Notice of the ordinary meeting of the
Hearings Panel - Other
Te Rōpū Kaupapa
Agenda
Rārangi take
Chair Cr Kate Fulton
Members Cr Yvonne Bowater
Cr
Pete Rainey
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
Item 5: Temporary Road
Closures - Te Ramaroa (Light Nelson) Festival
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Hearings Panel - Other
9 June 2021
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REPORT R23737
Temporary
Road Closures - Te Ramaroa (Light Nelson) Festival
1. Purpose
of Report
1.1 To
approve the temporary road closure application for Te Ramaroa
(Light Nelson) Festival from 9 July 2021 to 13 July 2021.
2. Recommendation
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That the Hearings Panel - Other
1. Receives
the report Temporary Road Closures - Te Ramaroa (Light Nelson) Festival
(R23737) and its attachments
A2589158 and A2589074; and
2. Approves the temporary road closure
referred to in report for Te Ramaroa (Light Nelson) Festival from 9 July 2021
to 13 July 2021 between 5pm and 10pm daily.
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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 (Waka Kotahi) is undertaken to temporarily close any road under Schedule
10 Clause 11 of the Local Government Act 1974. Nelson City Council (NCC) and
Waka Kotahi have an agreement whereby specific consultation is only required if
the closure affects state highway or their assigned detour routes.
4. Te
Ramaroa (Light Nelson) Festival
4.1 Council
officers received an application on 2 March 2021 from Light Nelson Trust to
close Trafalgar Square (Selwyn Place) – between Church Street and
Trafalgar Square East, including the Church Steps on 9 July 2021 to 13 July
2021 from 5pm to 10pm daily as shown in Attachment 1. Te Ramaroa (Light Nelson)
Festival is a biennial event for the local community to enjoy a night light
show with performance and music.
4.2 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.
4.3 Consultation
with Waka Kotahi has not been undertaken due to this event not having any
impact on the State Highway or its detour routes.
4.4 Consultation
with Police has been undertaken and they have given their approval for this
event.
4.5 As
per clause 11A of schedule 10 of the Local Government Act 1974, Council placed
a notification in Our Nelson on 24 March 2021 to notify of the
applicant’s intention to close this road and inviting feedback by 7 April
2021. The advertisement was also placed on the Council website, with an email notification and a hand delivered letter drop by the
applicant to directly affected businesses/residents (Attachment
2).
4.6 Public
feedback has been received for this event. There was a request for the road
closure to be changed to 5.15pm from Harcourts Nelson. This feedback was passed
on to the organisers of Te Ramaroa for consideration. They have requested that
5pm stand noting alternative routes are available that are simple and quick to
use. They also note that Hardy Street will remain open as a second alternative
route and given the history of the numbers attending this event that this is
the safest time to close the road to allow for crowd build up.
4.7 There
was positive feedback from a local resident saying that “Light Nelson is
such a great initiative and any inconvenience is likely to be minor and short
lived”.
4.8 No
noise resource consent is required for this event and evidence of public
liability insurance has been provided.
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 with a
5pm start.
4.10 If
approved, a minimum of 24 hours’ notice will be provided to affected
businesses and residences under this process, but more if time allows.
4.11 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.
5. Options
5.1 The
Hearings Panel - Other has two options, either to approve or decline the temporary
road closure applications. Officers recommend approving the temporary road
closure for this event.
Author: Gillian
Dancey, Contracts Supervisor - Roading
Attachments
Attachment 1: A2589158
- MAP - Te Ramaroa (Light Nelson) Festival 2021 ⇩
Attachment 2: A2589074
- Road Closure Letter - Te Ramaroa (Light Nelson) Festival 2021 ⇩
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Important considerations for decision making
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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.
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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.
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3. Risk
If the temporary road closures are not approved,
these community events are at risk of not going ahead.
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4. Financial
impact
There is no financial impact for Council for these
road closures.
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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.
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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.
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7. Inclusion
of Māori in the decision-making process
No engagement with Māori has been undertaken in
preparing this report.
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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.
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Item 6: Parking and
Vehicle Control Bylaw (2011), No 207 Amendments to Schedules
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Hearings Panel - Other
9 June 2021
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REPORT R22707
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
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That the Hearings Panel - Other
1. Receives
the report Parking and Vehicle Control Bylaw (2011), No 207 Amendments to
Schedules (R22707) and
its attachments (A2666872 and A2662954); and
2. Approves amendments detailed in
report R22707 to the following Schedules of the Bylaw, Parking and Vehicle Control
(2011), No 207 (A2662954):
· Schedule
4
· Schedule
8
· Schedule
9
· Schedule
13.
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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 March 2021.
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 schedules of the 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
Muritai Street – Bus Stop
Extension
4.1 Following
assessment of the bus stop at the Muritai/Tahunanui intersection, officers
propose to extend the bus stop south by 1m towards the Mobil fuel station
vehicle entrance (as well as installing No Stopping - refer 4.3 below). This
will ensure that vehicles do not park in a manner that will impede access for
the bus and will allow the bus to enter and exit the bus stop more efficiently
and safely. SBL have provided their support for these changes and feedback from
Mobil is currently underway (at the time of writing this report) and will be
presented to the meeting. No additional feedback was sought as the proposed
extension and no stopping enforces the requirement not to park within 6m of a
bus stop. The proposed bus stop extension is shown in attachment 1, titled 4.1.
Schedule 8 – Time Limited Parking Areas
Tukuka Street P15 Time Limited
Parking
4.2 Officers
have received two requests from the Waimea Road/Tukuka Street Dairy and
Tailored Alterations (46 Tukuka Street) to install time limited parking near
their premises. Officers have reviewed the current layout and need for time
limited parking and propose a joint P15 parking area as shown in attachment 1,
titled 4.2. The affected parties (the Dairy and Tailored Alterations) support
the proposed P15 location.
Schedule 9 – No Stopping and No Parking Areas
Muritai Street Bus Stop –
No Stopping
4.3 Refer
to item 4.1. Officers propose that 15m of No Stopping be installed to
complement the extension of the bus stop that will facilitate the legal
requirement of no stopping within 6m of the bus stop on Muritai Street. The
proposed no stopping is shown in attachment 1, titled 4.1)
Princes Drive / Istana Place
– No Stopping
4.4 Following
feedback regarding visibility at the Princes Drive / Istana Place intersection,
officers have reviewed the sightlines and support installing 7m of no stopping
at the northern corner of this intersection. This no stopping will enable
vehicles turning out of Istana Place to see further along Princes Drive,
particularly where the road geometry returns on itself, making it difficult to
see vehicles approaching from the north. It is currently illegal to park within
6m of an intersection. The proposed no stopping is shown in attachment 1,
titled 4.4. Feedback was sought from 351 Princes Drive who supported this
installation.
Tasman Street / Domett Street -
No Stopping
4.5 Officers
have been made aware that vehicles are parking across the footpath that leads
down to the Maitai walkway near the Tasman Street/Domett Street intersection.
The footpath is somewhat inconspicuous, which leads to vehicles parking across
this kerb dropdown blocking pedestrian access. To resolve this issue, officers
propose no stopping as shown in attachment 1, titled 4.6. No feedback was
sought given parking in this location would already be considered inconsiderate
parking.
Isel Place / The Ridgeway - No
Stopping
4.6 To
improve safety at a known pedestrian crossing desire line, a pedestrian refuge
is proposed on The Ridgeway near Isel Place. Pre-construction safety audits
have shown that No Stopping is required adjacent to and on the approaches to
the refuge to ensure pedestrians have adequate visibility of oncoming vehicles
and the traffic lane widths are not restricted by the presence of parked
vehicles.
4.6.1 Portions
of no stopping currently exist (approved previously by the Hearings Panel
– Other on 17 March 2021). These no stopping restrictions (adjacent to
the pedestrian refuge) have been marked and have been monitored by officers.
Due to vehicles crossing the centreline when passing parked vehicles, officers
propose extending the no stopping for approximately 30m on the western side of
The Ridgeway, and for approximately 130m on the Eastern side of the Ridgeway
from Isel Place to Songer Street as shown in Attachment 1, titled 4.6. Officers
note that vehicles very rarely park along this stretch (on the Eastern side of
The Ridgeway). There is also no stopping on the uphill sections of The Ridgeway
that provides a safe path for cyclists.
4.6.2 Feedback
on this proposal show that four respondents supported this proposal, with one
not in support. That objection raised concern that speeds may increase, thus
making it difficult to exit Isel Place, and did not support the loss of
parking. Officers note these concerns, however, support the increased
visibility, accompanied with the proposed STOP sign (refer 4.11) to make this a
safer crossing point for pedestrians. Police have provided their support for
these intersection changes.
Washington Valley - No Stopping
4.7 Feedback
from Councils parking enforcement team has identified an ongoing issue whereby
vehicles are parking on Washington Road within the eastbound cycle lane. To address
this safety issue and to deter parking and change behaviour, officers recommend
installing no stopping as shown in attachment 1, titled 4.7. No feedback was
sought as the current parking is considered illegal under NZ road rules.
Ashdonleigh Grove - No Stopping
4.8 Officers
have been approached by the resident at 14 Ashdonleigh Grove to have no
stopping installed opposite their driveway. This request comes as a mechanism
to facilitate easier access for the resident’s caravan. Officers have met
with the resident and reviewed alternative options that do not remove on-street
parking. Officers do not support the installation of no stopping opposite 14
Ashdonleigh Grove, however based on staff observations and discussions,
installing no stopping around the cul-de-sac of Ashdonleigh Grove would help
ensure vehicles and trailers can turn around, thus allowing the resident to
access their driveway from the other direction. The proposed no stopping is
shown in attachment 1, titled 4.8. Feedback from residents is currently
underway (at the time of writing this report) and will be presented to the
meeting.
Dodson Valley Road - No Stopping
4.9 No
Stopping is proposed for a narrow section of Dodson Valley Road as shown in
Attachment 1, titled 4.9. Drainage and footpath renewal is currently underway,
with kerb works and line marking to be complete by end of June 2021.
Consultation was carried out with residents in the area and no objections were
received. It is noted that due to the narrowness of the road along this section
that parking here seldom occurs, but the work provides an opportunity to
formalise safety issues.
Boundary Road – No
Stopping
4.10 In
conjunction with the Innovative Streets project trial, some work has been
undertaken to improve safety for pedestrians and cyclists travelling from
Boundary Road, over Waimea Road towards Bishopdale. This work has included
improving footpath surfaces, installing kerb crossings for cyclists and
mobility scooters, trimming of vegetation for improved visibility, installation
of wayfinding signage and installation of a crossing platform on Boundary Road.
To ensure adequate visibility at the crossing platform, no stopping either side
of the table is required. The extent of no stopping is shown in attachment 1,
titled 4.10. The Nelson Innovative Streets project trial is an initiative
that officers are collaborating on with Waka Kotahi (NZTA) and this is
supported by both Council and the community. Community engagement held has
supported speed tables and crossing points in the area.
Schedule 13 - Stop
Signs
Isel Place / The Ridgeway
4.11 As
a result of the Isel Park Connection project, and a review of the Isel
Place/The Ridgeway intersection, it has been identified that sight lines at the
currently uncontrolled intersection are poor. It is recommended that a control
be installed in the form of a STOP. Officers note the intersection largely
operates as a STOP currently (particularly for right turning traffic). The
proposed STOP sign is shown in Attachment 1, titled 4.6. Feedback regarding
this proposal received six responses, four in support, two opposing. The two
responses opposing noted that approach speeds (along the Ridgeway) were high,
therefore being able to roll-through the intersection makes turning onto The
Ridgeway easier. Officers note these concerns, however support installing a
STOP sign given visibility is restricted at this intersection. Police have
provided their support for this proposal.
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.
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Option 1: Adopt changes as
attached for Schedules 4, 8, 9 and 13 without changes
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Advantages
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· Changes
to Schedules are designed to improve safety and efficiency
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Risks and Disadvantages
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· Minor
loss of parking in some places
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Option
2: Do not adopt changes as attached for schedules 4, 8, 9 and 13.
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Advantages
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· There
are no identified advantages
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Risks and Disadvantages
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· 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).
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Author: Matt
Bruce, Team Leader Transport and Solid Waste
Attachments
Attachment 1: A2666872 Attachment
1 - Proposed Changes Shown Indicatively on Aerials ⇩
Attachment 2: A2662954
Attachment 2 - Schedule of changes to the Parking and Vehicle Control Bylaw ⇩
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Important considerations for decision making
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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.
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2. Consistency
with Community Outcomes and Council Policy
The content and recommendations of this report are
consistent with Councils Community Outcomes – “Our Infrastructure
is efficient, cost effective and meets current and future needs”. In
particular that we have good quality, affordable and effective infrastructure,
and transport networks. This report is directly aligned to the requirements
of the Parking Policy, the Parking and Vehicle Control Bylaw and with
Council’s strategic direction through the Regional Land Transport
Strategy.
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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.
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4. Financial
impact
Costs are within allocated annual budgets for road
maintenance or capital projects.
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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.
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6. Inclusion
of Māori in the decision-making process
No engagement with Māori has been undertaken in
preparing this report.
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7. Delegations
The Hearings Panel - Other has the following delegations
to consider changes to the Parking and vehicle Control Bylaw.
Powers to Decide:
· The
power to make changes to the schedules to the Parking and Vehicle Control
Bylaw
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