Attachment XX – Post-hearing track changes

- Black text – text agreed between the Council and Submitters - Red text - text preferred by Council and not agreed to by the Operator - Green text – text preferred by the Operator and not agreed to by

North Harbour Stadium and Domain Precinct

Precinct Description

The North Harbour Stadium and Domain Precinct provides specific planning controls for the use of North Harbour Stadium and Domain. The North Harbour Stadium and Domain occupy 23 hectares of land.

The underlying zoning of the land within the North Harbour Stadium Precinct is the Major Recreation Facility Zone. Refer to the planning maps for the location and extent of the precinct.

Objectives 1. North Harbour Stadium and Domain Precincts primary activity as a regionally and nationally important venue for:  Organised sports and recreation;  Informal recreation  Concerts, events and festivals;  Markets, fairs and trade fairs;  Functions, conferences, gatherings and meetings;  Displays and exhibitions is recognised, maintained and enabled.

2. A range of activities compatible with or accessory to the primary activity are enabled to acknowledge the North Harbour Stadium and Domain Precinct’s multi- use functionality.

3. The adverse effects of the operation of the North Harbour Stadium Precinct are avoided, remedied or mitigated to the greatest extent practicable recognising that the primary activity will by virtue of its nature, character, scale and intensity, generate adverse effects on surrounding land uses which are not able to be fully internalised.

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Policies

1. Enable the safe and efficient operation of the North Harbour Stadium and Domains Precinct for its primary activity.

2. Protect the primary activity of the North Harbour Stadium and Domain Precinct

3. Enable a range of activities compatible with or accessory to the primary activity where they are of a character and scale which will not displace the primary activity

4. Manage the adverse effects of the operation of the North Harbour Stadium and Domain precinct having regard to the amenity of the surrounding environment.

5. Recognise that the precinct's primary or compatible activities may generate adverse effects that are not able to be fully internalised and need to be further mitigated by limiting or controlling their scheduling, duration and frequency.

6. Recognise the potential for reverse sensitivity effects to arise and require new activities that are likely to be sensitive to the effects generated by the North Harbour Stadium Precinct to manage the risk of generating reverse sensitivity effects including through their location, design and operation Comment [CS1]: RFA – If Reverse Sensitivity Policy is not retained in Precinct Rules the Zone or in the event that the MRF Zone is not retained then RFA seek 1. The rules in this section implement the objectives and policies in Chapter X.X, this Policy be included within the Precinct section X.X. provisions. Council agree 2. The Auckland wide rules apply to the North Harbour Precinct except: with this view. Comment [CS2]: To a. The temporary activity rules; be updated once new b. Noise; chapters and section numbers are known. c. Lighting rules d. For permitted activities: i. The parking rules (H.1.2.3.2 tables 2 – 5). ii. The trip generation rule (H.1.2.3.1)

3. Activity Table

Activity Activity Status

Any activity not otherwise provided for D

Any activity that does not comply with a traffic management land use C control

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Primary activities: P  Organised sports and recreation  Informal recreation  Concerts, events and festivals  Displays and exhibitions  Functions, gatherings, conferences and meetings  Markets, fairs and trade fairs  Professional pyrotechnic displays

Accessory activities P

Compatible activities

 Sports, recreation and community activities P  Professional pyrotechnic displays  Filming activities

Development

Any new building or external alteration or addition to a building for a P primary, compatible or accessory activity

Any new building or external alteration or addition to a building excluding RD any temporary building located within an interface control area of:  10m of a road

Demolition of buildings P

Temporary buildings and structures P

Workers accommodation P

4. Notification 1. Any otherwise permitted or restricted discretionary activity and/or development that does not comply with noise and/or lighting and/or special noise and lighting event controls will be subject to the normal tests for notification under the relevant sections of the RMA.

2. Any new building or external alteration or addition to a building that does not comply with the permitted standard of rule 6.2 or rule 6.3 will be subject to the normal tests for notification under the relevant sections of the RMA.

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5. Land Use Controls

5.1 Number of Special Noise and Lighting Events

1. The maximum number of Special Noise and/or Lighting Events shall be as per the table below. 2. For the purpose of this rule Special Noise Events are any activity that exceeds the standard noise controls but comply with the Special Noise Event controls, excluding professional pyrotechnic displays and helicopter flights. 3. For the purpose of this rule Special Lighting Events are any activity that exceeds the standard lighting controls but comply with the Special Lighting Event controls excluding professional pyrotechnic displays. 4. Special Noise Events may occur consecutively over a day or days, but may not exceed the total number of Special Noise Events allowed in any 12 month period. 5. There shall be no more than 2 Special Noise Events on any one day. 6. There shall be no more than 4 Special Noise Events within any 2 week period. 7. A single Special Noise Event shall be limited to a total duration of 4 hours. Any Special Noise Event lasting longer than 4 hours shall be counted as 2 Special Noise Events.

Special Noise Special Lighting Events Events Number of events in any 12 month 16 21 period

5.2 Noise 1. Standard Noise Limits a. The noise (rating) level from any activity other than the public address system and other than Special Noise Events within the North Harbour Stadium must not exceed the following limits when measured at any measurement location as specified in this rule:

Time of day Noise limit

8.00 am – 10.30 pm 55dB LAeq

At all other times 40dB LAeq and 75dB LAmax(T) i. Noise levels shall be measured in accordance with NZS 6801:2008 Acoustics – Measurement of Environmental Sound and assessed in accordance with NZS 6802:2008 Acoustics – Environmental Noise. ii. The prescribed time frames for the purpose of assessment according to NZS6802:2008 shall be the timeframe for which any particular noise limit applies.

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b. The noise (rating) level from the public address system when used for any purpose other than Special Noise Events or emergencies within the North Harbour Stadium shall not exceed the following limits when measured at any measurement location as specified in this rule:

Time of day Noise limit

8.00 am – 11.30 pm 69 dB LAeq(5minT) and 80dB LAmax(T) At all other times Public Address system not to be used i. Noise levels shall be measured in accordance with NZS 6801:2008 Acoustics – Measurement of Environmental Sound and assessed in accordance with NZS 6802:2008 Acoustics – Environmental Noise.

ii. No 5 minute measurement sample shall exceed the stated LAeq limit. iii. An adjustment must not be applied to amplified music or amplified voice sounds containing special audible characteristics (with respect to section 6.3 of NZS6802:2008) but other sources of sound may have an adjustment applied if necessary in accordance with the same section. iv. Crowd noise is to be excluded from any assessment of compliance with these limits.

2. Special Noise Events a. The noise (rating) level from Special Noise Events (including sound checks) within the North Harbour Stadium shall not exceed the following limits when at any Measurement Location as specified in this rule:

Special Noise Event Noise limit

Up to 6 Special Noise Events in any 12 month period starting 82dB LAeq(5min) no earlier than 10:00am and finishing by 11:30pm

Up to 10 Special Noise Events in any 12 month period 82dB LAeq(5min) starting no earlier than 10:00am and finishing by 11:00pm

i. Noise levels shall be measured in accordance with NZS 6801:2008 Acoustics – Measurement of Environmental Sound and assessed in accordance with NZS 6802:2008 Acoustics – Environmental Noise. ii. An adjustment must not be applied to amplified music or amplified voice sounds containing special audible characteristics (with respect to section 6.3 of NZS6802:2008) but other sources of sound may have an adjustment applied if necessary in accordance with the same section. iii. Crowd noise is to be excluded from any assessment of compliance with these limits.

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iv. Testing and balancing of all sound systems including vocal checks by performers shall cumulatively not exceed 3 hours and shall not commence before 10am on any day and shall be completed by 7pm on the day of the event.

v. Where LAeq (5min), is specified, no 5 minute measurement sample shall exceed the stated limit.

3. Measurement Locations a. Noise levels shall be measured at the following points: i. Location 1: to the north of the Stadium Complex close to the western boundary of the first residentially zoned property on the southern side of Gills Road. ii. Location 2: to the east of the Stadium Complex on the eastern side of Appian Way opposite the entrance to the Stadium site. iii. Location 3: to the south of the Stadium Complex on the eastern side of the intersection of Bush Road and State Highway 17. iv. Location 4: to the west of the Stadium Complex at the southern end of Library Lane at the intersection with the Albany Highway. v. Location 5: on the eastern side of the motorway overbridge connecting McClymonts Road to the Albany Centre.

5.3 Lighting

1. Lighting limits must be measured and assessed in accordance with Standard AS 4282-1997 (Control of the Obtrusive Effects of Outdoor Lighting). In the event of any conflict between these documents and the lighting controls set out below, the controls shall prevail. 2. Any calculation must be based on a maintenance factor of 1.0 (i.e. no depreciation). 3. Where measurements of any illuminance above background levels from the use of artificial lighting cannot be made because the owner will not turn off artificial lighting, measurements may be made in areas of a similar nature that are not affected by the artificial light. The result of these measures may be used for determining the effect of the artificial light. 4. For the purposes of these controls, the curfew and pre-curfew times are as stated in Table 1.

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Table 1 (Pre-curfew and Curfew times):

Times

Standard Pre-curfew 7am – 11pm

Curfew 11pm – 7am

Special Lighting Pre-curfew 7am – 12am Events Curfew 12am – 7am

5. The added illuminance from the use of any artificial lighting on any site must not exceed either;

a. The following levels in Table 2 when measured at the boundary of any adjacent site containing a lawfully established dwelling. The illuminance limit will apply horizontally and vertically at any point on the boundary and at any height.

Table 2 (Horizontal & vertical illuminance at a boundary):

Illuminance Limit

Pre-curfew 125 lux (above the background level)

Curfew 20 lux (above the background level)

or

b. The vertical illuminance limits in Table 3 when measured at the windows of habitable rooms of a lawfully established dwelling.

Table 3 (Vertical illuminance at a window):

Vertical Illuminance Limit

Pre-curfew 10 lux

Curfew 2 lux

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6. Outdoor artificial lighting operating on any site between sunset and sunrise must not exceed a Threshold Increment limit of 15% (based on an adaption luminance of 2 cd/m2) on any public road, calculated within each traffic lane in the direction of travel. 7. Any exterior lighting must be selected, located, aimed, adjusted and/or screened to ensure that glare resulting from the lighting does not exceed the applicable limits for pre-curfew times in Table 4 and 1,000 cd for curfew times at the windows of habitable rooms of a lawfully established dwelling within a residential zone and at the boundary of any residentially zoned site where a dwelling does not yet exist.

Table 4 (Pre-curfew luminous intensity):

Pre-curfew Luminous Intensity Limit

Standard 10,000 cd

Special Lighting Events 25,000 cd

8. The average surface luminance for an intentionally artificially lit building façade shall not exceed the limits in Table 5. The values may be determined by calculation or measurement in accordance with CIE 150:2003 (Guide on the limitation of the effects of obtrusive light from outdoor lighting installations) – International Commission on Illumination ISBN 3 901 906 19 3.

Table 5 (Building façade luminance):

Luminance Limit

Standard 10 cd/m2

Special Lighting Events 25 cd/m2

5.4 Traffic Management 1. The activity is undertaken in accordance with a consent or designation approved on the basis of a transport or traffic assessment and:

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a. complies with any applicable conditions for transport or traffic management including the provisions of any Transport and Traffic Management Plan; and b. the transport and traffic effects of the activity are the same or similar in character, intensity and scale to those identified in the previous assessment; or 2. The activity and management of associated transport and traffic effects is undertaken in accordance with a Transport and Traffic Management Plan authorised by Auckland Transport; or 3. The activity generates a crowd of less than 7,000 people and does not require the closure of a public road.

5.5 Professional Pyrotechnic displays 1. Limited to 3 displays in any 12 month period; 2. Shall not exceed a duration of 15 minutes; and 3. Shall be finished by 10:30pm. 4. Shall be discharged at least 120 metres from any residential zone.

5. Shall comply with 140dB LZpeak at any point in the audience area and within the boundary of any activity sensitive to noise.

5.6 Helicopter flights 1 There must be no more than 30 helicopter movements in any 12 month period and 10 on any day (where an arriving flight and a departing flight comprises two movements) 2 Landing and departures shall take place at least 150m from any neighbouring residentially zoned site.

5.7 Parking 1 Parking for a minimum of 450 cars shall be retained within the precinct unless an authorised Transport and Traffic Management Plan is in effect

6. Development Controls

6.1 Temporary buildings and structures 1 Height and height in relation to boundary controls shall not apply to temporary buildings and structures provided they are erected within the Precinct for a continuous period of no more than 90 days excluding set up and dismantling time.

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6.2 Building height Permitted building height Building height as a restricted discretionary activity Grandstands and visitor viewing Grandstands and visitor viewing structures – up to 35m structures over 35m Any other building Up to 20m Greater than 20m

1. Light towers and associated fittings are excluded from this height control.

6.3 Height in relation to boundary

1 Where the North Harbour Stadium Domain Precinct directly adjoins a road, buildings must not project beyond a 45 degree recession plane measured from a point 8.5m vertically above ground level along the Precinct boundary.

6.4 Screening 1. Any outdoor storage or rubbish collection area that directly face and are visible from a residential zone or a public open space zone adjoining a boundary with, or on the opposite side of the road must be screened from those areas

7. Assessment – Controlled Activities

7.1 Matters of control The Council will reserve its control to the matters below for the activities identified as controlled in the activity table above.

1. Traffic Management a. Effects on the transport network. 7.2 Assessment Criteria The council will consider the relevant assessment criteria below for the controlled activities listed above.

1. Effects on the transport network a. Whether there are likely to be adverse effects on the safe and efficient operation of the transport network and pedestrian movements; b. Whether entry and exit points to the precinct will be managed to suitably accommodate traffic and pedestriain movements; c. Whether appropriate mitigation measures are proposed to address adverse traffic and parking effects. Such measures may include travel planning, providing alternatives to private vehicle trips and the preparation and

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implementation of a TTMP (prepared by a suitably qualified and experienced person).

8. Assessment – Restricted Discretionary Activities

8.1 Matters of discretion The council will restrict its discretion to the matters below for the activities listed as restricted discretionary in the activity table.

1. Any activity that does not comply with noise controls a. The general matters of discretion in clause 2.3 of the general provisions b. Non-compliance with a noise control

2. Any activity that does not comply with lighting controls a. The general matters of discretion in clause 2.3 of the general provisions b. Non-compliance with a lighting control

3. Any activity that does not comply with both noise and lighting controls a. The general matters of discretion in clause 2.3 of the general provisions b. Non-compliance with a noise control c. Non-compliance with a lighting control d. Cumulative effects of non-compliance with both the noise and lighting controls

4. Any activity that exceeds the number of permitted special noise events: a. The general matters of discretion in clause 2.3 of the general provisions b. Non-compliance with a noise control c. Exceedance of the permitted number of special events

5. Any activity that exceeds the number of permitted special lighting events a. The general matters of discretion in clause 2.3 of the general provisions b. Non-compliance with a lighting control c. Exceedance of the permitted number of special events

6. Any activity that does not comply with permitted professional pyrotechnic controls a. The general matters of discretion in clause 2.3 of the general provisions

7. Any activity that does not comply with permitted helicopter flight controls a. The general matters of discretion in clause 2.3 of the general provisions

8. Any activity that does not comply with height and/or height in relation to boundary controls

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a. The general matters of discretion in clause 2.3 of the general provisions b. Effects of additional buildings on neighbouring sites, streets and public open spaces

9. Any compatible activity identified as a restricted discretionary activity a. Compatibility with primary activity b. Traffic and parking effects c. Effects on metropolitan, town or local centres

10. Any new building or external alteration or addition to a building excluding any temporary building located within an interface control area of 10m of a road a. Building design and external appearance

8.2 Assessment Criteria The council will consider the relevant assessment criteria below for the restricted discretionary activities listed above.

1. Building design and external appearance a. The extent to which building design and external appearance avoid, remedy or mitigate adverse effects having regard to: a. the amenity values and character of the surrounding area; b. functional and operational requirements. To achieve this, building design and layout should: i. Integrate CPTED principles into external building and layout design; ii. Avoid long unrelieved frontages and excessive bulk and scale when viewed from the public realm and residential zones; iii. Integrate mechanical and electrical equipment to into the building design as far as practicable; iv. Use quality, durable, fit for purpose and easily maintained materials for building design and construction v. Utilise landscape design to enhance the visual appearance of the development, including around parking areas and service areas.

2. Effects of additional building scale on neighbouring sites, streets and public open spaces a. The extent to which the height, location and design of the building allow reasonable sunlight and daylight access to: i. streets and public open spaces ii. adjoining sites, particularly those in residential zones

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b. The extent to which the building avoids, remedies or mitigates any potential loss of privacy for surrounding properties (particularly those in residential zones). c. Whether there is an operational, technical or locational need to exceed height and/or height in relation to boundary control/s. d. The extent to which adverse effects of the visual dominance of the building on the surrounding area (including roads) are avoided, remedied or mitigated having regard to the amenity and character of the surrounding area and the functional and operational needs of the facility.

3. Compatibility with the primary activities a. The activity shall be of a character, scale and intensity to ensure that adverse effects on the operation of the primary activity, including its likely future use or intensification, are avoided, remedied or mitigated.

4. Traffic and parking effects a. Whether there are likely to be adverse effects on the safe and efficient operation of the transport network and pedestrian movements; b. Whether a reduction in carparking will compromise the successful implementation of a Transport Management Plan, where relevant or required. c. Whether the precinct has sufficient parking capacity to provide for the day to day needs of existing and proposed activities

5. Effects on metropolitan, town or local centres a. Whether the proposed activity will adversely affect the function or role of any metropolitan, town or local centre beyond those effects ordinarily associated with trade effects on trade competitors.

6. Non-compliance with a noise control a. Whether the effects of the activity will give rise to noise effects that are unreasonable, having regard to: a. Other activities that are permitted on the site and the cumulative effects; b. The cumulative effect of numerous infringements of noise standards; c. The degree of non-compliance b. Whether people likely to be affected by the exceedance of noise controls will be given reasonable notice of the likely effects of the infringement including start time and end time.

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c. The extent to which duration and hours of operation are managed to minimise the effects of the infringement having regard to the operational requirements and reason for the infringement.

7. Non-compliance with a lighting control a. The extent to which any artificial lighting will create a traffic safety issue. b. Whether the number, placement, design, height, colour, orientation and screening of light fittings and light support structures minimse light spill, glare, and loss of night time viewing c. The extent to which the amount of light falling into habitable rooms of residentially zoned land during the hours of darkness is minimised to control effects on indoor amenity and sleep disturbance. d. Whether the artificial lighting is necessary, suitable and adequately protects the amenity of the surrounding environment

8. Cumulative effects of exceeding the noise and lighting controls a. The extent to which cumulative effects are avoided, remedied or mitigated having regard to (but not limited to): i. The sensitivity of the surrounding environment; ii. The nature, scale, character and intensity of the activity.

9. Exceedance of the permitted number of special events a. The extent to which the additional special events adversely affect the amenity of the surrounding environment having regard to: i. The sensitivity of the surrounding environment; ii. The cumulative effect of numerous infringements of special event standards; iii. The additional number of special events; iv. Whether there is an operational need for the exceedance

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9. Special information requirements 9.1 Design statement

A design statement is required for the activities specified in the table below. The design statement is required to include as a minimum the matters indicated within the table as set out in clause 2.7.2 of the general provisions. Drawings, illustrations and supporting written explanation should be proportionate to the complexity and significance of the development proposal. Refer to the ADM for guidance on the preparation of design statements.

Activity Any new building or external Buildings or structures alteration that does not comply that are otherwise with controls provided for as a restricted discretionary activity A. CONTEXT ANALYSIS

1. Site analysis X a. Existing site plan X

X b. Streetscape character X

2. Neighbourhood analysis a. Natural and cultural environment X X b. Movement X X c. Neighbourhood character X

X d. Use and activity X

X e. Urban structure X

3. Opportunities and constraints analysis a. Opportunities and constraints diagram X X B. DESIGN RESPONSE X a. Concept design X

X b. Proposed site plan X

X c. Proposed elevations X

X d. Shadow diagrams X

X e. Landscape X

X f. Street design X

X g. Urban structure X

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h. Public open space X

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