AUCKLAND UNITARY PLAN OPERATIVE IN PART PROPOSED PLAN CHANGE 38 (Private) 522 – 524 Swanson Road, Ranui SUMMARY OF DECISIONS REQUESTED Enclosed: • Explanation • Summary of Decisions Requested • Submissions Explanation • You may make a “further submission” to support or oppose any submission already received (see summaries that follow). • You should use Form 6. • Your further submission must be received by Thursday, 12th March 2020. • Send a copy of your further submission to the original submitter as soon as possible after submitting it to the Council. Summary of Decisions Requested Plan Change 38 - 522 - 524 Swanson Road Summary of Decisions Requested Sub Sub # Point Submitter Name Address for Service Theme Summary Seek amendment to add a concept plan that development is required to comply with a setback KiwiRail Holdings Limited (KiwiRail) of 5m along the southern boundary and southeast 1 1.1 Attn: Pam Butler [email protected] Seek amendment part of the site Seek adquate assessment of reverse sensitivy effects of rail noise and vibration, and insert KiwiRail Holdings Limited (KiwiRail) mitigation provisions to apply to any development 1 1.2 Attn: Pam Butler [email protected] Seek assessment and mitigation within 100m of the rail corridor boundary 2 2.1 Withdrawn Withdrawn Withdrawn Withdrawn 2 2.2 Withdrawn Withdrawn Withdrawn Withdrawn 2 2.3 Withdrawn Withdrawn Withdrawn Withdrawn 1 of 1 Submissions # 1 22 January 2020 Auckland Council Level 24, 135 Albert Street Private Bag 92300 Auckland 1142 Attention: Planning Technician By email to: [email protected] SUBMISSION ON PUBLICLY NOTIFIED PROPOSAL FOR PLAN, CHANGE OR VARIATION (FORM 5) Plan Change 38 NAME OF SUBMITTER: KiwiRail Holdings Limited (KiwiRail) ADDRESS FOR SERVICE: Level 1 Wellington Railway Station Bunny Street PO Box 593 WELLINGTON 6140 Attention: Pam Butler Ph: 04 498 2127 Fax: 04 473 1460 Email: [email protected] KiwiRail Submission on Auckland Unitary Plan Operative in Part Plan Change 38 522-524 Swanson Road, Ranui KiwiRail Holdings Limited (KiwiRail) is the State-Owned Enterprise responsible for the management and operation of the national railway network. This includes managing railway infrastructure and land, as well as rail freight and passenger services within New Zealand. KiwiRail Holdings Limited is also the Requiring Authority for land designated “Railway Purposes” (or similar) in District Plans throughout New Zealand. The subject site is adjacent to the North Auckland Line which carries rail freight traffic and Metro passenger services can be obtained via Ranui Railway station. The Plan Change seeks to rezone the site from Business Light Industry to a combination of both Residential Mixed Housing Urban and Residential Terrace Housing and Apartment. KiwiRail’s submission relates to the following main issues; • The current zoning of the site is appropriate given the proximity to the rail corridor. Rezoning the site to enable residential development will result in an increase in sensitive activities that may give rise to safety and reverse sensitivity effects. • While the proximity of the site to good rail transport links is acknowledged, the plan change fails to consider the issues associated with rail noise and vibration that arise when incompatible activities are established nearby (in terms of both adverse effects on sensitive users and potential reverse sensitivity effects on the rail corridor) • the AEE includes a summary of the consultation undertaken with KiwiRail, at which time KiwiRail recommended provision for setbacks and acoustic treatment for sensitive dwellings. The acoustic assessment provided with Plan Change 38 does not refer to rail noise and vibration. The plan change 1 1 of 4 # 1 does not provide for these matters and there is a lack of certainty that these issues will be addressed in the future. KiwiRail could not gain an advantage in trade competition through this submission. KiwiRail wishes to speak to our submission and will consider presenting a joint case at the hearing with other parties who have a similar submission. KiwiRail’s detailed submissions on Plan Change 38 are set out in the attached table. Regards Pam Butler Senior RMA Advisor KiwiRail 22 January 2020 2 2 of 4 # 1 AUP OP Plan Proposed Support/Oppose/ Seek Submission/Comments/Reasons Relief Sought (as stated or similar to achieve Change 38 Amendment Amendment the requested relief) 522-524 Swanson Road, Ranui Plan Change 38 Setbacks from the Seek amendment A key concern for KiwiRail is to ensure the safe and efficient operation of the rail network, in particular Add a concept plan to the Plan Change which any rail corridor where neighbouring activities may come into conflict with adjacent land uses. Providing a physical setback development on the site is required to comply with boundary for buildings adjoining the railway corridor boundary is a safety control which manages the interface providing that building development along the between operations within the railway corridor and activities near the railway corridor i.e. it ensures that southern boundary and in the southeast east part site occupants are able to carry out normal residential activities, including building maintenance with a of the site will be set back from the boundary by reduced risk of coming into contact with the operational railway. A building setback is appropriate to 5m. reduce the potential conflict between the safe enjoyment and maintenance of buildings on adjacent properties and activities within the operational rail corridor. The urban design report shows an access way aligned east-west along the rail corridor boundary in the Concept Plan Design Test. This sets most building sites back from the boundary; which will act to protect the safety and amenity of future inhabitants. This access way is listed as a key reason in the Urban Design Report for support of the proposal as "… (allowing units to have outdoor amenity spaces away from the noise of the rail corridor), and sufficient space also for outdoor living spaces, also north-facing and separated from the rail corridor. This gives me confidence that the re-zoning would be appropriate." KiwiRail’s submission is that the outline ‘structure plan’ should be formalised in the Plan Change as it provides an efficient method to address this key concern, or alternatively that provision made in the PC38 for a 5metre (m) setback from the KiwiRail boundary. If this is not provided for then a key reason behind support for the proposal detailed in Urban Design Report will be undermined. Plan Change 38 Assess reverse Seek assessment of reverse Another key part of ensuring the safe and efficient operation of the railway network is ensuring that reverse Amend the Plan Change by; sensitivity effects sensitivity effects and provide sensitivity effects on the railway corridor are appropriately mitigated. These effects arise from the impact of a. Providing an adequate assessment of rail from the railway adequate mitigation measures in noise and vibration arising from railway operations on nearby residents. It is widely accepted nationally noise and vibration effects and mitigation corridor the plan change and internationally that sound and vibration from road and rail networks have the potential to cause measures, as is done with the industrial adequately, adverse health and amenity effects on people living nearby. This has been documented by authoritative zone including mitigation bodies such as the World Health Organisation (“WHO”). With respect to sound from road and rail measures and alter networks, WHO guidelines note the following adverse effects: ischaemic heart disease, hypertension, high And PC accordingly annoyance and sleep disturbance. Where adverse noise effects are not adequately managed, b. Insert noise and vibration requirements consequential reverse sensitivity effects on the railway corridor are likely to arise in addition to health into the plan change to apply to any effects on residents. Railways are generally an accepted part of the urban environment, but many people development within 100m of the rail do not appreciate the actual effects of living with rail sound when they choose to build new houses near corridor boundary. existing railway designations. Even when a site has been visited during the day, prospective residents might not have envisaged the continuing sound into the evening when they could be relaxing outside in the summer, or at night when trying to sleep with windows open. Railway operations occur 24/7 either and include maintenance activities. For new buildings being constructed near railway networks it is relatively straight-forward to control internal sound and vibration through the building location, design and systems (like mechanical ventilation). In most cases it is practical to achieve acceptable intern al sound and vibration levels. Likewise, screening can be used to achieve reasonable external sound levels. Thus, with careful design, future occupants can be protected from the most significant adverse effects associated with railway noise. The plan change seeks to provide for medium residential density next to a railway line however the plan change has not adequately assessed noise and vibration effects from the railway corridor. The application 3 3 of 4 # 1 AUP OP Plan Proposed Support/Oppose/ Seek Submission/Comments/Reasons Relief Sought (as stated or similar to achieve Change 38 Amendment Amendment the requested relief) 522-524 Swanson Road, Ranui has not included any assessment of rail noise and vibration effects but takes a view that this is adequately addressed under current plan controls. There is also inadequate assessment of the potential reverse sensitivity effects on the railway line. Effects on the railway line are not referenced at all in s7.44 – Reverse Sensitivity Effects of the AEE. The only consideration of such effects in the plan change documents is a brief reference in the Urban Design Report but is not based on any robust assessment. The Acoustic Assessment only assesses reverse sensitivity effects on the surrounding industrial zoning (s4) and provides suggested noise mitigation measures.