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4 Proposed National Environmental Standards for Telecommunications Facilities

4.1 Introduction

There are four national environmental standards relating to telecommunications infrastructure.  The standards are for radio-frequency fields and telecommunications facilities such as road side cabinets and the addition of small antennas to existing structures on road sides or verges.  The effect of the standards is to introduce new rules for district councils that set specific levels for permitted development that will apply across the whole country.  In essence, the proposals say:

  • An activity (such as a mobile phone transmitter) that generates radio-frequency fields would be a permitted activity provided it complies with the existing Standards New Zealand Standard.

  • The installation of telecommunications equipment cabinets along roads or in the road reserve would be a permitted activity, subject to specified limitations on their size and location.

  • Noise generated from telecommunications equipment cabinets located alongside roads or in the road reserve would be a permitted activity, subject to specified noise limits.

  • The installation of antennas on existing structures alongside roads or in the road reserve would be a permitted activity, subject to specified limitations to height and size.

The final standards that were agreed by Cabinet in February 2008 are discussed in this chapter along with an analysis of issues raised through the consultation process and their effects on the final form of the NES.

The standards would provide the opportunity to clarify the consenting process for roadside facilities.  They would further strengthen links to district plan provisions where specific values such as amenity had been identified as a local issue.  This clarification would assist economies of scale to be realised when sourcing equipment, reduce timeframes when establishing desired networks, and ultimately provide an improved service to the customer.

The proposed standards, as notified in the discussion document (Ministry of the Environment, June 2007), are provided in Appendix 1.  The final narrative form of the standards, as agreed by Cabinet following consideration of consultation responses and further analysis, is provided in Appendix 2.

4.2 Exposure to radio-frequency fields from wireless telecommunications infrastructure

4.2.1 Proposed standard for radio-frequency fields

Wireless telecommunications infrastructure (eg, mobile phones and wireless internet) uses radio waves, formed from radio-frequency fields, to transmit and receive information.  The radio-frequency fields are basically very low-power microwaves.

The proposed NES for radio-frequency fields states that an activity by a telecommunications operator that generates radio-frequency fields is a permitted activity provided the following conditions are met:

1. Exposures to the radio-frequency fields generated by the activity (in conjunction, where applicable, with exposures to radio-frequency fields from existing transmitters in the vicinity) comply with NZS2772.1: 1999 Radio-frequency Fields Part 1: Maximum Exposure Levels 3 kHz–300 GHz (‘the New Zealand Standard’).

2. Before beginning any activity that generates radio-frequency fields, the following are sent to and reviewed by the relevant council:

a. a written notice of the location of the facility or proposed facility, and

b. a report prepared by a radio engineer/technician or physical scientist containing a prediction of whether the New Zealand Standard will be complied with.

3. If the report provided to the council under condition 2(b) predicts that exposures will reach 25 percent of the exposure limit set for the general public in the New Zealand Standard, then, within three months of radio-frequency emissions beginning, a report from an appropriately qualified person/organisation (for example a radio-frequency engineer) certifying compliance with the New Zealand Standard, based on measurements at the site will be provided to the council.

The proposed national environmental standard is intended for telecommunications infrastructure in public areas and is not intended to cover fields inside homes, schools or offices or mobile phones.  The NES also sets limits that take into account the radio-frequency fields from a particular location, not just the fields from a single new antenna, thereby addressing potential cumulative effects.

The NES is based on the existing national guidelines for radio-frequency fields (Ministry for the Environment and Ministry of Health, 2000).  The national guidelines were issued to provide direction for local authorities, the public and resource consent applicants on how the effects of radio-frequency transmission facilities can be appropriately addressed under the RMA.  Many local authorities already use the New Zealand Standard either through their district plan provisions or in a more informal way.  However, many district plans currently refer to an earlier Standards New Zealand standard (NZS6609: 1990).  This is due in part to the fact that many plans were written before the release of NZS2772.1: 1999.  The incorporation by reference of the New Zealand Standard into a regulation provides an efficient and cost-effective method of updating out-of-date district plans that currently rely on the old standard without the requirement to go through individual plan changes.

The national guidelines are based on the relevant voluntary New Zealand Standard NZS2772.1.  This New Zealand Standard is based on international guidelines produced by the International Council for Non-Ionising Radiation Protection (ICNIRP).  The New Zealand Standard sets limits for public exposure which are 50 times lower than the level at which health effects may start to occur.  This is a widely accepted conservative measure, 50 times less than ICNRP maximum levels.  The NES also allows councils to maintain a record of the location of radio-frequency transmitters.

4.2.2 Response to submissions

Organisations including local government supported the proposal that would require compliance with the standard NZS2772.1: 1999 across the whole country.

By contrast, individuals who submitted on the issue of radio-frequency unanimously opposed permitting radio-frequency fields in compliance with NZS2772.1: 1999.

In response to submissions, there is only one change to the original proposal.  It is amended to take out the reference to the National Radiation Laboratory and replace it with a reference to any appropriately qualified person capable of undertaking the reporting requirement.

The standard is a very conservative one and the scientific basis for setting the limits is robust and widely accepted and implemented around the world.  New Zealand reviews the basis for the standards twice yearly to identify any new research or risks associated with radio-frequency fields.  On this basis it is not appropriate to adopt an ad hoc approach to setting radio-frequency field maxima when there is already a widely accepted method for doing so, the basis of which is reviewed regularly.

4.3 Telecommunications equipment cabinets within road reserves

4.3.1 Proposed standard for roadside cabinets

The national environmental standard proposes that telecommunications cabinets in road reserves be permitted activities, provided they meet restrictions as to height, area, siting and clustering.  Limits vary depending on whether the cabinet is to be located within a residential or non-residential area.

The NES further provides that rules in district plans take precedence over the NES in certain circumstances (ie, when the site of the cabinet is adjacent to a building or place with historic heritage or landscape value, or where work is to be undertaken within the drip-line of a tree).

Any cabinet installed under the NES would have to comply with any performance standards contained in a district plan, for example standards relating to appearance or location.

The specifications in the NES provide national consistency and certainty to telecommunications operators while still ensuring that values identified by the community, through the district plan process, are taken into account.  If the district plan process has not identified any specific values at a particular location, then they need not be considered.

By virtue of s43A(3) of the RMA, any development permitted through the NES must not have significant adverse effects.  The impact of cabinets permitted by the NES would be minor.  The maximum allowable footprint and minimum separation distances seek to minimise the impact on streetscape and amenity of any new cabinets in road reserves.  The standard does not preclude larger structures.  However, a telecommunications provider will have to apply for resource consent from the district council for anything that does not comply with the NES.

The split of cabinet footprint allowance provides capacity for more than one provider through limiting the proportion of space available to the first cabinet.  This approach is seen as a good compromise: the RMA by default operates on a first-come first-served basis and any regulation that sought to circumvent the intent of the act would be cumbersome in the least.  The decision on Local Loop Unbundling4 (LLU) and the operational separation of Telecom into a service provider for home and businesses and a fixed line access provider for other telecommunications suppliers, occurred after the drafting of the NES.  Sub-loop unbundling, the next step after LLU (also referred to as cabinetisation of the local loop) will provide the opportunity for other service providers to utilise cabinets and lines in providing telecommunications services to consumers.

The additional provisions seek to address the need for additional cabinet space whilst minimising the potential for adverse effects from proliferation of cabinets through maximum footprints and minimum separation distances.

4.3.2 Response to submissions

Issues raised in submission included:

  • amenity:

    • concern about size limits
    • colour and screening
    • concern about potential clustering

  • siting considerations and co-location

  • exceptions.

In response to these issues the following have been incorporated into the NES:

The minimum separation distances between cabinets or groups of cabinets have been increased to address concerns over amenity issues.  Minimum separation distances were originally one per property frontage; this has been increased to a minimum separation distance of 30 metres.

Linkages to district plans have been strengthened to pick up the values that have been identified by the community through the district plan process.  Where performance standards exist, cabinets will have to comply with them to comply with the permitted activity requirements.  The linkage to existing district plan provisions provides a local context for the NES.  Identification of areas with specific values is a consultative process with the community and the approach does not preclude future areas being identified through the plan process where the NES provisions may not be appropriate.  Resource consent will be required where the district plan has identified specific attributes valued by the community that require closer consideration.  These include, for example, historic heritage areas.  The process for inclusion of such areas in a district plan is consultative and very rigorous; there is therefore little risk of it undermining the overall intent of the NES yet it provides for local decision-making on areas a community wants to manage specifically.

Issues regarding the impact of cabinet location on safety and access are best addressed through the road opening notice requirements of the Telecommunications Act.  Telecommunications companies must obtain a road opening notice from the road controlling authority before they undertake any works in the road.  The Telecommunications Act gives road controlling authorities the ability to attach reasonable conditions to a road opening notice; the criteria for reasonable conditions include:

  1. the safe and efficient flow of traffic (whether pedestrian or vehicular)
  2. The health and safety of any person who is, or class of persons who are, likely to be directly affected by the work on the road.

4.4 Noise from telecommunications equipment located within road reserves

4.4.1 Proposed standard for cabinet noise

The proposed standard for noise from equipment cabinets in road reserves sets daytime and night-time limits for residential and commercial areas.

The proposal is largely based on the voluntary Standards New Zealand standards for environmental noise.5  The Standards New Zealand standards were commissioned by the Ministry of Health and prepared by a committee of environmental noise experts.  The standards have recently been revised and the NES incorporates the revised New Zealand Standard that was officially released in early 2008.

The Standards New Zealand standard for assessing noise (NZS 6802) gives a range of noise levels as a guideline for the reasonable protection of health and amenity for land used for residential purposes.  The NES is within the recommended range of noise limits for residentially zoned sites.  Noise limits for less sensitive areas (business and industrial) are typically less stringent, as reflected by the proposal.

The NES is generally more restrictive than approximately half of current district plans.  Noise levels in some district plans are more restrictive than the voluntary Standards New Zealand standards and set unrealistically low limits.  The proposal would provide a consistent and practical approach to environmental noise from telecommunications equipment cabinets.

4.4.2 Response to submissions

In response to submissions, the NES shall be referenced to the most current Standards New Zealand standards for noise.  The updated NZ6801: 2008 contains revised methodology that addresses the concerns that have been raised about measurement of noise.  The new Standards New Zealand noise standard addresses some technical debate about the most appropriate location and methodology to measure noise levels.

4.5 Masts and antennas for wireless Telecommunications networks within road Reserves

4.5.1 Proposed standard for antennas and masts

The proposed standard for antennas and masts would allow existing structures in road reserves (such as street lights) to be replaced or extended for telecommunications purposes.  Any extensions would have to be proportionate and not be more than 50% of the maximum diameter of the structure, and a new antenna would not extend more than 3 metres or 30% (whichever is the lesser) above the highest point of the existing structure.  Panel antennas extending above the height of the original structure will be required to fit within a cylindrical envelope 2 metres high by 0.5 metres in diameter.  The proposal provides for a maximum of two dish antennas on any site.

The main concern for placement of antennas is within residential areas or areas of high amenity value.  Potential visual amenity effects of panel antennas may be minimised by being attached to existing structures (co-located).  The proposal promotes co-locating with existing structures within road reserves, such as traffic lights or street lights.

New free-standing cellphone towers are not included in the proposal.  New towers may create additional clutter in road reserves and result in environmental effects that are more than minor.  It is appropriate that new towers continue to be considered in terms of existing district plan provisions.

4.5.2 Response to submissions

Issues raised in submissions included:

  • amenity

  • extension size / maximum height

  • future proofing the standard against changing technologies

  • safety issues.

In response to submissions, changes have been made to limit the visual impact of extensions by providing for additions to existing structures that are proportionate to the size of the existing structure.  Reference to panel antennas has been removed in favour of an envelope approach that will future-proof the NES against changing technologies.  The diameter of the envelope is small to minimise the visual impact of any additions to structures.

Allowances for dish antennas have been included to provide for the use of wireless communications between sites used by some telecommunications operators.

The NES emphasises that any addition to an existing structure is one-off, and any revisits must stay within the original envelope.  This avoids the potential for more than one addition to an existing structure.

Traffic safety is most appropriately addressed by road controlling authorities as it is one of their primary functions.  Safety is clearly specified in the Telecommunications Act as a reason for imposing conditions on a road opening notice by the road controlling authority.

 

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