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48.

SECTION 48 - NOISE
48.0 ISSUE
Obtaining or sustaining an acceptable ambient noise level in the District and taking account of the communitys 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
48.2.1 48.2.2

POLICIES
To protect people, particularly those in dwellings, from the effect of noise arising from activities. To especially protect from noise dwellinghouses located in any Residential Zone, Rural Residential Zone, Pa Zone (Urban) and Pa Zone (Rural) by ensuring the noise levels generated by any activity within these zones are compatible with the quieter environment expected in those zones. 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. To accommodate noise generated from Marine Industrial activities within the Marine Industrial Zone and from activities in the few Special Industry areas shown on the Planning Maps. To provide for a few occasional and temporary recreational activities which fail to comply with maximum permitted noise levels.
To recognise that the operational requirements of industrial activities justify less stringent noise controls in the Industrial Zone.

48.2.3 48.2.4 48.2.5


48.2.6

48.3
48.3.1

REASONS
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 or mitigating any adverse effects of activities on the environment" which is part of the definition of sustainable 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 48.3.3

Policies 48.2.1-3: The attempt here is to give the community an acceptable amenity value in the Residential, Rural Residential, Rural and Pa Zones. Policy 48.2.5: Occasionally there is likely to be a one day recreational event which may cause noise levels in excess of the maximum permitted. Sensitive evaluation of the effects of these will be carried out in the consideration of a discretionary activity. Provision for this type of activity by itself does not necessarily mean agreement in principle to it.

48.4
48.4.1

METHODS
Zoning allows for the congregation of industrial and commercial activities where higher noise levels can be expected and tolerated. It allows for the separation of those activities from residences, so that there can be certainty that lower noise levels will be realised. The use of rules to require that maximum permissible noise levels are not exceeded is the most effective and fair way of providing certainty for noise makers and recipients.

48.4.2

Waikato District Plan 1995

Reprinted April 2005

48.2 48.4.3 The use of noise contours for the Hamilton airport to indicate the area where aircraft noise can be expected. In addition, a rule will be used to require appropriate acoustic insulation in buildings where people sleep or regularly assemble. Ongoing monitoring of ambient noise levels: Surveys undertaken on a regular basis will assist in discerning the effectiveness of noise standards and changes in ambient noise levels. Traffic noise is not taken into account with the maximum permissible noise levels for new and altered roads. A policy and rules for these levels is a nation-wide matter which needs to be initiated for the country as a whole.

48.4.4 48.4.5

48.5
48.5.1

RULES
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. Such rights exist because either the activity was established before a District Scheme existed, under the Town and Country Planning Acts of 1953 or 1977, or because planning consent under either of those Acts has been granted, and the conditions of consent either permitted higher noise levels, or there was no condition concerning noise. However, the duties conferred by sections 16 and 17 of the Resource Management Act do apply to 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 are adverse effects then those responsible for the activities will be required to co-operate and reduce noise levels. The maximum permitted noise levels below will be a guide for the control of unreasonable noise. Some criteria to be considered by Council when it seeks to reduce these noise 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 to assess 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 any extension of an industrial activity. Where an industrial activity is extended, the noise level limits of the 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 as follows: Note: In these criteria, the word "day" means a 24 hour day and therefore includes night time. (a) (b) The level of noise. The number, duration and timing of events during the year and during the day.

Answers to the following questions will therefore be needed: (c) how often during the year? how often during the day? for how long during the day? at what times in the day? The noise characteristics - very low or high frequencies are more likely to cause annoyance than middle range frequencies, and a single or very dominant tone is more likely to be unreasonable than the same level of broad spectrum noise. The location of the noise source in relation to dwelling houses and those activities where quietness is important for frequent and significant periods of the day.

(d)

Waikato District Plan 1995

Reprinted April 2005

48.3 (e) (f) (g) (h) 48.5.3 The objectives for noise control and the explanation and reasons for objectives. The potential to avoid or abate the noise - a noise level which results from a failure to adopt the best practicable means to control it is unreasonable. 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. Maximum permissible noise levels shall not be applied to crowd noise.

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 duties conferred 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 levels under 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 "all activities" in rule 48.5.4(a) "Urban Residential Area" below and in rule 48.5.4(c) "Rural Area" below. Hence the maximum permissible noise limits of these rules apply to home occupations. 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 readings of 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 take enforcement action in the event that the machinery/activity exceeds the maximum permissible noise levels. (d) Extractive industries as Discretionary Activities This rule shall not apply to extractive industries in an Industrial Zone (to which Rule 48.5.4(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 and 25.5.5 in respect of the Hopuhopu Zone (Rural Area), extractive industries are a discretionary activity in the Rural Zone, (but excluding any Deferred Residential Area), Rural Residential Zone, Pa Zone (Rural) or Hopuhopu Zone (Rural Area) where the noise standards of Rule 48.5.4(c) Rural Area are exceeded and Council may exercise its discretion 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 not exceed the following limits: Monday to Friday 7.00 am - 10.00 pm Saturday 7.00 am - 6.00 pm At all other times including public holidays 55 dBA (L10) 55 dBA (L10) 45 dBA (L10)

Waikato District Plan 1995

Reprinted April 2005

48.4 Extractive industries which exceed the limits for discretion as a discretionary activity shall be a non-complying activity. Assessment Criteria for Discretionary Activities 1 2 3 Regard will be had to the objectives and policies of the District Plan relating to noise and the relevant zone. It should be demonstrated that the receiving environment can tolerate or absorb a greater level of noise. It should be demonstrated that the management of an activity, the design of any buildings or processing operations have employed techniques or methods which reflect the best practical option. Any approach should seek to avoid or minimise any additional noise emission above the maximum levels for the Rural Area. Regard may be had to seasonal fluctuations in daylight hours. Regard may be had to the effects of noise emissions on existing dwellinghouses and any new dwellinghouses which could be erected in accordance with provisions of this District Plan.

4 5 6

48.5.4

Controls for Noise (a) Urban Residential Area All activities shall be conducted and buildings located, designed and used to ensure that noise levels at or within a property boundary in any urban Residential Area do not exceed the following limits: Monday to Friday 7.00 am - 10.00 pm Saturday 7.00 am - 6.00 pm At all other times including Public Holidays 50 dBA (L10) 50 dBA (L10) 40 dBA (L10)

Times and levels take into account the expectations for day and night noise requirements and the existing noise environment in the community. Reason To ensure the protection of the residents' amenity values including the ability to sleep at night. (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 boundary do not exceed the following limits: Monday to Saturday 7.00 am to 10.00 pm At all other times including Public Holidays 60 dBA (L10) 50 dBA (L10)

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

Waikato District Plan 1995

Reprinted April 2005

48.5 (2) Special Industry Notwithstanding rule 48.5.4(c), any activity in a Special Industrial area shall be conducted and buildings located, designed and used to ensure that noise levels at or within the boundary of any Urban Residential Area or the notional boundary in any Rural Area, do not exceed the following limits: Monday to Friday 7.00 am - 10.00 pm Saturday 7.00 am - 6.00 pm At all other times including Public Holidays Reason To establish standards for Special Industrial areas in order that the amenity values of residents living outside these areas are protected. These amenity values include the ability to sleep at night. (3) Industrial Zone Any activity in an Industrial Zone shall be conducted and buildings located, designed and used to ensure that noise levels at the boundary of, or within, any other site (not used by the same operator for the same activity or held in common ownership), do not exceed 70dBA (L10); except that in relation to any residential activity in any adjacent Urban Residential Area or 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 an Industrial Zone. No distinction is made between day time and night time levels to enable industry to operate 24 hours per day. Residential activities are discretionary activities 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 in any 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 noise levels at or within any site boundary do not exceed the following limits. Monday to Friday 7.00 am to 10.00 pm Saturday 7.00 am to 6.00 pm At all other times including Public Holidays 55 dBA (L10) 55dBA (L10) 45 dBA (L10) 55 dBA (L10) 55 dBA (L10) 45 dBA (L10)

except that in relation to any residential activity in any adjacent Urban Residential Area or 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 and shoppers. A minimum level of amenity is provided for residents in Town Centres.

Waikato District Plan 1995

Reprinted April 2005

48.6 Noise levels reflect the amenity expected by those working in and visiting Business Zones. (c) Rural Area All activities, excluding farming and those activities undertaken at Agricultural Research Centres, shall be conducted and buildings located, designed and used to ensure that noise levels at or within the notional boundary do not exceed the following limits: Monday to Friday 7.00 am - 7.00 pm Saturday 7.00 am - 6.00 pm At all other times including Public Holidays 50 dBA (L10) 50 dBA (L10) 40 dBA (L10)

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 noise control boundary shown on the Planning Maps shall be designed and constructed to incorporate appropriate acoustic insulation to ensure an internal Ldn of 45 dBA. Also any alteration or addition to an existing dwellinghouse, or building as listed below erected within the airport outer noise control boundary as shown on the Planning Maps shall be designed and constructed to incorporate appropriate acoustic insulation to ensure an internal Ldn of 45 dBA. List of buildings: Papakainga housing Homestays Multi unit development Comprehensive residential development schemes Residential centre Travellers accommodation Hospitals Schools 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 and experienced acoustic engineer, certifying that an internal noise level not exceeding Ldn 45dBA will be achieved by construction in accordance with the proposed design; or incorporation of the following accepted acoustic design solutions in the building: standard external cladding with minimum surface density of 8kg/m2 such as brick, concrete, plaster, timber or plastic weatherboard, fibre cement, and internal linings of external walls of gypsum plasterboard of at least 10mm thickness or similar density material, and continuous ceiling linings without cutouts and of gypsum plasterboard of at least 10mm thickness or similar density material, and

(b)

Waikato District Plan 1995

Reprinted April 2005

48.7 fibrous thermal insulation batts (not polystyrene) in wall and ceiling cavities, and standard roof cladding of steel, tiles, metal tiles, bitumen roof shingles or butynol, 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 and Ldn 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 to protect 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 within the Waikato Gun Club CNR95 Noise Control Boundary shown on Planning Map 15 shall be designed and constructed to incorporate appropriate acoustic insulation to ensure an internal Ldn of 45 dBA. List of buildings: Papakainga Housing Homestays Multi unit development Comprehensive residential development schemes Residential centre Travellers accommodation Hospitals Schools (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 and experienced acoustic engineer, certifying that an internal noise level not exceeding Ldn 45dBA will be achieved by construction in accordance with the proposed design; or Incorporation of the following accepted acoustic design solutions in the building: standard external cladding with minimum surface density of 8kg/m 2 such as brick, concrete, plaster, timber or plastic weatherboard, fibre cement, and internal linings of external walls of gypsum plasterboard of at least 10mm thickness or similar density material, and continuous ceiling linings without cutouts and of gypsum plasterboard of at least 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 or butynol, and standard external window and door glazing of minimum 4 mm thickness, and

(b)

Waikato District Plan 1995

Reprinted April 2005

48.8 Reason The area within the Waikato Gun Club CNR95 Noise Control Boundary is the area where firearm noise from the Club's activities can be expected to be heard within buildings. To protect 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 alter outdoor amenity values. (e) Other Control of Noise Nuisance Notwithstanding compliance with the above standards any use must also comply with the provisions 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 NZS 6802: 1991 Measurement of Sound Measurement of Environmental Sound aluminium external joinery, and room glazing with a total area of no more than 50% of the floor area.

and in accordance with NZS 6805: 1992 "Airport Noise Management and Land Use Planning" except that projections and consequences of projections for airport operations shall 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 measured and assessed in accordance with New Zealand Standard NZS4403:1976, Code of Practice for 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 use shall meet the limits recommended in, and be measured and assessed in accordance with New Zealand Standard NZS.6803P: 1984, The Measurement and Assessment of Noise from Construction, Maintenance and Demolition Work. Reason To ensure unnecessary or excessive noise is not emitted from construction, maintenance and demolition work.

48.6

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

DISTPLAN\PUBLISH\48PUBSTY

Waikato District Plan 1995

Reprinted April 2005