Land transport
Abstract
Providing and managing land transport infrastructure is a key issue facing regional and district councils as well as other providers of land transport. There is a need for strong relationships between policies and strategies at both a strategic and RMA plan level.
To this end this guidance note aims to:
- clarify the role that regional policy statements and plans assume in achieving integrated land transport planning
- identify relevant legislation, strategies, policies and agencies
- outline how land transport can be more effectively incorporated into district plans.
Guidance note
- Introduction
- Integrated land transport planning – the role of regional policy statements and plans
- Related legislation, strategies, policies and agencies
- Land Transport – developing effective district plan provisions
- District plan framework for managing issues
- Transport corridors
- Expected environmental results (EER) and monitoring
- Dealing with cross-boundary issues
Introduction
'Land transport' covers all land-based transportation systems that provide for the movement of people, goods and services, and includes the following:
- road networks from the state highways to local roads
- rail networks
- provisions for pedestrians and cyclists
- public transport.
The land transport system plays a vital role in linking communities within a district and linking those communities with other districts and regions. As a physical resource of strategic importance (see Campbell v Southland DC W114/94 in relation to state highways), this system needs to be safeguarded from any adverse effects (that may arise from land uses) that could affect the provision of an integrated, safe, responsive and sustainable land transport. Similarly, adverse environmental effects on land use activities resulting from land transport systems also need to be managed.
These factors and other concerns have influenced a significant change in land transport legislation and policy since the introduction of the New Zealand Transport Strategy (NZTS) in 2002. Specific concerns include:
- increased reliance on single-occupant motor vehicle trips, and increased vehicle kilometres
- growing congestion on the road network, and increased journey times
- reduced ability for travel needs to be met by public transport and walking and cycling
- reduced accessibility for older people and others in society who do not have a car or are unable to use one
- ribbon and other dispersed development along arterial routes, with vehicles moving into and out of these developments, impeding the free flow of traffic, increasing the probability of crashes, and creating pressures for bypasses
- incompatible land use and transport development (eg, residents in new housing estates built alongside arterial routes opposing further development of the routes because of concerns about traffic noise and other environmental impacts).
(Source: Land Transport New Zealand (2006): Participation in land use and transport planning process (PDF 347KB))
Integrated Land Transport Planning – the role of Regional Policy Statements and Plans
Regional Policy Statements
Land transport is a complex issue that is managed by several different agencies operating under various statutes. Under the RMA, Regional Policy Statements (RPSs) play a key strategic role in land transport planning. As regional and district plans are now required to ‘give effect’ to RPSs (refer ss67(3) and 75(3) RMA), their specific high-level objectives and policies will have a much stronger influence on the policy framework within these plans.
An RPS can also influence the direction of Regional Land Transport Strategies (RLTSs) and related initiatives such as Regional Growth Strategies, particularly as an RLTS needs to be consistent with a RPS (refer s175(3) Land Transport Act). Equally, the content and direction of an RPS can be usefully informed by these strategies (refer to Environment Bay of Plenty Proposed Change 2 to note the relationship between the RPS and SmartGrowth, the urban growth strategy for the Bay of Plenty region).
The role of RPSs in land transport is a rapidly evolving area and a number of regional councils are investigating the application of a more directive policy approach in these statements. This, in turn, will have a bearing on how land transport planning is integrated into regional and district plans.
Regional Plans
The primary purpose of regional plans is to enhance environmental quality and to avoid, remedy or mitigate any adverse effects in regard to regional regulatory functions under the RMA. Some plans may have no relevance to transport whereas others will carry significant weight when resource consents are sought for specific projects (eg, such as those dealing with erosion and sediment control).
District Plans
District plans establish a policy and regulatory framework for land use, subdivision and associated environmental effects. Land use planning decisions can assist (or frustrate) the implementation of strategic transportation measures.
In broad terms, land transport provisions in district plans should:
- integrate land use and transport planning
- allow for the development and management of integrated, safe, responsive and sustainable transportation systems
- give effect to the land transport provisions included in the relevant RPS
- have regard to national and regional transport strategies
- seek to address the environmental effects of transportation on land use and the effects of land use on transportation.
The importance of applying a co-ordinated and integrated approach to the management of land transport by local authorities is recognised in the following changes to the RMA introduced by the 2005 amendment:
- a definition of infrastructure that includes ‘structures for transport on land by cycleways, rail, roads, walkways, or any other means’ (s2(g))
- a new function for regional councils: the strategic integration of infrastructure with land use through objectives, policies and methods (s30(1)(gb))
- a requirement that the triennial agreement entered into by local authorities under s15(1) of the Local Government Act has to include an agreement on the consultation process to be used to prepare, vary, change or review a policy statement (cl3A of Schedule 1).
These amendments are designed to clarify the role of regional councils in overseeing the integrated management of infrastructure and land use to achieve good resource management outcomes. There is now statutory recognition of the close relationship between infrastructure (in its broadest sense) and land use. This creates a flow-on effect in terms of integrated planning for services and managing demand for new infrastructure particularly as a number of existing RPSs focus on the environmental effects of transport.
Related legislation, strategies, policies and agencies
Legislation
The land transport framework in New Zealand is governed by a relatively complex set of legislative provisions. The following have some influence over planning or resource management outcomes:
Resource Management Act 1991 (RMA)
There are several sections under the RMA that are directly or indirectly applicable to land transport. Regional councils, for instance, have a specific responsibility to strategically integrate infrastructure with land use through objectives, policies and methods (s30(1)(gb)). Equally, as regional and district plans have to give effect to RPSs (ss67(3)(c) and 75(3)(c)) there is now greater potential for RPSs to assume a more pronounced role in promoting transport integration.
Land Transport Management Act 2003 (LTMA)
The LTMA came into force in November 2003 to give effect to the principles of the NZTS and to provide the necessary legislative framework. The overall purpose of the LTMA (s3) is to “contribute to the aim of achieving an integrated, safe, responsive, and sustainable land transport system”. The Land Transport Amendment Bill (PDF 3.8MB) is designed to maximise the performance of the government land transport sector and its impact on the NZ economy and environment.
Land Transport Act 1998 (LTA)
The LTA provides for the regulation of transport in New Zealand. Part 13 of the LTA (as amended by the LTMA), is of relevance to RMA policies and plans as it provides the basis for land transport strategies. Specifically, it allows the Minister of Transport to prepare a national land transport strategy and for each regional council to prepare a Regional Land Transport Strategy. Section 175(3) also specifies that “a regional land transport strategy may not be inconsistent with any regional policy statement or plan that is for the time being in force under the Resource Management Act 1991”.
Transit New Zealand Act 1989
This Act constitutes Transit NZ and defines its functions and powers in relation to motorways and state highways. Particularly relevant is Transit NZ’s ability (as well as councils’ under the provisions of the Local Government Act 1974 that were not repealed) to declare and manage access to limited access roads. The LTMA expanded Transit NZ’s functions and powers in 2003.
Local Government Act 2002 (LGA)
The Local Government Act defines the purpose, roles and responsibilities of local government. It provides a framework and powers for local authorities to determine the activities they undertake and the manner in which they undertake them.
In relation to land transport relevant components include:
- the requirement that councils prepare a Long-Term Council Community Plan (LTCCP), including provisions for transport infrastructure and funding
- the ability to prepare urban growth strategies
- the ability to make bylaws
- the ability to require developer contributions as opposed to financial contributions under the RMA
- a process to stop legal roads under the 10th schedule of the LGA 1974.
Territorial authorities are also required to facilitate a process to identify the outcomes sought by the community on such matters as transport and land use, and to consult with the community about proposed programmes and projects.
Local Government (Auckland) Amendment Act 2004
This Act made changes to transport governance, regulatory and funding proposals for the Auckland region. It established two new entities as subsidiaries of the Auckland Regional Council (ARC) – the Auckland Regional Transport Authority and Auckland Regional Holdings. The Auckland Regional Transport Authority plans, funds and develops the Auckland regional land transport system, in coordination with Land Transport NZ, Transit NZ and ONTRACK. Auckland Regional Holdings manages assets and interests on behalf of the ARC.
Additionally the Amendment Act required the ARC and the seven constituent territorial authorities to prepare and publicly notify proposed land use changes to their planning documents that integrate land transport and land use provisions consistent with the Auckland Regional Growth Strategy.
The intention of the changes that have been introduced to the Regional Policy Statement and district plans is to better equip the Auckland region to manage growth in a more effective and integrated manner, and to get infrastructure, transport and development projects moving. This process is designed to assist the Auckland region to cater for its growing population, guiding more intensive development to the most appropriate areas where services and amenities can be provided at the right level, and by providing efficient transport systems. For further information see Proposed Change 6 to the Auckland RPS.
Other related legislation
Historic Places Act 1993 – Obtaining an authority from the New Zealand Historic Places Trust to destroy or modify archaeological sites is often necessary prior to the construction of new transport infrastructure. The most relevant case is Te Aro Heritage Trust v New Zealand Historic Places Trust (Pouhere Taonga) W052/03, 8 NZED 763, which relates to the Wellington Inner City Bypass.
Reserves Act 1977 – Consents under the Reserve Act may also be necessary where land that is gazetted for a reserve is required for transport infrastructure purposes.
Strategies and policies
If land transport is to be addressed in an integrated way it is important to consider, in conjunction with other legislation, any relevant strategies or policies that have been developed by national agencies.
New Zealand Transport Strategy (NZTS)
The New Zealand Transport Strategy (NZTS) provides a national policy framework to promote sustainable transport. The vision is that by 2010, New Zealand will have a transport system that is affordable, integrated, safe, responsive, and sustainable.
This will be achieved through adopting an approach that is:
- forward-looking
- collaborative
- accountable
- evidence based.
The vision comprises five transport objectives:
- assisting economic development
- assisting safety and personal security
- improving access and mobility
- protecting and promoting public health
- ensuring environmental sustainability.
These five objectives are equally important in preparing an RLTS and have subsequently been codified in the LTMA (and further reinforced by proposed changes contained in the Land Transport Amendment Bill (PDF 3.8MB)). The NZTS outlines what has already been done to assist in achieving the above objectives as well as identifying further initiatives. A number of more specific NZTS-related reports have been prepared by the Ministry of Transport, including one that outlines strategic directions for the transport sector. The NZTS is currently under review and will result in the future release of an updated NZTS by the government.
Regional Land Transport Strategies (RLTS)
Regional councils are responsible for preparing Regional Land Transport Strategies. RLTSs play a significant role in transport funding and planning and provide a mechanism for identifying problems, issues and opportunities. In exercising their functions, land transport organisations need to ensure that they take the provisions of an RLTS into account.
At a strategic level, RLTSs:
- direct the development and management of the land transport system
- influence decision making regarding transport infrastructure, future methods of supply and demand for transport, and
- focus on the needs of an individual region.
They also provide a direct link to Part II of the RMA in that they must not be inconsistent with any RPS or plan that is in force. In addition they are required to ensure, to the extent that it is reasonable under the circumstances, that adverse effects on the environment are managed through district plans.
Due to different geographical, population, and existing transport supply circumstances, there are significant variations in the range of issues addressed by each RLTS. Every RLTS feeds into both the National Land Transport Programme and local transport programmes. In particular, it also guides road-controlling authority (ie, territorial authorities, Transit NZ, Department of Conservation and other transport providers) decisions about prioritising and funding the regional strategic transport network.
With the exception of Auckland, every RLTS is able to identify transport projects and their role in the strategy. The distinction between Auckland and the other regions is that the role of identifying and prioritising transport-related projects in the Auckland region rests with ARTA and Transit NZ.
Regional Growth Strategies (RGS)
Growth strategies are non-statutory documents that are generally developed at the regional level. They can strongly influence land use, development and transport planning but only have statutory effect if their strategic direction is incorporated into a RPS and any associated plans. The LGA 2002 also provides opportunities for integrated transport and land use planning through the development of Long-Term Council Community Plans.
A number of regions have prepared, or are preparing, growth strategies that set in place a strategic vision for the region, and their value as a tool to inform transport and land use planning should not be underestimated. Growth strategies are tailored to the particular circumstances of a region and consider such factors as population and employment growth, existing and projected land use activities and the adequacy of existing infrastructure. In the Auckland region, for instance, there is strong support for regional growth strategies to be implemented through the RPS and district plans.
Other related strategies
- In 2005 the Ministry of Transport launched Getting there – on foot, by cycle. Its purpose is to provide a policy framework to make walking and cycling more accessible, safe and popular.
- The National Rail Strategy sets out the Government’s rail policy objectives and priorities for action to 2015. It outlines key initiatives intended to achieve the outcomes sought, including increasing the amount of freight and commuters using rail.
Land Transport Agencies
Several agencies have a role in land transport, particularly in relation to resource management matters. These include:
- Ministry of Transport
- Land Transport New Zealand
- Transit New Zealand
- ONTRACK
- Regional Councils
- City/District Councils
- Auckland Regional Transport Authority
- Other agencies with an interest in transport
Land transport – developing effective district plan provisions
Developing land transport provisions for district plans involves the following stages:
- gathering information
- identifying and assessing transportation issues in the district including the influence of land use and growth expectations
- developing objectives, policies, and rules to address these issues and any additional optional methods;
- drafting plan provisions that will achieve these objectives and policies.
- Consideration should also be given to the nature and extent of consultation required.
Gather the information
Gathering relevant information involves obtaining a clear understanding of the overall land transport environment in a district or region, including roads, railways, public transport networks, pedestrian areas, and cycle routes. Identifying key land uses, future trends and growth areas is also important.
The transport network is interconnected, and a change in one part of the system may often have unforeseen operational and land use consequences (eg, extra train services at peak times may cause traffic delays at road crossings down the track, provision of bus lanes on existing arterials may displace existing retail parking). Equally, land use decisions may also have an unintended effect on the operation of the transport network and system.
Consultation is critical to understanding what the community likes and dislikes about a district’s land transport system. Consultation needs to be wide, inclusive of transport providers and key agencies, and provide relevant information. The outcomes of consultation and submissions on earlier district plans or other council plans (eg, LTCCP, Annual Plan), the RLTS or Transit NZ’s Land Transport Programme provide insight into community views and can help inform an integrated approach. Refer to the Consultation guidance note for further information.
Identify and assess the issues
Although there is no longer a statutory requirement that district and regional plans contain issues, consideration should be given to their inclusion as they help to clarify what the associated objectives and policies are trying to achieve.
Transportation issues fall into two broad categories:
- the effects of transportation on the environment
- the effects of the development and use of land on transportation.
In assessing issues, the following actions are important:
- Focus on potential effects including cumulative effects, not just existing effects. Always ask what the future effect will be of a transportation or land use proposal issue or district plan rule.
- Consider strategic issues (eg, congestion, social effects, land transport noise, air quality). Be aware of broader environmental matters such as climate change and the relationship of these to transportation.
- Consider the role of the district plan in supporting a broader transport strategy (eg, a Regional Land Transport Strategy, any district transport strategy, the content of any regional or district growth strategy).
- Be aware of changing public attitudes, expectations and perceptions concerning acceptable effects and levels of service in relation to land transport. This is particularly important in relation to effective utilisation of alternatives to private motor vehicles.
Responding to issues
Councils need to decide how to best address identified issues through their district plan. Matters that should be considered include:
- the development of transportation objectives and policies in parallel with other related matters in the plan (eg, recognition of the relationship that exists between residential and/or business development policies and policies on transportation, given the potential for adverse effects resulting from traffic noise)
- the relationship between different transport-related policy areas (eg, utilities, residential amenity and density, transport mode), and other over-arching policy documents such as the RPS, RGS and the RLTS should be clearly evident in the plan.
Refer to guidance notes on Developing the Policy Framework and Writing provisions for regional and district plans.
District plan framework for managing issues
Under s75 of the RMA, councils are only required to include objectives, policies and rules (if any) in their plans. To achieve its objectives and policies, a council can rely on a mix of regulatory and non-regulatory methods.
District plan provisions
District plans can promote greater integration between land use and transport, by incorporating provisions that provide for both strategic and detailed site-specific assessment. This includes:
- objectives and policies relating to the effects of transportation on the environment and the effects of land use on the transportation system
- establishing a regional/district roading network or hierarchy that links to supporting rules or other methods
- policies and rules that link to particular transport modes
- using designations or specific zonings to cover existing and new transport routes (eg, for upgrades to the state highway system / rail network)
- development, subdivision and zoning-related controls
- structure plans to ensure that roading networks and land use are integrated.
A district plan can also include methods (including rules) to manage the specific environmental effects of activities such as:
- the location and design of vehicle accessways
- facilities for pedestrians and cyclists
- facilities for public transport requirements
- parking
- roadside sales
- signs
- noise and vibration controls
- sightline requirements at railway crossings, intersections and vehicle accessways
- earthworks/stormwater
- street trees and landscaping
- associated activities on roads (eg, public utilities, bus stops)
- noise-sensitive land uses located close to arterial road or rail corridors.
District plans are not the only means available to local authorities to provide for transport. Territorial authorities are also able, under the LGA 2002, to:
- identify and fund relevant programmes through the LTCCP process
- undertake necessary roadworks
- require development contributions
- close or stop roads temporarily or permanently
- construct and remove crossings between land and an adjoining road
- make bylaws concerning roads and cycle tracks and their use
- make bylaws concerning road and traffic signs.
Road hierarchies
Road hierarchies classify types of roads in the region/district, and their priority in terms of function. The highest class relates to arterial roads such as motorways and state highways, while the lowest includes local roads and cul-de-sacs. Each classification assigns preferential use to either through traffic or local access.
There is an argument for moving away from a hierarchical road system to one that is:
- interconnected
- provides amenity, and
- applies a multi-modal approach that limits the capacity for single occupant vehicle traffic.
Nevertheless, the current convention is to rely on road hierarchies for planning purposes.
They are means of managing the district transport infrastructure (and more particularly to control access to the highest levels of the road hierarchy), they can also be used as an environmental management tool to assist in controlling effects (eg, noise and amenity protection).
A graduated hierarchy can usefully help establish policies and rules relating to:
- access location, standard of formation and appropriateness
- preferred land use, density of development and subdivision rights
- traffic volumes and speeds
- road construction and geometry standard
- traffic generation rates
- access and parking effects of adjacent land use activities
- design and amenity standards
- provision for pedestrians, cyclists and public transport within the hierarchy.
Transport corridors
A designation is a planning mechanism that enables existing or future infrastructure to be efficiently managed and allows land requirements associated with future infrastructure to be signalled in plans. A designation can provide a useful means to deal with lineal transport networks such as roads or railways.
Where a designation is provided in a plan, any provisions that might normally apply – including zoning and land use controls – do not extend to include works or projects undertaken by the requiring authority. This can include routine maintenance and minor upgrading.
In general, designations are an effective tool for major new transport developments such as arterial roadways. However, zoning provisions can also be used in conjunction with or instead of designations to provide for transport corridors and networks. In such cases, the district plan generally permits activities like the construction, operation, and maintenance of roads, although certain thresholds and performance standards may apply. Other non-roading activities may still require resource consent, such as the location of bus shelters and removal of trees.
- The Christchurch City Plan includes a ‘Special Purpose (Road) Zone’ for all roads that the council is responsible for. The zone includes road and cycle networks, roads to be stopped, and limited access roads. Associated standards relate to construction widths, riverside roads, use of medians, and the removal of street trees. Although the plan recognises and provides for designations where appropriate, the Special Purpose (Road) Zone is also applied as an underlying zoning for all state highways.
Councils, Ministers of the Crown (eg, government departments), and approved network utility operators (eg, Transit NZ) can designate their transportation networks in district plans. Transit NZ uses designations to manage the state highway network. The national rail network is also designated.
Future lineal transport infrastructure routes such as road, rail, pedestrian, cycle and rapid transit corridors may also be identified in district plans (particularly for future growth). Commonly these would be provided for by either designation or by indicative routes where insufficient detail is available on the exact location or configuration of the route. There are, however, location and timing issues associated within this latter approach; potential noise, visual and air quality effects would also need to be recognised.
As a way of reconciling strategic land use and private development goals, local authorities sometimes use indicative roads as a means to negotiate the location of transport routes at the time that a subdivision is proposed. Structure plans are another way of achieving such outcomes, but have the long-term roading pattern often embedded into a district plan to direct future development.
- A good example of an indicative future corridor is the ‘rapid transit link overlying zone’ included in the Manukau District Plan (Section 8.14.2, pg 38) (PDF 2.8MB). The purpose of the zone is to facilitate implementation of a new link between the City Centre and the regional rail system. It was introduced by the council to illustrate its intentions, even though the location of the route is not specifically defined.
Managing development
A fundamental concept that underpins both the New Zealand Transport Strategy and the Land Transport Management Act, is the improved integration of land use and transport planning. Unplanned or uncoordinated land use decisions can affect the safety or level of service of the transport system. Consequently, the impacts of land use on transport interests should be considered prior to land being identified for growth, subdivided or developed.
When preparing a plan, consideration should be given to including objectives, policies and possibly rules that cover such matters as:
- restricting the maximum or minimum number of lots that can be created in specific areas (Note: medium-high density development is more efficient than low density in terms of land use and public transport provision) ; access restrictions and the maintenance of a lower density of development are sometimes required to maintain the efficiency of important routes in specific areas
- encouraging development within close proximity to transport corridors and nodes
- reverse sensitivity
- promoting higher public transport use near transport nodes (eg, allow medium-high density within 400–800 m of a railway station or along a bus corridor; reduce carparking requirements near public transport nodes). The same should also be applied near shopping areas to encourage people to walk, cycle and to use public transport
- minimum access requirements for properties (Note: there are some innovative subdivisions that want to restrict vehicle access; rules should not be so restrictive as to prevent this from occurring)
- Minimum roading and access standards
- The status of the access connection in respect of the road hierarchy
- The impact that development may have on the existing transport infrastructure and how these will be managed
- Including a statement that Transit NZ be considered an affected party in relation to state highways (refer Progressive Enterprises Ltd and Northcote Mainstreet Inc v North Shore CC and the National Trading Co of NZ Ltd CIV 2004-404-7139), and that Transit NZ approval is required before any consent can be granted along any limited access road that it administers
- Creating transport hubs at strategic locations in the rail and passenger transport network to act as major receivers and distributors and to provide important linkages. This can assist in promoting high-quality and intensive urban environments that support public transport modes. There is also potential for a scaled-down hub to serve rural communities.
District plan provisions and growth strategies prepared by Auckland City (Section 7.6.8 pg A20) (PDF 556 KB) and Waitakere City Rule 2.2 pg.5 (PDF 780KB) are based around nodes. Although the Waitakere District Plan includes two growth corridors, both this and the Auckland Isthmus Plan have yet to give effect to most of the nodes identified in Regional Growth Strategies and to local growth strategies that encourage high-density residential development. This approach is consistent with the wider regional growth strategy of urban intensification. In addition, several other collaborative corridor studies centred on the integration of land use transport have been carried out or are currently being prepared (eg, the Wellington Western Corridor, the North Nelson to Brightwater Corridor Study and the Ngauranga to Airport Strategic study – refer to the Transit NZ and Greater Wellington Regional Council websites for further information).
Methods for specific effects (standards and controls)
Generally all existing district plans contain transport-related standards or controls (eg, access, parking). When carrying out a review, careful consideration should be given to these provisions as some may no longer be effective or desirable. Council officers (eg, roading engineers, consent planners) who regularly work with these standards should be consulted about their effectiveness. It may also be helpful to survey the views of the plan from external users (eg, roading consultants, Transit NZ, consultant planners).
Long-Term Council Community Plans can also play an influential role in transport-related decisions as they outline the levels of service to be provided by a territorial authority (eg, travel speeds and times on roads).
Vehicle accessways
Use vehicle accessway specifications to state the number, location, and design of vehicle accessways along a road. In addition the Transit NZ Planning Policy Manual contains standards related to state highway access points.
Parking standards and controls
Parking controls can be used to:
- establish the maximum and minimum number or parking spaces required
- manage the design, and capacity of carparks
- set standards for things like access, aisle width, manoeuvring room, carparks for disabled persons, stacked parking, traffic screens, loading areas and landscaping
- manage transport demand. For instance, many councils want to reduce the number of vehicles entering their city centres. This outcome is often associated with policies to minimise the amount of space given over to parking and to improve efficiency (by reducing congestion). It may also coincide with policies to promote intensification of residential development and to encourage public transport use.
Parking controls can be difficult to determine and administer as parking needs vary greatly for different activities. As provisions may need to be adjusted in response to land use changes it is important to ensure that any changes are closely monitored (eg, rules may need to address supplementary provision where ‘vehicle generating’ activities are proposed).
For instance, it may be more efficient for a council to provide bulk parking in one location instead of multiple small parking lots through a centre, or consideration could be given to allowing 'shared' parking between activities where possible (eg, multi-unit shopping centres). Such policies should be developed through an integrated planning exercise. Other policy issues that also need to be taken into account include management of potential adverse effects (eg, amenity and urban design if ‘bulk-parking’ is encouraged).
- Consider whether parking surveys (eg, 5-yearly) may be necessary to assist with setting appropriate controls and what indicators might provide useful survey data (eg, continuous off-street parking associated with an activity; accident rates; under-utilised parking areas).
- Consider using the district plan or conditions on a resource consent to provide for safe and convenient cycle parking facilities and better integration with public transport.
Road and traffic signs
Road and traffic signs are critical to road safety and should be considered as a permitted activity in district plans. Alternatively, councils can consider the use of bylaws to provide for road and traffic signage.
Transit NZ is responsible for traffic control signs within state highway road reserves. Although currently under review, the industry-recognised Manual of Traffic Signs and Markings (MOTSAM) is a useful source for definitions of road and traffic signs.
Noise and vibration controls
District plans commonly establish noise standards for land use activities. With existing transportation networks, it is also relevant to consider how ‘reverse sensitivity’ might be addressed (eg, where a noise-sensitive activity such as housing establishes near an existing noisy environment like a motorway). Refer to the Land Transport Noise guidance note for more detailed information on options to manage land transport noise.
Air quality
Air quality is a particular issue for communities affected by networks experiencing congestion and in areas where existing air quality is poor. Generally free-flowing traffic produces fewer emissions than a congested state. Although transport emissions are usually assessed on a national basis, location-specific effects have been considered in certain circumstances (eg, refer Nelson Intermediate School v Transit New Zealand C35/2004).
The guidance note on Air Quality provides useful advice on managing air quality issues. A National Environmental Standard for Air Quality (PDF 70 KB) has also been developed to help protect the public from specific contaminants in the air.
Sightline requirements for railway level crossings
- Consideration should be given to applying controls such as separation and sight distances near railway level crossings to ensure road users have a safe line of sight.
- The document “Road signs and markings for railway level crossings" (PDF 368KB) produced by LTNZ provides useful guidance for those involved in drafting sightline standards for district plans.
Earthworks and stormwater controls
Although earthworks and stormwater discharges are generally managed at a regional level, they are also addressed in some district plans. As these activities have the potential to adversely affect the development of the transportation system, unnecessary duplication of controls in regional and district plans should be avoided. Refer to the Managing Earthworks under the RMA guidance note for further information.
Financial contributions
Where specified in a plan financial contributions can be imposed to avoid, remedy or mitigate adverse effects on, or the effects of, land transport modes. Contributions can be in the form of cash, land or a combination of cash and land. They can be used to recover the costs of providing upgraded or additional public transport infrastructure associated with new development.
Transit NZ may also seek to enter into cost sharing arrangements for state highway improvements directly related to development (refer Transit NZ Interim Cost Sharing Policy). These may include contributions of land, works or money from developers, councils and other relevant parties (if appropriate) to mitigate the adverse effects of new development on the state highway network.
Other activities on roads
Other activities on roads include car races, cycle races or parades. Although these activities are generally temporary in nature, they can occur on a reasonably regular basis and can affect both the transportation system and activities on nearby sites. They are often regulated through by-laws or are treated as temporary activities (with allied controls) in plans, see District Plan provisions. Transit NZ approval also needs to be sought if access to a state highway is required.
Provision for associated roading-related structures such as bus shelters and utility infrastructure should also be considered.
Other methods (associated with the district plan)
Consideration should be given to the use of other regulatory or non-regulatory methods to implement district plan policies, provided they align with and support provisions in the plan.
Other methods include:
- design guides
- strategic documents that provide for cycleways and pedestrian routes (eg, cycle strategies, reserve management plans)
- structure plans
- transportation standards
- advocacy and education programmes promoted by councils.
Other methods (non-RMA)
- Other methods to achieve councils’ objectives outside the district plan include:
- Long-Term Council Community Plans (LTCCP) – these are important planning documents that help inform council activities and decision-making. For example, an LTCCP can set out planned works and services that a council wants to undertake to provide bus transfer stations, bus lanes and cycle lanes, and how it proposes to acquire, develop and manage car-parking areas. Refer to the Relationship between the RMA and the LGA FAQ and Promoting Environmental Well-being under the LGA 2002 for further information
- bylaws – these can be developed under the LGA 2002 to address matters like the transportation of hazardous substances, parking, advertising and traffic signs and roadside selling
- NZ Standards – for example, ‘NZS 6803:1999 New Zealand Standard Acoustics – Construction Noise’ is a useful standard to apply during road construction and maintenance (Note: rules that refer to NZ Standards should include a specific reference to the standard and the date).
Expected environmental results (EER) and monitoring
District plans can include the environmental results expected from the policies and methods but this is not a mandatory requirement. Where included, plans should identify specific measurable outcomes that are being worked towards as monitoring the success or otherwise of plan provisions is a requirement under s35. They can also provide a useful basis to determine whether existing provisions need to be adjusted.
For more information on monitoring, refer to the Monitoring and Reporting One-Stop-Shop.
Dealing with cross-boundary issues
Transportation systems often have associated issues and effects that extend beyond any one district or region. Regional councils and territorial authorities affected by cross-boundary issues need to develop a clear process for dealing with them. The RLTS provides a good way to achieve this and can be cross-referenced in a district plan (eg, Auckland).
Best practice examples
The following examples illustrate best practice in particular aspects of plan preparation, as described in the guidance note.
Christchurch City Council: Network strategies for pedestrian and cycle routes [Reveal/Hide]
The Christchurch City District Plan contains assessment matters relating to pedestrian and cycle routes in the subdivision rules. Under these rules any proposed roading system based on cul-de-sacs is not permitted unless specific provision is made for cycle and pedestrian connections that are wide enough to form part of the open space network. Additionally, the road layout is not permitted to inhibit the safe future use of the roading network for passenger transport.
Hamilton City Council: Interconnected pedestrian and cycle network [Reveal/Hide]
The Hamilton City Council has created an interconnected network of pedestrian walkways and cycle routes. The network has largely been created through acquisition and consent conditions, with development funded through the Annual Plan and LTCCP processes.
Hamilton City Council: Use of structure plans [Reveal/Hide]
The objectives and policies in the Proposed Hamilton District Plan(PDF 129KB) emphasise the need for integration of land use and transportation planning. An example of this is use of the Rototuna structure plan as a guideline to negotiate road status (eg, arterial, collector) and public transport requirements (eg, provision for bus stops) at the point of subdivision. Structure plans can also help identify the type and extent of financial contributions (eg, cost per hectare).
Wellington City Council: Classifications for the road hierarchy [Reveal/Hide]
The Wellington City District Plan uses several concise and easily understood classifications for its road hierarchy. The road hierarchy is displayed on the planning maps (PDF 99KB), including additional information such as frontages where vehicle access is restricted, and is linked to relevant rules (eg, for new access locations and standards).
The classifications defined in Section 3.10 pg. 3/74 of the plan (PDF 628KB) are:
- motorway: high-standard limited-access roads designed to carry long-distance through-traffic at speed (primary road)
- arterial road: high-standard limited-access roads designed to carry long-distance through-traffic (primary road)
- principal road: provides access to motorways and to arterial roads, having a dominant through-traffic function and carrying the major public transport routes (primary road)
- collector road: distributes traffic between and within local areas and forms the link between primary and secondary roads (secondary road)
- sub-collector road: distributes traffic within the local area and forms the link between collector and local roads (secondary road)
- local road: provides access to properties fronting the road, and includes both long and short cul-de-sacs (secondary road).
Auckland City Council/Wellington City Council: Verandah Controls [Reveal/Hide]
Section 6.9 of the Auckland City District Plan (Central Area) (PDF 856KB) provides for verandah coverage on street frontages in the Central Business District. The Wellington City District Plan (PDF 2.2MB) (rule 13.1.2.8 pg. 13/14 and Appendix 8 pg. 43) includes similar provisions. Verandahs add greatly to pedestrian comfort, providing shade in summer and protection from wind and rain; they support a vibrant and safe pedestrian environment.
RMA provisions
- Part II - Purpose and principles, particularly
- Section 5: Purpose
- Section 7 Other matters, including:
b) Efficient use and development of natural and physical resources
ba) Efficiency of the end use of energy
c) Maintenance and enhancement of amenity values
f) Maintenance and enhancement of the quality of the environment
g) Any finite characteristics of natural and physical resources
- Section 16: Duty to avoid unreasonable noise
- Section 30: Functions of Regional Councils, specifically section (gb) the strategic integration of infrastructure with land use through objectives, policies and methods
- Section 31: Functions of territorial authorities
- Section 74: Matters to be considered by territorial authority
- Section 75: Contents of district plans
- Part VIII: Designations
- Section 166: Definition of network utility operator
- Section 238: Vesting of roads
- Section 330: Emergency provisions
- Schedule 1: Preparation of policy statements and plans
- Schedule 4: Matters to be included in Resource Consents
Other relevant legislation
- Land Transport Management Act 2003
- Local Government Act 2002
- Transit New Zealand Act 1989
- Land Transport Act 1989
- Historic Places Act 1993
- Reserves Act 1977
- Local Government (Auckland) Amendment Act 2004
Case law
There are some specific cases predating the 2005 amendment to the RMA, that offer useful guidance on whether district plan provisions are inconsistent with an RPS and whether they ‘have regard to’ an RLTS. These include:
- Canterbury RC v Waimakariri DC, C5/2002 1 NZRMA 108
- St Lukes Group Ltd v Auckland CC, A132/2001
- NelsonIntermediate School and Others v Transit New Zealand (C35/2004) 9 NZED 470
Transport related provisions in proposed district plans have been considered by the Environment Court in a number of cases. Some of these usefully illustrate the value of certainty in rules and provide some specific guidance on including transport provisions in plans. Cases include:
- Accommodation and Booking Agents (Queenstown) Ltd V Queenstown Lakes District Council, C10/2001
- Borrell v Queenstown Lakes DC, C58/2001
- Re Christchurch CC, C133/2002
- Campbell v Southland DC W114/94 (the transport network as a matter of strategic importance). Auckland Volcanic Cones Soc Inc v Transit NZ A203/02 also applies.
There are also a number of cases that consider the effects of proposals on state highways. Recent decisions include:
- Transit New Zealand v Southland District Council C42/2006 relating to intersection improvements remote from the site. The Court found in this particular circumstance that it was inappropriate for Transit NZ to seek developer contributions. This was in part because the district plan did not include provisions allowing financial contributions to be taken for this purpose.
- Transit New Zealand v Papakura District Council A061/06 relating to a change to the Papakura District Plan. The plan change allowed for the Hingaia Structure Plan area. The Court confirmed that it was reasonable for Transit NZ to seek contributions from developers in order to mitigate effects. It also strongly encouraged the parties to reach a financial agreement regarding the costs of the upgrade of the state highway interchange outside the RMA process.
Other significant transportation cases concerning RMA effects include:
- Auckland Volcanic Cones Soc Inc v Transit NZ A203/02, [2003] 2 NZRMA 54, 8 NZED 6 in relation to the effects of the SH20 Motorway extension on the amenity, landscape and integrity of the Mount Roskill volcanic cone.
- Estate of PA Moran v Transit W55/99, which confirmed the designation for the Wellington Inner City Bypass and the national importance of land transport infrastructure. This was followed by Te Aro Heritage Trust v New Zealand Historic Places Trust (Pouhere Taonga) W052/03, 8 NZED 763 concerning an archaeological authority granted under the Historic Places Act 1993.
- Middleton v Transit New Zealand W21/99, which confirmed the designation for the Mana Esplanade reduced upgrade in Porirua and considered the effects on local residents and businesses, particularly in relation to noise.
- R & B Mulligan Ltd and Transit NZ v Whangarei DC, A96/2006 and J B Farms Ltd and Transit NZ v Dunedin CC, C140/2006 identified the importance of land use and transport integration in making land use decisions. It also placed considerable weight on the use of structure planning as a tool to resolve both district-wide and site-specific integration issues.
Related guidance notes
The following guidance notes are related:
Relevant publications
Participation in land use and transport planning process (PDF 347KB)
Land Transport New Zealand
Date 2006/01
This document outlines Land Transport NZ’s policy for participating in land use and transport-related planning processes.
Transit New Zealand
Date: 2007
The Planning Policy Manual (PPM) sets out Transit's policy and approach to integrated planning. It replaces the previous PPM and PPM Supplement with the exception of the noise guidelines which still remain in effect.
Transit New Zealand
Date: 2005
The plan implements Transit NZ's Environmental Policy by outlining a range of approaches and implementation plans for specific categories of environmental and social impact.
NZS 6803:1999: Acoustics – Construction noise
Standards New Zealand
Date: 2000/02
This standard covers the measurement and prediction of noise from construction, maintenance and demolition work, and the assessment necessary to determine whether action is required to control it.
Advertising signs and road safety: design and location guidelines (PDF 754KB)
Land Transport New Zealand
Date: 1993/11
This document offers practical guidance to achieve outdoor advertising that is safe and effective from a road safety perspective.
Road and traffic standards series
Land Transport New Zealand
Date: 2005/09
This document provides links to all Land Transport NZ road and traffic standards.
Historic heritage management guidelines for resource management practitioners
New Zealand Historic Places Trust
Date: 2004
This document provides practical assistance on the management of historic heritage under the RMA. It also provides information on the legal obligations associated with archaeological sites under the Historic Places Act.
Integrated transport assessment guidelines
Auckland Regional Transport Authority
Date: 2006
This document outlines a framework for gathering and assessing relevant transport information to better align land use and transport planning.
Land Transport New Zealand
Date: 2007
The guideline identifies typical road safety and efficiency parameters and identifies measures that can be adopted to address potential adverse impacts on them.
Sustainable management of historic heritage guidance series
New Zealand Historic Places Trust
Date: 2007
The guidance series has been prepared to assist local authorities and others to protect and conserve historic heritage under the RMA and related legislation.
Current challenges in practice
Coordinating territorial and regional authority functions
The respective roles and responsibilities of regional and territorial authorities concerning transportation issues and consent requirements need to be clearly identified. Regional and district plans often contain different standards that can make compliance difficult and frustrating (eg, variance in earthwork requirements).
Defining the relationship between RMA policy statements and plans, and Regional Land Transport Strategies
Regional Land Transport Strategies are not directly referred to in the RMA but can inform reviews of policy statements and plans. They are also a useful tool to help integrate land use and transport planning. Councils should give these strategies close consideration when preparing or changing their plans, particularly where they contain specific recommendations concerning amendments to plan provisions (eg, restraining parking supply). They may also be relevant when considering resource consent applications (refer s104 (1)(c)).
Coordinating local authority functions with other road-controlling authorities
The transport role of territorial authorities needs to be co-ordinated with those of other road controlling authorities and transport infrastructure providers. Determining compliance can be confusing where agency standards differ or conflict with plan provisions (eg, the effect of new subdivision and development on existing transport infrastructure when considered by two agencies with different standards).
Defining terms in plans
Terms used in policies and rules need to be clearly defined and consistently used. While terms such as 'road', 'indicative road', 'car park', and 'activities', might appear simple enough, they often have specific technical meanings that should be clearly expressed in plans.
Developing objectives and policies
Many transportation objectives in district plans are generic and non-specific – they could apply to any town or district of similar size throughout New Zealand. Useful objectives must be specific, and relate to an issue of importance within the district. They may also be district-wide in nature, or focus on specific transportation issues (eg, managing strategically important roads) or particular environmental contexts (eg, new housing on or near strategic roads).
Policies need to expand on the objective to identify how it will be achieved. They need to do more than simply restate the objective and should provide clear direction.
Developing effects-based standards
Plan users usually seek a high level of certainty concerning minimum roading and parking provisions. Developing an effects-based standard is often a more difficult and challenging process than using a performance based approach. It will be important to ensure that effects-based standards are backed by appropriately strong objectives and policies.
Integrating land use and transport planning
In general, there is a lack of clear integration between land use and transport planning. Structure planning is an example of a strategic integrated approach that is becoming more widely applied, particularly in relation to future infrastructure provision. Another commonly used approach is reliance on roading hierarchies that strategically classify roads based on factors such as land use. However, there is a risk that these classifications may be rolled over from previous plans; or they may need to be altered to provide for a more compact urban footprint. It is also difficult to assess the potential cumulative effect of ongoing development on the existing road network, particularly at key pressure points such as intersections with the state highway network (eg, rural lifestyle development in a rural area).
A lack of good integrative planning can result in inadequate transport provision or piecemeal development. Consequently, servicing requirements for vehicles, public transport, pedestrians, and cyclists need to be identified and assessed at an early stage in the planning process. ARTA’s Integrated Transport Assessment Guidelines are an example of a framework that can be applied at a local/regional level. At the national level, government transport sector agencies have initiated an Integrated Approach to Planning Project as part of the Transport Sector Strategic Directions (PDF 973 KB).
Equitable Financial Contributions Policy
Many activities have consequential effects on the surrounding transport network. The usual approach is that those who produce the effect mitigate it; it is the widespread view that a negotiated settlement is preferable. This is complicated where the situation concerns an asset outside of council control (ie, a state highway). It becomes even more complicated when a deficiency to be addressed in the future (ie, an intersection) is brought forward by a land use activity. It is important that councils and infrastructure providers agree on a process that addresses transport related issues fairly and equitably (refer Transit New Zealand v Papakura District Council A61/06 and Transit New Zealand v Southland District Council C42/2006).
Acknowledgements
This guidance note was originally prepared by Bryce Julyan, Jacqui Manning and John Duffy of Beca Planning in 2003. The note was updated in 2007 by Lindsay Daysh and Penny Thomson of GHD Ltd and was reviewed and further shaped by Greg Vossler of the Ministry for the Environment.
The Ministry for the Environment would also like to thank the following people involved in the peer review of this material:
- Maree McNeilly, Auckland Regional Transport Authority
- Kevin Wright, Waitakere City Council
- Russell Bates, Ministry of Transport
- Sandra Preston, Transit New Zealand
- Gina Sweetman, SPS Ltd
- Jan Crawford, Planning Consultants Ltd
- Robert Schofield, Boffa Miskell Ltd.
This guidance note was prepared in April 2008.
