Notice of the Ordinary meeting of
Hearings Panel - Other
Te Rōpū Kaupapa
Date: Wednesday 1 December 2021 Time: 9.00a.m. Location: Council
Chamber |
Agenda
Rārangi take
Members Cr Rohan O'Neill-Stevens (Chairperson)
Cr Kate Fulton
Cr Pete Rainey
Quorum: 2 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. For enquiries call (03) 5460436.
· 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.
· 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.
· 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
1 December 2021
1. Apologies
Nil
2. Confirmation of Order of Business
3.1 Updates to the Interests Register
3.2 Identify any conflicts of interest in the agenda
There are no minutes to confirm
6. Parking and Vehicle Control Bylaw 5 - 10
Document number R26186
Recommendation
That the Hearings Panel - Other 1. Receives the report Parking and Vehicle Control Bylaw (R22707) and its attachments (A2788242 and A2788624); and 2. Approves amendments detailed in report R22707 and its attachments (A2788242 and A2788624) to the following Schedules of the Bylaw, Parking and Vehicle Control (2011), No 207: · Schedule 9
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7. Community Celebration Parade, Christmas Carols, Sanitarium Weet-Bix Kids TRYathlon 2022 and Netsky Concert 11 - 31
Document number R26249
Recommendation
That the Hearings Panel - Other 1. Receives the report Community Celebration Parade, Christmas Carols, Sanitarium Weet-Bix Kids TRYathlon 2022 and Netsky Concert (R26249) and its attachments (A2772316, A2770192, A2757424, A2757237, A2763434, A2763428, A2772356 and A2723335); and 2. Approves the temporary road closures as per report R26249 for Community Celebration Parade on 12 December 2021, and the contingency dates for 2022 as stipulated in the report; and 3. Approves the temporary road closures as per report R26249 for Nelson Christmas Carols on 24 December 2021; and 4. Approves the temporary road closures as per report R26249 for Sanitarium Weet-Bix Kids TRYathlon 2022 on 20 March 2022; and 5. Approves the temporary road closures as per report R26249 for Netsky Concert on 4 January to 6 January 2022; and 6. Notes COVID-19 restrictions have introduced a large amount of uncertainty to events planning.
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Item 6: Parking and Vehicle Control Bylaw
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Hearings Panel - Other 1 December 2021 |
REPORT R26186
Parking and Vehicle Control Bylaw
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
3. Background
3.1 The Parking and Vehicle Control Bylaw 2011 allows for the Council by resolution, to add, amend or delete specifications contained within the Schedules. The Council has delegated this power to the Hearings Panel -Other. To ensure that the Bylaw is enforceable it is important to ensure that the Schedules are updated on a regular basis. The Bylaw Schedules were last updated in October 2021.
3.2 Minor alterations and additions are proposed to Schedule 9 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 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 9 – No Stopping and No Parking Areas
4.1 Bay View Road – Proposed No Stopping Areas
4.1.1 Concern has been raised by residents of Bay View Road regarding the increase in traffic and speeds, largely attributed to the Bay View subdivision. Officers and the developer (and the developers’ contractor) have met with residents on this matter and the developer has prepared a Construction Traffic Management Plan (CTMP) that has been circulated to the residents. That CTMP addresses aspects that the developer can control with respect to construction traffic relating to the earthworks and supply of materials for the subdivision.
4.1.2 The CTMP does not and cannot address the other issues experienced on the road. Officers have reviewed options to improve safety, and have letter dropped residents seeking feedback on the installation of no stopping signs to improve sight distances and overall safety.
4.1.3 No stopping areas are proposed where visibility is reduced due to the geometry of the road. Ensuring that the road is clear of parked vehicles during weekdays will ensure vehicles can travel within their designated lanes, particularly larger trucks and construction plant associated with the development but also general traffic. These no stopping areas would be established using signs rather than road marking due to the varying times at which these restrictions would apply.
4.1.4 The proposed no stopping would be established using no stopping signs that would prohibit parking between the hours of 8am and 5pm Mon-Fri. This coincides with the times when traffic volume is greater due to construction traffic. Outside of these times, parking can occur as it does currently.
4.1.5 Officers propose that these areas be established permanently and be monitored and reviewed for effectiveness as and when changes occur to the roading environment.
4.1.6 At the time of report writing the collection of feedback from residents was underway. Feedback will close on 28 November allowing officers time to prepare and circulate a summary of feedback to the Hearing Panel prior to the meeting. The proposed no stopping areas are shown in attachment 1, titled 4.1.
5. Options
5.1 There are limited options for the items presented in this report as the changes in schedule 9 are proposed changes to improve safe traffic movement. Option 1 is the recommended option.
Option 1: Adopt changes as attached for Schedule 9 without changes. Recommended option. |
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Advantages |
· Installation of time restricted no-stopping ensures vehicles can travel within their designated lanes, particularly larger trucks and construction plant associated with the development · The proposal will go a long way to addressing the concerns of the residents |
Risks and Disadvantages |
· Loss of daytime on-street parking in places will affect some residents |
Option 2: Do not adopt changes as attached for Schedule 9 |
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Advantages |
· All day parking on-street is retained |
Risks and Disadvantages |
· Failure to approve changes will not address the concerns of unsafe use of the roading network by residents and ignores calls for Council to improve safety on this road |
Author: Matt Bruce, Team Leader Transport and Solid Waste
Attachments
Attachment 1: A2788242 - Proposed Changes Shown Indicatively on Aerials ⇩
Attachment 2: A2788624 - 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 Councils Community Outcomes – “Our Infrastructure is efficient, cost effective and meets current and future needs”. In particular that we have good quality, affordable and effective infrastructure, and transport networks. This report is directly aligned to the requirements of the Parking Policy, the Parking and Vehicle Control Bylaw and with Council’s strategic direction through the Regional Land Transport Strategy. |
3. Risk To ensure that the Bylaw is enforceable, it is important to ensure that the Schedules are updated on a regular basis. Failure to update Schedules will open enforcement up to challenge. |
4. Financial impact Costs are within allocated annual budgets for road maintenance or capital projects. |
5. Degree of significance and level of engagement This matter is of low significance. Nearby businesses and residents that could be affected, have been consulted. |
6. Inclusion of Māori in the decision-making process No engagement with Māori has been undertaken in preparing this report. |
7. Delegations The Hearings Panel - Other has the following delegations to consider changes to the Parking and vehicle Control Bylaw. Powers to Decide: · The power to make changes to the schedules to the Parking and Vehicle Control Bylaw
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Item 7: Community Celebration Parade, Christmas Carols, Sanitarium Weet-Bix Kids TRYathlon 2022 and Netsky Concert
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Hearings Panel - Other 1 December 2021 |
REPORT R26249
Community Celebration Parade, Christmas Carols, Sanitarium Weet-Bix Kids TRYathlon 2022 and Netsky Concert
1. Purpose of Report
1.1 To approve the temporary road closure applications for the Community Celebration Parade on 12 December 2021, Christmas Carols on 24 December 2021, Sanitarium Weet-Bix Kids TRYathlon 2022 on 20 March 2022 and Netsky Concert from 4 January to 6 January 2022.
2. Recommendation
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. Community Celebration Parade
· Hardy Street (from Rutherford Street to Morrison Street), Trafalgar Street (from Hardy Street to Grove Street and Hathaway Terrace, including Trafalgar Park Lane and Trafalgar Carpark) and Montgomery Square from 6am to 3.30pm Sunday 12 December.
· Bridge Street (at the intersection with Trafalgar Street) and Halifax Street (at the intersection with Trafalgar Street) from 1pm to 3.30pm Sunday 12 December.
4.2 If the event cannot proceed on the 12 December 2021 as planned, the contingency dates (which close the same roads at the same times) are as follows:
· Sunday 16 January 2022
· Sunday 20 February 2022
· Sunday 20 March 2022
· Sunday 17 April 2022
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. Consultation with the 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 3 November 2021 to notify of the applicant’s intention to close these roads on one of the stipulated dates in the letter and inviting feedback by 17 November 2021. 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 was carried out (Attachment 2).
4.6 Feedback was received as detailed below:
4.6.1 A leaseholder of private parking in Crisps Lane sought advice on how access to Crisps Lane would be managed on the day of the proposed closure. Private park lease holders will be given access via Rutherford Street on the day to allow parking in Crisps Lane.
4.6.2 A private resident of Hathaway Court requested confirmation on where the parade would start and end, questioning the length of the closure, and asked if the residents of Hathaway Court Apartments could use Trafalgar Park Lane to gain access to their properties. Officers have confirmed with the resident that the Parade will be starting in Montgomery Carpark ending at Hathaway Court. The early road closure is required to prevent people parking in the area before the parade starts. All Hathaway Court Apartments residents will have access via Trafalgar Park Lane.
4.7 No noise consent is required for this event 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. If the event gets cancelled due to, for example COVID-19 restrictions, the closures will proceed to the next contingency date, and this will be publicly notified.
5.1 Council officers received an application on 29 September 2021 from Nelson City Council Transport Team to close Trafalgar Square, including the Church steps and the intersection with Park Street on 24 December 2021 from 7pm to 11pm as shown in Attachment 3. The Christmas Carols is an annual event for the Nelson public to get together and sing Christmas Carols.
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. Consultation with the Police has been undertaken and they have given their approval for this event.
5.4 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 20 October 2021 to notify of the applicant’s intention to close these roads and inviting feedback by 3 November 2021. 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 was carried out (Attachment 4). No feedback was received for this event.
5.5 No noise consent is required for this event and evidence of public liability insurance has been provided.
5.6 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.
5.7 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences. If the event gets cancelled due to, for example COVID-19 restrictions, the closures will not proceed, and this will be publicly notified.
6. Sanitarium Weet-Bix Kids TRYathlon 2022
6.1 Council
officers received an application on 6 October 2021 from SMC Events Ltd to close
the roads listed below on 20 March 2022 from 6am to 1pm as shown in Attachment
5. 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
· Centennial Road
· Green Street – from Roto Street
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 been undertaken and they have given their approval for this event. Consultation with the Police has been undertaken and they have given their approval for this event.
6.4 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 20 October 2020 to notify of the applicant’s intention to close these roads and inviting feedback by 3 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 6). No feedback was received for this event.
6.5 No noise consent is required for this event and evidence of public liability insurance has been provided.
6.6 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.
6.7 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences. If the event gets cancelled due to, for example COVID-19 restrictions, the closures will not proceed, and this will be publicly notified.
7. Netsky Concert
8.1 Council officers received an application from Trademark Live on 19 October 2021 to close the roads listed below at the times listed below, and as shown in Attachment 7. This concert is in place of Bay Dreams South 2022 due to the implications of COVID-19 and international acts being unable to get into New Zealand. The company organising this event still wanted to bring a concert to Nelson and have planned accordingly with the available acts.
· Hathaway Carpark and Paru Paru Road (just past the bollards) from 6am Tuesday 4 January until 6pm Thursday 6 January;
· Trafalgar Street (from Wainui Street to Halifax Street), Hathaway Terrace and Grove Street (from Trafalgar Street to Collingwood Street) from 9pm to Midnight on Wednesday 5 January;
· Achilles Ave and Wakatu Lane (Whakatu Carpark) from 5:00pm to Midnight on Wednesday 5 January. Parking will be reduced during the day ahead of this. This area is for the purposes of bus drop off/pick up.
7.2 Consultation with Waka Kotahi has been undertaken and they have given their approval for this event. Consultation with the Police has been undertaken and they have given their approval for either of these closures and for the event.
7.3 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.
7.4 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 3 November 2021 to notify of the applicant’s intention to close these roads and invited feedback by 17 November 2021. The advertisement was also placed on the Council website, an email notification undertaken, and a hand delivered letter drop by the applicant to directly affected businesses/residents in the Nelson CBD carried out (Attachment 8).
7.5 Feedback was received as detailed below:
7.5.1 One respondent sought confirmation that Hathaway Court residents will have the same access provisions as for previous years. Officers can confirm that the setup will be the same as previous years.
7.6 The Netsky Concert traffic management co-ordinator has confirmed that all Hathaway Court residents will receive a specific notification and an invitation to provide feedback in their letterbox.
7.7 Consents and liquor license requirements for this event will be processed by other teams within Council. Insurance requirements will be managed under the contract between Trademark Live and Council.
7.8 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.
7.9 Council will normally advise any decision regarding closure to affected businesses and residences as soon as the decision is made (in this case approximately 6 weeks prior to the event). In any case, if approved, a minimum of 24 hours’ notice is provided. If the event gets cancelled due to, for example COVID-19 restrictions, the closures will not proceed, and this will be publicly notified.
8. Options
8.1 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: A2772316 - MAP - Community Celebration Parade - 2021 ⇩
Attachment 2: A2770192 - Road Closure Letter - Community Celebration Parade ⇩
Attachment 3: A2757424 - MAP - Christmas Carols 2021 ⇩
Attachment 4: A2757237 - Road Closure Letter - Nelson Christmas Carols 2021 ⇩
Attachment 5: A2763434 - MAP - Sanitarium Weet-Bix Kids TRYathlon 2022 ⇩
Attachment 6: A2763428 - Road Closure Letter - Sanitarium Weet-Bix Kids TRYathlon 2022 ⇩
Attachment 7: A2772356 - MAP - Netsky Concert - 2022 ⇩
Attachment 8: A2723335 - Road Closure Letter - Netsky Concert 2022 - Letter Drop ⇩
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. This temporary road closure fits 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 closure is not approved, the event is 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: Community Celebration Parade, Christmas Carols, Sanitarium Weet-Bix Kids TRYathlon 2022 and Netsky Concert: Attachment 1
Item 7: Community Celebration Parade, Christmas Carols, Sanitarium Weet-Bix Kids TRYathlon 2022 and Netsky Concert: Attachment 2
Item 7: Community Celebration Parade, Christmas Carols, Sanitarium Weet-Bix Kids TRYathlon 2022 and Netsky Concert: Attachment 4
Item 7: Community Celebration Parade, Christmas Carols, Sanitarium Weet-Bix Kids TRYathlon 2022 and Netsky Concert: Attachment 6