Agenda of Planning and Regulatory Committee

Planning and Regulatory Committee

1 December 2016

REPORT R6580

Strategy and Environment Report for 1 July to 30 September 2016

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. Summary

2.1 The performance of the Strategy & Environment Group continues to meet statutory requirements. There has been considerable engagement with developers and the community as part of the Nelson Plan process. Environmental Programmes are achieving tangible environmental improvements through the programmes of work as outlined in the report.

3. Recommendation

That the Committee

Receives the report Strategy and Environment Report for 1 July to 30 September 2016 (R6580) and its attachments (A1631318 and A1664470).

4. Background

4.1 The report and attachment 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

Challenges

5.1 The building unit is participating in an industry led initiative to implement a consistent on-line application process for building consents (known as Go-Shift). This will require coordination on a national basis and in particular aligning processes with Tasman District Council.

6. Discussion – Consents and Compliance

Challenges

6.1 There has been a 47% increase in the number of resource consent applications received in this quarter compared to the same quarter last year. There are six notified or limited notified applications and only nine were processed in the whole of the previous year. This has increased workloads and required coordination of external parties to get the consents processed on time.

7. Discussion – Environmental Programmes

Challenges

7.1 The review of Nelson’s environmental monitoring data for the Land, Air, Water Aotearoa (LAWA) 2015 data refresh and launch has required a concerted effort across various council teams and regional councils. The content of the LAWA website will be demonstrated at the Committee meeting.

Successes

7.2 Project Maitai/Mahitahi stakeholder meetings have been held to confirm the work programme for the 2016/17 year. The Groom Creek Wetland, Maitai Planting, Almond Tree Flats Ford, Cyanobacteria Action Plan and communications projects are continuing from last year and there will be two new projects: Urban Water Quality, and York Stream Focus.

7.3 Nelson Nature: Work with existing community groups is continuing and includes volunteer planting and weeding in significant natural areas.

7.4 A number of Nelson’s schools are involved with caring for urban and rural streams. Across the school network at all age levels, there is high interest in monitoring, planting, and caring for streams.

7.5 A workshop recently held with the aim of supporting existing volunteers in this work, and recruiting more in conservation work, saw a good turnout from established groups. Continuing to support these groups (such as Paremata Flats, Forest and Bird, Friends of the Maitai) in their efforts will be important to build a stronger volunteer network.

7.6 The Taiwan cherry eradication programme has continued throughout early spring with flowering trees continuing to be targeted in the Dodson Valley area.

7.7 The Nelson Nature video stories have been released every few weeks on Council’s Facebook page and have been well received with a very high numbers of views. There is growing public awareness of, and interest in, the programme.

http://nelson.govt.nz/environment/biodiversity-2/nelson-nature/nelson-nature-videos/marsden-valley-pest-trapping/

http://nelson.govt.nz/environment/biodiversity-2/nelson-nature/nelson-nature-videos/working-with-private-landowners/

7.8 A new meteorological station has been established and is up and running at The Broads playing field. The 12 metre mast was provided by Victory Primary School after a bequest from Peter Lamb, an ex-student who was a weather science expert. Software and maintenance is provided by the Council. The station provides essential information for the Council’s air monitoring programme and will also be of great educational value for school students.

7.9 There have been 10 Regional Pest Management Plan (RPMP) stakeholder meetings held over the last quarter. These were to inform the range of relevant stakeholders of the upcoming process, seek initial feedback on pests of concern to them and highlight when and where they can engage as the review progresses. The joint Regional Pest Management Committee (Nelson and Tasman) met on 21 September to consider this feedback and adopt principles and processes to provide context for drafting the Plan which will be considered at the next Committee meeting in March/April 2017.

7.10 The Top of the South (TOS) Marine Biosecurity Partnership has sent a letter to invite Wellington Regional Council to engage in marine biosecurity, to participate and contribute to partnership meetings and to consider joining the partnership long term.

8. Discussion – Planning

Challenges

8.1 An amended National Environmental Standard (NES) on Air Quality, and a more advanced version of the NES on Plantation Forestry are now not expected until the next quarter, at the earliest. The National Policy Statement Urban Development Capacity came into effect on December 2016. The potential impacts will be reported to Council when they are known.

Successes

8.2 The decision of the hearings panel on the Woodburner Plan Change to the operative Nelson Air Quality Plan attracted no appeals and has been formally made operative by Council. Building consent applications for ultra-low emission burners are now being lodged. 44 Burner Allocation Certificates have been issued as at 6 October 2016 with 14 in Airshed B2 (Stoke) and 30 in Airshed C.

8.3 Regional environmental monitoring and reporting that has contributed to the Environment Aotearoa 2016 report, LAWA and annual scorecards.

8.4 Three further Special Housing Areas have been gazetted by Cabinet. This brings the total to 14, for which resource consent applications have been received for 11 of these, providing a total supply of 469 residential units.

9. Discussion – Draft Whakamahere Whakatu Nelson Plan

9.1 Technical work to support the development of the Nelson Plan provisions is continuing. These include a review of marine water quality standards, the development of an inventory of marine ecological values, and the completion of freshwater catchment issues, causes, qualities, attributes, standards and limits reports.

9.2 Feedback on the Draft Regional Policy Statement (RPS) is informing its further refinement and this will be brought to the next Committee meeting.

Development and Infrastructure

9.3 The joint Tasman District Council (TDC) and Nelson City Council (NCC) review of the Land Development Manual has progressed under the guidance of an inter-council steering group. The draft was workshopped with stakeholders on 6 July and comments on the draft were received up until the end of August. A further Steering Group meeting has been held with direction given to staff on how to respond to the development industry feedback received. The next draft is due by the end of December to enable staff to prepare for formal consultation in February/March.

9.4 The resource consent for Bett’s carpark has been issued under Housing Accord and Special Housing Areas Act (HASHA).

9.5 The TDC hearing for Progressive Enterprise’s supermarket on Champion Road occurred on 10 October 2016. There has been an adjournment for Progressive’s to provide further information on the social and economic flow on effects on Stoke and Richmond and for TDC to provide transport information.

9.6 Officers are working on supply and demand estimates for residential, rural and business land. In conjunction with TDC, a growth model is being developed by an economics consultancy to forecast demand for business land.

Freshwater

9.7 The National Policy Statement for Freshwater Management 2014 (NPS-FM) directs how local authorities should carry out their responsibilities under the Resource Management Act 1991 for managing freshwater. The NPS – FM requires that freshwater quality be maintained or improved and that Councils follow a specific process to identify values and then set limits. A diagram showing the cascade of values to limits is attached.

9.8 Work in the freshwater space has been busy over the last quarter, with a combined Freshwater Working Group meeting held on 28 July and three individual group meetings held in early September. These meetings were held in parallel with Iwi Working Group meetings. The July meetings were a means to present the initial findings of work completed to identify the state of and factors affecting Nelson’s water quality; and to outline the work that is underway to inform and identify minimum flows and allocation limits for the Nelson Plan. The September meetings were interactive workshops and participants discussed options for numeric water quality objectives and limits.

9.9 A webpage on the Council website has been created to provide further information to the community and our working groups on the freshwater planning process. The page also includes useful information and technical reports to encourage discussion and information sharing. The freshwater working group page can be viewed at http://nelson.govt.nz/environment/water-3/freshwater-working-groups.

Biodiversity

9.10 Council officers have concluded an initial round of engagement with landowners who have significant biodiversity values on their properties, on their preferences for legal protection under the Nelson Plan and assistance via Nelson Nature.

Air

9.11 The hearing panel’s decision on the Woodburner Plan Change was released in July 2016, made operative on 19 September, and provides for 1598 Ultra Low Emission Burners across Airsheds B2 (Stoke) and C (Brook/Atawhai). The focus is now on implementing a behaviour change programme to reduce emissions from smoky chimneys.

9.12 The review of the Air Plan is included as part of the Nelson Plan process.

Hazards

9.13 Work on flood modelling for the Maitai, Brook and York Streams is continuing. Alongside other modelling work that has and is being undertaken, this information will be used to inform the risk based approach to hazards to be incorporated into the Nelson Plan. The results of the flood modelling will be discussed with the community as part of the wider engagement on the Nelson Plan scheduled for early 2017. Once finalised flood model information will be included on Land and Property Information Memoranda.

Designations

9.14 Work on designations continues with most requiring authorities having now responded and signalled whether they want the designation to continue or not. As expected, responses vary from rollover without modification to significant changes.

Heritage

9.15 Category C heritage items and Local Trees have been reassessed. A number of new nominations have also been assessed to determine their heritage significance. Consultants have fully reviewed the region’s listed archaeological sites. A review of heritage, tree and archaeological rules is underway.

10. Development

District

10.1 A four storey apartment building has been approved in Ajax Avenue.

10.2 Consent has been granted for the container retail development in Bridge Street.

10.3 The replacement of the airport terminal, new freight and rental car buildings and associated changed parking layout plans have been approved. Two building consents have been lodged relating to drainage and control tower foundations at the airport.

Regional

10.4 Consents have been granted to replace the Wakefield Quay jetty where the Haulashore Ferry and other vessels moor currently.

Development Trends

10.5 Building applications for the first quarter have exceeded projected numbers. Comparisons for building consent applications received for the year with the last three years are provided in Attachment 1.

10.6 Overall, numbers of consents have trended up on the projected numbers for the first quarter. 258 consents have been received compared to 208 for the previous year first quarter. The additional numbers were largely due to 55 ultra low emission solid fuel burner consents being granted in the first quarter, 44 of them being granted in September.

10.7 The ‘new development’ element of building consent applications received for the quarter totalled 57 applications for new dwellings and 11 new commercial buildings. This was an increase on the first quarter of last year where 31 new dwellings and four new commercial applications were issued.

11. Discussion – Legal Update

Proceedings

11.1 The proceedings regarding non action on a ‘Notice to Fix’ for a residential retaining wall have progressed with construction underway on site and the first inspection undertaken.

11.2 Prosecution has resulted in a guilty plea for the owner of a dog that attacked a person walking on the footpath on Waimea Road.

Legislation Changes

11.3 The Ministry for the Environment advises a report back date of May 2017 from the select committee regarding Resource Management Act changes. If passed some provisions would have immediate effect and others would be six months from enactment.

11.4 The Environmental Protection Agency is currently consulting on changes to hazardous substances management systems.

11.5 The Ministry of Business, Innovation and Employment is currently consulting on proposals for regulations under the Building (Earthquake-prone Buildings) Amendment Act 2016.

12. Options

12.1 The Planning and Regulatory Committee has the option of receiving and approving the report or seeking further information.

Mandy Bishop

Manager Consents and Compliance

Attachments

Attachment 1: A1631318 - Building and Consents and Compliance statistics ⇩

Attachment 2: A1664470 - The National Policy Statement Freshwater Management Flow Chart ⇩

Planning and Regulatory Committee

1 December 2016

REPORT R6620

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

1. Purpose of Report

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

2. Recommendation

That the Committee

Receives the report Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules (R6620) and its attachments (A1643629, A1643649, A1652329, A1652334, A1652336, A1653039, A1653192, A1653689 A1653959 and A1665142); and

Approves amendments detailed in report R6620 to the following schedules of the Bylaw No 207, Parking and Vehicle control (2011):

- Schedule 4: Special Parking Areas

- Schedule 8: Time Limited Parking Areas

- Schedule 9: No stopping

- Schedule 13: Stop Signs

- Schedule 14: Give Way Signs

3. Background

3.1 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 August 2016.

3.2 Minor alterations and additions are proposed to Schedules 4, 8, 9, 13 and 14 of the bylaw to allow for parking and safety improvements.

4. Discussion

4.1 Schedule 8: Time limited Parking areas

4.1.1 Millers Acre

It is proposed to change one carpark in the Millers Acre from P30 to P60 to facilitate provision of a fast charging point for electric vehicles. Most vehicles require 40 minutes to fully charge. The exact location is shown in Attachment 7.

4.2 Schedule 9: No Stopping

4.2.1 Point Road

The Nelson Airport, on behalf of Airways Air Traffic Control, have requested no stopping lines and regulatory signage to be installed on Point Road to ensure reliable operation of the new navigational equipment that came into operation on 9 November. The location and signage are shown in Attachment 1.

4.2.2 Marsden Park Stage 4A - Elderberry Lane

The newly completed Elderberry Lane, requires the installation of yellow ‘no stopping’ lines within the cul-de-sac as shown on Attachment 2.

4.2.3 Waimeha Stage 2A Mako Street

The newly completed section of this subdivision requires the installation of yellow ‘no stopping’ lines within the cul-de-sac and residential lane as shown in Attachment 3.

4.2.4 Three Ridges Stage 2A - Coster Street

The newly completed section of this subdivision requires the installation of yellow ‘no stopping’ lines on the corner as shown in Attachment 4.

4.2.5 Early Settlers Memorial carpark – Wakefield Quay

Regulatory staff during routine patrols have noted that vehicles are regularly parking in front of the bollards that access the Stix café/restaurant. These are not designated parking areas and officers recommend “no stopping lines” as shown in Attachment 5

4.2.6 Riverside Terrace

Since installation of bollards to protect grass in this area residents have informed council that cars parking in the narrow lane have made it difficult to access private driveways. There is existing no stopping in the turning head and it is proposed to mark No stopping on both sides from where Riverside Terrace narrows as shown in Attachment 8.

4.2.7 Chamberlain Street

Council has received a petition signed by 25 residents calling for extension of No stopping lines on a corner of Chamberlain Street, Tahunanui. The request is made on safety grounds and will result in the loss of 1 car park space. Officers have visited the site and support the request shown in Attachment 9.

4.3 Schedule 13: Stop Signs

4.3.1 Elm Street.

As part of a safety upgrade to the intersection of Main Road Stoke and Elm Street the control at this intersection is proposed to change from Give Way to a compulsory Stop. (Attachment 6.)

4.2 Schedule 14: Give Ways signs

4.1.1 Waimeha Stage 2A Mako Street.

The newly completed section of this subdivision requires the installation of a Give Way at the intersection of the cul-de-sac and Mako Street residential lane as shown in Attachment 3

4.3 Schedule 4: Special Parking Areas

4.3.1 To accommodate outdoor dining at 56 Bridge Street (Pizzeria Bella) as approved by the 10 November Works and Infrastructure Committee, reconfiguration of carpark space was required, resulting in the loss of a motorcycle park. Details are shown in attachment 10. An alternate motorcycle park is still available 33 metres to the west.

5. Options

5.1 There are limited alternative options for the items presented in this report as the majority are procedural updates to the bylaw required for safety and efficient traffic movement.

Margaret Parfitt

Team Leader Roading and Solid Waste

Attachments

Attachment 1: A1643629 - Point Road for airport navigation ⇩

Attachment 2: A1643649 - Marsden Park Stage 4A Elderberry Lane ⇩

Attachment 3: A1652329 Waimeha Stage 2A Mako Street ⇩

Attachment 4: A1652334 Three Ridges Stage 2A Coster Street ⇩

Attachment 5: A1652336 Early Settlers Memorial carpark Wakefield Quay ⇩

Attachment 6: A1653039 Elm Street Stop Sign ⇩

Attachment 7: A1653192 Millers Acre P60 ⇩

Attachment 8: A1653689 No Stopping Riverside Tce ⇩

Attachment 9: A1653959. Chamerlain Street No stopping ⇩

Attachment 10: A1665142 Reconfigured parking - Bridge Street West ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The report recommendation meets current and future needs of communities in contributing to safe use of the roading and parking network in the City.

2. Consistency with Community Outcomes and Council Policy

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.

3. Risk

To ensure that the Bylaw is enforceable it is important to ensure that the Schedules are updated on a regular basis. Failure to update schedules will open enforcement to challenge.

4. Financial impact

Costs are within allocated annual budget for road maintenance or capital projects.

5. Degree of significance and level of engagement

Other than sub-divisions nearby business which could be affected have been consulted. This matter is of low significance.

6. Inclusion of Māori in the decision making process

Māori have not been specifically consulted.

7. Delegations

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