Agenda of Planning and Regulatory Committee

N-logotype-black-wide Planning and Regulatory Committee

21 April 2016

Page No.

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

5. Confirmation of Minutes

5.1 18 February 2016 6 - 16

Document number M1711

Recommendation

THAT the minutes of the meeting of the Planning and Regulatory Committee, held on 18 February 2016, be confirmed as a true and correct record.

6. Status Report - Planning and Regulatory Committee - 21 April 2016 17 - 18

Document number R5773

Recommendation

THAT the Status Report Planning and Regulatory Committee 21 April 2016 (R5773) and its attachment (A1155974) be received.

7. Chairperson's Report 19 - 20

Document number R5779

Recommendation

THAT the Chairperson's Report (R5779) be received and the contents noted.

Regulatory

8. Parking and Vehicle Control Bylaw (2011), No 207 Amendment to Bylaw 21 - 26

Document number R5493

Recommendation

THAT the report Parking and Vehicle Control Bylaw (2011), No 207 Amendment to Bylaw (R5493) and its attachment (A1511934) be received.

Recommendation to Council

THAT the addition of Clause 22.2 of Bylaw 207 Parking and Vehicle Control to enable the recovery of costs for moving or removing an unauthorised vehicle parked in the licensed area for the operation of the Market between 3.00am and 2.30pm on Saturdays and Sundays be approved;

AND THAT the alteration to Schedules 5 and 9 of Bylaw 207 Parking and Vehicle Control to prohibit public parking in Montgomery Square for the operation of the Market be approved.

9. Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules 27 - 36

Document number R5605

Recommendation

THAT the report Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules (R5605) and its attachments (A1515405, A1515274, A1515439, A1515461, and A1515457) be received;

AND THAT the amendments detailed in report R5605 to the following Schedules of Bylaw No 207, Parking and Vehicle Control (2011), be approved:

- Schedule 4: Special Parking Areas;

- Schedule 9: No Stopping.

10. Public Forum: Voice Nelson - Proposal For Nelson City Council to adopt a Warrant of Fitness for Rental Housing 37 - 39

Document number R5760

Recommendation

THAT this report Public Forum: Voice Nelson - Proposal For Nelson City Council to adopt a Warrant of Fitness for Rental Housing (R5760) be received;

AND THAT the Planning and Regulatory Committee reassess the merits of a Warrant of Fitness for Rental Housing Scheme in May 2017.

Policy and Planning

11. Submission on Progressive Enterprises Ltd Private Plan Change Application 40 - 44

Document number R5658

Recommendation

THAT the report Submission on Progressive Enterprises Ltd Private Plan Change Application (R5658) and its attachment (A1518105) be received;

AND THAT the submission (A1518105) on the Private Plan Change application to the Tasman Resource Management Plan by Progressive Enterprises Ltd is confirmed.

Note:

· Youth Councillors Carys Collins and Taylah Shuker 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 18 February 2016, commencing at 9.35am

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

In Attendance: Councillors L Acland, P Matheson, G Noonan and T Skinner, Chief Executive (C Hadley), Group Manager Infrastructure (A Louverdis), Group Manager Strategy and Environment (C Barton), Senior Strategic Adviser (N McDonald), Manager Communications (P Shattock), Manager Administration (P Langley), Manager Consents and Compliance (M Bishop), Manager Environmental Inspections Limited (S Lawrence), Manager Planning (M Heale), Manager Environmental Programmes (D Evans), Team Leader Roading and Solid Waste (M Parfitt), Community Partnerships Adviser (G Thorpe), Administration Adviser (E-J Ruthven), and Youth Councillors (J Alison and K Phipps)

Apologies: Councillors E Davy and M Ward

1. Apologies

Resolved PR/2016/001

THAT apologies be received and accepted from Councillors Davy and Ward.

McGurk/Barker Carried

2. Confirmation of Order of Business

The Chairperson advised that there were two additional public forums.

3. Interests

Ms Paine noted that she had been appointed as an independent commissioner to the EPlan hearing.

4. Public Forum

4.1 Carolyn Hughes - Nelson Environment Centre

Carolyn Hughes, of the Nelson Environment Centre, gave a Power Point presentation (A1504411), and spoke about water conservation, and mechanisms to incentivise behaviour change to reduce the use of water.

She suggested that Council fund the Nelson Environment Centre (NEC) to support and deliver a pilot programme to encourage behaviour change. She added that, in the future, the NEC would charge for this programme, thereby making the programme self-funding.

In response to a question, Ms Hughes explained that rainwater collection was viewed as supplementary to, rather than replacing, piped water, and was intended to be used for non-potable uses, such as flushing toilets.

Attachments

1 A1504411 - Nelson Environment Centre - Power Point Presentation

4.2 Cynthia McConville

Cynthia McConville spoke to the Committee about freedom camping. She explained her concerns regarding freedom campers staying in carparks while not in self-contained campers, leaving rubbish at camp sites, and using Council facilities, such as the Riverside Pool changing rooms, in a manner inconsiderate to other users.

She asked the Council to consider following the practice in Queenstown, whereby contractors monitored freedom camping activities, clamped vehicles and imposed fines on campers breaching the freedom camping bylaw in force in the area. She suggested that Nelson City Council work together with Tasman District Council to enact a freedom camping bylaw.

In response to questions, Ms McConville explained her opinion that freedom campers were often not travelling on a limited budget, and that the cost of freedom camping was similar to hiring a car and staying at backpacker hostels.

4.3 Hilary Mitchell and Mary-Ellen O’Connor

Hilary Mitchell and Mary-Ellen O’Connor tabled documents (A1505146, A1505314, A1505317 and A1505323) and spoke to the Committee about warrants of fitness for rental housing. They explained that a group, named Voice Nelson, had been formed, and one issue that the group was concerned about was the condition of rental housing in Nelson, in particular, mould, dampness and condensation, inadequate heating and insecurity of tenure.

They explained that the University of Otago Public Health Research Unit was undertaking a rental housing warrant of fitness trial in Dunedin and Wellington, using Invercargill and Lower Hutt as control cities. They suggested that Nelson also take part in the trial, and noted that the Public Health Research Unit would welcome any further cities to take part.

In response to questions, Ms Mitchell and Ms O’Connor explained that the proposed inspection cost for landlords was $250, to cover a five year period. She said the scheme was cost-neutral to councils, and the Public Health Research Unit had a budget to assist with establishing the scheme, with on-going costs resting with landlords.

In response to further questions, they said the proposed alterations to the Residential Tenancy Act only required landlords to install insulation and smoke alarms by 2019 and that the onus remained on tenants to take action if landlords had not complied. They said that, given the under-supply of rental housing, tenants were unlikely to take action, and explained their opinion that the onus should be on landlords to provide safe and warm rental houses.

In response to further questions, they explained that the results of the pre-test suggested that a small percentage of landlords might consider increasing rent as a result of a warrant of fitness scheme.

Attachments

1 A1505146 - Voice Nelson Tabled Document - Warrant of Fitness Proposal

2 A1505314 - Voice Nelson Tabled Document - Background Paper

3 A1505317 - Voice Nelson Tabled Document - Pre-Test Results

4 A1505323 - Voice Nelson Tabled Document - Assessment Manual

Attendance: Councillor Copeland left the meeting at 10.22am.

5. Confirmation of Minutes

5.1 26 November 2015

Document number M1624, agenda pages 8 - 12 refer.

Resolved PR/2016/002

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.

McGurk/Lawrey Carried

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

Document number R5469, agenda pages 13 - 14 refer.

Resolved PR/2016/003

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

McGurk/Lawrey Carried

7. Chairperson's Report

Document number R5506, agenda pages 15 - 16 refer.

The Chairperson noted that Council provided a 50% subsidy towards landowners fencing waterways, and encouraged landowners to take this up.

Attendance: Councillor Copeland returned to the meeting at 10.26am.

There was a discussion regarding the update provided in relation to the Nelson Southern Link investigation. During discussion, it was clarified that invitations to this meeting had been issued through the Office of the Mayor, and were to specific elected members, rather than members of the Planning and Regulatory Committee.

There was a further discussion regarding the Resource Legislation Amendment Bill, during which it was noted there was a proposal for a national planning template, the potential fast-tracked plan change processes, and quicker consent processing times.

Resolved PR/2016/004

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

McGurk/Copeland Carried

Attendance: The meeting adjourned for morning tea from 10.31am to 10.41am, during which time Councillor Fulton left the meeting.

Regulatory

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

Document number R5273, agenda pages 17 - 24 refer.

Team Leader Roading and Solid Waste, Marg Parfitt, presented the report.

In response to a question, Ms Parfitt explained the location of the two proposed P120 car parks on Main Road Stoke.

Resolved PR/2016/005

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.

McGurk/Paine Carried

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

Document number R5303, agenda pages 25 - 51 refer.

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

Ms Bishop outlined the proposed dates for the Special Consultative Process that was required for to be followed:

· Consultation period – 29 March – 29 April 2016;

· Hearing – 19 May 2016;

· Deliberations – 2 June2016;

· Adoption by Council – 16 June 2016

In response to a question, Ms Bishop explained that consultation was required for fees and charges that had not previously been set. She added that previously, fees and charges had been consulted on every year, but that from this year onwards, consultation would only take place where alterations to fees and charges were proposed.

Resolved PR/2016/006

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.

McGurk/Copeland Carried

Recommendation to Council PR/2016/007

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.

McGurk/Copeland Carried

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

Document number R5319, agenda pages 52 - 90 refer.

Manager Consents and Compliance, Mandy Bishop, and Manager Environmental Inspections Limited, Stephen Lawrence, presented the report.

Ms Bishop outlined the proposed dates for the Special Consultative Process that was required for to be followed:

· Consultation period – 29 March – 29 April 2016;

· Hearing – 19 May 2016;

· Deliberations – 2 June2016;

· Adoption by Council – 16 June 2016

There was a discussion regarding alcohol licensing fees. In response to a question, Ms Bishop explained that officers could use their discretion to lower fees by one category. She added the reduction in fees would provide an incentive for businesses that did not take up much inspection time, to consider closing earlier.

There was a discussion regarding the charges set under the Food Act. In response to a question, Ms Bishop explained that officers anticipated initial inspections to take approximately one and a half hours. She said the fee reflected this time, and that inspections taking longer than this would be charged by the hour.

In response to a question regarding fees in relation to the fencing of swimming pools, Ms Bishop clarified that the monitoring charge was reduced to $100, with any additional time required charged at an hourly rate of $125, up to maximum of $500.

Resolved PR/2016/008

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.

McGurk/Barker Carried

Recommendation to Council PR/2016/009

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.

Copeland/Barker Carried

Policy and Planning

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

Document number R5248, agenda pages 91 - 116 refer.

Manager Consents and Compliance, Mandy Bishop, Manager Planning, Matt Heale, and Manager Environmental Programmes, Dean Evans, presented the report.

In response to questions regarding environmental programmes, Group Manager Strategy and Environment, Clare Barton, explained that Council had received advice that the physical location parameters around water flow and quality monitoring should change. She said this would improve the information gathered about water flow and quality, and that this would inform the development of the Nelson Plan, and improve information gathered nationally through the Land Air Water Aotearoa website.

Attendance: Councillor Fulton returned to the meeting at 11.12am.

In response to a further question, Mr Evans said the meteorological station was being moved, as infrastructure at the previous site meant that it was no longer suitable. He added that the station would add to the network of information gathered through the region, and would support the air quality programme.

In response to questions regarding the Building Unit, Ms Barton explained the agreement to process Building Consents for New Plymouth District Council was carefully managed, and both parties were clear that Nelson could only undertake this work where there was capacity to do so.

In response to questions regarding consents and compliance, Ms Bishop explained the rules regarding vessels occupying coastal areas. She said the harbourmaster monitored vessel activity on behalf of the Council, but that generally, vessels were moved often enough to not be considered occupying the coast.

Attendance: Councillor Lawrey left the meeting at 11.18am and returned to the meeting at 11.20am

In response to questions regarding Planning, Mr Heale explained that vacancies in the planning area had led to increased use of consultants. He added that Nelson Plan workshops had also been moved from March to April as a result.

In response to questions regarding resource consents, Ms Bishop explained that a 25% increase in resource consent applications was expected, and that approximately 430 applications were likely to be processed throughout the year.

Attendance: Her Worship the Mayor left the meeting at 11.30am, and returned to the meeting at 11.31am.

In response to a further question, Ms Barton said the cultural impact assessments were intended to encompass the views of all iwi, but that there was further opportunity for iwi to provide input through the notification process.

Resolved PR/2016/010

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

Paine/McGurk Carried

Recommendation to Council PR/2016/011

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.

Paine/McGurk Carried

12. Gambling Policy Review 2016

Document number R5173, agenda pages 117 - 132 refer.

Senior Strategic Adviser, Nicky McDonald, and Community Partnerships Adviser, Gabrielle Thorpe, presented the report. Ms McDonald advised that attachment 4 should be updated to reflect the cap under the current policy was 273. She added that, since the agenda was issued, Council had received an application from the TAB to establish premises in Nelson, but that they were having difficulties finding a location that did not violate the rule that no machines be placed within 100 metres of an ATM machine.

In response to a question, Ms Thorpe confirmed that the number of machines currently operating was 189, with a further 9 machines on suspended licence.

In response to a further question, she explained that, nationally, there was a decrease in the number of venues hosting gaming machines, and the number of gaming machines themselves, but that the amount spent in gaming machines was relatively static. She added that, nationally, there was a general increase in amounts spent in other forms of gambling, for example, through casinos.

There was a discussion regarding consultation with previous submitters and key stakeholders. In response to a question, Ms McDonald explained that a spectrum of views in relation to gaming machines remained, but the general response was the existing policy was working well, and a full review was not required.

During discussion, committee members expressed general support for a reduction in the number of gaming machines in Nelson, but noted that the rule excluding gaming machines from within 100 metres of an ATM machine appeared to be achieving this outcome, without the need for a Special Consultative Procedure considering other reduction methods, such as a sinking lid. It was suggested that, if there were an increase in the number of machines in the future, the policy could be reviewed and further reduction methods considered then.

Resolved PR/2016/012

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

Fulton/Copeland Carried

Recommendation to Council PR/2016/013

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.

Fulton/Copeland Carried

There being no further business the meeting ended at 12.00.

Confirmed as a correct record of proceedings:

Chairperson Date

Planning and Regulatory Committee

21 April 2016

REPORT R5493

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

1. Purpose of Report

1.1 To consider amending Bylaw 207 Parking and Vehicle Control (the Bylaw) to explicitly provide for the removal of parked vehicles from Montgomery Square for the operation of the market and to recover the costs of removing the vehicle.

2. Delegations

2.1 The Planning and Regulatory Committee has the area of responsibility for parking policy and regulation. Under the Local Government Act (schedule 7 clause 32) Council cannot delegate the making of a Bylaw. Changes to a Bylaw are making a Bylaw for that particular change.

3. Recommendation

THAT the report Parking and Vehicle Control Bylaw (2011), No 207 Amendment to Bylaw (R5493) and its attachment (A1511934) be received.

Recommendation to Council

AND THAT the alteration to Schedules 5 and 9 of Bylaw 207 Parking and Vehicle Control to prohibit public parking in Montgomery Square for the operation of the Market be approved.

4. Background

4.1 The Council has granted a licence to Nelson Market Ltd to occupy Montgomery Square during daylight hours every Saturday and Sunday for the purposes of operating a market (clause 2.1 of the licence). Pursuant to the licence, the Council is required, at its cost, to remove any vehicles and other items that will impede or restrict operation of the market from the licensed area by 6.30am each Saturday and Sunday (clause 5.18 of the licence).

4.2 Legal Advice is that to meet these obligations under the Bylaw including removal of vehicles from the licensed area by 6.30am every Saturday and Sunday morning, the Council must be able to refer to:

a) a relevant resolution of Council prohibiting parking in the licensed area during the period required to enable operation of the market; and

b) the relevant associated provision in the schedules; and

c) the relevant sign(s); and

d) road markings as appropriate.

4.3 Section 22AB of the Land Transport Act (LTA) enables the Council to include provision in any parking bylaw for the removal of vehicles from places where they are in breach of the bylaw and requiring payment of the reasonable costs of such removal. Nelson City Council’s Bylaw does not include such a specific provision.

5. Discussion

Council resolution

5.1 A resolution to prohibit unauthorised parking in the licensed area for the operation of the Market is recommended in this report. Market stall holders often leave their vehicles in the Square and the Bylaw needs to address this while providing the ability to remove vehicles not associated with the Market operation.

Provision in the Bylaw schedule

5.2 Part 2 of the Bylaw enables the Council by resolution and as defined in schedules and indicated by the display of signs and, where appropriate, road markings to regulate parking in Montgomery Square. Currently Schedule 5 refers to Montgomery Square as “Metered Carpark – P180” (identification number 2298). Schedule 12 identifies the time of operation of parking meters and pay and display areas as between 9am and 5pm weekdays and 9am to 2pm Saturdays.

5.3 Clause 4.2 of the Bylaw enables the Council by resolution to regulate any parking space by prohibiting, restricting or temporarily discontinuing parking for all vehicles or some vehicles, either at all times or during certain specified times.

5.4 Schedules 5 and 9 require amendments to prohibit public parking in Montgomery Square from 3.00am to 2.30pm Saturdays and Sundays. Only authorised vehicles (identified with a permit displayed on the dash) associated with the operation of the Market may park in the area during these times.

5.5 Clause 21.2 of the Bylaw states “the Council may remove or alter a work or thing which has been constructed in breach of this bylaw whether or not that thing is on private land in accordance with section 163 of the Act”. Section 163 of the LGA02 enables a local authority authorised by a bylaw to:

a) remove a thing that has been constructed in breach of a bylaw; and

b) recover the costs of removal from the person who committed the breach.

The wording of section 163 and removal of a “thing… constructed” in breach of a bylaw is not a comfortable fit with removal of a vehicle parked in breach of a bylaw.

5.6 The uncertainty of whether the Council can recover the costs of removal of vehicles under the Bylaw could be resolved by amending the Bylaw to make express provision for recovery of reasonable costs. The cost of moving a vehicle is $95.00 inclusive of GST. The Council can also charge an infringement fee for vehicles parked in breach of the Bylaw.

Signs

5.7 Current signage states “No Parking – Sat-Sun – 3.00am-2.30pm – Market Days – Vehicles may be moved or towed”. The signage is adequate as long as the Bylaw is amended to reflect this specific requirement.

6. Options

6.1 One option is to leave the Bylaw unchanged. This is not recommended as there is some degree of risk that the current practice to move vehicles for the market operation and charge for their removal is not properly authorised under the Bylaw.

6.2 The recommended option is to amend the Bylaw to include specific references to prohibit parking during the operation of the markets and reasonable costs be recovered should vehicles be in breach of the Bylaw and need to be moved.

6.3 This will remove the existing uncertainty and enable costs to be recovered from the offender rather than the ratepayer. There will be some increase in associated costs to Council however and this is yet to be quantified. Parking Warden patrol hours on Saturday will need to be extended (by approximately 3 hours) to infringe and arrange for the moving of the offending vehicles.

7. Alignment with relevant Council policy

7.1 The purpose of this report is to align current and expected practices with provisions in the Bylaw to ensure the regulation of parking to enable the market operation is clear to members of the public, market operators and Bylaw enforcers.

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. The impact of changes is positive for both the Market operator and the ratepayer. The only negative impact is on the offender who will potentially need to pay a charge for ignoring the no parking signage.

8.2 Last year 68 vehicles were moved at a cost of $95 per vehicle. It is anticipated that once vehicles start getting fined the frequency of offending will reduce.

9. Consultation

9.1 Section 156 of the Local Government Act 2002 states when amending a bylaw a local authority must use the special consultative procedure if the matter is identified as being of significant interest to the public or the authority considers there is, or likely to be, significant impact on the public from the change. As identified in section 8 of this report the changes to the Bylaw are not considered significant.

9.2 Legal advice confirms a Special Consultative Procedure is only required if the change is a matter identified in the Council’s Significance and Engagement Policy as being of significant interest to the public or the Council considers there is likely to be significant impact on the public. The Council is still required however, to give effect to the consultation principles in section 82 of the Local Government Act. The advice concludes in these circumstances it is reasonable to conclude no public consultation is necessary.

9.3 Consultation has been undertaken with the operators of the market and Environmental Inspections Limited as the enforcement of the Bylaw is to be carried out by duly appointed Parking Wardens or Enforcement Officers.

9.4 The market operator understands the reasons for this change and wishes to continue to work with Council on the detail of how it is enforced. For example they prefer an educative approach with visitors.

9.5 Officers acknowledge that while locals should be aware the market operates at the weekends, no parking fines have been issued for parking in the area during the market operating times to date. Officers will place information in Live Nelson and on our website advising the public when the infringement of parking offending in Montgomery Square due to the market operation will commence. Warnings are likely to be given to visitors who did not notice the signs.

10. Inclusion of Māori in the decision making process

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

11. Conclusion

11.1 Additions to Clause 22 and Schedules 5 and 9 of the Bylaw are proposed to specifically prohibit public parking in Montgomery Square for the operation of the Market and to enable the recovery of costs to move any unauthorised vehicle.

Mandy Bishop

Manager Consents and Compliance

Attachments

Attachment 1: A1511934 Proposed Changes to the Parking and Vehicle Control Bylaw

Planning and Regulatory Committee

21 April 2016

REPORT R5605

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 schedules of 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 (R5605) and its attachments (A1515405, A1515274, A1515439, A1515461, and A1515457) be received;

AND THAT the amendments detailed in report R5605 to the following Schedules of Bylaw No 207, Parking and Vehicle Control (2011), be approved:

- Schedule 4: Special Parking Areas;

- Schedule 9: No Stopping.

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 schedules require updating since the last update in February 2016.

5. Discussion

5.1 Schedule 4 : Special Parking areas

5.1.1 Alton Street P15

As part of a place making trial approved by Council in January 2014 an area outside the Fish and Chip shop in Alton Street where two P15 car parks had previously existed has been formalised for outside dining. This trial ends in December 2016. Feedback gathered as part of the monitoring of that trial has shown a desire to maintain short term parking on the street frontage to meet the needs of local store owners and operators. What currently remains on the street frontage are P60 car parks that are often fully occupied by students attending the nearby NMIT. When initially consulted about the place making trial (a requirement by Council), neighbouring store owners had incorrectly assumed the P60 would be replaced by P15. They now request the P60 be made time limited P15. Proposed changes are shown in Attachment 1.

5.1.2 Accessible car parks – Trafalgar Street CBD

Officers recommend installation of 6 accessible car parks in the central CBD Trafalgar Street as shown on Attachment 2. Two accessible parks are currently located in Trafalgar Street, south of Hardy Street. Officers have received repeated requests for more bays in Trafalgar Street for those who cannot walk far. Demand is outside NCC offices, State Cinema, and section of Trafalgar Street between New Street and Hardy Street. This is a service to a small but growing sector of the driving community. Officers note that accessible car parking permits provide for people who cannot walk any significant distance for many reasons and are not just limited to wheelchair users. In the past Council officers were hesitant to allow accessible car parks where angle parking exists due to activity associated with rear loading wheelchair vans in proximity to the traffic lane. Discussion with both CCS (who administer the scheme) and the Accessibility for All Forum concluded the proposed car parks are primarily aimed at those who cannot walk long distances but are not for use by wheelchair vans and that they are appropriate. The 6 locations are well spaced and result in no loss of other parking spaces. Ramps or kerb cut-downs will be installed at these locations within allocated budget.

5.2 Schedule 9 : No Stopping

5.2.1 St Vincent Street

Business owners in the vicinity of 107 St Vincent Street have approached officers expressing concern about poor sight lines when their customers exit the premises off road car parks. After subsequent investigation it is proposed to extend yellow No Stopping lines and remove 2 car park spaces either side of the entry/exit to the complex to improve visibility for exiting vehicles as shown in Attachment 3.

5.2.2 Vanguard Street - New World Car park access Car park development attached to the New World Supermarket in Vanguard Street has created a new driveway access. Resource consent conditions require No Stopping to be installed for safety reasons as shown in Attachment 4. There is no net loss of on-street car parking as a result of these changes.

5.2.3 Rogers Street

Truck movement patterns at the Port Nelson have changed since the weighbridge was relocated. There are more truck movements into Rogers Street from Vickerman Street. Cars parked near the intersection force turning trucks into the opposing lane and safety concerns have been raised. Proposed “No Stopping” lines to be installed 18 metres from the intersection and shown in Attachment 5 would improve safety at this site.

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. In addition CCS and Accessibility for all have been involved in discussion regarding accessible car parks in Trafalgar Street.

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 and 9 of the bylaw to allow for parking and safety improvements.

Margaret Parfitt

Team Leader Roading and Solid Waste

Attachments

Attachment 1: A1515405 - Proposed P15 Alton Street

Attachment 2: A1515274 - Proposed accessible car parks Trafalgar Street CBD

Attachment 3: A1515439 - Proposed No Stopping St Vincent Street

Attachment 4: A1515461 - Proposed No Stopping, Vanguard Street

Attachment 5: A1515457 - Proposed No Stopping , Rogers & Vickerman Streets - Port Nelson

Planning and Regulatory Committee

21 April 2016

REPORT R5760

Public Forum: Voice Nelson - Proposal For Nelson City Council to adopt a Warrant of Fitness for Rental Housing

1. Purpose of Report

1.1 To assess the proposal made by Mary Ellen O’Connor, on behalf of Voice Nelson, relating to adopting a warrant of fitness for rental housing.

2. Delegations

2.1 The Planning and Regulatory Committee has the area of responsibility for building control.

3. Recommendation

THAT this report Public Forum: Voice Nelson - Proposal For Nelson City Council to adopt a Warrant of Fitness for Rental Housing (R5760) be received;

AND THAT the Planning and Regulatory Committee reassess the merits of a Warrant of Fitness for Rental Housing Scheme in May 2017.

4. Background

4.1 At the Planning and Regulatory Committee meeting public forum on 18 February 2016, Mary Ellen O’Connor requested that Nelson City Council consider adopting a warrant of fitness for rental housing. Ms O’Connor provided information on a pilot warrant of fitness study, undertaken in 2014 by Otago University, where 144 rental houses across Auckland, Christchurch, Dunedin, Tauranga and Wellington were assessed.

4.2 Dunedin and Wellington City Councils are beginning to implement a monitoring regime and plan to roll out rental housing warrants of fitness.

5. Discussion

5.1 The aim of a rental housing warrant of fitness is that by monitoring and checking rental housing any deficiencies in key facilities and amenities will be highlighted.

5.2 Contact was made with the Otago University team that ran the pilot study in 2014 and as a result some concerns have been raised which are summarised below in Table 1.

Table 1.

Item	Discussion point	Concern
1.0	Legislation to enable enforcement.	Otago University has cited two pieces of legislation to cover the warrant of fitness: The Housing Improvement Act 1947 Building Act 2004 –under s124 (Dangerous and Insanitary Properties) This is really reserved for severe circumstances. Enforcement options are limited under these statutes and it would appear owners can only be advised. Actually requiring them to do the work would be difficult to enforce
2.0	Recovery of costs for the work to provide this service.	The Local Government Act requires the recovery of costs to be by the way of Special Consultative Process or a bylaw. The legislation cited by Otago University has no mechanism for cost recovery for a warrant of fitness for rental housing.
3.0	Impact on lessees.	The situation where people lease low cost property is usually as a result of limited financial means. If Landlords are required and do upgrade facilities then it is possible the costs will be on charged to the lessees. This potentially may mean the accommodation is no longer financially viable for them.

5.3 The idea of warrants of fitness is supported however, there are concerns around the legislation being used, cost recovery and potential impacts on lessees. It would seem prudent to assess the success of the warrant of fitness process once it has been undertaken for a period by Wellington and Dunedin City Councils.

6. Options

6.1 To review the items raised in this report and revisit the matter in 12 months time. With a full year of this work being executed by the Wellington and Dunedin Councils better information should be available to enable a more informed decision to be made.

6.2 Alternatively initiate a rental housing warrant of fitness programme now in Nelson. For the reasons identified in Table 1 and potential cost and staff resourcing implications, which have not been quantified, this option is not supported by officers.

7. Alignment with relevant Council policy

7.1 Goal Nine of Nelson 2060’ Everyone in our community has their essential needs met’ is relevant.

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

8.1 This decision is not significant under the Council’s Significance and Engagement Policy.

9. Consultation

9.1 No consultation has been undertaken.

10. Inclusion of Māori in the decision making process

10.1 No consultation with Māori has been undertaken.

11. Conclusion

11.1 The potential health risks for persons living in poor condition rental housing must be considered seriously. Though it must be noted that it is acknowledged that much of the older housing stock in New Zealand can be in a similar condition however there are only limited territorial authority powers to rectify this.

11.2 Finally there is duty on all home owners and landlords to maintain and keep their properties from falling into disrepair to avoid health risks to their family and any lessee.

Martin Brown

Manager Building

Attachments

Nil

Planning and Regulatory Committee

21 April 2016

REPORT R5658

Submission on Progressive Enterprises Ltd Private Plan Change Application

1. Purpose of Report

1.1 To confirm Council’s submission to Tasman District Council on the Private Plan Change application by Progressive Enterprises Ltd to rezone approximately 1.3ha of land from Residential to Commercial at 144 Salisbury Road (Cnr Salisbury and Champion Roads) to accommodate a Countdown supermarket, small scale retail/commercial development, and a community facility.

2. Delegations

2.1 The Planning and Regulatory Committee has the area of responsibility for resource management. The Committee can perform all functions, powers and duties relating to the areas of responsibility conferred on Council by relevant legislation.

3. Recommendation

THAT the report Submission on Progressive Enterprises Ltd Private Plan Change Application (R5658) and its attachment (A1518105) be received;

AND THAT the submission (A1518105) on the Private Plan Change application to the Tasman Resource Management Plan by Progressive Enterprises Ltd is confirmed.

4. Background

4.1 Progressive Enterprises Ltd has requested a Private Plan Change to the Tasman Resource Management Plan (TRMP) to provide for the development of a Countdown supermarket; other small scale retail/commercial development; small community facility (such as a medical centre or childcare facility); and associated car parking, access and landscaping.

4.2 The Plan Change request relates to the rezoning of a portion of land at 144 Salisbury Road, on the corner of Salisbury and Champion Roads on the Tasman side of the Nelson/Tasman local authority boundary.

4.3 Tasman District Council has accepted the Private Plan Change request and publicly notified the Plan Change on the 12 March 2016. Submissions close on 26 April 2016.

5. Discussion

5.1 The draft submission is in opposition to the plan change, with specific matters of submission being:

5.1.1 That the effects of the proposal on the transport network in the area are considered to potentially be more than minor.

5.1.2 That the effects of an additional supermarket and other retail/community activities in this location on the social and economic wellbeing of Stoke centre are potentially more than minor.

6. Options

6.1 Council has the option of making a submission, or not, on the Private Plan Change application. In making a submission Council is ensuring that the potential adverse effects of the Countdown supermarket and associated development on the transport network and the vitality of Stoke centre is considered in the decision making process.

6.2 Council can further refine its submission through the further submissions and hearing process. Council’s submission can also be withdrawn at any time, should the matters be resolved. If Council does not make a submission then there can be no participation in the plan change process, nor any appeal rights.

7. Alignment with relevant Council policy

7.1 The content of the submission has been informed by, and aligns with, the outcomes Council seeks through Nelson 2060, the Nelson Plan review process, the Nelson Resource Management Plan, the Regional Land Transport Strategy and the draft Stoke Strategy.

7.2 Expert economic and transportation advice may be required to support the submission and provide evidence as part of the hearing process.

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

8.1 This is not a significant decision under Council’s Significance and Engagement policy.

9. Consultation

9.1 No external consultation has been carried out in preparing this submission.

10. Inclusion of Māori in the decision making process

10.1 Maori have not been consulted in regards to this submission.

11. Conclusion

11.1 This report seeks confirmation that a submission be lodged with Tasman District Council on the Private Plan Change application by Progressive Enterprises Ltd opposing on the following grounds:

11.1.1 That the effects of the proposal on the transport network in the area are considered to potentially be more than minor.

11.1.2 That the effects of an additional supermarket and other retail/community activities in this location on the social and economic wellbeing of Stoke centre are potentially more than minor.

Lisa Gibellini

Senior Planning Adviser

Attachments

Attachment 1: A1518105 - Submission to TDC on Plan Change 62 Progressive Enterprises Ltd