structured way that: positive contributions that energy activities can make 1. maintains a compact urban form that 1. maintains a compact urban form that beyond the district. provides for connected, liveable provides for connected, liveable communities; communities;

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan 2. manages impacts on the natural and 2. manages impacts on the natural and cultural environment; cultural environment; 3. recognises the relationship of tangata 3. recognises the relationship of tangata whenua with their culture, traditions, whenua with their culture, traditions, ancestral lands, waterbodies, sites, areas ancestral lands, waterbodies, sites, and landscapes and other taonga of areas and landscapes and other taonga significance; of significance; 4. enables greater productivity and 4. enables greater productivity and economic growth; economic growth at district, regional 5. enables greater social and cultural and national levels; vitality; 5. enables greater social and cultural 6. takes into account the short, medium vitality; and long-term potential impacts of 6. takes into account the short, medium climate change and the associated and long-term potential impacts of uncertainty; climate change and the associated 7. utilises existing infrastructure and/or uncertainty; can be efficiently serviced with new 7. utilises existing infrastructure and/or infrastructure; and can be efficiently serviced with new 8. meets the community's short, medium infrastructure; and and long-term housing and industrial 8. meets the community's short, medium needs. and long-term housing and industrial needs.

Part 2 District UFD-20 Support Retain the provision. TGL supports activities that Wide Matters reduce greenhouse gas

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan emissions being recognised The benefits of activities that reduce greenhouse gas emissions are recognised. within the strategic objectives of the Proposed Plan

Part 2 District UFD-21 Oppose Amend the provision as follows: Under UFD-21, unless Wide Matters identified as a major facility, Airport, port, major facilities and large scale Airport, port, major facilities, energy the contribution of energy industrial activities are able to operate activities and large scale industrial activities activities to the economic and efficiently and effectively and the contribution are able to operate efficiently and effectively social well-being and the they make to the economic and social well- and the contribution they make to the prosperity of the district is not being and prosperity of the district is economic and social well-being and specifically recognised within recognised. prosperity of the district is recognised. the context of the strategic direction for the district. Energy activities should be specifically recognised given the positive contribution they make to the economic and social well-being and prosperity of the district.

Part 2 District UFD-22 Support Retain Provision TGL supports a strategic focus Wide Matters to ensure there is sufficient There is sufficient land for industrial activities supply of suitably located in the short, medium and long term in industrial land within the appropriate locations, including: District.

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan

1. along key transport routes to ensure efficient transportation of products and minimisation of heavy vehicles and high traffic volumes on local roads; and/or 2. areas that are separated from sensitive activities through distance and/or topography to ensure risk and/or conflict between incompatible activities is minimised.

Part 2 District UFD-23 Support Retain provision provided mining definition TGL supports primary Wide Matters is amended to remove the exclusion of production and rural industry Primary production and rural industry petroleum activities. activities being recognised for activities are able to operate efficiently and the contribution they make to effectively and the contribution they make to the economic and social the economic and social well-being and wellbeing and prosperity of the prosperity of the district is recognised district.

Energy, ENGY-O1 Support Retain Provision The use and development of Infrastructure energy resources has and Transport The significant local, regional and national significant local, regional and benefits derived from the use and development national benefits and therefore of energy resources are recognised and energy providing for energy activities activities are provided for. is well justified.

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan

Energy, ENGY-O2 Support Retain provision Energy activities do have Infrastructure technical, locational and and Transport Energy activities are designed and located to operational constraints often minimise adverse effects on communities and having to be located where the the environment while recognising their energy resource is located and technical, locational and operational close to supporting constraints infrastructure and other required resources. TGL supports this recognition within the provision and also supports the direction to design and locate to minimise adverse effects recognising the aforementioned constraints.

Energy, ENGY-P12 Support Retain provision TGL supports a permissive Infrastructure policy framework for and Transport Allow activities associated with the exploratory activities related to investigation, identification and assessment of renewable electricity potential sites and energy sources for generation. renewable electricity generation

Energy, ENGY-P13 Support Retain provision TGL supports provisions that Infrastructure allow for ongoing operations, and Transport maintenance and upgrade of

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan activities provided effects are Allow the ongoing operation, maintenance and avoided, remedied or upgrading of existing renewable electricity mitigated. generation activities, provided adverse effects are appropriately avoided, remedied or mitigated.

Energy, ENGY-P14 Support Retain provision TGL supports a permissive Infrastructure policy for small scale and Transport Allow small scale renewable electricity renewable electricity generation activities, including the export of generation. any surplus electricity to a local distribution network, while avoiding, remedying and mitigating their adverse effects on the environment.

Energy, ENGY-P15 Support Retain provision TGL supports having to Infrastructure manage structures and the and Transport Manage the location, size and height of storage of hazardous structures, setbacks from sensitive activities, substances. and storage of hazardous substances associated with renewable electricity generation activities.

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan

Energy, ENGY-P16 Oppose Amend provision as follows: The combination of ‘avoid’ Infrastructure and ‘adjacent to’ creates a very and Transport Avoid locating renewable electricity Avoid locating renewable electricity limiting policy framework for generation activities within or adjacent to: generation activities within or adjacent to: all renewable electricity generation activities, regardless outstanding natural features and outstanding natural features and of scale, which are not actually landscapes landscapes; and within outstanding natural the coastal environment; and the coastal environment.; and features or landscapes but historic heritage and scheduled historic heritage and scheduled merely adjacent to. TGL seek features features that ‘adjacent to’ is deleted.

TGL notes that ‘Scheduled features’ is not defined in the Plan but ‘identified features’ is meaning ‘any feature, item, area or landscape that is identified and mapped in the e-plan and/or that is identified and mapped by way of an Overlay Area which is described and/or managed by provisions in one of the Overlay Chapters’ This encompasses a large amount of features and not being able to locate

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan adjacent to them creates a very limiting planning framework.

Other policies in the Energy chapter refer to ‘ensuring adequate separation’ from identified features. TGL consider that ensuring adequate separation from historic heritage and identified features is a better wording for the policy. TGL seek that ‘3. historic heritage and scheduled features’ is deleted from this avoidance policy.

Energy, ENGY-P17 Support Retain Provision TGL supports the recognition Infrastructure in the policy that large scale and Transport Require large scale renewable electricity renewable electricity generation activities to demonstrate they are generation activities will have located appropriately having regard to the constraints and need to be effects of the activity, and: located near existing infrastructure and also supports 1. any locational, logistical or technical the requirement to manage constraints to developing, upgrading, effects of the activity. operating or maintaining the activity;

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan 2. the location of existing structures and infrastructure including, but not limited to, roads, navigation and telecommunication structures and facilities, and connections to distribution networks, and the efficient use of land; 3. the scale, intensity, duration or frequency of the activity’s effects; 4. the design and site layout of the activity and its ability to internalise effects; 5. earthworks and construction effects; 6. adverse amenity, visual, traffic generation, safety, light overspill, shadow and noise effects; 7. adequate separation distances from sensitive activities and identified features to ensure conflict between activities, adverse effects and reverse sensitivity effects are minimised; and 8. use of adaptive management measures.

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan

Energy, ENGY-P18 Support Retain provision TGL supports having to Infrastructure remediate structures when sites and Transport Require that all renewable electricity are decommissioned. generation structures are remediated including, but not limited, to the removal of all surface equipment, all concrete surfacing, steel and cables during decommissioning or when sites have been decommissioned.

Energy, ENGY-P19 Support Retain provision TGL supports provisions that Infrastructure allow for ongoing operations, and Transport Allow the ongoing operation, maintenance and maintenance and upgrade of upgrading of existing non-renewable activities provided effects are electricity generation activities where the avoided, remedied or effects of these works are avoided, remedied mitigated. or mitigated.

Energy, ENGY-P20 Support Retain provision TGL supports having to Infrastructure manage structures and the and Transport Manage the location, size and height of storage of hazardous structures, setbacks from sensitive activities, substances. and storage of hazardous substances associated with non-renewable electricity generation activities.

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan

Energy, ENGY-P21 Oppose Amend provision as follows: The combination of ‘avoid’ Infrastructure and ‘adjacent to’ creates a very and Transport Avoid locating non-renewable electricity Avoid locating renewable electricity limiting policy framework for generation activities within or adjacent to: generation activities within or adjacent to: all non-renewable electricity generation activities, regardless 1. outstanding natural features and outstanding natural features and of scale, which are not actually landscapes landscapes; and within outstanding natural 2. the coastal environment; and the coastal environment.; and features or landscapes but 3. historic heritage and scheduled historic heritage and scheduled merely adjacent to. TGL seek features features that ‘adjacent to’ is deleted.

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan adjacent to them creates a very limiting planning framework.

Energy, ENGY-P22 Support Retain provision. TGL supports the recognition Infrastructure in the policy that large scale and Transport Require non-renewable electricity generation non-renewable electricity activities to demonstrate they are located generation activities will have appropriately having regard to the effects of constraints and need to be the activity, and located near existing infrastructure and also supports 1. whether the location proposed enables the requirement to manage efficient and/or optimal use of the effects of the activity. energy resource;

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan 2. any locational, logistical or technical constraints to developing, upgrading, operating or maintaining the activity; 3. the location of existing structures and infrastructure including, but not limited to, roads, navigation and telecommunication structures and facilities, and connections to distribution networks; 4. the scale, intensity, duration or frequency of the activity’s effects; 5. the design and site layout of the activity and its ability to internalise effects; 6. earthworks and construction effects; 7. adverse amenity, visual, traffic generation, safety, light overspill, shadow and noise effects; 8. adequate separation distances from sensitive activities and features to ensure conflict between activities and adverse reserves sensitivity effects are minimised; and 9. use of adaptive management measures

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan

Energy, ENGY-P23 Support Retain provision TGL supports having to Infrastructure remediate structures when sites and Transport Require that all non-renewable electricity are decommissioned. generation structures are remediated including, but not limited, to the removal of all surface equipment, all concrete surfacing, steel and cables during decommissioning or when sites have been decommissioned

Energy, ENGY-P24 Support Retain provision TGL supports the protection Infrastructure for existing lawfully and Transport Ensure sensitive activities do not compromise established non-renewable or restrict the efficient operation and/or electricity generation activities maintenance of existing lawfully established from new sensitive activities non-renewable electricity generation activities which might compromise or and require that new sensitive activities be restrict their operation given appropriately located and separated from non- the significant investment that renewable electricity generation activities to is made in these activities and minimise conflict and/or reverse sensitivity the contributions they make to effects. the district, regional and national economy and the communities social wellbeing

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan

Energy, ENGY-R5 Support Retain provision TGL supports a permissive Infrastructure planning approach to small and Transport Small scale renewable electricity generation scale renewable electricity activities including operation, maintenance generation activities. and repairs and upgrading are permitted in all zones

Energy, [ENGY-R6] Oppose Amend provision as follows Exploratory wind generation Infrastructure activities only being permitted and Transport Exploratory wind generation activities are Exploratory wind generation activities are in the rural production zone permitted in the rural production zone and permitted in the rural production zone and does not align with small scale non-complying in all other zones non-complying controlled in all other zones renewable electricity generation activities being permitted in all zones. TGL seeks that exploratory wind generation activities are a controlled activity in all other zones.

Energy, ENGY-R7 Oppose Amend provision as follows: This rule would render any Infrastructure maintenance, repairs or and Transport Large scale renewable electricity generation TGL requests that there is a permitted activity upgrading a discretionary activities, including operation, maintenance status for repairs, maintenance and upgrading activity in Rural Production and repairs and upgrading. Discretionary for established activities. Zone and a non-complying activity in all other zones

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan Activity in the Rural Production Zone. Non- which is considered TGL also requests that rooftop solar energy Complying Activity in all other zones. unnecessary and inefficient installations up to 100kW are a discretionary given the level of investment activity in all zones other than residential. that will have been made.

Rooftop solar at a scale above 20kW up to 100kW making use of existing buildings should be encouraged to achieve the energy objectives of the Proposed Plan

Energy, ENGY-R8 Oppose Amend provision as follows: This rule would render any Infrastructure maintenance, repairs or and Transport Non-renewable electricity generation TGL requests that there is a permitted activity upgrading a discretionary activities, including operation, maintenance status for repairs, maintenance and upgrading activity in the Rural Production and repairs and upgrading. Discretionary for established activities. Zone and a non-complying Activity in the Rural Production Zone. Non- activity in all other zones Complying Activity in all other zones. TGL also requests a discretionary activity which is considered status for non-renewable electricity unnecessary and inefficient generation activities within the Large Format given the level of investment Retail Zone, the General Industrial Zone, the that will have been made. Airport Zone and the Hospital Zone at a capacity no greater than 10MW. In the future there could be genuine smaller scale electricity generation activities

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan e.g. reciprocating engine generation and/or small gas turbine generation (with or without heat recovery options) for industrial activities creating efficiencies in energy use.

Energy, ENGY-S3 Oppose Amend provision as follows: Solar panels on a flat roof will Infrastructure be tilted, and the top edge of and Transport 1. Solar panels must: 1. Solar panels must: the panels will be typically a. not be erected on a scheduled heritage a. not be erected on a scheduled heritage >250mm above the existing building; and building; and roof. TGL seek that b. where erected on any roof of an b. where erected on any roof of an compliance barriers to entry existing building or structure: not existing building or structure: not are reduced. exceed 250mm in height above the exceed 250mm 400mm in height existing roof or structure. above the existing roof or structure.

Energy, ENGY-S4 Support Retain provision TGL consider the standards are Infrastructure appropriate. and Transport Wind monitoring masts must comply with the following standards:

1. Minimum mast setbacks:

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan

a. from the site's boundaries: a distance of at least 10 times the mast's height (except where any adjoining site is in common ownership with the site where the turbine is located or where prior to the mast being erected, the written approval of owners and occupiers of any property that adjoins a site boundary where the minimum mast setback will not be achieved has been obtained and is clearly endorsed on all relevant building plans provided to the Council); and

2. Maximum duration of activity: five years; and/or 3. Removal of mast and all associated structures/equipment: no later than two months after the cessation of wind monitoring activities for any reason.

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan

Transport TRAN-R3 Support Retain provision TGL support permitted activity standards for electric vehicle charging stations in all zones.

General NOISE-O3 Support Retain provision The objective recognises the District-wide importance of locating new Matters activities sensitive to noise away from existing activities to reduce potential for reverse sensitivity effects.

General NOISE-S1 Oppose Amend provision as follows: TGL is not aware of any District-wide evidence to suggest the Matters Rural Production Zone Retain notional boundary approach only and Operative District Plan retain the noise limits in the Operative New provisions have been Plymouth District Plan. producing undesirable outcomes in rural areas. The proposed 40dBA night time noise limit is the same as the residential night time noise limit and does not recognise the lawfully established rural based industry that operates

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan during night time hours within the District.

General NOISE-R10 Support Retain provision TGL supports restricted District Wide discretionary status and matters Matters over which discretion is restricted.

Area Specific Overview Oppose Amend provision as follows: TGL considers the MPP and Matters. MFZ the JRPP are facilities which - Major … … are regionally and nationally Facilities Zone significant which contribute to Major facilities within the district include the Major facilities within the district include the the economic and social following facilities: following facilities: wellbeing of the community and should be included as 1. Methanex Motunui; 1. Methanex Motunui; Major Facilities. 2. Methanex Waitara Valley; 2. Methanex Waitara Valley; 3. McKee Mangahewa Production 3. McKee Mangahewa Production Station; Station; 4. Pohokura Production Station; 4. Pohokura Production Station; 5. Ōmata Tank Farm; and 5. Ōmata Tank Farm; and 6. Paritutu Tank Farm; 6. Paritutu Tank Farm; 7. McKee Power Plant; and 7. McKee Power Plant; and 8. Junction Road Power Plant. 8. Junction Road Power Plant. Area Specific MFZ-O1 – MFZ-O4 Support Retain provisions TGL supports the objectives Matters. MFZ for Major Facility Zones which

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan - Major recognise their importance to Facilities Zone the District.

Area Specific MFZ-P1 – MFZ-P9 Support Retain provisions TGL supports the policies for Matters. MFZ Major Facility Zones which - Major recognise their importance to Facilities Zone the District.

Area Specific MFZ-R1 – MFZ-R12 Support Retain provisions TGL supports the theme of the Matters. MFZ rules for Major Facility Zones - Major which support the primary and Facilities Zone ancillary activities and avoids non-compatible activities.

Area Specific MFZ-S3 Support Retain provision TGL considers the setbacks for Matters. MFZ the MFZ are appropriate for - Major MPP and JRPP should they be Facilities Zone included as MFZs.

Area Specific MFZ-S4 Support Retain provision TGL considers the landscaping Matters. MFZ requirements for the MFZ are - Major appropriate for MPP and JRPP Facilities Zone should they be included as MFZs.

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan

Area Specific MFZ Precincts Oppose Amend provisions as follows. TGL seeks the inclusion of Matters. MFZ Precinct Plans for MPP and - Major Add PREC10 - Figure 97 McKee Power Plant JRPP recognising their Facilities Zone importance to the District (see Add PREC11 – Figure 98 Junction Road Appendix 2). Power Plant

Hazardous HAZS-O1-O3 Oppose Amend provisions If MPP and JRPP are not zoned Substances as Major Facilities, TGL seek the ability to comment on the hazardous substances objectives which may be relevant to MPP and JRPP if the significant hazardous facilities definition is amended to include these facilities. If MPP and JRPP are included in the Major Facility Zone then TGL would support these objectives.

Hazardous HAZS-P1-P9 Oppose Amend provisions If MPP and JRPP are not zoned Substances as Major Facilities, TGL seek the ability to comment on the hazardous substances policies

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan which may be relevant to MPP and JRPP if the significant hazardous facilities definition is amended to include these facilities. If MPP and JRPP are included in the Major Facility Zone then TGL would support these policies.

Hazardous HAZS – R1-R12 Oppose Amend provisions If MPP and JRPP are not zoned Substances as Major Facilities, TGL seek the ability to comment on the hazardous substances rules which may be relevant to MPP and JRPP if the significant hazardous facilities definition is amended to include these facilities. If MPP and JRPP are included in the Major Facility Zone then TGL would support these rules.

Area Specific Overview Oppose Amend provision as follows: TGL seeks recognition of other Matters. RPZ - energy activities that the Rural Rural It also provides for resource extraction, such Production Zone provides for. as quarrying and oil and gas activities, other

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan Production energy activities and intensive indoor Zone farming, such as indoor poultry and pig farms

Area Specific RPROZ-O4 Oppose Amend provision as follows: TGL seek inclusion of energy Matters. RPZ - activities other than oil and gas Rural The predominant character and amenity of the being part of the predominant Production Rural Production Zone is maintained, which character of the Rural Zone includes: Production Zone.

1. extensive areas of vegetation of varying types (for example, pasture for grazing, crops, forestry and indigenous vegetation and habitat) and the presence of large numbers of farmed animals; 2. low density built form with open space between buildings that are predominantly used for agricultural, pastoral and horticultural activities (for example, barns and sheds), low density rural living (for example, farm houses and worker's cottages) and community activities (for example, rural halls, domains and schools); 3. a range of noises, smells, light overspill and traffic, often on a cyclic and seasonable basis, generated from the

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan production, manufacture, processing and/or transportation of raw materials derived from primary production; 4. interspersed existing rural industry facilities associated with the use of the land for intensive indoor farming, quarrying, oil and gas and other energy activities and cleanfills; and 5. the presence of rural infrastructure, including rural roads, and the on-site disposal of waste, and a general lack of urban infrastructure, including street lighting, solid fences and footpaths

Area Specific RPRZ-O5 Oppose Amend provision as follows: TGL seek that energy activities Matters. RPZ - are added to the provision to Rural The Rural Production Zone is a functional, recognise they are Production production and extraction orientated working predominantly located within Zone environment where primary production, the Rural Production Zone and energy activities and rural industry activities to recognise the important are able to operate effectively and efficiently, contribution they make. while ensuring that:

1. the adverse effects generated by primary production, energy activities and rural

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan industry activities are appropriately managed; and 2. primary production, energy activities and rural industry activities are not limited, restricted or compromised by incompatible activities and/or reverse sensitivity effects Area Specific RPRZ-O7 Oppose Amend provision as follows: TGL seek that energy activities Matters. RPZ - and rural industry are added to Rural Sensitive activities are designed and located to Sensitive activities are designed and located the provision to recognise they Production avoid, remedy or mitigate adverse reverse to avoid, remedy or mitigate adverse reverse can be adversely affected by Zone sensitivity effects and/or conflict with primary sensitivity effects and/or conflict with the design and location of production primary production, energy activities and sensitive activities. rural industry

Area Specific RPROZ-P2 Oppose Amend provision as follows: TGL seek that energy activities Matters. RPZ - are added to the provision to Rural Include energy activities within the list of recognise they are Production potentially compatible activities predominantly located within Zone the Rural Production Zone and are potentially compatible activities within the Rural Production Zone.

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan

Area Specific RPROZ-P3 Oppose Amend provision as follows: TGL supports avoiding Matters. RPZ - activities that will result in Rural Avoid activities that are incompatible with reverse sensitivity effects but Production role, function and predominant character of seeks the addition of lawfully Zone the Rural Production Zone and/or activities established activities to the that will result in: policy.

1. reverse sensitivity effects and/or conflict with permitted activities and/or lawfully established activities in the zone; or 2. adverse effects, which cannot be avoided, or appropriately remedied or mitigated, on: a. rural character and amenity values; b. the productive potential of highly productive soils and versatile rural land.

Area Specific RPZOZ-P6 Oppose Amend provision as follows: Consequential amendment to Matters. RPZ - other submissions on Rural Rural Ensure large-scale primary production, Production Zone objectives Production energy activities and rural industry are and policies. Zone designed and located appropriately, having regard to: ..

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan

Area Specific RPZOZ-P7 Oppose Amend provision as follows: TGL supports in part this Matters. RPZ - reverse sensitivity policy but Rural Require sensitive activities to be seeks the addition of ‘lawfully Production appropriately located and designed to established activities’ and Zone minimise any reverse sensitivity effects, risks ‘energy activities’ to the to people, property and the environment policy. and/or conflict with activities permitted and/or lawfully established in the Rural Production Zone, including by:

1. ensuring sufficient separation by distance and/or topography between sensitive activities and zone boundaries, transport networks, primary production, significant hazardous facilities, energy activities and rural industry; 2. adopting appropriate design measures to minimise the impact of off-site effects of rural industry that cannot be internalised within the rural industry activity's site; and 3. utilising landscaping, screen planting or existing topography to minimise the visual impact of rural industry.

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Topic/Section Proposed Plan Provision Support/Oppose Relief Sought Reason of Plan

Area Specific GIZ-P2 Oppose Amend provision as follows: TGL consider electricity Matters. GIZ – generation is compatible in the General Include electricity generation up to 10MW as general industrial zone. Industrial Zone a potentially compatible activity

Area Specific GIZ-R7 Support Retain provision TGL supports rural industry Matters. GIZ – being a discretionary activity in General the General Industrial Zone. Industrial Zone

Area Specific GIZ-Rules Oppose Add New Provision In the future there could be Matters. GIZ – genuine smaller scale General Add new rule including electricity generation electricity generation activities Industrial Zone activities up to a capacity of 10MW as e.g. reciprocating engine discretionary activities. generation and/or small gas turbine generation (with or without heat recovery options) for industrial activities creating efficiencies in energy use.

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Appendix 2 – Precinct Plans

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McKee Power Plant

Precinct Specific Provisions Primary ac tivities ° • Elec tric ity generatio n • Heat rec o very and energy s to rage • As s et maintenanc e and w areho us es • Infras truc ture, inc luding gas and elec tric ity trans mis s io n and dis tributio n, c o mmunic atio ns fac ilities , w ater treatment and w ater s to rage Anc illary ac tivities • Adminis trative o ffic e and c arp arking • Agric ultural, p as to ral and ho rtic ultural ac tivities Maximum heights 15m fo r s truc tures , exc ep t fo r: • Exhaus t s tac ks and heat exc hangers , up to 25m

Legend Prec inc t Water Bo dy - River/Stream # Vehic le Ac c es s Po ints Peaker Plant Gas Plant Peaker Plant Offic es Peaker Plant Po w er Dis tributio n Peaker Plant Po w er Generatio n Peaker Plant Wo rks ho p Co ns ented Energy Effic ient Pro jec t Exis ting Planting

0 15 30 60 90 120 ®A Arc haeo lo gic al Site Meters 17749-104-GIS

Junction Road Power Plant

Legend A l l a Prec inc t n

° d¸ Majo r Ac c es s Po ints Water Bo dy - River/Stream Pro p o s ed Planting Exis ting Pla5n6t3ing Gas Sup p ly Yard Offic e Po w er Dis tributio n Po w er Generatio n 565 Wo rks ho p / Wareho us e

Precinct Specific Provisions 562 Primary ac tivities • Elec tric ity generatio n • Heat rec o very and energy s to rage • As s et maintenanc e and w areho us es • Infras truc ture, inc luding gas and elec tric ity trans mis s io n and dis tributio n, c o mmunic atio ns fac ilities , w ater treatment and w ater s to rage Anc illary ac tivities • Adminis trative o ffic e and c arp arking • Agric ultural, p as to ral and ho rtic ultural ac tivities Maximum heights 15m fo r s truc tures , exc ep t fo r: • Exhaus t s tac ks and heat exc hangers , up to 25m

cess Road ¸

594

598

J u n c t io n R d

0 25 50 100 150 200 Meters 17749-103-GIS