PART 2 REGIONAL AND DISTRICT OBJECTIVES AND POLICIES. Chapter C: Auckland-wide objectives and policies»7 General»7.5 Temporary activities - PDF

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AUCKLAND COUNCIL'S ROOSED TRACK CHANGES TO THE AU TEMORARY ACTIVITIES OBJECTIVES, OLICIES, RULES AND DEFINITION (FOR THE UROSES OF MEDIATION AS AT 13 FEBRUARY 2015) ART 2 REGIOL AND DISTRICT OBJECTIVES

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AUCKLAND COUNCIL'S ROOSED TRACK CHANGES TO THE AU TEMORARY ACTIVITIES OBJECTIVES, OLICIES, RULES AND DEFINITION (FOR THE UROSES OF MEDIATION AS AT 13 FEBRUARY 2015) ART 2 REGIOL AND DISTRICT OBJECTIVES AND OLICIES Chapter C: Auckland-wide objectives and policies»7 General»7.5 Temporary activities Background Temporary activities make an important contribution to Auckland's vibrancy, vitality and liveability and cater for the social, cultural and economic well-being of the community. However, temporary activities in the CMA or other public open space can result in conflicts, such as constraining public access. They can also cause adverse effects to businesses, visitors, and residents quality of life and livelihoods. These effects need to be adequately managed through this Unitary lan and other mechanisms, such as bylaws and the event permit process. Comment [JC1]: Consequence of 840, 5716 Comment [JC2]: Outside scope To mitigate cumulative effects, some activities must remain temporary and their adverse effects on the environment managed through controls on location, number, scale, intensity and duration of those activities. Comment [JC3]: Outside scope Objectives 1. A wide range of temporary activities that contribute to a vibrant and liveable city, and the social, environmental, economic and cultural well-being and the health and safety of the community are encouraged. 2. Temporary activities are located and managed to mitigate long-term and cumulative adverse effects on people, property and the environment. 3. Disturbance to public open space qualities, including access, recreation opportunities and amenity values, caused by temporary activities are minimised. 4. Regional and major events are enabled in tthe city centre, metropolitan centres and the Auckland Domain are enabled as key locations for, while events in other public places are provided for where appropriate. 5. Temporary military use of the land and the CMA is allowed where it avoids adverse effects on identified areas of ecological, historical and cultural values, amenity and coastal processes. Comment [JC4]: Outside scope Comment [JC5]: Consequence of 840, Comment [JC6]: Consequence of 838 olicies Mitigating adverse effects 1. Enable temporary activities including those with associated structures provided: a. traffic generated by the activity is effectively managed Comment [JC7]: Outside scope b. noise generated by the activity meets specified controls c. waste and litter are effectively managed and minimised d. public access to public areas is retained at a reasonable level at all times e. scheduled natural and historic heritage places are not modified, damaged or destroyed f. adverse effects on the environment and amenity are avoided, remedied or mitigated. 2. Control activities that generate traffic, including heavy traffic, so that activities do not detract from: a. the capacity of the road to cater safely and efficiently for motor vehicles, pedestrians and cyclists b. the well-being of residents and businesses occupying surrounding sites. 3. Remedy disturbances of the foreshore or seabed within seven days unless this can be achieved by natural processes. Identifying appropriate places for events 4. Identify and promote appropriate public places and facilities for major and regional events, taking into account: a. capacity to safely host large numbers of people Comment [JC8]: Outside scope b. availability of sufficient parking where necessary and road network capacity c. capacity of the public transport network or the extent to which a venue can be temporarily serviced by mass passenger transport d. ability to effectively avoid, remedy or mitigate adverse effects on the environment. Managing effects on public open space and areas for conservation 5. Manage the effects of temporary activities on public open space and significant ecological areas to mitigate conflicts with other public uses or conservation activities. so that amenity, ecological, landscape, and heritage values are maintained. 5 a). Mitigate conflicts of temporary activities with other uses of public open space, including conservation, cultural and recreational activities. Comment [JC9]: Outside scope Comment [JC10]: 2959, 3727 Comment [JC11]: 2959, 3727 Defence activities including military training activities 6. Limit the number and duration of temporary military activities and the noise levels they make where they occur on land which is not under the control or ownership of NZ Defence. 7.Allow temporary military training activities for defence purposes within the CMA, provided: a.there is no modification, damage or destruction to scheduled natural and historic places Comment [JC12]: 838 b.adverse affects on coastal processes are mitigated c.public access is maintained where possible d.public access is maintained to and along the CMA where this is not in conflict with the Defence Act 1990 or the need to protect public health and safety. 8.Avoid underwater explosives training exercises in: a.places listed on the natural and historic heritage schedules b.significant Ecological Areas - Marine 1 and 2 Comment [JC13]: 838 c.areas identified by Mana Whenua in accordance with tikanga Māori as being of special spiritual, cultural, or historical significance. 9.Require temporary activities undertaken in the CMA, including the erection, maintenance and repair, demolition, or removal of structures for defence purposes, to: a.avoid more than minor modification, damage or destruction of any protected coastal areas Comment [JC14]: 838 b.avoid modification, damage or destruction of any scheduled natural and historic places. 7. Manage temporary activities through controls on the number, duration, and timing of temporary activities in order to protect activities sensitive to noise on adjacent sites from unreasonable or unnecessary noise. Comment [JC15]: Outside scope 8. Manage the effects of outdoor events that use electronically amplified entertainment through controls on the noise levels, start/finish times, duration and frequency of the events. Comment [JC16]: Outside scope ART 3 - REGIOL AND DISTRICT RULES Chapter H: Auckland-wide rules»6 General»6.5 Temporary activities 1. Activity table The following table specifies the activityies status of temporary activities in all zones and public places, including roads, unless otherwise provided for within specific zones, precincts or overlays. All other Auckland-wide provisions (excluding Transport) apply to temporary activities. The duration of the temporary activities specified below includes the time required to establish and remove all structures and activities associated with the activity and reinstate the site to its original condition. All events on public land or water must obtain an event licence permit from the council (and permission from Auckland Transport if required for activities on roads) in addition to any resource consent requirements. The approval of the Harbourmaster is required for events in navigable water. Compliance with the following activity table and associated controls and assessment criteria does not remove the need to comply with all other applicable Acts, regulations, bylaws and rules of law, including Reserve Management lans made under the Reserves Act For the purposes of the following activity table and associated controls and assessment criteria, the reference to the City Centre and Metropolitan Centres includes the City Centre zone, the Metropolitan Centre zone and the public open spaces within the area bound by the City Centre and Metropolitan zones. Temporary structures and temporary military training activities within the CMA are provided for within Coastal - General Coastal Marine Zone. Comment [JC17]: , , , , and various others. Comment [JC18]: 5716 Comment [JC19]: , , , , and various others. Comment [JC20]: 5473 Comment [JC21]: 838 Activity CMA (rcp) Land (dp) General Temporary Activities (not otherwise provided for) Temporary activities in public places (except within the City Centre and Metropolitan Centres zones) up to five six consecutive days Temporary activities in public places (except within the City Centre and D Metropolitan Centres zones) more than five six consecutive days Temporary activities on private land (except within the City Centre and Metropolitan Centres) up to six days (but not more than three consecutive days) in any 12 month period Temporary activities in public places and private land within the area of the City Centre and Metropolitan Centres zones for up to 21 consecutive days Temporary activities in public places and private land within the area of RD RD the City Centre and Metropolitan Centres zones for more than 21 consecutive days Temporary activities in the Auckland Domain for up to 12 consecutive days, and for up to three times between 2 October and 31 April Comment [JC22]: , , , , and various others. Comment [JC23]: 6795 Comment [JC24]: 5716, 840 Comment [JC25]: 840, 5716 Comment [JC26]: 840, 5716 Temporary activities in the Auckland Domain not otherwise provided RD for Temporary activities in public places in the CMA (except in the City Centre and Metropolitan Centre zones) up to 14 consecutive days in a six-month period Temporary activities in public places in the CMA (except in the City RD Centre and Metropolitan Centre zones) not otherwise provided for Temporary activities in coastal SEA Marine 1 areas, ONC or ONF Type D Comment [JC27]: Outside scope and A, B, C, E, F and V areas Specific Temporary Activities Noise events in public places Noise events on private land (except sites within residential zones) RD Noise events on sites within residential zones D Filming activities up to 30 consecutive days and community groups for fund raising purposes Markets - up to six per site annually if undertaken by schools, churches, charities Temporary storage or stacking of goods for up to six consecutive months in any 24-month period that are not more than 2m high if placed within 2m of a site within the residential zones The use of shipping containers on a site within the residential zones for one month in any 12 month period Temporary structures associated with a construction site (including scaffolding and fencing) located on private land for the duration for the Comment [JC28]: 6633 construction project or up to 12 consecutive 24 months, whichever is the lesser in any 24-month period Temporary structures located on private land for up to 12 months in any 24-month period when associated with the construction or restoration of boats, caravans and similar objects for that person's recreational purposes The use of any fireworks: on any day between 5pm-10.30pm except New Year s Day between 5pm on New Year s Eve and 1am on New Year s Day on any day between 5pm and midnight with an event licence Temporary Mmilitary training activities on land under the control or Comment [JC29]: 838 ownership of the New Zealand Defence force Temporary military training activities on locations which are not under Comment [JC30]: 838 New Zealand Defence control or ownership Underwater explosives training D Comment [JC31]: Development Land use controls Comment [JC32]: Outside scope 1. The following do not apply to the buildings and structures associated with temporary activities: a. the development controls of the zone e.g. building height and yards b. the Auckland-wide transport rules unless required elsewhere in this section. 2. Temporary activities within the CMA: Comment [JC33]: Outside scope a. Activities must not cause a hazard to safe navigation. b. Any excess building material, spoil, construction equipment or litter must be removed from the CMA area within 24 hours of completion of any works. c. Any visible disturbance to the substrate of the CMA must be remedied or restored within 48 hours of the completion of the works in ONC, ONF and SEA M1 overlay areas and within seven days in other areas of the CMA. 2.1 Noise events outside the City Centre zone and Metropolitan Centres Comment [JC34]: Consequence of Up to 15 noise events are allowed in a venue in any 12-month period with no more than two noise events in a seven-day period. The noise event must: a. not exceed six hours, excluding up to two hours required for sound testing and balancing on the day of the event, which must not start until 9am and must be completed by 7pm b. not exceed 70dB LAeq and 80dBA L1 except where higher noise levels are provided for in 2 below c. start after 9am and end by 1am on New Year's Day, and by 11pm at all other times. 2. Three of the allowable noise events may be up to 80dB L Aeq and 90dBA L1 for a maximum of three hours, excluding up to one hour required for sound testing and balancing on the day of the event, provided that this does not start until 9am. 3. Clause 1(a) and (b) above do not apply to the Auckland Domain where three of the allowable noise events have no noise limit. 2.2 Noise events in the City Centre zone and Metropolitan Centres Comment [JC35]: Consequence of Up to 18 noise events are allowed in a venue in a 12-month period in the City Centre zone except that no more than two noise events can occur within a seven-day period. 2. The noise events must comply with clause 2.1(1) above except where higher noise levels are provided for below. 3. Three of the allowable noise events may be up to 80dB L Aeq and 90dBA L1 for a maximum of three hours, excluding up to one hour required for sound testing and balancing on the day of the event provided this does not start until 9am and is completed by 7pm. 4. Three of the allowable noise events may not exceed 90dB L Aeq(15min) and 95dBA L1 for a maximum of three hours, excluding up to one hour required for sound testing and balancing on the day of the event provided this does not start until 9am and is completed by 7pm. Comment [JC36]: Outside scope - Error superseded by Measurement of noise events 1. The noise levels of noise events must be met when measured 1m from any adjacent building outside the venue that is occupied during the event. For noise events in the City Centre zone, the noise levels must be met both within and outside the city centre. The L Aeq noise levels to be met are incidence noise levels averaged over the duration of the event but are not to include sound testing or balancing. No corrections can be made to the measured incident noise level. Crowd noise must not be included in any noise measurement. Comment [JC37]: Meaning unclear 2.4 Traffic 1. An event in a rural or future urban zone must not generate more than 500 vehicle movements per day on adjacent roads. 2. An event in a residential zone must not generate more than 100 vehicle movements per day on adjacent roads. Comment [JC38]: Outside scope Comment [JC39]: Consequence of 840, Temporary military training 1. Temporary military training activities are permitted activities on locations that are not under New Zealand Defence control or ownership where the following controls are met. a. Training activities at any given location are limited to a period not exceeding 12 consecutive days in any 12-month period. b. Training activities carried out in the region per year must not exceed a total of 100 day. c. No more than two training activities may be carried out within a 5km radius of each other within any 12-month period. d. During any training activity, the use of guns, mortars or any other explosive devices may occur only within a maximum of two periods of up to two consecutive days each, with a minimum of four days between each such two-day period and must meet the following requirements. Table 1 Type of military noise Time (on all days) Separation distance to any noise sensitive land use Live firing of weapons and single or multiple explosive events 7am to 7pm (day time) 1500m minimum Less than 1500m if conditions (i) and (iii) below are complied with 7pm to 7am (night time) 4500m minimum Less than 4500m if conditions (ii) and (iii) below are complied with Firing of blank ammunition 7am to 7pm 750m minimum Less than 750m if conditions (i) and (iii) are complied with 7pm to 7am 2250m minimum Less than 2250m if conditions (ii) and (iii) are complied with i. Day time noise levels must not exceed a peak sound level of 120dBC when measured at or within the notional boundary of any activity sensitive to noise. ii. Night time noise levels must not exceed a peak sound level of 90dBC when measured at or within the notional boundary of any activity sensitive to noise. iii. The activity is undertaken in accordance with a noise management plan prepared by a suitably qualified acoustic engineer and approved by the council at least 15 working days prior to the activity taking place. The noise management plan must contain as a minimum: a description of the site and activities taking place on the site including times, dates and duration of the methods to minimise the noise disturbance for activities sensitive to noise including the location, orientation and timing of activities, and the nature and location of the proposed training activities noisy activities a map showing potentially affected activities sensitive to noise and predicted peak sound pressure noise levels for each of these locations a programme for notification and communication with the occupiers of activities sensitive to noise at least seven days before the activity is commenced a method for following up complaints received by the council during and after the event and any proposed de-briefings with council officers. iv. Mobile noise sources except those in the table above shall not exceed 90dB LAFmax during the daytime (7am to 7pm) and 75dB LAFmax during the night time when measured at or within the notional boundary of any activity sensitive to noise. iv. Stationary noise sources except those in the table above must not exceed the following levels when measured at or within the notional boundary of any activity sensitive to noise. Table 2: 7am-10pm 55dB L Aeq(15 min) 10pm to 7am on all 45dB L Aeq(15 min) days 75dB L AFmax v. All helicopter landing areas must comply with a noise level of 60dBA Ldn when the noise affects activities sensitive to noise and 75dBA Ldn when the noise affects other activities. 3. Assessment - Restricted discretionary activities 3.1 Matters of discretion The council will restrict its discretion to the matters below for the activities listed as restricted discretionary in the activity table. 1. Temporary activities: - in public places within the area of the City Centre and Metropolitan Centres zones for more than 21 consecutive days, - temporary activities in the Auckland Domain not otherwise provided for, - temporary activities in public places in the CMA (except in the City Centre and Metropolitan Centre zones) not otherwise provided for, and - noise events on private land (except sites within residential zones) Comment [JC40]: Consequence of 840, 5716 a. noise, lighting and hours of operation b. traffic and access c. visual amenity. land disturbance Comment [JC41]: Outside scope 3.2 Assessment Criteria The council will consider the relevant assessment criteria below for the restricted discretionary activities listed above. 1. Temporary activities in public places within the area of the City Centre and Metropolitan Centres zones for more than 21 consecutive days, temporary activities in the Auckland Domain not otherwise provided for, temporary activities in public places in the CMA (except in the City Centre and Metropolitan Centres zones) not otherwise provided for and noise events on private land (except sites within residential zones) Comment [JC42]: Consequence of 840, 5716 a. Noise, lighting and hours of operation i.noise from the activity should not have a significant adverse effect on the amenity of surrounding residential properties. In determining this, consideration will be given to: the location, duration and timing of the activity and the day/s of the week on which it will occur the measure
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