Plan topics Noise management in mixed-use urban environments
Reverse sensitivity
Reverse sensitivity describes the effect that development of one kind may have on activities already occurring in an area. It usually results from the people involved in an activity that is newly established, complaining about the effects of existing activities in an area.
Some key Environment Court cases that relate to reverse sensitivity regarding noise
Winstone Aggregates Ltd -v- Papakura District Council (1998) A 96/98 The appeal concerned provisions in the proposed Papakura District Plan addressing effects arising from aggregate extraction. The issues were: the extent to which the environment should be protected from the adverse effects of quarrying; and, the extent to which aggregate and its extraction sites, as natural and physical resources, should be protected from the adverse effects of incompatible activities. These two conflicting management issues reflect on one hand the extent to which a quarry operator should be required to internalise the adverse effects and on the other, the extent to which adjacent landowners should have the use of their land constrained.
Ports of Auckland Ltd -v- Auckland City Council (1998) CP306/98 High Court decision on an application for judicial review of the Council's decision granting consents to developers. The case involves "reverse sensitivity" issues arising from proposed development of the former Auckland Railway Precinct (the Precinct) which is located immediately across Quay Street from the Port of Auckland. Where apartments were proposed close to the port of Auckland the Court held that the issues of "reverse sensitivity" were such that the Port Company should have been regarded as an "adjacent owner or occupier" likely to be directly affected by the application.
Auckland Regional Council -V- Auckland City Council (1997) A010/97 The appellant sought changes to the Auckland City district plan on the basis that zones for heavy industry are a scarce resource needed to provide an environment in which heavy industry can function effectively, and to ensure that public health and safety is not compromised by inappropriate location of sensitive uses. The Court held that provisions incorporating the method of "reverse sensitivity" whereby sensitive land uses require resource consent to establish in heavy industrial zones has been determined to be an appropriate control within a district plan according with integrated management.
Other cases:
Boon -v- Marlborough District Council (1998) W032/98
Wairoa Coolstores (1994) Ltd -v- Western Bay of Plenty District (1998) A016/98
Upper Clutha Environment Society Inc -v- Queenstown Lakes District Council (1998) C012/98
