Item 7: Upper Trafalgar
Street - Pedestrian Mall Declaration - Council Deliberations
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Council
27 August 2019
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REPORT R10370
Upper
Trafalgar Street - Pedestrian Mall Declaration - Council Deliberations
1. Purpose
of Report
1.1 To
provide information to assist Council in considering submissions and making a
decision on the proposal for a Pedestrian Mall Declaration for Upper Trafalgar
Street to provide for permanent prohibition of motor vehicles for 365 days per
year, subject to some specified exemptions.
1.2 More
widely, the purpose of any decisions resulting from the information in this
report is to respond to community demand for a public space in the city centre.
2. Summary
2.1 After
two successful temporary summer closures of Upper Trafalgar Street, Council has
responded to continued public feedback seeking permanent closure to motor
vehicles. A Special Consultative Procedure was undertaken for a proposal to
declare Upper Trafalgar Street a pedestrian mall, prohibiting motor vehicles
365 days per year with specified exemptions.
2.2 The
Statement of Proposal set out Council’s preferred approach, as well as
two other options that were practicably available to it.
2.3 This
report covers the main issues raised in feedback received on the Upper
Trafalgar Street pedestrian mall declaration Statement of Proposal.
2.4 Officers
have also made recommendations in relation to how issues raised by submitters
can be addressed in the design and operation of the pedestrian mall. This
includes providing a design brief in Attachment 1 for Councils consideration.
2.5 To
allow time for a comprehensive longer term design to be undertaken, and for its
construction, a temporary design (light touch) of the space is proposed for the
coming busy summer period. The permanent design would be constructed in winter
2020.
3. Recommendation
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That the Council
1. Receives the report Upper
Trafalgar Street - Pedestrian Mall Declaration - Council Deliberations
(R10370) and its attachment (A2240962); and
2. Approves
the declaration of Trafalgar Street between Hardy Street and Selwyn Place as
a Pedestrian Mall prohibiting motor vehicles 365 days a year with exemptions
to enable:
(a) access by
emergency, litter collection, maintenance
and street cleaning vehicles at any
time;
(b) access
by delivery and service vehicles between
the hours of 6am and 8am;
(c) access by other vehicles required for the
purposes of maintenance and building work relating to any property on Upper
Trafalgar Street as approved by the Group Manager Infrastructure on a case by
case basis; and
3. Approves delegation to the
Group Manager Infrastructure for the authority to approve vehicle access to
Upper Trafalgar Street for the purposes of maintenance and building work
relating to any property on Upper Trafalgar Street; and
4. Directs officers, through the
Upper Trafalgar Street design brief in Attachment 1 (A2240962), to provide
for a performance area(s) that can be booked via Council’s customer
service centre; and
5. Directs officers, through the
city centre programme, to look at ways to achieve public space amenity gains
in other areas of the city centre; and
6. Directs officers, through the
design brief in Attachment 1 (A2240962), to provide alternative mobility
parks and drop off space and encourage slow speeds for bicycles and other
mobility devices; and
7. Directs officers to use the
design brief in Attachment 1 (A2240962) to ensure design outcomes for the
Pedestrian Mall address issues raised by submitters; and
8. Directs officers to consult
with the businesses and occupiers in Upper Trafalgar Street and the City
Centre Focus Group during development of the both the light touch design and
final design of the Pedestrian Mall and report back to the City Centre
Committee.
9. Approves that the Officer
Delegations Manual be updated to reflect the above decisions.
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4. Background
4.1 On
20 June 2019, Council resolved to undertake a Special Consultative Procedure
between 24 June and 24 July 2019 on a proposal to declare Upper Trafalgar
Street a Pedestrian Mall for 365 days a year. The proposed Pedestrian Mall
declaration would prohibit motor vehicles from Upper Trafalgar Street other
than emergency vehicles, maintenance vehicles and service vehicles at specified
times.
4.2 A
copy of the Statement of Proposal is provided at www.nelson.govt.nz/upper-trafalgar-street.
The Statement of Proposal outlines three options and proposes option two as the
preferred option, described as follows:
Option
2:
3.2 Nelson
City Council proposes that under the declaration motor vehicles will be
prohibited in Upper Trafalgar Street 365 days per year. The street would
provide for pedestrians as a priority. Vehicles not classed as
‘motor vehicles’ will still be able to access the street (i.e.
bicycles, mobility scooters, e-bikes/scooters).
3.3 The
declaration is proposed to include exemptions for:
3.3.1 Vehicles
specifically authorised by Council to enter Upper Trafalgar Street for purposes
such as emergency, litter collection, maintenance and street cleaning. This
exemption is proposed to apply 24 hours per day; and
3.3.2 Service
vehicles associated with deliveries to the businesses fronting Upper Trafalgar
Street. This exemption is proposed to apply between the hours of 6am and
8am daily.
5. Discussion
Summary
of submissions
5.1 The
submission period for the Special Consultative Procedure was 24 June to 24 July
2019. During that period, a total of 214 submissions were received. The
submissions are provided at www.nelson.govt.nz/upper-trafalgar-street
and can be categorised as follows:
· 187
(87%) of the submissions were in favour of a pedestrian mall declaration that
resulted in motor vehicles being prohibited in Upper Trafalgar Street either
for the summer or 365 days a year.
· 140
(65%) of the submissions were in favour of a pedestrian mall declaration that
resulted in motor vehicles being prohibited in Upper Trafalgar Street 365 days
a year.
· 12
(6%) of the submissions were in favour of a pedestrian mall declaration that
resulted in motor vehicles being prohibited in Upper Trafalgar Street during
the summer months only. These submitters were concerned that there would be a
lack of activity in the space during the winter months and that this is a
reason to keep it open to motor vehicles.
· 35
(16%) submitters were in favour of a closure but did not make it clear which
closure option they favoured.
· 15
(7%) of the submissions were in favour of a pedestrian mall declaration that
resulted in motor vehicles being prohibited in Upper Trafalgar Street and
suggested that other streets in the city centre should also be declared
pedestrian malls with similar vehicle restrictions. Specific areas suggested were:
other sections of Trafalgar Street; Hardy Street; Church Lane; New Street; and
all city centre streets within the ring roads.
· 16
(8%) of the submissions were in opposition to a pedestrian mall declaration
that resulted in motor vehicles being prohibited in Upper Trafalgar Street at
least some of the time. The reasons given included: the economic impact on
businesses in other areas of the city centre; the loss of parking; the loss of
the vehicle link between Selwyn Place and the city centre; and the cost falling
to ratepayers.
· 10
(5%) of the submissions were unclear about whether they supported or opposed
the pedestrian mall declaration.
5.2 Other
issues commonly raised in the submissions included: the split between public
and private space; the design and provision of furniture/play equipment/art in
the public space; the provision of a performance area, access for the elderly
and mobility impaired; and concern around the vitality of the space in winter
months.
5.3 At
this meeting, Council will deliberate on the feedback, ensuring that the
reasons for any decisions are made clear so that this can be conveyed to
submitters as required by the Local Government Act 2002, Section 82 (1)(f):
“that persons who
present views to the local authority should have access to a clear record or
description of relevant decisions made by the local authority and explanatory
material relating to the decisions, which may include, for example, reports
relating to the matter that were considered before the decisions were made.”
5.4 Key
issues raised by the submitters are discussed in more detail below and officer
recommendations are provided below each submission topic where needed.
Officers have recommended that the pedestrian mall be implemented with a light
touch design this summer to enable establishment to coincide with the Arts
Festival opening on 18 October.
5.5 Over
the summer officers will work to create a permanent design that can be
constructed during the winter months. The permanent design is proposed to
be implemented out of a design brief addressing key issues recommended in this
report. A summary of the design requirements to inform the brief are provided
at the conclusion of the discussion of the issues below, and the design brief
supporting it is included in Attachment 1.
Summer
months or 365 day per year
5.6 In
preparing the draft Statement of Proposal, officers considered whether the
prohibition on motor vehicles should be for summer only, or for 365 days per
year. The recommendation from officers was that the 365 day a year
pedestrian mall declaration was the proposal that should be consulted on.
Council resolved in the 20 June meeting and approved the Statement of Proposal
on this basis.
5.7 A
detailed discussion of the advantages and disadvantages associated with each
option is included in section 6 of this report.
5.8 As
summarised in the section above, 140 (65%) submitters were in favour of the
permanent 365 day a year closure to motor vehicles. 12 (6%) of submitters were
in favour of the summer only closure and 35 (16%) submitters were in favour of
a closure but did not make it clear which closure option they favoured.
5.9 The
pedestrian mall declaration, unlike a road stopping, provides Council with the
opportunity to review it in the future and change the specified hours of the
declaration following a special consultative procedure. Should there be
concern regarding the workability of the specified exemptions or the 365 day
per year declaration, the declaration can be reviewed.
5.10 Officer
recommendations associated with this issue are provided after the exemptions
section below.
Exemptions
5.11 It
is important that emergency vehicles are able to access Upper Trafalgar Street
at all times. Some form of automatic retractable bollard or locked manually
folding bollard that allows access for emergency vehicles will be included in
the final design.
5.12 From
time to time it will be necessary for vehicles to access Upper Trafalgar Street
to allow maintenance and construction of buildings and the road itself. Any
exception for motor vehicles for this purpose should only be made where heavy
or large items need to be transported close to the site. It is recommended that
the Group Manager of Infrastructure be delegated authority to approve or
decline applications for this on a case by case basis.
5.13 Some
of the businesses in Upper Trafalgar Street do not have a right of access to a
road other than Upper Trafalgar Street. Therefore it is recommended that
service and delivery vehicles be allowed into Upper Trafalgar Street at limited
times when pedestrian activity is low. To prevent the street being used by
other vehicles during this time the design will allow for an opening only at
one end.
Recommendations:
Approves
the declaration of Trafalgar Street between Hardy Street and Selwyn Place as a
Pedestrian Mall prohibiting motor vehicles 365 days a year with exemptions to
enable:
(a) access by emergency, litter collection,
maintenance and street cleaning vehicles at any time;
(b) access by delivery and service vehicles between the
hours of 6am and 8am;
(c) access by other vehicles required for the
purposes of maintenance and building work relating to any property on Upper
Trafalgar Street as approved by the Group Manager Infrastructure on a case by
case basis.
Approves
delegation to the Group Manager Infrastructure for authority to approve vehicle
access to Upper Trafalgar Street for the purposes of maintenance and building
work relating to any property on Upper Trafalgar Street.
Winter Activation
5.14 12
submitters were in favour of prohibiting motor vehicles during the summer only.
Almost all of these submissions were concerned that the Upper Trafalgar Street
space would feel empty and lifeless without vehicles driving through in the
colder months. A number gave the example of how the area is almost empty of
activity currently.
5.15 With
motor vehicles currently allowed in Upper Trafalgar Street outside summer
months, the space is less attractive and the presence of motor vehicles
themselves discourage pedestrians and public use of the area. The prohibition
of motor vehicles from Upper Trafalgar Street would allow more permanent
performance space and furniture to be installed in the space making it more
attractive to users.
5.16 The
Nelson Arts Festival Trust and the Nelson Buskers Festival/Three Bridges
Productions both submitted on the need for performance space to be allocated
within Upper Trafalgar Street and noted that there are issues with trees at the
Hardy Street end, and issues with 1903 square at the Selwyn Street end.
The need to ensure the space is easily bookable and available for the community
when there are no curated events was also highlighted.
5.17 Currently,
the relatively time consuming process for a temporary road closure results in
community groups or performers not being able to easily use the space for
performances or gathering. Permanently prohibiting motor vehicles from the
space would allow these other activities to take place and contribute further
to the vitality of the area.
5.18 For
the 4lanes festival in August 2019 Council had 28 expressions of interest in
four days for performers wanting to use the space. Providing a permanent
performance space and an easy booking system for Upper Trafalgar Street will
enable winter activation. This can be implemented as part of the design
brief in attachment 1 of this report.
Recommendation:
Directs
officers, through the Upper Trafalgar Street design brief in
Attachment 1 (A2240962), to provide for a performance area(s) that can be
booked via Councils customer service centre.
Pedestrianising Beyond Upper Trafalgar Street
5.19 15
submitters stated a desire to see other roads in the city centre closed to
motor vehicles. Some wanted to see one more section of road closed such as
Trafalgar Street between Hardy Street and Bridge Street or Hardy Street between
Trafalgar Street and Collingwood Street or Church Street. Others wanted to see
the closure of all of the streets in the city centre inside the ring roads.
5.20 The
Pedestrian Mall declaration consulted on did not give options for streets other
than Upper Trafalgar Street.
5.21 As
part of the development and implementation of the City Centre Programme Plan,
there may be further road sections that are identified for possible
pedestrianisation that can be trialled and considered by Council.
5.22 Any
options other than what was proposed in the Statement of Proposal are out of
scope and are unable to be considered as part of deliberations on this
consultation.
Economic Effects
5.23 The
economic effects of the trial closures were discussed in the previous Council
report, and are summarised in the table below. (Note that the “New
Street” label replaces the previously used and incorrect
“Collingwood Street” label).
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AREA of growth in hospitality
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2017-18 vs 2016-17
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2018-19 vs 2016-17
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2018-19 vs 2017-18
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Year 1 closure vs pre-closure
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Year 2 closure vs pre-closure
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Year 2 closure vs year 1 closure
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New Street
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7.9%
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8.4%
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0.4%
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Hardy Street
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5.3%
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-1.0%
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-5.9%
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Trafalgar Street
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40.0%
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10.9%
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-20.8%
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Rest of Nelson
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3.5%
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16.8%
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12.8%
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Total Nelson City
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9.1%
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13.8%
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4.4%
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5.24 The
hospitality spend data over the period of the three trials shows that there was
an initial increase in spending in Upper Trafalgar Street in the first year
before spending growth dropped back again to close to the average for the
hospitality spend for the city as a whole.
5.25 Feedback
received from businesses outside Upper Trafalgar Street focused mainly around
concerns that customers were being drawn away from their businesses to those on
Upper Trafalgar Street. The economic data shows that this may be the case for
Hardy Street businesses but not for the rest of the city.
5.26 The
City Centre Programme Plan will result in activation throughout the central
city, benefiting the public, residents, visitors and ultimately all business
owners. The success of the Upper Trafalgar Street precinct is also due to
the investment of those private businesses in the public space and their
investment in business location being mutually beneficial to each other.
City centre activation projects in other parts of the city are unlikely to
diminish the area’s popularity and offer significantly.
Recommendation:
Directs
officers, through the city centre programme, to look at ways to achieve public
space amenity gains in other areas of the city centre.
Vehicle flows
5.27 A
small number of submitters have raised concerns around the operation of Park
Street and the slightly increased travel times for drivers wanting to turn
right from Rutherford Street into the upper end of the city centre.
5.28 Council
has previously considered the changes in vehicle flows on the roads surrounding
Upper Trafalgar Street before, during and after the trials. The main effects of
the trial closures on traffic flow in the area were identified as:
· There
were significant variations in the daily “before and after” traffic
flows at all four locations surveyed. This would indicate drivers are adapting
to the road closure and adjusting their routes through the city centre
accordingly.
· The
most significant traffic effect, while small in vehicle numbers and reducing
between summers (122 to 79 vpd), occurs in the use of Park St. This public road
is predominantly used for servicing the Upper Trafalgar St businesses.
While reducing between summers there has been an increase in the use of this
route by general traffic during the closure which has caused some conflicts
between businesses, deliveries and through motorists. This is an operational
issue which, given the overall low volumes which are reducing is able to be
managed. The reduction in additional users of Park Street between summers is
indicative of drivers moderating their behaviour and changing their
expectations of this as an alternative through route.
5.29 A
preliminary investigation into the opportunity to reintroduce the right turn
movement from Rutherford Street into Hardy Street has been made. The right turn
phase from Rutherford St northbound into Hardy St east bound existed until
about 2007. This caused queuing, on occasions, back to the Selwyn Place
intersection which impacted on the southbound flows through this part of the
City ring road. The phase was removed but a filter movement (allowing right
turning vehicles to turn while still having to give way to approaching through
vehicles) remained. The crash history associated with this filter movement
resulted in this intersection having the worst crash record in the City at the
time. The right turn was banned around 2009 and cycle lanes introduced.
5.30 The
impact of reinstating this turn has not been assessed in detail but a number of
issues have been identified:
· The
introduction of an additional lane through this section of Rutherford St would
require either the removal of the 4 popular parking bays, or the removal of the
cycle lanes.
· It
would introduce a new phase into the traffic signal timing that would add in
the order of 30 seconds (depending on demand) to the phase timings. This would
increase delays for southbound traffic on Rutherford St and all traffic on
Hardy St.
· There
is still potential that the queues from this intersection (depending on demand)
will impact on the Selwyn Place intersection.
5.31 In
summary, the traffic effects of prohibiting motor vehicles from Upper Trafalgar
Street are relatively minor with drivers ultimately able to navigate their way
into the central city as they became used to not having Upper Trafalgar Street
available. Officers recommend that the Infrastructure Activity Managers
continue to monitor traffic flows as users become accustomed to the pedestrian
mall, and make any operational changes to Park Street as may be identified as
necessary.
Public/Private space allocation
5.32 14
submitters raised the issue that they thought the space in Upper Trafalgar
Street was not split between public space and leased space appropriately. All
of the submitters that raised this issue wanted to see a greater proportion of
the space available to the public without having to purchase food or a drink
from one of the hospitality businesses.
5.33 Both
the public and Council recognise that the commercial activity of outdoor dining
has been a positive means to activate Upper Trafalgar Street. While
outdoor dining activity is supported, feedback has supported the opportunity
for the space to also serve other potential people-focused uses and event
potential with the adjacent linkages to Piki Mai/Cathedral Hill and 1903 Square
being improved.
5.34 Officers
consider that the design of the pedestrian mall needs to better reflect an
appropriate balance of public to private space than has occurred as part of the
temporary closures. While the exact design has yet to be developed the diagram
below illustrates the change in focus proposed to be implemented during the
design of the permanent pedestrian mall. Officers have included in the
design brief in Attachment 1 a matter to address the implementation of
appropriate public to private space allocation.
Leases for Outdoor Dining
5.35 Four
submitters, two of them representing businesses in Upper Trafalgar Street,
raised the issue of rent for the additional outdoor dining area being too
expensive, especially if the businesses had to pay for the space all year
round.
5.36 During
the 2018/19 temporary summer closure of Upper Trafalgar Street, the restaurants
and cafes were given the opportunity to extend their outdoor dining areas to
take advantage of the closure.
5.37 Rent
for the additional space was charged based on advice from a registered valuer.
Rather than have a valuer undertake a valuation for each property, a model has been
developed for Council officers to use in determining rent for outdoor space.
The model takes into account, where in the city centre the site is and the
total area of outdoor dining for the business in question. As a result, Council
does not apply a fixed rate throughout the city centre as this would not
reflect the value of the land to the business.
5.38 The
highest value sites are in Upper Trafalgar Street so the rent is higher there
than say in New Street. The larger the area that the business rents, the lower
the amount it costs per square metre. This recognises that, above a certain
area, the utilisation of the space is likely to reduce and therefore it is not
of as high value.
5.39 Officers
consider that the leased outdoor dining areas need to reduce in size from those
allocated during the temporary closures, and that they should be all year round
leases, rather than allowing just summer occupation. This will be
consistent with how leases are granted throughout the rest of the city centre
and encourage business owners to invest in winter activation of the
spaces. No change is proposed to the licensing fees and process.
5.40 Officers
have made recommendations in relation to the need to define an appropriate
portion of public to private space allocation in the design brief in Attachment
1 of this report. As part of giving effect to the brief discussed in
Attachment 1 officers will consult with the business owners to negotiate lease
spaces.
5.41 The
Nelson Marlborough District Health Board submitted that the visibility of the
outdoor dining areas has the potential to create alcohol harm and suggested
that high screening be used to avoid public viewing people consuming
alcohol. Officers do not support screening off the outdoor dining areas
and note that the extent of licensed areas will be scaled back from last year
as part of the allocation of public over private space. Outdoor dining
including consumption of alcohol is a lawful activity and will be subject to
liquor licence conditions.
5.42 To
assist the holders of liquor licences in managing their designated areas, the
light touch design will mark out licenced area with ground level markers.
Barriers will not be supported unless the licence holder can demonstrate a real
need as priority is to be given to the public space and public activation with
furniture, art or other installations. The design process will create a palate
of appropriate barriers that can be purchased by licence holders and installed
within their license area subject to conditions.
Accessibility
5.43 17
submitters raised the issue that those with mobility problems would find it
more difficult to access the businesses and facilities on Upper Trafalgar
Street. Members of The Nelson Women’s Club have been particularly
concerned about this issue due to the club having many older members.
5.44 There
are currently two mobility parking spaces in Upper Trafalgar Street, both at
the Bridge Street end. It is proposed to establish mobility parking spaces on
Selwyn Place and Hardy Street adjacent to Upper Trafalgar Street to replace
those that would be lost if Council approves the Pedestrian Mall declaration.
The figure below shows indicative locations for mobility parking spaces.
5.45 Prohibiting
motor vehicles from Upper Trafalgar Street will still allow the use of
motorised mobility scooters as these are not defined as motor vehicles.
5.46 The
Nelson Women’s Club has also raised the issue of how caterers to its
events will access the club if they are unable to park directly outside the front
door. Officers consider that, given that caterers are unlikely to suffer from
any personal mobility issues and that there are other options for parking on
Hardy Street, Selwyn Place and Trafalgar Square it is unlikely that the
prohibition of motor vehicles from Upper Trafalgar Street will prevent delivery
of catering to The Nelson Women’s Club. Vehicle delivery to the door will
also be available during the morning when Upper Trafalgar Street would be open
to service and delivery vehicles.
5.47 To
allow for the drop off and pick up of goods and people, the design team will
consider whether a drop off/loading space can be established close to Upper
Trafalgar Street on Selwyn Place without compromising the safety of the area or
the function of the space for events.
5.48 Nine
submitters sought that bikes and other personal mobility devices were banned
from Upper Trafalgar Street due to conflicts with pedestrians. Officers
consider that conflicts are due to the speed by which some cyclists used the
space, and that this is best addressed by the design of the public space
encouraging low speed and non-direct routes through design and furniture
placement.
Recommendation:
Directs
officers, through the design brief in Attachment 1 (A2240962), to
provide alternative mobility parks and drop off space and encourage slow speeds
for bicycles and other mobility devices.
Design
5.49 Detailed
design work for the Pedestrian Mall declaration is required. The design of
Upper Trafalgar Street pedestrian mall will give effect to, and be consistent
with, the six key moves of the city centre programme. Council officers
experienced in urban and public space design have prepared the design brief in
Attachment 1. The brief is intended to detail the design outcomes that will be
needed to address the issues raised by submitters.
5.50 Should
Council decide to approve the Pedestrian Mall declaration, the design of Upper
Trafalgar Street shall be led by the design brief which includes the following
requirements:
· There
will be an initial “light touch” design that is suitable for
implementing before summer 2019/20 with a longer term, aspirational and more
permanent design to be developed for construction following the peak summer
2019/20 period.
· There
will be a greater focus on the public realm function of the space with a larger
proportion of the space being made available for public use than that during
the two temporary closures in 2017/18 and 2018/19.
· The
design will incorporate parking for those with mobility challenges in close
proximity to both ends of Upper Trafalgar Street.
· The
design will allow for a loading zone at either end of Upper Trafalgar Street
for the purposes of loading and unloading goods or people.
· The
design will allow for access for emergency vehicles, delivery and service
vehicles, and the occasional maintenance or construction vehicle subject to the
final resolution.
· The
design will encourage slow speed for bicycles and personal mobility devices.
· The
design will allow for easy reconfiguration of the space to accommodate events.
· Over
half of the furniture incorporated into the design will be suitable for use by
older adults.
· The
design will provide a clear unified template for a form of relocatable barrier
or delineation between the public and private space for the purposes of
managing liquor licences.
· The
design will integrate 1903 Square and consider future design goals.
· The
permanent design will be consulted on with the occupiers of Upper Trafalgar
Street and the City Centre Focus Group.
Recommendations:
Directs
officers to use the design brief in Attachment 1 (A2240962) to ensure design
outcomes for the Pedestrian Mall address issues raised by submitters.
Directs
officers to consult with the businesses and occupiers in Upper Trafalgar Street
and the City Centre Focus Group during development of the final design of the
Pedestrian Mall and report back to the City Centre Committee.
Funding Implications
5.51 Funding
for the closure over summer before the permanent design is developed will come
out of the City Development budget.
5.52 The
Annual Plan has made provision for $250k for the purpose of the works
associated with declaring Upper Trafalgar Street a Pedestrian Mall subject to
the outcome of Council deliberations on this Special Consultative Procedure.
5.53 The
costs of declaring Upper Trafalgar Street to be a pedestrian mall prohibiting
motor vehicles 365 days per year are estimated to be $250k (including a 30%
contingency) capital as a one off investment. This would provide for
removal of parking meters and bollards, permanent signage, vehicle barriers,
road marking, and more robust street furniture.
5.54 Any
additional funding required for relocatable kit to create a permanent
performance area, and other activation furniture/art or assets can also be
provided from the city development budget and can be used throughout the city
centre.
5.55 There
were a small number of submissions, four in total, that queried why all
ratepayers should contribute to the cost of the physical works when the
businesses in the immediate vicinity are the ones that would benefit. The
Pedestrian Mall would be a public asset, an attraction in the city centre, the
benefits (and flow-on effects) of which are available for all ratepayers to
enjoy.
6. Options
6.1 There
are three options available to Council in considering submissions and
deliberations. Option two is recommended.
6.2 Option
one is to declare Upper Trafalgar Street a Pedestrian Mall with all motor
vehicles prohibited with specified exemptions during restricted times for the
period 18 October to 31 April every year.
6.3 Option
two is to declare Upper Trafalgar Street a Pedestrian Mall with all motor
vehicles prohibited for 365 days per year with specified exemptions. This is
the option recommended by Council officers and is the option best supported by
submitters.
6.4 Option
three is to continue with the status quo with the road open at all times other
than during temporary closures for events.
6.5 It
is important to note that the previous two summer closures were temporary and
as such cannot continue without being further formalised through the road
stopping or pedestrian mall provisions of the Land Transport Act or Local
Government Act.
6.6 The
options available to Council, along with the advantages and disadvantages are
summarised below.
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Option 1: Declare Upper
Trafalgar Street a Pedestrian Mall for the period 18 October to 31 April
every year
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Advantages
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· Provides
a public space in the city centre for community events and gatherings during
the summer.
· Attracts
people to the city centre and encourages them to linger longer and explore
the city supporting local businesses.
· Aligns
with the beginning of the Arts Festival.
· Assists
with implementing Nelson’s Smart Little City aspirations by recognising
Upper Trafalgar Streets role as a people focused space.
· Can
be revoked or varied by a subsequent declaration following a further special
consultative procedure.
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Risks and Disadvantages
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· There
are significant costs to Council in staff and contractor time involved in
processing the summer closure, and physically setting up and removing the
closure each year.
· Summer
closure doesn’t allow Council to invest in permanent robust and more
efficient street furniture and closure barriers. New planter boxes are
required for any additional summer closures as the current ones have reached
the end of their lifecycle.
· Doesn’t
respond to the significant public support for the permanent closure of Upper
Trafalgar Street.
· Doesn’t
provide a public space available for winter activation in the city centre or
for the community, Uniquely Nelson or Museum groups to hold events without
going through a temporary road closure process and its associated 10 week
lead in and administration costs.
· Doesn’t
provide an opportunity to improve the quality of the public space through
permanent investment (i.e. accessible parks, removal of bollards and parking
meters, better crossing points to the Church steps, lighting investment).
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Option 2: Declare Upper
Trafalgar Street a Pedestrian Mall 365 days a year, with exemptions
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Advantages
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· Provides
a public space in the city centre for community events, festivals and
gatherings all year round.
· Attracts
people to the city centre and encourages them to linger longer and explore
the city supporting local businesses.
· Assists
with implementing Nelson’s Smart Little City aspirations by recognising
Upper Trafalgar Streets role as a people focused space.
· Responds
to the public feedback to date supporting the trials and seeking that the
area be pedestrianised all year round.
· Provides
for Council to make a one-off investment in upgrading the space for
pedestrian use, to make it more user friendly and inviting.
· Enables
investment in more permanent accessible parking, signage, street furniture,
shading and heating, other urban elements and storage equipment thereby
making them more robust and reducing ongoing costs associated with a summer
only trial.
· Reduces
officer time and contractor costs associated with establishing and
disestablishing the closure each summer.
· Reduces
uncertainty for regular motor vehicle users in the city centre and allows for
vehicle behaviour to adjust permanently.
· Provides
future opportunities to improve the crossings and relationship between the
Church steps and Upper Trafalgar Street active space.
· Provides
the opportunity for hospitality business to extend their outdoor dining areas
and associated leases more permanently, enabling them certainty to invest in
more robust furniture/ dining experience.
· Can
be revoked or varied by a subsequent declaration following a further special
consultative procedure.
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Risks and Disadvantages
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· There
may be additional work required by Council officers/contractors and budget to
ensure that the space is activated during the winter months.
· There
will be a loss of 12 carparks.
· A
small number of businesses would have to make use of the short term parking
in Selwyn Place or other parking spaces, drop off and loading zones nearby
for out of hour access and deliveries.
· There
may be some tension between users of Park Street until driver behaviour is
self-moderated.
· May
lead to the need for Council to review the function and restrictions on Park
Street in the future (i.e. may require reclassification as loading area, one
way or special access lane).
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Option 3: Status Quo
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Advantages
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· No
additional cost to ratepayers.
· Administratively
very simple for Council with no ongoing Council officer input needed for the
running of the space beyond that currently undertaken.
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Risks and Disadvantages
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· Does
not respond to the public demand for the space to be closed to motor vehicles
in some form.
· Limits
the use of the space for events to a maximum of 31 days a year.
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7. Conclusion
7.1 Council
has undertaken two temporary closures of Upper Trafalgar Street in the summers
of 2017/18 and 2018/19. In response to continued public feedback asking for
permanent prohibition of motor vehicles, Council has undertaken a Special
Consultative Procedure on a proposal to declare Upper Trafalgar Street a
Pedestrian Mall and prohibit motor vehicles, with specified exemptions.
7.2 In
total, 214 submissions were received. 87% were in support of some form of closure
with 65% specifically stating they were in favour of a 365 day a year
prohibition of motor vehicles. 8% of submitters opposed any type of closure.
7.3 A
wide variety of issues were raised by submitters both in support and opposition
of any prohibition of motor vehicles.
7.4 The
majority of issues raised by submitters are able to be addressed by actions in
the design brief. Council officers recommend the approval of a Pedestrian
Mall declaration prohibiting motor vehicles 365 days a year with specified
exemptions as detailed in the Special Consultative Procedure and
recommendations in this report.
8. Next
Steps
Summer
2019/20
8.1 Following
the decisions made during the Council deliberations approval of options one or
two will result in the following work being undertaken by Council officers and
contractors:
· Plan
for the temporary summer physical works.
· Engaging
a contractor to undertake the physical works for the light touch approach
subject to the outcome of any appeal process.
· Negotiation
of outdoor dining leases with the hospitality business owners who are
interested in expanding their outdoor area.
8.2 The
above work will be undertaken in the one month appeal period that will begin
the day after any decision favouring options one or two.
8.3 If
no appeal is lodged, then the light touch summer works will be completed in
time for the opening of the Arts Festival on 18 October 2019.
Permanent
all–year
8.4 If
Council decides to adopt option two then the following work will be undertaken
beginning immediately following the appeal period in preparation for winter
construction.
· Installation
of temporary summer works
· Design
of a permanent pedestrian mall layout
· Design
of the replacement mobility parking spaces and loading zone
· Consultation
with Upper Trafalgar Street businesses and occupiers and with the City Centre
Focus Group regarding the permanent design
· Engage
a contractor to undertake physical work
· The
permanent physical work will then be undertaken at the end of the summer
period.
8.5 Should
an appeal be lodged, the timeframes for closure before summer will be at risk
with the process then becoming subject to the Environment Court processes.
8.6 If
Council chooses to adopt option three of this report then no further action
will be required.
Author: Lisa
Gibellini, Team Leader City Development
Attachments
Attachment 1: A2240962
Upper Trafalgar Street - Pedestrian Mall - Design Brief ⇩
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Important considerations for decision making
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1. Fit
with Purpose of Local Government
Consideration of the community’s views on the
proposal to declare Upper Trafalgar Street to be a pedestrian mall allows
Council to meet its purpose under the Local Government Act by enabling
democratic local decision-making and action by, and on behalf of,
communities.
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2. Consistency
with Community Outcomes and Council Policy
A decision on the proposal to declare Upper
Trafalgar Street to be a pedestrian mall aligns with the following Community
Outcomes:
• Our
Council provides leadership and fosters partnerships, a regional perspective
and community engagement; and
• Our
communities have opportunities to celebrate and explore their heritage,
identity and creativity; and
• Our
urban and rural environments are people-friendly, well-planned and
sustainably managed.
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3. Risk
Should Council declare a Pedestrian Mall in Upper
Trafalgar Street the main risk is that an appeal could be lodged in the
Environment Court. This would significantly impact the timeframes for
delivery of the project to beyond the peak summer period.
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4. Financial
impact
Provision for the physical works of $250k has been
included in the Annual Plan subject to the outcome of these deliberations.
Further budget for the temporary summer closure is available from the City
Development budget.
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5. Degree
of significance and level of engagement
This decision to declare Upper Trafalgar Street to be a
pedestrian mall is a matter of high significance to the community,
hospitality businesses in Upper Trafalgar Street and other parts of the city,
and therefore the special consultative procedure has been undertaken.
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6. Inclusion
of Māori in the decision making process
No consultation with Māori was undertaken for this
report.
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7. Delegations
The decision relates to City Centre enhancement, business,
economic development and tourism, events, a pedestrian mall and loss of car
parking. Responsibility for these areas does not fall clearly to a
single Council committee. Therefore, the decision is referred to the Council.
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Nelson City Council
