Agenda of Hearings Panel - Other

Notice of the ordinary meeting of the

Hearings Panel - Other

Rōpū Rongonga – Aha atu anō

Date: Wednesday 02 December 2020
Time: 9.00 a.m.
Location: Council Chamber, Civic House
110 Trafalgar Street
Nelson

Agenda

Rārangi take

Chair Cr Judene Edgar

Members Cr Rohan O’Neill-Stevens

Cr Brian McGurk

Pat Dougherty

Chief Executive

Nelson City Council Disclaimer

Please note that the contents of these Council and Committee Agendas have yet to be considered by Council and officer recommendations may be altered or changed by the Council in the process of making the formal Council decision.

Hearings Panel – Other

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.

Membership:

All elected members aside from the Mayor, in rotation. Each Hearings Panel-Other will be made up of three members.

The Group Manager Environmental Management may appoint one or more Independent Commissioners to either assist the Hearings Panel - Other or to hear and determine any particular application, such as when Council or a Council-Controlled Organisation or Council-Controlled Trading Organisation is (or could be perceived to be) an interested party, other than applications made for temporary road closure under Schedule 10 Clause 11(e) of the Local Government Act 1974.

Powers to Decide:

The power to appoint a panel to hear and determine with any other consent authority any application requiring a joint hearing

The power to hear and recommend appropriate actions from hearings of designations and heritage orders

The power to hear, consider and attempt to resolve contested road stopping procedures

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

The power to hear and determine all matters arising from the administration of the Building Act 1991, and the Building Act 2004

The power to hear and determine objections to the classification of dogs, and all other procedural matters for which a right of objection and hearing is provided for under the Dog Control Act, 1996

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, aside from those impacted by the Naming Rights and Sponsorship Policy for Community Services Facilities

The power to provide advice to applicants on appropriate names for private roads, rights of way or other legal forms of private access to property

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

The power to administer the administering body functions under section 48 of the Reserves Act 1977 on proposed rights of way and other easements on reserves vested in Council

Hearings Panel - Other Minutes - 25 September 2020

Hearings Panel - Other

2 December 2020

Page No.

1. Apologies

Nil

2. Confirmation of Order of Business

3. Interests

3.1 Updates to the Interests Register

3.2 Identify any conflicts of interest in the agenda

4. Public Forum

5. Confirmation of Minutes

5.1 25 September 2020 8 - 10

Document number M15157

Recommendation

That the Hearings Panel - Other

1. Confirms the minutes of the meeting of the Hearings Panel - Other, held on 25 September 2020, as a true and correct record.

6. Temporary Road Closure - Bay Dreams South 2021, Sanitarium Weet-bix Kids TRYathlon, Christmas Carols 2020, Nelson New Years Eve Event and New Years Day Brunch Concert and the Santa Parade 11 - 35

Document number R19221

Recommendation

That the Hearings Panel - Other

1. Receives the report Temporary Road Closure - Bay Dreams South 2021, Sanitarium Weet-bix Kids TRYathlon, Christmas Carols 2020, Nelson New Years Eve Event and New Years Day Brunch Concert and the Santa Parade (R19221) and its Attachments (A2454412, A2451715, A2485128, A2487567, A2488902, A2488955, A2488658, A2488917, A2506229 and A2506264); and

2. Approves the temporary road closures as per report R19221 for:

- Bay Dreams South 2021 from 3 January 2021 to 6 January 2021;

- Sanitarium Weet-bix Kids TRYathlon on 14 March 2021;

- Christmas Carols 2020 on 24 December 2020;

- Nelson New Year’s Eve Event and New Year’s Day Brunch Concert from 31 December 2020 to 1 January 2021;

- The Santa Parade on 13 December 2020.

7. Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules 36 - 70

Document number R19265

Recommendation

That the Hearings Panel - Other

1. Receives the report Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules (R19265) and its attachments (A2512686 and A2514462); and

2. Approves amendments detailed in report R10158 to the following Schedules of the Bylaw, Parking and Vehicle Control (2011), No 207 (A2514462):

· Schedule 4

· Schedule 8

· Schedule 9

· Schedule 13

8. Nelson City Council Easement - Corder Park 71 - 77

Document number R21436

Recommendation

That the Hearing Panel - Other

1. Receives the report Nelson City Council Easement - Corder Park (R21436); and its attachment (A1774706).

2. Resolves to publicly notify the proposal to grant an easement over Corder Park (Lot 1 DP 6100) in favour of Nelson City Council to be completed as set out under sections 119 and 120 of the Reserves Act 1977; and

3. Notes that officers will report back on the public notification process to enable the Hearings Panel – Other to make a decision on the proposed easement, subject to final consent of the Council (as the Minister of Conservation’s delegate).

Minutes of a meeting of the Hearings Panel - Other

Held in Rūma Waimārama, Floor 2A, Civic House, 110 Trafalgar Street, Nelson

On Friday 25 September 2020, commencing at 9.01a.m.

Present: Councillors B McGurk (Chairperson), M Courtney and, R O'Neill-Stevens

In Attendance: Group Manager Infrastructure (A Louverdis), Manager Transport and Solid Waste (M Parfitt) and Team Leader Governance (R Byrne)

Apologies : Nil

1. Apologies

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

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

4. Public Forum

4.1 Cephas Property - Installation of Bike Racks

Patrick Shone, Commercial Manager for Cephas Property, spoke about the installation of bike racks in Montgomery Square and Trafalgar Street.

Mr Shone said he was not aware that Cephas Property, which was a neighbour to Council, had been consulted on the proposal to install a bike shed on Trafalgar St, and that removing carparks would have a downstream effect on the cinema and CBD retailers.

4.2 Bike Nelson Bays - Installation of Bike Racks in Montgomery Square and Trafalgar Street

Bevan Woodward, from Bike Nelson Bays spoke to a presentation about the installation of bike racks in Montgomery Square and Trafalgar Street. The presentation was tabled (A2476126).

Mr Woodward said that Bike Nelson Bays appreciated that there had been opportunities to provide feedback on the bike shelters, that Uniquely Nelson was aware of the proposal and that modal shift was important. He commended Council for wanting to work on this and bring about change.

Attachments

1 Bevan Woodward Bike Nelson Bays Item 5 Powerpoint Public Forum Hearings Panel - Other 25Sep2020 (A2476126).pdf

4.3. State Cinemas and Cinema Equipment - Inner City Cycle Facilities

Mark Christensen, Director, State Cinemas and Cinema Equipment, spoke about the inner city cycle facilities and tabled his speaking notes (A2476145).

Mr Christensen said that when cinema-goers were surveyed in 2019 80% of them travelled to the cinema by car and a significant number of respondents commented on issues of traffic congestion and car parking.

Attachments

1 Mark Christensen State Cinemas and Cinema Equipment Inner City Cycle Facilities Tabled Document Public Forum Hearings Panel - Other 25Sep2020 (A2476145).pdf

5. Confirmation of Minutes

There were no minutes to be confirmed.

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

Document number R19258, agenda pages 5 - 38 refer.

Manager Transport and Solid Waste, Marg Parfitt presented the report, clarifying the references to engagement with RTFG and CCBTG were the same group – the City Centre Business Taskforce Group.

Ms Parfitt answered questions on investigation of alternative locations, criteria, location of services and community engagement.

The Chairperson confirmed that the matter before the Panel was to make a decision on amendments to the Parking and Vehicle Control Bylaw, however it was connected to a wider issue which would enable bike shelters to go forward. The decision on location and building of the bike shelters was operational and delegated to the Chief Executive.

In order to progress a decision the officer’s recommendation was amended and taken in parts.

Resolved HEA/2020/018
	*That the Hearings Panel - Other* 1. Receives the report Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules (R19258) and its attachments (A2461924, A2455192, A2460051, A2460010, A2338098, A2425607).
McGurk/Courtney Carried
Resolved HEA/2020/019
2. Approves amendments detailed in report R19258 to Schedules 4, 5 and 8 of the Parking and Vehicle Control Bylaw (2011), No 207 to cater for Inner City Covered Bicycle stands and hubs: · *Montgomery Square.*
McGurk/Courtney Carried
Resolved HEA/2020/020
3. Approves amendments detailed in report R19258 to Schedules 4, 5 and 8 of the Parking and Vehicle Control Bylaw (2011), No 207 to cater for Inner City Covered Bicycle stands and hubs: · *Trafalgar Street.*
McGurk/O'Neill-Stevens Carried
Resolved HEA/2020/021
4. Approves an amendment as detailed in report R19258 to Schedule 8 of the Parking and Vehicle Control Bylaw (2011), No 207 to facilitate higher parking turnover on the north eastern periphery of Montgomery Square.
O'Neill-Stevens/Courtney Carried

There being no further business the meeting ended at 10.15a.m.

Confirmed as a correct record of proceedings:

Chairperson Date

Item 6: Temporary Road Closure - Bay Dreams South 2021, Sanitarium Weet-bix Kids TRYathlon, Christmas Carols 2020, Nelson New Years Eve Event and New Years Day Brunch Concert and the Santa Parade

Hearings Panel - Other

2 December 2020

REPORT R19221

Temporary Road Closure - Bay Dreams South 2021, Sanitarium Weet-bix Kids TRYathlon, Christmas Carols 2020, Nelson New Years Eve Event and New Years Day Brunch Concert and the Santa Parade

1. Purpose of Report

1.1 To consider the temporary road closure application for Bay Dreams South 2021 from 3 to 6 January 2021, Sanitarium Weet-bix Kids TRYathlon on 14 March 2021, Christmas Carols 2020 on 24 December 2020 and the Nelson New Year’s Eve Event, New Year’s Day Brunch Concert from 31 December 2020 to 1 January 2021 and the Santa Parade on 13 December 2020.

2. Recommendation

That the Hearings Panel - Other

2. Approves the temporary road closures as per report R19221 for:

- Bay Dreams South 2021 from 3 January 2021 to 6 January 2021;

- Sanitarium Weet-bix Kids TRYathlon on 14 March 2021;

- Christmas Carols 2020 on 24 December 2020;

- Nelson New Year’s Eve Event and New Year’s Day Brunch Concert from 31 December 2020 to 1 January 2021;

- The Santa Parade on 13 December 2020.

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.

3.2 It is a requirement that consultation with Waka Kotahi (New Zealand Transport Agency) is undertaken to temporarily close any road under Schedule 10 Clause 11 of the Local Government Act 1974. Nelson City Council (NCC) and NZTA have an agreement whereby specific consultation is only required if the closure affects state highway or their assigned detour routes.

4. Bay Dreams South 2021

4.1 Council officers received an application on 27 August 2020 from Safe Traffic NZ Ltd on behalf of Bay Dreams South to close the roads listed below at the times listed below, and as shown in Attachment 1. The main festival space has been relocated from the Trafalgar Park to Rutherford Park where the camping site has been rearranged to fit the new event layout. The event will have a main outdoor stage plus a pre-party in the Trafalgar Centre. Camping will be offered on site, with overflow at regional campgrounds as required (Saxton Field will not be required). Ticket sales are expected to be around 10,000 for 2021 show on Tuesday 5 January.

· Hathaway Carpark from 6am Sunday 3 January until 6am Wednesday 6 January – closed for staff access and campervan parking;

· Paru Paru Road from 6am Sunday 3 January 2021 until 6am Wednesday 6 January 2021 – closed as this is the entrance to the main event;

· Hathaway Terrace from 9am Tuesday 5 January 2021 until 1am Wednesday 6 January 2021– closed for staff access and campervan parking;

· Achilles Ave and Wakatu Lane (Whakatu Carpark) from 5:30pm Tuesday 5January until 1am Wednesday 6 January 2021 – closed for bus drop-offs, pick-ups and parking;

· Hathaway Court – closed due to staff access and campervan parking in Hathaway Carpark (the private road that will be affected because it gains access from a road that is proposed to be closed).

4.2 Consultation with Waka Kotahi New Zealand Transport Agency has been undertaken and they have given their approval for this event.

4.3 Consultation with Police has been undertaken and they have given their approval for this event.

4.4 As per clause 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.

4.5 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 16 September 2020 to notify of the applicant’s intention to close these roads and inviting feedback by 30 September 2020. The advertisement was also placed on the Council website, an email notification was undertaken and a hand delivered letter drop by the applicant to directly affected businesses/residents in the Nelson CBD was carried out (Attachment 2). No feedback from the public was received.

4.6 The road closures have since been updated due to the event being moved to the Trafalgar Centre/Rutherford Park and this has reduced the number of road closures. The above change was updated on Councils website. Waka Kotahi and Police have been notified of this change and both organisations have no issues.

4.7 The Bay Dreams traffic management co-ordinator has confirmed that all Hathaway Court residents received notification and an invitation to provide feedback in their letterbox.

4.8 Consents and liquor license requirements for this event are being managed by other teams within Council. Insurance requirements will be managed under the contract between Bay Dreams South Ltd and Council.

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

4.10 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences.

4.11 In the event that the event gets cancelled due to, for example COVID-19 restrictions, the road closures will not proceed and this will be publicly notified.

5. Sanitarium Weet-bix Kids TRYathlon

5.1 Council officers received an application on 5 October 2020 from SMC Events Ltd to close the roads listed below on 14 March 2021 from 6am to 1pm as shown in Attachment 3. The Sanitarium Weet-bix Kids TRYathlon is an annual event for children aged 7-15 years to help them stay active and healthy through participating in this swimming, cycling and running event.

· Tahunanui Recreation Reserve

· Beach Road – from number 21 Beach Road to Golf Road

· Hounsell Circle

· Bisley Walk

5.2 As per clause 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.

5.3 Consultation with Waka Kotahi has been undertaken and they have given their approval for this event.

5.4 Consultation with Police has been undertaken and they have given their approval for this event.

5.5 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 28 October 2020 to notify of the applicant’s intention to close these roads and inviting feedback by 11 November 2020. The advertisement was also placed on the Council website and a hand delivered letter drop was undertaken to directly affected businesses/residents (Attachment 4). Public feedback is currently pending and will be presented to the Hearings Panel if received.

5.6 No noise consent is required for this event and evidence of public liability insurance has been provided.

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

5.8 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences.

5.9 In the event that the event gets cancelled due to, for example COVID-19 restrictions, the closures will not proceed and this will be publicly notified.

6. Christmas Carols 2020

6.1 Council officers received an application on 8 October 2020 from Nelson City Council to close Trafalgar Square – between Trafalgar Square East and Trafalgar Square West including the intersection with Park Street on 24 December 2020 from 7pm to 11pm as shown in Attachment 5. The Christmas Carols is an annual event for the Nelson public to get together and sing Christmas Carols.

6.2 As per clause 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.

6.3 Consultation with Waka Kotahi has not been undertaken due to this event not having any impact on the State Highway or its detour routes.

6.4 Consultation with Police has been undertaken and they have given their approval for this event.

6.5 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 28 October 2020 to notify of the applicant’s intention to close these roads and inviting feedback by 11 November 2020. The advertisement was also placed on the Council website and an email notification by Uniquely Nelson was undertaken to directly affected businesses/residents (Attachment 6). Public feedback is currently pending and will be presented to the Hearings Panel if received.

6.6 No noise consent is required for this event and evidence of public liability insurance has been provided.

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

6.8 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences.

6.9 In the event that the event gets cancelled due to, for example COVID-19 restrictions, the closures will not proceed and this will be publically notified.

7. Nelson New Year’s Eve Event and New Year’s Day Brunch Concert

7.1 Council officers received an application on 8 October 2020 from Nelson City Council to close Trafalgar Square – between Trafalgar Square East and Trafalgar Square West including the intersection with Park Street on 31 December 2020 to 1 January 2021 from 5am to 7pm as shown in Attachment 7. The Nelson New Year’s Event is an annual non-alcoholic event for the Nelson public of all ages to get together and celebrate the New Year. This year there is a New Year’s Day Brunch Concert that will use an adjusted set up from the New Year’s Eve Event at Upper Trafalgar Street. The event focuses on inviting establishments at Upper Trafalgar Street to bring out tables and chairs offering lunches with an organised pleasant ambient music. The roads shown in yellow (Attachment 7) are the standard yearly closures that are communicated with Police. These priority roads are closed for the public’s safety on New Year’s Eve.

7.2 As per clause 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.

7.3 Consultation with Waka Kotahi has not been undertaken due to this event not having any impact on the State Highway or its detour routes.

7.4 Consultation with Police has been undertaken and they have given their approval for this event.

7.5 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 11 November 2020 to notify of the applicant’s intention to close these roads and inviting feedback by 25 November 2020. The advertisement was also placed on the Council website, an email notification was undertaken by Uniquely Nelson and a hand delivered letter drop by the applicant to directly affected businesses/residents was carried out (Attachment 8). Public feedback is currently pending and will be presented to the Hearings Panel if received.

7.6 This event is covered by the global noise consent RM0985339, and evidence of public liability insurance has been provided.

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

7.8 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences.

7.9 In the event that the event gets cancelled due to, for example COVID-19 restrictions, the closures will not proceed and this will be publicly notified.

8. Santa Parade

8.1 Council officers received an application on 29 October 2020 from Asphalt & General to close the roads listed below on 13 December 2020 from 12pm to 3pm as shown in Attachment 9. The Santa Parade is an annual event and due to the Nelson City Council not running the event this year, the community (lead by Murray Leaning) is putting this event together.

8.2 As per clause 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.

8.3 Consultation with Waka Kotahi has not been undertaken due to this event not having any impact on the State Highway or its detour routes.

8.4 Consultation with Police has been undertaken and they have given their approval for this event.

8.5 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 28 October 2020 to notify of the applicant’s intention to close these roads and inviting feedback by 11 November 2020. The advertisement was also placed on the Council website and an email notification by Uniquely Nelson was undertaken to directly affected businesses/residents (Attachment 10). Public feedback is currently pending and will be presented to the Hearings Panel if received.

8.6 No noise consent is required for this event and evidence of public liability insurance has been provided.

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

8.8 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences.

8.9 In the event that the event gets cancelled due to, for example COVID-19 restrictions, the closures will not proceed and this will be publically notified.

9. Options

9.1 The Hearings Panel - Other has two options, either to approve or decline the temporary road closure applications. Officers recommend approving the temporary road closures for these events.

Author: Gillian Dancey, Contracts Supervisor - Roading

Attachments

Attachment 1: A2454412 - UPDATED MAP 2021 Bay Dreams South - Proposed Road Closure ⇩

Attachment 2: A2451715 - Road Closure Letter - Bay Dreams South 2021 ⇩

Attachment 3: A2485128 - MAP Sanitarium Weet-Bix Kids TRYathlon 2021 ⇩

Attachment 4: A2487567 - Road Closure Letter - Sanitarium Weet-bix Kids TRYathlon ⇩

Attachment 5: A2488902 - MAP 2020 Christmas Carols - Proposed Road Closure ⇩

Attachment 6: A2488955 - Road Closure Letter - Christmas Carols 2020 ⇩

Attachment 7: A2488658 - MAP Nelson New Years Eve & New Years Day Brunch Concert ⇩

Attachment 8: A2488917 - Road Closure Letter - Nelson New Years Eve & New Years Day Brunch Concert ⇩

Attachment 9: A2506229 - MAP Santa Parade 2020 - Proposed Road Closure ⇩

Attachment 10: A2506264 - Road Closure Letter - Santa Parade 2020 ⇩

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 for 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. Climate Impact

Climate impact was not considered when preparing this report.

7. Inclusion of Māori in the decision making process

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

8. 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.

Item 7: Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules

Hearings Panel - Other

2 December 2020

REPORT R19265

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

1. Receives the report Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules (R19265) and its attachments (A2512686 and A2514462); and

2. Approves amendments detailed in report R10158 to the following Schedules of the Bylaw, Parking and Vehicle Control (2011), No 207 (A2514462):

· Schedule 4

· Schedule 8

· Schedule 9

· Schedule 13

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 September 2020.

3.2 Minor alterations and additions are proposed to Schedules 4, 8, 9 and 13 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 Harley Street Carpooling Area

4.1.1 Following replacement of Council’s electronic parking meter system in June 2020, officers took the opportunity to remove the old ‘pay by bay’ parking meter located on Harley Street which was historic and had not been in use for many years. The parking which was covered by this historic parking meter was changed to become additional carpooling spaces. Officers undertook a letter drop to those businesses in the immediate area prior to making the change and received no feedback on the proposal. The carpooling spaces have been onsite for five months and are being used extensively following observations from officers, with no further feedback having been received. The area that has been converted to ‘Car Pooling’ is shown in attachment 1, titled 4.1.

4.2 Bus Stop – Main Road Stoke South of Marsden Road

4.2.1 Following feedback from the NBus operator, officers have reviewed alterations to the southbound bus stop on Main Road Stoke south of Marsden Road. Current parking configuration makes safe entry and exit of the bus stop difficult without impeding the cycle lane and/or traffic on Main Road Stoke. To improve efficiency and safety, officers propose to relocate the bus stop south, between two existing driveways that will ensure the entry and exit to the bus stop remains unimpeded by parked vehicles. The proposed changes are shown in attachment 1, titled 4.2. Feedback from the two nearby residents was supportive of the change.

4.3 Bus Stop – Main Road Stoke North of Polstead Road

4.3.1 Following feedback from the NBus Operator officers, have reviewed alterations to the southbound bus stop on Main Road Stoke, north of the Polstead Road intersection. Current parking configuration makes safe entry and exit of the bus stop difficult without impeding the cycle lane and/or traffic on Main Road Stoke. To improve efficiency and safety, officers propose to extend the bus stop to the nearest northern driveway to create a larger area for buses to enter and exit the bus stop. The proposed changes are shown in attachment 1, titled 4.3. No feedback was received by residents when officers undertook a letter drop regarding this proposal.

Schedule 8 – Time Limited Parking Areas

4.4 Rutherford Street (outside Ngāti Kuia Office)

4.4.1 Officers received a request from Ngāti Kuia, who operate from the office building on the corner of Rutherford Street and Examiner Street, to install time limited parking in the area due to all-day parking restricting access for their visitors, with a view to encouraging turnover. Officers support P180 time limited parking between the hours of 8am-5pm (office hours) on Examiner Street and P60 time limited parking on Rutherford Street between the hours of 8am-5pm as shown in attachment 1, titled 4.4. Ngāti Kuia support this installation being the directly affected business.

4.5 Paddy’s Knob

4.5.1 Following completion of the upgrade at Paddy’s Knob on Stansell Avenue, officers have received feedback from the community that the carpark provided at the entrance to the reserve (intended for visitors to the reserve) is being used by nearby residents as all day parking. This carpark is therefore not functioning as intended and is limiting the ability for all to enjoy the area. Officers propose to install a P120 time limit as shown in attachment 1, titled 4.5. No feedback was sought regarding this change as the carpark adjoins Council reserve and was provided to encourage use of the area which is not being achieved by the current parking behaviour.

4.6 Rutherford Street – Kelvin Cycles

4.6.1 During the roll-out of Council’s new parking meter system, a number of high turn-over parking areas were identified that would otherwise require a new parking meter to be installed to service between two-four carparks. The cost benefit ratio did not warrant installation of a parking meter to service such a small number of carparks, therefore officers opted to change the time limit to P15. A P15 carpark is a short term, high turnover carpark which does not require use of Councils ‘Pay by Plate’ parking meter system which has a minimum stay of 15min. The bylaw parking schedules require updating to reflect this change and the proposal is to formalise the time limited carpark is shown in attachment 1, titled 4.6. The business owner was supportive of this change.

4.7 Collingwood Street – Life Pharmacy

4.7.1 As per item 4.6, another location where the cost benefit ratio did not warrant installation of a new parking meter to service a small number of carparks was on Collingwood Street outside Life Pharmacy Prices. The bylaw parking schedules require updating to reflect this change and the proposal is to formalise the P15 time limited carpark is shown in attachment 1, titled 4.7. The business owner was supportive of this change.

4.8 Vickerman Street Time Limited Parking

4.8.1 Following a request for further time limited parking on Vickerman Street, officers have reviewed and propose to install further time limited parking (P30) north of the current P5 parking as shown in attachment 1, titled 4.8. The applicant who manages the both the Captain’s Cabin and the Nelson Petroleum Distributors (NPD) site supports this proposal which will create higher turnover near the short stay businesses along Vickerman Street. Further feedback was sought from Port Nelson, who gave their support for this change and from the business at 30 Vickerman Street which is currently outstanding at the time of writing this report and will be presented to the panel if received.

Schedule 9 – No Stopping and No Parking Areas

4.9 Akersten Street No Stopping

4.9.1 Council officers have been made aware that larger vehicles are finding it difficult to travel safely along Akersten Street through the corner near Cookes Engineering. The problem exists when vehicles are parked on both sides of the road around the corner, forcing larger vehicles to cross the centre line. Officers have reviewed the parking and support the installation of no stopping, to both improve vehicle safety at this corner and provide greater visibility for pedestrians who chose to cross Akersten Street where the Maitai shared pathway terminates. The proposed No Stopping is shown in attachment 1, titled 4.9. No feedback was sought as the directly affected business was the applicant who supported this installation.

4.10 Ariesdale Terrace

4.10.1 Following concerns raised about the safety of the corner near 4 Ariesdale Terrace, officers have reviewed the need for No Stopping. Parked vehicles, limited visibility and the gradient of the road all contribute to an unsafe pinch point where vehicles are likely to meet head-on. To improve this, officers propose the installation of no stopping along both sides of Ariesdale Terrace. Feedback from residents has been sought and any feedback received will be presented to the panel. The extent of proposed no stopping is shown in attachment 1, titled 4.10.

4.11 Wastney Terrace

4.11.1 Concerns have been raised regarding the undesirable behaviour that has is occurring at the cul-de-sac of Wastney Terrace. Following these concerns, officers trialled no stopping around the cul-de-sac of Wastney Terrace in line with the Nelson Tasman Land Development Manual (NTLDM) to prevent vehicles parking around the turning head. This no stopping has had the desired effect and is welcomed by the nearby residents. Officers now propose to formalise this parking restriction within the bylaw. The extent of the no stopping is shown in attachment 1, titled 4.11.

4.12 Van Diemen Street Kea Crossing

4.12.1 Officers have been made aware that parking along the north side of Van Diemen Street directly before and after the school kea crossing is causing visibility issues for school children crossing the road at this location. Police have requested that Council improve safety at this crossing by removing two carparks. Officers letter dropped the two most affected properties seeking their feedback. No feedback was received. As this is for safety reasons and came at the request of Police (who assist with the school kea crossing), officers support the installation of no stopping as shown in attachment 1, titled 4.12.

4.13 Neale Ave Cycleway

4.13.1 As a result of the planned Poorman Stream shared path between Main Road Stoke and Neale Avenue, additional no stopping is required at the point on Neale Avenue where pedestrians and cyclists will cross the road. No feedback was sought due to proposed restriction not being directly outside any private properties and wider consultation being undertaken as part of the shared pathway project. Officers support installation of the no stopping as shown in attachment 1, titled 4.13.

4.14 Britannia Heights / Washington Valley Road Intersection

4.14.1 As a result of a new subdivision and associated driveway that will adjoin Britannia Heights near the intersection of Washington Valley Road, officers propose to install no stopping between the new driveway and Washington Valley Road. This restriction will ensure that additional parking generated by the new properties does not reduce safety of the nearby intersection. No Stopping is also proposed on the western side of Britannia Heights which came at the request of the adjoining resident who raised concern that additional parking near their driveway would impact their ability to safety exit their driveway. The resident at 63 Fifeshire Crescent would like to see no stopping extended further up Britannia Heights beyond their driveway, however officers recommend only installing what is proposed to ensure speeds do not increase and on-street parking is maintained, albeit in a reduced capacity in the area. (Officers supported installing the extent of no stopping shown in attachment 1, titled 4.14.

4.15 Britannia Heights No Stopping

4.15.1 Officers have been alerted to a road safety concern near 16 Britannia Heights. Due to the speed and volume of vehicles travelling over the crest of Britannia Heights (east bound), the applicant (16a Britannia Heights) finds it difficult exiting their driveway. Officers sought feedback regarding a proposal to install No Stopping from 17 residents in the area. Six responses to the letter drop were received which varied with five in support. Residents raised the need for additional no stopping and/or road layout changes. Officers recommend installing the currently proposed no stopping as stage 1, and reviewing the impact and subsequent parking behaviour before making further alterations in consultation with the nearby residents. The extent of no stopping shown in attachment 1, titled 4.16

4.16 Dodson Valley

4.16.1 Officers have been monitoring speeds on Dodson Valley Road over the past 24 months, which along with resident feedback has highlighted the need for no stopping at the approaches to the narrow section of Dodson Valley between numbers 28 and 40. It has been reported that vehicles have been side swiped when travelling this section of road, and that due to the straight road geometry and downhill gradient, vehicle speeds can exceed 50km/h. To help improve the transition between the varying road widths, it is proposed that No Stopping be installed at the approaches to the narrow section of Dodson Valley as shown in attachment 1, titled 4.16. Feedback on this proposal is pending at the time of writing this report, but will be presented to the panel if received.

4.17 Neale Avenue No Stopping

4.17.1 Following concerns raised about visibility for pedestrians crossing Neale Avenue near Putaitai Street at the raised courtesy crossing, officers are proposing to install no stopping to remove one carpark on Neale Avenue which currently impedes visibility for both pedestrians and road users. The proposed no stopping is shown in attachment 1, titled 4.17. Feedback has been sought from the five adjoining residents and is pending at the time of writing this report but will be presented to the panel if received.

4.18 Parkers Road Pathway No Stopping

4.18.1 Following completion of the Nelson Tasman Cycle Trails Trust pathway connection between Parkers Road and Tahunanui Beach, it has become evident that some recreational users of Parkers Cove are choosing to park on the marked pathway that runs alongside the Tahunanui Kiwi Beach Holiday Campgrounds fence line. Parking on the shared path forces vulnerable users into the cul-de-sac where vehicle movements (including reversing) is creating a road safety concern. Officers propose to install no stopping as shown in attachment 1, titled 4.18 to reinforce the illegality of parking in this location. No consultation has been undertaken as there is no loss of current legal parking.

4.19 Van Diemen Street No Stopping

4.19.1 Following a successful parking infringement appeal, officers have become aware that the no stopping currently installed along Van Diemen Street from Waimea Road to Gourdie Automotive’s vehicle entrance is not currently legally enforceable. This parking restriction was not entered in the bylaw schedules correctly when the historical data was accepted in 2005. Officers are seeking to rectify this issue and update the bylaw with the correct information. Gourdie Automotive have been advised that the error within the current bylaw will be rectified in due course. Gourdie Automotive have outlined their dissatisfaction regarding the perceived loss of parking. Notwithstanding this feedback, officers recommend making this change, as parking in this location would impede the safe and efficient flow of traffic along Van Diemen Street.

4.20 Iwa Road No Stopping

4.20.1 Residents of Iwa road raised safety concerns related to parking on the road some months ago. Following extensive engagement, residents have declared support for the installation of no stopping along all of one side of Iwa Road, and a short section near the top where stopping would be prohibited on both sides of the road. The extent of proposed no stopping is shown in attachment 1, titled 4.20. Seventeen households were contacted and 12 responses where received with seven demonstrating support for the proposal. A number of these residents would like Council to consider further restrictions and/or road layout changes. Officers have agreed to investigate further changes in the future after the effects of the proposed restrictions are known and further consultation has been undertaken.

Schedule 13 – Stop Signs

4.21 Collingwood Street Intersection Stop Sign

4.21.1 Officers propose to rectify a long standing historical road layout issue whereby the opposing priorities at the Collingwood Street and Sovereign Street intersection with Weka Street and Wainui Street have been different (Stop and Giveaway control respectively). For consistency at this complex intersection, and to reduce driver confusion, it’s proposed that the current Give Way on Collingwood Street be changed to a compulsory Stop. This change is supported by Police. The proposed Stop sign is identified in attachment 1, titled 4.21. No further feedback has been sought regarding this change.

4.22 Montreal Road

4.22.1 Officers propose to rectify a network issue whereby the opposing priorities at the Montreal Road / Toi Toi Street intersection are different (Giveway and Stop). For consistency at this intersection and to reduce driver confusion, it’s proposed that the current Give Way on Montreal Road (east) be changed to a compulsory Stop. This change is supported by Police. The proposed Stop sign is identified in attachment 1, titled 4.22. No further feedback has been sought regarding this change.

5. Options

5.1 There are limited options for the items presented in this report as the majority in schedules 4, 8, 9 and 13 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, 8, 9 and 13 without changes
Advantages	· Changes to Schedules are designed to improve safety and efficiency
Risks and Disadvantages	· Minor loss of parking in some places
Option 2: Do not adopt changes as attached for schedules 4, 8, 9 and 13.
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: A2512686 Attachment 1 - Proposed changes shown indicatively on aerials ⇩

Attachment 2: A2514462 Attachment 2 - Schedule of changes to the 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 Council’s Community Outcomes – “Our Infrastructure is efficient, cost effective and meets current and future needs”. In particular that we have good quality, affordable and effective infrastructure and transport networks. This report is directly aligned to the requirements of the Parking Policy, the Parking and Vehicle Control Bylaw and with Council’s strategic direction through the Regional Land Transport Strategy.

3. Risk

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

4. Financial impact

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

5. Degree of significance and level of engagement

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

6. Climate Impact

This decision will have no impact on the ability of the Council or District to proactively respond to the impacts of climate change now or in the future.

7. Inclusion of Māori in the decision making process

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

8. 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

Item 8: Nelson City Council Easement - Corder Park

Hearings Panel - Other

2 December 2020

REPORT R21436

Nelson City Council Easement - Corder Park

1. Purpose of Report

1.1 To approve an easement for a right to drain water in gross over Council administered Corder Park shown as Lot 1 DP 6100 being the land comprised in RT NL166/27 (section shown on the plan) referred to Attachment One (A1774706).

2. Recommendation

That the Hearing Panel - Other

1. Receives the report Nelson City Council Easement - Corder Park (R21436); and its attachment (A1774706).

3. Discussion

3.1 Nelson City Council is currently completing an upgrade of its stormwater asset from Wastney Terrace to Atawhai Drive/Corder Park.

3.2 As part of this project, the majority of the existing asset will be replaced with a larger asset to cater for future development in the areas surrounding Atawhai.

3.3 The proposed new pipeline route was chosen as it is the most practical and cost efficient route, and it follows the existing. The existing pipeline in Corder Park is remaining due to on site restriction with services.

3.4 The proposed pipe and existing pipe will be located underground with the only structure above ground being the new outlet structures which will be located in the mudflat area of Corder Park.

3.5 Corder Park is likely to be materially altered or permanently damaged and the rights of the public in respect of the reserve are likely to be permanently affected as set out under the Reserves Act 1977. This is due to the outlet structure being above ground on the Reserve land.

3.6 The public notice provisions of sections 119 and 120 of the Reserves Act 1977 will need to be complied with in this case. Accordingly, public consultation of this proposed easement will be undertaken prior to construction to avoid potential objections by the public on this proposal.

3.7 This programmed upgrade by Nelson City Council is to be undertaken as an improvement of the existing infrastructure, all costs to be met by Council.

4. Legislation

4.1 As the upgrade for the stormwater system is located on Council administered reserve land, easements are required to formalise its occupation of the land. The Reserves Act 1977 confers on Council the authority to grant an easement if it is for one of the specified purposes in section 48(1) of the Reserves Act 1977. Council, as the administering body, may grant an easement for the purpose of a right to drain water. Easements on reserve land require consent from Council under section 48(1)(f) by passing a formal Council resolution.

4.2 Where the reserve is likely to be materially altered or permanently damaged; and the rights of the public in respect of the reserve are likely to be permanently affected then public notice is required under the Reserves Act 1977.

5. Options

5.1 The Hearings Panel - Other has the options of approving or declining the proposal to publicly notify the intention to grant the easement. Approving the proposal is the recommended option.

Option 1: Approve public notification of the proposal to grant the stormwater easement
Advantages	· Allows the community to make their views known · Allows for the upgrade of the infrastructure of the stormwater system in the surrounding areas of Atawhai. · Enable potential future development
Risks and Disadvantages	· Possible objections from the community
Option 2: Decline public notification of the proposal to grant the stormwater easement
Advantages	· Officer time available for other matters · CAPEX savings
Risks and Disadvantages	· Infrastructure will not support any future development
Option 3: Approve the proposed stormwater easement without public notification (subject to final consent of the Council as the Minister of Conservation’s delegate)
Advantages	· Allows for the upgrade of the infrastructure of the stormwater system in the surrounding areas of Atawhai. · Enable potential future development.
Risks and Disadvantages	· Community views unknown · Risk of challenge on process · Negative view of Council

6. Conclusion

6.1 Approving an easement for a right to drain water in gross over Council administered Corder Park will allow Council to upgrade stormwater controls and allow future development in the surrounding areas of Atawhai. Officers consider that granting the easement will materially alter the reserve and that public notification of the easement is required. This is a matter that the Hearings Panel – Other can make a decision on.

7. Next Steps

7.1 Distribute the Public Notice in Our Nelson and lodge it on the Council website. Copies of the proposal will also be sent to surrounding owners and occupiers and officers will meet with the community. If objections or submissions are received officers will prepare a further Report to the Hearings Panel – Other detailing the objections and submissions for the Panel to consider. If there are no objections or submissions the further report will seek a decision to grant the easement subject to the approval of Council acting under a delegation from the Minister of Conservation.

Author: Scott Russell, Contractor

Attachments

Attachment 1: A1774706 - Proposed location of easement ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The decision facilitates stormwater infrastructure to the Nelson community.

2. Consistency with Community Outcomes and Council Policy

The decision supports the community outcome “Our infrastructure is efficient, cost effective and meets current and future needs.”

The recommendation fits with Goal Nine of Nelson nature – everyone in our community has their essential needs met.

3. Risk

Low risk of adverse consequences.

4. Financial impact

Costs for the easement and physical works over Corder Park are within the budget for the upgrade of the stormwater infrastructure.

5. Degree of significance and level of engagement

This matter is of low significance because we will provide public consultation under sections 119 and 120 of the Reserves Act 1977 so the public are adequately consulted before the Council proceeds to install the drainage works.

We are taking the cautious approach with establishing the easement and providing public consultation to avoid any potential issues.

6. Climate Impact

Improving stormwater controls in Corder Park Reserve will increase the capability to cope with additional or extreme rainfall events.

7. Inclusion of Māori in the decision making process

Consultation with Maori has taken place via a Cultural Impact Assessment.

8. Delegations

The Hearings Panel – Other has the following delegations to consider this matter –

· The power to administer the administering body functions under section 48 of the Reserves Act 1977 on proposed rights of way and other easements on reserves vested in Council.