Submission by Genesis Power Limited

Transcription

1 Submission by Genesis Power Limited Trading as Genesis Energy ON Horowhenua District Plan - Proposed Plan Change 22: Outstanding Natural 6 NOVEMBER 2009

2 Submission by Genesis Power Limited Trading as Genesis Energy ON Horowhenua District Plan - Proposed Plan Change 22: Outstanding Natural Features and Landscapes To: The Chief Executive Officer Horowhenua District Council Private Bag 4002, Levin Date: 6 November 2009 Name: Contact: Genesis Power Limited Sally Baguley Environmental Coordinator Environmental Strategy and Planning Genesis Energy Building 602 Great South Road PO Box GREENLANE Phone: sally.baguley@genesisenergy.co.nz

3 1. Introduction 1. Genesis Power Limited trading as Genesis Energy ( Genesis Energy ) welcomes the opportunity to provide a submission on Horowhenua District Council s Proposed Plan Change 22: Outstanding Natural Features and Landscapes ( Plan Change 22 ). 2. The specific provisions of the proposed Plan Change 22 that Genesis Energy s submission relates to are shown in bold at the start of each section of this submission. 3. The nature of Genesis Energy s submission is described under the heading Reasons for Submission in each section of the submission. 4. The decisions sought by Genesis Energy are set out under the heading Relief Sought in each section of this submission. 5. Genesis Energy wishes to be heard in support of this submission. 6. If others make a similar submission, then Genesis Energy will be prepared to consider presenting a joint case with them during the hearing. 2. Genesis Energy s Interests 7. Genesis Energy is a State Owned Enterprise, which was formed by the split of the Electricity Corporation of New Zealand (ECNZ) on 1 April Genesis Energy is involved in the generation and retail of electricity and gas. Genesis Energy operates approximately 2000MW of generation including the Huntly Thermal Power Station, Tongariro Hydro Power Scheme, the Waikaremoana Hydro Scheme, the Kourarau Hydro Scheme and Hau Nui Wind Farm. Genesis Energy is a major electricity and gas retailer in New Zealand with customers primarily located across the North Island. 9. Genesis Energy depends on the utilisation of natural and physical resources (water, land, air and structures) for the generation of hydro, thermal, and wind powered electricity. As such, Genesis Energy depends on and fully supports the sustainable management and efficient use of 1 Submission on the Horowhenua District Plan Proposed Plan Change 22: Outstanding Natural

4 natural and physical resources as promoted by the Resource Management Act 1991 ( RMA ). 10. Genesis Energy s interests in Plan Change 22 are predominantly from a future development perspective. Genesis Energy seeks to ensure that appropriate provisions are provided to allow for the sustainable management of the renewable energy resources (particularly wind) located within the District. 3. Genesis Energy s Submission 11. Set out below are Genesis Energy s submissions on specific sections of Plan Change 22. In addition to the changes set out below, Genesis Energy seeks such further or other changes, including consequential changes or changes to like effect, as may be applicable to give effect to the intent of this submission. 12. Objective Oppose OBJECTIVE 4.3: Ensure that subdivision, use and development does not adversely affect outstanding natural landscapes and features and also has regard to high amenity landscapes. Reasons For Submission The proposed objective proposes a rigid no adverse effects approach to managing activities within outstanding natural landscapes. This is inconsistent with sustainable management as promoted by the RMA. The objective should recognize that activities that are appropriate in the context of section 6(b) of the RMA may have adverse effects on an outstanding natural landscape. Additional changes to the wording of the second part of the objective are also proposed to ensure consistency with the first. Amend Objective 4.3 as follows: OBJECTIVE 4.3: Ensure that subdivision, use and development does not adversely affect The landscape characteristics and values of outstanding natural landscapes and features are protected from inappropriate development and that regard is had to the landscape characteristics and values of also has regard to high amenity landscapes. 2 Submission on the Horowhenua District Plan Proposed Plan Change 22: Outstanding Natural

5 13. Policy 4.12 Support in part POLICY 4.12: Ensure that specified outstanding natural landscapes and features are protected from inappropriate subdivision, use and development. The intent of Policy 4.12 is supported as it is consistent with the direction provided by the RMA for the management of effects on outstanding natural landscapes. However, assuming the proposed amendments to Objective 4.3 outlined above are made, to avoid repetition Policy 4.12 should specify how adverse effects should be managed. This could be achieved through the wording provided below. Amend Policy 4.12 as follows. POLICY 4.12: Ensure that specified outstanding natural landscapes and features are protected from inappropriate subdivision, use and development. All subdivision, use and development affecting areas of outstanding natural landscape shall be managed in a manner which: (a) (b) avoids adverse effects as far as reasonably practicable and, where avoidance is not reasonably practicable, remedies or mitigates adverse effects on the characteristics and values that make the particular landscape outstanding. protects them from inappropriate subdivision, use, and development. 14. Policy 4.13 Oppose in part. POLICY 4.13: Ensure that subdivision, use and development in high amenity landscapes does not detract from the amenity values of that landscape The effects of an activity on the amenity values of a landscape are only one the many of matters that should be considered when considering an application for an activity. The proposed wording better reflects the intention of the RMA for the management of amenity values. Amend Policy 4.13 as follows: POLICY 4.13: Ensure that All subdivision, use and development in affecting high amenity landscapes shall be managed in a manner that gives 3 Submission on the Horowhenua District Plan Proposed Plan Change 22: Outstanding Natural

6 particular regard to the maintenance and enhancement of does not detract from the amenity values of that landscape. 15. Policy 4.14 Oppose POLICY 4.14: Avoid the development of large buildings on outstanding natural landscapes and outstanding natural features. Policy 4.14 prejudges the appropriateness or otherwise of an activity within a landscape area. Such a judgment should be made on a case-by-case basis considering the breadth of matters available under the RMA. Delete Policy Rule Non-complying activities - Oppose 19.9 NON-COMPLYING ACTIVITIES Outstanding Natural Landscapes and Features Any building or network utility with a height of more than 3 metres, or earthworks on any land shown or specified as an Outstanding Natural Landscape or Outstanding Natural Feature on Planning Maps 32 and 33, except for land within the Foxton Dunefields Outstanding Natural Landscape that is not a dune. Non-complying activity status for activities within outstanding natural landscapes is inappropriate. Should there be areas from which Council would like to discourage development that should be done through discretionary activity status accompanied by the use of clear and precise objectives and policies. Delete all reference within the Plan to activities within outstanding natural landscapes being non-complying activities and reclassify those activities as discretionary activities. 4 Submission on the Horowhenua District Plan Proposed Plan Change 22: Outstanding Natural