Plan topics Noise management in mixed-use urban environments
13.1 Permitted Activities
13.1.1 Any activity, except for:
- those specified as Controlled Activities, Discretionary Activities (Restricted) or Discretionary Activities (Unrestricted)
- those activities listed in the Third Schedule to the Health Act 1956
- helicopter landing areas
- [commercial sex activities within the Courtenay Character Area] 1
is a Permitted Activity provided that it complies with the following conditions:
13.1.1.1 Noise
13.1.1.1.1
Noise emission levels when measured at or within the boundary any site or at the outside wall of any building on any site, other than the site from which the noise is emitted, shall not exceed the following:
At all times 60dBA (L10)
At all times 85dBA (Lmax)
13.1.1.1.2
Where it is impractical to measure outside the building, measurements shall be made inside (with windows closed). Where indoor measurements are made, the noise limits stated above shall be reduced by 15dB.
13.1.1.1.3
In relation to rule 13.1.1.1.2 where activities have been noise-proofed in the vicinity of the site, to protect noise sensitive uses (including residential use), then this shall not allow activities to increase noise emission levels above those that would apply if the noise-proofing had not been undertaken.
13.1.1.1.4
Any activity occurring within the Central Area when measured from any land or premises outside that area shall comply with the noise levels stated in Appendix 1.
13.1.1.1.5
For the Lambton Harbour Area, temporary activities such as sporting, recreational, entertainment, cultural or similar events and outdoor gatherings are not subject to the noise standards stated in Rule 13.1.1.1.1. For such events Council will use its power under the Act to ensure that the general duty under sections 16 and 17 to avoid unreasonable noise and avoid, remedy or mitigate any adverse effects of activities on the environment is met.
The noise rule seeks to protect amenities between activities and to protect the amenities of Residential and public space areas around the Central City area. Council aims to maintain or improve the Central Area noise environment by means of noise rules.
[These noise limits apply to all other sites in the Central Area including sites used for residential purposes for which no stricter emission controls shall be applied. Acoustic insulation is required for noise sensitive activities in buildings within Central Areas to mitigate the potential adverse effects on such uses in accordance with rule 13.1.2.12.].
For the Operational Port Area, the noise rules from the Transitional District Plan have been carried forward on an interim basis as part of Appendix 1. Council and CentrePort will jointly take steps to initiate a change to the Plan to implement the NZS 6809:1999 “ Acoustics- Port Noise Management and Land Use Planning” in conjunction with Wellington Regional Council after the Plan is operative.
13.1.1.10
Noise Insulation
13.1.1.10.1
Any habitable room in a building used by a noise sensitive activity shall meet the acoustic insulation requirement set out in Rule 13.1.2.12. New noise sensitive activities moving into existing buildings within the Central Area are required to meet the standards that would apply if the building was built for that purpose.
In the case of the Lambton Harbour Area the rule acknowledges that some temporary activities and events may exceed the noise limits specified in the rule. While accepting that such events may occur from time to time, Council will nevertheless exercise its general duty under sections 16 and 17 of the Act.
13.1.2.12
Noise Insulation
Any habitable room in a building used by a noise sensitive activity within the Central Area shall be protected from noise arising from outside the building by ensuring the external sound insulation level achieves the following minimum performance standard:
D nT,w + C tr > 30 dB
Compliance with this performance standard shall be achieved by ensuring habitable rooms are designed and constructed in a manner that:
accords with the schedule of typical building construction set out in Appendix 9;
or
accords with an acoustic design certificate signed by a suitably qualified acoustic engineer stating the design as proposed will achieve compliance with the above performance standard.
Ventilation
Where bedrooms with openable windows are proposed, a positive supplementary source of fresh air ducted from outside is required at the time of fit-out. For the purposes of this requirement, a bedroom is any room intended to be used for sleeping. The supplementary source of air is to achieve a minimum of 7.5 litres per second per person.
Acoustic insulation is required for noise sensitive activities in buildings within the Central Area to mitigate the potential adverse effects on such uses and to lessen the potential for constraint that such uses can place on typical business and commercial activities commonly associated with the central city. The ventilation requirement for bedrooms is required to ensure noise attenuation is not compromised if compliance with the requirements of the Building Code (G4) for natural ventilation is achieved by installing openable windows. The required airflow level is based on the minimum standard for habitable spaces set out in NZS 4303.]
13.3 Discretionary Activities (Restricted)
13.3.1 Activities that do not comply with one or more of the following conditions for Permitted Activities in rule 13.1.1:
13.3.1.1 Noise
13.3.1.2 Dust
13.3.1.3 Lighting
13.3.1.4 screening of activities and storage
13.3.1.5 vehicle parking, servicing and site access
13.3.1.6 Signs
13.3.1.7 use, storage, handling or disposal of hazardous substances
13.3.1.7a noise insulation
are Discretionary Activities (Restricted) in respect of the condition(s) not being met.
13.3.1.8 Noise
The extent to which noise emissions will be intrusive. Council will seek to ensure that the best practicable option is used to mitigate noise and that adverse effects are minor.
13.3.1.15 Noise insulation
13.3.1.15.1
Whether the likely exposure to noise will lead to an unreasonable level of health or amenity for occupiers of the building.
13.3.1.15.2
Whether the habitable rooms are located, orientated or designed in such a way which would make insulation to the required standards unnecessary.
13.3.1.15.3
Whether the development is likely to lead to potential conflict with typical business and commercial activities commonly associated with the central city.
13.3.1.15.4
Whether the building is a listed heritage building and the extent to which it is practicable to insulate to the required standard without compromising the heritage significance and fabric of the building.
Normally insulation to permitted activity standards will be required throughout the Central Area, however Council accepts that there may be some situations (e.g. in locations adjacent to some residentially zoned areas where the long term noise environment is likely to remain quiet or for the renovation of heritage buildings) where it can be demonstrated that full compliance with the insulation standard may not be necessary or practicable.
