48 pub sty

8/3/2019 48 Pub Sty

1/8

48.1

Waikato District Plan 1995 Reprinted April 2005

SECTION 48 - NOISE

48.0 ISSUE

Obtaining or sustaining an acceptable ambient noise level in the District and taking account of thecommunitys expectations or tolerance of noise levels in different zones and areas.

48.1 OBJECTIVE

To create or maintain an acceptable ambient noise level in the District.

48.2 POLICIES

48.2.1 To protect people, particularly those in dwellings, from the effect of noise arising from activities.

48.2.2 To especially protect from noise dwellinghouses located in any Residential Zone, RuralResidential Zone, Pa Zone (Urban) and Pa Zone (Rural) by ensuring the noise levels generatedby any activity within these zones are compatible with the quieter environment expected in thosezones.

48.2.3 To protect the Residential, Rural Residential, Rural and Pa Zones which are situated adjacent to

the Industrial and Business Zones, from unreasonable noise emanating from these zones.

48.2.4 To accommodate noise generated from Marine Industrial activities within the Marine IndustrialZone and from activities in the few Special Industry areas shown on the Planning Maps.

48.2.5 To provide for a few occasional and temporary recreational activities which fail to comply withmaximum permitted noise levels.

48.2.6 To recognise that the operational requirements of industrial activities justify less stringent noisecontrols in the Industrial Zone.

48.3 REASONS

48.3.1 Policies 48.2.1 and 48.2.2: The control of noise is necessary to ensure the tranquillity of people's

homes and their surroundings and is seen as an expectation of the community.

The control of noise for the benefit of residents is consistent with "avoiding, remedying ormitigating any adverse effects of activities on the environment" which is part of the definition ofsustainable management of natural and physical resources given in the Act (section 5 of the Act).One contribution to this management is the maintenance and enhancement of amenity values.(See section 7 of the Act). Control of noise is a significant part of amenity values.

48.3.2 Policies 48.2.1-3: The attempt here is to give the community an acceptable amenity value in theResidential, Rural Residential, Rural and Pa Zones.

48.3.3 Policy 48.2.5: Occasionally there is likely to be a one day recreational event which may causenoise levels in excess of the maximum permitted. Sensitive evaluation of the effects of these willbe carried out in the consideration of a discretionary activity. Provision for this type of activity byitself does not necessarily mean agreement in principle to it.

48.4 METHODS

48.4.1 Zoning allows for the congregation of industrial and commercial activities where higher noiselevels can be expected and tolerated. It allows for the separation of those activities fromresidences, so that there can be certainty that lower noise levels will be realised.

48.4.2 The use of rules to require that maximum permissible noise levels are not exceeded is the mosteffective and fair way of providing certainty for noise makers and recipients.

8/3/2019 48 Pub Sty

2/8

48.2


48.4.3 The use of noise contours for the Hamilton airport to indicate the area where aircraft noise can beexpected. In addition, a rule will be used to require appropriate acoustic insulation in buildingswhere people sleep or regularly assemble.

48.4.4 Ongoing monitoring of ambient noise levels: Surveys undertaken on a regular basis will assist indiscerning the effectiveness of noise standards and changes in ambient noise levels.

48.4.5 Traffic noise is not taken into account with the maximum permissible noise levels for new andaltered roads. A policy and rules for these levels is a nation-wide matter which needs to beinitiated for the country as a whole.

48.5 RULES

48.5.1 Existing use rights where maximum permitted noise levels are exceeded

Many activities have existing use rights to exceed the noise levels permitted by the Plan. Suchrights exist because either the activity was established before a District Scheme existed, underthe Town and Country Planning Acts of 1953 or 1977, or because planning consent under eitherof those Acts has been granted, and the conditions of consent either permitted higher noiselevels, or there was no condition concerning noise.

However, the duties conferred by sections 16 and 17 of the Resource Management Act do applyto these activities. Section 16 is entitled "Duty to avoid unreasonable noise". Section 17 is

entitled "Duty to avoid, remedy or mitigate adverse effects". This means that where there areadverse effects then those responsible for the activities will be required to co-operate and reducenoise levels. The maximum permitted noise levels below will be a guide for the control ofunreasonable noise. Some criteria to be considered by Council when it seeks to reduce thesenoise levels are given in rule 48.5.2 which covers occasional recreational activities.

Whilst these criteria are for occasional recreational activities, the criteria can also be used toassess other activities which fail to comply with the maximum permissible noise levels.

A distinction is made between an industrial activity which has existing use rights and anyextension of an industrial activity. Where an industrial activity is extended, the noise level limits ofthe Plan shall apply to the extension only, from the time the industry is extended.

48.5.2 Assessment Criteria for occasional and temporary recreational activities which fail to

comply with the noise standards.

These activities will be assessed as Discretionary activities.

The matters which shall be included in the assessment of the discretionary activities are asfollows:

Note: In these criteria, the word "day" means a 24 hour day and therefore includes night time.

(a) The level of noise.

(b) The number, duration and timing of events during the year and during the day.

Answers to the following questions will therefore be needed:

- how often during the year?- how often during the day?- for how long during the day?- at what times in the day?

(c) The noise characteristics - very low or high frequencies are more likely to cause annoyancethan middle range frequencies, and a single or very dominant tone is more likely to beunreasonable than the same level of broad spectrum noise.

(d) The location of the noise source in relation to dwelling houses and those activities wherequietness is important for frequent and significant periods of the day.

8/3/2019 48 Pub Sty

3/8

48.3


(e) The objectives for noise control and the explanation and reasons for objectives.

(f) The potential to avoid or abate the noise - a noise level which results from a failure to adoptthe best practicable means to control it is unreasonable.

(g) Public address systems are considered to be non-essential part of recreational activity.Maximum permissible noise limits are the same for Residential and Rural Zones.

(h) Maximum permissible noise levels shall not be applied to crowd noise.

48.5.3 General Provisions for Noise

(a) Traffic noise from roads and railways, rivers and lakes

The maximum permitted noise levels below do not apply to traffic. However, the dutiesconferred by sections 16 and 17 of the Act do apply to this traffic.

(b) Activities on rivers and lakes

Rivers and lakes are covered by the Rural Zone. The maximum permissible noise levelsunder the Rules, apply to activities on rivers and lakes.

(c) Home occupations

The definition for "home occupations" is included in the meaning of the expression "allactivities" in rule 48.5.4(a) "Urban Residential Area" below and in rule48.5.4(c) "Rural Area"below. Hence the maximum permissible noise limits of these rules apply to homeoccupations.

The following activities or machinery are examples of uses likely to exceed these levels:

* air conditioners* compressors* the extrusion of plastic* cutting of non-ferrous or ferrous metal

Potential resident operators are therefore encouraged to supply Council with noise readingsof these activities or of the machinery proposed to be used, and to demonstrate that the

noise use of levels will not be exceeded. This is in order to avoid the necessity to takeenforcement action in the event that the machinery/activity exceeds the maximumpermissible noise levels.

(d) Extractive industries as Discretionary Activities

This rule shall not apply to extractive industries in an Industrial Zone (to which Rule48.5.4(b)(3)applies).

Further to Rule 14.5 and 14.5.1(e), and notwithstanding Rules 9.5.5, 10.5.5, 11.5.5 and25.5.5 in respect of the Hopuhopu Zone (Rural Area), extractive industries are adiscretionary activity in the Rural Zone, (but excluding any Deferred Residential Area), RuralResidential Zone, Pa Zone (Rural) or Hopuhopu Zone (Rural Area) where the noisestandards of Rule 48.5.4(c) Rural Area are exceeded and Council may exercise itsdiscretion as to where extractive industry activities are conducted and buildings located,

designed and used, to ensure that noise levels at or within the notional boundary do notexceed the following limits:

Monday to Friday7.00 am - 10.00 pm 55 dBA (L10)

Saturday7.00 am - 6.00 pm 55 dBA (L10)

At all other timesincluding public holidays 45 dBA (L10)
http://04pubsty.pdf/http://04pubsty.pdf/http://04pubsty.pdf/http://04pubsty.pdf/http://25pubsty.pdf/http://14pubsty.pdf/http://14pubsty.pdf/http://14pubsty.pdf/http://14pubsty.pdf/http://14pubsty.pdf/http://14pubsty.pdf/http://09pubsty.pdf/http://09pubsty.pdf/http://10pubsty.pdf/http://11pubsty.pdf/http://25pubsty.pdf/http://04pubsty.pdf/http://10pubsty.pdf/http://09pubsty.pdf/http://14pubsty.pdf/http://25pubsty.pdf/http://11pubsty.pdf/http://14pubsty.pdf/

8/3/2019 48 Pub Sty

4/8

48.4


Extractive industries which exceed the limits for discretion as a discretionary activity shallbe a non-complying activity.

Assessment Criteria for Discretionary Activities

1 Regard will be had to the objectives and policies of the District Plan relating to noiseand the relevant zone.

2 It should be demonstrated that the receiving environment can tolerate or absorb a

greater level of noise.

3 It should be demonstrated that the management of an activity, the design of anybuildings or processing operations have employed techniques or methods which reflectthe best practical option.

4 Any approach should seek to avoid or minimise any additional noise emission abovethe maximum levels for the Rural Area.

5 Regard may be had to seasonal fluctuations in daylight hours.

6 Regard may be had to the effects of noise emissions on existing dwellinghouses andany new dwellinghouses which could be erected in accordance with provisions of thisDistrict Plan.

48.5.4 Controls for Noise

(a) Urban Residential Area

All activities shall be conducted and buildings located, designed and used to ensure thatnoise levels at or within a property boundary in any urban Residential Area do not exceedthe following limits:



At all other times includingPublic Holidays 40 dBA (L10)

Times and levels take into account the expectations for day and night noise requirementsand the existing noise environment in the community.

Reason

To ensure the protection of the residents' amenity values including the ability to sleep atnight.

(b) Business and Industrial

(1) Marine Industrial Zone

Any activity on a Marine Industrial zoned site shall be conducted and buildings located ,designed and used to ensure that noise levels at or within any adjacent site boundarydo not exceed the following limits:

Monday to Saturday7.00 am to 10.00 pm 60 dBA (L10)


except that in relation to any residential activity in any adjacent Urban Residential Areaor rural area, rules 48.5.4(a) or (c) shall apply instead.

8/3/2019 48 Pub Sty

5/8

48.5


(2) Special Industry

Notwithstanding rule 48.5.4(c), any activity in a Special Industrial area shall beconducted and buildings located, designed and used to ensure that noise levels at orwithin the boundary of any Urban Residential Area or the notional boundary in anyRural Area, do not exceed the following limits:




Reason

To establish standards for Special Industrial areas in order that the amenity values ofresidents living outside these areas are protected. These amenity values include theability to sleep at night.

(3) Industrial Zone

Any activity in an Industrial Zone shall be conducted and buildings located, designedand used to ensure that noise levels at the boundary of, or within, any other site (notused by the same operator for the same activity or held in common ownership), do notexceed 70dBA (L10);

except that in relation to any residential activity in any adjacent Urban Residential Areaor Rural Area, rule 48.5.4(a) or(c)shall apply instead.

Reason

There is a minimum level of protection is provided for those persons working in anIndustrial Zone. No distinction is made between day time and night time levels toenable industry to operate 24 hours per day. Residential activities are discretionaryactivities in the zone and therefore the protection of sleep is not generally a

consideration. Residential activities in adjacent zone are protected.

(4) Business Zone and Hopuhopu Zone (Mixed Activities Area)

Any activity (except for temporary military training not exceeding a period of 31 days inany one year) in a Business Zone or in the Hopuhopu Zone (Mixed Activities Area)shall be conducted and buildings located, designed and used to ensure that noiselevels at or within any site boundary do not exceed the following limits.

Monday to Friday7.00 am to 10.00 pm 55 dBA (L10)

Saturday7.00 am to 6.00 pm 55dBA (L10)


except that in relation to any residential activity in any adjacent Urban Residential Areaor Rural Area, rule 48.5.4(a) or 9c) shall apply instead.

Reason

A higher standard of amenity is expected in Business Zones than in Industrial Zones.Town Centres in particular are promoted as areas attractive to pedestrians andshoppers. A minimum level of amenity is provided for residents in Town Centres.

8/3/2019 48 Pub Sty

6/8

48.6


Noise levels reflect the amenity expected by those working in and visiting BusinessZones.

(c) Rural Area

All activities, excluding farming and those activities undertaken at Agricultural ResearchCentres, shall be conducted and buildings located, designed and used to ensure that noiselevels at or within the notional boundary do not exceed the following limits:




provided that for conveyance utilities, the noise limits contained in rule 48.5.4(b)(3)(Industrial) shall apply instead.

Reason

To recognise and maintain the community expectations in a Rural zone so that residents'amenity values including the ability to sleep at night are protected.

48.5.4 (d) Hamilton Airport Noise Contour

i) Any dwellinghouse, or building as listed below erected within the airport outer noisecontrol boundary shown on the Planning Maps shall be designed and constructed toincorporate appropriate acoustic insulation to ensure an internal Ldn of 45 dBA.

Also any alteration or addition to an existing dwellinghouse, or building as listed belowerected within the airport outer noise control boundary as shown on the Planning Mapsshall be designed and constructed to incorporate appropriate acoustic insulation toensure an internal Ldn of 45 dBA.

List of buildings:

Papakainga housingHomestaysMulti unit developmentComprehensive residential development schemesResidential centreTravellers accommodationHospitalsSchools

ii) Prior to the issue of a building consent for any building to which this rule applies,compliance with the requirements of this rule shall be demonstrated by either:

(a) production of a design certificate from an appropriately qualified andexperienced acoustic engineer, certifying that an internal noise level notexceeding Ldn 45dBA will be achieved by construction in accordance with the

proposed design; or

(b) incorporation of the following accepted acoustic design solutions in the building:

standard external cladding with minimum surface density of 8kg/m2 suchas brick, concrete, plaster, timber or plastic weatherboard, fibre cement,and

internal linings of external walls of gypsum plasterboard of at least 10mmthickness or similar density material, and

continuous ceiling linings without cutouts and of gypsum plasterboard ofat least 10mm thickness or similar density material, and

8/3/2019 48 Pub Sty

7/8

48.7


fibrous thermal insulation batts (not polystyrene) in wall and ceilingcavities, and

standard roof cladding of steel, tiles, metal tiles, bitumen roof shingles orbutynol, and

standard external window and door glazing of minimum 4 mm thickness,and

aluminium external joinery, and

room glazing with a total area of no more than 50% of the floor area.

[Note the Planning Map notation is amended to airport outer noise control boundary.]

Reason

The area of the noise control boundary is where noise levels of between Ldn 55 dBA andLdn 65 dBA can be expected due to aircraft operations.

To protect people from the effects of noise created by the operation of the Hamilton Airport,noise sensitive activities will be required to be acoustically designed. The controls aim toprotect sleep or students concentration but do not alter outdoor amenity values.

(dd) Waikato Gun Club Noise Contour

(i) Any dwellinghouse, or building as listed below being erected, altered or added to withinthe Waikato Gun Club CNR95 Noise Control Boundary shown on Planning Map 15shall be designed and constructed to incorporate appropriate acoustic insulation toensure an internal Ldn of 45 dBA.

List of buildings:Papakainga HousingHomestaysMulti unit developmentComprehensive residential development schemesResidential centreTravellers accommodationHospitalsSchools

(ii) Prior to the issue of a building consent for any building to which this rule applies,compliance with the requirements of this rule shall be demonstrated by either:

(a) Production of a design certificate from an appropriately qualified andexperienced acoustic engineer, certifying that an internal noise level notexceeding Ldn 45dBA will be achieved by construction in accordance with theproposed design; or

(b) Incorporation of the following accepted acoustic design solutions in the building:

standard external cladding with minimum surface density of 8kg/m2

such asbrick, concrete, plaster, timber or plastic weatherboard, fibre cement, and

internal linings of external walls of gypsum plasterboard of at least 10mmthickness or similar density material, and

continuous ceiling linings without cutouts and of gypsum plasterboard of atleast 10mm thickness or similar density material, and

fibrous thermal insulation batts (not polystyrene) in wall and ceiling cavities,and

standard roof cladding of steel, tiles, metal tiles, bitumen roof shingles orbutynol, and

standard external window and door glazing of minimum 4 mm thickness,and
http://map015.pdf/http://map015.pdf/http://map015.pdf/http://map015.pdf/http://map015.pdf/

8/3/2019 48 Pub Sty

8/8

48.8


aluminium external joinery, and

room glazing with a total area of no more than 50% of the floor area.

Reason

The area within the Waikato Gun Club CNR95 Noise Control Boundary is the area wherefirearm noise from the Club's activities can be expected to be heard within buildings. Toprotect people from this noise effect, noise sensitive activities will be required to be

acoustically designed. The controls aim to protect internal amenity values but do not alteroutdoor amenity values.

(e) Other Control of Noise Nuisance

Notwithstanding compliance with the above standards any use must also comply with theprovisions of the Resource Management Act 1991 and the Health Act 1956.

(f) Measurement

Noise levels shall be measured and assessed in accordance with New Zealand Standards:

NZS 6801: 1991 Measurement of SoundNZS 6802: 1991 Measurement of Environmental Sound

and in accordance with NZS 6805: 1992 "Airport Noise Management and Land UsePlanning" except that projections and consequences of projections for airport operationsshall not apply and the recommended control measures shall not apply.

Reason

To ensure recognised noise assessment and measurement techniques are used.

(g) Vibration

Vibration emanating from a site shall meet the limits recommended in, and be measuredand assessed in accordance with New Zealand Standard NZS4403:1976, Code of Practicefor Storage, Handling, and Use of Explosives.

Reason

To ensure vibration emanating from a site is within acceptable limits.

(h) Construction Noise

Construction noise emanating from a site where construction is ancillary to the principal useshall meet the limits recommended in, and be measured and assessed in accordance withNew Zealand Standard NZS.6803P: 1984, The Measurement and Assessment of Noisefrom Construction, Maintenance and Demolition Work.

Reason

To ensure unnecessary or excessive noise is not emitted from construction, maintenanceand demolition work.

48.6 ENVIRONMENTAL OUTCOME

The Councils Noise Policy and the Environmental Acoustic Survey establishes the maximumpermissible noise levels to minimise the effect of intrusive noise to residents by setting the level ofprotection they can expect in any particular zone.

DISTPLAN\PUBLISH\48PUBSTY

48 pub sty

Documents