Agenda of Hearings Panel - Other

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

11 August 2021

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. Temporary Road Closure - Youth Lane Event and Nelson Arts Festival 5 - 17

Document number R25859

Recommendation

That the Hearings Panel - Other

1. Receives the report Temporary Road Closure - Youth Lane Event and Nelson Arts Festival (R25859) and its attachments (A2633258, A2632626, A2635478 and A2625113); and

2. Approves the temporary road closures for:

· the Youth Lane Event on 28 August 2021 between 1pm and midnight; and

· the Nelson Arts Festival from 9am on 29 October 2021 to 3am on 30 October 2021.

6. Temporary Road Closures - New Year's Eve Celebration 2022 and Nelson City New Year's Eve Road Closures 18 - 29

Document number R26013

Recommendation

That the Hearings Panel - Other

1. Receives the report Temporary Road Closures - New Year's Eve Celebration 2022 and Nelson City New Year's Eve Road Closures (R26013) and its attachments (A2683094, A2685441, A2694901 and A2698592); and

2. Approves the temporary road closures (referred to in report R26013) for:

· the New Year’s Eve Celebrations from 5am Friday 31 December 2021 to Midday on Saturday 1 January 2022 (A2685441); and

· the Nelson City Centre New Year’s Eve Road Closures from 8pm 31 December 2021 to 1am on Saturday 1 January 2022 (A2698592).

Item 6: Temporary Road Closure - Youth Lane Event and Nelson Arts Festival

Hearings Panel - Other

11 August 2021

REPORT R25859

Temporary Road Closure - Youth Lane Event and Nelson Arts Festival

1. Purpose of Report

1.1 To approve the temporary road closure application for the Youth Lane Event 2021 on 28 August 2021 and Nelson Arts Festival on 29/30 October 2021.

2. Recommendation

That the Hearings Panel - Other

1. Receives the report Temporary Road Closure - Youth Lane Event and Nelson Arts Festival (R25859) and its attachments (A2633258, A2632626, A2635478 and A2625113); and

2. Approves the temporary road closures for:

· the Youth Lane Event on 28 August 2021 between 1pm and midnight; and

· the Nelson Arts Festival from 9am on 29 October 2021 to 3am on 30 October 2021.

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 (WK) is undertaken to temporarily close any road under Schedule 10 Clause 11 of the Local Government Act 1974. Nelson City Council (NCC) and WK have an agreement whereby specific consultation is only required if the closure affects state highway or their assigned detour routes.

4. Youth Lane Event

4.1 Council officers received an application on 5 May 2021 from the Nelson City Council Events Team to close Church Street on 28 August 2021 from 1.00pm to Midnight as shown on Attachment 1. The Youth Lane Event is an event that runs in collaboration with the 4-Lanes Festival and is a proposed event for people under 18 years of age. This provides a separate and special area away from the other four lanes that are more family orientated. Youth groups from across Nelson, under the supervision of the Nelson City Council Events Team, will help provide ideas and activities for the Youth Lane including activities such as live music, light projection, performances, a temporary skate ramp, DJ’s, comedy and silent disco that will also include local businesses in the street.

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 provided 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 19 May 2021 to notify of the applicant’s intention to close this road and inviting feedback by 2 June 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 Two items of feedback received as detailed below:

4.6.1 One dated 8 June from East Street Café on Church Street. This was a positive comment noting that they were more than happy for the street to be closed.

4.6.2 One dated 8 June 2021 from Hogey’s Surf Shop on the corner of Hardy Street and Church Street. The concern raised related to the closing Church Street on Saturday 28 August noting that Saturdays during the winter months is one of their busiest days of trade and requesting that the event be held on a Sunday. Concern was also expressed about the nature of the event specifically:

“Also having a lot of young people in one confined street with our businesses I think is going to be a disaster. The lady that delivered the pamphlet to us stated that there was going to be a skate ramp put up. Skateboards with glass front businesses?? All I can see is smashed windows from out of control Skateboards, I see it every day around here young people trying to do tricks and then out of control Boards. There must be other premises that can be used for this kind of event, NOT in the CBD close to businesses.”

Officer comment - As a result of this feedback the Youth Lane Event Organiser visited the owner and at that meeting the following mitigation measures were agreed to by the event organisers which allayed the shop owner’s concerns:

· Event organisers will install a security fence line along Hogey's shop windows in Church Street for protection.

· Event organisers will move the proposed temporary Skate ramp down to the other end of the street where windows are not an issue and where there is slightly more road space.

· Security guards will be stationed at the event entrance area at Hardy and Church Streets and they will ensure kids move along the street and don't hang about in Hogey's doorway or in the street.

· The event to finish an hour earlier than originally planned, to align with the rest of Four Lanes Festival.

· Event organisers will keep the entertainment low key to keep the energy of the event calm.

· Event organisers will ensure that the Hogey’s shop entrance area is clean and tidy at the conclusion of the event.

4.7 The Youth Lane Event has resource consent and evidence of public liability insurance has been provided.

4.8 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.

4.9 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences under this process, but more if time allows.

4.10 If this event gets cancelled due to, for example COVID-19 restrictions, the closure will not proceed, and this will be publicly notified.

5. Nelson Arts Festival

5.1 Council officers received an application on 9 March 2021 from the Nelson Arts Festival to close the roads listed below at the times listed below, and as shown in Attachment 3. The Nelson Arts Festival is an annual event that includes the Mask Parade and Carnival. It is described as an explosion of colour, music and performance bringing the community together and livening the streets of Nelson. This year’s theme is ‘Connections’.

5.2 The roads proposed to be closed include the following. The route is the same as previous years, the only differences being that this year the route is shorter and bus access will not be as affected.

· Hardy Street from Park Street to Hope Street from 9am Friday 29 October until 3am Saturday 30 October 2021.

· Morrison Street including Morrison Square from Midday Friday 29 October until 3am Saturday 30 October 2021. This has now been changed from 9am to 12pm (midday).

· Part closure of Montgomery Square Carpark and the entrance to Montgomery Square Car Park from Bridge Street and Hardy Street from 2pm to 7pm Friday 29 October 2021.

· Trafalgar Street from Bank Lane to Hardy Street, Park Street, Hardy Street from Church Street to Park Street and from Hope Street to Collingwood Street and Hope Street from 2pm Friday 29 October until 3am Saturday 30 October 2021.

· Church Street and Hardy Street from Montgomery Square Carpark to Church Street from 4pm to 7pm Friday 29 October 2021.

· Trafalgar Square and Selwyn Place from Trafalgar Square to Sussex Street from 4pm Friday 29 October until 3am Saturday 30 October 2021.

5.3 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.

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

5.5 Consultation with Police has been undertaken and they have provided their approval for this event.

5.6 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 19 May 2021 to notify of the applicant’s intention to close this road and inviting feedback by 2 June 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 4). Morrison Street (including Morrison Square) had proposed a closure of 9am on Friday 29 October. This has now been changed to 12pm (midday). The event organisers liaised with Morrison Square Management and all agreed on this change on 1 June 2021.

5.7 The Nelson Arts Festival has noise consent under RM155195V1. Evidence of public liability insurance has been provided.

5.8 Council officers are satisfied that the road closures 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.

5.9 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences under this process, but more if time allows.

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

6. Options

6.1 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: A2633258 - MAP - Youth Lane Event 2021 ⇩

Attachment 2: A2632626 - Road Closure Letter - Youth Event 2021 ⇩

Attachment 3: A2635478 - MAP - Nelson Arts Festival 2021 ⇩

Attachment 4: A2625113 - Road Closure Letter - Nelson Arts Festival 2021 ⇩

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

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 Māori 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: Temporary Road Closures - New Year's Eve Celebration 2022 and Nelson City New Year's Eve Road Closures

Hearings Panel - Other

11 August 2021

REPORT R26013

Temporary Road Closures - New Year's Eve Celebration 2022 and Nelson City New Year's Eve Road Closures

1. Purpose of Report

1.1 To approve the temporary road closure application for the New Year’s Eve Celebration on 31 December 2021 and the Nelson City Centre New Year’s Eve Road Closures.

2. Recommendation

That the Hearings Panel - Other

2. Approves the temporary road closures (referred to in report R26013) for:

· the New Year’s Eve Celebrations from 5am Friday 31 December 2021 to Midday on Saturday 1 January 2022 (A2685441); and

· the Nelson City Centre New Year’s Eve Road Closures from 8pm 31 December 2021 to 1am on Saturday 1 January 2022 (A2698592).

3. Background

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

4. New Year’s Eve Celebration 2022

4.1 Council officers received an application on 10 June 2021 from Youth and Community Works to close Trafalgar Square from 5am on 31 December 2021 to Midday on Saturday 1 January 2022 as shown on Attachment 1.

4.2 The New Year’s Eve Celebration is a free annual event that occurs every year to bring the community together and the road closure is no different to any other year. This year will offer a line-up of all aged artists to play music at the Church Steps in Upper Trafalgar Street. The event starts at 7.30pm with family-friendly music and performances. The family friendly section concludes at 9pm with a kids’ countdown and entertainment and resumes with more adult focussed musical acts until midnight.

4.3 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.

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

4.5 Consultation with Police has been undertaken and they have provided their approval for this event.

4.6 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 30 June 2021 to notify of the applicant’s intention to close this road and inviting feedback by 28 July 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).

4.7 Feedback was received on 14 July 2021 from 65 Selwyn Street (just after Park Street) on behalf of the Nelson Club where there are 65 carparks. The request was that vehicle access for the Club be maintained during the event with one of the two entrances to remain open. The event organiser can accommodate this by giving access via Selwyn Place for entry and exit. The respondent was advised of this on the 23 July 2021.

4.8 The New Year’s Eve Celebration has resource consent 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.

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 If this event gets cancelled due to, for example COVID-19 restrictions, the closure will not proceed, and this will be publicly notified.

5. New Year’s Eve Road Closures 2022

5.1 Council officers received an application on 30 June 2021 from the Nelson City Council Transport Team, in partnership with Nelson Police to close the below roads from 8pm on 31 December 2021 to 1am on Saturday 1 January 2022 as shown on Attachment 3. The New Year’s Eve Road Closures are made to keep the public safe on New Year’s Eve. People often spill out onto the roads and having the roads closed makes it safer for the community. The road closures are no different to any other year.

· Bridge Street between Trafalgar Street – Collingwood Street

· Hardy Street between Church Street – Collingwood Street, including Hope Street and Morrison Street Intersections

· Trafalgar Street between Bridge Street – Hardy Street

· Park Street

· Alma Street

· Buxton Carpark

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 not been undertaken due to this event not having any impact on the State Highway or its detour routes.

5.4 Consultation with Police has been undertaken and they have provided 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 14 July 2021 to notify of the applicant’s intention to close this road and inviting feedback by 28 July 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 4). No feedback was 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 under this process, but more if time allows.

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

6. Options

6.1 The Hearings Panel - Other has two options, either to approve or decline the temporary road closure application and celebration. Officers recommend approving the temporary road closure and celebration for these events.

Author: Gillian Dancey, Contracts Supervisor - Roading

Attachments

Attachment 1: A2683094 - MAP - New Years Eve Celebrations 2022 ⇩

Attachment 2: A2685441 - Road Closure - Letter Drop - Nelson New Years Eve Celebrations 2022 ⇩

Attachment 3: A2694901 - MAP - Nelson City Centre New Years Eve Road Closures 2022 ⇩

Attachment 4: A2698592 - Road Closure - Nelson City Centre New Years Eve Road Closures 2022 ⇩

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

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 Māori 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.