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NZ Airports Association Submission On... Download TO: Resource Management Review Panel ("Panel") SUBMISSION ON: Transforming the resource management system: Issues and options paper ("Paper") FROM: New Zealand Airports Association ("NZ Airports") ADDRESS FOR SERVICE: See address for service below DATE: 3 February 2020 SUMMARY 1. NZ Airports is the industry association for New Zealand's airports and related businesses. Airports are significant users of the Resource Management Act 1991 ("RMA"), and rely on robust planning provisions to protect the nationally and regionally significant infrastructure we provide. As such, the development or transformation of New Zealand's resource management system is of critical importance to our members, and we welcome the opportunity to comment on the Paper. 2. The predominant challenge for New Zealand's airports under the current resource management system is managing reverse sensitivity effects. Managing the interface between airports and land uses around airports has become even more acute more recently, with the national and regional political focus on urban development and residential intensification. 3. The establishment of sensitive activities like housing near airports is problematic. It threatens the ongoing use and development of New Zealand's airports, while also exposing sensitive users to the effects of aircraft noise. Legislative and planning frameworks that do not provide appropriate tools to properly manage or avoid this issue threaten to undermine the current and future operation of airports. 4. In any restructure of New Zealand's resource management system, NZ Airports seeks: (a) nation-wide spatial planning, implementing the use of land use controls which clearly delineate the areas subject to adverse effects generated by infrastructure as inappropriate for sensitive use development, in recognition of the need to protect infrastructure from reverse sensitivity and promote positive and healthy development of communities; (b) protection for the safe and efficient operation of nationally or regionally significant infrastructure like airports, in recognition of their local, regional and national benefits for New Zealand's economic and social wellbeing; (c) robust notification and appeal processes, which enable stakeholders to identify and address core issues in the planning and consenting process; and (d) improved compliance, monitoring and enforcement processes to ensure plan provisions and consent conditions are adequately monitored by local authorities (or national bodies). 5. We address these matters in response to the specific issues raised by the Paper below. 4016363 1 WHO WE ARE 6. NZ Airports members1 operate 41 airports across the country, including the international gateways to New Zealand and the domestic airports making up the national air transport network. NZ Airports' members have extensive experience dealing with resource management processes and issues, and in particular with managing the environmental effects that can arise from the operation, maintenance and development of New Zealand's airports. 7. Airports are essential infrastructure, and play a crucial role in the social and economic well- being of our communities. Safeguarding the long-term growth of air travel and freight is a critical factor for many regions. If airport operations are unduly constrained (through, for example, poor planning of the land uses around airports), this can limit an airport's ability to contribute to local and regional economies, which can then have negative flow-on economic effects for those communities and regions. As such, it is critical that any new or altered resource management system ensures the ongoing and effective operation and development of New Zealand's airports. 8. NZ Airports has provided feedback on several recent resource management and related reforms, including the Resource Management Amendment Bill, Action for Healthy Waterways, the Kāinga Ora – Homes and Communities Bill and the proposed National Policy Statement for Urban Development. Our members have also been closely involved in extensive plan review processes in Auckland, Christchurch, and Queenstown, along with other regions and districts throughout New Zealand. REVERSE SENSITIVITY 9. Reverse sensitivity is a key issue for New Zealand's airports. It is a well-established resource management concept, referring to the susceptibility of established, effects- generating activities (which often cannot internalise all of their effects) to complaints or objections arising from the location of new sensitive activities nearby. Such complaints can place significant constraints on the operation of established activities, like airports, as well as their potential for growth and development in the future. 10. Certain effects that are lawfully generated by airport operations, such as aircraft noise, cannot be reasonably internalised. Acoustic insulation and other mitigation measures are not sufficient in themselves to address potential noise effects on residents or reverse sensitivity effects on airports. For example, such measures are only effective where windows and external doors are not opened. It is also not possible to mitigate effects of aircraft noise on outdoor spaces. Instead, robust planning controls, which restrict inappropriate development within areas affected by these effects are necessary to ensure these are managed appropriately. We expand on this at paragraphs 25 to 27 below. The cost of reverse sensitivity to airports 11. Reverse sensitivity effects pose a substantial threat to the ongoing efficient operation of New Zealand's airport infrastructure. Many of New Zealand's airports already operate in urban 1 Our member airports include Ardmore Airport, Ashburton Airport, Auckland Airport, Chatham Islands Airport, Christchurch Airport, Dunedin Airport, Gisborne Airport, Hamilton Airport, Hawke's Bay Airport, Hokitika Airport, Invercargill Airport, Kapiti Coast Airport, Kaikohe Airport, Katikati Airport, Kerikeri Airport, Marlborough Airport, Masterton Airport, Matamata Airport, Motueka Airport, Nelson Airport, New Plymouth Airport, Oamaru Airport, Palmerston North Airport, Queenstown Airport, Rangiora Airport, Timaru Airport, Rotorua Airport, Takaka Airport, Taupo Airport, Tauranga Airport, Wairoa Airport, Wanaka Airport, Whanganui Airport, Wellington Airport, West Auckland Airport, Westport Airport, Whakatane Airport, and Whangarei Airport. 4016363 2 environments. Development of sensitive activities in proximity to airports has materially constrained airport infrastructure in the past because it is impossible to internalise some of the effects of airport operations. For example, the location of sensitive residential development near airports, and/or the zoning of land near airports to enable such development, have resulted in operational restrictions and curfews at Wellington, Queenstown and Auckland Airports. 12. The Environment Court's 2019 decision to uphold a noise complaint in relation to aircraft engine testing at Whenuapai Airport illustrates that reverse sensitivity remains very much a live and significant issue for airports.2 In a case brought by a residential development company, the Court considered the potential impact of existing and established engine testing noise on the residential neighbours including those whose houses were built after the airbase was developed. The Court recognised that its decision could mean that "the Minister may not have the same ability to operate aircraft at Whenuapai Airbase as other requiring authorities do at other airports".3 This decision is a recent illustration of the way in which reverse sensitivity effects can and do lead to constraints on airport operators and other infrastructure providers.4 13. Costs incurred by New Zealand airport operators in relation to monitoring, recording and responding to reverse sensitivity complaints from sensitive / residential neighbours are significant. Airport operators throughout New Zealand must be involved in plan-making, designation, and resource consenting processes to ensure that airports are protected from reverse sensitivity effects. This includes making sure their growth and development is managed appropriately, and that local authorities are educated on the tension between residential intensification and the need to protect airports' lawful operation and planned development. Inappropriate housing locations – the cost to communities 14. Avoiding housing within areas affected by aircraft noise is a significant planning concern for local communities. The location of urban development is key to the provision of good quality and healthy housing for the well-being of residents. It is well recognised that developments placed within areas subject to the effects of aircraft noise may not achieve good quality or healthy housing.5 This is because exposure to high levels of aircraft noise can cause adverse health and well-being effects. 15. The impacts of reverse sensitivity and inappropriate housing within areas affected by aircraft noise are not just on the operations of airports. Good urban planning and development demands residential development to occur in appropriate locations. Planning controls that enable increased intensification in areas affected by aircraft noise or other infrastructure effects should be avoided. PURPOSE AND PRINCIPLES OF THE RMA (ISSUE 2) 16. From NZ Airport's experience, the application of the RMA's sustainable management purpose has been inconsistent, and unhelpful to users or developers seeking clear direction. 2 Neil Construction
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