Submission to the Productivity Commission

by Transpower Limited

on the draft report “Using Land for Housing”

4 August 2015

Address for service:

Transpower New Zealand Ltd PO Box 1021 6140

Attention: Jo Mooar, Team Leader, Environment Policy and Planning Email: [email protected]

Telephone: 04 590 6060 1. Transpower welcomes the opportunity to comment on the Productivity Commission draft report “Using Land for Housing” (the Draft Report).

2. Transpower has extensive experience with plan changes throughout New Zealand, including implementing national policy statements and national environmental standards. Transpower officials would be pleased to meet with the Inquiry Director or other Commission representatives to discuss Transpower’s submission or plan change issues more generally.

Transpower – who we are and how we are regulated

3. Limited (Transpower) is the State Owned Enterprise that plans, builds, maintains, owns and operates New Zealand’s high voltage transmission network (the National Grid).

4. Transpower’s shareholding Ministers are the Minister of Finance and the Minister for State- Owned Enterprises. Transpower is required to deliver a reliable and secure electricity supply and operate as a successful business.

5. The National Grid is a natural monopoly, and Transpower's transmission activities are regulated by the Commerce Commission under the Commerce Act 1986. This regulation includes controlling investment in the Grid, and the returns on that investment.

6. Transpower is also regulated by the Electricity Authority which determines how transmission revenue is recovered from transmission users. The cost of transmission investments are recovered directly from electricity consumers.

Transpower’s Assets

7. The National Grid extends from Kaikohe in the to Tiwai Point in the South Island (see maps attached as Appendix A). It is the physical infrastructure which transports electricity from where it is generated to the distribution companies which supply electricity to homes and businesses throughout New Zealand (see Appendix B for a diagram of the electricity industry makeup).

8. Electricity underpins economic growth and supports the economic, social and cultural aspirations of all New Zealanders. Electricity contributes actively to the lives of people in New Zealand every day.

9. The National Grid comprises around 12,000 km of high voltage transmission lines and 40,000 towers and poles connecting 167 substations and switching stations across the country.

10. The Grid comprises a high voltage backbone which runs the length of the country and links major generation (such as the geothermal power stations near Taupo and the hydro power stations in the South Island) to major loads in cities. The bulk of the Grid backbone was built

2 around 60 years ago and comprises most of the 220 kV lines throughout New Zealand, along with the High Voltage Direct Current inter-island link between the North and South Islands.

11. Connected to this Grid backbone are regional Grid lines (also owned or operated by Transpower) which connect smaller generation stations and supply regional communities.

12. The National Grid is an interconnected and linear network and an essential part of New Zealand’s electricity system. It provides bulk electricity into substations where the electricity is then converted into lower voltages so it can be used by distribution companies.

13. Without National Grid overhead transmission lines, cables, substations and associated infrastructure, electricity that is generated at power stations cannot reach distribution companies and therefore cannot power New Zealand’s homes, businesses, schools communities and major industrial users. The National Grid literally keeps the country’s lights on.

14. The Grid must be sustainably managed so it can endure and continue to supply a reliable, secure supply of electricity for all New Zealanders. As the country’s dependence on electricity continues, the ability to maintain and upgrade the Grid becomes increasingly important in order to ensure a secure and reliable power supply for the country.

Potential adverse impacts of poorly planned development on the National Grid

15. The National Grid has developed over time. Most transmission lines were originally built in rural areas over open land. The majority of the assets in , for example, were established and commissioned between 1927 and 1969. The majority of overhead lines are not designated, nor do they have easements. They were lawfully established at the time under the relevant Public Works Act and Electricity Act legislation. Transpower relies on “deemed easements” under the Electricity Act 1992 to access, inspect and maintain the lines.

16. Over time, city boundaries have expanded and development has occurred under, and in close proximity to the lines, including structures, houses and other buildings without Transpower’s consent.

17. Transmission assets are long-life assets and can effectively operate virtually indefinitely provided they can be properly maintained, and upgraded and developed as required.

18. Transpower has a continuous programme of work to maintain and enhance its assets all across the country. The ability to access the National Grid in order to carry out these works is essential, and must be maintained into the future.

19. Transpower does not typically own the land on which transmission lines are located, and instead relies on provisions of the Electricity Act 1992 to access and inspect lines. Under that Act, Transpower has little direct control over activities underneath or next to lines that may otherwise affect access, safety or operational activities.

20. The National Grid is critical electricity infrastructure but is not ‘servicing infrastructure’ in the sense that term is used in the Draft Report. The National Grid does not provide power directly to homes, businesses and communities (although it does have some major direct connect

3 customers such as KiwRail and the Marsden Oil Refinery). National Grid infrastructure is not required to be in place before land can be released for development.

Houses near National Grid transmission lines and substations

21. Transpower acknowledges the importance of unlocking land for housing and easing development constraints. However, local authority and central government regulatory initiatives should be aware of the potential for housing to constrain the National Grid.

22. Houses located near transmission lines and substations can create safety risks to both landowners and Transpower workers, and result in reverse sensitivity impacts (which could ultimately result in constraints on the Grid). Houses near transmission lines can also constrain Transpower’s access for maintenance and upgrade work (which can in turn, require new assets to be built at significant cost). It is for these reasons that development near the National Grid needs to be carefully managed.

23. The photos attached as Appendix C show residential and subdivision developments that have occurred over time under and around existing National Grid lines. These developments impede maintenance and upgrade activities and create reverse sensitivity impacts on the Grid and increase risks from electrical hazard risks. Underbuild also results in long-term costs to New Zealand. If a programme of regular maintenance and upgrade work cannot take place, then more substantial and costly work is required and much sooner than it would otherwise have been. Protecting the infrastructure now through compatible surrounding land use activities, enables regular maintenance and upgrade work to occur.

The National Policy Statement on Electricity Transmission

24. The National Policy Statement on Electricity Transmission (NPSET - attached as Appendix D) was gazetted in March 2008 following a Board of Inquiry and Cabinet process. The NPSET recognises that activities, particularly sensitive activities1 such as houses, can impact adversely on National Grid assets (overhead transmission lines, underground cables and substations).

25. Policy 11 requires local authorities to consult with Transpower to identify “an appropriate buffer corridor within which it can be expected that sensitive activities will generally not be provided for in plans and/or given resource consent”. Transpower considers that this area is 12m either side of centerline and 12m from the outer edge of the support structures. (During maximum wind conditions, the conductors swing much further than this distance – see the photo in Appendix E)

26. Policy 10 requires decision-makers to manage activities to avoid reverse sensitivity effects on the Grid. Decision-makers must also ensure that the operation, maintenance, upgrade and development of the Grid is not compromised.

27. National policy statements must be given effect to in local authority planning documents. Councils had four years from April 2008 to notify and process a plan change or review to give effect to the NPSET objective and policies. Currently, only 27 councils have implemented the NPSET.

1 “Sensitive activities” are defined in the NPSET to include “schools, residential buildings and hospitals”.

4 28. Transpower’s approach to NPSET implementation is to seek consistent provisions nation-wide. A slightly different approach is taken depending on whether an area is greenfield or developed urban / industrial. However, with respect to housing a consistent approach is taken in all planning zones. Simply put, housing should not be establishing or expanding under National Grid lines.

29. Transpower seeks non-complying activity status in district plans for houses proposed to be constructed in an area 12m either side of the centreline of transmission lines or within 12m from the outer edge of support structures. It is within this area (referred to as the National Grid Yard) that activities are most likely to create adverse effects on the Grid or be directly affected by the Grid. Further information about the rules Transpower seeks are contained in Appendix F.

30. Land use under lines and adjacent to substations can be managed in a manner that does not prevent development.

31. Transpower has worked with a number of developers and councils around the country to facilitate desired outcomes. In some cases this has enabled the positioning of compatible land use sympathetic to the location of overhead lines while in other cases it has resulted in the relocation or undergrounding of the lines. In each case, consultation at the planning stage has been key to ensuring that issues are understood and appropriately considered.

32. The NPSET is an important tool in avoiding inappropriate development, by enabling the development of transmission line buffer corridors in Council plans. We are currently working in conjunction with District Councils to ensure their District Plans include rules for activities around transmission lines that may pose a risk to the transmission network, and therefore to the country’s power supply. These rules help to ensure activities around transmission lines are appropriately planned and consented.

33. Transpower acknowledges the need to reduce constraints on housing. However residential development will not assist in creating truly liveable communities if it is poorly planned. Development that fails to adequately take account of the presence of existing high voltage transmission lines is inconsistent with the aspirations of the NPSET, and the need to successfully manage the use, development and protection of the National Grid as a physical resource, while still enabling people and communities to provide for their wellbeing, and their safety.

34. Transpower is developing a Design Guide aimed at promoting good design around transmission lines and seeing the space around a transmission line as positive space.

35. Transpower responds to specific findings, recommendations and questions in the Draft Report below.

5 Question Question Transpower’s response reference Chapter 3 – Integrated planning F3.15 (and The best opportunity to integrate Transpower requests that any proposals for a new legislative avenue to integrate spatial R3.5) spatial planning and land-use planning and land-use (F3.15 and R3.5) ensure that development takes appropriate account of regulation is to create a new, National Grid infrastructure. Spatial planning and the potential for incompatible development legislative avenue for larger cities. to place significant constraints on the effective and efficient operation, maintenance, upgrade and development of that infrastructure. In Transpower’s experience, rules are required to avoid houses under National Grid lines.

Chapter 4 – Supplying and releasing land

Q4.4 How should eligibility for Transpower considers that the notification provisions in the HASHA Act are resulting in better notification and consultation on involvement than the notification tests in the 2009 RMA amendments. In particular, Transpower site-specific proposed plan requests that the requirement in HASHA Act to directly notify infrastructure providers who have changes be defined? Would the assets on, under or over the land the subject of the application, is carried over into any new definition used in the HASHA Act legislative planning processes for housing (see section 29(3)(c) of the HASHA Act. Section 29(3)(d) is or the 2009 RMA amendments be also important, as it extends the requirement to notify requiring authorities with designations over preferable? the relevant land.)

It is critical that Transpower is notified of plan changes/variations and resource consent applications that affect land under, or adjacent to, National Grid lines, cables and substations. Unless Transpower is notified as an affected party, development could occur in a manner that is unsafe or that constrains the infrastructure (either directly or indirectly) leading to adverse safety, environmental, economic and social outcomes.

In Transpower’s experience, councils very rarely limited notify Transpower of applications in accordance with sections 95E of the RMA. We understand that this is for a variety of reasons – including the fees that would be incurred by developers/landowners, not understanding the legal tests for notification and not understanding how development impacts on National Grid assets.

Appendix G (evidence presented on the Proposed Auckland Unitary Plan) contains some recent examples of development where Transpower has not been an affected party – there are many others. Non-notification has created significant consequences in some instances. The developments shown in Appendix XX have all occurred without notification to Transpower. If Transpower had been notified, the developments could have occurred in more sustainable ways (i.e. minimising safety risks and not constraining Transpower’s ability to access the infrastructure for maintenance and upgrade purposes).

In comparison, Transpower has been notified of all HASHA Act applications on land under or adjacent to its assets. The tests in sections 29 and 67 are more directive regarding infrastructure so provide clearer guidance to decision-makers.

We note that when considering a plan change, the relevant agency should be required to “give effect to” the National Policy Statement on Electricity Transmission consistent with the requirements of the RMA. It is not sufficient or consistent with the national direction framework of national policy statements, for the requirement to be stated merely as a requirement to “have regard to” national policy statements. The requirement in s 61(4) of the HASHA Act is to “have regard to” national policy statements. Transpower considers this to be inadequate as it could result in undesirable environmental outcomes. F4.13 Both engagement with affected Transpower agrees with F4.13 that it is important for council planners to engage with affected parties on proposed plan change parties on proposed plan changes ahead of their notification and circulation in order to reduce the ahead of their notification and incidence of appeals. Where developments seek to locate near the National Grid, notification to circulation of draft plan changes Transpower as an affected party, can ensure that the technical requirements of the National Grid for comment are leading are taken into account. This is important at the stage where land is provided for urban growth or practices that may help to reduce expansion, and at the design stages of subdivision and development. Consultation is more likely to the incidence of appeals. result in ‘win-win’ outcomes, for example by allowing the development to still progress but ensuring only compatible activities such as open space and roads locate under or near to the lines. Most of Transpower’s concerns can be addressed at the design stage of subdivision such as through layout. Attached as Appendix G is evidence that Transpower lodged in support of its submissions on the Proposed Auckland Unitary Plan. The evidence discusses how notification to Transpower as an affected party can help to ensure subdivision and development can still occur while also resulting in appropriate and safe outcomes.

Chapter 5 – Regulations and approval processes Q5.2 What would be the costs and The majority of Transpower’s activities on and to lines in existence at 14 January 2010 are by a benefits of nationally nationally standardised set of rules. These rules are contained in the Resource Management standardising land use rules (National Environmental Standards for Electricity Transmission Activities) Regulations 2009 around the provision of (NESETA). Plan provisions must be consistent with the rules in the NESETA. telecommunications, gas and electricity infrastructure across all There are considerable benefits to Transpower and the efficient and effective transmission of District Plan. electricity to New Zealand, in having national standards governing day-to-day electricity transmission activities. Among other things, Transpower does not have to request (and re-litigate) these routine activities in every district plan in New Zealand. Also, consistency is important for our service providers who rely on the rules to carry out maintenance activities such as vegetation trimming in almost every district council in the country (National Grid assets are located in every local authority other than Chatham Islands, Kaikoura and Gisborne).

Q5.3 Does introducing nationally The National Policy Statement on Electricity Transmission does not contain rules for avoiding consistent land use rules or housing development under lines, or in close proximity to substations. Consistent rules could specific types of residential potentially be developed to set out the distances where housing development should avoid under development have other possible lines and around substations. A draft NES on third party risks was under development however a benefits that the Commission decision was made to see how NPSET-implementation progressed before taking the draft NES should consider? What types of further. land use rules should be made nationally-consistent? Why? Q5.4 Would national direction on what Transpower has no particular view on what residential land-use activities should be permitted in residential land-use activities plans, but, as discussed elsewhere in this submission, Transpower strongly cautions of the risks of should be ‘permitted’ in RMA enabling residential activities under and next to National Grid infrastructure. It is important to note Plans provide net benefits? What that while national policy statements sit at the top of the planning hierarchy and direct all lower sorts of activities should such a order planning instruments, the wording of their objectives and policies is critical (as emphasized by direction focus on? the Supreme Court in its King Salmon decision. Transpower has considerable experience with implementing the NPSET in district plans throughout the country and would be happy to share with the Commission its experiences with the interpretation of specific wording in NPS policies. R5.7 In reviewing their District Plans, In Transpower’s submission there is an important caveat to this. Land-use activities under and local authorities should move adjacent to National Grid lines should only be permitted if they are compatible with the lines. more residential land-use Examples of compatible land use activities include gardens, small utility sheds and car parking. All activities into “permitted” or sensitive activities including housing, and certain earthworks activities within a defined National “restricted discretionary” Grid Yard (12m either side of the centreline and from the edge of support structures) should be required to obtain non-complying activity resource consent. status. Chapter 6 – Planning and delivering infrastructure

Q6.6 Is there a case for greater Transpower supports the use of NPSs and NESs for other infrastructure activities, where the consistency of infrastructure consistent use of policies and rules provides a more efficient process. Transpower also supports standards? If so, what types of more directive national instruments when a matter is nationally significant, and may outweigh the infrastructure would benefit from benefits of local decision-making. greater consistency and at what level (regional or central)?

Chapter 9 – Shaping local behaviour

Q9.3 Would there be merit in a Transpower does not have a specific view on the merits of a NPS relating to the provision of land for National Policy Statement housing but does ask that any proposals for an NPS take appropriate account of the objective and relating to the provision of policies of the NPSET including the direction for sensitive activities to be avoided in a buffer area adequate land for housing? under and around National Grid assets. What would be the costs and benefits of such a statement? However, if infrastructure such as the National Grid is not adequately protected, underbuild could result in the need to construct new infrastructure that would otherwise not be needed – at cost to the electricity consumer. Appendix A – Map of National Grid Assets

6 ALB -SVL-A Silverdale HEN- MP E-A ! ALB-WRD-C underground cable HEN- MDN-A ALB -HP I-A Wairau Road Albany A LB- HE N-A WRD-HOB-A underground cable Hobson Street ! TRANSPOWERTRANSMISSIONNETWORK:NORTHISLAND Huapai ! HOB-PEN-A underground cable ALB-HEN-A underground cables ! OTA - PE N - C PE N- R OS - A OTA - PE N - B Henderson OTA-OTG-A HE N -R O S -A ! ! OTA - PE N -A HE N -H E P-A PAK-PEN-B underground cable Hepburn Road ! Penrose OTA-PEN-A underground cables ! HE P- R OS -A ! Pakuranga ! OTA - PA K-A Mt. Roskill Otahuhu Mangere ! BHL-PAK-A, BHL-PAK-B HE N -OTA - A ! ! Un de rg ro u n d ca b les 11.5 k m MNG - R OS - A Brownhill Southdown Wiri fro m Brownhill ! MNG - OTA -A Takanini BOB- OTA -A !Drury G LN- D E V- A

Glenbrook ! Bombay ! MER -TA K-A BO B-MER- A OTA-WK M-A HLY- OTA-A OTA-WK M-B

Kaikohe BHL-WHN-A ! HAM-MER-B

HAM-MER-A

KOE- MPE-A HLY-DEV-A ! OTA-WKM-C HAM-WHU-A Huntly PAO-TEE-A ! Maungatapere MDN-MP E-A Piako ! ! Bream Bay Marsden ! TWH-DEV-A HAM-DEV-A HE N- MDN-A Te Kowhai ! Maungaturoto Underground cable ! 0.4km section Hamilton HAM-KPO-A HLY-TMN-A ARI-HAM-A ! Wellsford Cambridge ! Underground cable ARI-HAM-B HE N- MP E-A 1.25 k m s ec t io n Karapiro KPO-TMU-A ALB -SVL-A Te Awamutu ! ALB -HEN-A ! Silverdale HIN-KPO-A Albany ALB-WRD-C underground cable ALB -HP I-A Wairau Road ! ! WRD-HOB-A underground cable V-A HAI-MTM-A Huapai ! ! Mt. Maunganui underground cable Hobson Street HAI-MTM-B Underground cable 0.4km section Henderson ! ! HOB-PEN-A underground cables ! Penrose ! Kaitimako ! PAK-PEN-B underground cables Hepburn Road ! ! ! Pakuranga Poike ! HAI-TMI-A Southdown ! ! Otahuhu HAI-TGA-A ! Wiri ! Brownhill HAI-TRK-A Te Matai Takanini HIN-KPO-A GLN- DEV-A ! Drury Kopu ro ! Hinuera OKE-TMI-A Glenbrook ! ! MER -TA K- A ! EDG-TRK-A ARI-EDG-B Bombay ARI-HAM-B Okere HLY- OTA-A OTA-WK M-A KP U-WKO- A ARI-EDG-B ARI-EDG-A Edgecumbe OTA-WK M-B ARI-HAM-A ! Meremere HAM-MER-B HLY-DEV-A ARI-EDG-B !Waikino Tarukenga TRK-DEV-B EDG-KAW-A HAM-MER-A Ohinewai ! Kawerau ! TRK-DEV-A EDG-KAW-B Huntly WHU -WKO -A OWH-DEV-A BHL-WHN-A HAI-MTM-B KIN-DEV-A ! Lichfield ! ! Waihou ! Owhata KAW-DEV-A OTA-WKM-C Piako HAI-MTM-A ARI-EDG-A Matahina ! PAO-TEE-A Rotorua ROT-TRK-A HAM-DEV-A LCH-KIN-A KAW-MAT-A HAM-WHU-A ! Mt. Maunganui Te Kowhai See LCH-KIN-B Tauranga ! Kaitimako ! ARI-HAM-A ! Te Kaha Waipapa Hamilton HAI-TMI-A Inset ! Kinleith ARI-HAM-B HAI-TRK-A ! ATI-TR K-A HAM-KPO-A ! BHL-WHN-A Cambridge ! HIN-KPO-A Te Matai ARI-EDG-B MTI-WPA-A Karapiro ! Hinuera OKE-TMI-A KPO-TMU-A EDG-WAI-B Maraetai Atiamuri A niw h e nu a See ! EDG-TRK-A ARI-EDG-A Edgecumbe MTI-WKM-B Te Awamutu ! MTI-WKM-A Inset Arapuni Waiotahi OHK-EDG-A Tarukenga! ! TKH-WAI-A Ohakuri ARI-ONG-A HLY-TMN-A ! ! Kawerau Whakamaru WRK-WKM-C WRK-WKM-A Lichfield ! Owhata Ngatamariki Rotorua ROT-TRK-A Matahina ARA-WRK-A Hangatiki ! KIN-DEV-A WRK-WKM-B ! Kinleith ATI-TR K-A Te Mihi Ohaaki RTO-HTI-A Waipapa Aratiatia A niw h e nu a THI-DEV-A Maraetai Atiamuri OKI-WRK-B (33kV) Rangitoto PPI-THI-A Whakamaru Ohakuri WRK-WKM-A OHK-EDG-A Poihipi BPE-WKM-B OKI-WRK-A ARI-ONG-B WRK-WKM-C Te Mihi Ngatamariki WRK-WKM-B Aratiatia BPE-WKM-A Nga Awa Purua Ohaaki THI-DEV-A OKI-WRK-B (33kV) BPE-WRK-A WRK-WHI-A PPI-THI-A Poihipi OKI-WRK-A Ongarue ! Wairakei Nga Awa Purua HUI-MNI-A Tuai Huirangi K a ita w a P irip a ua CST-HUI-A SFD-TMN-A ! Taumarunui CST-NPL-A Motunui ! Tokaanu WRK-WHI-A ! BPE-WRK-A New Plymouth ! ! McKee TUI-BPE-A Carrington Street MNI-DEV-A NPK-RTR-A National Park ! NP L- SF D-A CST-SFD-A Rangipo BPE-WKM-B Kaponga Tee BPE-ONG-A RDF-TUI-A RPO-DEV-A OPK-SFD-A Stratford ! Opunake RDF-WHI-A KEY BRK-SFD-B Ohakune ! Tangiwai Whirinaki K a p un i ! FHL-RDF-B Stations Hawera ! Pa te a TNG-TEE-A FHL-DEV-A ! Redclyffe Wind Power Station RDF-WTU-A W ha re ro a Fernhill ! ! BRK-SFD-A Mataroa ! Whakatu Hydro Power Station WGN-SFD-A ! Waverley FHL-RDF-A Geothermal Power Station Brunswick BPE-WKM-A ! FHL-WDV-A Thermal Power Station BRK-BPE-A Wanganui ! ! Substation Waipawa FHL-WDV-B BPE-WGN-B ! Transmission Lines Marton ! Te Apiti Dannevirke 400 kV Bunnythorpe ! Double Circuit Towers ! AC TWC-TEE-A Woodville BPE-MHO-A Tararua BPE-MHO-B ! Linton MGM-WDV-A Double Circuit Towers BPE -HAY-A ! Single Circuit Towers Mangamaire BPE -HAY-B Mangahao 350 kV Double Circuit Poles HVDC MHO-PKK-A Single Circuit Poles MHO-PKK-B Paraparaumu ! BPE-WIL-A Submarine Cable MGM-MST-A MHO-PKK-B BPE-WIL-A MHO-PKK-A Paraparaumu ! BPE -HAY-A Double Circuit Towers ! PKK-TKR-A Masterton PKK-TKR-A BPE -HAY-B Single Circuit Towers Upper Hutt MST-UHT-A Judgeford 220 kV Pauatahanui! ! HAY-JFD-A Double Circuit Poles ! MST-UHT-A AC Takapu Road ! ! Greytown Single Circuit Poles ! Pauatahanui Wilton ! Melling ! ! Underground Cable !! OTB-HAY-A Oteranga Bay! ! Gracefield Upper Hutt ! TKR-WIL-A Takapu Road Central Park ! ! Haywards HAY-UHT-A Greytown West Wind KWA-WIL-A Double Circuit Towers underground cable at HAY-MLG-B See Kaiwharawhara ! Single Circuit Towers HAY-MLG-A Inset Melling 110 kV Te Hikowhenua Normandale Double Circuit Poles ! GFD- HAY-A AC THW-DEV-A Wilton! ! Gracefield Single Circuit Poles Oteranga Bay Kaiwharawhara ! Underground Cable ! CPK-WIL-A KHD-TKR-A Central Park CPK-WIL-B Double Circuit Towers WWD-TEE-A Single Circuit Towers South Makara 50/66 Double Circuit Poles kV AC West Wind Single Circuit Poles Stations labelled in blue italic are not Transpower sites Underground Cable SMK-OTB-A Transmission Network as at April 2015 (11 kV) Note: This is Construction Voltage © Transpower New Zealand Limited TRANSPOWERTRANSMISSIONNETWORK:SOUTHISLAND

! Castle Hill SBK-WPR-A Ashley ASY-DEV-B ! COL-OTI-A BEN-HAY-A ISL-KIK-B ASY-DEV-A ISL-KIK-A ! Southbrook KAI-SBK-A Coleridge ! Kaiapoi HOR-ISL-E KYB-TEE-A Kimberley ISL-SBK-A ! Islington

ISL-DEV-A COL-BKD-D ! ! Bromley ! Hororata Brackendale

BKD-HOR-A BRY-I SL- A

BEN-ISL-A

ROX-ISL-A CHH-TWZ-A BLN-STK-A Fighting Bay ! ! Stoke

! KIK-STK-B KIK-STK-A Ashburton ! Blenheim WMG-WPT-A BLN-KIK-A Kikiwa Argyle ! Orowaiti Waimangaroa IGH-KIK-B ! Branch River ! ! IGH-WMG-A Westport ! ! Murchison Robertson Street ! IGH-KIK-A Inangahua IGH-WPT-B ISL-KIK-B BEN-HAY-A IGH-RFN-A BWR-IGH-A DOB-TEE-A ! Reefton Blackwater BWR-IGH-A DOB-BWR-A Atarau AHA-DOB-A ! ISL-KIK-A DOB-TEE-A Greymouth ! ! Dobson GYM-KUM-A Kumara (Leased from ) Kawhaka KUM-KHA-A ! (Leased from Westpower) ! Culverden

HKK-TMR ! (Leased from Westpower) Otira COL-OTI-A Two Mile Road ! Arthur’s Pass BEN-HAY-A AHA-OTI-A ! COL-OTI-A Waipara

Castle Hill ! ISL-KIK-A SBK-WPR-A ! COL-OTI-A Ashley ! Southbrook ISL-KIK-B KAI-SBK-A Coleridge ! Kaiapoi Kimberley HOR-ISL-E ISL-SBK-A KYB-TEE-A ! Islington COL-BKD-D ! Hororata ! ! Bromley Brackendale ISL-DEV-A BRY-ISL-A BKD-HOR-A BEN-ISL-A

ROX-ISL-A See ! Tekapo A Ashburton Inset TKB-DEV-A BEN-ISL-A CHH-TWZ-A Tekapo B TKA-TIM-A Temuka TWZ-DEV-A Twizel ! ! ASH-TIM-B Ohau A ! Albury TKA-TIM-A ASH-TIM-A Ohau B ! Timaru Ohau C TIM-DEV-A BEN-TWZ-A GNY-TIM-A ROX-ISL-A Bog Roy Benmore BEN-BGR-A Aviemore Waitaki ! Studholme ROX-TWZ-A GNY-WTK-A AV I- LI V-A Bells Pond BPD-TEE-A BPT-TEE-A ! ! Glenavy CML-FKN-A ROX-ISL-A Livingstone ! Blackpoint GNY-OAM-A Frankton ! KEY ! GNY-OAM-B ! ! Cromwell Naseby Oamaru Stations

ROX-ISL-A Wind Power Station Clyde Hydro Power Station

Geothermal Power Station Roxburgh ROX-TMH-A Thermal Power Station Manapouri Substation

Transmission Lines HWB-ROX-A White Hill GOR-ROX-A Three Mile Hill Double Circuit Towers !! Halfway Bush ! Single Circuit Towers South Dunedin MAN-TWI-A INV-ROX-A W a ip o ri ! 350 kV INV-MAN-A Berwick Double Circuit Poles HWB-SDN-A HVDC INV-ROX-B Single Circuit Poles GOR-HWB-A Submarine Cable ! Gore BAL-DEV-A ! Balclutha ! Brydone Double Circuit Towers ! ! BDE-DEV-A Single Circuit Towers North Makarewa Edendale NMA-TMH-A 220 kV Double Circuit Poles Invercargill ! AC GOR-INV-A Single Circuit Poles MAN-TWI-A Underground Cable INV-TWI-A ! Tiwai Double Circuit Towers Single Circuit Towers 110 kV Double Circuit Poles AC Single Circuit Poles Underground Cable

Double Circuit Towers Single Circuit Towers 50/66 Double Circuit Poles kV AC Stations labelled in blue italic are not Transpower sites Single Circuit Poles Underground Cable Transmission Network as at April 2015 Note: This is Construction Voltage © Transpower New Zealand Limited Appendix B – NZ’s Electricity Industry

7 Appendix C - Inappropriate development around and transmission lines

The photo above shows how a dwelling has been constructed directly below a National Grid line. Transpower was not notified of the development. Transpower’s contractors (a foundation grillage refurbishment crew) discovered the dwelling when carrying out pre- works inspection on the tower. on the Henderson – Roskill 110kV line. The dwelling now blocks access to the tower site and grillage refurbishment works may not be able to be undertaken, placing the structure and supply of electricity at risk in the future.

8 Incremental development has occurred around this tower severely restricting, if not preventing, access for maintenance.

This fence and house have been constructed in breach of NZECP34:2001 – an electrical safety code of practice made under the Electricity Act and Regulations. The Code prescribes minimum safe clearance distances between structures, buildings and transmission lines

9 Existing underbuild in South Auckland

10 Maintenance work

Transpower has an ongoing programme of maintenance and upgrade work throughout the country. If assets cannot be maintained, they deteriorate and will eventually require replacement at significant cost. Most maintenance work will occur on private land and, depending on the work, may involve the use of earth moving and lifting machinery (eg diggers and excavators), stringing equipment, elevated work platforms or helicopters. Land owner activities can be severely restricted for the duration of many routine maintenance activities such as tower painting (see photo above). Most maintenance activities require a clear working space and good access to ensure the work can be carried out safely. Underbuilt can severely constrain maintenance work.

11 dga These photos shows the impacts of a high voltage conductor dropping during maintenance work. The internal electrical switchboard and appliances have been damaged by the significant transfer of voltages to earth fromAppnedix an adjacent D transmission line. It was fortunate that no one was seriously hurt. Aside from electricalAppendix hazard risk, D there is also a mechanical aspect of a large load dropping. Appendix D Conductors on a typical duplex 220kV line weigh approximately 3.0kg/m, therefore for a typical span the weight of the conductor at the point of impact could be as high as 750kg.

12 Appendix D – National Policy Statement on Electricity Transmission

13 NATIONAL POLICY STATEMENT on Electricity Transmission Issued by notice in the Gazette on 13 March 2008

CONTENTS Preamble 1. Title 2. Commencement 3. Interpretation 4. Matter of national significance 5. Objective 6. Recognition of the national benefits of transmission 7. Managing the environment effects of transmission 8. Managing the adverse effects of third parties on the transmission network 9. Maps 10. Long-term strategic planning for transmission assets Preamble This national policy statement sets out the objective and policies to enable the management of the effects of the electricity transmission network under the Resource Management Act 1991. In accordance with section 55(2A)(a) of the Act, and within four years of approval of this national policy statement, local authorities are to notify and process under the First Schedule to the Act a plan change or review to give effect as appropriate to the provisions of this national policy statement. The efficient transmission of electricity on the national grid plays a vital role in the well- being of New Zealand, its people and the environment. Electricity transmission has special characteristics that create challenges for its management under the Act. These include: • Transporting electricity efficiently over long distances requires support structures (towers or poles), conductors, wires and cables, and sub-stations and switching stations. • These facilities can create environmental effects of a local, regional and national scale. Some of these effects can be significant. • The transmission network is an extensive and linear system which makes it important that there are consistent policy and regulatory approaches by local authorities. • Technical, operational and security requirements associated with the transmission network can limit the extent to which it is feasible to avoid or mitigate all adverse environmental effects. • The operation, maintenance and future development of the transmission network can be significantly constrained by the adverse environmental impact of third party activities and development. • The adverse environmental effects of the transmission network are often local – while the benefits may be in a different locality and/or extend beyond the local to the regional and national – making it important that those exercising powers and functions under the Act balance local, regional and national environmental effects (positive and negative). • Ongoing investment in the transmission network and significant upgrades are expected to be required to meet the demand for electricity and to meet the Government’s objective for a renewable energy future, therefore strategic planning to provide for transmission infrastructure is required. The national policy statement is to be applied by decision-makers under the Act. The objective and policies are intended to guide decision-makers in drafting plan rules, in making decisions on the notification of the resource consents and in the determination of resource consent applications, and in considering notices of requirement for designations for transmission activities. However, the national policy statement is not meant to be a substitute for, or prevail over, the Act’s statutory purpose or the statutory tests already in existence. Further, the national policy statement is subject to Part 2 of the Act. For decision-makers under the Act, the national policy statement is intended to be a relevant consideration to be weighed along with other considerations in achieving the sustainable management purpose of the Act. This preamble may assist the interpretation of the national policy statement, where this is needed to resolve uncertainty.

1. Title This national policy statement is the National Policy Statement on Electricity Transmission 2008. 2. Commencement This national policy statement comes into force on the 28th day after the date on which it is notified in theGazette .

3. Interpretation In this national policy statement, unless the context otherwise requires: Act means the Resource Management Act 1991. Decision-makers means all persons exercising functions and powers under the Act.

2 National Policy Statement on Electricity Transmission Electricity transmission network, electricity transmission and transmission activities/ assets/infrastructure/resources/system all mean part of the national grid of transmission lines and cables (aerial, underground and undersea, including the high-voltage direct current link), stations and sub-stations and other works used to connect grid injection points and grid exit points to convey electricity throughout the North and South Islands of New Zealand. National environmental standard means a standard prescribed by regulations made under the Act. National grid means the assets used or owned by Transpower NZ Limited. Sensitive activities includes schools, residential buildings and hospitals. 4. Matter of national significance The matter of national significance to which this national policy statement applies is the need to operate, maintain, develop and upgrade the electricity transmission network. 5. Objective To recognise the national significance of the electricity transmission network by facilitating the operation, maintenance and upgrade of the existing transmission network and the establishment of new transmission resources to meet the needs of present and future generations, while: • managing the adverse environmental effects of the network; and • managing the adverse effects of other activities on the network.

6. Recognition of the national benefits of transmission POLICY 1 In achieving the purpose of the Act, decision-makers must recognise and provide for the national, regional and local benefits of sustainable, secure and efficient electricity transmission. The benefits relevant to any particular project or development of the electricity transmission network may include: i) maintained or improved security of supply of electricity; or ii) efficient transfer of energy through a reduction of transmission losses; or iii) the facilitation of the use and development of new , including renewable generation which assists in the management of the effects of climate change; or iv) enhanced supply of electricity through the removal of points of congestion. The above list of benefits is not intended to be exhaustive and a particular policy, plan, project or development may have or recognise other benefits. 7. Managing the environmental effects of transmission Policy 2 In achieving the purpose of the Act, decision-makers must recognise and provide for the effective operation, maintenance, upgrading and development of the electricity transmission network. Policy 3 When considering measures to avoid, remedy or mitigate adverse environmental effects of transmission activities, decision-makers must consider the constraints imposed on achieving those measures by the technical and operational requirements of the network. Policy 4 When considering the environmental effects of new transmission infrastructure or major upgrades of existing transmission infrastructure, decision-makers must have regard to the extent to which any adverse effects have been avoided, remedied or mitigated by the route, site and method selection. Policy 5 When considering the environmental effects of transmission activities associated with transmission assets, decision-makers must enable the reasonable operational, maintenance and minor upgrade requirements of established electricity transmission assets.

3 National Policy Statement on Electricity Transmission Policy 6 Substantial upgrades of transmission infrastructure should be used as an opportunity to reduce existing adverse effects of transmission including such effects on sensitive activities where appropriate. POLICY 7 Planning and development of the transmission system should minimise adverse effects on urban amenity and avoid adverse effects on town centres and areas of high recreational value or amenity and existing sensitive activities. POLICY 8 In rural environments, planning and development of the transmission system should seek to avoid adverse effects on outstanding natural landscapes, areas of high natural character and areas of high recreation value and amenity and existing sensitive activities. POLICY 9 Provisions dealing with electric and magnetic fields associated with the electricity transmission network must be based on the International Commission on Non-ioninsing Radiation Protection Guidelines for limiting exposure to time varying electric magnetic fields (up to 300 GHz) (Health Physics, 1998, 74(4): 494-522) and recommendations from the World Health Organisation monograph Environment Health Criteria (No 238, June 2007) or revisions thereof and any applicable New Zealand standards or national environmental standards. 8. Managing the adverse effects of third parties on the transmission network POLICY 10 In achieving the purpose of the Act, decision-makers must to the extent reasonably possible manage activities to avoid reverse sensitivity effects on the electricity transmission network and to ensure that operation, maintenance, upgrading, and development of the electricity transmission network is not compromised. POLICY 11 Local authorities must consult with the operator of the national grid, to identify an appropriate buffer corridor within which it can be expected that sensitive activities will generally not be provided for in plans and/or given resource consent. To assist local authorities to identify these corridors, they may request the operator of the national grid to provide local authorities with its medium to long-term plans for the alteration or upgrading of each affected section of the national grid (so as to facilitate the long-term strategic planning of the grid).

9. Maps POLICY 12 Territorial authorities must identify the electricity transmission network on their relevant planning maps whether or not the network is designated.

10.Long-term strategic planning for transmission assets POLICY 13 Decision-makers must recognise that the designation process can facilitate long-term planning for the development, operation and maintenance of electricity transmission infrastructure. POLICY 14 Regional councils must include objectives, policies and methods to facilitate long-term planning for investment in transmission infrastructure and its integration with land uses.

Explanatory note This note is not part of the national policy statement but is intended to indicate its general effect This national policy statement comes into force 28 days after the date of its notification in the Gazette. It provides that electricity transmission is a matter of national significance under the Resource Management Act 1991 and prescribes an objective and policies to guide the making of resource management decisions. The national policy statement requires local authorities to give effect to its provisions in plans made under the Resource Management Act 1991 by initiating a plan change or review within four years of its approval. 4

National Policy Statement on Electricity Transmission Appendix E – Swing of National Grid conductors in high winds

14 Appendix F – Transpower’s Approach to Implementing the NPSET

1. The rules to give effect to (primarily) policies 10 and 11 of the NPSET are contained in National Grid Corridor provisions. In the Proposed Auckland Unitary Plan, Transpower seeks that these corridor provisions apply as an overlay in the plan.

2. Transpower’s approach, is to, for undesignated overhead lines, provide for:

a) a 12m corridor either side of the centreline, where specified activities are restricted2 (referred to as the “National Grid Yard”); b) a wider corridor (out to 37m either side of the centreline depending on line voltage) where subdivision is to be managed.

3. For substations, Transpower seeks to incorporate a 150m buffer corridor to ensure effects of and on National Grid substations are considered before development occurs. Consents would be required for a restricted discretionary activity.

4. Acknowledging that urban Auckland already has extensive underbuild, the proposed rules for most industrial and commercial development in existing urban areas is permissive, and most such activities would occur as permitted activities.

5. In greenfields areas, Transpower seeks that development is designed around the lines, so that the 12m National Grid Yard is clear of buildings –with land used primarily as green space or walking or cycling connections. Non-complying activity status is sought for all new buildings in this area.

6. For subdivision in all areas of the region, Transpower seeks that subdivision recognises the presence of the National Grid, and is designed in a way that avoids building platforms within the 12m National Grid Yard. Where this is not achieved, Transpower seeks non-complying activity status.

7. Transpower’s approach is represented in the diagrams below showing the 12m land use corridor around the centreline and tower structures. A section view is also shown below, showing that houses can locate in the wider subdivision corridor (between 12m and out to 37m from the centreline) provided it is designed appropriately and building platforms are not located within the 12m Yard.

2 Sensitive activities (as defined in the NPSET) and some specific rural buildings for intensive activities (such as milking sheds, packing sheds and commercial greenhouses) would be non-complying. In addition, activities such as earthworks which exceed specified controls would also require consents.

15 16 Appendix G - Evidence Transpower presented on the Proposed Auckland Unitary Plan on the importance of notification to Transpower of third party development and activities near the National Grid

17

Before the Auckland Unitary Plan Independent Hearings Panel

under: the Resource Management Act 1991, as amended by the Local Government (Auckland Transitional Provisions) Amendment Act 2010

in the matter of: submissions lodged on the Proposed Auckland Unitary Plan

regarding: Topic 042 – Infrastructure

Statement of evidence of Jenna Marie Solver Fincham on behalf of Transpower New Zealand Ltd (3766) in relation to Topic 042 Infrastructure

Dated: 3 June 2015

REFERENCE: Catherine Somerville ([email protected]) Luke Hinchey ([email protected])

TABLE OF CONTENTS

EXECUTIVE SUMMARY ...... 1

INTRODUCTION ...... 3

CODE OF CONDUCT ...... 3

SCOPE OF EVIDENCE ...... 3

75-85 ONEHUNGA MALL, ONEHUNGA - PROPOSED WAREHOUSE DEVELOPMENT ...... 4

36 FAIRCHILD AVENUE – PROPOSED DWELLING ...... 7

65 OAKDALE ROAD – PROPOSED SUBDIVISION AND DWELLING ... 8

36 SUBRITZKY AVE – SUBDIVISION AND PROPOSED DWELLING . 10

7A CORMACK ST, MT ROSKILL AND 362 BLOCKHOUSE BAY ROAD, BLOCKHOUSE BAY ...... 11

12B CARLTON STREET, HILLSBOROUGH ...... 12

RUAKURA LAND DEVELOPMENT PLAN AND SUBDIVISION – CHEDWORTH PROPERTIES LTD ...... 14

CONCLUSIONS ...... 15

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STATEMENT OF EVIDENCE OF JENNA MARIE SOLVER FINCHAM ON BEHALF OF TRANSPOWER NEW ZEALAND LTD

EXECUTIVE SUMMARY

1 My evidence explains the outcome of several circumstances in the where Transpower has not been consulted, or notified as an affected party by the Council under the Resource Management Act 1991 (RMA). Some of these examples relate to historic decisions, where the effects of the decisions are only becoming apparent now but some are quite recent.

2 Third party development and activities in close proximity to National Grid infrastructure can:

2.1 Expose people and property to a number of significant safety risks.

2.2 Compromise Transpower’s ability to operate, maintain, upgrade and develop the National Grid.

2.3 Cause damage to the National Grid.

2.4 Give rise to reverse sensitivity effects.

3 New subdivisions and development are increasingly occuring throughout Auckland and resulting in incompatible or unsafe activities occuring directly beneath National Grid lines and near other assets.

4 Transpower is actively working with landowners and Auckland Council planners to increase awareness of the National Grid and to address the historic decisions which have led to constraints on Transpower’s network and risks to people. Transpower seeks to be consulted early in the resource consent process and to be considered as an affected party where a proposed development is in close proximity to National Grid assets. Transpower does not wish to prevent subdivision and development. However, planning is needed to ensure appropriate and safe outcomes. A team of

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people at Transpower is available to assist landowners with proposed developments in proximity to the National Grid.

5 This work with landowners and the Council is ongoing. However, Transpower continues to deal with problematic third party development and activities in close proximity to the National Grid.

6 Transpower’s proposed corridor approach will help to reduce the occurrences of incompatible third party development being authorised. It will ensure that people can make the most of their land within close proximity to the National Grid, while keeping themselves safe and the National Grid assets protected.

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INTRODUCTION

7 My full name is Jenna Marie Solver Fincham.

8 I am an Environmental Planner at Transpower New Zealand Limited (Transpower).

9 I have a Bachelor of Planning degree from the University of Auckland, and am a graduate plus member of the New Zealand Planning Institute. I have been working for Transpower for one and a half years. Prior to this, I worked for Transpower as a consultant for some 7 years.

10 In my role as an Environmental Planner at Transpower, I am responsible for managing third party subdivision and development enquiries. Much of this work is in the Auckland region.

11 I am familiar with the National Grid assets within the Auckland region.

12 This statement of evidence is lodged on behalf of Transpower to address submissions and further submissions made on the Infrastructure chapters of the PAUP (Topic 042).

CODE OF CONDUCT

13 I have read the Environment Court’s Code of Conduct for Expert Witnesses. As I am employed by Transpower, I acknowledge that I am not independent; however I have sought to comply with the Code of Conduct. In particular, unless I state otherwise, this evidence is within my sphere of expertise and I have not omitted to consider material facts known to me that might alter or detract from the opinions I express.

SCOPE OF EVIDENCE

14 My evidence will outline examples of Transpower’s recent experience with the notification (and non-notification) of consent applications in the Auckland Region which have caused safety

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issues, impacts on Transpower’s assets, and problems for landowners unable to use their land as they had planned.

75-85 ONEHUNGA MALL, ONEHUNGA - PROPOSED WAREHOUSE DEVELOPMENT

15 In January this year, a construction company contacted Transpower advising that it had been engaged to build a new office and warehouse development at 75-85 Onehunga Mall, Onehunga. The development involved demolition of the existing building and construction of a new 2000m2 office and warehouse building.

16 Transpower’s Henderson – Otahuhu A (HEN-OTA A) 220kV overhead transmission line traverses the site. Tower 0029 of this line is also located in the south eastern corner of the site. The HEN- OTA line is of crucial importance to Auckland. As a 220kV line, it is part of the National Grid backbone and is key to supplying North Auckland and Northland with electricity.

17 Transpower had significant concerns with the proposed development, particularly given the non-compliances with the New Zealand Electrical Code of Practice for Electrical Safe Distances (NZECP34).1 The demolition also posed significant risks to the structural integrity of Tower 0029 on the site, as well as electrical hazards, access and safety risks.

18 A photo of the existing building is below, showing its proximity to the Tower on site in the south eastern corner. I also note the proposed building is of a larger scale than the existing building.

1 Mr Noble covers the NZECP in more detail in his evidence.

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Figure 1 – Existing Building Site at 75-85 Onehunga Mall (Green line shows lot boundary)

19 The construction company contacted Transpower because the resource consent granted (R/LUC/2007/7050) for the development back in January 2009 required Transpower’s approval of the proposed construction methodology and compliance with resource consent conditions.

20 Following a review of the 2009 resource consent and Transpower’s files, it was evident that, although the landowner had contacted Transpower in 2007 for comment on a proposed development, Transpower had not been identified as an affected party during the resource consent process in January 2009. As a result of this, Transpower had not been given an opportunity to properly comment on the proposed development. The final resource consent decision included conditions of consent that breached the minimum requirements of NZECP34. It also encroached into the area around a tower which Transpower is seeking to be kept free from structures for access and safety reasons.

21 The Council again later overlooked Transpower when an application to extend the term of the 2009 consent was lodged. The

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application (R/EXT/2007/7050/1) to extend the 2009 consent term was granted in May 2015, for an additional two years. In deciding to grant the extension, Transpower was not consulted or considered an affected party.

22 Section 125(1A)(b)(ii) of the RMA, which deals with extending lapse periods, specifies that the consent authority must take into account whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension. The consent authority is also required to take into account the effect of the extension on any objectives and policies of a plan or proposed plan.

23 Transpower was not identified as an affected party, nor to my knowledge were the objectives and policies of the PAUP (specifically relating to the National Grid), or of the NPSET, taken into account. The only comment made by the processing planner with reference to Transpower, was that they considered the original conditions of consent to be sufficient.

24 As a result of granting this extension, the original resource consent conditions remain in place. By complying with these conditions, the landowner would be constructing a building that breaches minimum setbacks and earthworks provisions in NZECP34. NZECP34 is a regulation under the Electricity Act 1992 and compliance with its provisions is mandatory.

25 Transpower has been working with the landowner/developer for the past 5 months to achieve an acceptable and safe solution to enable the development at the site. Had Transpower been identified as an affected party back in 2009 at the beginning of the resource consent process, the problems, significant delays, and cost implication to the landowner and Transpower could have been avoided.

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36 FAIRCHILD AVENUE – PROPOSED DWELLING

26 New subdivisions, particularly infill subdivisions, are increasingly occurring throughout Auckland. Sometimes these result in residential activities occurring directly under National Grid lines. Mr Noble identifies the many risks and problems associated with such development in his evidence.

27 In Greenwood Heights, 36 Fairchild Avenue is an example where an historical subdivision decision has resulted in a major problem for developing the subdivided lot today. Transpower was not contacted nor identified as an affected party to the original subdivision application.

28 Transpower was first contacted by the landowner of 36 Fairchild Avenue to comment on a proposed dwelling for the subdivided site. Transpower’s proposed 12m Yard under the PAUP covers approximately half of the site as indicated in the annotated aerial photo below.

Figure 2 – Site at 36 Fairchild Ave and 12m Yard 29 Despite Transpower advising the landowner that it could not support the proposal for a dwelling (a sensitive activity) within the

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12m Yard, an application for resource consent for the dwelling was lodged with the Council. The application was rejected by the Council on a number of grounds. Additional information was requested by the Council, including a request for the landowner to contact Transpower to peer review the submitted Line Tech Consulting Report. The Council required “confirmation from Transpower that the development meets their minimum requirements.”

30 Transpower advised the Council that, although the development could meet the requirements of NZECP34, it did not meet Transpower’s minimum requirements in terms of the 12m Yard. Transpower advised that it considered itself an affected party in respect of the application.

31 Following a number of meetings with Council planners, the landowner and developers, an agreement was reached to relocate the dwelling further east, out of the 12m Yard, and to re-organise the habitable rooms within the dwelling to the eastern side of the dwelling where they would be beyond the Yard. This was an acceptable compromise, although not an ideal outcome for either Transpower or the applicant given the significant time and cost implications.

32 Had Transpower been identified as an affected party during the subdivision phase of the development, and had the plan provisions been clear about the need for a yard, this situation could have been avoided.

65 OAKDALE ROAD – PROPOSED SUBDIVISION AND DWELLING

33 A joint application was made for subdivision of an existing lot, and a new dwelling at 65 Oakdale Road, Mt Roskill. The Penrose - Mt Roskill A (PEN-ROS A) 110kV transmission line runs parallel to the site boundary, within road reserve. From the outset of consultation with the landowner, Transpower advised that, despite the transmission line being outside the site boundaries, due to the

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proposed dwelling being located within the 12m Yard, it would not support the proposal or provide affected party approval.

34 Once the application reached Council for processing, Transpower advised the processing officer of its concerns, and that it considered itself an affected party with respect to the proposal. Despite this advice, Transpower was not considered to be an affected party. Council officers considered that the effects on the National Grid were less than minor because the proposal complied with NZECP34.

35 Councils often place inappropriate reliance on compliance with NZECP34. Transpower considers that care needs to be taken to understand the purpose and limitations of NZECP34. NZECP34 is primarily about ensuring safe electrical separation distances for people and property, rather than achieving the wider purposes of sustainable management, which the NPSET expressly provides for.2

36 The following figures show the subdivision/dwelling plans, overlaid with Transpower’s 12m Yard.

Figure 3 - Site plan for proposed subdivision and dwelling plan

2 Mr Noble addresses this matter in more detail in his evidence

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Figure 4 - Site at 65 Oakdale and 12m Yard corridor

36 SUBRITZKY AVE – SUBDIVISION AND PROPOSED DWELLING

37 Similar to the Oakdale Road example, this example is of a joint subdivision and land use consent application at 36 Subritzsky Ave in Mount Roskill. Again, from the outset of consultation with both the landowner and the Council, Transpower advised that due to the dwelling being located within the 12m Yard, it would not support the proposal or provide its affected party approval.

38 The Council did not consider Transpower an affected party and resource consent to subdivide the site and build a new dwelling within the 12m Yard was granted.

39 In the planner’s decision report it was noted that many residential properties within the neighbourhood were already located directly below the transmission lines. The report considered that any potential effects on Transpower and the electricity transmission network were less than minor because the proposal complied with the NZECP34.

40 The decision report went on to note that, although Policy 11 of the NPSET directs decision makers to avoid sensitive activities establishing in corridors, those corridors can only be created on the development of new district plans.

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41 Policy 11 of the NPSET states that:

“Local authorities must consult with the operator of the national grid, to identify an appropriate buffer corridor within which it can be expected that sensitive activities [such as a residential dwelling] will generally not be provided for in plans and/or given resource consent.”

[Emphasis added]

42 Furthermore, the preamble to the NPSET specifically states that it is to be applied by decision-makers under the RMA, and guide them in making decisions on the notification of the resource consents and in the determination of resource consent applications.

43 In any case, regardless of the NPSET policies, I would have expected that effects of and from the National Grid would have been taken into account, given the nature of a transmission line and its associated risks, and that it is an existing and significant physical resource.

7A CORMACK ST, MT ROSKILL AND 362 BLOCKHOUSE BAY ROAD, BLOCKHOUSE BAY

44 These particular sites are further examples of infill subdivision creating new lots directly beneath a transmission line. Transpower was not involved or identified as an affected party to either of the original subdivision applications.

45 The owners of each site are now trying to develop the sites for residential uses. However, because each site is wholly located within the 12m Yard (as shown in Figures 5 and 6), Transpower cannot support new residential dwellings on these sites.

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Figure 5 – Site at 7A Cormack St and 12m Yard corridor

Figure 6 – Site at 362 Blockhouse Bay Rd and 12m Yard corridor

12B CARLTON STREET, HILLSBOROUGH

46 This particular new site, created by the amalgamation and subdivision of parts of existing properties, is another example of a lot being created directly beneath a transmission line and next to a tower. Again, Transpower was not involved or identified as an affected party to the original subdivision application.

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47 As can be seen from the site map below, the majority of the site is located within Transpower’s 12m Yard. A tower is also located on the northern boundary of the site, further restricting the use of the site.

Figure 7 - Site at 12B Carlton St and 12m Yard corridors 48 Had Transpower been consulted or identified as an affected party in the early stages of this subdivision, the design of this lot would not have been restricted by the transmission line corridor and tower.

49 A resource consent application has recently been lodged with the Council, and Transpower has been identified as an affected party. Transpower has been working with the applicant to achieve an acceptable outcome for all parties. As a result the applicant has designed around the 12m Yard and NZECP safe separation distances to achieve a design for four small units. Subject to confirming NZECP compliance, Transpower will be able to support this development.

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Figure 8 - Proposed development site plan

RUAKURA LAND DEVELOPMENT PLAN AND SUBDIVISION – CHEDWORTH PROPERTIES LTD

50 In May of this year, Transpower was contacted by a consultant acting for Chedworth Properties Ltd, seeking comments on its proposed Ruakura Land Development Plan (Area J) and 150 lot staged subdivision in Ruakura, Hamilton.

51 As background, Tainui Group Holdings and Chedworth Properties Limited lodged the Ruakura Plan Change (to the Hamilton City District Plan) with the Environmental Protection Authority in June 2013. This was referred to a Board of Inquiry (the Board), who subsequently accepted and notified the plan change.

52 In September 2014, The Board released its final decision approving the Ruakura Plan Change, which was then adopted by the Hamilton City Council and the relevant provisions included within a Schedule (Schedule 25H Ruakura) to the Operative Hamilton City District Plan.

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53 Provision was included within Schedule 25H Ruakura, for the applicant to obtain affected party consent from Transpower for any subdivision within the identified Transmission Corridor or for earthworks near any transmission line towers.

54 As a consequence of this provision being included within the plan, the applicant has consulted with Transpower early on in the consenting stage. In addition the Council planner processing the application is also aware of this requirement and subsequently has considered the potential effects of the development on Transpower. A Section 92 request for further information was issued by the Hamilton City Council with respect to this aspect.

55 Within a month of initially contacting Transpower for comment, the applicant and Transpower had come to an agreement on proposed conditions of consent which prevent underbuild, and manage risks to the line from earthworks.

CONCLUSIONS

56 Despite the NPSET being gazetted over 7 years ago, inappropriate development, including residential underbuild, continues to occur under and around National Grid - overhead transmission lines in particular. In addition to potentially exposing people and property to safety risks, third party development and activities can impact upon Transpower’s ability to operate, maintain, upgrade and develop National Grid infrastructure.

57 As demonstrated in the above examples (there are many more), although Transpower continues to actively work with landowners and the Council to increase awareness of third party issues and the need for its involvement as an affected party, there are still cases where this is not happening. This situation is resulting in sites that cannot be physically developed, or sites where some development can occur, but with restrictions for both the landowner and Transpower. Furthermore, the time and cost implications to both parties in order to achieve an acceptable solution can be significant.

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58 Had Transpower been identified as an affected party during the consenting of these developments, and had the plan provisions been clear about the need for corridors (such as in the Ruakura example), these incompatible developments could have been avoided.

59 In Auckland, the notification issue is a key concern for Transpower. Transpower encourages early dialogue with landowner’s proposing development near National Grid assets, but also seeks Council’s recognition that Transpower is an affected party in these cases.

60 In my view, Transpower’s requested changes to the PAUP to provide for corridors and related provisions, will help to reduce the occurrences of development which is incompatible with the National Grid being authorised. This will help ensure that people can make the best of their land within close proximity to the National Grid, whilst providing for safety and the protection of the National Grid.

Jenna Fincham 3 June 2015

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