Agenda of Hearings Panel - Other

Hearings Panel - Other Minutes - 23 October 2018

N-logotype-black-wide Hearings Panel - Other

4 December 2018

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. Temporary Road Closures - Christmas Carols, New Year Celebrations, Buskers Festival and Trafalgar Street Market Day 6 - 14

Document number R9733

Recommendation

That the Hearings Panel - Other

Receives the report Temporary Road Closures - Christmas Carols, New Year Celebrations, Buskers Festival and Trafalgar Street Market Day (R9733) and its attachments (A2088912, A2088959 and A2089000); and

Approves the temporary road closures for Christmas Carols on 24 December 2018, New Year Celebrations on 31 December 2018, Trafalgar Street Market Day on 2 February 2019 and the Buskers Festival on 2 and 3 February 2019.

5. Temporary Road Closure - Bay Dreams 2019 15 - 36

Document number R9817

Recommendation

That the Hearings Panel - Other

Receives the report Temporary Road Closure - Bay Dreams 2019 (R9817) and its attachments (A2087552 and A2082976); and

Approves the temporary road closures for Bay Dreams from 2 January until 5 January 2019, with an amendment to the time of the closure of Wakatu Square, shortening the full closure of Achilles Ave, Wakatu Lane and Wakatu Carpark to 5pm Friday 4 January until 1am Saturday 5 January 2019.

6. Street Naming Application - 329 Suffolk Road 37 - 41

Document number R9846

Recommendation

That the Hearings Panel - Other

Receives the report Street Naming Application - 329 Suffolk Road (R9846) and its attachment (A2085007); and

Approves the names of “Piwakawaka Drive”, “Wrights Place” and “Lilyvale Crescent” for the roads shown on the attached Scheme Plan (Attachment 1)

7. Application for naming of a private Right of Way - 112 Washington Road 42 - 46

Document number R9852

Recommendation

That the Hearings Panel - Other

Receives the report Application for naming of a private Right of Way - 112 Washington Road (R9852) and its attachments (A2020692 and A2090763); and

Accepts the name of “Jack Brown Way” for the Right of Way servicing Lots 2 to 6 on Land Transfer Plan LT 522151 (A2090763).

8. Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules 47 - 67

Document number R9749

Recommendation

That the Hearings Panel - Other

Receives the report Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules (R9749) and its attachments (A2088351 and A2097917); and

Approves amendments detailed in the report R9749 to the following Schedules of the Bylaw, Parking and Vehicle Control (2011), No 207:

· Schedule 4

· Schedule 9

· Schedule 14

Note:

The meeting will be adjourned at 9.00a.m. if not all business has been considered at this time.

Item 4: Temporary Road Closures - Christmas Carols, New Year Celebrations, Buskers Festival and Trafalgar Street Market Day

Hearings Panel - Other

4 December 2018

REPORT R9733

Temporary Road Closures - Christmas Carols, New Year Celebrations, Buskers Festival and Trafalgar Street Market Day

1. Purpose of Report

1.1 To approve the temporary road closure application for Christmas Carols on 24 December 2018.

1.2 To approve the temporary road closure application for New Year Celebrations on 31 December 2018.

1.3 To approve the temporary road closure application for the Buskers Festival on 2 and 3 February 2019.

1.4 To approve the temporary road closure application for Trafalgar Street Market Day on 2 February 2019.

2. Recommendation

That the Hearings Panel - Other

Receives the report Temporary Road Closures - Christmas Carols, New Year Celebrations, Buskers Festival and Trafalgar Street Market Day (R9733) and its attachments (A2088912, A2088959 and A2089000); and

3. Background

3.1 It is a requirement that temporary road closures made under Schedule 10 Clause 11(e) of the Local Government Act 1974 come to the Hearings Panel - Other for approval.

4. Discussion

Christmas Carols

4.1 Council officers initiated the process to implement the closure of Selwyn Place on Monday 24 December 2018 between the hours of 7pm and 11pm as shown in Attachment 1. This closure is to enable the annual Christmas Carols to take place at the Church Steps.

4.2 As per point 11 of Schedule 10 of the Local Government Act 1974, consultation with Police has been undertaken and they have given their approval for this event. Consultation with NZTA has not been undertaken for this event due to this having no impact on the state highway.

4.3 As per 11(e) of Schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.

4.4 As per point 11A of Schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 17 October 2018 to notify of its intention to close these roads and asking for feedback by Friday 2 November. The advertisement was also posted on the Council’s website. No feedback was received.

4.5 This event does not require a resource consent for noise and the event will be covered by Council’s public liability insurance. Council officers are working with Nelmac regarding the traffic management for this event.

4.6 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternate routes are available and the extent and duration is limited. Council officers recommend that this application be approved.

New Year Celebrations

4.7 On 1 October 2018, Creative Event Logistics applied for the closure of Selwyn Place from Trafalgar Square East to Trafalgar Square West on Monday 31 December at 5am until Tuesday 1 January 2019 at 1am, as shown in Attachment 2. This closure is to enable the annual New Year Celebrations to take place at the Church Steps.

4.8 As per point 11 of Schedule 10 of the Local Government Act 1974, consultation with Police has been undertaken and they have given their approval for this event. Consultation with NZTA hasn’t been undertaken for this event due to it having no impact on the state highway.

4.9 As per 11(e) of Schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.

4.10 As per 11A of Schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 17 October to notify of its intention to close these roads, asking for feedback by Friday 2 November. The advertisement was also posted on the Council’s website. No feedback was received.

4.11 This event does not require a resource consent for noise and the event will be covered by Council’s public liability insurance. Council officers are working with Nelmac regarding the traffic management for this event.

4.12 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternate routes are available and the extent and duration is limited. Council officers recommend that this application be approved.

Buskers Festival

4.13 Nelson City Council applied for the closure of Selwyn Place on Saturday 2 and Sunday 3 February 2019 between the hours of 3pm and 11pm, as shown in Attachment 3. These closures are to enable the annual Buskers Festival to take place.

4.14 As per point 11 of Schedule 10 of the Local Government Act 1974, consultation with Police has been undertaken for this event and they have given their approval for this event. Consultation with NZTA hasn’t been undertaken for this event due to it having no impact on the state highway.

4.15 As per 11(e) of Schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.

4.16 As per 11A of Schedule 10 of the Local Government Act 1974 Council placed a notification in Our Nelson on 17 October to notify of its intention to close these roads, asking for feedback by Friday 2 November. The advertisement was also posted on the Council’s website. No feedback was received.

4.17 This event does not require a resource consent for noise and the event will be covered by Council’s public liability insurance. Council officers are working with Nelmac regarding the traffic management for this event.

4.18 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternate routes are available and the extent and duration is limited. Council Officers recommend that this application be approved.

Trafalgar Street Market Day

4.19 On 9 September 2018, Uniquely Nelson applied for the closure of Trafalgar Street from Hardy Street to Bridge Street on Saturday 2 February 2019 between the hours of 5.30am and 6pm, as shown in Attachment 3. This closure is to enable the annual Trafalgar Street Market Day to take place.

4.20 As per point 11 of Schedule 10 of the Local Government Act 1974 consultation with Police has been undertaken and they have given their approval for this event. Consultation with NZTA hasn’t been undertaken for this event due to this not having impact on the state highway.

4.21 As per 11(e) of Schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.

4.22 As per 11A of Schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 31 October to notify of its intention to close these roads and asking for feedback by Friday 16 November. The advertisement was also posted on the Council’s website. No feedback was received.

4.23 This event does not require a resource consent for noise and organisers have provided evidence of sufficient public liability insurance. Council officers are working with Nelmac regarding the traffic management for this event.

4.24 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternate routes are available and the extent and duration is limited. Council officers recommend that this application be approved.

5. Options

5.1 The Hearings Panel- other has two options, either to approve or decline the temporary road closure applications. Officers recommend approving the temporary road closures.

Author: Melissa Ramsay, Roading Network Coordinator

Attachments

Attachment 1: Temporary Road Closure - Christmas Carols Map - A2088912 ⇩

Attachment 2: Temporary Road Closure - New Years Celebrations Map - A2088959 ⇩

Attachment 3: Temporary Road Closure - Buskers and Trafalgar Street Market Day Map - A2089000 ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The following are applicable:

· The Local Government Act 1974, Schedule 10, Temporary Prohibition of Traffic;

· The Local Government Act 2002, Clause 78, Community Views in Relation to Decisions;

The temporary road closures fit with the purpose of local government.

2. Consistency with Community Outcomes and Council Policy

These events contribute to our community outcomes by assisting our community to celebrate their identity and community.

3. Risk

If the temporary road closures are not approved, these community events are at risk of not going ahead.

4. Financial impact

There is no financial impact to Council for these road closures.

5. Degree of significance and level of engagement

This matter is of medium significance because of the number of people affected and the short duration of the events. A request for feedback was advertised in Our Nelson and on the Council’s website.

6. Inclusion of Māori in the decision making process

No specific engagement with Māori has been undertaken in preparing this report.

7. Delegations

The Hearings Panel - Other has the following delegations to consider temporary road closures:

Functions:

· To conduct hearings and/or determine under delegated authority applications relating to the Dog Control Act 1996, all matters relating to Temporary Road Closures pursuant to Schedule 10 clause 11(e) of the Local Government Act 1974, matters relating to naming features within the city, and any other matters required for determination by Council under legislation as determined by Council.

Specific Delegations:

· The power to consider and determine applications for temporary road closures made under Schedule 10 Clause 11(e) of the Local Government Act 1974

Item 5: Temporary Road Closure - Bay Dreams 2019

Hearings Panel - Other

4 December 2018

REPORT R9817

Temporary Road Closure - Bay Dreams 2019

1. Purpose of Report

1.1 To approve the temporary road closure application for Bay Dreams music festival from 2 January until 5 January 2019.

2. Recommendation

That the Hearings Panel - Other

Receives the report Temporary Road Closure - Bay Dreams 2019 (R9817) and its attachments (A2087552 and A2082976); and

3. Background

3.1 It is a requirement that temporary road closures made under Schedule 10 Clause 11(e) of the Local Government Act 1974 come to the Hearings Panel - Other for approval.

4. Discussion

Bay Dreams Request

4.1 On 11 October 2018, Bay Dreams South Ltd applied for the closure of the Nelson roads listed below:

· 9am Wednesday 2 January – 10pm Sat 5 January 2019

o Trafalgar Park Lane

o Hathaway Carpark

· 9am Thursday 3 January – 3pm Saturday 5 January 2019

o Paru Paru Road

· 6am Friday 4 January – 1am Saturday 5 January 2019

o Trafalgar Street (Grove St – Wainui St)

· 9am Friday 4 January - 1am Saturday 5 January 2019

o Trafalgar Street (Halifax St to SH6)

o Wainui Street

o Helena Way

o Elliott Street

o Monro Way

o Highgrove Way

o Hathaway Court

o Hathaway terrace

o Grove Street (Trafalgar St to Collingwood St

o Achilles Ave

o Wakatu Lane

o Wakatu Carpark

4.2 The reasons given for the extent of the proposed road closures is to cater for the crowd of 20,000 festival attendees, to improve safety for those attending, to provide areas for queuing, bag check points and a bus drop off/pick up point. The extent of these closures are shown as part of Attachment 1.

Engagement

4.3 As per item 11 of Schedule 10 of the Local Government Act 1974 (LGA), consultation has been undertaken with:

4.3.1 Police who have given their approval; and

4.3.2 New Zealand Transport Agency (NZTA) due to its proximity to the state highway. NZTA have given approval provided all required Traffic Management Plan (TMP) requirements are met.

4.4 As per 11(e) of Schedule 10 of the LGA, this proposed road closure will not exceed the aggregate of 31 days for any year.

4.5 This event at Trafalgar Park has an approved resource consent and organisers have provided evidence of sufficient public liability insurance. The liquor licence process is underway.

4.6 Council officers and the event organiser are working with Nelmac and Asphalt and General Ltd (the event organiser’s Traffic Management contractors) regarding the Traffic Management Plan (TMP) in accordance with NZTA’s code of practice for temporary Traffic Management. The TMP will include restricted parking, clear signage and maintaining emergency services and resident access when safe to do so.

4.7 As per 11(a) of Schedule 10 of the LGA, Council placed a notification in Our Nelson on 17 October 2018 and posted on the Council’s website to notify of its intention to close these roads. Feedback was requested up to Friday 2 November 2018. In addition a mail drop was carried out in all directly affected areas and officer’s hand delivered information to retailers in Wakatu Square. The material distributed for feedback is appended as Attachment 1.

Feedback and response

4.8 Feedback has been received from eight parties which is appended in Attachment 2 including a petition opposing the closure of Wakatu Carpark from the following:

· Q Variety Store

· Hunting and Fishing

· Parker Gallery

· The Framing Rooms + Quiet Dog Gallery

· Hathaway Court Body Corporate

· United Video

· Nelson Family Store

· Countdown Supermarket.

4.9 In summary, the retail outlets operating from within Wakatu Square objected to the all-day closure of Wakatu Square. Their opposition is based on the impact to their retail trade experienced on the previous occasion the carpark was closed to cater for buses on 8 September 2018 for the All Black Test at Trafalgar Park. Officers have undertaken work on the concerns as below:

4.9.1 Alternative sites for the bus drop off and pick up have been explored (including Millers Acre) but none of the alternatives are feasible.

4.9.2 To mitigate the concerns about loss of trade, officers recommend shortening the full closure of Achilles Ave, Wakatu Lane and Wakatu Carpark to 5pm Friday 4 January to 1am Saturday 5 January. Provision of a bus drop off zone during the day occupying a smaller number of carparks, but leaving the bulk of Wakatu Square available for public parking, will be part of the approved TMP.

4.9.3 Access for customers of the video store between 5-9pm will be available from Trafalgar Street, and short term customer parking will be considered when developing the TMP.

4.10 Feedback was received from Hathaway Court residents. Their request for an extra sign and a person to monitor the carpark can be accommodated in the TMP.

4.11 Feedback was received from The Salvation Army Family Store operating in Paru Paru road. Their objection related to the closure of Paru Paru Road. Officers are discussing this with event organisers and looking at how access to their business can be accommodated as part of the TMP.

4.12 Feedback was received from Countdown Supermarket. Their request for access to their loading bay and parking area can be accommodated in the TMP.

4.13 Officers are satisfied that the majority of the road closures will not unreasonably impede traffic because alternate routes are available and the extent and duration of closures is limited.

5. Options

5.1 There are three options open to the Panel – approve, decline or approve with amendments. Officers recommend Option 2.

Option 1: Approve road closures as applied for
Advantages	· Provides adequate space for all equipment, queuing areas and safety requirements for the Bay Dreams festival.
Risks and Disadvantages	· Will cause disruption to residents and businesses in the closure areas and reduce available parking in the city. · Reputational risk
Option 2: Approve closures with amendment to Wakatu Square carpark closure times to 5pm Friday 4 – 1am Saturday 5 January 2019
Advantages	· Provides space for equipment, queuing areas for the Bay Dreams festival. · Minimal loss of car parking available to shoppers. · Businesses in Wakatu Carpark will retain customer parking until 5 pm.
Risks and Disadvantages	· Will cause disruption to residents and businesses in the closure areas and reduce available parking in the city. · Mixing high volumes of festival goers arriving by bus with traffic in an operating carpark before 5pm.
Option 3: Decline road closures
Advantages	· Less disruption to the city
Risks and Disadvantages	· Event unlikely to go ahead

Author: Melissa Ramsay, Roading Network Coordinator

Attachments

Attachment 1: Letter Drop - A2087552 ⇩

Attachment 2: Feedback Document - A2082976 ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The following are applicable:

· The Local Government Act 1974, Schedule 10, Temporary Prohibition of Traffic;

· The Local Government Act 2002, Clause 78, Community Views in Relation to Decisions;

The temporary road closures fit with the purpose of local government.

2. Consistency with Community Outcomes and Council Policy

These events contribute to our community outcomes by assisting our community to celebrate their identity and community.

3. Risk

If the temporary road closures are not approved, these community events are at risk of not going ahead.

4. Financial impact

There is no financial impact to Council for these road closures.

5. Degree of significance and level of engagement

This matter is of medium significance because of the number of people affected and the short duration of the events. A request for feedback was advertised in Our Nelson, on the Council’s website and via mail drop to directly affected residents and businesses.

6. Inclusion of Māori in the decision making process

No specific engagement with Māori has been undertaken in preparing this report.

7. Delegations

The Hearings Panel - Other has the following delegations to consider temporary road closures:

Functions:

Specific Delegations:

· The power to consider and determine applications for temporary road closures made under Schedule 10 Clause 11(e) of the Local Government Act 1974

Item 6: Street Naming Application - 329 Suffolk Road

Hearings Panel - Other

4 December 2018

REPORT R9846

Street Naming Application - 329 Suffolk Road

1. Purpose of Report

To approve or decline an application for the names of “Piwakawaka Drive”, “Wrights Place” and “Lilyvale Crescent” for the roads shown as Roads 1, 2 and 3 on the attached scheme plan (Attachment 1).

2. Recommendation

That the Hearings Panel - Other

Receives the report Street Naming Application - 329 Suffolk Road (R9846) and its attachment (A2085007); and

Approves the names of “Piwakawaka Drive”, “Wrights Place” and “Lilyvale Crescent” for the roads shown on the attached Scheme Plan (A2085007).

3. Background

3.1 The applicant, Wakatu Incorporation, has requested the names of “Piwakawaka Drive”, “Wrights Place” and “Lilyvale Crescent” for the roads shown as Roads 1, 2 and 3 on the attached Scheme Plan. (Attachment 1).

3.2 The background to the name selection is as follows:

3.2.1 Piwakawaka: This is te reo Māori for fantail. This name has been selected due to the presence of piwakawaka in this locality.

3.2.2 Wrights Place: Wright is the name of the previous landowner who farmed the property for 35 years.

3.2.3 Lilyvale: This is the name of a horticultural business that previously operated from the property.

3.3 The Council has the authority to name roads, pursuant to Section 319(j) of the Local Government Act 1974.

3.4 Road Naming Guidelines.

Each proposed road name is assessed according to the criteria in the Road Naming Guidelines, as follows:

3.4.1 The name should not be the same as or similar to any other street in the Nelson and Tasman Regions.

3.4.2 Where appropriate, due regard should be given to historical associations within the City.

3.4.3 Where possible, the name should be consistent with other names in the area, or consistent with a theme in the area/subdivision.

3.4.4 The name should not be likely to give offence.

3.4.5 The name should not be commercially based.

3.4.6 The length of the name should be appropriate to the length of the street (i.e. short names for short streets - for mapping purposes).

3.4.7 The name should not be likely to cause semantic difficulties, i.e. spelling, pronunciation, or general understanding.

3.4.8 As a general rule, the proposed name should not be that of a living person, except in exceptional circumstances.

4. Evaluation

4.1 There are no similar road names in the Nelson City Council or Tasman District Council areas that are likely to cause confusion with these names.

4.2 The proposal to name Road 2 after the previous landowner does not comply with the general rule that the proposed name should not be a living person (see 3.4.8 above). However, it is proposed to name the road after the family name of Wright rather than a single individual.

4.3 The proposed names do not conflict with any other criteria of the Road Naming Guidelines.

5. Options

5.1 The Hearings Panel has two options:

5.1.1 To approve the names of “Piwakawaka Drive”, “Wrights Place” and “Lilyvale Crescent”; or

5.1.2 To decline the proposed names and to ask the applicant to submit alternative names.

5.2 Council officers recommend approving the names of “Piwakawaka Drive”, “Wrights Place” and “Lilyvale Crescent”.

Author: Kathy Mardon, Consents Subdivision Administrator

Attachments

Attachment 1: A2085007 - RM175175 - Scheme Plan showing proposed road names ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The Council has the authority to name roads, pursuant to s 319(j) of the Local Government Act 1974.

2. Consistency with Community Outcomes and Council Policy

· The decision in this report supports the following community outcome:

· Our Council provides leadership and fosters partnerships, a regional perspective and community engagement.

3. Risk

This is a low risk decision as checks have been carried out to ensure that the proposed road names will not cause confusion to the public or to emergency services, if there are existing similar names.

4. Financial impact

No additional resources are required.

5. Degree of significance and level of engagement

The recommendations outlined in this report are of low significance and therefore no consultation in addition to that undertaken by the applicant is planned.

6. Inclusion of Māori in the decision making process

The applicant advises that the street naming has been through an extensive internal consultation process, through Wakatu Incorporation’s Whenua Board, Manaaki Board, and the proposed names have been agreed to by both partners to the joint venture.

7. Delegations

Under paragraph 6.18.3 of the Nelson City Council’s Delegations Register, the Hearings Panel has the following specific delegation: The Hearings Panel has the power to name all features within the city requiring naming including roads, streets, service lanes, plazas, parking areas, parks, reserves, gardens and all public facilities or infrastructure

Item 7: Application for naming of a private Right of Way - 112 Washington Road

Hearings Panel - Other

4 December 2018

REPORT R9852

Application for naming of a private Right of Way - 112 Washington Road

1. Purpose of Report

1.1 To accept or decline to accept an application for the naming of a Private Right of Way servicing Lots 2 to 6 on Land Transfer Plan LT 522151, as shown in Attachment 1 (A2090692) and Attachment 2 (A2090763).

2. Recommendation

That the Hearings Panel - Other

Receives the report Application for naming of a private Right of Way - 112 Washington Road (R9852) and its attachments (A2020692 and A2090763); and

Accepts the name of “Jack Brown Way” for the Right of Way servicing Lots 2 to 6 on Land Transfer Plan LT 522151 (A2090763).

3. Background

3.1 The applicant has proposed three names for this Right of Way, in order of preference:

3.1.1 “Magnolia Way” - this was chosen as the subdivision development was designed for the Right of Way to start between two magnolia trees at the bottom of the original lot. This name will carry on the theme which the developers have created with these trees, and they intend to line the Right of Way with a trimmed hedge up both sides using a plant that will complement the magnolia trees.

3.1.2 “Jack Brown Way” - Jack Brown was the previous owner of the land which is being subdivided.

3.1.3 “Washington Rise” - in keeping with the theme of the Washington Valley and the history that surrounds it.

4. Discussion

4.1 The Council has no authority to name private roads or ways, other than to note a name for inclusion in Council’s records.

Compliance with Council road naming guidelines

4.2 In considering an application for the naming of a private Right of Way, the Council should consider the following relevant road naming guidelines:

4.2.1 Whether the name is similar in sound or spelling to any road name in the Nelson City Council and Tasman District Council area; and

4.2.2 Whether the name is likely to cause any offence.

Evaluation of proposed names:

4.3 For “Magnolia Way” there is a similar name of Magnolia Place in the Tasman District Council area.

4.4 There is no similar name to “Jack Brown Way” in the Nelson City Council and Tasman District Council areas. The applicant has advised that Jack Brown is deceased and there are no descendants from whom approval can be obtained.

4.5 “Washington Rise” is similar to Washington Valley Road in the Nelson City Council area and therefore conflicts with the road naming guidelines.

5. Options

5.1 Council officers recommend that “Jack Brown Way” be accepted, given the other two proposed names are similar to existing names. The Council could decline to accept any names and ask the applicant to submit alternatives.

Author: Kathy Mardon, Consents Subdivision Administrator

Attachments

Attachment 1: A2020692 - Right of way to be named - 112 Washington Road ⇩

Attachment 2: A2090763 - Land Transfer Plan - LT 522151 ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The Council has the authority to name roads, pursuant to s 319(j) of the Local Government Act 1974. The Council does not have the authority to name Private Rights of Way, but may agree to note and record the name in Council systems and records

2. Consistency with Community Outcomes and Council Policy

· The decision in this report supports the following community outcome:

· Our Council provides leadership and fosters partnerships, a regional perspective and community engagement.

3. Risk

4. Financial impact

No additional resources are required.

5. Degree of significance and level of engagement

The recommendations outlined in this report are of low significance and therefore no consultation in addition to that undertaken by the applicant is planned.

6. Inclusion of Māori in the decision making process

Māori have not been consulted in this application for the naming of a private right of way.

7. Delegations

Under paragraph 6.18.3 of the Nelson City Council’s Delegations Register, the Hearings Panel has the following specific delegation: The Hearings Panel has the power to provide advice on appropriate names for private roads, rights of way, or other legal forms of private access to property.

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

Hearings Panel - Other

4 December 2018

REPORT R9749

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

1. Purpose of Report

1.1 To approve proposed alterations to Schedules of the Parking and Vehicle Control Bylaw (2011), No 207, to give effect to minor safety and parking improvements, roading improvements carried out as part of the capital works programme and changes from new subdivisions.

2. Recommendation

That the Hearings Panel - Other

Receives the report Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules (R9749) and its attachments (A2088351 and A2097917); and

Approves amendments detailed in the report R9749 to the following Schedules of the Bylaw, Parking and Vehicle Control (2011), No 207:

· Schedule 4

· Schedule 9

· Schedule 14

3. Background

3.1 The Parking and Vehicle Control Bylaw 2011 allows for the Council by resolution, to add, amend or delete specifications contained within the Schedules. The Council has delegated this power to the Hearings Panel -Other. To ensure that the Bylaw is enforceable it is important to ensure that the Schedules are updated on a regular basis. The Bylaw Schedules were last updated in October 2018.

3.2 Minor alterations and additions are proposed to Schedules 4, 9 and 14 of the Bylaw as detailed in section 4.

3.3 The proposed alterations and additions are shown for indicative purposes only by plans attached to this report. The purpose of these plans is to assist the panel to easily and quickly understand the nature of the changes proposed. These plans will not form part of the final bylaw. The actual changes as they will be incorporated into the final Bylaw, and with the level of detail required for enforcement purposes, are set out in the schedule of changes appended as Attachment 2.

4. Discussion

Schedule 4: Special Parking Areas

4.1 Stoke Z Station Bus Stop

4.1.1 To enable the installation of a bus shelter near the Z petrol station, Stoke, the bus stop requires relocation to a more suitable location. The relocated bus stop provides better visibility for both bus users and drivers, and allows the shelter to be installed without removing nearby street trees. The proposed location is shown in Attachment 1, titled 4.1. Consultation with Z petrol station and SBL has taken place, with both supporting the proposal. Officers support this change.

4.2 Stoke School Bus Stop

4.2.1 In conjunction with the installation of a new bus shelter outside 580 Main Road Stoke, minor changes are proposed to the existing bus stop as shown in Attachment 1, titled 4.2. It is proposed that the bus stop be lengthened 10m south of the current location to enable buses to enter and exit the bus stop unimpeded. This additional length will also cater for longer buses now running on Nelson/Richmond NBus services. Consultation with the adjoining property owner has been undertaken, and their support is provided for this layout, taking into consideration the short periods where buses may overhang the resident’s driveway to 580 Main Road Stoke. Officers support this change.

4.3 Haven Road Bus Stop Alterations

4.3.1 As a result of the Haven Road (Maitai to Rocks Road) shared path project, various roading improvements have occurred which now require updating in the bylaw. Two existing bus stops on Haven Road have been altered as part of this project as shown in Attachment 1, titled 4.3. Consultation for these changes was undertaken during detailed design of the wider project. Officers support this change.

4.4 Nelson Centre of Musical Arts Mobility Park

4.4.1 Following completion and reopening of the Nelson Centre of Musical Arts (NCMA), Council received feedback from various members of the public highlighting the need for mobility parking in the vicinity of the NCMA. As a result of this, Council has been working with NCMA to find suitable locations. One mobility park is currently proposed, as shown in Attachment 1, titled 4.4. It is intended that once consultation and further discussions have taken place, a second mobility park will be provided, which will come to a future Hearings Panel – Other for approval. Officers and NCMA board members support this change for one mobility car park.

Schedule 9: No Stopping and No Parking Areas

4.5 145 Waimea Road Bus Stop

4.5.1 It is proposed to remove two car park spaces directly outside 145 Waimea Road, south of the bus stop, as shown in Attachment 1, titled 4.5. These car parks impede the safe and efficient merging of NBus services onto Waimea Road, and it is proposed that these two car parks be replaced by no stopping. A request for feedback from directly affected residents received no objections. Officers support this change.

4.6 Haven Road Cycleway Roading Alterations

4.6.1 As a result of the Haven Road (Maitai to Rocks Road) shared path project, various roading improvements have occurred which now require updating in the bylaw. Various no stopping lines have been installed/removed/altered as shown in Attachment 1, titled 4.6. Consultation for these changes was undertaken during detailed design of the wider project. Officers support these changes.

4.7 Exeter Street Subdivision

4.7.1 As a result of the Exeter Street subdivision being vested to Council, no stopping at the cul-de-sac end of Exeter Street as shown in Attachment 1, titled 4.7 needs to be included in the bylaw schedules. This installation aligns with Council land development requirements. Officers support this installation.

4.8 Kakano Lane

4.8.1 As a result of the Daelyn Drive subdivision recently being vested to Council, no stopping at the cul-de-sac end of Kakano Lane as shown in Attachment 1, titled 4.8 needs to be included in the bylaw schedules. This installation aligns with Councils land development requirements. Officers support this installation.

4.9 Waterson Lane

4.9.1 As a result of the Waterson Lane subdivision recently being vested to Council, the need to include in the bylaw schedules no stopping at the cul-de-sac end of Waterson Lane is now required as shown in Attachment 1, titled 4.9. This installation aligns with Council’s land development requirements. Officers support this installation.

4.10 Potteries Way

4.10.1 Following completion of Potteries Way, no stopping around the turning areas of Potteries Way as shown in Attachment 1, titled 4.10, needs to be included in the bylaw schedules. This installation aligns with Council’s land development requirements. Officers support this installation.

Schedule 14: Give Way Signs

4.11 Queen Elizabeth II Drive / Wildman Ave Intersection Give Way

4.11.1 As a result of the Haven Road (Maitai to Rocks Road) shared path project, various roading improvements have occurred which now require updating schedules in the bylaw. To improve safety at the Queen Elizabeth II Drive/Wildman Ave intersection, the installation of a Give Way was required and is shown in Attachment 1, titled 4.11. Feedback regarding this change has been positive and Officers support this update.

4.12 Exeter Street / Barham Place Give Way

4.12.1 As a result of Barham Place being vested to Council, the Give Way control located at the intersection of Barham Place and Exeter Street requires inclusion within the bylaw schedule. Attachment 1, titled 4.7, shows the location of this Give Way which is in line with Council’s land development guidelines. Officers support this installation.

4.13 Waterson Lane / Village Lane Give Way

4.13.1 As a result of Waterson Lane being vested to Council, the Give Way control located at the intersection of Waterson Lane and Village Lane requires inclusion within the bylaw schedule. Attachment 1, titled 4.9, shows the location of this Give Way which is in line with Council’s land development guidelines. Officers support this installation.

5. Options

5.1 There are limited options for the items presented in this report as the majority in schedules 4, 9 and 14 are proposed changes to improve safe and efficient traffic movement. Option 1 is the preferred option.

Option 1: Adopt changes as attached for Schedules 4, 9 and 14 without changes
Advantages	· Changes to Schedules are designed to improve safety and efficiency
Risks and Disadvantages	· Nil
Option 2: Do not adopt changes as attached for Schedules 4, 9 and 14.
Advantages	· There are no identified advantages
Risks and Disadvantages	· Failure to approve changes could result in unsafe and inefficient use of the roading network. · Failure to update Schedules will open enforcement to challenge. · Failure to approve changes will delay or prevent development under the Resource Management Act (RMA).

Author: Matt Bruce, Team Leader Transport and Solid Waste

Attachments

Attachment 1: A2088351 Proposed changes shown indicatively on aerials ⇩

Attachment 2: A2097917 Schedule of changes to Parking and Vehicle Control Bylaw ⇩

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 the safe use of the roading and parking network in the City.

2. Consistency with Community Outcomes and Council Policy

The content and recommendations of this report are consistent with Councils 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 up to challenge.

4. Financial impact

Costs are within allocated annual budgets for road maintenance or capital projects, or where required, were covered by private individuals during development.

5. Degree of significance and level of engagement

This matter is of low significance. Nearby businesses and residents that could be affected, have been consulted.

6. Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report.

7. Delegations

The Hearings Panel - Other has the following delegations to consider changes to the Parking and vehicle Control Bylaw.

Powers to Decide:

· The power to make changes to the schedules to the Parking and Vehicle Control Bylaw that do not require public consultation

· The power to hear submissions and recommendations on proposed changes to the schedules to the Parking and Vehicle Control Bylaw requiring public consultation