Urban and Services, As Adopted for Notification by Whangarei District Council on 18 April 2019
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IN THE MATTER OF the Resource Management Act 1991 AND IN THE MATTER OF Proposed Plan Changes 82A&B, 88A-J, 109, 115, 136, 143, 144, 145, 147 & 148 - Urban and Services, as Adopted for notification by Whangarei District Council on 18 April 2019. STATEMENT OF EVIDENCE BY STEPHEN L WESTGATE (Submitter No. 196) QUALIFICATIONS AND EXPERIENCE 1. I have set out my qualifications and experience in my statement of evidence relating to Norsand’s submission, no. 262. I won’t repeat them here. 2. DEFINITIONS (Whangarei District Plan) It is perhaps appropriate at the outset to refer to the definitions of the key terms relevant to this matter of airport noise control. The operative Whangarei District Plan defines: Airnoise Boundary Air Noise Boundary defines the area around Whangarei Airport within which the 24 hour daily aircraft noise exposure will be sufficiently high as to require appropriate landuse controls or other measures to avoid, remedy or mitigate any adverse effect on the environment, including effects on community health and amenity values, whilst recognising the need to operate an airport efficiently. The average night-weighted sound exposure over a 24 hour period at the Air Noise Boundary shall not exceed 65Ldn. The Air Noise Boundary shall be established in accordance with NZS6805:1992. Outer Control Boundary defines an area outside the Air Noise Boundary within which there shall be no further incompatible land uses. The predicted 3 month average night-weighted sound exposure at or outside, the outer control boundary shall not exceed 55 dB Ldn. Air Noise Margin means the area of land that lies between the Air Noise Boundary and the Outer Control boundary, as identified on Planning Map 46. The first two terms are usually referred to within this report by their acronyms – ANB and OCB. To avoid possible confusion, I should point out that the s.42A report incorrectly defines the terms as follow: the Air Noise Margin (ANM) and the OCB. The ANM defines an area within which high levels of aircraft noise (65Ldn and above) are generated. The OCB is further away from the Airport and defines and area of moderate levels of aircraft noise (55Ldn to 65Ldn). Planning Map 46R is shown in Figure 1A with an enlarged section of the locality to which I shall be primarily referring shown in Figure 1B. 1 SUMMARY OF SUBMISSION 3. My original submission, in summary form, was: (i) This submission relates specifically to my dwelling and other residential properties lying within the Outer Control Boundary (‘OCB’) at the western end of the airport runway in the Beach Road, Mistral Place, Johnson Street area (see Figures 1B and 4). (ii) The Outer Control Boundary is the predicted position of the dB55Ldn airport noise contour in 2027 as predicted in 2002, based on aircraft movements at the time and predicted growth in such movements. (iii) The location of the Outer Control Boundary as shown on proposed Resource Area Map 76R (see Figure 2) was flawed at the outset in 2002 and currently bears no relationship to the actual noise levels as monitored by acoustic consultants (see Figures 3A & 3B). (iv) It is estimated that approximately 75 dwellings lie within the OCB at the western end of the runway. Of these, only about 9 lie within the actual dB55Ldn boundary as reported in 2009 and 2014. (v) As a consequence, residents within the OCB who wish to undertake construction of a new dwelling or alterations to an existing dwelling which they may have happily occupied for over 30 years with no concern regarding aircraft noise, are faced with unnecessary resource consent process costs amounting to thousands of dollars, along with construction delays that result from the consent processing time. (vi) The assessment of environmental effects that has to accompany such a resource consent application is required to address a specific aircraft noise effect that has never existed, does not exist and is unlikely to ever exist in the future. (vii) The position of the Outer Control Boundary needs to be re-assessed and redrawn to reflect the current reality and future predictions based on the current situation. It should bear some relation to the current location of the dB55Ldn contour, which has retreated markedly since 2002, in order to avoid unnecessary compliance costs, and hence inflated building costs. S.42A RESPONSE TO SUBMISSION 4. The s.42A Report (the ‘Report’) notes that the author (Mr Badham) sought comment from an acoustic consultant, not being one who has previously been involved in acoustic monitoring at the airport and who would have perhaps been better qualified to comment on my statements. This consultant advised, as referred by Mr Badham in the Report (paras. 39 & 40), that: any re-assessment of the OCB would require a more detailed understanding of the future operations of the airport over the next ten to twenty years and that additional information to that provided by the submitters would be required to understand whether or not there is a need to amend the OCB. Mr Styles further indicates that in his opinion, the additional information required to make this assessment would include; • Predicted growth (or decline) of the airport operations generally; • Predicted growth of flight numbers; • The type of aircraft that are likely to use the airport; and • Whether flights at night time might be necessary. 2 Based on the advice received from Mr Styles that insufficient technical information has been provided to understand the effects of the relief sought, I recommend that these submission points be rejected. Mr Styles did significantly acknowledge that: “We agree that the OCB should encompass no more land than is necessary to provide for the future of the airport.” However, it is noted that any consideration of this significant sentence has been omitted by Mr Badham from the body of the s.42A Report and can only be found in Mr Styles’ Attachment (Attachment 6) to the Report. 5. Mr Badham also states that (para 38): “It appears that the submitters are seeking that the area mapped as being within the OCB be reduced to better align with the Db55Ldn contour, which they consider has retreated markedly since 2002.” Paragraph 3(vii) above states quite clearly the outcome that I and other submitters seek; and we don’t just “consider” that the dBL55 contour has retreated markedly. The retreat has been clearly shown in acoustic monitoring reports to the Council that I have quoted, viz: It is noted that these 2008 noise contours are smaller in extent than the 2006 contours on centreline. This is largely due to a reduction in aircraft activity at the airport. (Marshall Day, 2008). and It is noted that these 2012 noise contours are generally smaller in extent than the 2008 noise compliance contours on centreline. This is largely due to a reduction in aircraft activity at the airport. (Marshall Day, 2014). 6. My brief response to the advice from Mr Styles regarding additional information is that Council has commissioned numerous reports over the years, including from their acoustic consultants (Marshall Day and Beca), which essentially provide the bulk of that information considered by Mr Styles to be necessary. The reports of which I am aware are listed below. 7. By referring to relevant extracts from these reports, and making predictions based on similar assumptions as was done in 2002, I shall endeavour to provide the more detailed information as requested by Mr Styles. I believe that this information will be sufficient to warrant WDC undertaking a review of the current locations of the OCB and ANB. LIST OF REPORTS REFERRED TO BELOW AND IN ORIGINAL SUBMISSION 8. List of Reports Received by WDC on Airport and its Operations Beca 2003 Airport Planning Review: Discussion Report. Beca Planning, (2003). WDC 2005 Whangarei Airport Noise Management Plan 2005. Marshall Day 2008 Whangarei District Airport – 2008 Noise Compliance Contours, Marshall Day Acoustics, Nov 2008. Sustainable Futures 2010 Sustainable Futures 30/50 Whangarei Airport, C. Andries, March 2010 Marshall Day 2014 Whangarei Airport – 2012 Noise Compliance Contours, Marshall Day Acoustics, Jan 2014 Beca 2014 Whangarei District Airport Strategic Review, Beca Ltd, Dec 2014. 3 BACKGROUND TO SUBMISSION 9. I am aware of four property owners in my locality, including myself, who have encountered Outer Control Boundary ‘issues’ with the Whangarei District Council (the ‘Council’ or ‘WDC’) in the past 2 years. Earlier this year, at the insistence of Council, I had to prepare an Assessment of Environmental Effects for a neighbour marginally within the OCB. Because of a line drawn on a map in 2002, I had to address adverse effects that have never existed, do not exist, and are highly unlikely to ever exist. I regarded this as nothing more than an exercise in futility that cost the applicant thousands of dollars in consent and significant delays in construction. 10. I do not dispute that Council should draw up an airport noise control programme to protect the integrity and viability of the present and future airport operation. Whangarei’s airport at Onerahi is a key piece of the area’s transport infrastructure. I do not dispute that the Council should establish an ‘Air Noise Margin’ that lies between the Air Noise Boundary and the Outer Control Boundary (the ‘OCB’), and that some measure of control may be appropriate within the Air Noise Margin to prevent reverse sensitivity effects compromising the airport’s operations. This approach is consistent with that taken by many other airports around the country. 11. What does concern me is the setting of an unrealistic set of standards that property owners have to adhere to, costing them time and money.