Agenda of Hearing Panel - Friday, 26 July 2024

Hearing Panel

1. 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.

2. Membership:

· All elected members aside from the Mayor, in rotation. Each Hearing Panel will be made up of three members.

· The Chair of each Panel will be an elected member who has previously completed the ‘Making Good Decisions’ course.

· Each Hearings Panel will include no more than one elected member in their first triennium of Council

· The Group Manager Environmental Management may appoint one or more Independent Commissioners to either assist the Hearing Panel 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.

3. 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

· 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.

Hearing Panel

26 July 2024

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

4.1 Shiree Dale - Proposed no stopping lines around 10 Ara O Ngati Koata

Shiree Dale, will speak about the proposed no stopping lines around 10 Ara O Ngati Koata and propose an additional parking bay at the berm across from the property.

5. Confirmation of Minutes

5.1 13 June 2024 5 - 8

Document number M20614

Recommendation

That the Hearing Panel

1. Confirms the minutes of the meeting of the Hearing Panel, held on 13 June 2024, as a true and correct record.

6. Traffic and Parking Bylaw Updates 9 - 35

Document number R28628

Recommendation

That the Hearing Panel

1. Receives the report Traffic and Parking Bylaw Updates (R28628) and its attachments (1355221503-21214, 1355221503-21309, 1862260321-70885, 340448201-6379, 340448201-6375, 340448201-6377,1355221503-20833, 1355221503-20837, 1355221503-20841, 1355221503-20865,1355221503-21495, 340448201-6378, 340448201-6380, 340448201-6376 , 1355221503-27162 and 340448201-6385); and

2. Approves removal of 26 carparks currently reserved for carpooling adjacent to Wakatu Square; and

3. Approves Restricting Parking on certain roads as described in Report 28628 4.12 – 4.19 and shown in accompanying attachments; and

4. Approves inclusion of Stop or Give Way traffic controls at certain intersections as described in Report 28628 4.20- 4.23 and shown in accompanying attachments.

Karakia Whakamutanga

Hearing Panel Minutes - 13 June 2024

Minutes of a meeting of the

Hearing Panel

Te Rōpū Rongonga

Held in the Council Chamber, Floor 2A, Civic House, 110 Trafalgar Street, Nelson on Thursday 13 June 2024, commencing at 9.00a.m.

Present: Councillors M Anderson (Chairperson), P Rainey and C Rollo

In Attendance: Acting Group Manager Infrastructure (D Light), Governance Adviser (A Bryce) and Assistant Governance Adviser (M Taylor)

Apologies : Nil

Karakia and Mihi Timatanga

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

There was no public forum.

5. Confirmation of Minutes

5.1 7 May 2024

Document number M20559, agenda pages 6 - 8 refer.

Resolved HEA/2024/011

That the Hearing Panel

1. Confirms the minutes of the meeting of the Hearing Panel, held on 7 May 2024, as a true and correct record.

Rainey/Rollo Carried

6. Temporary Road Closure - The Spectacle

Document number R28446, agenda pages 9 - 24 refer.

Manager Transport and Solid Waste, Margaret Parfitt and Contracts Supervisor – Roading, Gillian Dancey, took the report as read and answered questions on the change in event timings in response to the feedback received.

Anni Pfitzinger from The Spectacle, answered questions on the change to the start time of the event.

Resolved HEA/2024/012

That the Hearing Panel

1. Receives the report Temporary Road Closure - The Spectacle (R28446) and its attachments (340448201-5763, 1355221503-13714 and 1355221503-20083, 1355221503-20960); and

2. Approves the temporary road closure as per report R28446 for The Spectacle on 14 December 2024.

Rainey/Rollo Carried

7. Traffic and Parking Bylaw Updates

Document number R28494, agenda pages 25 - 47 refer.

Manager Transport and Solid Waste, Margaret Parfitt and Senior Climate Change Adviser, Daniela Ramirez, took the report as read and answered questions on the Millers Acre car parks.

Resolved HEA/2024/013

That the Hearing Panel

1. Receives the report Traffic and Parking Bylaw Updates (R28494) and its attachments (1862260321-69034, 1862260321-68835, 1862260321-69033, 1355221503-20762, 1862260321-68836, 1862260321-68837, 1862260321-68838 and 1862260321-69424); and

2. Agrees that the process in clause 10.2 of the Traffic and Parking Bylaw is not required for resolutions to be made under the Bylaw in recommendations 3 – 7 and 9-11.

3. Approves reserved parking for car share scheme providers as outlined in 4.5 (1A, 1B and 1C) of report 28494; and in accordance with the Car Sharing Operation Policy, under clause 32.1(k) of the Traffic and Parking Bylaw 2023; and

4. Approves Millers Acre extension parking place as a P180 time restricted payment parking zone, with parking fees to apply on a pay by plate basis; and

5. Approves within Millers Acre extension parking place two reserved parks for use by disabled persons; and

6. Approves within Millers Acre extension parking place one general use EV charging park with P30 time restriction; and

7. Approves within Millers Acre extension parking place three reserved parks for use by registered car share scheme providers; and

8. Notes that the effect of the resolutions made under Part 4 of the Bylaw in relation to Millers Acre extension parking place is that Council is deemed to have authorised Millers Acre extension parking place as a parking place under s 591 Local Government Act 1974; and

9. Approves temporary relocation of 26 carparks currently reserved for carpooling adjacent to Wakatu Square while consultation occurs regarding removal; and

10. Approves restricting parking on certain roads as described in Report 28494 4.14-4.18 and shown in attachment 4; and

11. Approves amended bus stop locations as described in Report 28494 4.19 and shown in attachments 5, 6,7 and 8.

Anderson/Rainey Carried

Karakia Whakamutanga

There being no further business the meeting ended at 9.17a.m.

Confirmed as a correct record of proceedings by resolution on (date)

Resolved

Item 6: Traffic and Parking Bylaw Updates

Hearing Panel

26 July 2024

Report Title: Traffic and Parking Bylaw Updates

Report Author: Margaret Parfitt - Manager - Transport and Solid Waste

Report Authoriser: Alec Louverdis - Deputy Chief Executive / Group Manager Infrastructure

Report Number: R28628

1. Purpose of Report

1.1 To make resolutions under the Traffic and Parking Bylaw (2023) schedules to give effect to minor safety and parking improvements.

2. Recommendation

That the Hearing Panel

2. Approves removal of 26 carparks currently reserved for carpooling adjacent to Wakatu Square; and

3. Approves Restricting Parking on certain roads as described in Report 28628 4.12 – 4.19 and shown in accompanying attachments; and

4. Approves inclusion of Stop or Give Way traffic controls at certain intersections as described in Report 28628 4.20- 4.23 and shown in accompanying attachments.

3. Background

3.1 The Traffic and Parking Bylaw (2023) allows for the Council, in accordance with part 2 of the bylaw, to make resolutions regarding the operation of Councils roading corridors. The Council has delegated this power to the Hearings Panel. To ensure that the Bylaw is enforceable it is important to ensure that all restrictions are approved by the Hearing Panel and updated in Councils schedules and public facing mapping system on a regular basis.

3.2 Section 4 of the report describes proposals that officers have considered and sought feedback on. It also includes officer recommendations on each proposal.

3.3 The proposed changes 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. Any actual approved changes will be updated within the existing traffic restriction schedules and on the public facing web map which is under development.

4. Discussion

Wakatu Square reserved parks for car pooling

4.1 Since 2010 Council has provided designated long term parking spaces for people participating in Council’s carpool scheme. To qualify vehicles must carry two or more occupants when parking and display at least two valid carpool permits. The parks are generally provided in convenient locations in off-street car parking areas or commercial fringe areas. There are currently carpool carparks available spread across the city at Kerr Street (10), Haven Road (10) Harley Street (15) and Wakatu Square (26). After 10am, remaining carpooling spaces become available to other drivers to improve the efficiency of the parking resource.

4.2 Council currently has 204 registered carpool groups.

· 96% of the registers groups only contain 2 cars in the grouping.

· 34% of the carpool groupings have all members registered as living at the same residential address.

4.3 All the carpool areas are patrolled daily by council parking wardens. Reserved parks are checked before 10am to make sure no one without a permit is parked in them. After 10am the reserved areas are available for all users. A small number of infringements are issued prior to 10am for not displaying a permit. Parking wardens report reserved areas are all well used but are open to abuse with anecdotal evidence suggesting many people using them are actually driving alone. Spot checks by transport staff have also made this observation but it is difficult to prove abuse as other carpool members may have been dropped off at employment elsewhere prior to the car being parked.

4.4 The Parking Management Plan for the City Centre and Fringe, which was adopted as part of the Parking Strategy in 2022 recommended review of effectiveness and compliance with the carpool permit scheme. This work is planned for 2025 or sooner if staff resource allows.

4.5 In March 2024 Council entered into a lease with Connings food store to establish a pop-up store in the city centre. The pop-up store will open in the building located at 81 Achilles Ave (previously occupied by the Community Art Works). Included in the lease, which commenced on 1 July 2024, is an area that will be used for short term customer parking. There have historically been 26 carparks in this location that have been reserved for registered carpool users at 71 & 69 Achilles Ave. As a result, these reserved carparks need removal or relocation in the bylaw schedules.

4.6 The bylaw requires consultation to occur before changes to schedules can be considered. The lease for Connings commenced on 1 July 2024 and the area at 71 and 69 Achilles Ave became immediately unavailable for parking. The 13 June 2024 Hearings Panel approved an alternative site for 24 car poolers at 87 Achilles Ave which is available until 1 August 2024. This provided time for required consultation before any final decision to remove or replace the reserved carpool car parks.

4.7 An email was sent to all existing car-poolers inviting feedback on potential changes, (appended as Attachment 1). Twenty submissions were received, and feedback is summarised below.

4.7.1 Some respondents welcomed the revitalisation of the city centre with the planned new retail activity in Wakatu Square but expressed concern about reserved carpooling being displaced.

4.7.2 Almost all respondents opposed the permanent removal of the carparks without reinstatement elsewhere close by. Reasons stated included convenience and proximity to workplaces, security concerns walking further afield in the hours of darkness, demand for reserved parks outstripping supply and thus disadvantaging those who start work later, cost of paid parking, disincentivising working in the city centre, general lack of alternatives for those wanting to reduce carbon emissions.

4.8 Since the carpool permit scheme was introduced, there have been a number of changes to Councils transport infrastructure and policy that support reduced reliance on private vehicles commuting into the city centre. These include improved walking and cycling facilities, a step change in public transport, and introduction of carshare schemes.

4.9 Councils long term plan includes plans to construct more commuter parking at Rutherford Park which will be free of charge.

4.10 Council could choose to relocate the 26 carpool parks as suggested in the feedback. Options include:

4.10.1 Extend the Haven Road reserved precinct. This area is outside of the paid parking zone and currently heavily parked by non-carpooling commuters who would be displaced.

4.10.2 Reserve carparks within the Wakatu Square paid parking area. This would result in a drop in revenue and it likely to be unpopular with retailers who wish to see high turnover in the paid parking squares.

Any relocation would require further consultation and is likely to be met with opposition from displaced non carpooling users.

4.11 Officers recommend permanent removal of the reserved 26 carparks, without replacement, and further review of the scheme to ensure greater compliance with the rules around multiple occupancy so that the scheme meets its intentions.

Prohibiting or Restricting Parking on Certain Roads

4.12 The Toi Toi Street - St Vincent Street roundabout had been identified through the NZTA safety programme as having a significant crash rate. It is on the active travel route to all local schools and the St Vincent Street separated cycle pathway passes through it. To safely accommodate these different modes of traffic, an intersection upgrade has been carried out. Feedback from nearby business and residents on the design, including a total loss of six parking spaces, was gathered before construction commenced. The construction plan of the intersection, showing new No Stopping restrictions, is appended as Attachment 2. Some businesses expressed concern about the loss of parking but accepted the need for it. At present P30 time restrictions exist in the immediate shopping area but retailers and the kindergarten have requested these be extended. An immediate change to increase available parking will be to revert the now redundant temporary bus stop outside 139 Toi Toi Street back to parking as shown in Attachment 3. Officers are carrying out further investigation and consultation on extended time limited parking and this will be bought to a future Hearings Panel.

4.13 Following construction and vesting of new roads through the subdivision process, Council needs to accept into its Traffic and Parking bylaw any new restrictions on roads that are now within Nelson City Council’s control. Several roads have been, or are soon to be, vested in Council. Officers recommend adding the no stopping restriction, as shown on plans attached, to the bylaw schedules to ensure these restrictions are enforceable.

4.13.1 Canary Place: Attachment 4.

4.13.2 Bayview Cul-de-sac: Attachment 5.

4.13.3 Clarence Drive/Princes Drive: Attachment 6.

4.14 Council has received a request to install no-stopping lines on Ara o Ngati Koata. When vehicles are parked on Ara o Ngati Koata near the intersection of Tuia Lane, vehicles exiting the lane have to travel on the wrong side of the road. Feedback was received from one resident supporting the no stopping lines but also requesting an additional on-street parking bay be installed. Lack of parking is a common complaint for many new slow speed designed local roads, especially during the house building stage when there are lots of tradespeople. This subdivision is relatively new and designed and consented according to the current Nelson Tasman Land Development Manual. Any change to the street design needs to be checked to make sure it doesn’t compromise any specific speed control design elements or effects to existing vehicle entrances. In addition, to install a new parking bay would be a considerable cost as it involves changes in kerb and channel, removal of green vegetation and additional pavement work. As such officers do not support creation of an additional parking bay and recommend installation of no stopping lines as shown in Attachment 7.

4.15 Council has received a request to install no-stopping lines at the intersection of Kingsford Drive and Saxton Road East. Recently, no-stopping lines were installed around the intersection of Covent Drive and Saxton Road East. The same treatment has been requested for Kingsford Drive. The area is heavily parked on sports days due to its proximity to Saxton stadium and parked cars limit the sight lines of vehicles exiting Kingsford Drive. A letter box drop was carried out, but no feedback has been received. Officers recommend installation of no stopping lines as shown in Attachment 8.

4.16 Council has received a request to install no-stopping lines at the intersection of Lemari Avenue and Main Road Stoke. Parked cars at the entrance to Lemari Avenue can reduce the access way to one lane. This is forcing vehicles on to the wrong side of the road. A letter box drop was carried out, but no feedback was received. Officers recommend installation of no stopping lines as shown in Attachment 9.

4.17 Following complaints in the past, Council has sought feedback from Athol Street residents regarding parking and the installation of no-stopping. As a result, white painted limit lines (parking ticks) were installed to guide appropriate parking. However, ongoing complaints suggests low compliance with this parking guidance and access to private driveways remains a challenge. Council has subsequently reconsulted on installing yellow lines as a very visual reminder not to park too close to private driveways. Feedback received from the one resident whose driveway is most often compromised by inconsiderate parking is that they wish to see the yellow lines extended further across the driveway enabling them to make an easier left-hand turn into the driveway. No other feedback was received. It is not general council practice to mark no stopping lines across private driveways and officers recommend installation of no stopping lines as shown in Attachment 10.

4.18 Council has received a request from some residents of Main Road Stoke asking for carparking be further set back from the entrance to the Right Of Way (ROW) serving their houses. This request arises from concern that since the development of high-density housing nearby parking has increased and resulted in poor visibility for users exiting the ROW. The extent of extension of proposed no stopping lines is shown in Attachment 11. A letterbox drop was carried out and one resident responded in support.

4.19 Following feedback and discussions with residents, and assessment by a qualified road safety engineer safety improvements have been installed at the Stanley Crescent /Beachville Crescent intersection. This includes sections of No Stopping as shown in Attachment 16.

Vehicle and Road Use

4.20 The Council may by resolution prescribe for vehicles, or any class or classes of traffic or vehicle, to stop or give way to any vehicle or a specified class or classes of traffic or vehicle.

4.21 Following the construction and vesting of new roads through the subdivision process, officers recommend adding Give Way Controls for the following intersections to the bylaw schedules;

4.21.1 Oakhill Lane at Ngati Rarua Street and Ara o Te Atiawa.

4.21.2 Golden Elm Rise at Toi Toi Street.

4.21.3 Quail Rise at Marsden Valley Road and Homestead Avenue at Marsden Valley Road.

4.21.4 Bay View Road/Ocean Drive Roundabout.

4.22 Following the construction of a new entrance to the commercial premise of Bunnings on Main Road Stoke a stop sign has been installed on road reserve and requires adding to the bylaw schedules as shown in Attachment 15.

4.23 As mentioned in item 4.19, safety improvements have been installed at the Stanley Crescent/Beachville Crescent intersection. The new layout, including a Give Way control, which requires inclusion in the bylaw schedules, is shown in Attachment 16.

5. Options

5.1 The Hearing Panel may choose to approve/ amend /not approve the proposed change set out item 4.1 – 4.11 of the report in relation to reserved Wakatu Square carpooling.

5.2 Officers recommend Option 1, to remove the reserved 26 carparks in Wakatu Square without replacement.

Option 1: Removal of the 26 reserved carpooling carparks, without replacement
Advantages	· No loss of income if carparks are relocated within paid parking area. · No loss of carparking space for other all-day parkers to utilise. · Restricts potential for observed abuse of the scheme.
Risks and Disadvantages	· Ignores feedback from 17 respondents requesting reserved carparks are retained or replaced exclusively for car-poolers. · Removes incentive to carpool due to lack of spaces available.
Option 2: Replace all or some of the 26 reserved carparks on Haven Road or Wakatu Square
Advantages	· Acknowledges and accommodates requests from 17 respondents to retain or replace reserved carparks exclusively for car-poolers. · Maintains some supply of spaces to encourage carpooling.
Risks and Disadvantages	· Displacement of other all day car park users · Does not recognise concerns raised by submitters regarding security. · Loss of income if carparks are relocated within paid parking area. · Allows for continuation of observed abuse of the scheme.

5.3 The Hearing Panel may choose to approve/ amend /not approve the proposed changes set out in items 4.12 – 4.23 of the report shown in attachments 2-16.

5.4 Officers recommend Option 1, to adopt the proposed changes as officers recommend in Report 28628 and shown in attachments 2-16.

Option 1: Adopt the proposed changes as officers recommend in Report 28628 items 4.12 – 4.23
Advantages	· Changes to Schedules are designed to improve safety and efficiency.
Risks and Disadvantages	· Minor loss of someone street parking.
Option 2: Do not adopt the proposed changes as officers recommend in Report 28628 items 4.12 – 4.23
Advantages	· There are no identified advantages.
Risks and Disadvantages	· Failure to approve changes will result in the continued unsafe and inefficient use of the roading network.

Attachments

Attachment 1: 1355221503-21214 Carpooling invitation for feedback ⇩

Attachment 2: 1355221503-21309 Toi Toi - St Vincent Street Roundabout No Stopping ⇩

Attachment 3: 1862260321-70885 Reinstatement of carparks on Toi Toi Street ⇩

Attachment 4: 340448201-6379 Canary Place ⇩

Attachment 5: 340448201-6375 Bayview Culdersac ⇩

Attachment 6: 340448201-6377 Princes Drive - Clarence Drive Roundabout ⇩

Attachment 7: 1355221503-20833 Ara o Ngati Koata/ Tuia Lane ⇩

Attachment 8: 1355221503-20837 Kingsford Drive No Stopping ⇩

Attachment 9: 1355221503-20841 Lemari Avenue No Stopping ⇩

Attachment 10: 1355221503-20865 Athol Street ⇩

Attachment 11: 1355221503-21495 Main Road Stoke ⇩

Attachment 12: 340448201-6378 Golden Elm Rise Give Way ⇩

Attachment 13: 340448201-6380 Marsden Valley Road - Give Ways at Quail Rise and Homestead Avenue ⇩

Attachment 14: 340448201-6376 Bay View - Ocean Drive Roundabout ⇩

Attachment 15: 1355221503-27162 Bunnings Stop Sign at Main Road Stoke ⇩

Attachment 16: 340448201-6385 Beachville - Stanley Crescent intersection ⇩

Important considerations for decision making

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.

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 Traffic and Parking Bylaw and with Council’s strategic direction through the Regional Land Transport Strategy and Regional Public Transport Plan.

Risk

This is a low-risk decision as feedback has been sought from those affected by proposed changes.

Financial impact

Costs are within allocated budgets for roading improvements.

Degree of significance and level of engagement

This matter is of low significance. Businesses and residents that could be affected, have been consulted with their views considered.

Climate Impact

Removal of carpooling reserved carparking could be seen as being inconsistent with climate action goals. However it is apparent that the carpooling scheme is in need of review to avoid abuse and this review is planned for the next year.

Inclusion of Māori in the decision making process

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

Legal context

This Bylaw was made pursuant to section 22AB of the Land Transport Act 1998.

The Council will review this Bylaw as and when it considers necessary. The bylaw review requirements in the Local Government Act 2002 do not apply to this Bylaw because it is not made under that Act.

Delegations

The Hearings Panel has the following delegations to consider changes to the Traffic and Parking Bylaw.

Powers to Decide:

• The power to make changes to the schedules to the Traffic and Parking Bylaw.