Notice of the Ordinary meeting of
Hearings Panel - Other
Rōpū Rongonga – Aha atu anō
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Date: Wednesday
4 May 2022
Time: 2.00p.m.
Location: via
Zoom
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Agenda
Rārangi take
Members Cr
Rachel Sanson (Chairperson)
Cr
Mel Courtney
Cr
Rohan O'Neill-Stevens
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.
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
4
May 2022
Page
No.
Karakia
and Mihi Timatanga
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
There are no minutes to confirm
6. Application for naming
of a private right of way - 617-623 Main Road Stoke 4 - 10
Document number R26812
Recommendation
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That
the Hearings Panel - Other
1. Receives
the report Application for naming of a private right of way - 617-623 Main
Road Stoke (R26812); and
2. Accepts the name of
“Shields Way” for the right of way identified in Attachment 1 of
report R26812 (A2869078).
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Karakia
Whakamutanga
Item 6: Application for
naming of a private right of way - 617-623 Main Road Stoke
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Hearings Panel - Other
4 May 2022
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REPORT R26812
Application
for naming of a private right of way - 617-623 Main Road Stoke
1. Purpose
of Report
1.1 To
accept or decline to accept an application for the naming of a private right of
way resulting from a Habitat for Humanity development at 617-623 Main Road
Stoke (resource consents approved are RM205371, RM205372 and RM215178 for the
land use and subdivision at 623 Main Road Stoke).
2. Recommendation
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That the Hearings Panel - Other
1. Receives
the report Application for naming of a private right of way - 617-623 Main
Road Stoke (R26812); and
2. Accepts the name of
“Shields Way” for the right of way identified in Attachment 1 of
report R26812 (A2869078).
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3. Background
3.1 The
location of the proposed development and private right of way off Main Road
Stoke is identified in the plans in Attachment 1 (A2869078). Habitat for
Humanity has resource consents to develop 623 Main Road Stoke for 14
residential units and plan to develop eight more residential units at 617 Main
Road Stoke in the second stage of the development.
3.2 The
proposed name for the private right of way to access the 22 residential units
is “Shields Way” to reflect the major role the late Julian Shields
(QSM) played in Nelson/Tasman during his lifetime. Julian Shields founded
Habitat for Humanity in the Nelson/Tasman region in 1996 and was responsible
for building houses for 24 partner families in our region over 24 years.
3.3 The
applicant (Habitat for Humanity’s Head of Property and Projects) advises
Julian’s drive and commitment to Habitat and to the Nelson/Tasman community
was legendary. His enthusiasm inspired many other people to work with Habitat
towards helping local families. In addition, he actively participated in
Habitat builds around the Asia/Pacific region, furthering Habitat’s
mission around the world.
3.4 Julian
was awarded the QSM in 2017 for his work with Habitat. The applicant advises
his family are delighted with this naming proposal.
4. Discussion
4.1 The
Council has no authority to name private roads or ways, other than to accept a
name for inclusion in Council records.
Compliance with
Council road naming guidelines
4.2 In
considering an application for the naming of a private right of way, the
Council should consider the following relevant road naming guidelines:
4.2.1 Whether
the name is similar in sound or spelling to any road name in the Nelson City
Council and Tasman District Council areas; and
4.2.2 Whether
the name is likely to cause any offence.
Evaluation of the proposed
name
4.3 The
proposed name is not similar to any existing name in the Nelson and Tasman
regions.
4.4 The
name is not likely to cause any offence.
5. Options
5.1 The
preferred option is to accept the name “Shields Way”. The
alternative option is for Council to decline to accept the name and ask the applicant
to submit an alternative name.
Author: Mandy
Bishop, Manager Consents and Compliance
Attachments
Attachment 1: A2869078
Right of way location - Shields Way ⇩
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Important considerations for decision making
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1. Fit
with Purpose of Local Government
The Council has the authority to name roads,
pursuant to s 319(j) of the Local Government Act 1974. The Council does
not have the authority to name private rights of way but may accept and
record the name in Council systems and records.
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2. Consistency
with Community Outcomes and Council Policy
The decision in this report supports the community
outcome that our Council provides leadership and fosters partnerships, a
regional perspective and community engagement.
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3. Risk
This is a
low-risk decision as checks have been carried out to ensure that the proposed
name will not cause confusion to the public or to emergency services, if
there are existing similar names. The name will not cause offence.
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4. Financial
impact
No additional resources are required.
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5. Degree
of significance and level of engagement
This matter is of low significance because there is
no impact on any private person (no building on these lots has commenced). No
consultation is required.
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6. Climate
Impact
Not applicable for the naming of a private right of
way in an authorised subdivision and land use development.
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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 has the following delegations to
consider
Areas of Responsibility:
· Matters
relating to naming features within the city (5.19.1)
Powers to Decide:
· 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 (5.19.3)
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Item
6: Application for naming of a private right of way - 617-623 Main Road Stoke:
Attachment 1
