QLDC Plan Change 27A : Updating Noise Assessment and Measurement Standards.
Latest News 14 April 2011
Arthurs Point Protection Society has reached agreement with Queenstown Lakes District Council, refer Environment Court Consent Order in particular the Appendix 1 on the last page of the Consent Memorandum which contains the new rules.
In summary, the Arthurs Point Protection Society was successful in convincing Queenstown Lakes District Council to not introduce the 24 hour averaging of noise in Table 1 of the Helicopter NZ Standard 6807 (1994), which allowed 90 Dba on the façade of homes adjoining helipads.
Click here to see the 21 page Brief that APPS presented to QLDC in this matter prior to Council agreeing to drop the rule.
The below information was posted during the Arthurs Point Protection Society's two year effort to get the proposed rule struck out.
What are the effects on my home of the new helicopter standard rule?
Under this new Plan Change 27A noise rules a general helipad operating 46 flights a day would be noise compliant 80m from your home, subjecting the facade of your home to 90dBa, which would ruin your lifestyle, significantly effect your property value, subject you to Building Act acoustic insulation costs, and finally prevent you from future building on your land under the proposed 'heli-noise boundary' process. (more on this below) You would need ear muffs to walk in your garden. Mountain Scene coined the phrase 'heli hell', that is were you would be.
The helicopter standard explicitly states that it is NOT to be used to over ride rules in District Plans that provide a high level of amenity. Yet this is exactly what is happening.
How can you help prevent this from happening to you?
If you are concerned about protecting your common law rights of quite enjoyment, we encourage you to get involved and join our group.
The two new noise rules being introduced are:
NZS6807 Helicopters 1994 (being introduced in all zones)
NZS6802 2008 Assessment of Environmental Sound (zone rules for all zones)
APPS has appealed the introduction of both these rules which increase noise limits significantly.
Here is a sound chart for comparing noise
If you double your distance from a noise you get approximately 6dBa drop in noise. If you double the duration of a noise event, you get approximatley 3dBa increase in noise.
Here is a chart of helicopter noise measurements lodged with the Environment Court
How big an increase are the helicopter noise rules compared to our current rules?
Under our current District Plan noise rule (NZ Standard 6802 1991), being 50 Dba (decibels) L10, the most noisy 10% (L10) of measured noise over ten minutes has to be less than 50 dba ie the 90 percentile noise can not exceed 50 dba.
Under the proposed NZ Helicopter Standard rule, the noise is averaged over 24 hours has to be less than 50 dba.
This is a huge increase of about 150 % in noise pressure levels over our current noise rule.
QLDC former District Plan noise rule was 45dBa - 5dBa for impulsive noises = 40dBa L10 (L10 is 10% of noisiest noise). Under the new NZS6802 2008 Assessment of Environmental Sound, the limit is 50dBa Leq (averge noise). Leq is approximately 3dBa loader than L10, and can be more. Therefore, the new residential noise limits are 13 Dba more than in 1995. 10dba is a doubling of the noise limits, hence noise limits have increased over 100% just in the residential rules, let alone the larger increase in the helicopter standard that is also occurring. Sound pressure is the best measure of what hurts your ears and annoys you.
If you don’t believe these claims above, please refer the evidence of APPS Inc acoustic consultant Russell Malthus and the aerial photo of the Arthurs Point helipad situation under this webpage tab “Arthurs Point Helipad Appeal”.
In contrast, QLDC’s Plan Change 27A report does not state any adverse effects whatsoever of introducing the Helicopter Standard. The Plan Change says the new rule “seeks to make sure we have pleasant and healthy places to live"
Who was involved in the creation of the NZ Helicopter Noise Standard?
Local Territorial Authorities (Councils around NZ) and Ministry for the Environment (our national environmental watchdog) were involved in the NZS6802 1991 Assessment of Environmental Sound currently in QLDC District Plan, but they were not involved in the NZS6807 1994 Helicopter Standard.
Comparison of committee representation.
What is a heli-noise boundary?
The Helicopter Standard contains within it a plan change process called the “helinoise boundary” which prevents neighbours building on their land within the 50dba contour from the helipad – around 80m. So if the helipad is 15m from your boundary, as is the case here at Arthurs Point, you can be prohibited from building on your own land for about 65m.
Where will the new helicopter rules apply?
Helicopter Operators can comply with noise rules in all zones in the Queenstown Lakes District, including all residential areas. Draw an 80m radius circle around all homes in the District, and the remaining land will be noise compliant for helipads.
Here is a example applying Plan Change 27A in a residential zone using new Rule 7.5.5.2 xi (b):
What is a Plan Change?
A Plan change changes the rules in our District Plan, and our District as a whole.
How should a plan change be prepared?
Please refer these two excellent links below:
1. Drafting Issues, Objectives, Policies and Methods in Regional Policy Statements and District Plans (Author: Ministry for the Environment)
2. Environmental & Resource Management Law in New Zealand (chapter 11 Noise)
These procedures have CERTAINLY NOT been followed by QLDC in preparation of Plan Change 27A.
What is QLDC's stated purpose for Plan Change 27A?
The QLDC Plan Change 27A advertising mailer sent to every household in the District stated:
"Managing noise is one way that the District Plan seeks to make sure we have a pleasant and healthy places to live".
QLDC Plan Change 27A report page 2 states the purpose as:
To clarify, replace or update references to acoustic standards incorporated by reference in the Plan and revise provisions relating to noise to ensure they are consistent and clear, and reflect best industry practice.”
Best acoustic industry practice is certainly not one of our District Plan policies or objectives.
Is there any legal requirement for communities to accept new NZ Standards for their area? NO!
That is why a plan change is legally required pursuant to Resource Management Act to introduce new noise rules.
The Standards Act 1988, sections 22 & 23 are provided by Act of Parliament to protect communities around NZ from increases in NZ Standards they do not want for their area.
Therefore, prior to adopting the new NZS6802 2008 Assessment of Environmental Sound and NZS6807 1994 Helicopter Standard in Plan Change 27, QLDC, or any local territorial authority, must undertake a Plan Change to adopt new standards.
The Helicopter Noise Standard might suit the wharf area in Auckland, but not the Wakatipu Basin. These regional differences need to be reflected in district plans.
There is useful commentary on these s22 & 23 provisions in attached draft of NZS DZ6802 Public comment draft on page 11 of 47.
What noise limits does the rest of NZ use?
- Like most of NZ, APPS still prefers the status quo in their District Plan, NZS6802 1991 with L10 (10%) measurement over 10 minutes, not 24 hour averaging like the Helicopter Standard.