Agenda of Council - 17 December 2015

N-logotype-black-wide Nelson City Council

17 December 2015

Page No.

Opening Prayer

1. Apologies

Nil

2. Confirmation of Order of Business

3. Interests

3.1 Updates to the Interests Register

3.2 Identify any conflicts of interest in the agenda

4. Public Forum

4.1 Jim Cable - Southern Link

Mr Cable will speak about issues in relation to the Southern Link.

5. Confirmation of Minutes

5.1 19 November 2015 13 - 31

Document number M1604

Recommendation

THAT the minutes of the meeting of the Council, held on 19 November 2015, be confirmed as a true and correct record.

5.2 24 November 2015 32 - 38

Document number M1620

Recommendation

THAT the minutes of the meeting of the Council, held on 24 November 2015, be confirmed as a true and correct record.

6. Status Report - Council - 17 December 2015 39 - 44

Document number R5246

Recommendation

THAT the Status Report Council 17 December 2015 (R5246) and its attachment (A1168168) be received.

7. Mayor's Report

This item will be distributed separately.

8. Notice of Motion regarding appointing members to the Nelson City Council Regional Transport Committee 45 - 47

Document number R5239

Recommendation

THAT Council’s resolution on 27 March 2014 appointing members of the Nelson City Council Regional Transport Committee:

AND THAT Council appoints Councillor Davy as Chair, Councillor Copeland as Deputy Chair, Her Worship the Mayor and Councillor McGurk to the Nelson City Council Regional Transport Committee and adopts the delegations for this committee in attachment 1 (A1159846)

BE AMENDED from the date of this resolution to change the membership of that Committee, as follows:

Council appoints Councillor Copeland as Chair, Councillor McGurk as Deputy Chair, Her Worship the Mayor and Councillor Rainey to the Nelson City Council Regional Transport Committee

BUT OTHERWISE the resolution remain unchanged.

9. Administrative Matters 48 - 64

Document number R5179

Recommendation

THAT the report Administrative Matters (R5179) and its attachments (A1465719, A1103850, A1465783, A1465742 and A1405873) be received;

AND THAT the Schedule of Documents Sealed (A1405873) be received and the approval of the fixing of the seal be confirmed in relation to those documents and the warrants of appointment detailed in that schedule.

10. Draft Health and Safety Management System Governance Charter 65 - 90

Document number R4947

Recommendation

THAT the report Draft Health and Safety Management System Governance Charter (R4947) and its attachments (A1448669, A1451891, A1394804 and A1455112) be received;

AND THAT the Health and Safety Management System Governance Charter (A1394804) be approved.

11. Hampden Street Little Go Stream Stormwater Upgrade Tender Approval Report 91 - 95

Document number R5006

Recommendation

THAT the report Hampden Street Little Go Stream Stormwater Upgrade Tender Approval Report (R5006) and Attachment 1 (A1470190) be received;

AND THAT the tender for $3,621,787 from Donaldson Civil Ltd be accepted.

12. Approval of Tender for Maitai Pipeline Upgrade 96 - 99

Document number R4824

Recommendation

THAT the report Approval of Tender for Maitai Pipeline Upgrade (R4824) be received;

AND THAT the tender for $4,766,817 from Fulton Hogan Ltd be accepted;

AND THAT an additional $800,000 be included in the 2016/17 financial year to complete this project;

AND THAT this acceptance be on the basis that this is a multi-year contract over two financial years and that the contract be considered a committed contract.

13. Housing Accord 100 - 138

Document number R5065

Recommendation

THAT the report Housing Accord (R5065)and its attachment (A1463097) be received;

AND THAT Council approve options 1 to 3, 5 to 7 and 9 to 11 as detailed in the attached Special Housing Area options analysis as potential Special Housing Areas (A1463097);

AND THAT Council approve option 4 (Nelson South) subject to an agreement between Council and the landowners requiring a master planning exercise for the purpose of ensuring infrastructure and open space network connectivity to be completed by the landowners prior to resource consent applications being lodged;

AND THAT Her Worship the Mayor recommend those potential areas to the Minister of Building and Housing for consideration as Special Housing Areas under the Housing Accord and Special Housing Areas Act 2013;

AND THAT officers report back on specified design controls which could be included in an expressions of interest process to dispose of Betts carpark (Pt Lot 2 DP 224).

14. Proposed Change A3 to the Nelson Air Quality Plan - Amendments to Woodburner Provisions 139 - 148

Document number R5193

Recommendation

THAT the report Proposed Change A3 to the Nelson Air Quality Plan - Amendments to Woodburner Provisions (R5193) and its attachments (A1473707, A1472304, A1472293, A1469510, A1469489, A1472174, A1469497, A1469511, A1469503) be received;

AND THAT the Woodburner Plan Change (PCA3) and section 32 report be approved for notification on 16 January 2016;

AND THAT the Mayor, Planning and Regulatory Committee Chair and Chief Executive be delegated authority to make further minor changes following the Council meeting to enable notification on 16 January 2016.

15. Stoke Urban Design Strategy Update 148 - 150

Document number R5249

Recommendation

THAT the report Stoke Urban Design Strategy Update (R5249) be received.

16. Events Strategy: Proposal to Align Development with Regional Identity Project 151 - 154

Document number R5240

Recommendation

THAT the report Events Strategy: Proposal to Align Development with Regional Identity Project (R5240) be received;

AND THAT development of the Nelson City Council Events Strategy be delayed until 2016 to better align with work on regional identity by the new economic development agency;

AND THAT transitional arrangements (as agreed during deliberations on the Long Term Plan 2015-25) relaxing the Events Fund criteria to allow support to be given to community events be extended until an Events Strategy is adopted.

17. Arts Festival Governance Update

This item will be distributed separately.

Reports From Committees

18. Hearings Panel - Other 155 - 156

Document number R5245

Recommendation

THAT the minutes of a meeting of the Hearings Panel - Other, held on 20 November 2015, be received.

19. Civil Defence Emergency Management Group - 20 November 2015 157 - 159

Document number M1618

Recommendation

THAT the unconfirmed minutes of a meeting of the Civil Defence Emergency Management Group, held on 20 November 2015, be received.

20. Joint Shareholders Committee - 20 November
2015 160 - 163

Document number M1616

Recommendation

THAT the unconfirmed minutes of a meeting of the Joint Shareholders Committee, held on 20 November 2015, be received.

21. Works and Infrastructure Committee - 26 November 2015 164 - 172

Document number M1622

Recommendation

THAT the unconfirmed minutes of a meeting of the Works and Infrastructure Committee, held on 26 November 2015, be received.

22. Planning and Regulatory Committee - 26 November 2015 173 - 177

Document number M1624

Recommendation

THAT the unconfirmed minutes of a meeting of the Planning and Regulatory Committee, held on 26 November 2015, be received.

Public Excluded Business

23. Exclusion of the Public

Recommendation

THAT, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, John Palmer, Chairman of the Economic Development Services Transition Group remain after the public has been excluded, for Item 6 of the Public Excluded agenda (Economic Development Services Transition Group Recommendations), as he has knowledge that will assist the Council;

AND THAT, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, the knowledge that John Palmer possesses relates to the Economic Development Services Transition Group Recommendations, which is relevant to specific part of the item if necessary

Recommendation

THAT the public be excluded from the following parts of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Council Meeting - Public Excluded Minutes - 19 November 2015	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).
2	Status Report - Council - 17 December 2015	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
3	Risk Management KPI	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person
4	Review of recycling kerbside collection services	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
5	Funding for the Youth and Community Facilities Trust	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
6	Economic Development Services Transition Group Recommendations	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person
7	Nelson Events Fund Application Update	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities
8	Civil Defence Emergency Management Group Meeting - Public Excluded Minutes - 20 November 2015	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.
9	Joint Shareholders Committee Meeting - Public Excluded Minutes - 20 November 2015 These minutes include a recommendation to Council regarding: Port Nelson Limited Proposed Constitution Changes	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities.
10	Works and Infrastructure Committee Meeting - Public Excluded Minutes - 26 November 2015	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. · Section 7(2)(b)(i) To protect information where the making available of the information would disclose a trade secret. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). · Section 7(2)(b)(ii) To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Council Meeting - Public Excluded Minutes - 19 November 2015

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

· Section 7(2)(a)

To protect the privacy of natural persons, including that of a deceased person.

· Section 7(2)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

Status Report - Council - 17 December 2015

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(a)

To protect the privacy of natural persons, including that of a deceased person

· Section 7(2)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Risk Management KPI

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(a)

To protect the privacy of natural persons, including that of a deceased person

Review of recycling kerbside collection services

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Funding for the Youth and Community Facilities Trust

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(a)

To protect the privacy of natural persons, including that of a deceased person

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Economic Development Services Transition Group Recommendations

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(a)

To protect the privacy of natural persons, including that of a deceased person

Nelson Events Fund Application Update

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

Civil Defence Emergency Management Group Meeting - Public Excluded Minutes - 20 November 2015

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

Joint Shareholders Committee Meeting - Public Excluded Minutes - 20 November 2015

These minutes include a recommendation to Council regarding:

Port Nelson Limited Proposed Constitution Changes

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

· Section 7(2)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

Works and Infrastructure Committee Meeting - Public Excluded Minutes - 26 November 2015

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

· Section 7(2)(a)

To protect the privacy of natural persons, including that of a deceased person.

· Section 7(2)(b)(i)

To protect information where the making available of the information would disclose a trade secret.

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

· Section 7(2)(b)(ii)

To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

24. Re-admittance of the public

Recommendation

THAT the public be re-admitted to the meeting.

Note:

· This meeting is expected to continue beyond lunchtime. (delete as appropriate)

· Lunch will be provided at 12.30pm. (delete as appropriate)

Minutes of a meeting of the Nelson City Council

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson

On Thursday 19 November 2015, commencing at 9.00am

Present: Her Worship the Mayor R Reese (Chairperson), Councillors L Acland, I Barker, R Copeland, E Davy, K Fulton, M Lawrey, P Matheson (Deputy Mayor), B McGurk, G Noonan, P Rainey, T Skinner and M Ward

In Attendance: Chief Executive (C Hadley), Group Manager Strategy and Environment (C Barton), Group Manager Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), Manager Communications (P Shattock), Manager Administration (P Langley), and Administration Adviser (G Brown)

Opening Prayer

Councillor Noonan gave the opening prayer.

1. Apologies

There were no apologies.

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

There were no updates to the Interests Register, and no interests with items on the agenda were declared.

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 15 October 2015

Document number M1531, agenda pages 16 - 41 refer.

It was agreed that on page 21 of the agenda the words ‘There were divided views on the amendment’ be changed to read ‘There were a range of views expressed on the amendment’ with the following sentence deleted.

Resolved CL/2015/130

THAT the amended minutes of the meeting of the Council, held on 15 October 2015, be confirmed as a true and correct record.

Her Worship the Mayor/Davy Carried

5.2 5 November 2015 - Extraordinary Meeting

Document number M1582, agenda pages 42 - 44 refer.

Resolved CL/2015/131

THAT the minutes of the extraordinary meeting of the Council, held on 5 November 2015, be confirmed as a true and correct record.

Barker/Davy Carried

6. Status Report - Council - 19 November 2015

Document number R5141, agenda pages 45 - 51 refer.

Resolved CL/2015/132

THAT the Status Report Council 19 November 2015 (R5141) and its attachment (A1168168) be received.

Davy/Rainey Carried

7. Mayor's Report

Document number R5128, agenda pages 52 - 52 refer.

In response to a question, Her Worship the Mayor advised an email was sent to councillors in relation to the Central Business District Enhancement Panel, and that Councillors Rainey and Fulton formed part of the Panel.

It was requested that a list of the Panel members be sent to Councillors and that the CBD Enhancement Panel meetings be added to the Councillors’ calendar.

In response to a question, Chief Executive, Clare Hadley advised that the cost of the Royal Visit would be indicated in the Corporate Report which would be considered at the Audit, Risk and Finance Subcommittee in 2016.

Resolved CL/2015/133

THAT the Mayor's Report (R5128) be received.

Her Worship the Mayor/Barker Carried

8. QV Revaluation Presentation

Gail Smits and Richard Kolff of Quotable Value gave a PowerPoint presentation on the 2015 revaluation of Nelson properties (A1461656).

In response to questions, Ms Smits said that objections were usually raised due to work undertaken that did not require a resource consent, such as a new kitchen. She added that QV received notification from Council regarding new building consents.

In response to a further question, Ms Smits said that lodging objections did not cost the objector and that approximately 75% of objections sought an increase in valuation.

In response to a question, Mr Kolff advised that commercial rents were high due to prime retail space and market evidence. He added that if retail space was empty then there would usually be a market adjustment.

In response to a question, Ms Smit clarified that inspections were legally required to be held on site.

Attachments

1 A1461656 - QV Revaluation 2015 Presentation

9. Review of the District Licensing Committee

Document number R4885, agenda pages 62 - 65 refer.

Manager Consents and Compliance, Mandy Bishop, presented the report.

In response to a question, Ms Bishop confirmed that if a councillor lodged an objection or was party to the application, then this would exclude the remaining councillors from participating in the District Licensing Committee decision making for this application, due to public perception of potential for bias.

In response to a further question, Ms Bishop clarified that she did not believe feedback to Local Government New Zealand was required in relation to conflicts of interests and councillors as the Sale and Supply of Alcohol Act 2012 had provisions that enabled an independent panel to be selected for the District Licensing Committee.

Chief Executive, Clare Hadley advised that she would provide councillors with advice received to date in relation to councillors lodging an objection, and the impact this had on other councillors.

Resolved CL/2015/135

THAT the report Review of the District Licensing Committee (R4885) be received;

AND THAT the Nelson City Council confirm the appointment term for the current District Licensing Committee members for:

· non-elected members is to 12 November 2018; and

· elected members is to coincide with the term of Council ending on the day after the final election results.

Barker/Fulton Carried

10. Draft Health and Safety Management System Governance Charter

Document number R4947, agenda pages 66 - 91 refer.

Resolved CL/2015/136

THAT the report Draft Health and Safety Management System Governance Charter (R4947) and its attachments (A1448669, A1451891, A1394804 and A1455112) be received;

AND THAT this item lie on the table until a workshop has been held.

Her Worship the Mayor/Noonan Carried

11. External Appointee Remuneration for Subcommittee Involvement

Document number R4932, agenda pages 92 - 103 refer.

In response to a question, Chief Executive, Clare Hadley advised that the Office of the Auditor General was comfortable with external appointees being involved in meetings.

Resolved CL/2015/137

THAT the report External Appointee Remuneration for Subcommittee Involvement (R4932) and its attachments (A118115, A1137622 and A1103868) be received;

AND THAT Council confirms no change is required to the Selection, Appointment and Remuneration Policy for External Appointees on Council Committees.

Davy/Fulton Carried

12. Schedule of Council Meetings 2016

Document number R5121, agenda pages 104 - 117 refer.

There was general agreement the Council meeting for reporting back from representatives should be a more informal format.

Resolved CL/2015/138

THAT the report Schedule of Council Meetings 2016 (R5121) and its attachment (A1458547) be received;

AND THAT the schedule of meetings outlined in Attachment 1 (A1458547) be adopted.

McGurk/Copeland Carried

Attendance: The meeting adjourned for morning tea from 10.00am until 10.16am.

13. Administrative Matters Report

Document number R5134, agenda pages 118 - 119 refer.

Manager Administration, Penny Langley, presented the report.

The Chief Executive, Clare Hadley, advised that advice was being prepared to provide an update regarding the budget and work completed to date for the Trafalgar Centre.

Resolved CL/2015/139

THAT the report Administrative Matters Report (R5134) be received.

Davy/Her Worship the Mayor Carried

14. Rutherford Park - Roading and Parking Concept Plan

Document number R5079, agenda pages 53 - 61 refer.

Major Projects Engineer, Darryl Olverson, Parks and Facilities Asset Planner, Andrew Petheram, and External Consultant, Andrew Irving presented.

Mr Olverson gave a PowerPoint presentation (A1464063).

In response to questions, Mr Olverson said that option 2 had been recommended in the officer’s report due to fiscal reasons. He added that the feedback from the Urban Design Panel was that option 1 was the preferred design.

Concern was raised that there was insufficient parking close to the stadium and that trucks and buses would be unable to turnaround.

Attendance: Councillor Lawrey left the meeting at 10.37am.

In response to questions, Mr Petheram advised that existing trees would be retained where possible.

In response to a question, Mr Olverson advised that the southern end of the Trafalgar Centre provided adequate parking for three large vehicles. He added that the southern end could be expanded to the west to provide additional carparking if required.

Attendance: Councillor Lawrey returned to the meeting at 10.42am.

In response to a question, Mr Petheram said that he was not concerned about dangers from vehicles in relation to the position of the playground, as traffic would be moving very slowly.

Her Worship the Mayor, seconded by Councillor Ward moved a motion

THAT the report Rutherford Park - Roading and Parking Concept Plan (R5079) and its attachments (A1457554, A1457555 and A1451682) be received;

AND THAT the Rutherford Park – Option 1 Roading and Parking Concept Plan (A1451682) at an estimated cost of $2,905,000 (and noting the enhancements proposed by the Urban Design Panel reflected in document A1462199) be approved, noting this will take the total budget to $3,005,000;

AND THAT funding to come from the $2 million for roading, carparking and landscaping and $300,000 for walk/cycle connections budgeted in the Long Term Plan 2015/25

AND THAT up to $700,000 unbudgeted capital expenditure be approved to give effect to enhanced option 1 based on A1462199;

And THAT authority be delegated to the Mayor, Chair of Works and Infrastructure, Chair of Community Services or their Deputies and the Chief Executive (in alignment with the delegated authorities for the Trafalgar Centre project) to effect this.

There was concern raised about the $700,000 unbudgeted capital expenditure and whether other areas such as the playground should not be progressed. Mrs Hadley advised that unbudgeted expenditure could be recovered in the following financial year.

There was general support that option 1 was the best approach and would provide the best outcome.

A division was called:

Councillor Acland	Aye
Councillor Barker	Aye
Councillor Copeland	Aye
Councillor Davy	Aye
Councillor Fulton	Aye
Councillor Lawrey	Aye
Councillor Matheson	No
Councillor McGurk	Aye
Councillor Noonan	Aye
Councillor Rainey	Aye
Councillor Skinner	Aye
Councillor Ward	Aye
Her Worship the Mayor	Aye

The motion was passed, 12-1.

Resolved CL/2015/140

THAT the report Rutherford Park - Roading and Parking Concept Plan (R5079) and its attachments (A1457554, A1457555 and A1451682) be received;

AND THAT the Rutherford Park – Option 1 Roading and Parking Concept Plan (A1451682) at an estimated cost of $2,905,000 (and noting the enhancements proposed by the Urban Design Panel reflected in document A1462199) be approved, noting this will take the total budget to $3,005,000;

AND THAT funding to come from the $2 million for roading, carparking and landscaping and $300,000 for walk/cycle connections budgeted in the Long Term Plan 2015/25;

AND THAT up to $700,000 unbudgeted capital expenditure be approved to give effect to enhanced option 1 based on A1462199;

And THAT authority be delegated to the Mayor, Chair of Works and Infrastructure, Chair of Community Services or their Deputies and the Chief Executive (in alignment with the delegated authorities for the Trafalgar Centre project) to effect this.

Her Worship the Mayor/Ward Carried

Attachments

1 A1464063 - Rutherford Park Roading and Parking Concept Plan Presentation

15. Hearings Panel - Other

Document number R5140, agenda pages 120 - 125 refer.

15.1 21 September 2015

Document number A1431061

Resolved CL/2015/141

THAT the minutes of a meeting of the Hearings Panel - Other, held on 21 September 2015, be received.

Barker/McGurk Carried

15.2 19 October 2015

Document number A1447931

Resolved CL/2015/142

THAT the minutes of a meeting of the Hearings Panel - Other, held on 19 October 2015, be received.

Matheson/Acland Carried

15.3 5 November 2015

Document number A1455223

Resolved CL/2015/143

THAT the minutes of a meeting of the Hearings Panel - Other, held on 19 October 2015, be received.

McGurk/Matheson Carried

Reports From Committees

16. Regional Transport Committee - 16 October 2015

Document number M1537, agenda pages 126 - 130 refer.

Resolved CL/2015/144

THAT the unconfirmed minutes of a meeting of the Regional Transport Committee, held on 16 October 2015, be received.

Davy/Copeland Carried

17. Works and Infrastructure Committee - 22 October 2015

Document number M1543, agenda pages 131 - 137 refer.

Resolved CL/2015/145

THAT the unconfirmed minutes of a meeting of the Works and Infrastructure Committee, held on 22 October 2015, be received.

Davy/Lawrey Carried

17.1 Transportation Asset Management Plan 2015-25

Resolved CL/2015/146

THAT the Transportation Asset Management Plan 2015-25 (A1156705), amended to reflect the Long Term Plan 2015-25, be adopted.

Davy/Lawrey Carried

17.2 Greenmeadows Stormwater Easement Consent

Resolved CL/2015/147

THAT Council grant the Nelson City Council an easement pursuant to Section 48(1) of the Reserves Act 1977 under delegated authority from the Minister of Conservation, over Part Section 50 District of Suburban South defined on DP4585, as described in report (R4822).

Davy/Lawrey Carried

17.3 Solid Waste Asset Management Plan 2015-25

Resolved CL/2015/148

THAT the Solid Waste Asset Management Plan 2015-2025 (A1428146), amended to reflect the Long Term Plan 2015-25, be adopted.

Davy/Lawrey Carried

18. Planning and Regulatory Committee - 29 October 2015

Document number M1558, agenda pages 138 - 144 refer.

Resolved CL/2015/149

THAT the unconfirmed minutes of a meeting of the Planning and Regulatory Committee, held on 29 October 2015, be received.

McGurk/Fulton Carried

18.1 Draft Whakamahere Whakatu Nelson Plan - Woodburners and Air Quality

Resolved CL/2015/150

THAT a Plan change to alter the woodburner provisions of the Nelson Air Quality Plan is notified in January 2016;

AND THAT in respect of the plan change for the Air Quality Plan an independent hearing panel be decided by Her Worship the Mayor, the Chair and Deputy Chair of the Planning and Regulatory Committee and be given delegations to hear and make decisions on the Woodburner Plan Change.

McGurk/Fulton Carried

19. Joint Committee - 3 November 2015

Document number M1570, agenda pages 145 - 149 refer.

Resolved CL/2015/151

THAT the unconfirmed minutes of a meeting of the Joint Committee, held on 3 November 2015, be received.

Her Worship the Mayor/Ward Carried

20. Community Services Committee - 3 November 2015

Document number M1568, agenda pages 150 - 156 refer.

Resolved CL/2015/152

THAT the unconfirmed minutes of a meeting of the Community Services Committee, held on 3 November 2015, be received.

Rainey/Her Worship the Mayor Carried

20.1 Heritage Activity Management Plan 2015-25

Resolved CL/2015/153

THAT the Heritage Activity Management Plan 2015-2025 (A372602), amended to reflect the Long Term Plan 2015-25, be adopted.

Rainey/Her Worship the Mayor Carried

20.2 Parks and Reserves Asset Management Plan 2015-25

Resolved CL/2015/154

THAT the Parks and Reserves Asset Management Plan 2015-25 (A1225419), amended to reflect the Long Term Plan 2015-25, be adopted.

Rainey/Her Worship the Mayor Carried

20.3 Property and Facilities Asset Management Plan 2015-25

Resolved CL/2015/155

THAT the Property and Facilities Asset Management Plan 2015-25 (A1448986), amended to reflect the Long Term Plan 2015-2025, be adopted.

Rainey/Her Worship the Mayor Carried

20.4 Community Partnerships Activity Management Plan 2015-25

Resolved CL/2015/156

THAT the Community Partnerships Activity Management Plan 2015-2025 (A1236577), amended to reflect the Long Term Plan 2015-25, be adopted.

Rainey/Her Worship the Mayor Carried

21. Governance Committee - 5 November 2015

Document number M1580, agenda pages 157 - 163 refer.

Resolved CL/2015/157

THAT the unconfirmed minutes of a meeting of the Governance Committee, held on 5 November 2015, be received.

Barker/Acland Carried

21.1 Review of Nelson City Council’s Policy for Appointing Directors/Trustees of Council Controlled Organisations and Council Controlled Trading Organisations

Resolved CL/2015/158

THAT the reviewed and amended Nelson City Council Policy for the Appointment of Directors/Trustees of Council Controlled Organisations and Council Controlled Trading Organisations (A284857) be adopted.

Barker/Acland Carried

21.2 Service Level Reviews: Process, Criteria, Resourcing

Resolved CL/2015/159

THAT approval is given for the proposed approach (as detailed in R5014) to review all applicable services in order to comply with the requirements of Section 17A of the Local Government Act 2002;

AND THAT a quarterly report back on the progress of the review be prepared for the Governance Committee.

Barker/Acland Carried

21.3 Draft Asset Disposal Policy

Item from Audit, Risk and Finance Subcommittee meeting - 14/10/2015

Resolved CL/2015/160

THAT the Draft Asset Disposal Policy (A1412442) with amendments be approved;

AND THAT the Delegations Manual is updated to reflect the delegations in the Asset Disposal Policy.

Barker/Acland Carried

21.4 Draft Risk Management Framework

Item from Audit, Risk and Finance Subcommittee meeting - 14/10/2015

Resolved CL/2015/161

THAT the Draft Risk Management Framework (A1431591) with amendments be approved.

Barker/Acland Carried

21.5 Corporate Report to 31 August 2015

Item from Audit, Risk and Finance Subcommittee meeting - 14/10/2015

In response to a question, Chief Executive, Clare Hadley, confirmed that the upgrade of the Civic House verandah included the verandah on the front of the States Advances Building.

Resolved CL/2015/162

THAT $350,000 for the upgrade of the Civic House verandah be deferred until 2017/18;

AND THAT $200,000 for the upgrade of the Hunter Furniture roof be deferred until 2016/17.

Barker/Acland Carried

Attachments

1 A1460493 - Memo Clarification around future work on the Civic House Verandah

22. Chief Executive Employment Committee - 10 November 2015

Document number M1586, agenda pages 164 - 168 refer.

Resolved CL/2015/163

THAT the unconfirmed minutes of a meeting of the Chief Executive Employment Committee, held on 10 November 2015, be received.

Her Worship the Mayor/Matheson Carried

23. Exclusion of the Public

Resolved CL/2015/164

THAT the public be excluded from the following parts of the proceedings of this meeting.

Davy/Skinner Carried

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Council Meeting - Public Excluded Minutes - 15 October 2015	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. · Section 7(2)(g) To maintain legal professional privilege. · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). · Section 7(2)(b)(ii) To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. · Section 7(2)(c)(ii) To protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely otherwise to damage the public interest. · Section 7(2)(j) To prevent the disclosure or use of official information for improper gain or improper advantage.
2	Extraordinary Council Meeting - Public Excluded Minutes - 5 November 2015	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).
3	Request for Leave of Absence	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person
4	Status Report - Council - 19 November 2015	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
5	Nelson Events Fund application	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities
6	Appointment of Board Members to Economic Development Services Council Controlled Organisation	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person
7	Planning and Regulatory Committee Meeting - Public Excluded Minutes - 29 October 2015 These minutes contain a recommendation regarding an amendment to the Agreement for the Appointment of Harbourmaster for the Nelson Region	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).
8	Joint Committee Meeting - Public Excluded - 3 November 2015 These minutes do not contain a recommendation to Council	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).
9	Community Services Committee Meeting - Public Excluded Minutes - 3 November 2015 These minutes contain a recommendation regarding community leases	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person.
10	Governance Committee Meeting - Public Excluded Minutes - 5 November 2015 These minutes contain recommendations regarding: Nelmac Statement of Expectation 2016/17 Bishop Suter Trust Statement of Expectation 2016/17 Strategic Stoke Land Purchase	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person.
11	Chief Executive Employment Committee Meeting - Public Excluded Minutes - 10 November 2015 These minutes contain recommendations regarding: Chief Executive Performance Assessment 2014/15 Chief Executive Remuneration Review 2014/15	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. · Section 7(2)(c)(i) To protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Council Meeting - Public Excluded Minutes - 15 October 2015

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

· Section 7(2)(a)

To protect the privacy of natural persons, including that of a deceased person.

· Section 7(2)(g)

To maintain legal professional privilege.

· Section 7(2)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

· Section 7(2)(b)(ii)

· Section 7(2)(c)(ii)

· Section 7(2)(j)

To prevent the disclosure or use of official information for improper gain or improper advantage.

Extraordinary Council Meeting - Public Excluded Minutes - 5 November 2015

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

· Section 7(2)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

Request for Leave of Absence

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(a)

To protect the privacy of natural persons, including that of a deceased person

Status Report - Council - 19 November 2015

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(a)

To protect the privacy of natural persons, including that of a deceased person

· Section 7(2)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Nelson Events Fund application

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

Appointment of Board Members to Economic Development Services Council Controlled Organisation

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(a)

To protect the privacy of natural persons, including that of a deceased person

Planning and Regulatory Committee Meeting - Public Excluded Minutes - 29 October 2015

These minutes contain a recommendation regarding an amendment to the Agreement for the Appointment of Harbourmaster for the Nelson Region

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

· Section 7(2)(a)

To protect the privacy of natural persons, including that of a deceased person.

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

Joint Committee Meeting - Public Excluded - 3 November 2015

These minutes do not contain a recommendation to Council

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

· Section 7(2)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

Community Services Committee Meeting - Public Excluded Minutes - 3 November 2015

These minutes contain a recommendation regarding community leases

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

· Section 7(2)(a)

To protect the privacy of natural persons, including that of a deceased person.

Governance Committee Meeting - Public Excluded Minutes - 5 November 2015

These minutes contain recommendations regarding:

Nelmac Statement of Expectation 2016/17

Bishop Suter Trust Statement of Expectation 2016/17

Strategic Stoke Land Purchase

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

· Section 7(2)(a)

To protect the privacy of natural persons, including that of a deceased person.

Chief Executive Employment Committee Meeting - Public Excluded Minutes - 10 November 2015

These minutes contain recommendations regarding:

Chief Executive Performance Assessment 2014/15

Chief Executive Remuneration Review 2014/15

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

· Section 7(2)(a)

To protect the privacy of natural persons, including that of a deceased person.

· Section 7(2)(c)(i)

To protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

The meeting went into public excluded session at 11.42am and resumed in public session at 1.41pm.

10. Re-admittance of the Public

Resolved CL/2015/165

THAT the public be re-admitted to the meeting.

Rainey/Fulton Carried

There being no further business the meeting ended at 1.41pm.

Confirmed as a correct record of proceedings:

Chairperson Date

Minutes of a meeting of the Nelson City Council

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson

On Tuesday 24 November 2015, commencing at 9.00am

Present: Her Worship the Mayor R Reese (Chairperson), Councillors L Acland, I Barker, R Copeland, E Davy, M Lawrey, P Matheson (Deputy Mayor), B McGurk, G Noonan, T Skinner and M Ward

In Attendance: Chief Executive (C Hadley), Group Manager Community Services (C Ward), Senior Strategic Adviser (N McDonald), and Administration Adviser (S McLean)

Apologies: Councillors K Fulton and P Rainey for attendance, Councillors G Noonan and M Ward for lateness

Opening Prayer

Councillor Davy gave the opening prayer.

1. Apologies

Resolved CL/2015/108

THAT apologies be received and accepted from Councillors Fulton and Rainey for attendance, and Councillors Noonan and Ward for lateness.

Her Worship the Mayor/Matheson Carried

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

There were no updates to the Interests Register, and no interests with items on the agenda were declared.

4. Public Forum

There was no public forum.

5. Mayor's Report

There was no Mayor’s Report.

Attendance: Councillor Copeland joined the meeting at 9.03am.

6. Presentation from Tahunanui Beach Holiday Park

Councillor Davy, representative of Tahunanui Beach Holiday Park, introduced Marcel Fekkes, General Manager of Tahunanui Beach Holiday Park, Seddon Marshall, and Mark Hall from MSH Architects Ltd, who gave a presentation (A1463702) and tabled the 90 Years Campaign Strategy (A1470510).

Attendance: Councillor Skinner joined the meeting at 9.05am.

Mr Fekkes spoke about the present opportunity to upgrade the Tahunanui Beach Holiday Park.

Mr Hall presented the proposed upgrade and pointed out it would be undertaken in four stages. He said the intention was to create a high standard tourism destination focussed on the special character of the area. Mr Hall advised that neighbours and key stakeholders would be consulted, along with the wider community.

Attendance: Councillor Ward joined the meeting at 9.20am.

Mr Fekkes said the proposed revitalisation had been adopted by the Tahunanui Beach Holiday Park Board. He highlighted that the timing aligned with the Park’s 90^th anniversary in 2016. Councillor Davy added that the upgrade would be carried out within existing Park budgets.

There was discussion on seasonality of the Park and the competitive advantages it offered.

In response to questions, Mr Fekkes advised the number of semi-permanent houses was set under lease. He said important coastal remediation work had been completed, but there was still more work to be done. Mr Fekkes linked this work to the opportunities around the Great Taste Trail.

Attendance: Councillor Copeland left the meeting from 9.44am to 9.45am.

Attachments

1 A1463702 - Tahunanui Beach Holiday Park Proposal Powerpoint

2 A1470510 - Tahuna Beach Holiday Park 90 Years Campaign Strategy

Attendance: Councillor Barker left the meeting at 9.52am.

7. Council Representative Reporting on External Organisations

Document number R5153, agenda pages 3 - 7 refer.

7.1 Arts Council Nelson

Councillor Ward said Arts Council Nelson was working successfully at present.

Attendance: Councillor Barker returned to the meeting at 9.54am. Councillor Davy left the meeting from 9.55am to 9.56am.

Councillor Ward added the group was doing well financially and he was pleased with engagement of other councillors.

7.2 Broadgreen Society

Her Worship the Mayor advised the Broadgreen Society position was vacant.

7.3 Cawthron Institute Board

Her Worship the Mayor spoke about an upcoming lecture, the launch of the Cawthron Foundation and the possibility of a Thomas Cawthron walk.

7.4 Eelco Boswijk Civic Awards

Her Worship the Mayor reminded councillors to put forward names of people who could be acknowledged.

7.5 Nelson Tasman Business Trust

Councillor Copeland provided an update on the successful re-tender of the Nelson Tasman Business Trust mentoring service.

7.6 Nelson Tasman Mayoral Relief Trust

Her Worship the Mayor advised the Trust had not met as there had been no recent emergencies.

7.7 Safer Community Council

Councillor McGurk highlighted the Nelson Safer Community Council was one of the last in New Zealand since the Ministry of Justice withdrew funding. He spoke about programmes on youth access to alcohol and cyber safety.

Attendance: Councillor Noonan joined the meeting at 10.08am.

7.8 Sport Tasman Trust

Councillor Skinner spoke about the wide coverage of Sport Tasman Trust. He highlighted the Trust had won the contract for the Masters Games and it had been a successful event. Councillor Skinner added that the Nelson Sports Awards were soon to be held.

7.9 Talking Heads

Her Worship the Mayor advised that Talking Heads was working through a transition phase. The Chief Executive, Clare Hadley, added that relevant work was being undertaken through the Regional Intersectoral Forum.

7.10 Top of the South Scenic and Heritage Trails Trust

Her Worship the Mayor noted that follow up was required to establish the activity of the Trust, and she would contact Nelson Tasman Tourism regarding this.

7.11 Trustpower Community Awards

Councillor Barker provided an update about the Trustpower Community Awards.

7.12 Whakatu Marae

Her Worship the Mayor advised it had been a busy year for the Marae, and land transfer changes at the Kaumatua flats had commenced. She said the Committee members had a very hands on governance role.

Attendance: The meeting adjourned for morning tea from 10.23am to 10.40am.

7.13 Youth and Community Facilities Trust

Councillor Acland provided an update on the Youth and Community Facilities Trust. He spoke about the Truck, the Cactus programme, and the youth transition service for disengaged youth.

Councillor Acland highlighted that the loss of the Hub building had been of significant impact to the Trust, but the Trust was doing well at present.

It was suggested that Councillor Acland raise the potential of a relationship with Victory Boxing at the next Trust meeting. Councillor Noonan agreed to speak with Councillor Acland about the idea of lending clothes to youth for interviews.

Councillor Acland pointed out the potential conflict in making wider policy decisions while advocating for community groups. Her Worship the Mayor advised that work was being done by officers on appointments to organisations, which would be reported to councillors in due course.

7.14 Youth Nelson

Councillor Acland advised Youth Nelson was running well. In response to a question, Group Manager Community Services, Chris Ward, advised there was a community lease for Youth Nelson.

7.15 Community and Whanau Group

Councillor Noonan said the Community and Whanau Group was a good forum for information gathering, and welcomed other councillors to attend the monthly meetings.

7.16 Nelson Youth Council

Councillor Lawrey advised the Nelson Youth Council was very active, good at making submissions, and were involved in Council activities. He pointed out that not all local authorities had a youth council. Councillor Lawrey added that the induction for the 2016 Youth Council would be in early December.

7.17 Marina Users Group

Councillor Barker advised that Councillor Rainey and himself were not participating directly in meetings, but were aware of current matters through an email distribution list.

Attendance: Councillor Davy left the meeting from 11.06am to 11.08am.

7.18 Sustainability Forum

Councillor Ward provided an update on the Sustainability Forum, and suggested that having Council officers at the Forum would be useful. Councillor Lawrey highlighted the depth of knowledge on the Forum.

7.19 Nelson Biodiversity Forum

Councillor McGurk provided an update on the Nelson Biodiversity Forum, adding that Council officers did attend the Forum. He pointed out the Forum was a valuable asset for the Council to liaise with, and it was growing in attendance.

Attendance: Councillor Acland left the meeting at 11.16am.

There was discussion on the mineral belt area in Marsden Valley.

7.20 Connections

Her Worship the Mayor said Connections was focussed on youth employment and connecting youth with education.

Attendance: Councillor Lawrey left the meeting at 11.19am. Councillor Acland returned to the meeting at 11.20am, and left at 11.21am.

Her Worship the Mayor spoke about a recent workshop with the Mayor’s Taskforce for Jobs, and noted that Youth Councillors attended.

There was discussion on initiatives for youth, and schools promoting trades.

7.21 Positive Ageing Forum

Councillor Noonan provided an update on the Positive Ageing Forum.

7.22 Sister Cities

It was noted that a regular update was provided by the Coordinator, Gail Collingwood.

7.23 Tasman Bay Heritage Trust Appointments Committee

Councillor Ward advised the Committee had recently appointed three trustees to the Trust. He added there had been a lot of interest in the positions.

Attendance: Councillors Acland and Lawrey returned to the meeting at 11.25am

7.24 Waimea Water Augmentation Committee

Her Worship the Mayor said the Committee hadn’t met recently.

7.25 Community Action Youth and Drugs

Councillor McGurk advised the group met approximately once per quarter and acted as a reference group. He said they were active and looking at innovative ways to reduce drug and alcohol abuse.

7.26 Nelson Tasman Housing Forum

Councillor Ward advised the Forum had not met during this term of Council. He said he was hopeful the Developers Advisory Group would fulfil some of the Forum’s functions.

7.27 Waimea Inlet Forum

Councillor McGurk spoke about the activities of the Forum and said it worked closely with Tasman District Council.

7.28 Kotahitanga Hui

Her Worship the Mayor advised the next Kotahitanga Hui meeting would be on 10 December. She said there was ongoing discussion about the ideal focus and structure of the Kotahitanga Hui.

In response to a question, Mayor Reese advised Council was working through the process of appointing the Kaihautu role at Council.

Resolved CL/2015/110

THAT the reports from Council representatives on external organisations be noted.

Her Worship the Mayor/Skinner Carried

There being no further business the meeting ended at 11.35am.

Confirmed as a correct record of proceedings:

Chairperson Date

Council

17 December 2015

REPORT R5065

Housing Accord

1. Purpose of Report

1.1 To approve a number of Special Housing Areas for Her Worship the Mayor to recommend to the Minister of Building and Housing prior to the end of December 2015.

2. Delegations

2.1 No committee of Council has delegations for this piece of legislation and therefore the matter needs to be considered by full Council.

3. Recommendations

THAT the report Housing Accord (R5065)and its attachment (A1463097) be received;

AND THAT Council approve options 1 to 3, 5 to 7 and 9 to 11 as detailed in the attached Special Housing Area options analysis as potential Special Housing Areas (A1463097);

AND THAT Her Worship the Mayor recommend those potential areas to the Minister of Building and Housing for consideration as Special Housing Areas under the Housing Accord and Special Housing Areas Act 2013.

AND THAT officers report back on specified design controls which could be included in an expressions of interest process to dispose of Betts carpark (Pt Lot 2 DP 224).

4. Background

4.1 Nelson was added to schedule 1 of the Housing Accord and Special Housing Areas Act (HASHA) after being identified as having significant housing supply and affordability issues. The purpose of HASHA is to “Enhance housing affordability by facilitating an increase in land and housing supply in certain regions or districts identified as having housing supply and affordability issues” (s.4). Council entered into a Housing Accord with the Minister of Building and Housing on 11 June 2015 under HASHA.

4.2 The Nelson Housing Accord is an agreement between the Government and Council to work together to address housing supply issues in Nelson. There are no affordability targets in the Nelson Housing Accord. It seeks to ensure Council works collaboratively with developers to reduce barriers to achieving an increase in supply. The Accord also contains allotment and housing supply targets to measure Council’s progress in increasing supply.

4.3 Over the last four months targets for allotments have been met, however the number of building consents issued for new dwellings hasn’t.

Nelson Housing Accord: Progress against Year 1 Targets

November 2015

Supply

Year 1 Targets

Pro rata Targets

July-October 2015

4/12 months

Progress

July-October 2015

Yield of serviced residential lots (titled) from residential zoned land

100

Total dwellings

240

Data Sources: Yield of serviced residential lots (titled) from residential zoned land: LINZ Data Service, NZ Property Titles dataset, last updated 31 October. Total dwellings: Statistics NZ – Building Consents Issued, July-October.

4.4 In order to meet its obligations under the Housing Accord, especially in relation to targets, Council can consider using Special Housing Areas as a tool under HASHA. Under the Accord Council can recommend the creation of Special Housing Areas to the Minister of Building and Housing.

4.5 A Special Housing Area (SHA) is an area suitable for new housing where the more permissive consenting powers provided under HASHA are available. Under this process only adjoining property owners and infrastructure providers can be considered as affected parties, and there are no appeal rights for developments four storeys or less.

4.6 If the Government agrees, the recommended SHAs could be established by way of Order in Council, enabling Council to access the powers available under HASHA for consenting. Resource consents for developments in a SHA are considered under HASHA not the RMA. In assessing any resource consent sought under HASHA Council must have regard to the following matters, giving weight to them (greater to lesser) in the order listed(s 34):

(a) The purpose of HASHA:

(b) The matters in Part 2 of the RMA (purpose and principles):

(d) Section 104 to 104F of the RMA (standard consideration process for applications):

(e) NZ Urban Design Protocol.

4.7 Section 34 (2) also states that Council must not grant a resource consent unless it is satisfied that sufficient and appropriate infrastructure will be provided. While the conceptual nature of a development will be known at the time a SHA is considered, the finer details and assessment will be determined through the resource consent process that follows.

4.8 The Housing Accord and Special Housing Areas Act (HASHA) is to be repealed in September 2016. The Minister’s office has advised that if Nelson wishes to have any Special Housing Areas approved then this needs to be considered by Cabinet in February. This would then enable Council to receive applications for consent under HASHA from March until September 2016. If a resource consent application is not lodged prior to September 2016 then the SHA for the property lapses.

4.9 MBIE have advised that Cabinet will be considering a second cohort of SHAs from around the country in March, after that they can be considered on a case by case basis until 16 September 2016. The consideration process is time consuming and given the repeal date of HASHA any delay in getting SHAs approved will shorten the small window within which developers can submit an application for consent.

5. Discussion

5.1 Officers have been in contact with the Developers Advisory Group, Iwi Authorities and local developers seeking expressions of interest for sites that could be considered for a SHA. Council also released a media statement that was picked up by the Nelson Mail seeking any further interest. These approaches have resulted in twelve possible options for sites, including one Council owned property. Of these sites officers recommend that ten are suitable and one is unsupported. One other area unsupported by officers has been withdrawn during the evaluation process.

5.2 Establishment of SHAs is enabling but does not guarantee an increase in allotments or housing. HASHA provides limited guidance by way of specified criteria on what matters Council should consider when deciding whether to make a recommendation or not to the Minister on potential SHAs. The only matters that need to be satisfied are that infrastructure to support the development exists or can be provided, and that there is housing demand. In the case where infrastructure does not exist and is not a project in the Long Term Plan, the developer will be responsible for providing it. Officers have also considered the alignment of the SHAs with the NRMP in making the recommendations. What is clear is that HASHA is primarily concerned about enabling more housing supply.

5.3 If any recommended SHA’s are approved by Cabinet the Council can expect resource consent applications to be submitted for consideration under HASHA between March and September 2016. These will be processed by the resource consents department unless there are any submissions from adjoining property owners determined to be affected. If submitters wish to be heard then there will need to be a hearing and appointment of Commissioner(s).

5.4 Option 5, Betts Carpark is for a site owned by Council. This is an opportunity for Council to lead and stimulate some residential activity in the city centre. The Property Asset Review indicated a desire to sell the site subject to specifying some design controls at the time of sale. Council could choose to dispose of the site as a SHA subject to conditions regarding suitable design to ensure it fulfils Councils strategic outcomes of providing greater opportunities for inner city living, quality urban design and enhancing the vitality of the city.

5.5 Should Council wish to take advantage of the SHA process for Betts carpark then disposal of the property would need to be considered early next year. Officers recommend that a report is brought to Council in early 2016 on specified design controls which could be included in an expression of interest process to dispose of Betts carpark. This would then allow sufficient time for Council to receive and consider expressions of interest and for any selected applicant to submit a resource consent application prior to HASHA being repealed in September 2016.

6. Options

6.1 The options for SHAs detailed in the options analysis (Attachment 1) are summarised below along with an officer recommendation as to whether they would be suitable and meet the requirements of HASHA:

Option	Name	Recommendation
1	Toi Toi	suitable
2	Bishopdale Pottery	suitable
3	Ocean Lodge	suitable
4	Nelson South	suitable subject to master plan approach.
5	Betts carpark	suitable
6	Three Ridges	suitable
7	Barcelona Lofts	suitable
8	Horoirangi	unsupported
9	Paru Paru Road	suitable
10	Tahuna Housing Development	suitable
11	Orchard Street	suitable

6.2 The criteria used to evaluate suitability and each sites assessment are detailed in Attachment 1 along with a map identifying each area. The criteria include the HASHA requirements that need to be satisfied (adequate infrastructure and demand for residential housing), consistency with the Accord, and alignment with the Nelson Resource Management Plan.

6.3 Some sites already have sufficient infrastructure connections. Other sites require additional connection and/or capacity to be provided. Where this isn’t already a project in the LTP the necessary infrastructure will need to be provided by the developer. The SHA’s will not result in any additional infrastructure costs on Council with the exception of Option 1 Toi Toi where the developer seeks a legal agreement for Council to part contribute to the Princes Drive Montreal Road intersection. A report on the legal agreement request will come to Works and Infrastructure in the New Year.

6.4 Options 5 Betts Carpark, 7 Barcelona Heights and 9 Paru Paru Road align with Councils strategic direction in terms of enabling city living opportunities. Option 1 Toi Toi also aligns with Councils strategic outcomes as it enables a housing supply of 200 that is well connected to the city and offers a range of housing choice.

6.5 Option 8 Horoirangi does not have adequate infrastructure to support its development, is subject to a high hazard risk and is not supported by the Nelson Resource Management Plan.

6.6 Option 4 Nelson South offers a housing supply of 300 but is not supported by the Regional Policy Statement or the Nelson Resource Management Plan. Option 4 comprises land that:

(a) is currently zoned Rural

(b) is located on the urban periphery directly adjoining Plan Change 18.

(c) despite its rural zoning the overall area has been subject to substantial residential development over the last 15 years challenging whether the current policy framework is still relevant.

(d) would satisfy demand for a flat to gently sloping range of residential sections close to shops, schools and amenities.

(e) would likely enable the creation of a roading link by the developer through to Suffolk Road which would benefit the wider community, including Stoke centre.

6.7 As there are multiple landowners in Option 4 Nelson South officers recommend that if Council considers this area as suitable then it should be conditional upon a master planning exercise being completed by the landowners to ensure acceptable roading, services and open space connectivity prior to consent applications being accepted.

Risk

6.8 If Council decides not to propose any SHA’s, and Accord targets have not been met, then Council would not be fulfilling its responsibilities under the Accord. The Minister may then have grounds to terminate the Accord. HASHA includes a process that follows after an Accord is terminated. Given this process takes 6 months and the Act is due to be repealed in September 2016 it is considered that this is a low risk.

7. Alignment with relevant Council policy

7.1 This matter is not in contradiction with any Council policy or strategic document. Two of the options for SHAs considered in this report are not consistent with operative direction in the Regional Policy Statement or Nelson Resource Management Plan; however this direction is under review as part of the Nelson Plan and will need to be updated given development patterns that have occurred over the last 18 years the RPS has been operative.

8. Assessment of Significance against the Council’s Significance and Engagement Policy

8.1 This matter is not significant in terms of Council’s Significance and Engagement Policy.

9. Consultation

9.1 The public have not been consulted on this matter. HASHA does not require that any consultation is undertaken in identifying SHAs. Time has not allowed for specific community consultation on the location of potential SHAs. Notification of adjacent landowners may occur when resource consents relating to qualifying developments are considered.

9.2 Officers have consulted with the Ministry of Education and NZ Transport Authority in relation to the potential SHA’s. Formal responses have not been received at the time of writing this report.

10. Inclusion of Māori in the decision making process

10.1 Iwi authorities have been contacted, but Maori have not been consulted on this matter.

11. Conclusion

11.1 The Housing Accord and Special Housing Areas Act (HASHA) is to be repealed in September 2016. The Minister’s office has advised that if Nelson wishes to have any Special Housing Areas (SHAs) approved then this can be considered by Cabinet in February 2016.

11.2 Officers have been working with developers and their representatives to prepare potential SHA’s for consideration by Council. Officers have received expressions of interest for 12 potential SHAs (one was subsequently withdrawn) and recommend that options 1 to 3, 5 to 7 and 9 to 11 be considered for approval to be recommended to the Minister for further evaluation.

11.3 Option 4 Nelson South is recommended as suitable under HASHA subject to a master planning exercise being completed prior to any resource consent applications being lodged.

11.4 Option 5 Betts Carpark is a site owned by Council and is an opportunity for Council to lead and stimulate desired residential development in the central city and assist with achieving strategic outcomes.

Lisa Gibellini

Senior Planning Adviser

Attachments

Attachment 1: Special Housing Area Potential Areas Analysis

Nelson City Housing Accord – Special Housing Area

Option 8 - Horoirangi

Recommendation	Unsupported – flooding and inundation issues unlikely to be resolved within timeframe of HASHA.
SHA Name	Horoirangi
Address	307 Wakapuaka Road, Pt Lot 1 DP 15689, Lot 2 DP 7185, Lot 2 DP 20099
Approximate size	64ha, area for residential development 15-20ha
Landowner	Wakatu Incorporation
Developer	Wahanga 2011 Ltd
SHA request received	Iain Sheves, Wakatu Incorporation
Brownfield/Greenfield	Greenfield
Approximate yield	200 units

Qualifying Development Criteria

· Maximum number of storeys that building may have: 2

· Maximum calculated height that building must not exceed: 10

· Minimum dwelling or residential site capacity: 150

Criteria	Summary	Notes
Consistent with Nelson City Housing Accord	yes	The area will contribute to the diversity of the housing stock and typology, thereby contributing to the Housing Accords aim of improving housing supply and affordability
Alignment with the District Plan	No	The area is currently zoned rural and is within the flood overlay and known to be subject to inundation from sea water. Residential development of this site is contrary to the NRMP, and unlikely to be provided for through the Nelson Plan review.
Infrastructure availability/readiness, including available capacity	No	The site does not currently have suitable wastewater, water or stromwater infrastructure to support development. NZTA have raised some concern with access of the State Highway network.
Landowner views	yes	Supportive of SHA
Demand to build	yes	There is ongoing demand to build.
Demand for housing	yes	There is ongoing demand for housing.

Other Comments	Unlikely to resolve flooding and infrastructure supply constraints before HASHA is repealed.
Reasons for using SHA process	None as not suitable for residential development
Planning history	The site is currently grazed rural land and is subject to periodic inundation from stormwater and coastal inundation. Recent modelling shows that the area will be inundated from sea level rise by 2065. The Nelson Plan review is assessing the viability of continued rural or other land uses at this site given the flooding an coastal inundation.

Reviewed by:	Shane Overend and Sue McAuley
Site Visit
Transport
Stormwater
Waste water/water

Nelson City Housing Accord – Special Housing Area

Option 9 – Paru Paru Road

Recommendation	suitable
SHA Name	Paru Paru Road
Address	16 Paru Paru Road
Approximate size	0.2985ha
Landowner	Wakatu Incorporation
Developer	Wahanga Ltd
SHA request received	Iain Sheves, Wakatu Incorporation
Brownfield/Greenfield	Brownfield
Approximate yield	40 units

Qualifying Development Criteria

· Maximum number of storeys that building may have: 4

· Maximum calculated height that building must not exceed: 20m

· Minimum dwelling or residential site capacity: 30

Criteria	Summary	Notes
Consistent with Nelson City Housing Accord	yes	The area will contribute to the diversity of the housing stock and typology, thereby contributing to the Housing Accords aim of improving housing supply and affordability.
Alignment with the District Plan	yes	The site is in the city fringe which provides for residential development up to 12m in height. The Nelson Plan review seeks to encourage city residential living opportunities as part of creating a vibrant city centre.
Infrastructure availability/readiness, including available capacity	yes	The area has suitable provision for infrastructure to support development. All internal infrastructure will be provided by the developer in accordance with the NCC Land Development Manual 2010.
Landowner views	yes	Supportive of SHA
Demand to build	yes	There is on gong demand to build.
Demand for housing	yes	There is ongoing demand for housing.

Other Comments	The site is subject to inundation from Maitai river flooding and coastal inundation due to SLR, and HAIL.
Reasons for using SHA process	To further incentivise development in the city centre.
Planning history	The site has a low quality existing building, adjoins the Maitai walkway and is in an area where Council wishes to encourage greater development in order to lever a more vibrant city centre.

Reviewed by:	Shane Overend and Sue McAuley
Site Visit
Transport
Stormwater
Waste water/water

Council

17 December 2015

REPORT R5193

Proposed Change A3 to the Nelson Air Quality Plan - Amendments to Woodburner Provisions

1. Purpose of Report

1.1. To consider options and approve the notification, in January 2016, of Proposed Change A3 to the Nelson Air Quality Plan (NAQP) – amendments to woodburner provisions (‘the Woodburner Plan Change’ or ‘PC A3’) and section 32 report.

2. Executive Summary

2.1 The Nelson Air Quality Plan (notified in 2003) banned open fires from 2008 and woodburners from 2010. Air quality has improved markedly in Nelson over this period. Councillors sought advice on whether any relaxation of the rules was possible and noted that this matter should be handled with care.

2.2 A significant amount of work has been undertaken by Council throughout 2014 and 2015 to carefully consider the implications of increasing the number of woodburners across Nelson. The drivers for considering increasing woodburners were a result of a prohibitive rule in the current Plan.

2.3 As a result of this work, Council directed officers to undertake a discrete woodburner plan change as quickly as possible so decisions could be released before winter 2016.

2.4 The plan change is Council’s short term response to community concern regarding the prohibition of woodburners. There will be a fuller review of the air provisions through the Nelson Plan programme. Plan Change A3 to the Nelson Air Quality Plan is an interim step to provide greater flexibility in some airsheds.

2.5 The plan change, as drafted, strikes a balance between providing for woodburners in two airsheds, whilst achieving good air quality and meeting Council’s statutory requirements.

2.6 It is recommended that a plan change be notified which: (a) recognises the current policy approach of continuing on a path of improving air quality as outlined in the current Nelson Air Quality Plan; (b) provides for Ultra Low Emission Burning woodburners (ULEBs) and other technology which meet an emission limit only; and (c) focuses on a behaviour change programme rather than phasing out old burners. The proposed plan change achieves the following:

· Removes the prohibition of ULEBs in Nelson generally and makes a specific allowance for up to 1600 ULEBs across Airsheds B2 (Stoke) and C (Brook to Atawhai) once the plan change is operative.

· Allows for additional ULEBs to be included in the future where monitoring indicates there is capacity.

· Introduces a behaviour change approach rather than requiring owners of existing approved woodburners to remove their burners.

· Allowing for ULEBs is likely to meet projected demand within Airsheds B2 and C, particularly given that their cost is projected to reduce in the short term.

· Current NAQP policies allow for new technology, such as ULEBs, that consistently achieve a lower emission rate than NES compliant burners.

· The approach allows any woodburners and other devices that achieve an emission limit rather than allowing only certain appliances.

· The approach of relying on behaviour change will result in the cleanest air and represents the least cost to society as a whole.

· The plan change required is relatively simple, and is the least likely to be subject to challenge for not meeting the purpose and principles and consultation requirements of the Resource Management Act.

· It allows for a wider review (including airshed boundaries) to occur as part of the Nelson Plan development when further information, including central government direction on the National Environmental Standard for Air Quality, is known.

3. Delegations

3.1 On 29 October 2015, the Planning and Regulatory Committee referred the Woodburner Plan Change provisions and notification decision to Council for consideration in December 2015.

4. Recommendation

AND THAT the Woodburner Plan Change (PCA3) and section 32 report be approved for notification on 16 January 2016;

AND THAT the Mayor, Planning and Regulatory Committee Chair and Chief Executive be delegated authority to make further minor changes following the Council meeting to enable notification on 16 January 2016.

5. Background

5.1 The current Nelson Air Quality Plan prohibits woodburners. This prohibition was signalled in 2003 with woodburners progressively phased out from 2010.

5.2 In 2013 Council requested officers to examine if there was potential to review the current NAQP approach. Council has undertaken a significant amount of work over the last two years to carefully consider the potential for allowing additional woodburners in Nelson’s airsheds (refer to figure 1 of Attachment 3 for a map of the airsheds).

5.3 Council’s specific engagement on the Nelson Air Quality Plan’s woodburner rules has included public meetings in March and July 2015, Iwi Working Group meetings in October and November 2015, and targeted meetings with interested parties and industry groups from April through to October 2015. This engagement is summarised in section 10 of this report and in the section 32 report (refer Attachment 3).

5.4 Community feedback sasked Council to consider a range of options to enable households to use woodburners in situations where they are currently prohibited, with an emphasis on delivering decisions before winter 2016.

5.5 These options included allowing ULEBs, emission control technology, education to reduce smoke emissions (enhanced behaviour change), enforcement of smoky fires, tradable rights to install a woodburner, and a point of sale phase out of older fires.

5.6 In response to community feedback the Council resolved to undertake a woodburner plan change so that decisions could be released by June 2016 (i.e. before winter). Broader air quality matters, including the location of air shed boundaries, will be considered as part of the wider Nelson Plan review in early 2017. There have been improvements in air quality, particularly in two airsheds. In initiating the plan change, Council seeks to be prudent and to manage air quality carefully and appropriately.

5.7 Council considered three key options for the woodburner plan change in detail at a Council workshop on 17 November. Presentations were also provided on the technical work summarised in section 6 below. Officers have used Councillor feedback to inform the option analysis outlined in this report.

5.8 The draft plan change and a cost-benefit analysis of the options considered (Section 32 report) are provided, as attachments 2 and 3 to this report.

5.9 Consideration of the options has also been informed by the following reports:

· Urban Airshed Modelling – Dispersion of PM10 - Golders(Attachment 4)

· Air Quality Management in Nelson – Modelling of Additional Scenarios – 2015 – Environet (Attachment 5)

· Potential Impacts of Management Options - Heating, household and Fuel Poverty Data for Nelson – 2014 Environet (Attachment 6)

· Assessment of Air Quality Options – Market Economics (Attachment 7)

6. Discussion

6.1 The proposed Plan Change A3 has involved much work.

6.2 Work undertaken in 2014 and 2015 includes an air emission inventory, an assessment of health effects and capacity across Nelson’s Airsheds to accommodate additional woodburners.

6.3 A list of reports considered at a Woodburner Working Group, Planning and Regulatory Committee and Council meetings are listed below and are available on Council’s website:

· Health and Air Pollution in Nelson – Outputs from HAPINZ and Evaluation of Impact Changes From 2001 to 2013

· Assessment of Trends in PM10 Concentrations in Airshed A and Evaluation of Airshed Capacity

· Nelson Air Emission Inventory – 2014

· Nelson-Richmond Air Quality Modelling, Calpull Model.

6.4 Reports, that built on 2014 reports, were commissioned in 2015 to inform the development of the Plan Change A3. The key findings of these reports are included as Attachment 1.

6.5 Overall these 2015 reports signal that:

· Dispersion between airsheds is significantly lower than originally anticipated.

· There is currently additional capacity for woodburners in Airshed B2 (Stoke) and C (Brook/Atawhai), but none in Airshed A (Victory) and Airshed B1 (Tahunanui).

· Since the introduction of the NAQP there are fewer woodburners in Nelson and there are fewer people living in colder homes.

· Out of all the options considered, implementing an enhanced behaviour change programme would result in the greatest benefits for the least cost.

7. Options

7.1 Three principal policy options have been considered:

· Option 1 – Continue seeking to improve air quality as outlined in the current Air Plan.

· Option 2 – Maintain air quality at current levels.

· Option 3 – Achieve compliance with NES levels.

7.2 The advantages and disadvantages of each option are shown in the following table and described in section 3 of the Section 32 analysis (refer Attachment 3).

Option	Advantages	Disadvantages
Option 1	Highest air quality Favourable cost-benefit ratio Low intervention, time-efficient plan change Minimum exposure to RMA risk	Lowest burner allocation No capacity for two airsheds
Option 2	1.7x more burners than Option 1 without phase out of older woodburners 3x more burners than Option 1 with phase out	Low intervention, time-efficient plan change No capacity for burners in two airsheds Moderate exposure to RMA risk
Option 3	Higher burner allocation Potential capacity for burners in all four airsheds – subject to phase out of burners and behaviour change.	Least favourable air quality outcome Least favourable cost-benefit ratio High intervention, time-hungry plan change Highest exposure to RMA risk

7.3 Option 1 is the preferred option for the following reasons:

· It would result in the highest air quality and represents the least cost to society as a whole.

· The plan change required is relatively simple, and best meets the consultation requirements, purpose and principles of the Resource Management Act (sustainable management of natural resources that enables people to provide for their social and economic wellbeing and their health and safety while safeguarding the life supporting capacity of air).

· A wider plan change (option 2 or 3) would pre-empt future changes to the NES and risk not meeting the consultation requirements of the RMA as the current policy approach would need to be altered which effects a wider range of activities and people than have currently been considered.

· The proposed plan change is the most cost effective option, as outlined in the section 32 report (Attachment 3) and the economic analysis (Attachment 7).

7.4 It is the most efficient, effective and appropriate response to present and anticipated future circumstances which are the tests set under the Resource Management Act, the requirements of the current National Environmental Standard for Air Quality (NES).

7.5 Option 1 would allow for an additional 1000 ULEBs (or 220 NES Compliant Burners) in Airshed B2 and 600 ULEBs (or 130 NES burners) in Airshed C with a 10% reduction in emissions from a behaviour change programme.

7.6 Two hundred additional ULEBs (bringing the total to 1200) could be provided for in Airshed A, but this would require phase out of 200 pre 2004 woodburners, a 10% emission reduction as a result of behaviour change, and a 2% reduction in emissions from airshed B2 and C. This option is not considered appropriate given there is no net gain in the number of burners.

7.7 Currently there are 7770 households in Airsheds B2 and C. Option 1 would allow 1600 households to install ULEBs. A plan change to facilitate these changes would also require a behaviour change programme.

7.8 It is proposed to permit ULEBs and other technology that meet an emission limit rather than NES compliant woodburners in Airsheds B2 and C for the following reasons:

· Allowing ULEB’s is more likely to cater for anticipated demand.

· Allowing new technology such as ULEBs more closely aligns with the current policy approach outlined in the Air Quality Plan.

· The cost of ULEBs is projected to decrease in the short term.

· Setting an emission limit will allow for new technology advances.

· ULEB real life emissions are more predictable than NES burners.

8. Summary of potential plan amendments

8.1 The proposed plan change (see Attachment 2) would permit 1600 ULEBs across Airshed B2 and C but none in Airsheds A and B1 as outlined in section 8.2. It would be a non-complying activity to exceed these limits where Council monitoring/modelling information does not indicate additional capacity. It would be a permitted activity to exceed these limits in the future where Council monitoring/modelling information indicates future capacity as long as this is authorised by Council. ULEBs are defined not by type but by an emission standard. This enables any fire or device, able to meet the standard, to be installed.

8.2 The plan change would need to be supported by a behaviour change and monitoring/modelling programme as outlined in Attachment 9. The proposed rules are summarised below:

Rules (by Airshed)

Airshed A + B1:

- ULEB will be a non-complying activity. No ULEBs authorised except where monitoring and modelling identifies capacity is available to do so and a certificate is granted by Council.

Airsheds B2 + C:

- 1000 ULEB will be permitted in B2.

- 600 ULEB will be permitted in C.

- ULEBs in excess of the numbers above are authorised where monitoring and modelling identifies capacity is available to do so and a certificate is granted by Council.

8.3 Definition

Introduce a new definition that provides for ULEB appliances (including ultra low emission burners and emission control technology) that meet emission and efficiency limits.

9. Alignment with relevant Council policy

9.1 The draft plan change is aligned with the Nelson Regional Policy Statement and Nelson Air Quality Plan objectives which seek improvements in Nelson’s ambient air quality.

10. Assessment of Significance against the Council’s Significance and Engagement Policy

10.1 This matter is considered under the Resource Management Act rather than the Local Government Act, so it is not assessed under Council’s Significance and Engagement Policy.

10.2 The engagement processes required for this plan change are set out in Schedule 1 of the Resource Management Act, and are outlined below.

11. Consultation

11.1 There will be an opportunity to make submissions and further submissions on the proposed plan change. An independent hearing panel will consider all submissions and make decisions. An indicative timeline for this process is shown below.

Woodburner plan change timeline – from notification to decision:

Date	Event
16 January	Notification of the plan change
17 February	Submission period closes
5 March	Public notice of submissions
18 March	Further submission period closes
April/early May	Hearing (followed by decisions on submissions)
May/early June	Notification of Commissioners’ decision
June/July	Appeals

11.2 In addition, Clause 3 of Schedule 1 of the Resource Management Act requires the Council to consult with the following people during the preparation of the plan change:

· The Minister for the Environment

· Those other ministers of the Crown who may be affected by the plan change, local authorities who may also be affected.

· Tangata whenua of the area who may be so affected, through Iwi authorities.

11.3 The Council contacted the Ministry for the Environment, the Ministry of Health and the Ministry of Transport (and the New Zealand Transport Agency) in October 2015, and no comments have been received by these parties.

11.4 Discussions with Tasman District Council officers were held on 3 December. They have no position on the proposed plan change but will maintain a watching brief. Marlborough District Council has been advised of the upcoming plan change.

11.5 Council officers have been meeting with an Iwi Working Group throughout 2015. Air quality and the proposed Woodburner Plan Change were discussed on 5 October and 16 November 2015. Feedback from the Iwi Working Group included a preference for Option 1. They emphasised the importance of maintaining improvements in overall air quality. They also support any opportunities to work with council and other interest groups to enhance burner accessibility for people with health issues or low incomes.

11.6 Clause 3 of Schedule 1 of the Resource Management Act also provides for consultation with anyone else. The feedback received from engagement and used to inform the proposed plan change is outlined in the section 32 report (Attachment 3). In summary, people sought:

· More choice in future about how they heat their homes, including the ability to install woodburners

· Recognition of new technology with lower emissions

· Behaviour change initiatives around the use of wet wood and operation of fires to manage emissions

· Good air quality

· Access to woodburners for people who need them most.

12. Inclusion of Māori in the decision making process

12.1 Consultation with Iwi is outlined in section 11 of this report. No specific consultation with Māori outside that identified in section 11 has been undertaken.

13. Conclusion

13.1 The Plan Change (PCA3) is the response to Council direction to reconsider the prohibition of woodburners. The plan change, as drafted, strikes a balance between providing for woodburners, whilst achieving good air quality and meeting Council’s statutory requirements.

13.2 There will be a fuller review of the air provisions as part of the Nelson Plan. Plan Change A3 to the Nelson Air Quality Plan is a sound interim step to provide greater flexibility in airshed B1 and C in terms of permitting ULEBs and altering activity status for ULEBs in airsheds A and B1.

Matt Heale

Manager Planning

Attachments

Attachment 1: A1473707 - Key Findings from 2015 Reports - Air Quality (Circulated separately)

Attachment 2: A1472293 - Proposed Changes - Plan Change 3, Nelson Air Quality Plan (Circulated separately)

Attachment 3: A1472304 - Section 32 Evaluation - Proposed Changes to NAQP Woodburner Provisions (Circulated separately)

Attachment 4: A1469510 - Urban Airshed Modelling - Dispersion of PM10 (Circulated separately)

Attachment 5: A1469489 - Air Quality Management in Nelson - Modelling of Additional Scenarios, 2015 (Circulated separately)

Attachment 6: A1472174 - Potential Impacts of Management Issues - Heating, Household and Fuel Poverty Data for Nelson - 2014 (Circulated separately)

Attachment 7: A1469497 - Assessment of Air Quality Options (Circulated separately)

Attachment 8: A1469511 - Summary of Additional Scenarios Report (Circulated separately)

Attachment 9: A1469503 - Draft Behaviour Change and Monitoring-Modelling Programme (Circulated separately)

Council

17 December 2015

REPORT R5249

Stoke Urban Design Strategy Update

1. Purpose of Report

1.1 To provide an update regarding the Stoke Urban Design Strategy.

2. Delegations

2.1 As the areas of responsibilities spread across a number of Committees, this is a matter for Council.

3. Recommendation

THAT the report Stoke Urban Design Strategy Update (R5249) be received.

4. Background

4.1 The Stoke Urban Design Strategy has been discussed at a number of workshops.

4.2 It was indicated at these workshops that a report would be presented to Council on 17 December 2015 in relation to the Stoke Urban Design Strategy.

5. Discussion

5.1 Council officers have now received a draft of the Stoke Urban Design Strategy from consultant John Tocker, of Jerram Tocker Barron.

5.2 Officers now need to consider the draft Stoke Urban Design Strategy and its alignment with the Annual Plan 2016/17.

5.3 It is proposed that a Council workshop be held early 2016 to allow John Tocker to present his work and to provide Councillors with an opportunity to discuss options and the prioritisation of projects in the draft Stoke Urban Design Strategy, prior to a report being presented to Council.

6. Alignment with relevant Council policy

6.1 This matter is not in contradiction to any Council policy or strategic document.

7. Assessment of Significance against the Council’s Significance and Engagement Policy

7.1 This decision is not considered to be significant in terms of Council’s Significance and Engagement Policy

8. Consultation

8.1 No consultation has been undertaken on this matter.

9. Inclusion of Māori in the decision making process

9.1 Māori have not been consulted on this matter.

Shanine Hermsen

Manager Community Partnerships

Attachments

Nil

Council

17 December 2015

REPORT R5240

Events Strategy: Proposal to Align Development with Regional Identity Project

1. Purpose of Report

1.1 To consider delaying development of the Events Strategy in order to integrate it with the regional identity work to be undertaken by the new economic development agency.

2. Delegations

2.1 As this is a cross portfolio item (Governance and Community Services) it is being brought to Council for consideration.

3. Recommendation

THAT the report Events Strategy: Proposal to Align Development with Regional Identity Project (R5240) be received;

AND THAT development of the Nelson City Council Events Strategy be delayed until 2016 to better align with work on regional identity by the new economic development agency;

4. Background

4.1 At its meeting on 15 October Council resolved:

4.2 AND THAT the draft Terms of Reference (A1413546) for the review of the Events Strategy be approved

4.3 The Terms of Reference sought a consultant to develop a Strategy to both stimulate the local economy through a range of events bringing visitors to Nelson and to encourage a sense of community identity and belonging through events with a more local focus. Timing requirements were for delivery of key findings by 9 February 2016 and final draft Strategy by the end of March.

4.4 Officers prepared a Request for Proposal and were part way through the process of appointing a consultant when the Chair of the Economic Development Services Transition Group, John Palmer, raised concerns with staff about the process and how it might align with the establishment process of the new economic development services CCO.

4.5 The Transition Group had identified that developing a strong, unique regional identity should be a key focus for the new entity, that events were seen as being part of that identity, and that responsibility for attracting events should also sit within the new CCO.

4.6 Officers met with the Mayor and the Chair of Community Services to discuss and, whilst it was recognised that there was a desire to progress the Events Strategy as quickly as possible, all agreed that delaying the Strategy development until the new CCO was established and the regional identity project has been progressed would deliver the best outcomes.

5. Discussion

5.1 The development of the Events Strategy was due to begin in 2014, but has been delayed due to other priorities. There was interest in Council progressing this work expressed through the LTP consultation.

5.2 There are clear benefits to aligning the development of the Events Strategy with the regional identity project and to enable the new CCO to participate in the development of the strategy.

5.3 The development of the Strategy could occur in parallel with the regional identity project to allow close integration of the two. This has been identified as a priority for the new CCO, and work will commence in 2016.

5.4 Another advantage of deferring the work some months is that it would allow a wider choice of consultants for the work. Although there was interest in the project from a number of firms the timing, with work needing to occur over December/January for a March delivery, was difficult for many and resulted in fewer proposals than officers would have liked. A project aiming to complete by the end of 2016 would reduce scheduling pressures and likely attract a higher number of proposals.

5.5 One matter that would have to be considered if there is a delay is the decision during Long Term Plan 2015-25 deliberations to relax the criteria for the Events Fund for one year to allow community events to apply. A number of submissions had been received from events wanting funding, some of which might have hoped to receive Community Assistance funding under the previous rules. Council’s aim in relaxing the criteria was to provide an avenue to seek funding for community events such as the Kite Festival or Fringe Festival in the interim while the Strategy was developed.

5.6 Council has signalled the importance of attracting events to the Trafalgar Centre following its re-opening in 2016. Council may wish to indicate to the Events Management Committee that such events should be encouraged to apply for funding, providing other criteria are also met.

5.7 If the Strategy is not to be completed this financial year then an interim arrangement will need to be found. The simplest solution would seem to be to extend the current arrangement with the Events Fund until the Strategy is complete.

6. Options

6.1 Council has the option of continuing with the Events Strategy development and choosing not to integrate this work with the regional identity project. The advantage of this option is that it will allow early completion of this piece of work. However, the Strategy would not be aligned with the regional identity project, and the project will not meet the timelines in the Terms of Reference, due to the need for this report.

6.2 Alternatively Council has the option of delaying the Strategy development so that it can integrate with the work of the new CCO on regional identity. Additional advantages are that it would widen the choice of consultants to undertake the work and enable involvement of the new Council is approving the Strategy. This is a further delay in a piece of work that has already been delayed for some time due to resourcing constraints.

7. Alignment with relevant Council policy

7.1 Development of the Events Strategy supports both economic and community wellbeing strands of the Community Outcomes in the Long Term Plan 2015-25, in particular that “our communities have opportunities to celebrate and explore their heritage, identity and creativity” and that “our region is supported by an innovative and sustainable economy”. This work also builds on Nelson 2060’s aspiration in Theme Two, that we have “outstanding lifestyles, immersed in nature and strong communities”. A decision to delay the Strategy development does not conflict with any Council policy and has the potential to enhance the quality of the final Strategy.

8. Assessment of Significance against the Council’s Significance and Engagement Policy

8.1 This decision is not significant in terms of Council’s Significance and Engagement Policy.

9. Consultation

9.1 There was feedback on events through the Long Term Plan with much support for a fresh look at the Events Strategy but there has been no public consultation on the matters raised in this report.

10. Inclusion of Māori in the decision making process

10.1 No consultation has been undertaken with Maori.

11. Conclusion

11.1 There are advantages in delaying the development of an Events Strategy to align with work on regional identity. Timelines will depend to on the work programme of the new CCO.

Nicky McDonald

Senior Strategic Adviser

Attachments

Nil

Minutes of a meeting of the Works and Infrastructure Committee

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson

On Thursday 26 November 2015, commencing at 9.00am

Present: Councillor E Davy (Chairperson), Her Worship the Mayor R Reese, Councillors I Barker, L Acland, R Copeland, M Lawrey (Deputy Chairperson), G Noonan and T Skinner

In Attendance: Councillors P Matheson, B McGurk and M Ward, Chief Executive (C Hadley), Manager Operations (P Anderson), Manager Capital Projects (S Davies), Manager Communications (P Shattock), Manager Administration (P Langley), and Administration Adviser (S McLean)

1. Apologies

There were no apologies.

2. Confirmation of Order of Business

Late item memo M1621 refers.

The Chairperson advised of two late items for the public part of the meeting, therefore the following resolutions were passed:

2.1 Intersection Safety Improvements - Main Road Stoke/Elms Street

Resolved WI/2015/013

THAT the item regarding Intersection Safety Improvements - Main Road Stoke/Elms Street be considered at this meeting as a major item not on the agenda, pursuant to Section 46A(7)(a) of the Local Government Official Information and Meetings Act 1987, to enable a timely decision to be made.

Davy/Barker Carried

2.2 Active Travel and Path-based Recreation Programme of Work

Resolved WI/2015/014

THAT the item regarding Active Travel and Path-based Recreation Programme of Work be considered at this meeting as a major item not on the agenda, pursuant to Section 46A(7)(a) of the Local Government Official Information and Meetings Act 1987, to enable a timely decision to be made.

Davy/Lawrey Carried

Attendance: Councillor Skinner joined the meeting at 9.02am.

3. Interests

There were no updates to the Interests Register, and no interests with items on the agenda were declared.

4. Public Forum

4.1 Walking and Cycling

Malcolm Saunders tabled and read from a handout regarding walking and cycling (A1463479).

Mr Saunders raised concerns about walkers being hit by cyclists on shared pathways and asked councillors to consider this in relation to the Active Travel and Path-based Recreation Programme of Work report on the agenda.

Attachments

1 A1463479 - M Saunders Cycle Walkways Handout

5. Confirmation of Minutes

5.1 22 October 2015

Document number M1543, agenda pages 8 - 14 refer.

Resolved WI/2015/016

THAT the minutes of the meeting of the Works and Infrastructure Committee, held on 22 October 2015, be confirmed as a true and correct record.

Davy/Lawrey Carried

6. Status Report - Works and Infrastructure Committee - 26 November 2015

Document number R5161, agenda pages 15 - 18 refer.

Resolved WI/2015/017

THAT the Status Report Works and Infrastructure Committee 26 November 2015 (R5161) and its attachment (A1150321) be received.

Davy/Lawrey Carried

7. Chairperson's Report

There was no Chairperson’s Report.

8. Roading Maintenance Contract Collaboration - Nelson City Council and Tasman District Council

Document number R4186, agenda pages 19 - 23 refer.

Manager Operations, Peter Anderson, presented the report.

In response to a question, Mr Anderson confirmed that if the councils proceeded with a single tender then roading standards would need to be compared and potentially adjusted.

Resolved WI/2015/018

THAT the report Roading Maintenance Contract Collaboration - Nelson City Council and Tasman District Council (R4186) be received;

AND THAT a single tender for the Nelson and Tasman Urban areas is approved in principle;

AND THAT approval is granted for officers to work with Tasman District Council officers to prepare a business case for collaboration on an urban roading maintenance contract;

AND THAT the business case be reported back to the Works and Infrastructure Committee noting any benefits or disadvantages.

Barker/Noonan Carried

9. Licences for Street Stalls and Outdoor Dining - review of basis of rentals

Document number R4696, agenda pages 24 - 29 refer.

Property and Facilities Asset Manager, Michael Homan, presented the report.

In response to a request for detail on stallholder license fees, the Chief Executive, Clare Hadley, said officers could provide this to councillors if required. She emphasised the report was focussed on overarching principles and not individual rates.

Concern was raised that stallholder license fees were significantly lower than standard retail rents, and stallholders did not have to pay rates. It was pointed out this could be seen as retail premises subsidising stallholder operations.

Several councillors supported the stallholders, stating that they added interest and vibrancy to the city. It was highlighted that stallholder fees had increased by 36% over 10 years, and this was not likely to be the case for commercial rents.

It was suggested that footpath use for commercial retailers be reviewed when the policy on Licenses for Street Stalls and Outdoor Dining was reviewed.

Resolved WI/2015/019

THAT the report Licences for Street Stalls and Outdoor Dining - review of basis of rentals (R4696) and its attachment (A1462369) be received;

AND THAT the current licence fees for street stalls be reduced by 30%;

AND THAT footpath dining and car park dining licence fees remain at the current levels, with the methodology for charging unchanged.

Copeland/Noonan Carried

10. Intersection Safety Improvements - Main Road Stoke/Elms Street

Document number R5063, late items agenda pages 3 - 10 refer.

Asset Engineer – Transport, Chris Pawson, and Senior Strategic Adviser, Nicky McDonald, presented the report.

Ms McDonald gave more detail on the recommended consultation for the speed limit change and provided an amended officer recommendation.

In response to a question, Ms McDonald advised that it was best practice that final decision making remain with the Works and Infrastructure Committee.

Attendance: The meeting adjourned from 9.44am to 9.52am.

Ms McDonald highlighted the importance of bylaw related matters.

Resolved WI/2015/020

THAT the report Intersection Safety Improvements - Main Road Stoke/Elms Street and its attachments (A1463084 and A1452019) be received;

AND THAT the design and construction of road safety improvements at the intersection of Main Road Stoke and Elms Street be included as a priority in the minor improvements work programme for the 2015/16 financial year;

AND THAT consultation to seek the community’s views on a reduction of speed on Main Road Stoke between Saxton Road and Salisbury Road to 60km/h is undertaken;

AND THAT a Consultation Feedback Group, chaired by the Works and Infrastructure Committee Chair with two other members being Councillors Skinner and Acland (and Councillor Noonan as alternate), be delegated authority to listen to oral feedback from the community on 9 March 2016;

AND THAT a terms of reference for the Consultation Feedback Group be brought to the Works and Infrastructure Committee on 25 February 2016.

Davy/Lawrey Carried

11. Active Travel and Path-based Recreation Programme of Work

Document number R4351, late items agenda pages 11 - 54 refer.

Senior Asset Engineer – Transport and Roading, Rhys Palmer, presented report.

Mr Palmer emphasised the need to progress and prioritise a coastal route. He highlighted that Council had adopted a level of service of 25% of commuters using active transport by years 4-10 of the Long Term Plan 2015-25.

It was asked that Nile Street be added to the list of projects which would be reported to the Committee before implementation.

There was discussion on the use of Anzac Park for cycle paths. Mr Palmer advised the Active Travel and Pathway Based Recreation Policy required Council to recognise special attributes of an area, therefore due to the War Memorial and use as a quiet contemplative space, Anzac Park was not appropriate for cycling.

In response to a question, Mr Palmer advised that paths would be designed for a 25 year life, and would be based on projected demographics.

There was discussion on the Nelson Southern Link investigation and its impact on the works programme. It was noted that further assessment would occur once the New Zealand Transport Agency business case was released.

It was noted that the T7 path in the Proposed Active Travel Network Map (A1449656) should be corrected to Primary Proposed status.

The Chairperson and Committee members commended Mr Palmer and officers on the work completed to date and the level of partnership with the community.

Resolved WI/2015/021

THAT the report Active Travel and Path-based Recreation Programme of Work (R4351) and its attachments (A1458108, A1449656, A1454515 and A1454601) be received;

AND THAT the 5 year forward works programme as prioritised in tables 1, 2, 3 and 4 (R4351) be adopted;

AND THAT the Forward Works Programme, Active Travel Network Map as amended and the Etiquette Guidelines (A1449656 and A1454515) be included as appendices to the Out and About, Active Travel and Path-based Recreation Policy;

AND THAT it be noted that the 2015/16, 2016/17 and 2017/18 budgets will change and the amendment will be included as part of the upcoming 2016/17 Annual Plan process;

AND THAT the following projects be the subject of reports to the Works and infrastructure Committee before implementation:

· Tahunanui Cycle Network

· Rocks Road

· Rocks Road to Maitai

· Maitai Path and Nile Street

· Anzac Park Link

Noting that all other projects in the five year forward works programme will be delivered under delegated authority.

Her Worship the Mayor/Noonan Carried

Attendance: The meeting adjourned for morning tea from 10.37am to 10.46am.

12. Maitai and Roding Water Abstraction Resource Consent

Document number R4857, agenda pages 30 - 86 refer.

Senior Asset Engineer Utilities, Phil Ruffell, presented the report.

Mr Ruffell highlighted that an extended trial of drawing water exclusively from the Maitai Dam was being looked into to test the impact on the treatment plant membranes. He said the trial would likely last for 1-3 months at an approximate cost of $2,000 per day, which could be covered within operational budgets.

In response to a question, Mr Ruffell advised that Tasman District Council (TDC) currently took a fraction of its daily allocation from the Roding River but there would be no issue if TDC drew its full allocation.

Mr Ruffell highlighted the balance between high quality water in streams and using that high quality water in the water treatment plant to save costs on filtering. The Chief Executive, Clare Hadley, added that any issues in this area would be presented to Council for consideration. She highlighted that information collected in the trial would benefit any future decision making.

Resolved WI/2015/022

THAT the report Maitai and Roding Water Abstraction Resource Consent (R4857) and its attachments (A1332911, A1438784, A1438811) be received;

AND THAT new resource consent applications for the city water supply (as detailed in R4857) be lodged by 31 May 2016 on the same basis as existing consents.

Her Worship the Mayor/Noonan Carried

13. Approval to Refer Award of Tenders to Council

Document number R4923, agenda pages 87 - 89 refer.

Team Leader Engineer, David Light, presented the report.

Resolved WI/2015/023

THAT the report Approval to Refer Award of Tenders to Council (R4923) be received;

THAT the approval of award of tender for Hampden St East Little-Go Stream Stormwater Upgrade including Water and Wastewater Renewals be referred to Council;

AND THAT the approval of award of tender for the Maitai Pipeline Upgrade (WTP - Westbrook) be referred to Council.

Noonan/Barker Carried

14. Exclusion of the Public

Resolved WI/2015/024

THAT the public be excluded from the following parts of the proceedings of this meeting.

Davy/Lawrey Carried

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Public Excluded Status Report - Works and Infrastructure Committee - 25 November 2015

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(b)(i)

To protect information where the making available of the information would disclose a trade secret

Saxton Creek Upgrade Tender Approval Report

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Earthquake Prone Buildings #6

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(b)(ii)

The meeting went into public excluded session at 11.13am and resumed in public session at 11.31am.

15. Re-admittance of the Public

Resolved WI/2015/025

THAT the public be re-admitted to the meeting.

Davy/Noonan Carried

There being no further business the meeting ended at 11.31am.

Confirmed as a correct record of proceedings:

Chairperson Date

Minutes of a meeting of the Planning and Regulatory Committee

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson

On Thursday 26 November 2015, commencing at 1.00pm

Present: Councillor B McGurk (Chairperson), Her Worship the Mayor R Reese, Councillors I Barker, R Copeland, M Lawrey, M Ward and Ms G Paine

In Attendance: Group Manager Strategy and Environment (C Barton) and Administration Adviser (S McLean)

Apology: Councillor E Davy

1. Apology

Resolved PR/2015/062

THAT an apology be received and accepted from Councillor Davy.

McGurk/Ward Carried

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

There were no updates to the Interests Register, and no interests with items on the agenda were declared.

4. Public Forum

4.1 Heritage Building Consents Processes

Doug Craig and Alec Woods, of the Nelson Heritage Advisory Group, tabled information on heritage and city development (A1466127) and summarised key aspects of the handout.

Attendance: Councillor Lawrey joined the meeting at 1.04pm

Mr Woods highlighted that the Memorandum of Agreement between the Trathens and the Nelson Heritage Advisory Group was an example of what could be achieved.

Mr Craig summarised the value of adaptive reuse of heritage buildings and spoke about differing levels of heritage values.

Attachments

1 A1466127 - D Craig and A Woods Nelson Heritage Advisory Group Handout 26Nov2015

5. Confirmation of Minutes

5.1 29 October 2015

Document number M1558, agenda pages 6 - 12 refer.

Resolved PR/2015/064

THAT the minutes of the meeting of the Planning and Regulatory Committee, held on 29 October 2015, be confirmed as a true and correct record.

McGurk/Barker Carried

6. Status Report - Planning and Regulatory Committee - 26 November 2015

Document number R5172, agenda pages 13 - 14 refer.

Resolved PR/2015/065

THAT the Status Report Planning and Regulatory Committee 26 November 2015 (R5172) and its attachment (A1155974) be received.

Paine/Copeland Carried

7. Chairperson's Report

Document number R5160, agenda pages 15 - 17 refer.

In response to a question, the Chairperson summarised the key changes within the Building (Pools) Amendment Bill.

Resolved PR/2015/066

THAT the Chairperson's Report (R5160) be received and the contents noted.

McGurk/Lawrey Carried

8. Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules

Document number R4955, agenda pages 18 - 28 refer.

Manager Operations, Peter Anderson, presented the report.

In response to a question about sight lines in Putaitai Street, Mr Anderson assured the Committee that engineers would take this into consideration.

Resolved PR/2015/067

THAT the report Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules (R4955) and its attachments (A1436481, A1457525, A1457607, A1452418, A1455324 and A1455325, A1457552) be received;

AND THAT the alterations detailed in report R4955 to the following Schedules of Bylaw No 207, Parking and Vehicle Control (2011), be approved:

Schedule 4: Special Parking Areas;

Schedule 9: No Stopping.

Ward/Copeland Carried

9. National Policy Statement for Freshwater Management (NPS-FM) Implementation Programme

Document number R5135, agenda pages 29 - 35 refer.

Senior Planning Adviser, Sharon Flood, presented the report.

Ms Flood advised that the three freshwater management unit collaborative stakeholder advisory groups had been established.

In response to a question about quantity issues, Ms Flood said water allocation and minimum flows would be considered as part of the programme through the Nelson Plan.

In response to a further question, Ms Flood confirmed that engagement with iwi was taking place.

Resolved PR/2015/068

THAT the report National Policy Statement for Freshwater Management (NPS-FM) Implementation Programme (R5135) and its attachments (A1457666 and A1457797) be received;

AND THAT the progressive implementation programme (A1457797) for giving effect to the National Policy Statement for Freshwater Management be adopted;

AND THAT the implementation programme (A1457797) be publicly notified by 31 December 2015.

Barker/McGurk Carried

10. Exclusion of the Public

Resolved PR/2015/069

THAT the public be excluded from the following parts of the proceedings of this meeting.

Ward/Copeland Carried

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Planning and Regulatory Committee Meeting - Public Excluded Minutes - 29 October 2015

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

· Section 7(2)(a)

To protect the privacy of natural persons, including that of a deceased person.

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

The meeting went into public excluded session at 1.30pm and resumed in public session at 1.31pm.

As the only business transacted in public excluded was to confirm the minutes, this business has been recorded in the public minutes. In accordance with the Local Government Official Information Meetings Act, no reason for withholding this information from the public exists.

11. Confirmation of Public Excluded Minutes

11.1 29 October 2015

Document number M1559, public excluded agenda pages 3 - 5 refer.

Resolved PR/2015/070

THAT the minutes of part of the meeting of the Planning and Regulatory Committee, held with the public excluded on 29 October 2015, be confirmed as a true and correct record.

Ward/Copeland Carried

12. Re-admittance of the Public

Resolved PR/2015/071

THAT the public be re-admitted to the meeting.

Ward/Copeland Carried

There being no further business the meeting ended at 1.31pm.

Confirmed as a correct record of proceedings:

Chairperson Date

Item	Amount
Physical works tender Contingency	$3,621,787 $535,000
Sub Total	$4,156,787
Potholing and Onsite Costs	$90,916
Professional Fees and Contract Administration	$234,753
Resource Consent and Building Consent fees	$10,202
Total Cost	$4,492,658
Total Budget	$4,792,658
Available budget	$300,000

Item	Amount
Physical works tender - Contract Works Contingency	$4,766,817 $ 160,000
Sub Total	$4,926,817
Other (Easements, Consents etc)	$ 24,665
Total Cost	$4,951,482
Approved budget	$4,152,200
Over Budget	-$799,282

Recommendation	suitable
SHA Name	Toi Toi Street/Montreal Road/Princes Drive
Address	Montreal Road, Lot 1 DP 439020, Pt Lot 2 DP 10932, Lot 1 DP 12132, Lot 1 DP 10680
Approximate size	14ha
Landowner	Adcock Properties Ltd
Developer	Adcock Properties Ltd
SHA request received	Requested by Adcock Properties Ltd
Brownfield/Greenfield	Greenfield
Approximate yield	200

Other Comments	Nil
Reasons for using SHA process	To further incentivise development in the area, and to provide developer certainty regarding the Princes Drive roading connection.
Planning history	The site is located close to Victory centre with urban development surrounding it. Due to infrastructure capacity issues it has not been developed in the past, these constraints now have identified solutions.

Criteria	Summary	Notes
Consistent with Nelson City Housing Accord	yes	The area will contribute to the diversity of the housing stock and typology, thereby contributing to the Housing Accords aim of improving housing supply and affordability.
Alignment with the District Plan	yes	The proposed SHA aligns with the NRMP provisions for residential development.
Infrastructure availability/readiness, including available capacity	yes	The area can be provided with suitable infrastructure to support up to 210 lots. This will be a mixture of Council supplied capacity planned through the LTP and/or legal agreement, and developer supplied infrastructure capacity/connections. Roading: The developer has requested a legal Agreement to enable the roading connection to Princes Drive to be achieved. This is subject to a report going to Works and Infrastructure in early 2016 where Council will review options for the connection to Princes Drive. Speed calming and pedestrian improvements will be required in Toi Toi Street once a 100 lot threshold is reached. Toi Toi and Vanguard Street may require intersection safety works. These will need to be provided by the developer unless programmed into the LTP. Water: Waiting for a pipe connection from Toi Toi reservoirs to the new reservoirs in Princes Drive (to be installed by KB Quarries). If the developer wishes to go ahead before KB Quarries they will be required to provide the connecting pipe between reservoirs. Stormwater: Sufficient network exists to support the development. Wastewater: Sufficient network exists to support the development. All internal infrastructure will be provided by the developer in accordance with the NCC Land Development Manual 2010.
Landowner views	yes	Supportive of SHA
Demand to build	yes	There is on gong demand to build.
Demand for housing	yes	There is ongoing demand for housing.

Reviewed by:	Shane Overend and Sue McAuley
Site Visit
Transport
Stormwater
Waste water/water

Other Comments	Coastal inundation from sea level rise and liquefaction hazards will need to be addressed.
Reasons for using SHA process	To further incentivise development in the area.
Planning history	The site is located close to Tahunanui centre with urban development surrounding it, access to open space and reserves and sufficient infrastructure capacity.

Recommendation	suitable - subject to master plan requirement
SHA Name	Nelson South
Address	467 Suffolk Road, part of farm adjoining Hill Street North 3C & 3D Hill Street North, 25 Hill Street
Approximate size	19.62ha
Landowners	Raine Estates Oaklands Ltd Michael and Maria-Luisa Lowe Peter and Andrea Hamilton Christopher Hardiman Anthony Scott Richard Smith McFadden Family Trust
Developer	To be confirmed
SHA request received	Above landowners
Brownfield/Greenfield	Greenfield
Approximate yield	300

Other Comments	Possible flood hazard requires assessment.
Reasons for using SHA process	To provide for development in the area.
Planning history	The site is located close to Richmond centre and is on the edge of existing residential development and currently part of a dairy farm/lifestyle area. Upstream of the site is a large dam which needs re - consenting.

Recommended	suitable
SHA Name	Betts Carpark
Address	343 Trafalgar Street, PT LOT 2 DP 224
Approximate size	0.1182ha
Landowner	Nelson City Council
Developer	unknown
SHA request received	Nelson City Council
Brownfield/Greenfield	Brownfield
Approximate yield	20 units

Other Comments	The site is subject to geotechnical issues which has led to multiple variations in the existing stages and which may delay readiness of consent application.
Reasons for using SHA process	A SHA could further incentivise greater density development of this site, although this has been achieved to date through the existing plan provisions on a non notified basis.
Planning history	The site has approved subdivision and earthworks consents and is part way through a staged development. Additional subdivision and land use consents have been gained for higher density residential development in the completed stages. The developer wishes to use this model in the balance of the subdivision.

Other Comments	Coastal inundation (SLR), Port noise, proximity of methyl bromide issues will need to be overcome.
Reasons for using SHA process	To further incentivise development in high amenity brownfield areas.
Planning history	The site has remained vacant for some time, previously used as a boat servicing workshop which has heritage values.

Other Comments	The site may be subject to liquefaction hazard which will require investigation as part of the consent process.
Reasons for using SHA process	To further incentivise development in high amenity brownfield areas.
Planning history	The site has been zoned suburban commercial since 1996, but contains four older flats.

Other Comments	Secondary flood route running in northern part of the site.
Reasons for using SHA process	To further incentivise comprehensive development of this large low density vacant site within an existing residential area close to Stoke centre.
Planning history