Cosgrove: It’s urgent to fast-track land development
Clayton
COSGROVE
Earthquake Recovery
Spokesperson
MP for Waimakariri
21 August 2011 MEDIA STATEMENT
Cosgrove: It’s urgent to fast-track land development
Waimakariri MP and Earthquake Recovery spokesperson Clayton Cosgrove wants the Government to take up his members airport bill urgently to allow fast-track development of large areas of affordable Kaiapoi and Christchurch land.
Clayton Cosgrove says his Christchurch International Airport Protection Bill, drafted by him in 2009 but yet to be drawn from the ballot, has become increasingly urgent after the Government’s decision on Thursday to red-zone nearly 1000 properties in Kaiapoi and the earlier announcement red-zoning large parts of Christchurch.
“My Bill would allow large areas of land in Kaiapoi and Western Christchurch to be appropriately developed while protecting the on-going operations of Christchurch Airport. We need reasonably-priced land to be developed as soon as possible.
“Christchurch International Airport Limited’s (CIAL’s) longstanding objections to property development in Kaiapoi and Western Christchurch, based on misplaced concerns their operations could be limited due to increased noise complaints in the future, are unfounded and will not assist in the recovery of Canterbury,” Clayton Cosgrove said.
“The need to develop land in Kaiapoi (located 13 kms from the Airport) could not be more pressing than it is now following the decision to red-zone nearly one quarter of the total number of all homes in the Town. This is an opportunity to hold this community together by releasing good land that would allow people to rebuild within the Town.
“My Bill would allow development in Kaiapoi and Western Christchurch to take place while protecting the airport’s on-going operations,” Clayton Cosgrove said. “The Government should adopt it now.
“My Bill gives (CIAL) legislative security to continue to operate 24 hours a day, seven days a week, without the threat of a curfew. It also ensures landowners have the right to develop their land and it puts more land in the marketplace which gives quake victims further opportunities to secure their future. Everyone is a winner, there is no downside.
“CIAL acknowledges it is the only airport company in the world trying to restrict residential property development by using a 50-decibel noise contour. My Bill allows such development to occur, bringing CIAL into line with all other international airports worldwide.
“Parliament has already given the Government extraordinary powers to fast track legislation to speed up Canterbury’s recovery,” Clayton Cosgrove said. “This includes freeing up land. It should get on and do it.
“No one wants the airport’s operating hours restricted. The airport is a vitally important economic contributor to our region. That’s why this Bill is a win-win --- and Christchurch and Kaiapoi especially urgently needs that win-win right now,” Clayton Cosgrove said.
NOTE TO REPORTER: COPY OF MY
MEMBERS BILL FOLLOWS
Authorised by
Clayton Cosgrove MP 156B Williams St. Kaiapoi
Christchurch International
Airport Protection Bill
Member's
Bill
Explanatory Note
The proposed
bill seeks to resolve two currently conflicting positions
by:
• Ensuring the continued operation and
growth of Christchurch International Airport (CIAL) as a 24
hour, 7 day international airport.
• Ensuring
that aircraft noise generated by the above operation of CIAL
cannot be used as a reason to prohibit development around
the airport outside the 55 dBA LDN contour.
Hon
Clayton Cosgrove
Christchurch International
Airport Protection Bill
Member’s
bill
[Contents]
The
Parliament of New Zealand enacts as
follows:
1. Title
This Act
is the Christchurch International Airport Protection Act
2009.
2.
Commencement
This Act comes into force on the
day after the date on which it receives the Royal
assent.
3. Purpose
The purpose of
this Act is—
(a) to recognise and protect the
ongoing viability and growth of the Airport as an
infrastructure facility of national, regional and
sub-regional significance:
(b) to protect the
Airport from curfews due to the need to mitigate reverse
sensitivity effects associated with aircraft noise, from
people living in proximity to the Airport:
(c) to
provide for limits on the extent of restrictions against
urban development on grounds of aircraft noise that are able
to be included in district plans prepared under the Resource
Management Act 199, for land affected by aircraft noise,
lying between the 50 and 55 Ldn dBA noise contour.
4.
Interpretation
For the purposes of this Act,
unless the context otherwise requires,—
aircraft noise means noise from
takeoffs and landings and the overflying of commercial
aircraft, and does not include the noise from ground running
or engine testing of aircraft using the Airport
air noise boundary means the
boundary of an area around the Airport identified in a
District Plan as the location for noise monitoring of the
Airport’s compliance with an Ldn 65 dBA noise limit, and
includes an area of Noise Sensitive Land within which the
predicted noise exposure from aircraft noise will be
sufficiently high as to require the inclusion in a district
plan of appropriate land use controls or other measures to
avoid, remedy or mitigate any adverse effect on the
environment, including effects on community health and
amenity values
Airport
means—
(a) the Christchurch
International Airport at Harewood in Christchurch being an
area of approximately 700 hectares which includes runways,
airport buildings and surrounding land used for airport
support services; and
(b) bounded in the
north by McLeans Island and Jessons Roads, to the west by
Pound Road, the east by Russley Road and extends southwards
to Grays and Ryans Roads
District
Plan has the meaning given in section 2 of the
Resource Management Act 1991
Land Information Memorandum
has the meaning given to it under section 44A Local
Government Official Information and Meetings Act
1987
Ldn is a
value representing the day/night sound level in decibels (re
20 micropascals) over a 24 hour period (from midnight to
midnight) with the addition of 10 dB to night-time levels
during the period from 10pm to 7am, to take account of the
increased annoyance caused by noise at night; the day/night
level being based on an average day over an extended period
of time
Minister
means the Minister of Transport
New Zealand
Standard means NZS 6805:1992 or any replacement
thereof
noise contour
means a boundary around the airport comprising
Noise Sensitive Land, being land within which the projected
noise exposure from future aircraft operations will be at or
exceed the specified level, and where the Noise Contour is
based upon the Day/Night Sound Level (Ldn) predicted in
accordance with New Zealand Standard NZS 6805: 1992
“Airport Noise Management and Land Use Planning”
noise-sensitive activities
means—
(a) residential activities other
than those in conjunction with rural activities:
(b)
education activities including pre-school places or
premises, but not including flight training, trade training
or other industry related training facilities:
(c)
travellers accommodation except that which is designed,
constructed and operated to a standard to mitigate the
effects of aircraft noise on occupants:
(d)
hospitals, healthcare facilities and any elderly person
housing or complex
noise sensitive
land means land lying within the noise contours
where noise sensitivities are regulated under a District
Plan depending upon the predicted level of noise exposure
from aircraft noise
outer
control boundary means the boundary of an area
around the Airport identified in a District Plan as an area
of Noise Sensitive Land where new Noise Sensitive Activities
are to be discouraged.
Regional Council means the
Canterbury Regional Council
Territorial Authority means a territorial authority as defined in section 5 of the Local Government Act 2002, within which the Noise Sensitive Land is located.
5.
Resource Management Act 1991 not to apply
(1)
No provision of the Resource Management Act 1991 can be used
and no action can be taken, that would limit the operation
and future growth of the Airport as a 24-hour, 7-day
international airport on grounds relating to abatement of
aircraft noise.
(2) For the avoidance of doubt,
section 9(8) of the Resource Management Act does not apply
and section 16 of that Act may not be applied with regard to
aircraft noise except to the extent provided for under this
Act.
6.
Noise-Sensitive Activities within the 65 dBA Ldn
Contour
(1) The airport noise boundary is
to be set in the District Plan at the 65 dBA Ldn
contour.
(2) A District Plan is to prohibit new
noise-sensitive activities within the 65 dBA Ldn noise
contour, in accordance with the recommendations for land use
planning controls contained in the NZ Standard.
7. Noise-sensitive activities between
the 55 and 65 dBA Ldn contours
The outer control
boundary in a District Plan is to be set at the 55 dBA Ldn
contour in accordance with the recommendations contained in
the NZ Standard.
8.
Noise-sensitive activities outside the 55 dBA Ldn
contour
(1) A District Plan can not
regulate noise-sensitive activities for the purpose of
mitigating the adverse effects of aircraft noise on land
lying outside the 55 dBA Ldn contour, except for the purpose
of setting such standards for the mitigation of effects on
amenity due to annoyance, as are considered appropriate in
terms of relevant provisions of the Resource Management Act
1991.
(2) For the avoidance of doubt, a District
Plan must not identify annoyance from aircraft noise at
noise level exposures less than 55 dBA Ldn as a restraint on
urban development of that land.
(3) Subject to
subsection (1), a Territorial Authority may
include provisions in a District Plan that prescribe a
standard of acoustic insulation for all new noise-sensitive
activities and all additions to such activities between the
50 dBA Ldn noise contour and the 55 dBA Ldn noise contour in
accordance with the New Zealand Standard.
(4) For
the avoidance of doubt, nothing in this Act otherwise limits
the powers of a Territorial Authority in respect of the
contents of a District Plan prepared under Part 5 of the
Resource Management Act in respect of land—
(a)
affected by constraints pertaining to development of land
not related to the control of the effects of aircraft noise;
or
(b) between the 55 and 65 Ldn dBA
contours.
9. Land
Information Memoranda to contain notation
(1)
All Land Information Memoranda for land within the 50 dBA
Ldn contour must include the following:
(a) the
predicted level of exposure to aircraft noise:
(b)
the provisions of this Act, and the consequent lack of
provision under the Resource Management Act 1991 to seek
redress or abatement against the Airport:
(c ) any
requirements under the District Plan for mitigation of
aircraft noise.
(2) For the avoidance of doubt,
Land Information Memoranda must note where properties fall
within the 50, 55, or 65 dBA Ldn noise contour.
10. Modelling of noise
contours
(1) The 50, 55, and 65 dBA Ldn
noise contours must be modelled every 10 years, or earlier
if there is a significant change in Airport operating
procedures that might cause the noise contours to
change.
(2) The noise contours must be modelled by
the Airport in accordance with the NZ Standard.
(3)
The noise contours arrived at by subsection
(2), as well as the inputs and rationale for their
inclusion, must be subject to independent verification by
the Regional Council and Territorial Authorities prior to
inclusion in any district plan.
(4) Following
approval under subsection (3), the contours
must be submitted to the Minister for final approval.
(5)
Following the completion of the processes set out in
subsections (1) to (4), the noise contours
must be included in the relevant district plans in
accordance with Schedule 1 of the Resource Management Act
1991.
11. Ongoing
monitoring
(1) Nothing in this Act
affects the obligation of District Councils to monitor
compliance with any provision in its District Plan designed
to secure controls of noise from overflying aircraft at the
air noise boundary in accordance with the New Zealand
Standard.
(2) The Council must report to the
Minister as necessary regarding whether—
(a)
additional measures are necessary for the mitigation of
noise from airport operations; and
(b) whether
re-modelling of the noise contours before the specified time
is warranted.
12. Other
noise issues subject to other statutes
(1)
Despite section 5, noise from activities
not specifically dealt with by this Act will remain subject
to the provisions of the Resource Management Act
1991.
(2) For the avoidance of doubt, section 16
of that Act will continue to apply for all noise associated
with aircraft activities at the Airport other than noise
associated with aircraft takeoffs and landings, and
overflying aircraft.
13. Compensation not
payable
(1) No interest in land is deemed
to be taken or injuriously affected as a result of that land
being included in a noise contour and identified as noise
sensitive land.
(2) No compensation will be paid
to meet requirements for mitigation of aircraft noise by
provisions included under a District Plan as a result of
this Act.
(3) This provision does not apply where
the land is affected by a designation included in the
District Plan for Airport purposes in accordance with the
Resource Management Act 1991, in which case the provisions
of Part 8 of that Act, and the Public Works Act 1981, will
apply.
14. District Plan
rules
Subject to sections 6,
7, 8, and 10, in order to achieve the purpose of
this Act, a Territorial Authority may include rules in a
district plan in accordance with Part 4, and as provided for
under Part 5 of the Resource Management Act 1991, for the
control of aircraft noise; and to avoid, remedy or mitigate
the effects of aircraft noise on the health and amenity of
people living in the noise contours.
15.
Transitional provisions
(1) Provisions
relating to the noise-contour modelling procedure set out in
section 10 must be complied with, within
two years of the date of this Act coming into force.
(2)
Until the process set out in subsection (1)
is completed, all provisions in existing District and
Regional plans apply as though this Act had not been
enacted.
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