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Hearing Panel
Te Rōpū Rongonga
Agenda | Rārangi take
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Date:
Time:
Location:
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28 November 2024
9.00a.m.
Council Chamber, Floor 2A, Civic House, 110 Trafalgar
Street, Nelson
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Chairperson
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Cr Matty Anderson
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Members
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Cr Kahu Paki Paki
Cr Rachel Sanson
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Nelson City Council Disclaimer
Please note that the contents of these
Council and Committee agendas have yet to be considered by Council and staff
recommendations may be altered or changed by the Council in the process of
making the formal Council decision. For enquiries call (03) 5460436.
Hearing Panel Delegations
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
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.
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.
Item 6: Traffic and
Parking Bylaw Updates
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Hearing Panel
28 November 2024
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Report
Title: Traffic
and Parking Bylaw Updates
Report
Author: Gina Persico - Safe
and Sustainable Transport Adviser
Report
Authoriser: Alec Louverdis - Deputy Chief Executive / Group
Manager Infrastructure
Report
Number: R28892
1. Purpose
of Report
1.1 To approve proposed
updates of the Traffic and Parking Bylaw (2023) to give effect to minor safety
improvements, parking layout changes and project and subdivision upgrades.
2. Recommendation
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That the
Hearing Panel
1. Receives the report Traffic and Parking
Bylaw Updates (R28892) and its Attachments; and
2. Approves restricting parking on certain
roads as described in Report 28892 items 4.1 - 4.3 and shown in the
accompanying Attachments; and
3. Approves time restricted parking as
described in Report 28892 4.4 – 4.5 and shown in the accompanying
attachments; and
4. Approves relocation of EV chargers as
described in Report 28892 item 4.6 and shown in the accompanying attachment;
and
5. Approves traffic control devices required
by RM245149, described in Report 28892 item 4.7 and shown in accompanying
attachment.
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3. Background
3.1 The Traffic and
Parking Bylaw (2023) allows the Council, in accordance with part two of the
bylaw, to make resolutions regarding the operation of Councils roading
corridors. The Council has delegated this power to the Hearings Panel and this
process ensures the Bylaw is enforceable. Therefore, it is important all
changes approved by the Hearing Panel are updated and accurate in Councils
schedules and public facing mapping system.
3.2 Proposed changes in
section four have been sent to affected residents for feedback and made
available to the public, as per clause 10 of the Traffic and Parking Bylaw
(2023). Officers have considered all feedback and have included an officer
recommendation on each proposal.
3.3 The plans included in
this report showing proposed changes are for indicative purposes only. The
included plans are to assist the Panel to understand the nature of the changes
proposed. Any approved changes will be accurately updated within the existing traffic
restrictions schedules and on the public facing mapping system (which is
currently under development).
4. Discussion
Prohibiting or Restricting
Parking on Certain Roads.
4.1 McMahon Street
– Proposed No Stopping
4.1.1 Council was approached by residents
requesting the installation of yellow no stopping lines on McMahon Street.
Vehicles are parking between driveways and restricting the sight lines of
residents entering and exiting their properties as shown in attachment 1.
4.1.2 The space between kerb cutdowns is
4.7m and parked vehicles must legally be parked 1m away from a kerb cutdown.
The installation of proposed yellow no stopping lines does not remove any legal
on-street parking.
4.1.3 Affected residents were asked for
feedback and no feedback was received.
4.1.4 Officers support the installation of
the proposed yellow no stopping lines.
4.2 Quarantine Road -
Proposed No Stopping
4.2.1 Council has received multiple requests
for yellow no stopping lines to be installed on Quarantine Road, outside 12 and
20 Quarantine Road as shown in attachment 2.
4.2.2 This area of Quarantine Road is
extensively parked and parked vehicles restrict the sight lines of vehicles
exiting these commercial properties.
4.2.3 The proposed yellow no stopping lines
would see a removal of 3 carparks, as shown on attachment 2. A single carpark
has already been removed as part of the recently completed Quarantine Road foot
bridge project.
4.2.4 Feedback was sought from affected
residents and businesses and two responses were received, both in support of
the proposed changes.
4.2.5 Officers support the installation of
the proposed yellow no stopping lines.
4.3 Hampden Street
– Proposed No Stopping
4.3.1 Council received a request from school
bus operators to install further yellow no stopping lines on Hampden Street to
the East of Nelson College’s exit as shown in attachment 3.
4.3.2 School buses exiting Nelson College
are having difficulty navigating the right hand turn on to Hampden Street, as
parked vehicles (often illegally parked on existing yellow lines or over
driveways) are narrowing the lane and making the manoeuvre unsafe for the bus
and other road users. Proposed no stopping would remove two on-street carparks.
4.3.3 Feedback was sought from affected
schools and residents. One response did not support the proposed change due to
the removal of parking in an area with a very high parking demand. Three
responses were in support as vehicles park too close or over driveways.
4.3.4 Officers recognise that installing
further yellow lines will not prevent drivers from parking illegally, however,
they would be enforceable by Council’s Regulatory Team.
4.3.5 Officers support the installation of
the proposed yellow no stopping lines.
Time Restricted Parking
4.4 Wakatu Square Carpark – Proposed
Change to Time Restricted Parking
4.4.1 Council received a request to increase the number of P60 carparks
available to the public to increase turnover in Wakatu Square Carpark.
4.4.2 The proposed change would see 20 of the 120 all-day carparks be
re-allocated to P60 parks. The 20 proposed carparks to become P60 would be the
20 carparks currently identified for self-contained Freedom Camping. The
proposed change would not affect the availability for self-contained Freedom
Campers overnight as shown in attachment 5.
4.4.3 Feedback was sought from all residents and businesses in Wakatu Square
and those adjacent on Bridge Street. Feedback is due to close Monday 25
November and will be tabled at the Hearing.
4.4.4 Officers support the proposal to change 20
all-day carparks to P60 time restricted carparks in Wakatu Square.
4.5 Haven Road – Proposed Time
Restricted Parking
4.5.1 Council received a request to install time restricted parking on Haven
Road outside Auckland Point School. Haven Road is a busy arterial route with
very limited on street parking available and the Auckland Point School campus
has two additional education providers (Auckland Point Kindergarten and the
Teen Parent Unit). Five carparks south of the pedestrian crossing would be P2
between 8.30-9.00am and 2.30-3.00pm Monday – Friday, as shown in attachment
6.
4.5.2 Installing time restricted P2 parks between 8.30-9.00am and 2.30-3.00pm
on school days would allow parents, caregivers and whanau to drop students off
quickly and safely and encourage turnover. This approach is consistent with
current time restrictions outside other schools. The proposed change would
still leave the carparks to the North of the pedestrian crossing for those
needing long stays to go into the school grounds.
4.5.3 The time restriction would be enforceable during peak pickup and drop
off times on weekdays ensuring that parking would be available for events and
weekends for visitors to the Trafalgar Centre and Rutherford Park.
4.5.4 Feedback was sought from effected residents. All feedback received is in
support of the proposed changes.
4.5.5 Officers support the proposed P2 time restricted carparks on Haven Road.
4.6 Buxton Square Carpark – Proposed
Relocation of EV Chargers
4.6.1 Electric Vehicle (EV) chargers were installed in Millers Acre Carpark
following Council’s adoption of the Climate Action Plan in 2017. Their
purpose being to support the uptake of EVs in Nelson.
4.6.2 Council have also approved the development of a Bus Interchange in
Millers Acre carpark. Currently, Network Tasman provide two charging points and
carparks available for EVs in Millers Acre carpark. The future Bus Interchange
will not include access for public vehicles and therefore the EV chargers will
need to be relocated.
4.6.3 Buxton Square Carpark has been identified as the preferred location for
the two reserved carparks. The relocated EV charging carparks will have a P30
time restriction, in adherence with previous approved carparks. Proposed
changes are shown on attachment 7.
4.6.4 Relocating the EV chargers to Buxton Square Carpark, as shown in
attachment 7, is allowed for under the following bylaw provisions:
4.6.4.1 Other Reserved Parking – Council may by
resolution reserve any parking space or other area in a road, parking place or
transport station for the exclusive use of a particular class or classes of
vehicle.
4.6.4.2 Time Restricted Parking – Council may by
resolution specify any road (or group of roads), parking place or transport
station to be a time restricted parking zone.
4.6.5 Normal parking fees and regulations will still apply to vehicles using
the charging stations and any additional fees incurred by the charging station.
4.6.6 Network Tasman will be financially responsible for the removal of EV
chargers in Millers Acre Carpark and reinstating them in the proposed location
in Buxton Square Carpark.
4.6.7 Businesses and occupants of Buxton Square have been asked for feedback
and was still being sought at time of reporting. All received feedback will be
tabled at the Hearing.
4.6.8 Officers support the proposed relocation of EV chargers to Buxton
Square.
4.7 Franklyn Street
4.7.1 The bylaw schedules require updating to reflect work undertaken by the
developers of 102 Franklyn Street, to give effect to conditions specified in
the approved resource consent (RM245149).
4.7.2 The access to the property uses a section of paper road and therefore
any traffic control devices need to be accurately recorded in the Bylaw.
4.7.3 The resource consent requires the developer of 102 Franklyn Street to
formalise the intersection of the private access with Franklyn Street and
Braemar Place, as shown in attachment 8. This requires the installation of:
4.7.3.1 Give Way Limit Line markings, Give
Way Sign and installation of reflectorised white give way triangle symbol,
located no more than 20m from limit line.
4.7.3.2 No-Stopping Lines over
approximately 20m.
4.7.4 During the resource consent process affected residents were asked for
feedback. All feedback received was in support of the proposed changes.
4.7.5 This work has been completed in line with the consent and the schedules
need to reflect this work.
5. Options
5.1 The
Hearing Panel may choose to amend/not approve the proposed changes to schedules
in the Traffic and Parking Bylaw (2023) set out in R28892.
5.1.1 Officers
recommend Option 1, to adopt the proposed changes as per officer recommendation
in 4.1 – 4.3.
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Advantages
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· Proposed
changes are designed to improve safety and efficiency.
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Risks and Disadvantages
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· Minor
or perceived loss of on-street parking.
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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 will result in the continued unsafe and inefficient use of
the roading network.
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5.2 The
Hearing Panel may choose to approve/amend/not approve the proposed changes to
schedules in the Traffic and Parking Bylaw (2023) set out in R28892.
5.2.1 Officers
recommend Option 1, to adopt proposed changes as per officer recommendation for
4.4 – 4.5.
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Advantages
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· Proposed
changes are designed to improve efficiency and use of current carparking.
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Risks and Disadvantages
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· Minor
or perceived loss of some all-day parking.
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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 will result in the continued unsafe and inefficient use of
the roading network.
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5.3 The
Hearing Panel may choose to approve/amend/not approve the proposed changes to
schedules in the Traffic and Parking Bylaw (2023) set out in R28892.
5.3.1 Officers
recommend Option 1, to adopt proposed changes as per officer recommendation for
4.6.
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Advantages
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· Adhering
to Council’s Climate Action Plan to support the use of Electric
Vehicles.
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Risks and Disadvantages
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· Minor
or perceived loss of on-street parking.
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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 will result in the reduction of public EV chargers in the
inner city and Council adhering to its Climate Action Plan.
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5.4 The
Hearing Panel may choose to approve/amend/not approve the proposed changes to
schedules in the Traffic and Parking Bylaw (2023) set out in R28892.
5.4.1 Officers
recommend Option 1, to adopt proposed changes outlined in 4.7, as per Resource
Consent RM245149.
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Advantages
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· Proposed
changes are designed to improve safety and efficiency.
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Risks and Disadvantages
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· Minor
or perceived loss of on-street parking.
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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 will result in the continued unsafe and inefficient use of
the roading network.
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Attachments
Attachment 1: McMahon
Street Proposed No Stopping ⇩
Attachment 2: Quarantine
Road Proposed No Stopping ⇩
Attachment 3: Hampden
Street Proposed No Stopping ⇩
Attachment 4: Buxton
Square Carpark Proposed EV Charging Parking ⇩
Attachment 5: Wakatu
Square Carpark Proposed Change in Time Restricted Parking ⇩
Attachment 6: Haven
Road Proposed Time Restricted Parking ⇩
Attachment 7: Franklyn
Street Proposed Layout Change ⇩
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Important considerations for decision making
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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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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.
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Risk
This is a low-risk decision as feedback has been
sought from those affected by proposed changes.
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Financial impact
Costs are within allocated budgets for roading
improvements.
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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.
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Climate Impact
Proceeding
with provision of the reserved carparks for car share schemes is consistent
with the Climate Action Plan adopted by Council on 17 November 2021. Which
included an action around encouraging the use of EVs in Nelson. The
availability of public EV chargers is considered an associated action.
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Inclusion of Māori in the
decision making process
No engagement with iwi has been undertaken in
preparing this report.
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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.
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Item 7: Temporary Road
Closure - NBS Nelson Santa Parade
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Hearing Panel
28 November 2024
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Report
Title: Temporary
Road Closure - NBS Nelson Santa Parade
Report
Author: Gillian Dancey -
Project Manager, Capital Projects
Report
Authoriser: Alec Louverdis - Deputy Chief Executive / Group
Manager Infrastructure
Report
Number: R28865
1. Purpose
of Report
1.1 To
approve or decline the temporary road closure application for the NBS Nelson
Santa Parade on Sunday 1 December 2024.
2. Recommendation
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That the
Hearing Panel
1. Receives
the report Temporary Road Closure - NBS Nelson Santa Parade (R28865) and its
Attachments; and
2. Approves
the Temporary Road Closures as per report R28865 for the NBS Nelson Santa
Parade on 1 December 2024.
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3. Background
3.1 These closures are for
events, and therefore fit the requirements of Schedule 10 Clause 11(e) of the
Local Government Act 1974 which come to the Hearings Panel for approval.
3.2 It is a requirement
that consultation with Waka Kotahi (New Zealand Transport Agency) 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
the State Highway or their assigned detour routes.
4. NBS Nelson Santa
Parade
4.1 Council officers
received an application on 30 September 2024 from Downer NZ Ltd to close the
following roads at the times listed below, and as shown in Attachment 1.
4.1.1 Montgomery Square Carpark and
entrances from 5.00am to 2.00pm Sunday 1 December 2024.
4.1.2 Hardy Street – between
Rutherford Street and Morrison Street, Church Street and Park Street from
8.30am to 4.00pm Sunday 1 December 2024.
4.1.3 Trafalgar Street between Hardy Street
to Grove Street and Hathaway Terrace including Trafalgar Park Lane, Trafalgar
Carpark, Bridge Street, Wakatu Lane, New Street and Halifax Street from 10.30am
to 4.00pm Sunday 1 December 2024.
4.1.4 Bridge Street at the intersection with
Trafalgar Street and Halifax Street at the intersection with Trafalgar Street
from 12.00pm to 3.00pm Sunday 1 December 2024.
4.2 The Santa Parade is an
annual event for the community to celebrate Christmas with a parade through the
City Centre. This is the same route used for the parade last year.
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 NZTA
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 the
Police has been undertaken and they have given 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 9 October 2024 to notify of the applicant’s intention to
close these roads and inviting feedback by 23 October 2024. The advertisement
was also placed on the Council website, and a hand delivered letter by the
applicant was delivered to directly affected businesses/residents (Attachment
2). No feedback from the public was received.
4.7 The
contingency date for this event is set for Sunday 15 December 2024. For
your information the closure for The Spectacle event ends at 4:00 pm on Sunday
15 December 2024. The closure is on Trafalgar Square West between
Trafalgar Square and Nile Street West. This does not impact or clash with The
NBS Nelson Santa Parade, but is worth consideration before approving.
4.8 Staff made contact
with the spokesperson for Hathaway Court to confirm they are happy with the
event proceeding. Feedback was that they were.
4.9 Evidence of public
liability insurance has been provided. Other consent requirements will be
managed by other teams within Council, if any.
4.10 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.
4.11 If approved, a minimum of 24
hours’ notice will be provided to affected businesses and residences.
4.12 In the event that this event gets
cancelled, the closures will not proceed, and this will be publicly notified.
5. Options
5.1 Council has two
options, either to approve or decline the temporary road closure application.
Officers recommend approving the temporary road closures for this event.
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Advantages
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· Allows for
the event to proceed as planned.
· Brings an
event for children into the City Centre.
· Public
Safety.
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Risks and Disadvantages
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· Some retail
activity may be affected by road closures.
· Risks of
overcrowding and problems for drivers on the roads.
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Advantages
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· No disruption
to roads and access to retailers.
· Some
retailers will feel heard regarding the concerns about access for shoppers.
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Risks and Disadvantages
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· Event
organisers will have to cancel, postpone, or move the event.
· A missed
opportunity to bring vibrancy into the City Centre.
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6. Next Steps
6.1 If the recommendations
are approved approval letters will be sent to the organisers of the event,
NCC’s website will be updated, and all Emergency Services and key
stakeholders will be emailed the update on the road closures.
Attachments
Attachment 1: MAP - 2024 NBS
Nelson Santa Parade ⇩
Attachment 2: Road
Closure - Letter Drop - NBS Nelson Santa Parade ⇩
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Important considerations for decision making
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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.
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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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Risk
If the temporary road closures are not approved, the
event is at risk of not going ahead.
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Financial impact
There is no financial impact for Council for these
road closures.
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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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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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Inclusion of Māori in the
decision making process
No engagement with Māori has been undertaken in
preparing this report.
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Delegations
The Hearing Panel 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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