Agenda of Planning and Regulatory Committee

N-logotype-black-wide Planning and Regulatory Committee

13 April 2017

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 23 February 2017 6 - 14

Document number M2353

Recommendation

That the Committee

Confirms the minutes of the meeting of the Planning and Regulatory Committee, held on 23 February 2017, as a true and correct record.

5.2 Extraordinary Meeting - 23 March 2017 15 - 16

Document number M2438

Recommendation

That the Committee

Confirms the minutes of the extraordinary meeting of the Planning and Regulatory Committee, held on 23 March 2017, as a true and correct record.

6. Status Report - Planning and Regulatory Committee -13 April 2017 17 - 20

Document number R7466

Recommendation

That the Committee

Receives the Status Report Planning and Regulatory Committee 13 April 2017 (R7466) and its attachment (A1736802).

Chairperson's Report

7. Chairperson's Report

The Chairperson will give a verbal update on matters relevant to the work of the Committee including likely changes to the Resource Management Act.

Regulatory

8. Freedom Camping Bylaw - Refer Powers to Council 21 - 24

Document number R7385

Recommendation

That the Committee

Receives the report Freedom Camping Bylaw - Refer Powers to Council (R7385) ; and

Refers to Council all powers of the Planning and Regulatory Committee relating to a Freedom Camping Bylaw.

9. Parking and Vehicle Bylaw (2011), No 207 Amendments to Schedules 25 - 38

Document number R7218

Recommendation

That the Committee

Receives the report Parking and Vehicle Bylaw (2011), No 207 Amendments to Schedules (R7218) and its attachment (A1730339); and

Approves amendments detailed in report R7218 to the following schedules of the Bylaw No 207, Parking and Vehicle control (2011):

- Schedule 9: No stopping

- Schedule 14: Give Way Signs

Note:

Youth Councillors Emma Edwards and Chekodi Fearnely-Fitzgerald 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 23 February 2017, commencing at 9.01am

Present: Councillor B McGurk (Co-Chairperson), Her Worship the Mayor R Reese (Co-Chairperson), B Dahlberg, S Walker and Ms G Paine

In Attendance: Councillor P Matheson, Group Manager Strategy and Environment (C Barton), Group Manager Community Services (C Ward), Manager Communications (P Shattock), and Administration Adviser (E-J Ruthven), Youth Councillors (F Sawyer and S Cronin)

Apologies: Councillors L Acland, I Barker, and K Fulton

Councillor McGurk took the Chair for the start of the meeting.

1. Apologies

Resolved PR/2017/001

That the Committee

Receives and accepts apologies from Councillors Acland, Barker and Fulton.

McGurk/Walker Carried

2. Confirmation of Order of Business

The Chairperson advised that item 7, Chairperson’s Report, was withdrawn from the agenda.

3. Interests

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

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

4.1 1 December 2016

Document number M2239, agenda pages 8 - 11 refer.

Resolved PR/2017/002

That the Committee

Confirms the minutes of the meeting of the Planning and Regulatory Committee, held on 1 December 2016, as a true and correct record.

McGurk/Dahlberg Carried

5. Status Report - Planning and Regulatory Committee - 23 February 2017

Document number R7161, agenda pages 12 - 14 refer.

Brief updates were provided for each of the items on the status report.

Resolved PR/2017/003

That the Committee

Receives the Status Report Planning and Regulatory Committee 23 February 2017 (R7161) and its attachment (A1155974).

Walker/Dahlberg Carried

6. Chairperson's Report

Document number R7216, agenda pages 15 - 17 refer.

This item was withdrawn from the agenda.

Regulatory

7. Strategy and Environment Report for 1 October to 31 December 2016

Document number R6887, agenda pages 18 - 34 refer.

Attendance: Councillor Dahlberg declared that he was chair of Warmer Healthier Homes Nelson/Tasman Marlborough, but this did not amount to an interest with the report.

Manager Consents and Compliance, Mandy Bishop, Manager Planning, Matt Heale, Manager Building, Chris Wood, Senior Planning Adviser, Mark Leggett, and Environmental Programmes Advisers, Richard Frizzell and Richard Popenhagen, presented the report.

Officers answered questions regarding damage to the air quality monitor at St Vincent Street, landlord applications to the Warmer Healthier Homes Nelson-Marlborough project, and the survey of fishers, local residents and iwi regarding the use of Delaware Estuary and Cable Bay.

It was noted that work on Natural Hazards was on-going and would be brought to a future Nelson Plan workshop.

Resolved PR/2017/004

That the Committee

Receives the report Strategy and Environment Report for 1 October to 31 December 2016 (R6887) and its attachment (A1673398).

Paine/Walker Carried

Attendance: The meeting adjourned from 9.16am to 9.17am.

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

Document number R6973, agenda pages 35 - 45 refer.

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

Ms Parfitt answered questions about consultation undertaken with regards to the stopping restriction on Tahunanui Drive and no stopping lines on Fifeshire Crescent, and noted further work being undertaken in this area on Fifeshire Crescent.

Resolved PR/2017/005

That the Committee

Receives the report Parking and vehicle Bylaw (2011), No 207 Amendments to Schedules (R6973) and its attachments (A1709307, A1709319, A1709346, A1709339, A1709357, A1709366, 1709368); and

Approves amendments detailed in report R6973 to the following schedules of the Bylaw No 207, Parking and Vehicle control (2011):

- Schedule 4: Special Parking Areas

- Schedule 9: No stopping

- Schedule 14: Give Way Signs

Walker/Dahlberg Carried

The Chairperson advised the meeting would consider item 11, Progressive Implementation Programme for Freshwater, prior to item 10, Biosecurity Annual Report.

9. Progressive Implementation Programme for Freshwater

Document number R6960, agenda pages 95 - 108 refer.

Manager Planning, Matt Heale, and Planning Adviser, Diana Worthy, presented the report.

Along with Group Manager Strategy and Environment, Clare Barton, officers answered questions regarding freshwater directives from central government, the potential for some catchments to be over-allocated and how information was being gathered to inform this issue, how water use was monitored, and work being undertaken by the Cawthron Institute regarding water quality, flows and volumes.

There was a discussion regarding the manner in which the North Nelson Freshwater Working Group would come to consensus, and how, and to whom, recommendations would be presented. Ms Barton clarified that the word ‘suggestions’ should replace the word ‘recommendations’ in clause 6 of the Operating Philosophy in the Terms of Reference for the North Nelson Freshwater Working Group.

Resolved PR/2017/006

That the Committee

Receives the report Progressive Implementation Programme for Freshwater (R6960) and its attachments (A1693613, A1693614, A1693618, and A1694507).

Paine/Dahlberg Carried

Her Worship the Mayor, seconded by Ms Paine, moved the remaining clauses of the recommendation in the officer report, including additional words at the end of the final clause.

Resolved PR/2017/007

That the Committee

Approves for public notification the revised progressive implementation programme (Attachment 2 (A1693614)) to give effect to the National Policy Statement for Freshwater Management 2014; and

Approves the 2016 summary of implementation report (Attachment 3 (A1693618)) which details the extent to which the programme has been implemented during 2016 in Nelson, for publication on Council’s website; and

Approves the Freshwater Working Groups’ revised terms of reference including duration of establishment (Attachment 4 (A1694507)), noting that clarification is required as to whether the Freshwater Working Group is to provide recommendations to elected members or feedback.

Her Worship the Mayor/Paine Carried

10. Biosecurity Annual Report

Document number R6995, agenda pages 46 - 94 refer.

Environmental Programmes Adviser, Richard Frizzell, Tasman District Council Coordinator – Biodiversity and Biosecurity, Paul Sheldon, and Tasman District Council Biosecurity Officer, Robin van Zoelen, presented the report, and gave a power point presentation (A1724861).

Officers answered questions regarding the use of native or indigenous plants as biocontrol agents, pest control on Department of Conservation land, challenges regarding pest control in the marina, the proposed Top of the South Small Scale Management Plan to control Sabella in Top of the South marinas, Council’s involvement in ant control, and Council’s provision of education and advice in relation to pest control.

It was noted that the word ‘efficiently’ should replace the word ‘deficiently’ in paragraph 2.5.4 of the report.

Resolved PR/2017/008

That the Committee

Receives the report Biosecurity Annual Report (R6995) and its attachments (A1692237 and A1692242); and

Approves the 2016-17 Biosecurity Operational Plan for the Tasman-Nelson region (A1692242).

Her Worship the Mayor/Dahlberg Carried

Attachments

1 A1724861 - Power Point Presentation Annual Biosecurity Report 2015-2016

Attendance: The meeting adjourned from 10.29am to 10.47am.

The Chairperson advised that the meeting would move to consider item 15, National Policy Statement Urban Development Capacity, and item 16, Nelson Tasman Land Development Manual, before returning to consider the remaining items on the agenda.

11. National Policy Statement Urban Development Capacity

Document number R7054, agenda pages 131 - 141 refer.

Senior Infrastructure Planner, Lisa Gibellini, presented the report.

Ms Gibellini answered questions regarding the timeframe of the National Policy Statement Urban Development Capacity (NPS UDC), the affect it might have on the development of Asset and Activity Management Plans in preparation for the Long Term Plan 2018-2028, how to ensure infrastructure and services were rolled out at appropriate times, potential effects for the Development Contributions policy, and the types of roads included in the NPS UDC.

Attendance: Her Worship the Mayor left the meeting from 10.56am to 10.57am.

Strategy and Environment Analyst, Brylee Wayman, answered questions regarding how growth classifications were calculated, and the expected timeframe for release of updated classifications.

There was a discussion regarding the difficulty of planning for good land development if the state highway, active transport and public transport networks were excluded from the NPS UDC. It was agreed that Her Worship the Mayor should write to the Ministers for the Environment, Transport and Business, Innovation and Employment on this matter.

Resolved PR/2017/009

That the Committee

Receives the report National Policy Statement Urban Development Capacity (R7054); and

Notes that infrastructure projects needed to support residential and business growth in the Asset Management Plans, Long Term Plan and Infrastructure Strategy will be influenced by the capacity requirements undertaken under the National Policy Statement Urban Development Capacity with Tasman District Council; and

Directs Her Worship the Mayor to write to the Ministers for the Environment, Transport and Business, Innovation and Employment, raising concerns that not including the state highway, active transport and public transport infrastructure within the National Policy Statement Urban Development Capacity undermines the benefit of integrated land development.

Her Worship the Mayor/McGurk Carried

12. Nelson Tasman Land Development Manual

Document number R7162, agenda pages 142 - 148 refer.

Senior Infrastructure Planner, Lisa Gibellini, presented the report, and answered questions regarding potential minimum ground and floor levels.

Resolved PR/2017/010

That the Committee

Receives the report Nelson Tasman Land Development Manual (R7162).

Dahlberg/Walker Carried

Attendance: Councillor McGurk vacated the Chair and Her Worship the Mayor took the Chair for the remainder of the meeting.

13. Nelson Plan - Draft Regional Policy Statement

Document number R6958, agenda pages 109 - 115 refer.

Manager Planning, Matt Heale, presented the report. He answered questions regarding the feedback received to date, the timelines for consultation on the draft Regional Policy Statement, and how the draft Regional Policy Statement would inform rules within the Nelson Plan.

There was a discussion regarding whether the next iteration of the draft Regional Policy Statement should be brought to the May, rather than April, committee meeting, to allow sufficient time to consider the significant number of feedback points. A variety of views were expressed, and the Committee agreed to make no changes to the timeline at this stage.

Resolved PR/2017/011

That the Committee

Receives the report Nelson Plan - Draft Regional Policy Statement (R6958); and

Notes that the next iteration of the draft Regional Policy Statement will be provided to the April 2017 Planning and Regulatory Committee meeting on the completion of a planning peer review.

McGurk/Walker Carried

14. Nelson Plan - Community Engagement during 2017

Document number R7080, agenda pages 116 - 127 refer.

Manager Planning, Matt Heale, and Senior Planning Adviser, Mark Leggett, presented the report.

Officers answered questions regarding the setting up of the Iwi Working Group, how public engagement would phase with the sequencing of Nelson Plan workshops, and the type of engagement to be undertaken in relation to notable trees.

Resolved PR/2017/012

That the Committee

Receives the report Nelson Plan - Community Engagement during 2017 (R7080) and its attachments (A1705193, A1702560, and A1702553); and

Approves Option 1, targeted engagement with specific parties, as detailed in report R7080, in advance of the draft Nelson Plan release.

McGurk/Paine Carried

15. Freedom Camping Strategy and Bylaw

Document number R7149, agenda pages 128 - 130 refer.

Group Manager Community Services, Chris Ward, presented the report and answered questions regarding the process for Council to follow in deciding whether to develop a bylaw.

Resolved PR/2017/013

That the Committee

Receives the report Freedom Camping Strategy and Bylaw (R7149); and

Refers any decision on progressing a Freedom Camping Bylaw to the Council meeting scheduled for 23 March 2017.

Her Worship the Mayor/Dahlberg Carried

There being no further business the meeting ended at 11.30am.

Confirmed as a correct record of proceedings:

Chairperson Date

Planning and Regulatory Committee

13 April 2017

REPORT R7385

Freedom Camping Bylaw - Refer Powers to Council

1. Purpose of Report

1.1 To refer to Council all matters relating to a Freedom Camping Bylaw.

2. Recommendation

That the Committee

Receives the report Freedom Camping Bylaw - Refer Powers to Council (R7385) ; and

Refers to Council all powers of the Planning and Regulatory Committee relating to a Freedom Camping Bylaw.

3. Background

3.1 On 23 February 2017 the Planning and Regulatory Committee resolved that the Committee:

Refers any decision on progressing a Freedom Camping Bylaw to the Council meeting scheduled for 23 March 2017.

3.2 Subsequently on 23 March 2017 Council considered the Freedom Camping Strategy and resolved that Council:

Determines, in accordance with Section 155(1) of the Local Government Act 2002, that a bylaw is the most appropriate way of addressing freedom camping issues to complement a range of other non-regulatory approaches; and

Instructs the Chief Executive to prepare a draft Freedom Camping Bylaw with a view to it being adopted before the 2017/18 summer season;

3.3 The Planning and Regulatory Committee has delegated authority to consider matters relating to bylaws. The Committee’s decision on 23 February 2017 only referred to Council the first part of the bylaw process, to decide whether to progress a bylaw.

3.4 Accordingly, the Committee retains the delegated power to recommend to Council statements of proposals for Special Consultative Procedures for a Freedom Camping Bylaw, the power to hear and deliberate on submissions, and the power to recommend final decisions on a Freedom Camping Bylaw to Council.

4. Discussion

4.1 The matter of freedom camping is of intense public interest and sits across the delegations of a number of committees. To ensure the most efficient use of governance time, officers believe it is appropriate for the full Council to have an active role in the entire process of considering a Freedom Camping Bylaw. To enable this, the Planning and Regulatory Committee can choose to refer to Council all remaining powers relating to a Freedom Camping Bylaw.

4.2 The alternative is for the Planning and Regulatory Committee to consider and recommend to Council statements of proposals for Special Consultative Procedures for a Freedom Camping Bylaw, for the committee to then hear and deliberate on submissions, and recommend to Council any final decisions on a Freedom Camping Bylaw. This would limit the full Council’s ability to have an active role in the entire process of considering a Freedom Camping Bylaw, and result in the inefficient use of governance time.

5. Options

5.1 The Committee can either refer this matter to Council or not:

Option 1: Refer matter to Council (preferred option)
Advantages	· Efficient use of governance time · Engagement with entire process by full Council · Allows a Freedom Camping Bylaw to be considered alongside other tools to manage freedom camping
Risks and Disadvantages	· Bylaws have been delegated to the committee – more governance time required by full Council
Option 2: Do not refer matter to Council
Advantages	· Relevant aspects of a bylaw rest with appropriate committee as per delegations register · Bylaw issue considered in isolation to other tools to manage freedom camping
Risks and Disadvantages	· Limits full Council’s ability to have an active role in the full process of considering a Freedom Camping Bylaw · Inefficient use of governance time

Chris Ward

Group Manager Community Services

Attachments

Nil

Important considerations for decision making

1. Fit with Purpose of Local Government

Not applicable – this is an administrative matter.

2. Consistency with Community Outcomes and Council Policy

This is not inconsistent with Council policy

3. Risk

Nil

4. Financial impact

Nil

5. Degree of significance and level of engagement

This matter is of low significance as it is an administrative matter and not a substantive decision.

6. Inclusion of Māori in the decision making process

Maori have not been involved in the decision making process.

7. Delegations

The Planning and Regulatory Committee has the responsibility for considering bylaws. The Committee has the power to refer any delegated matter to Council.

Planning and Regulatory Committee

13 April 2017

REPORT R7218

Parking and Vehicle 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

It is recommended that the Committee

Receives the report Parking and Vehicle Bylaw (2011), No 207 Amendments to Schedules (R7218) and its attachment (A1730339); and

Approves amendments detailed in report R7218 to the following schedules of the Bylaw No 207, Parking and Vehicle control (2011):

- Schedule 9: No stopping

- 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. Any update to schedules must be passed by a further resolution of Council. The bylaw schedules require updating since the last update in February 2017.

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

4. Discussion

4.1 Schedule 9: No stopping

4.1.1 Greenhill Road

Concerns have been raised by the landowner and adjacent resident about the risks of potential debris from a large heritage tree falling onto parked cars during weather events as well as the issue of sight lines on the approach to the Compulsory Stop intersection with Gracefield Street. Investigation by officers supports the proposed No Stopping to mitigate these risks as shown in the attachment as 1.1. Feedback was invited from 9 residents in the street. Four residents contacted Council with feedback, 2 residents strongly supported the changes, 1 felt indifferent and 1 opposed the loss of parking near their frontage.

4.1.2 Poynters Crescent

There is an extremely high parking demand in this area on evenings when activities occur simultaneously at the Nelson Yacht Club and Boat House. Residents have been unable to pass through this road on occasion due to cars being parked on both sides of Poynters Crescent narrowing the carriageway. Proposed No Stopping lines on the landward side will ensure access is maintained, coupled with a white edge line to mark the footpath on the seaward side. There are no private properties fronting onto the area. This is shown in the attachment as 1.2.

4.1.3 Todd Bush Road

Two areas on Todd Bush Road have been highlighted as requiring No Stopping lines during a post construction Road Safety Audit conducted by Council officers. Letters out lining changes and inviting feedback were sent to 12 residents. No feedback was received. The areas are shown in the attachments as 1.3 and 1.4

4.1.4 Tasman Street

A section of Tasman Street shown in the attachment as 1.5 requires installation of No Stopping lines to prevent cars blocking safe access to a private driveway. The directly affected resident had petitioned officers on a number of occasions. Advice was sought from Environmental Inspections Limited, the Council’s contracted parking wardens. Alternative guidance markings at this location were trialled for 6 months and have proven unsuccessful.

4.1.5 Elm Street

As part of the recent safety improvements at the new exit of the Elm St onto Main Road Stoke, it is proposed that the parking outside the empty lot at number 2 Elm Street be removed and No Stopping lines be installed as shown in the attachment as 1.6. This will facilitate a two-lane exit from the industrial subdivision and will relieve the congestion. Nearby business operators were asked for feedback to the proposed change and no objection was noted.

4.1.6 77 Haven Road

As a result of the granting of Resource Consent to operate a store at 77 Haven Road, it is recommended a single parking bay should be removed to improve visibility and improve driveway operation and interaction with the cycle lane. It is proposed to install No Stopping lines on Haven Road as shown in the attachment as 1.7

4.1.7 Daelyn Subdivision: Stages 5-7

As per the Land Development Manual the extension of the Daelyn subdivision has required installation of No Stopping lines at the cul-de-sac heads of Daelyn Drive and Marionberry Lane as shown in the attachment as 1.8

4.1.8 Airport Estates Industrial Subdivision: Stage 4

As per the Land Development Manual the extension of Airport Estates Industrial subdivision has required installation of No Stopping at the cul-de-sac head of 30 Venice Place as shown in the attachment as 1.9.

4.2 Schedule 14 Give Way control

4.2.1 Airport Estates Industrial Subdivision: Stage 4

As per the Land Development Manual the extension of Airport Estates Industrial subdivision has required installation of a Give Way control at the exit of 30 Venice Place as shown in the attachment as 1.9

4.2.2 Solitaire Subdivision: Stage 2

As per the Land Development Manual the extension of Solitaire subdivision has required installation of a Give Way control at the intersection of Woolshed Drive with Quail Rise as shown in the attachment as 1.10

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: A1730339 Attachment 1: Illustrations of proposed ammendments to schedules. ⇩

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

The content and recommendation of this report is consistent with Council’s Community Outcomes – “Our infrastructure is efficient, cost effective and meets current and future needs”. In particular that we have good quality, affordable and effective infrastructure and transport networks. 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 budgets for road maintenance or capital projects.

5. Degree of significance and level of engagement

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

6. Inclusion of Māori in the decision making process

No consultation with Māori has been undertaken

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.