Planning and Regulatory Committee Minutes - 23 November 2017

 

Minutes of a meeting of the Planning and Regulatory Committee

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

On Thursday 23 November 2017, commencing at 9.00am

 

Present:              Councillor B McGurk (Chairperson), Her Worship the Mayor R Reese (Co-Chairperson), Councillors L Acland, Councillor I Barker, B Dahlberg, K Fulton, S Walker and Ms G Paine

In Attendance:   Group Manager Strategy and Environment (C Barton), Manager Roading and Utilities (M Parfitt), Manager Building (M Brown), Team Leader City Development (L Gibellini), Manager Environment (M Heale), Manager Consents and Compliance (M Bishop), Team Leader Science & Environment (J Martin), Environmental Programmes Adviser (R Frizzell), Environmental Programmes Adviser (L Marshall) and Governance Adviser (P White)

Apologies:           Councillor Barker for early departure.

 

1.       Apologies

Resolved PR/2017/060

That the Planning and Regulatory Committee:

Accepts  the apology from Councillor Barker for early departure.

McGurk/Fulton                                                                           Carried

2.       Confirmation of Order of Business

There was no change to the Order of Business.

3.       Interests

Chairperson B McGurk noted his interest in Item 13 on the agenda Submission on Proposed Tasman-Nelson Regional Pests Management Plan, and signalled his intent to vacate the Chair for that item.


 

4.       Public Forum 

4.1      Jill Kearns

Jill spoke about the Urban Environments Bylaw No 225 in relation to her property at Champion Road  The zoning had been changed about five years previously to urban.  Her property is a lifestyle block and she had been visited by compliance officers in relation to complaints about her roster, which was not permitted in an urban zone.  She believed that the bylaw needed to be modified to take into account lifestyle blocks in an urban area.

5.       Confirmation of Minutes

5.1      3 October 2017

Document number M2976, agenda pages 9 - 18 refer.

Resolved PR/2017/061

That the Planning and Regulatory Committee:

Confirms the minutes of the meeting of the Planning and Regulatory Committee, held on 3 October 2017, as a true and correct record.

Walker/Dahlberg                                                                        Carried

 

6.       Status Report - Planning and Regulatory Committee - 23 November 2017

Document number R8713, agenda pages 19 - 23 refer.

Resolved PR/2017/062

That the Planning and Regulatory Committee:

Receives the Status Report Planning and Regulatory Committee 23 November 2017 (R8713) and its attachment (A1736802).

Walker/Her Worship the Mayor                                                    Carried

 

7.       Co-Chairperson's Report       

           There was no report.

 

8.       Strategy and Environment Report for 1 July - 30 September 2017

Document number R8196, agenda pages 24 - 58 refer.

The meeting adjourned at 9.15am and recommenced at 9.25am due to technological issues.

Manager Building, Martin Brown, Team Leader City Development, Lisa Gibellini, Manager Environment Matt Heale, Manager Consents and Compliance, Mandy Bishop, Environmental Programmes Adviser, Richard Frizzell and Team Leader Science & Environment, Jo Martin joined the table to speak to the report. 

Mr Frizzell tabled a paper detailing a recent air quality exceedance in Airshed B1(A1870652).  Members discussed the possible reasons for the exceedance, which had not been identified.

Ms Gibillini spoke about Special Housing Areas (SHAs).  She said that since the general election there was concern about a possible change in policy direction on SHAs.  After writing to the Minister of Housing Urban Development, the Mayor had received a response confirming the Ministry’s commitment to all SHAs already in progress.

Attendance: Councillor Barker left the meeting at 9.37am.

Resolved PR/2017/063

That the Planning and Regulatory Committee:

Receives the report Strategy and Environment Report for 1 July - 30 September 2017 (R8196) and its attachments (A1809078, A1849355); and

Accepts the Nelson Plan Overview of Workshop Recommendations and Direction in Attachment 2 to Report R7917 (A1849355).

Paine/Walker                                                                              Carried

Attachments

1    A1870652 Air Quality Exceedance Airshed B1

 

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

Document number R8600, agenda pages 59 - 70 refer.

Manager Roading and Utilities, Margaret Parfitt, spoke to the report.

Resolved PR/2017/064

That the Planning and Regulatory Committee:

Receives the report Parking and Vehicle Bylaw (2011), No 207 Amendments to Schedules (R8600) and its attachment (A1848805); and

Approves amendments detailed in the report R8600 to the following schedules of the Bylaw No 207, parking and Vehicle Control (2011) :

·   Schedule 4: Time limited parking

·   Schedule 9: No Stopping.

Fulton/Walker                                                                             Carried

 

10.     Compliance Strategy

Document number R8673, agenda pages 71 - 89 refer.

Manager Consents and Compliance, Mandy Bishop spoke to the report. 

Resolved PR/2017/065

That the Planning and Regulatory Committee:

Receives the report Compliance Strategy (R8673) and its attachment (A1855717)

Dahlberg/Fulton                                                                         Carried

 

Recommendation to Council PR/2017/066

That the Council:

Approves the Compliance Strategy 2017 to guide staff and contractors in the exercise of enforcement obligations on behalf of the Council.

Dahlberg/Fulton                                                                         Carried

 

11.     National Policy Statement Urban Development Capacity - Quarterly Report

Document number R8477, agenda pages 90 - 111 refer.

Team Leader City Development, Lisa Gibellini spoke to the report and answered a question on non-residential consents.

 

Resolved PR/2017/067

That the Planning and Regulatory Committee:

Receives the report National Policy Statement Urban Development Capacity - Quarterly Report June 2017 (R8477) and its attachment A1852986; and

Agrees to the report being circulated to the Ministry of Business, Innovation and Employment and placed on Council’s website. 

Dahlberg/Fulton                                                                         Carried

 

12.     Marine and Coastal Area (Takutai Moana) Act

Document number R8668, agenda pages 112 - 115 refer.

Group Manager Strategy and Environment, Clare Barton presented the report. 

Resolved PR/2017/068

That the Planning and Regulatory Committee:

Receives the report Marine and Coastal Area (Takutai Moana) Act (R8668).

Paine/Her Worship the Mayor                                                      Carried

 

13.     Submission on Proposed Tasman-Nelson Regional Pest Management Plan

           Councillor McGurk vacated the Chair at 10.01am due to a conflict of interest, and took no part in the debate.  Her Worship, Mayor R Reese took the Chair.

           Councillor Fulton declared an interest in this item and withdrew from the meeting.

           Document number R8696, agenda pages 116 - 119 refer.

           Environmental Programmes Adviser, Richard Frizzell spoke to the report.

Resolved PR/2017/069

That the Planning and Regulatory Committee:

Receives the report Submission on Proposed Tasman-Nelson Regional Pest Management Plan (R8696); and

Agrees a submission be prepared on behalf of Council so that pest management issues for Nelson City are fully considered.

Dahlberg/Walker                                                                        Carried

 

Her Worship, Mayor R Reese vacated the Chair, and Councillor McGurk returned to the meeting and the Chair at 10.03am.

Councillor Fulton rejoined the meeting.

14.     Nelson Biodiversity Strategy Draft

Document number R8704, agenda pages 120 - 146 refer.

Environmental Programmes Adviser, Leigh Marshall, spoke to the report. 

Resolved PR/2017/070

That the Planning and Regulatory Committee:

Receives the report Nelson Biodiversity Strategy Draft (R8704) and its attachment (A1861351); and

Approves the draft Nelson Biodiversity Strategy 2017-2020 in principle.

McGurk/Fulton                                                                           Carried

 

15.     Nelson Plan Resourcing

Document number R8520, agenda pages 147 - 155 refer.

Manager Environment, Matt Heale spoke to the report. 

Resolved PR/2017/071

That the Planning and Regulatory Committee:

Receives the report Nelson Plan Resourcing (R8520) and its attachment (A1858783).

Her Worship the Mayor/Fulton                                                    Carried

 

Recommendation to Council PR/2017/072

That the Council:

Allocates an additional unbudgeted $600,000 for the development of the Nelson Plan in the 2017/2018 financial year; and

Notes that some increases in the 2017/2018 financial year will be offset by reducing budget  projections for 2018/2019 by $300,000 and  savings in consultant costs by employing an additional staff member and as recruitment of vacancies is achieved.

Her Worship the Mayor/Fulton                                                    Carried

    

16.     Exclusion of the Public

Resolved PR/2017/073

That the Planning and Regulatory Committee:

Excludes the public from the following parts of the proceedings of this meeting.

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

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

1

Planning and Regulatory Committee Meeting - Public Excluded Minutes -  3 October 2017

Section 48(1)(a)

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

The withholding of the information is necessary:

·   Section 7(2)(i)

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

2

Status Report - Planning and Regulatory Committee - Public Excluded - 23 November 2017

 

Section 48(1)(a)

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

The withholding of the information is necessary:

·   Section 7(2)(i)

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

3

Options for Regulatory Services from 1 July 2018

 

Section 48(1)(a)

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

The withholding of the information is necessary:

·   Section 7(2)(b)(ii)

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

·   Section 7(2)(h)

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

·   Section 7(2)(j)

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

Walker/Paine                                                                             Carried

 

The meeting went into public excluded session at 10.14am and resumed in public session at 10.52am.

17.      Re-admittance of the Public

Resolved PR/2017/077

That the Planning and Regulatory Committee:

Re-admits the public to the meeting.

 

Paine/Acland                                                                              Carried

 

 

There being no further business the meeting ended at 10.52am.

Confirmed as a correct record of proceedings:

 

 

                                                       Chairperson                                     Date