Key Issues Report Notice of Requirement and Resource Consent applications for the Transmission Gully Project New Zealand Transport Authority, Porirua City Council, and Transpower NZ Limited Greater Wellington Regional Council Commissioned by the Environmental Protection Authority under Section 149G(3) of the Resource Management Act 6 September 2011 Report Author Date Tracey Grant Team Leader Contributor Date Richard Percy Senior Resource Advisor Peer Reviewer Date Alistair Cross Manager, Environment Regulation Contents 1. Purpose 1 2. Terms 1 3. Scope 1 4. Relevant plan provisions 2 5. Summary of Consents 15 6. Activity status of all proposed activities 17 7. Confirmation of the status and weighting of any relevant regional policy statement, and or relevant plan 17 8. Permitted baseline 18 9. Any other key issues 21 Appendices Appendix A - Plan Change – Draft Decision wording of Policies Appendix B – National Environmental Standards Appendix C - Permitted activities – Wellington Regional Council Plans Appendix D – Active resource consents Appendix E – Approximate location of resource consents Appendix F - Pending resource consents 1 PURPOSE 1.1 To prepare a report pursuant to section 149G(3) of the Resource Management Act 1991 (the Act) to contextualise the Transmission Gully proposal (TGP) within GW‘s planning framework and instruments and to identify any key issues. 2 TERMS Act Resource Management Act 1991 EPA Environmental Protection Authority GW Greater Wellington Regional Council KCDC Kapiti Coast District Council NES-AQ National Environmental Standards for Air Quality NES-DW National Environmental Standards for Sources of Human Drinking Water NOR Notices of Requirement NPSET National Policy Statement on Electricity Transmission NPSFM National Policy Statement for Freshwater Management NPSREG National Policy Statement for Renewable Electricity Generation NZCPS New Zealand Coastal Policy Statement 2010 NZTA New Zealand Transport Authority PCC Porirua City Council Plan Change NZTA Plan Change on Regional Freshwater Plan lodged 6 September 2011 pRPS Proposed Regional Policy Statement for the Wellington Region RAMP Regional Air Quality Management Plan for the Wellington Region RFP Regional Freshwater Plan for the Wellington Region RPS Regional Policy Statement for the Wellington Region RSP Regional Soil Plan for the Wellington Region TGP Transmission Gully Proposal UHCC Upper Hutt City Council WCC Wellington City Council 3 SCOPE 3.1 This report identifies the key issues that arise in relation to the proposal, as they relate to the land and matters within GW‘s jurisdiction, including (a) any relevant provisions of a national policy statement, a New Zealand coastal policy statement, a regional policy statement or proposed regional policy statement, and a plan or proposed plan; and (b) a statement on whether all required resource consents in relation to the proposal to which the matter relates have been applied for; and (c) if applicable, the activity status of all proposed activities in relation to the matter. (d) confirmation of the status, and weighting if proposed, of any relevant regional policy statement, and or relevant plan; and (e) detail of the permitted baseline and existing environment for the resource consents applied for within GW including: WGN_DOCS-#960551-v1 PAGE 1 OF 24 The permitted baseline, and details of any resource consents held in the area that form the existing environment within GW‘s jurisdiction. Comment on whether the proposed consents applied for within GW jurisdiction will affect any relevant existing consent holder‘s ability to implement their existing consents should the proposed consents be granted. Any other matter which is relevant to the key issues associated with the applications. 3.2 This report is not in the nature of a submission on the proposal, and does not advocate for a particular outcome. 3.3 While this report may comment on draft conditions it is not within the scope of this report to provide a detailed assessment of the proposed/draft conditions. 3.4 This report does not cover any Key Issues with regard to Transpower Transmission Line Relocation project. The applications relate solely to consents required by territorial authorities, and no regional council consents have been applied for as part of this application. 4 RELEVANT PLAN PROVISIONS 4.1 The following statutory documents and provisions are considered relevant to TGP: National Policy Statements Regional Policy Statements District Plans National Environmental Standards Others To avoid unnecessary duplication I have referred to the applicants statutory assessment, and provided further detail if considered necessary. 4.2 National Policy Statements 4.2.1 New Zealand Coastal Policy Statement 2010 (NZCPS) The NZCPS came into effect on 3 December 2010. It provides policies to achieve the purpose of the Act in relation to the coastal environment. Policies in the NZCPS address the coastal marine area and the wider coastal environment. The coastal marine area is land, water and air below mean high water springs. TGP does not directly encroach into the coastal marine area, or directly discharge into the coastal marine area, however the marine environment is the ultimate receiving environment for sediment laden water from construction of the project, and stormwater runoff from road surfaces from the operation of the project (refer Section 9.2 below). I therefore concur with the applicants comments in Section 32.4.2 of the application documents that the NZCPS is a relevant consideration. PAGE 2 OF 24 WGN_DOCS-#960551-v1 The coastal environment includes the coastal marine area but its landward boundary is not clearly defined, although criteria on its extent and characteristics are identified in Policy 1 of the NZCPS. It is difficult to provide clear guidance on whether the proposal will have a direct or indirect impact on the coastal environment. NZCPS contains 7 objectives and 29 policies. A full copy of the NZCPS and relevant objectives and policies can be viewed in detail at: http://www.doc.govt.nz/publications/conservation/marine-and-coastal/new- zealand-coastal-policy-statement/new-zealand-coastal-policy-statement-2010/. All the objectives are considered relevant to TGP. They are summarised as follows: Safeguarding and sustaining the coastal environment (Objective 1); Preserve natural character and protecting natural features and landscapes (Objective 2); Taking account of the Treaty of Waitangi and recognising Tangata whenua as kaitiaki (Objective 3); Maintaining and enhancing public open space and recreation opportunities (Objective 4); Managing coastal hazard risks (Objective 5); Enabling people and communities to provide for their social, economic and cultural wellbeing through subdivision, use and development in the coastal environment (Objective 6); and Ensuring compliance with New Zealand‘s international obligations (Objective 7). The relevant policies of the NZCPS for this proposal are detailed in Section 32.4.2 of the application. Policies that are relevant to this proposal are: Policies 1, 2, 3, 4, 5, 6, 11, 15, 18, 21, 22 and 23. I note that Section 32.4.2 does not identify the following policies: 3, 5, 11, 15 and 18. I consider Policy 3 to be relevant, as it stresses the need to adopt a precautionary approach towards proposed activities whose effects on the coastal environment are „uncertain, unknown, or little understood, but potentially significantly adverse‟. The applicants have undertaken investigations on the Porirua Harbour, in particular the processes within the Pauatahanui Inlet, and have modelled the likely impact of the proposal on the coastal environment (Technical Reports 11, 14, and 15). Due to the size of the proposal, and the stage of detailed design, there is always an element of uncertainty, and the effects on the Harbour have the potential to be significant – particularly in extreme weather events. Policy 5 is relevant as it covers land or waters managed or held under other Acts – including any acts for conservation or protection purposes. Pauatahanui Inlet is listed in the Wellington Conservation Management Strategy 1996 which was WGN_DOCS-#960551-v1 PAGE 3 OF 24 prepared under the Conservation Act 1987. The Strategy recognises the importance of the Inlet. I consider Policy 11 is relevant. Policy 11 refers to the need to protect indigenous biological diversity in the coastal environment. The Horokiri, Ration and lower Pauatahanui Streams are recognised in Policy 4.2.10 of the RFP as having a High Degree of Natural Character. These streams drain into the Pauatahanui Inlet which has many of the characteristics listed in Policy 11. The applicants have investigated the likely impacts of TGP on the coastal environment, and the results are found in Technical Reports 10, 11 and 15. Policy 15 refers to the need to protect natural features and landscapes of the coastal environment from inappropriate development. If the proposal is considered to be within the coastal environment, it is a matter for the Board to decide whether this represents appropriate or otherwise development in the coastal environment. Policy 18 recognises the need for public open space within and adjacent to the coastal marine area. This includes ensuring that the location and treatment of public open space is compatible with the natural character, natural features and landscapes, and amenity values of the coastal environment. If it is considered that the TGP traverses the coastal environment, or is visible from the coastal environment,