Agenda of Planning and Regulatory Committee

N-logotype-black-wide Planning and Regulatory Committee

18 February 2016

Page No.

1. Apologies

1.1 Apologies have been received from Councillors Eric Davy and Mike Ward

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 Carolyn Hughes and Jeff Dunne - Nelson Environment Centre

Carolyn and Jeff, of the Nelson Environment Centre, will speak about water conservation – policies, strategies and programmes to reduce water use and recycle.

5. Confirmation of Minutes

5.1 26 November 2015 8 - 12

Document number M1624

Recommendation

THAT the minutes of the meeting of the Planning and Regulatory Committee, held on 26 November 2015, be confirmed as a true and correct record.

Please note that 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.

6. Status Report - Planning and Regulatory Committee - 18 February 2016 13 - 14

Document number R5469

Recommendation

THAT the Status Report Planning and Regulatory Committee 18 February 2016 (R5469) and its attachment (A1155974) be received.

7. Chairperson's Report 15 - 16

Document number R5506

Recommendation

THAT the Chairperson's Report (R5506) be received and the contents noted.

Regulatory

8. Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules 17 - 24

Document number R5273

Recommendation

THAT the report Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules (R5273) and its attachments (A1475675, A1475680, A1475663 and A1477768) be received;

AND THAT the amendments detailed in report R5273 to the following Schedules of Bylaw No 207, Parking and Vehicle Control (2011), be approved:

- Schedule 4: Special Parking Areas;

- Schedule 9: No Stopping.

- Schedule 14: Give Way Signs.

9. Fees and Charges: Resource Consents, Resource Management Act Planning Documents and Applications under Housing Accord and Special Housing Areas Act 25 - 51

Document number R5303

Recommendation

THAT the report Fees and Charges: Resource Consents, Resource Management Act Planning Documents and Applications under Housing Accord and Special Housing Areas Act (R5303) and its attachments (A1483163 and A1483172) be received.

Recommendation to Council

THAT the draft Fees and Charges Resource Consents and Resource Management Act Planning Documents (A1483163 and A1483172) be approved for public consultation and notification using the Special Consultative Procedure as set out in the Local Government Act 2002.

10. Fees and Charges Consents and Compliance (non RMA) commencing 1 July 2016 52 - 90

Document number R5319

Recommendation

THAT the report Fees and Charges Consents and Compliance (non RMA) commencing 1 July 2016 (R5319) and its attachments (A1483521, A1483604, A1488034, A1488085, A1483610 and A1498999) be received.

Recommendation to Council

THAT the Dog Control fees and charges as detailed in Attachment 1 (A1483521) to Report R5319 be adopted;

AND THAT the Environmental Health and other activities fees and charges as detailed in Attachment 2 (A1483604) to Report R5319 be adopted;

AND THAT the Draft Food Act 2014 fees and charges as detailed in Attachment 3 (A1488034) to Report R5319 be approved for public consultation and notification using the Special Consultative Procedure as set out in the Local Government Act 2002;

AND THAT the circumstances to reduce alcohol licensing fees as detailed in Attachment 4 (A1488085) to Report R5319 be adopted to apply from the date of Council resolution;

AND THAT Provision of Property Information fees and charges as detailed in Attachment 5 to Report R5319 (A1483610) be adopted;

AND THAT the Draft Fencing of Swimming Pools Act 1987 fees and charges as detailed in Attachment 6 (A1498999) to Report R5319 be approved for public consultation and notification using the Special Consultative Procedure as set out in the Local Government Act 2002;

AND THAT the charges for Dog Control Environmental Health and Provision of Property Information activities apply from 1 July 2016 until such time as they are varied or amended by Council;

AND THAT the Dog Control charges be publicly advertised in accordance with Section 37(6) of the Dog Control Act 1996.

Policy and Planning

11. Strategy and Environment Report for 1 October to 31 December 2015 91 - 116

Document number R5248

Recommendation

THAT the report Strategy and Environment Report for 1 October to 31 December 2015 (R5248) and its attachments (A1474011, A1477377 and A1485599) be received.

Recommendation to Council

THAT Council note the notification of the Whakamahere Whakatu Nelson Plan is planned for early 2017 subject to confirming the timing of the consultation period for the annual plan.

12. Gambling Policy Review 2016 117 - 132

Document number R5173

Recommendation

THAT the report Gambling Policy Review 2016 (R5173) and its Attachments (A363308, A1490371 and A1490344) be received.

Recommendation to Council

THAT Council, acknowledging community feedback that the current Gambling Policy is functioning as intended and noting the resource cost a Local Government Act 2002 Special Consultative Procedure to review the Gambling Policy imposes on all involved, agrees to retain the current Policy without change.

Note:

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

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

· Youth Councillors Keegan Phipps and Joseph Alison will be in attendance at this meeting. (delete as appropriate)

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.

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:

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)
1	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).

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

Planning and Regulatory Committee

18 February 2016

REPORT R5273

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

1. Purpose of Report

1.1 To adopt the alterations to the Parking and Vehicle Control Bylaw (2011), No. 207, resulting from minor safety improvements, roading improvements carried out as part of the 2015/16 capital works programme and from the completion of new subdivisions

2. Delegations

2.1 Amendments to the Parking and Vehicle Control Bylaw and the Parking Policy fall within the delegated authority of the Planning and Regulatory Committee.

3. Recommendation

THAT the report Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules (R5273) and its attachments (A1475675, A1475680, A1475663 and A1477768) be received;

AND THAT the amendments detailed in report R5273 to the following Schedules of Bylaw No 207, Parking and Vehicle Control (2011), be approved:

- Schedule 4: Special Parking Areas;

- Schedule 9: No Stopping.

- Schedule 14: Give Way Signs.

4. Background

4.1 The Parking and Traffic Control Bylaw 2011 allows for the Committee, by resolution, to add or delete items to the Schedules. To ensure that the Bylaw is enforceable it is important to ensure that the Schedules are updated on a regular basis. The bylaw requires updating since the last update in November 2015.

5. Discussion

5.1 Schedule 4 - Special Parking areas

5.1.1 Bus Stop Main Road Stoke

The introduction of the Stoke loop bus services in December 2015 has necessitated the need for a second bus stop in the area of the Stoke tennis courts. The existing bus bay is not long enough to accommodate two buses which is necessary for the integrated timetable to be effective. As a temporary measure two existing car parks are being used as a bus stop until such time that larger scale alterations to the kerb line are scheduled. It is proposed that this physical work could coincide with development of the Stoke Community Centre. For enforcement purposes it is necessary to include this temporary bus stop in the schedule. The location is shown in attachment 1.

5.1.2 Time limited car parks Main Road Stoke

The two car parks behind the temporary bus stop shown in attachment 1 currently have no time limit. As the new bus service has reduced the available car parks in this location by two spaces, it is proposed to make them P120 to increase turn over thus keeping them available for Stoke visitors and not occupied by all day parkers.

5.1.3 It is proposed to limit the bus stop (discussed in 5.1.1) and time restrictions for the car parks (discussed in 5.1.2) to Monday – Saturday only, as no Stoke loop bus service operates on Sunday. On Sundays parking in this area is in demand due to the longer duration activities such as recreational tennis and Church attendance.

5.2 Schedule 9 - No Stopping

5.2.1 Haven Road

As part of the Salt Water Creek storm water culvert replacement last year changes were made to the vehicle ramp and kerb lines in Haven Road. These changes have necessitated an extension of the No Stopping lines as shown in attachment 2

5.2.2 Tasman Street

As part of the Tasman Street upgrade work carried out last year kerb and channel have been installed at the road edge where there was previously some informal parking on the grass berm. To maintain two 3 metre vehicle lanes and in the interest of safety it is now necessary to install No Stopping lines at the location shown in attachment 3.

5.2.3 Daelyn Subdivision Stage 4

The newly completed road (Boysenberry Grove) requires the installation of yellow ‘no stopping’ lines within the cul-de-sac, (Attachment 4.)

5.3 Schedule 14 - Give Way Signs

5.3.1 Daelyn Subdivision Stage 4

This newly completed road (Boysenberry Grove) require the installation of Give Way control at the intersection of Daelyn Drive (Attachment 4)

6. Options

6.1 There are limited alternative options for the items presented in this report as the majority are procedural updates to the bylaw.

7. Alignment with relevant Council policy

7.1 This report is directly aligned to the requirements of the Parking Policy, the Parking and Vehicle Control Bylaw and with Council’s strategic direction through the Regional Land Transport Strategy.

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

8.1 The recommendations outlined in this report are not considered significant in terms of the Council’s Significance and Engagement Policy.

9. Consultation

9.1 Directly affected residents and businesses have been consulted on the proposals.

10. Inclusion of Māori in the decision making process

10.1 Māori have not been specifically consulted.

11. Conclusion

11.1 Minor alterations and additions are proposed to Schedules 4, 9 and 14 of the bylaw to allow for parking and safety improvements.

Margaret Parfitt

Team Leader Roading and Solid Waste

Attachments

Attachment 1: A1475675 - Proposed Bus Stop and P120 Main Road Stoke

Attachment 2: A1475680 - Proposed No Stopping extension Haven Road

Attachment 3: A1475663 - Proposed No Stopping extension Tasman Street

Attachment 4: A1477768 - Proposed No Stopping and Give Way Dealyn Subdivision Stage 4

Planning and Regulatory Committee

18 February 2016

REPORT R5303

Fees and Charges: Resource Consents, Resource Management Act Planning Documents and Applications under Housing Accord and Special Housing Areas Act

1. Purpose of Report

1.1 To seek Council approval of the draft Fees and Charges Resource Consents, Resource Management Act Planning Documents and applications under the Housing Accord and Special Housing Areas Act for public consultation and notification using the Special Consultative Procedure (section 83 of the Local Government Act 2002).

2. Delegations

2.1 The Planning and Regulatory Committee has delegations that include the power to recommend approval of statements of proposals for Special Consultative Procedures falling within their areas of responsibility.

2.2 There is no delegation from the Council to set fees and charges.

3. Recommendation

Recommendation to Council

4. Background

4.1 The Consents and Compliance Business Unit is responsible for a variety of functions that have an element of cost recovery. Some charges are set by statute while other statutes give local authorities the power to set charges. This report considers fees and charges for the following which are not prescribed by statute:

• Resource Consents: processing, monitoring and enforcing, administration;

• Resource Management Act planning documents; and

· Housing Accord and Special Housing Areas (HASHA): resource consent for qualifying areas.

4.2 Section 101(3) of the Local Government Act 2002 and Section 36 (4) of the Resource Management Act 1991 (RMA) require that charges for regulatory functions are to be cost-effective with those gaining the benefit from the regulatory service paying a reasonable cost for that service.

5. Discussion

Current status

5.1 The Long Term Plan (LTP) financial targets expect fees and charges to meet between 40 and 60 percent of the total costs of the resource consents team. For the 2014/15 year 46% of costs were recovered. To November this financial year 61% of costs have been recovered from fees and charges. It is expected the percentage will decrease by the year end as some overhead charges are yet to be attributed to the resource consent activity.

5.2 The difference between last year and this current year is attributed to two factors: an increase in application numbers by 25% (compared to the same time last year); and an increase in the hourly staff charge out rate from $145 per hour to $148 per hour.

Factors influencing the level of fees and charges

Consent numbers

5.3 The number of resource consent applications received influences the level of income generated. The annual number of applications received over the last four years has ranged from 327 to 391. If this year’s application numbers continue to track as they are the total could be around 430.

5.4 The number of applications received is not a factor that is under the direct control of the Council and is difficult to predict from one year to the next. While the Nelson Resource Management Plan sets out when resource consent is required, the developer decides to either make a proposal comply or apply for consent. Proposed changes to the RMA include a power to waive the need for resource consent in certain circumstances which has the potential to reduce the number of consent applications.

5.5 The Nelson Housing Accord and the creation of Special Housing Areas is likely to result in an increase of resource consent applications prior to 16 September 2016 when HASHA is repealed.

Cost Recovery

5.6 The other main factor affecting the level of fees and charges is staff wages. As wages increase the level of recovery needs to increase. Currently there is one charge out rate for all staff ($148.00 an hour). This has been set to achieve a cost recovery that will allow the LTP targets of 40 – 60% to be achieved.

5.7 Other Councils have different charge out rates for the differing levels of staff involved in the application. The table below compares staff charge out rates with nearby and similar sized Councils:

Council	Single rate per hour	Varied rate per hour
Nelson	$148
Tasman	$148
Marlborough	$148
New Plymouth		Planners and technical $174 Administration $131
Palmerston North		Planner $161 Technical staff $166 Senior planner $189 City planner $204 Administration $103
Napier		Planners $145 Administration $75
Dunedin		Senior level $160 Planner $145 Graduate planner or monitoring officer $114 Administration $89.00

5.8 In order for a 40 – 60% level of cost recovery, a lower hourly rate for the administration role (for example), would require the other rates to be higher to compensate.

5.9 Fees and charges for various resource consent applications can be fixed (no refund or additional charge is applied) or are based on an hourly rate with an initial deposit made at the time of application. Most Councils fix the more constant certification-type processes. Hourly rate based charges tend to occur for applications that can range dependent on the nature and scale of the activity. Fixing more fees has a more predictable level of income but can mean some applicants pay much more or less than the actual costs.

5.10 The Resource Legislation Amendment Bill 2015 introduces a power for regulations to be made requiring a fixed fee be charged for processing applications. This could potentially require Councils to set a capped fee for a wide range of application types that will have cost recovery implications. The fixed fee regime is not defined in the Bill and its development would require consultation with Councils and other stakeholders.

5.11 This matter will be reported to the Council once the Bill progresses and more detail is known.

Proposed Changes

5.12 The current staff charge out rate is sufficient to meet the reasonable and actual costs of resource consent processing. The rate is also sufficient to meet the level of cost recovery anticipated in the Council’s Long Term Plan.

5.13 The initial charges (deposits) required when applying for consent reasonably reflect the average cost of processing consents. One exception is the swing mooring consent processing costs that are usually always less than the current deposit required of $1300. It is proposed to include swing mooring applications in the $500 deposit category.

5.14 It is also proposed to include applications for HASHA developments in the fees and charges schedule with the same hourly rate and deposit required for similar resource consent applications.

5.15 The only other proposed change concerns photocopying large copy charges to be consistent with the Council Customer Service Centre photocopying charges.

6. Options

6.1 Fees and charges should be set to ensure they are not a barrier to growth and development while recognising the applicant or licence holder will receive the majority of the benefit in holding such a document. There are three options:

Option	Benefits	Disbenefits
1. Status quo – one rate of $148	Consistent with adjacent Councils Easier to administer Achieves 40-60% cost recovery as set under the LTP Consistent level of charging for similar consent types Allows for certainty until the impacts of changes to the RMA are known	Costs are not tiered to recognise the different level of expertise
2. Varied hourly rate – for administration, planner and senior planner	Reflects the different levels of expertise	More time consuming to administer Adds more complexity to set charges to achieve LTP cost recovery Inconsistent level of charging for similar consent types depending on the staff processing the consent
3. Capping a greater range of consent fees and charges	Certainty for the applicant Easy to administer No time required to check and review costs that are queried or follow up bad debts	May not reasonably reflect the actual costs associated with processing Difficult to set the charge to achieve LTP cost recovery for certain types of consents that vary widely in complexity

6.2 Currently there are 13 different fixed or capped fees for a variety of document executions, certifications or processes that have a relatively certain amount of staff time required to process these applications. Option 3 is not recommended until the direction of changes to the RMA is known.

6.3 Option 2 will require further investigation to determine the appropriate hourly rate for various staff and whether this impacts on current processes and team structure. Option 2 is not recommended until this investigation has occurred.

6.4 The status quo, option 1, is preferred until the new legislation requires a change or the impacts of alternative options are explored further.

7. Alignment with relevant Council policy

7.1 The recommended fees and charges are consistent with the required statutes and assist with achieving the stated funding policy in the LTP.

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

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

9. Consultation

9.1 Consultation has not been undertaken with any external parties. Fees and charges for Resource Consents Activity are subject to the Special Consultative Procedures required by the Local Government Act 2002.

10. Inclusion of Māori in the decision making process

10.1 There has been no consultation with Māori regarding this recommendation.

11. Conclusion

11.1 The level of income received from fees and charges currently meets the reasonable and actual costs of resource consent processing. The level of cost recovery also sufficiently meets the expected levels stated in the Long Term Plan. The hourly staff charge out rate compares favourably with other Councils.

11.2 Significant changes are not recommended until the impacts of the Resource Legislation Amendment Bill 2015 on the level of applications and cost recovery structure are known.

Mandy Bishop

Manager Consents and Compliance

Attachments

Attachment 1: A1483163 Statement of Proposal

Attachment 2: A1483172 - Summary of Statement of Proposal Fees and Charges Resource Consent Activity

Planning and Regulatory Committee

18 February 2016

REPORT R5319

Fees and Charges Consents and Compliance (non RMA) commencing 1 July 2016

1. Purpose of Report

1.1 To adopt the fees and charges for dog control, environmental health and provision of property information activities to apply from 1 July 2016.

2. Delegations

2.2 There is no delegation from the Council to set Fees and Charges.

3. Recommendation

Recommendation to Council

THAT the Dog Control fees and charges as detailed in Attachment 1 (A1483521) to Report R5319 be adopted;

AND THAT the Environmental Health and other activities fees and charges as detailed in Attachment 2 (A1483604) to Report R5319 be adopted;

AND THAT the circumstances to reduce alcohol licensing fees as detailed in Attachment 4 (A1488085) to Report R5319 be adopted to apply from the date of Council resolution;

AND THAT Provision of Property Information fees and charges as detailed in Attachment 5 to Report R5319 (A1483610) be adopted;

AND THAT the charges for Dog Control Environmental Health and Provision of Property Information activities apply from 1 July 2016 until such time as they are varied or amended by Council;

AND THAT the Dog Control charges be publicly advertised in accordance with Section 37(6) of the Dog Control Act 1996.

4. Background

4.1 The Consents and Compliance Business Unit is responsible for a variety of functions that have an element of cost recovery. While some charges are set by statute, other statutes give local authorities the power to set charges (for example the Dog Control Act 1996, section 37). This report considers fees and charges for:

• dog registration and the pound;

• health licensing; and

• provision of property information.

In addition a fee change under the Fencing of Swimming Pools Act 1987 is considered as it requires a Special Consultative Procedure to change the fee. Normally this activity would be considered with other Building Unit charges.

4.2 No changes are recommended for dog control and health licensing (non-food) as costs for these activities are being met by current fees and charges. Minor changes are proposed to reduce some fees for alcohol licensing and increase regular user charges for the provision of property information. A range of new fees must be introduced to meet Food Act 2014 requirements.

4.3 It is proposed to reduce the charge for the Fencing of Swimming Pools Act 1987 monitoring inspections. Charges for this service have received negative feedback over the last two years and are frequently challenged. With the completion of the initial compliance inspections round, due by 01 July 2016, it is time to review the fees charged and the structure for recovery of staff costs.

4.4 Funding for the dog control, environmental health, the provision of property information and fencing of swimming pool activities is achieved by Council through a mix of general rates, fees and charges and infringement fees and fines. The level of cost recovery from applicants affects the level of ratepayer funding that is required.

4.5 Section 101 (3) of the Local Government Act 2002 requires that charges are to be cost-effective with those gaining the benefit from the service paying the reasonable cost for that service.

4.6 The Food Act 2014 and Fencing of Swimming Pools Act 1987 require public consultation before new or altered charges can apply. Fees for other activities do not require public consultation.

5. Discussion

Dog Control

5.1 The Dog Control activity is funded mostly by registration fees, dog impounding fees and some minor income from infringement fees and Court awarded costs.

5.2 The costs of the dog control activity are largely fixed being adjusted only by the Consumer Price Index (CPI). The number of dog registrations is expected to increase on an annual basis so the income from fees should normally cover the CPI increase in costs.

5.3 Between 1 July and 31 December 2015 there has been an increase in dog registrations of 2.85% (a total of 5,469 dogs registered). For 2014-2015 the dog control costs exceeded the income by 10%. As at 30 November 2015 the costs exceed the income by 1%.

5.4 Fees were increased for the 2015-2016 year. Given the actual income level is sufficient to meet current costs and there being no foreseeable significant changes to the level of costs, no changes to current fees and charges are recommended for at this time.

Health Certification for Registered Premises (non food premises)

5.5 The premises which are non-food that are required to be registered under the Health Act 1956 are hairdressing premises, camping grounds, offensive trades and funeral directors and mortuaries.

5.6 A comparison with other councils was conducted last year and the fees charged by Nelson were comparable with adjoining authorities and generally lower than others. The overall income from non food and food premises exceeded costs for the 2014-2015 year and currently meets costs for this financial year. No changes to the fees for these activities are recommended as shown in Attachment 2.

Food Premises

5.7 Council’s functions under the Food Act 2014 (the Act) commence on 1 March 2016. The Act introduces a risk based regime that categorises food businesses into different levels of risk depending on the type of their operation. Councils are required to register, verify and carry out compliance and monitoring checks of certain food businesses under this new regime. It is anticipated Council staff will need to assist food businesses’ transition to the new requirements.

5.8 The Act provides Council the ability to fix fees to recover costs of Council’s functions. Section 205 of the Act requires the fixing of fees before the start of the financial year (1 July). To apply fees from 1 July 2016 for Council’s new functions under the Act, a special consultative procedure must be completed and the fees passed by Council resolution.

5.9 The Act introduces a risk based regulatory regime and food premises have up to three years to transition to the requirements of the Act. Until a food business transitions they will be subject to Council’s existing fees that commenced 1 July 2015. All new food businesses commencing from 1 March 2016 must operate under the Food Act 2014.

5.10 Income from fees and charges for health and food licensing has exceeded costs in the last three years so it is proposed to keep fees the same from 1 July 2016. New charges for activities under the Food Act 2014 are based on expected staff time to complete the process with any additional time invoiced at an hourly rate. Verification and compliance functions that have a variable amount of staff time depending on the work involved and the level of compliance of the premises are charged at an hourly rate.

5.11 The table below compares recommended charges with adjacent Councils and the Ministry for Primary Industry charges. All charges are GST inclusive:

Proposed Charges	Minimum hours	NCC	TDC	MDC	MPI
Blue font = fixed fees, Black font = hourly rate, Brown = initial charge then hourly rate
First Registration of a templated Food Control Plan (FCP)	1.50	$222.00	$222.00	$254.00	$193.75
First Registration of a National Programme (NP)	1.00	$148.00	$133.00	$254.00	$116.25
Renewal of Registration (FCP & NP)	0.50	$74.00	$89.00	$108.00	$77.50
Amendment to FCP or NP	0.50	$74.00	$89.00	$108.00	$77.50
Voluntary Suspension of FCP or NP	0.50	$74.00		N/C	$77.50
Verification, inspection and audit	1.00	$148.00	$148.00	$145.00	$155.00
Issue of Improvement Notice	1.00	$148.00	$155.00	$145.00	$155.00
Review of Improvement Notice	1.00	$148.00	$155.00	$145.00	$155.00
Monitoring		N/C	N/C	N/C

5.12 A comparison has also been made between what businesses pay now and what they will pay should the recommended charges be approved:

Working Examples - Annual Costs (established business- good conformance)	Food Act 2014 cost	Current cost
Expected charge for simple business - Registration + 1 hrs audit[s]	$222.00	$165.00-$250.00
Expected charge for moderate business - Registration + 2 hrs audit[s]	$370.00	$250.00-$375.00
Expected charge for complex business - Registration + 3 hrs audit[s]	$518.00	$375.00
Additional Charge per hour	$148.00	None

5.13 The Act requires councils to provide a registration service for both Food Control Plans and the National Programme. The Act requires councils to verify Food Control Plans but councils may verify National Programmes.

5.14 It is recommended Nelson City Council provides verification for businesses under the National Programme system. Not providing this service would require these businesses to engage private sector auditors that would potentially be at higher costs. Providing this service also enables a complete service to be offered with parties not having to deal with different organizations.

5.15 A cost for performing this verification service for National Programmes is gaining the required MPI approval to provide the service. This will incur staff time and additional resources to develop a documented quality management system in time for the start of the new Act on 1 March 2016. If a verification service is provided, there may be up to 90 businesses that will want a verification service from the Council.

5.16 77 National Programme businesses will be required to transition in years two and three. There will also be around 12 food stalls that will fall under a National Programme for the first time. 93 businesses will be required to transition to Food Control Plans in the first year and 123 in the second year. It is also estimated that 20 additional businesses will be required to come under the Food Control Plan.

5.17 The Act requires both registration and verification and as verification takes significantly longer than inspections under the current system the workload is expected to increase the level of staff resource for Environmental Inspections Limited from one FTE to 1.5 FTEs on an on-going basis. As the scale of the changes and impact on staff resource become known, there could be a need to have two FTEs particularly in the second year of transition.

5.18 Proposed charges in Attachment 3 are based on recovering the costs of 1.5 FTEs. Any additional time required to assist businesses transition from the old system to the new system and to meet the new Act requirements for registration and verification may need additional resourcing as a temporary measure.

5.19 It is recommended that the Special Consultative Procedure will have a submission period of one month closing at the end of April with a Hearing to be convened in May if required to hear submissions. The decision on these fees and charges will need to be passed by Council resolution prior to 1 July 2016 for these charges to take effect for the next financial year.

Alcohol licensing

5.20 Licence fees are set by the Sale and Supply of Alcohol Act 2012.

5.21 For the 2014-2015 financial year the income exceeded the costs by approximately 16%.

5.22 The income for the current financial year to December 2015 exceeds the costs of the licensing service by $16,589 (excluding GST) or 19%. It is noted that costs to date have not included any hearings that can increase the costs as the applicant only pays the fixed licence fee regardless of actual hearing expenses.

5.23 The Council could decide to set different fees through a Bylaw process if the nationally set fees do not fairly reflect the cost of the alcohol licensing and inspection service. The Council decided in October 2014 to approve circumstances where discretion is used to reduce alcohol licensing fees. The circumstances to use discretion to reduce fees has been reviewed and it is recommended the circumstances be extended to include three off licence categories and those premises that have licence hours finishing earlier in the evening.

5.24 The off licence categories include internet sales, gift basket sales and specialty food outlets. Internet sales would apply where the licence holder is only selling products they manufacture. A number of manufacturers have cellar door licences that are already in the very low category and reducing their internet sales to this category provides consistency for a very low risk activity.

5.25 The reduction for the gift basket and specialty food store category acknowledges that alcohol is not a key focus but complements other products. There are five existing licence holders in these categories. The level of annual income reduced by lowering these categories would be $1,552.50 (including GST).

5.26 One of the key contributors to alcohol related harm is the length of time alcohol is available. The risk rating approach to fees in the regulations acknowledges this with premises that have later licence hours (after 2.00am) attracting a higher risk rating and higher fees.

5.27 There is an opportunity through discretionary fee category reduction to provide an additional incentive for licence holders to further reduce their latest licence hours. The fee reduction would also acknowledge the lower risk of licence holders that already operate with licence hours closing by midnight.

5.28 Should the reduction be based on licence hours finishing by 11pm that would affect 21 existing licence holders and a reduction in annual income of $6,520.00. If the reduction applies to licence hours finishing by 12 midnight this would affect 31 existing licence holders and a reduction of income by $9,625.50.

5.29 It is anticipated the reduction in fees by reducing the hours to midnight is likely to attract more businesses to reduce their hours than requiring hours to be reduced to 11pm. For that reason it is recommended the licence hours finishing by 12 midnight is a practical incentive for businesses to reduce the length of time alcohol is available and therefore reduce the potential for alcohol related harm.

5.30 Most off licences have licence hours to 10 or 11pm. A fee category reduction for reducing hours to 9pm may encourage some businesses to reduce their hours.

5.31 Combining all recommended reductions for existing licences (including the reduction for businesses finishing their licensing hours by 12 midnight), results in an average reduced income of $11,488.50 annually (including GST). This figure excludes businesses changing their hours to get the benefit of an average annual saving of $310.50 for each licence. The effect of these changes is anticipated to still have an overall income exceeding the costs of the activity (assuming the level of hearings remains the same) but by an amount less than 10%.

5.32 It is recommended to continue to use the nationally set fees and charges for this activity and extend the circumstances to reduce fees as identified in Attachment 4.

Provision of property information

5.33 This includes the charges for obtaining a Land Information Memorandum (LIM), access to property files, building consent files, resource consent files and geotechnical reports.

5.34 Fees are set based on staff time to access files and LIM charges are comparable to other councils. The expenses do not incorporate the costs of storing and maintaining Council records.

5.35 For the 2014-2015 financial year the income met 92% of the expense. A similar level of recovery applies to this financial year. A review of actual costs to access files for customers shows regular site file access users had used the equivalent of their annual charge much earlier than one year. Charges should be increased for regular users to better reflect actual usage.

5.36 Currently sole practitioners (three) use the equivalent of their $865.00 annual charge in one quarter. There are also difficulties for Customer Service Centre staff when these sole practitioners send administration staff to access files on their behalf as technically they are not the sole practitioner. The regular users’ corporate category also has three businesses that use this provision and are on average easily using their allocation each year.

5.37 It is proposed to delete the sole practitioner category and amend the “regular users’ corporate” category to “regular users” to apply to both sole practitioners and businesses. This enables any customer the option of paying per file access, purchasing concession cards or they pay the regular user annual fee of $2000.00. This figure is based on an average of two site file accesses per week (minus the statutory holidays). It will be the first time this charge has increased in over five years.

5.38 It is also proposed to delete the reference to a memory stick charge as in practice information is provided electronically or on compact disc. The large copies photocopying prices are amended to reflect charges for copying in Council as we do not need to use external copying services for A2 and A1 pages. The charge for GIS plots is deleted as this is generally included in the file access charge.

5.39 Recommended changes to the provision of property information charges are identified in Attachment 5.

Fencing of swimming pools

5.40 There is now a greater level of compliance with the Fencing of Swimming Pools Act 1987 achieved by systematic inspections and monitoring. As a result the staff time involved for this work will reduce.

5.41 As a result of the anticipated reduced workload and the general feedback received around the fee structure, a standard charge is proposed. Only where non compliance is observed costs for additional time to ensure compliance is proposed to be charged. This will give compliant pool owners a benefit for maintaining compliant pool fencing.

6. Options

6.2 The preferred option is to:

· keep dog control and non-food health licensing fees the same;

· introduce new food premises charges to reflect the level of time for staff to register and verify food businesses under the Food Act 2014;

· extend the circumstances to reduce alcohol licensing fees;

· amend property information charges to better reflect the level of service provided; and

· to reduce the monitoring inspection charge from the $210 fixed fee to $100 to cover the basic inspection. Only where non compliance is observed will additional time at $125 per hour be charged to a maximum of $500.00.

6.3 The recommended changes result in the charges for services being the most cost effective option for households and businesses.

7. Alignment with relevant Council policy

7.1 The recommended fees and charges are consistent with the required statutes and assist with achieving the stated funding policy in the Long Term Plan.

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

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

9. Consultation

9.1 No consultation has been undertaken with any external parties. Charges under the Food Act 2014 and Fencing of Swimming Pools Act 1987 will undergo a Special Consultative Procedure. Fees and charges for Dog Control services will be publicly advertised in accordance with section 37(6) of the Dog Control Act 1996.

10. Inclusion of Māori in the decision making process

10.1 No consultation with Māori has been undertaken.

11. Conclusion

11.1 A review of current fees and charges show that most charges are meeting the costs of providing the service and are comparable with similar sized and nearby Councils and the Ministry for Primary Industries.

11.2 Some changes are recommended to ensure the fees and charges are fair and reasonable and are met by those gaining the benefit of that service.

11.3 The fees and charges will apply from 1 July 2016 until they are changed by Council. While fees and charges will be reviewed annually by staff only charges that are recommended to change will be reported to Council. If no changes are proposed the fees will remain the same and no report will be made to Council.

Mandy Bishop

Manager Consents and Compliance

Attachments

Attachment 1: A1483521 Dog Control fees and charges

Attachment 2: A1483604 Environmental Health and other activities fees and charges

Attachment 3: A1488034 Statement of Proposal Food Act 2014 fees and charges

Attachment 4: A1488085 Circumstances to reduce alcohol licensing fees

Attachment 5: A1483610 Provision of Property Information fees and charges

Attachment 6: A1498999 Statement of Proposal Fencing of Swimming Pools Act 1987 fees and charges

Planning and Regulatory Committee

18 February 2016

REPORT R5248

Strategy and Environment Report for 1 October to 31 December 2015

1. Purpose of Report

1.1 To provide a quarterly update on activity and performance for the Council’s planning, regulatory and environmental programmes functions.

2. Delegations

2.1 The Planning and Regulatory Committee has the power to decide and perform duties relating to developing and monitoring policies, environmental monitoring and performance monitoring of Council’s regulatory activities.

3. Recommendation

THAT the report Strategy and Environment Report for 1 October to 31 December 2015 (R5248) and its attachments (A1474011, A1477377 and A1485599) be received.

Recommendation to Council

THAT Council note the notification of the Whakamahere Whakatu Nelson Plan is planned for early 2017 subject to confirming the timing of the consultation period for the annual plan.

4. Background

4.1 The report and attachments detail the performance monitoring of the Council’s activities and how these activities impact on or assist developments in our community, progress the Nelson Plan and deliver environmental programmes.

5. Discussion - Building

Summary of Issues

5.1 No issues to report in the second quarter.

Challenges

5.2 The number of building consent applications are still running to the ‘conservative’ projection for the second quarter; 190 projected and 191 were received up to 23 December 2015. In the second quarter of 2014/15 this number was only 171 so numbers are up on last year. Numbers are expected to rise in the next quarter as February and March historically are busier months.

5.3 The requests for ‘lodgement meetings’ for residential building consents has increased prior to the official ‘Go live’ in January 2016.The lodgement meetings assist to raise the level of applicant’s knowledge on what is required. The information sharing through the meetings is an essential step prior to any move to the receipt of electronic information which is planned for later in 2016.

Successes

5.4 The second quarter has seen no breaches of the statutory time limit for Building Consents, Code Compliance Certificates and Certificates of Acceptance.

5.5 Three staff members have completed their Diploma in Building Control Surveying Small buildings, or Medium and Large buildings (required under Regulation 18 of the BCA accreditation Regulations).

5.6 The Building Unit has signed a contract to offer processing of building consent services to the New Plymouth District Council and this is likely to be up and running in January 2016.

6. Discussion – Consents and Compliance

Summary of Issues

6.1 The Harbourmaster reports incidents of speeding on the water has ramped up with at least 29 incidents. Three vessels required assistance after running aground and there were two near misses at the marina boat ramp. The Navigation Safety Bylaw infringement regime took effect as of 25 December so dangerous actions or repeat offenders may now receive a fine.

Challenges

6.2 There has been a 25% increase in the number of resource consent applications received compared with last year.

Successes

6.3 The Harbourmaster’s team have actively been checking vessels for safety equipment and rewarding those that are compliant with petrol or coffee vouchers. 190 launches, 41 kayaks, 27 paddle boarders and two waka were checked with only two launches not correctly wearing or having lifejackets and three paddle boarders not having floatation devices.

6.4 Other water safety campaigns completed include the colouring in competition to be a harbourmaster for a day and encouraging sports clubs and other regular harbour users to have and correctly operate VHF radios to alert the appropriate authorities for any incident they see or are involved in.

7. Discussion – Environmental Programmes

Challenges

7.1 Environmental monitoring and data management to meet national reporting requirements and to inform freshwater management work as part of the Nelson Plan is increasing and will continue to do so.

7.2 There has been a focus on raising Marine biosecurity awareness across recreational fishers.

Freshwater and Monitoring

7.3 Scientific advice has resulted in water quality and flow information being linked to inform water quality loads and limit setting.

7.4 The Low Flow Management Team convened to implement the response to drought conditions, which have occurred early in the season. Flows reached a 5 year low requiring water restrictions in rural areas.

7.5 The Recreation Bathing Water Monitoring programme commenced in December and will run through to the end of March. Weekly monitoring results are now reported directly to the Land, Air and Water Aotearoa (LAWA) web portal.

7.6 Toxic blue green algae (also known as cyanobacteria) monitoring commended in October, with technical support from Cawthron. Moderate levels of cyanobacteria have been present.

Air Quality

7.7 There have been no further breaches of the National Environmental Standards for air quality limit of 50µg/m3 for PM10. The total number of breaches recorded for the calendar year was one - a level of 56µg/m3 was recorded at the St Vincent St site (Airshed A) on 30 May.

7.8 An agreement has been made with Nelson College and Victory Primary School to relocate the St Vincent Street meteorological monitoring station to The Broads playing fields. Council has agreed to work with the school to establish a new station using the mast purchased by the school and hardware and software supplied by the Council.

7.9 A ‘Good Wood – Buy Now’ campaign has commenced to encourage people to get their firewood early enough to ensure they have enough dry wood for next winter.

Nelson Nature

7.10 Council staff and the Department of Conservation (DOC) are now working together to deliver the outcomes for Nelson Nature. This utilises the technical expertise of DOC staff. To deliver the best possible outcomes for things like pest weed control it makes sense that DOC estate and all the land encompassed under Nelson Nature are integrated.

7.11 Work this year continues and includes:

· Terrestrial vegetation and fish monitoring to provide baseline information.

· Data collection systems to allow greater reporting.

· Taiwan cherry eradication.

· Community group work for weeding in the Codgers and Marsden Valley areas; Delaware Bay trapping work to protect banded rail and trapping across Nelson;

· Working with parties in significant natural areas;

· Stream care in the Wakapuaka area;

· Riparian management of rural and urban waterways to assist the management of freshwater.

· Management of discharges into the stormwater system to improve water quality.

· Change in presence and abundance of our native species is the goal over the next few years. For example; recent bird monitoring has found yellow-crested kakariki in the Maitai catchment. The goal would be to see many more of these birds.

Project Maitai/Mahitahi

7.12 Various streams of work are occurring under Project Maitai including:

· Low tide, dry weather monitoring at Collingwood St bridge swimming hole has continued to indicate generally low E.coli levels in the river, although levels are higher than during the winter. Duplicate monitoring at low and mid tide on the same day did not show tide-related increases in E.Coli levels.

· Dye testing of wastewater systems in the CBD area bordered by Bridge, Halifax, Collingwood and Trafalgar Streets did not show any leakage into the river.

· Combined Nelson Nature and Project Maitai/Mahitahi signs were erected at Pipers Reserve to promote the terrestrial and aquatic biodiversity work planned for the area.

· A collaborative freshwater education stand with the Friends of the Maitai was held at the Cawthron Celebrate Science Community Fun Day at the Victory Community Centre in November.

· A field trip was undertaken by the Maitai Freshwater Management Unit group to provide members with necessary context and a way to help reflect on and reality check the groups’ objectives and values at this stage of the process. The group comprises a range of external interested parties.

· Stream walk assessments looking at both utilities and environmental issues were completed for Maitai, Brook and York Streams in collaboration with infrastructure officers and Nelmac staff.

Environmental Education

7.13 The Enviroschools programme has had four recent reflection and celebration processes. Two Early Childhood Centres have reached Bronze level - Victory Square Kindergarten and Stoke Kindergarten - and two schools have reached Silver level - Tahunanui and Victory Primary School.

Calwell Slipway

7.14 The draft remediation action plan (RAP), dredging reclamation strategy and concept design for this project is now being peer reviewed, consultation has begun and the consenting process has started.

7.15 In February the project partners (MFE, PNL, NCC) will decide whether this project will proceed through to phase 4 (implementation). The outcomes will be reported to the next Planning and Regulatory Committee meeting.

Regional Pest Management Plan (RPMP)

7.16 The joint RPMP with Tasman District Council (TDC) is up for review this year (formerly the Regional Pest Management Strategy).

7.17 Work to start the RPMP review process will begin during January 2016, with a proposed RPMP to be reported to Council later in 2016.

Warmer Healthier Homes Nelson Tasman project

2014/ 2015 year

7.18 The scheme insulated a total of 145 houses across Nelson & Tasman, 102 houses in Nelson, 43 houses in Tasman. Refer attached report.

2015/2016 year

7.19 Up to the end of November 2015, 68 houses have been insulated under the scheme this year. Total funding confirmed to date is $420,000 (including $100,000 from NCC). The target is 155 houses.

8. Discussion – Planning

Challenges

8.1 The Planning team currently has a vacancy that will impact on the progress of the Freshwater, Coastal, and Hazards work-streams. This position is currently being recruited; additional consultant assistance has been engaged to fill the gap in the short term.

Successes

8.2 Council resolved to notify the Woodburner Plan Change on 17 December 2015 meeting.

8.3 The Planning and Regulatory Committee adopted the National Policy Statement – Fresh Water (NPS FW) progressive Implementation Plan and this has been publicly notified.

8.4 Council resolved to recommend Special Housing Areas to the Minister of Building and Housing.

9. Discussion – Draft Whakamahere Whakatu Nelson Plan

9.1 There have been a range of meetings held with iwi partners and key stakeholders. Community drop in sessions were held in Tahunanui, Nelson A and P Show, City Centre, and Stoke in November 2015.

9.2 Officers received suggestions from 288 people. The most popular topics were the built environment and City Centre development, freshwater, air quality and biodiversity. A range of suggestions were also received on broader non-Nelson Plan issues including transport operations, parks and community facility investment, water supply, the Maitai walkway, alcohol policy, solid waste and the arts. A full copy of the feedback is available in the Councillors Lounge and will be used to inform the development of the Nelson Plan.

9.3 During this quarter Council workshops were held for Growth Areas, Stoke, and Air topics. Flooding, Tsunami and Draft Regional Policy Statement workshops are planned in February and March.

9.4 Officers are currently drafting Regional Policy Statement provisions for the Nelson Plan that will be discussed at Council workshops in March 2016.

9.5 As outlined in the October 2015 Strategy and Environment report the overall timeframe for the Nelson Plan has been adjusted with notification planned for early 2017. A second round of community consultation with the community on the Draft RPS provisions in April 2016 and a third round of community consultation on the Nelson Plan rules early in 2017. Consultation with interested parties, key stakeholders and iwi is ongoing.

Development and Infrastructure

9.6 The joint TDC/NCC review of the Land Development Manual has progressed with an inter-Council steering group established to guide the review. Additional meetings have been had with stakeholders at their request. The majority of chapters have been aligned with a few outstanding issues requiring further work. These include an evaluation of the costs and benefits of Type A sub soil drains, integration of the stormwater section with both Councils flood risk response approaches, completion of the coastal inundation and freshwater flooding practice note/methodologies for determining ground and floor levels, and a legal review. A final draft is due for completion in April with a stakeholder workshop in early May. It is intended that the draft Joint Land Development Manual will got out for public comment in early 2017 to align with the Nelson Plan timeframe.

9.7 The Developers Advisory Group has had its second meeting. Topics of discussion were: the Nelson Housing Accord, city development projects, city demographics and projections, opportunities for inner city living, sub soil drains, flooding issues and the Land Development Manual review.

9.8 Officers worked with developers and landowners to bring potential Special Housing Areas to Council for recommendation to the Minister. Further work is required over the next few months to finalise the areas and satisfy MBIE in regards to supporting infrastructure, and to assist developers in preparing their applications for consent under the Housing Accord and Special Housing Areas Act 2013. Officers are working on a set of design requirements for Betts carpark to be included in a report to Council.

Freshwater

9.9 Freshwater Advisory Group meetings have been held for North Nelson (Wakapuaka and Whangamoa FMU), Stoke, and the Maitai. The groups have worked on freshwater values and objectives for these areas and comprise a number of external parties. The groups will be considering attributes and limits next.

Air

9.10 The Woodburner Plan Change was notified on 16 January 2016.

Hazards

9.11 The flood practice note for the Maitai River Flood Model has been drafted and feedback is being sought from developers. Draft flood models have been prepared for the Brook, York, Stoke and Nelson North catchments. These models will be presented at the 16 February Council workshop.

Designations

9.12 Work on designations continues and most will be rolled over without modification. Officers are involved in ongoing discussions with several requiring authorities including the NZTA, the Airport and both Nelson and Tasman Councils.

Research

9.13 New research received this quarter include reports on retail spending, housing preferences, groundwater resources, surface water allocation and coastal management. The Planning team have a summer student who is researching groundwater sources and industrial land supply.

10. Discussion – CBD Development

10.1 The resource consent to demolish and replace the Trathens building in Trafalgar Street has been granted without the need for a hearing.

10.2 Three apartments have been granted resource consent at 51 Collingwood Street.

10.3 The Urban Design Panel considered a proposal for 105 Bridge St to replace demolished buildings.

11. Earthquake Prone Building Policy

11.1 The Building Unit is still awaiting enactment of The Building (Earthquake-Prone Buildings) Amendment Bill. This is expected to occur in the early part of 2016.

11.2 No properties have been issued section 124 Notices in respect of the Earthquake Prone Buildings Policy over the second quarter.

11.3 One Notice has been lifted during the second quarter at the Methodist Hall Youth Centre at 94 Neale Ave Stoke.

11.4 No notices were lifted from Council buildings in the second quarter.

12. Discussion – Other Development

District

12.1 A couple of large subdivisions are being processed in Marsden Valley and Ngawhatu Road. These are the next stages of development of subdivisions already commenced. A resource consent for a comprehensive housing development has also been applied for on Marsden Valley Road.

12.2 The Rutherford Park redevelopment and Trafalgar Centre northern building replacement application is being processed. The project went to the Urban Design Panel in November and recommendations from that meeting were conveyed to the Council. The Stoke Community Centre hearing is scheduled for 20 January.

12.3 The Trolley Derby has been granted consent for the annual event. The Nelson Smallbore Rifle Association’s temporary relocation to the Reliance Building has been granted consent. A small retail and café business has been granted consent to operate in Ajax Ave.

12.4 The Hardy St Kids Early Learning Centre has applied to expand onto an adjoining property and increase hours of operation.

Regional

12.5 The application to drop bait over the Brook Waimarama Sanctuary has been limited notified.

12.6 Consent has been granted for a sculpture over Saltwater Creek and an application for the redevelopment of BP Haven Road has been received.

Development Trends

12.7 Comparisons for building consent applications received year to date with the last three years are provided in Attachment 2

12.8 The ‘new development’ element of building consent applications received for the second quarter were 37 applications for new dwellings, 14 other new commercial buildings which was up from the first quarters 4 applications (i.e. not office or accommodation) and 1 new industrial. All other consents were for building alterations.

13. Discussion – Legal Update

Proceedings

13.1 The proceeding regarding non action on a ‘Notice to Fix ‘for a residential retaining wall is adjourned until 17 February 2016 as the owner has been working on the building consent request for information.

Legislation Changes

13.2 Reforms to the management of marine protected areas have been proposed by the Government with submission closing 11 March. The changes propose recreational fishing parks in the Hauraki Gulf and Marlborough Sounds. The changes define marine reserves, species specific sanctuaries and seabed reserves to protect marine areas.

13.3 The Resource Legislation Amendment Bill 2015 (the Bill) will have implications for both Planning and Resource Consent processes. The Bill had its first reading in Parliament on 2 December and has been referred to the Local Government and Environment Select Committee. The Select Committee will set the timeframes for the public submission period (likely to close in the first quarter of 2016).

13.4 Rather than preparing a Nelson City Council submission on the Bill and the changes to marine protected areas, it is proposed Council rely on LGNZ submissions given resources in the Planning Team are allocated to the Nelson Plan work.

13.5 A summary of the main changes in the Bill can be grouped into three levels: National direction, Regional and District planning and Resource Consents and a brief description follows.

National direction

13.6 Changes proposed include: adding “the management of significant risks from natural hazards” to section 6 (supported by decisions on subdivision consents to consider the risks from all natural hazards); the creation of a National Planning Template; enhancing Ministerial powers to override Council provisions in policy statements and plans; minimising restrictions on land; a strengthening of monitoring requirements; removal of management of hazardous substances from Council functions, and changes to the National Policy Statement and National Environmental Standard processes.

13.7 Changes have also been made to avoid overlaps and duplications between other statutes such as the Reserves Act, Conservation Act concessions, the Exclusive Economic Zone (EEZ) Act consenting, along with changes to the Public Works Act to make land acquisition more efficient.

13.8 Implications for Nelson City Council will be the need to align with national templates and changes to National Policy Statements and Environmental standards, consider a wider range of hazards, and ensuring adequate supply of residential and business land.

13.9 Process changes will also mean that the Environment Court can direct Council to purchase land where land is rendered incapable of reasonable use via planning controls.

Regional and District Planning

13.10 The Bill introduces two new plan development tracks for Council:

13.11 The streamlined planning process will provide more flexibility in planning processes and timeframes and allow these to be tailored for specific processes such as limited notification for zoning changes; and

13.12 The collaborative planning process which encourages greater front end public engagement to reduce litigation at the end of the process.

13.13 There is also a statutory obligation on Council to invite iwi to form participation arrangements with Council such as our Iwi Working Group.

Resource Consents

13.14 Main changes include: a ten day consent process for simple consents; powers for Councils to waive the need for consents in some circumstances; notification decisions to discount effects already anticipated by the Plan; more powers to strike out submissions not based on evidence or on identified effects of the activity; a tightening of the scope of consent conditions to reflect actual practice; introducing a fixed (capped) fee regime; mandatory content and format for discharge and water permits; and removal of the ability to charge financial contributions.

13.15 A simple decision process has already been initiated to enable compliance with the ten day timeframe.

13.16 The Food Act 2014 legislation implications are covered in a separate report.

14. Cultural Impact Assessments for Council Resource Consents

14.1 Preparing Cultural Impact Assessments for Council resource consent applications was put out to tender and two contracts have been awarded.

15. Options

15.1 The Planning and Regulatory Committee has the option of receiving the report or seek further information.

16. Alignment with relevant Council policy

16.1 The Council’s Long Term Plan includes performance measures for various activities and this report enables the Council to monitor progress towards achieving these measures.

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

17.1 The decision is not a significant decision in terms of the Council’s Significance and Engagement Policy.

18. Consultation

18.1 No consultation has been undertaken.

19. Inclusion of Māori in the decision making process

19.1 No consultation with Māori has been undertaken.

Mandy Bishop

Manager Consents and Compliance

Attachments

Attachment 1: A1474011 Consents and Compliance statistics

Attachment 2: A1477377 Building Unit Statistics

Attachment 3: A1485599 - Warmer Healthier Homes - Nelson-Tasman & Marlborough Project Update Report 13 October 2015

Planning and Regulatory Committee

18 February 2016

REPORT R5173

Gambling Policy Review 2016

1. Purpose of Report

1.1 To review the Gambling Policy 2013 in accordance with the three yearly review cycle and decide whether changes should be considered.

2. Delegations

2.1 The Gambling Policy review falls within the delegated authority of the Planning and Regulatory Committee.

3. Recommendation

THAT the report Gambling Policy Review 2016 (R5173) and its Attachments (A363308, A1490371 and A1490344) be received.

Recommendation to Council

4. Background

4.1 Nelson City Council adopted its first Gambling Policy in 2003 in response to the requirements of the Gambling Act 2003. The Policy provides guidance on the requirements for territorial authority consent applications to operate and establish Class 4 (pokies) and Totalisator Agency Board (TAB) venues.

4.2 This review is a statutory requirement of both the Gambling Act (2003) and Racing Act (2003) and is not in response to any particular issue arising.

4.3 Section 101 of the Gambling Act 2003 and section 65D of the Racing Act 2003 set out the process by which territorial authorities must adopt and review Gambling Policies. In accordance with legislation, these policies are subject to review every three years.

4.4 The previous review, completed in 2013, reduced the cap on the number of class 4 gaming machines allowed in Nelson from 285 to 257, but otherwise left the policy unchanged.

4.5 Currently, gaming machines run over 13 sites with venues operating between 9-18 machines each.

4.6 The present number of gaming machines operating is 189 with the number of active licences within the district amounting to 195 as one venue is voluntarily operating a lower number of machines than its licence allows for.

4.7 Licenses for a further nine machines are still active as they fall under a legislative clause whereby an operator who has surrendered a premise’s license can reapply without territorial consent within a six month period.

4.8 This brings the total machines able to operate in Nelson to 204 (current as at 26 January 2016).

4.9 At this time there are no standalone TABs, however five venues operate NZ Racing Board self service terminals (kiosks) or publican managed TAB’s alongside Class 4 gaming machines. Currently territorial authority consent is not required to install an internet sports betting (TAB) kiosk.

4.10 Gaming machine venues are predominately located in the central city and Tahunanui with one location in Stoke.

4.11 Since 2011, incremental reductions in gaming machine expenditure have been recorded across New Zealand. However gaming machine spending still equates to approximately 40% of all gambling expenditure and remains the largest form of gambling undertaken. A statistic reflected in Problem Gambling Services’ primary client group. All other types of gambling expenditure (TAB, NZ Lotteries Commission, casinos) have seen significant increases across New Zealand during this time.

4.12 Council has received one application for a standalone TAB venue (2015) which was declined due to proximity to ATM machines. Council has one relocation application (currently pending) for relocation of a Gaming Machine Venue operating class 4 machines.

4.13 Council has received no feedback or significant interest in the Policy over the period since the last review, other than through the pre-review community feedback period which was initiated by officers.

5. Discussion

Community Feedback

5.1 In order to inform Council’s review of the Policy officers sought feedback on the existing Policy from a range of stakeholders including: previous submitters; sports groups; community groups; government agencies. Feedback predictably identified a wide range of views ranging from those who recognise the benefit the community receives from Gaming Trust/Foundation money to those concerned with the harm gambling causes.

5.2 Those who supported the reduction in the number of gaming machines predominantly came from organisations with an interest in problem gamblers and /or their families. In general these respondents advocated for a continued reduction in the cap with some advocating a sinking lid approach. Other groups noted the significant value that gambling proceeds contribute to community and sporting organisations.

5.3 There was also recognition of the large amount of work involved for stakeholders in submitting on a consultation and attending hearings to present views. Some questioned the value of putting stakeholders through this process if outcomes were not expected to change significantly as a result.

5.4 Feedback received during the informal consultation is listed in Attachment 2: Summary of informal consultation with stakeholders regarding the Gambling Policy 2013.

Cap on Class 4 Gaming Machines

5.5 At this review, Council can propose changes to any aspect of the Policy However much of the feedback from the pre-consultation focused on the cap on class 4 gaming machines. In this regard Council has the options of;

- maintaining the current cap of 257

- increasing the current cap

- reducing the current cap

- adopting a sinking lid approach

5.6 Under a sinking lid policy, when a venue surrenders its licence or has its licence suspended, the approved number of machines would automatically drop to the number of machines operating. However operators have a six month grace period (following licence suspense/surrender) to reapply to re-establish the gaming machines without requiring a council consent before the sinking lid cap would apply.

Relocation Policy

5.6 Since the 2013 review, there has been an amendment to section 101(5) of the Gambling Act 2003, which requires all territorial authorities to consider whether or not to adopt a relocation policy in their next review.

5.7 A relocation policy allows venues to move to new premises and retain the existing approval to operate Class 4 machines i.e. to effectively move gaming machines around the district. In doing so it must also consider the social impact of gambling in high-deprivation communities within the district.

5.8 This provision in the Act was intended as a tool to reduce the concentration of gaming machine venues in high deprivation areas (by allowing their relocation elsewhere). It also provides venue operators with security if they have to relocate from their venue due to unexpected reasons such as fire, flooding, sale or termination of building or lease. As experienced by venue owners in Christchurch following the earthquakes.

5.9 Adoption of a relocation policy would not allow for an increase or decrease in the number of gaming machines at the venue and/or within the district.

5.10 There were mixed views amongst stakeholders on the value of a relocation policy. A relocation clause is not recommended by officers as it seems it would have limited application in a smaller urban area such as Nelson.

5.11 The process of managing a transfer of machine venue licensing is managed by the Department of Internal Affairs. However if a territorial authority elects to include a relocation clause, this process must adhere to the territorial authority policy clause.

6. Options

6.1 Council will need to decide whether to propose amendments to the current policy or to leave it unchanged

6.2 Possible amendments have been outlined below:

Option	Advantages	Disadvantages
Introduction of a relocation clause	Allows for more certainty for venue operators Likely to be supported by venue operators and Gaming Trusts/Foundations Allows Council to include specific criteria if required	Requires an SCP (and all the community and Council resources that involves) May be seen to be making access to gaming machines easier
Reduction in the cap on gaming machines	Council seen to be taking a proactive approach to the reduction of gaming machines	Not likely to be supported by community groups reliant on grants from this source Requires a SCP
Adopt a sinking lid policy	Council seen to be taking a harder line on the reduction of gaming machines which would appeal to some stakeholders Policy would not require a special consultative process to be undertaken upon each review if Council wanted to continue cap reduction	Previously considered during 2013 review but not supported by groups reliant on gaming trust funds Creates additional and possibly unintended restrictions for gaming machine operators A sinking lid by definition means that no reallocation of machines would be possible Requires an SCP
No changes- maintain current policy	Policy appears to be working well Saves considerable resources by not requiring a SCP	Not supported by groups who wish to see continued downward pressure on the cap

6.3 Any amendments will require a special consultative process to be followed.

6.4 Review of the Policy is a balancing act for Council, given the distinct viewpoints collected. However given the apparent natural attrition of gaming machines, which is reflected throughout New Zealand, Council may consider that a reduction in the cap and introduction of a sinking lid is unnecessary at this time.

6.5 This approach would reflect the evidence that the current Policy appears to be effective and has attracted very little comment from the community. It also offers savings in resources for the large number of groups expected to submit on a consultation and for ratepayers.

6.6 Retaining the status quo needs to be balanced against the value of Council emphasising the harmful nature of Class 4 gambling through a consultation process and potential lowering of the cap.

6.7 The Policy, in accordance with legislation is to be reviewed every three years, and again in 2019.

7. Alignment with relevant Council policy

7.1 This report aligns with Council’s Social Wellbeing’s Policy’s objectives.

7.2 Nelson 2060 has been taken into account in the preparation of this report.

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

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

9. Consultation

9.1 Consultation was undertaken with a variety of community stakeholders. A summary of the results of this consultation is contained in Attachment 2: Summary of informal consultation with stakeholders regarding the Gambling Policy 2013.

9.2 Officers are of the view that no further engagement or consultation is required unless Council decide to make changes to the Policy where upon a special consultative procedure would need to be followed.

10. Inclusion of Māori in the decision making process

10.1 Maori were invited to provide feedback on the current policy in respect of its upcoming review. No feedback was received. A list of all the groups contacted is listed in Attachment 3: Consultation List.

11. Conclusion

11.1 Officers recommend retaining the current policy at this time for the following reasons:

- No significant public interest has been recorded between reviews

- The amendments on their own or in combination do not provide a compelling reason to undertake a SCP at this time

- The current Policy objectives support the purpose of the Gambling Act 2003 and Racing Act 2003

- The Policy, in accordance with legislation is to be reviewed every three years, and again in 2019

Gabrielle Thorpe

Policy Adviser

Attachments

Attachment 1: A363308 - Gambling Policy 2013

Attachment 2: A1490371 - Summary of feedback from informal consultation Gambling Policy review 2016

Attachment 3: A1490344 - Consultation list