Hearings were held on 2, 3 and 4 November 2009 to consider submissions made on Change 2 and Variation 2, which introduced new, and change existing regional planning provisions for air quality in Hawke’s Bay.
The Hearings Committee are currently forming its recommendations on Change 2 and Variation 2 in public excluded sessions, with the exception of the following recommendation which has been deliberately brought into open public proceedings:
“That the burner emission limit of 0.7 g/kg proposed for the Hastings Airshed be altered to:
- 1.0 g/kg for insert burners without a wetback and all freestanding burners, and
- 1.5 g/kg for insert burners with a wetback”.
More information about the reasons behind this recommendation and why it was deliberated in open public proceedings is detailed below.
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Change 2 and Variation 2 introduce new, and change existing regional planning provisions for air quality in Hawke’s Bay. The new provisions control domestic woodburners, and changes existing provisions which control discharges to air from industrial and trade premises.
Change 2 and Variation 2 were publicity notified on 10 December 2008 inviting people to make submissions.
The submission period ran for 63 working days and closed on 30 March 2009. A total of 195 submissions were received from a range of groups and individuals.
Further information is available about Council’s new air quality rules.
The hearings were held to consider all submissions. The hearings gave those submitters who had indicated that they wished to be heard, an opportunity to talk about their concerns and provide evidence in support of their submissions. Hearings were conducted by a panel of three Councillors and a Maori representative. At the hearing, submitters were given a chance to explain their submission and/or further submission and asked questions about their views.
The Hearing Panel are currently considering all the information put forward in written and verbal submissions and forming recommendations on Change 2 and Variation 2. It may accept each submission point in full or in part, or the points may be rejected. Change 2 and Variation 2 will be amended as a result of this consultation and decision making process. If submitters are unhappy with any decisions made as a result of their submissions, they may appeal the Council’s decision to the Environment Court.
The Hearings Committee is currently forming its recommendations in response to submissions made on Change 2 and Variation 2 in public excluded sessions. However, the following recommendation was deliberately adopted by the Hearings Committee in open public proceedings:
“That the burner emission limit of 0.7 g/kg proposed for the Hastings Airshed be altered to:
- 1.0 g/kg for insert burners without a wetback and all freestanding burners, and
- 1.5 g/kg for insert burners with a wetback”.
This recommendation was considered in public session to try and avoid any unnecessary restrictions being placed on homeowners in Hastings, who may presently be looking to install a 0.7 g/kg burner to comply with the rules previously notified by Council.
By bringing this preliminary recommendation into public, homeowners who would prefer to install a wetback or burner which has a higher emission limit than 0.7 g/kg, can make a more informed choice about when to upgrade their burner.
The Hearings Committee are recommending this change because during the hearings, evidence was provided by submitters and experts, indicating that there is little evidence to justify a 0.7 g/kg emission limit being imposed on Hastings.
In addition, submitters indicated -
- given that there are only four insert 0.7 g/kg burners on the market, and 40 – 45% of burners in Hastings needing to be replaced are insert burners, it is likely that homeowners will have to make costly structural alterations to their home in order to fit a different type of burner
- there are no 0.7 g/kg insert burners that can incorporate a wetback
- there is one 1.5 g/kg insert burner that can incorporate a wetback
- there is a wider range of burners available that meet the 1.0 g/kg limit, this meaning that homeowners replacing their insert burners are more likely to find a compliant burner with similar dimensions, which will avoid costly structural changes
- the 0.7 g/kg insert burners have a lower heat output than higher emission burners, which can lead to overloading of the burner resulting in higher real life emissions.
Based on this information, the Hearings Committee considers that a burner emission limit of 1.0 g/kg for freestanding and insert fires without a wetback, and 1.5 g/kg for insert fires with a wetback, is appropriate for the Hastings Airshed.
Final decisions on the Air Quality Plan Change and associated provisions are presently scheduled to be made at the Council meeting on 17 February 2010, with decisions on Change 2 and Variation 2 to be released in March 2010.
A copy of the Agenda for the Hearing was sent out to those submitters who indicated they wish to be heard. The Agenda incorporated the Hearing Report and other relevant background information to assist the Hearings Panel consider the written submissions already lodged together with presentations to be made at the hearing.
The Hearing Report, Appendix 1, Appendix 2 and Appendix 3 & 4 was prepared and reviewed by Council staff with input from external technical advisors where relevant. These files provide evaluations and recommendations based on information available prior to the hearing, including that contained in the submissions and further submissions. The recommendations are officer recommendations. They are NOT final, nor are they decisions of the Council.
The following reports were used in the preparation of the Hearing Report: