23.1 RENEWABLE ENERGY

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1 Proposed Hastings District Plan as Amended 23.1 Renewable Energy 23.1 RENEWABLE ENERGY INTRODUCTION The use of energy is of fundamental importance to the function and development of our society. The Resource Management Act 1991 (RMA) definition of natural and physical resources includes energy and, as a consequence, the development and use of energy resources must be addressed by the District Plan. While electricity is critical to the efficient functioning of our communities, the development of generation facilities has the potential to both adversely and positively affect the environment. Depending on the type of generation facility developed, these effects can occur at a local level through to the global level. Global level adverse effects can arise from generation facilities that release greenhouse gases, whereas renewable electricity generation facilities can result in positive global effects. In response to climate change, the New Zealand Government has set a target for 90% of the country s electricity to be generated from renewable resources by the year To achieve this, a National Policy Statement for Renewable Electricity Generation (2011) ( the NPS ) has been put in place. This District Plan must give effect to the NPS. It is recognised that to achieve the target, New Zealand will require significant development of renewable electricity generation activities along with the protection of output from existing activities. This is further reinforced by Section 7(j) of the Act which requires Council to have particular regard to the benefits derived from the use and development of renewable energy. As defined by the NPS, and for the purposes of this District Plan, renewable electricity generation means the generation of electricity from solar, wind, hydro-electricity, geothermal, biomass, tidal, wave or ocean current energy sources. Renewable electricity generation activities mean the construction, operation and maintenance of structures associated with renewable electricity generation. This includes small and community-scale distributed renewable generation activities and the system of electricity conveyance required to convey electricity to the distribution network and/or the national grid and electricity storage technologies associated with renewable electricity. This section recognises that renewable energy is an essential resource, and sets direction for activities that convert natural resources into electricity, this section inter-relates with the activities enabled for network utility operators in section Section 23.1 Renewable Energy Page 1

2 23.1 Renewable Energy Proposed Hastings District Plan as Amended ANTICIPATED OUTCOMES It is anticipated that the following Outcomes will be achieved: REAO1 The benefits of the District s renewable energy resources and the electricity generation facilities that utilise such resources are recognised (locally, and/or regionally/nationally) in the sustainable management of the District s resources. REAO2 A range of renewable electricity generation initiatives are supported by the District Plan s objectives, policies and provisions, in a manner that integrates with the protection of the District s outstanding landscapes and special characteristics. REAO3 The District s communities can be self-sufficient in energy, and can meet the majority of their electricity needs from a diverse range and scale of renewable energy resources. REAO4 Individuals and communities can choose to generate their own electricity from renewable energy resources. Page 2 Section 23.1 Renewable Energy

3 Proposed Hastings District Plan as Amended 23.1 Renewable Energy OBJECTIVES AND POLICIES OBJECTIVE REO1 Relates to REAO1, REAO2, REAO3 and REAO4 POLICY REP1 Relates to Objective REO1 To enable the sustainable use and development of Renewable Energy Resources across the Hastings District. To provide for the use and development of renewable energy resources of the Hastings District for electricity generation in recognition that this particular local, regional and national benefits in relation to climate change, national energy production and social and economic wellbeing. Explanation Use of renewable energy resources can: Maintain or enhance electricity generation capacity while avoiding, reducing or displacing greenhouse gas emissions; Maintain or enhance the security of electricity supply at local, regional and national levels by diversifying the type and/or location of electricity generation; Assist in meeting international climate change obligations, and; Avoid or reduce reliance on fossil fuels for the purpose of generating electricity. OBJECTIVE REO2 Relates to REAO1, REAO2, REAO3 and REAO4 POLICY REP2 Relates to Objective REO2 To enable renewable electricity generation activities, given the practical constraints they face, while avoiding or mitigating their adverse effects. Provide for the identification, investigation, establishment, development, upgrading, operation and maintenance of new and established renewable electricity generation facilities. Explanation Meeting or exceeding the 90% national target for the generation of electricity from renewable resources will require the significant development of renewable electricity generation activities. Investigation, identification and assessment of potential sites and energy sources for renewable energy generation will be supported by rules in this Plan. Maintenance of the generation output of renewable electricity generation activities can require protection of the assets, operational capacity and continued availability of the renewable energy resource. POLICY REP3 Relates to Objective REO2 To recognise the environmental, functional, operational and technical constraints of manage new and existing renewable electricity generation activities. Explanation There is a practical need to locate renewable electricity generation activities where the renewable energy resource is available. This needs to be balanced against other important factors concerning sensitivity of the landscape, and areas of cultural, historical or ecological importance. It recognised that there may be environmental, functional, operational or technical constraints associated with construction, operating, maintaining or upgrading renewable electricity generation activities. Necessary associated structures and infrastructure include, but are not limited to, roads, navigation Section 23.1 Renewable Energy Page 3

4 23.1 Renewable Energy Proposed Hastings District Plan as Amended and telecommunication structures and facilities, wind monitoring masts, the distribution POLICY REP4 Relates to Objective REO2 POLICY REP5 Relates to Objective REO2 POLICY REP6 Relates to Objective REO2 Provide for small and community-scale distributed renewable electricity generation facilities. Explanation Development and operation of small and community-scale distributed renewable electricity generation facilities where the benefits are local and significant adverse environmental effects are avoided, remedied or mitigated, will be provided for through rules and associated performance standards. To protect renewable electricity generation activities from reverse sensitivity effects. Explanation Renewable electricity generation activities need to be protected from sensitive activities locating in close proximity to them and compromising their ability to operate. This can be addressed firstly by the consideration of buffer areas and boundary setbacks when the renewable electricity generation activity is established. Subsequent to this planning decisions will need to be made having regard to the potential for the renewable electricity generation activities to be compromised by reverse sensitivity effects from sensitive activities seeking to establish. To recognise that in some circumstances not all significant environmental effects of renewable energy generation activities can be avoided or remedied. In determining if a proposal is consistent with sustainable management regard will be had to any environmental compensation or mitigation measures offer by the applicant as part of the proposal. Explanation Where significant adverse effects of renewable electricity generation activities cannot be practically avoided or remedied, regard will be had in determining a resource consent application and imposing and resource consent conditions, to any mitigation measures and/or environmental compensation offered by the applicant as part of a proposal, including measures or compensation which benefit the environment or the community. Page 4 Section 23.1 Renewable Energy

5 Proposed Hastings District Plan as Amended 23.1 Renewable Energy METHODS The Anticipated Outcomes set out in Section will be achieved and the Objectives and Policies set out in will be implemented through Section 23.1, and the following Methods: HASTINGS DISTRICT PLAN Section 22.1 Network Utilities DWA: This manages the establishment, operation, maintenance and repair of Network Utility facilities throughout the Hastings District. Network Utilities have a strong inter-relationship with renewable electricity generation in terms of network utility operators providing electricity infrastructure. Section 17.1 Natural Features and Landscapes DWA: This controls the establishment of renewable electricity generation structures on sites identified as Outstanding Landscapes. Section 18.1 Heritage Items And Notable Trees DWA: This controls the construction of or addition to any renewable energy structure within the drip line of any tree identified in the Plan as being Notable as well as any alteration to the exterior of a Heritage Item (which would include the attachment of renewable electricity generation structures) listed in the Plan. Section 16.1 Waahi Tapu DWA: This section of the District Plan recognises that traditional Maori culture and values are closely linked to the environment. The relationship of Maori and their culture and traditions with their ancestral lands, water, sites, Waahi Tapu, and other Taonga is a matter of national importance under the Act. Tangata Whenua and Council have endeavoured to identify Waahi Tapu, some sites are not disclosed because of their sacredness. Section 31.1 Designations: Allow land to be secured for public works or other projects and facilitate the establishment of what are often necessary or essential services. A requiring authority means a: NATIONAL POLICY STATEMENT FOR RENEWABLE ENERGY GENERATION NATIONAL ENVIRONMENTAL STANDARD FOR ELECTRICITY TRANSMISSION RESOURCE MANAGEMENT (NATIONAL POLICY STATEMENT ON Minister of the Crown; Local Authority, or Network Utility Operator approved as a requiring authority under Section 167 of the Act This Policy Statement sets out an objective and policies to enable the sustainable management of renewable electricity generation. The proportion of New Zealand s electricity generated from renewable energy sources needs to increase to a level that meets or exceeds the New Zealand Government s 90% national target for renewable energy generation. These regulations provide National Environmental Standards for electricity transmission for the National Grid. The Regulations categorise activities that relate to the operation, maintenance, upgrading, relocation, or removal of existing transmission lines. This Policy Statement was promulgated in response to the need to operate, maintain, develop and upgrade the electricity transmission network being considered a matter of national significance. The policy guidance has been designed so local authorities can adapt rather Section 23.1 Renewable Energy Page 5

6 23.1 Renewable Energy Proposed Hastings District Plan as Amended ELECTRICITY TRANSMISSION NEW ZEALAND ELECTRICITY CODE OF PRACTICE FOR ELECTRICITY SAFETY DISTANCES 2001 (NZECP 34:2001) than adopt the examples provided to suit the particular format and structure of their planning instruments, or as part of addressing the specific resource management issues of their region or district in giving effect to the NPS. The Electrical Code of Practice (Code) sets minimum safe electrical distance requirements for overhead electric line installations and other works associated with the supply of electricity from generating stations to end users. The minimum safe distances have been set primarily to protect persons, property, vehicles and mobile plant from harm or damage from electrical hazards. Page 6 Section 23.1 Renewable Energy

7 Proposed Hastings District Plan as Amended 23.1 Renewable Energy RULES The following table sets out the status for renewable energy generation activities: RULE TABLE RENEWABLE GENERATION ACTIVITIES RULE LAND USE ACTIVITIES ACTIVITY STATUS RE1 Domestic scale renewable electricity activities including: (i) Solar panels attached to dwellings, commercial and industrial buildings, (ii) A single wind turbine per site, (iii) A single electric vehicle charging point per site, and (iv) Electric vehicle charging points provided in public road reserve Which comply with all relevant Performance Standards and Terms specified in P RE2 Any work or activity associated with the on-going operation maintenance or upgrading within the originally consented or authorised footprint of any lawfully established Renewable Electricity Generation Activity P RE3 Wind Monitoring Mast not exceeding 25m in height within all zones P RE4 Wind Monitoring Mast not covered by Rule RE3 RD RE5 RE6 Domestic scale renewable electricity generation activities not meeting the Performance Standards and Terms in Section The construction and commissioning of new Renewable Electricity Generation Activities or any work associated with the operation, maintenance or upgrading of any lawfully established Renewable Electricity Generation Activity not covered by Rule RE2, including (but not limited to): RD D (i) Wind turbines, windmills, wind power generators (ii) Solar Power (excluding panels on dwellings) (iii) Hydroelectric power (iv) Geothermal, biomass, biogas RE7 Any Renewable Electricity Generation activity within ONFL1 or ONFL4 NC Section 23.1 Renewable Energy Page 7

8 23.1 Renewable Energy Proposed Hastings District Plan as Amended GENERAL PERFORMANCE STANDARDS AND TERMS The following General Performance Standards and Terms apply to all domestic scale renewable electricity generation activities A BUILDING HEIGHT The maximum height of all new buildings and structures shall meet the underlying Zone requirements. On any boundary of the site adjoining a Residential Zone, buildings and structures shall not project beyond a building envelope constructed by recession planes from points 2.75m above the boundary. The angle of such recession planes shall be determined for each site by use of the Recession Plane Indicator in Appendix B YARDS All new buildings and structures shall meet the underlying zone setback requirements, including front yard setbacks, side, rear and/or other yard setbacks C LIGHTING AND GLARE All external lighting spill shall comply with the provisions of the relevant underlying zone provisions for acceptable lux levels D NOISE All activities shall comply with the provisions of Section 25.1 of the District Plan on Noise. Outcome The amenity of the surrounding area will be maintained by preventing tall obtrusive structures or buildings, and access to daylight on adjoining properties will be protected. Outcome The amenity of the surrounding area will be maintained by buildings and structures being set back from other sites and roads. Outcome Surrounding properties will not be adversely affected by light or glare. The safety of roads will be maintained by preventing glare and light spill onto them. Outcome The outcomes of Section 25.1 of the District Plan on Noise will be achieved. Page 8 Section 23.1 Renewable Energy

9 Proposed Hastings District Plan as Amended 23.1 Renewable Energy ASSESSMENT CRITERIA Restricted Discretionary Activities For Restricted Discretionary Activities, the following criteria identify those matters which Council has restricted its discretion over in assessing Resource Consent applications: (a) The extent to which the adjacent properties will be adversely affected in terms of visual domination, overshadowing, loss of privacy and loss of access to sunlight and daylight, and the ability to mitigate any adverse effects; and (b) The character, level and duration of noise as received at the boundary, or notional boundary of another site; and (c) If applicable, the extent to which the activity may adversely affect the District Plan identified Heritage item, Outstanding Natural Feature or Landscape, Significant Amenity Landscape, Recommended Area for Protection, or Waahi Tapu included in Appendices 43, 44, 56 and 50. (d) Location and scale of Wind Monitoring Mast along with associated structures i. Special technical requirements and constraints of the wind monitoring mast. ii. The safe operation of rural airstrips and aviation Discretionary Activities For Discretionary Activities, Council s assessment is not restricted to the following matters, but may consider the following where relevant: (a) The contribution the proposal will make towards achieving energy policy objectives and/or renewable electricity generation targets of the New Zealand Government. (b) The local, regional and national benefits to be derived from the use and development of renewable energy resources, including the contributions the proposal will make to the: i. Security of electricity supply for current and future generations; ii. increased energy independence for of the communities of Hastings District; iii. reduced dependency on imported energy sources; iv. reduction in greenhouse gases; and v. reduction of exposure to fossil fuel volatility. (c) Any other benefits or positive effects that the project is able to demonstrate. This may include adding to and diversifying the District s generation base, increased network resilience, reduced grid investment, local industry development, and price security for the local community. (d) The extent to which the location and design of the activity is constrained by environmental, functional, operational and technical requirements. (e) The actual and potential noise effects of the proposal, and the ability (if relevant) to meet NZS 6808:2010 Acoustics Wind Farm Noise, and other relevant standards such as NZS 6802:1991 "Assessment of Environmental Sound". (f) The actual and potential effects of the proposal, with particular consideration of the following: Section 23.1 Renewable Energy Page 9

10 23.1 Renewable Energy Proposed Hastings District Plan as Amended (i) (ii) (iii) (iv) (v) Where the proposal is located within Natural Features and Landscapes identified in Appendix 43, 44, 45, and 46, the effects of the proposal on the identified values of the natural feature and landscape; the extent to which the proposal will affect the natural character of the coastal environment and rural environment; the extent to which the proposal will adversely affect cultural values, including on Waahi Tapu identified in Appendix 50; the extent to which the proposal will adversely impact on dwellings, key public places including major roads and recreation areas; the extent to which any aspects of the proposal can be sited underground where practicable. (g) The effect of the overall scale of the proposed development, including the number of structures, their height, the visual effect of the development as a whole, staging of the development and temporary effects as a result of construction. (h) The extent to which the proposal will affect amenity values of the surrounding environment with particular regard being given to the effects of the development on residential dwellings, including consideration of any potential adverse effect on amenity values discernible at the dwelling including: (i) (ii) (iii) electromagnetic interference to broadcast or other signals; if wind turbines are involved, blade glint resulting from the reflection of the sun from the turbine blades; if wind turbines are involved, shadow flicker resulting from sunlight on the rotating blades casting a shadow that rapidly moves across the windows of a dwelling within 10 rotor diameters distance of a turbine. (i) The extent of the ecological effects of the proposal, in particular: (i) (ii) (iii) (iv) the extent to which significant indigenous vegetation and significant habitats of indigenous fauna are affected, including Recommended Areas for Protection identified in appendix 56; the potential effects on indigenous birds or other indigenous fauna, either migratory species or resident populations on site; the sensitivity of the site to disturbance; the extent of any proposed earthworks and the degree to which storm water runoff and the effects on local catchments can be managed. (j) The effects on archaeological sites, heritage and cultural values, including any heritage items identified in Appendices 47, 48 and 49. (k) The effects of the proposal on traffic safety (including blade glint and shadow flicker if involving wind turbines). (l) The effects of traffic and vehicle movements as a result of the proposal and the extent that traffic or site management plans can be implemented to mitigate effects. (m) The extent to which the activity may exacerbate or be adversely affected by natural hazards. (n) The extent of any required earthworks, including access tracks, roads and building platforms and the rehabilitation proposed. Page 10 Section 23.1 Renewable Energy

11 Proposed Hastings District Plan as Amended 23.1 Renewable Energy (o) The extent to which any adverse effects will be avoided, remedied or mitigated by the following: (i) (ii) (iii) alternative siting of the structure(s) including any ancillary structure(s); alternative design of the structure(s) including any ancillary structures(s); alternative colour of the structure(s) including any ancillary structures(s). (p) The electromagnetic effects of the proposal, including effects on existing telecommunications. Section 23.1 Renewable Energy Page 11

12 23.1 Renewable Energy Proposed Hastings District Plan as Amended Page 11 Section 23.1 Renewable Energy

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