Regulation and Consents Committee

Agenda

 

 

Notice of Meeting:

An ordinary meeting of the Regulation and Consents Committee will be held on:

 

Date:                                     Thursday 17 March 2016

Time:                                    9.00am

Venue:                                 Committee Room 1, Level 2, Civic Offices,
53 Hereford Street, Christchurch

 

 

Membership

Chairperson

Deputy Chairperson

Members

Councillor David East

Councillor Tim Scandrett

Councillor Ali Jones

Councillor Paul Lonsdale

Councillor Glenn Livingstone

 

 

10 March 2016

 

 

 

Principal Advisor

Peter Sparrow

General Manager Consenting & Compliance

Tel: 941 8462

 

Petrea Downey

Committee Advisor

941 8999

petrea.downey@ccc.govt.nz

www.ccc.govt.nz

Note:  The reports contained within this agenda are for consideration and should not be construed as Council policy unless and until adopted.  If you require further information relating to any reports, please contact the person named on the report.
To view copies of Agendas and Minutes, visit:
www.ccc.govt.nz/Council/meetingminutes/agendas/index

 


Regulation and Consents Committee

17 March 2016

 

Regulation and Consents Committee - Terms of Reference

 

 

Chair

Cr East

Membership

Cr Scandrett (Deputy Chair), Cr Jones, Cr Livingstone, Cr Lonsdale

Quorum

Half of the members if the number of members (including  vacancies) is even, or a majority of members if the number of members (including vacancies) is odd.

Meeting Cycle

To be separately considered

Reports To

Council

 

 

Responsibilities

·         Oversight of all matters relating to the Council’s planning and regulatory functions and the development of policies and strategies in relation to these functions, including:

­          Resource Management Act 1991

­          Building Act 2004 and the New Zealand Building Code

­          Bylaws

­          District Plan

­          Historic Places Act 1980

­          Other regulatory matters

·         Monitoring earthquake recovery related to the committees specified activities

·         Considering recommendations from Council’s Subcommittees, Community Boards, the public, stakeholders and providers in relation to regulation, consents and submissions

·         Making decisions with regard for the requirements of Sections 76 – 81 of the Local Government Act 2002 where it has the delegated authority from Council to do so, or recommendations to Council where a Council decision is required

·         Reviewing, as appropriate, and making recommendations to Council on all long term plan activities related to committee activities

·         Approval and monitoring of Council’s list of hearings commissioners under the Resource Management Act 1991

 

 

Long Term Plan Activities

·         licensing and enforcement

·         land and property information services

·         building consents and inspections (including the IANZ Building Accreditation)

·         customer and business services

·         resource consents

·         district plan

·         bylaws and regulations

 

 

Delegations

Nil.

 


Regulation and Consents Committee

17 March 2016

 

Part A        Matters Requiring a Council Decision

Part B         Reports for Information

Part C         Decisions Under Delegation

 

 

TABLE OF CONTENTS

 

C          1.       Apologies.......................................................................................................................... 4

B          2.       Declarations of Interest................................................................................................... 4

C          3.       Confirmation of Previous Minutes................................................................................. 4

B          4.       Deputations by Appointment........................................................................................ 4

B          5.       Presentation of Petitions................................................................................................ 4

B       6.       Resource Consents Monthly Report - February 2016................................................... 9

B       7.       Update of the Building Consenting Unit..................................................................... 19

B       8.       Regulatory Compliance Activity................................................................................... 25   

 

 


Regulation and Consents Committee

17 March 2016

 

 

1.   Apologies

At the close of the agenda no apologies had been received.

2.   Declarations of Interest

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as an elected representative and any private or other external interest they might have.

3.   Confirmation of Previous Minutes

That the minutes of the Regulation and Consents Committee meeting held on Thursday, 18 February 2016 be confirmed (refer page 5).

4.   Deputations by Appointment

There were no deputations by appointment at the time the agenda was prepared. 

5.   Presentation of Petitions

There were no petitions received at the time the agenda was prepared.  


Regulation and Consents Committee

17 March 2016

 

 

 

Regulation and Consents Committee

Open Minutes

 

 

Date:                                     Thursday 18 February 2016

Time:                                    9.00am

Venue:                                 Committee Room 1, Level 2, Civic Offices,
53 Hereford Street, Christchurch

 

 

Present

Chairperson

Deputy Chairperson

Members

Councillor David East

Councillor Tim Scandrett

Councillor Ali Jones

Councillor Glenn Livingstone

Councillor Paul Lonsdale

 

 

16 February 2016

 

 

 

Principal Advisor

Peter Sparrow

General Manager Consenting & Compliance

Tel: 941 8462

 

Petrea Downey

Committee Advisor

941 8999

petrea.downey@ccc.govt.nz

www.ccc.govt.nz

To view copies of Agendas and Minutes, visit:
www.ccc.govt.nz/Council/meetingminutes/agendas/index

 

Part A        Matters Requiring a Council Decision

Part B         Reports for Information

Part C         Decisions Under Delegation

 

 

 

The agenda was dealt with in the following order.

 

1.   Apologies

 

Part C

An apology for lateness was received and accepted from Councillor Jones.

 

Committee Resolved RCCM/2016/00001

It was resolved on the motion of Councillor East, seconded by Councillor Livingstone that the apology for lateness from Councillor Jones be accepted.

Councillor East/Councillor Livingstone                                                                                                                Carried

 

2.   Declarations of Interest

Part B

There were no declarations of interest recorded.

 

3.   Confirmation of Previous Minutes

Part C

Committee Decision under Delegation

That January 2016 meeting of the Regulation and Consents Committee was cancelled, there are no minutes to confirm.

4.   Deputations by Appointment

Part B

There were no Deputations by Appointment.

 

5.   Presentation of Petitions

Part B

There was no Presentation of Petitions.


 

 

6.   Resource Consents Monthly Report - December 2015 / January 2016

 

Staff Recommendation

1.         That the information in this report be received.

 

Committee Resolved RCCM/2016/00002

Report for Information

Part B

1.         That the information in this report be received.

Councillor Lonsdale/Councillor Scandrett                                                                                                          Carried

 

 

Councillor Jones arrived 9.50am.

Councillor Scandrett left the meeting at 9:56am.

Councillor Scandrett returned to the meeting at 10:04am.

7.   Regulatory Compliance Activity

 

Staff Recommendation

That the Regulation and Consents Committee:

1.         Receive the information in the Regulatory Compliance Activity report.

 

Committee Resolved RCCM/2016/00003

Report for Information

Part B

That the Regulation and Consents Committee:

1.         Receive the information in the Regulatory Compliance Activity report.

Councillor Scandrett/Councillor Livingstone                                                                                                     Carried

 

 

8.   Update of the Building Consenting Unit

 

Staff Recommendation

That the Regulation and Consents Committee note the content of this report.

 

Committee Resolved RCCM/2016/00004

Report for Information

Part B

That the Regulation and Consents Committee note the content of this report.

Councillor East/Councillor Jones                                                                                                                           Carried

 

The meeting adjourned at 10.32am and resumed at 10.45am.

 

Councillor Scandrett left the meeting at 10:32am.

Councillor Scandrett returned to the meeting at 10:51am.

 

Councillor Jones left the meeting at 11:07am.

Councillor Jones returned to the meeting at 11:10am.

 

Councillor Lonsdale left the meeting at 11:35am.

Councillor Lonsdale returned to the meeting at 11:38am.

 

9.   Regulatory Compliance Unit Annual Report 2014/15

 

Staff Recommendation

That the Regulation and Consents Committee:

1.         Receive the information in the Regulatory Compliance Unit's Annual report for 2014/15.

 

Committee Resolved RCCM/2016/00005

Report for Information

Part B

1.         That the Regulation and Consents Committee receive the information in the Regulatory Compliance Unit's Annual report for 2014/15.

Councillor Scandrett/Councillor Lonsdale                                                                                                          Carried

 

 

 

   

Meeting concluded at 11.46am.

 

CONFIRMED THIS 17th DAY OF MARCH 2016

 

Councillor David East

Chairperson

   


Regulation and Consents Committee

17 March 2016

 

 

6         Resource Consents Monthly Report - February 2016

Reference:

16/202605

Contact:

John Higgins

john.higgins@ccc.govt.nz

941 8224

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is to provide a monthly update to the Regulation and Consents Committee with respect to the delivery of resource consent functions.  This report covers activity for the month of February 2016.

2.   Application Numbers

2.1       The number of resource management applications received during February increased following the reduction over the Christmas/New Year period. 249 resource consent and temporary accommodation applications were received in February, compared to 194 in January. 

2.2       The number of resource consents issued also increased, from 166 in January to 227 in February. This is the same number of consents issued in February 2015.

2.3       Six consents issued were within the Central City.

2.4       Seven temporary accommodation approvals were issued. This is an increase on previous months and likely to be related to the upcoming expiry of the temporary accommodation legislation on 18 April.

 

3.   Recommendation

1.         That the information in this report be received by the Regulation and Consents Committee.

 

 

4.   Performance

4.1       100% of subdivision applications and 99% of land use consent applications were processed within the statutory timeframe in February. Two complex non-notified land use consents and one notified land use consent exceeded the statutory timeframe.

4.2       No requests for further information (RFI’s) were made for 55% of applications.

5.   Key Applications

5.1       The following applications were approved:

·        Construction of a rock bund at Shag Rock Reserve. 

·        Repairs to the Trinity Church and Shands Emporium heritage buildings.

·        Rebuild of the Oxford Terrace Baptist Church at 288 Oxford Terrace.

·        Mixed use development comprising ground floor retail and 62 residential units at 48-52 Peterborough Street.

·        Replacement of the Bishopdale Community Centre and Library.

·        Outline Plan for the establishment of a new school (South Hornby Primary School) on the former Branston Intermediate School site at 35 Amyes Street.

·        Outline Plan for the realignment of Waterloo Road and Pound Road. 

5.2       Applications submitted and currently being processed that may be of interest include:

·    Replacement of the Sumner Library.

·    Extension of the Belfast Cemetery. 

 

6.   Customer Feedback

6.1       Below are verbatim comments received from customers via survey responses in February:

·   Thank you for the quick processing and prompt response.

·   My client and I were pleased with the effort X put in throughout this resource consent process. This means a lot to my client as they're currently living elsewhere due to damages caused by the Canterbury earthquake events. On behalf of my client, I would like to thank X for her effort and prompt actions in keeping us updated throughout the resource consent process. 

7.   Other

7.1       Connect, the replacement computer software system for GEMs, is currently being configured.   It is anticipated to now be completed in June 2016.

7.2       The John Duthie review of resource consent functions is completed.   An action plan has been developed and continues to be implemented.

7.3       A review of delegations relating to making decisions on resource consent applications.   A report paper went to the Council meeting in January but was left to lie on the table.

7.4       Decisions relating to chapters of the Replacement District Plan continue to be release.  In 2016 so far, the residential, transport (part II), subdivisions, and commercial chapters have been released.

 

Attachments

No.

Title

Page

a  

Resource Consents Monthly Report - February 2016

11

 

 

Confirmation of Statutory Compliance

Compliance with Statutory Decision-making Requirements (ss 76 - 81 Local Government Act 2002).

(a) This report contains:

(i)    sufficient information about all reasonably practicable options identified and assessed in terms of their advantages and disadvantages; and

(ii)   adequate consideration of the views and preferences of affected and interested persons bearing in mind any proposed or previous community engagement.

(b) The information reflects the level of significance of the matters covered by the report, as determined in accordance with the Council's significance and engagement policy.

 

Signatories

Author

John Higgins

Head of Resource Consents

Approved By

Peter Sparrow

General Manager Consenting & Compliance

  


Regulation and Consents Committee

17 March 2016

 

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Regulation and Consents Committee

17 March 2016

 

 

7         Update of the Building Consenting Unit

Reference:

16/207440

Contact:

Leonie Rae

leonie.rae@ccc.govt.nz

941 8345

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is to provide the Regulation and Consents Committee with the February 2016 update of the Building Consenting Unit of the Consenting and Compliance Group.

 

2.   Staff Recommendations

1.         That the Regulation and Consents Committee note the content of this report.

 

3.   Update of the Building Control and City Rebuild Group

February in Review

3.1       Residential consenting continues to be busy although there has been a drop in the number of Residential Building Consents from February 2015 (712/559).  The team continues to be performing well with 97.1% issued within the 19 day timeframe.  Inspections are well within the 3 day requirement with many inspections on a next day booking.  Code Compliance issued 94.8% of their certificates within 19 days.

3.2       Commercial activity saw an increase in the number of Building Consents granted in the last quarter of 2015.  There was a 34% increase in November from the same month in 2014.  2016 has started with the same trend continuing in February with 30% more consents granted compared with February 2015.   The commercial team has good resource planning in place to move some of the residential Building Consent Officers, Inspectors and Code Compliance auditors to a higher competency to manage the increased workload.

Building Consents and Dashboard

3.3       In February 2016 the group processed 659 Building Consents (559 Residential and 100 Commercial).  The percentage of building consents processed within 20 working days for February 2016 was 97.2%. 

3.4       Please see attachment A for the February 2016 dashboard. 

External Processing of Consents

3.5       External contractors processed 219 consents in February 2016.    The number of consents being outsourced to external contactors was higher than expected due to a large number of Residential Consent applications that came in on the week of Christmas.  Performance of External Contractors was down a little in February at 94% within 20 working days.  There were a number of factors that contributed to this result.  Many of the Building Consents received were already on high days (i.e. allocated at upwards of 10 days) due to a process and communication mix up that has now been resolved.  Wellington City Council also had a spike in the number of Building Consents they received the week of Christmas so they could not take many of our Consents.  Staff leave was planned based on average numbers from previous years, not on the large number of Building Consents received late December.

3.6       External contractors did meet their 10 day turnaround which is not reflected in the final month's performance for the reasons mentioned above.

Inspections and Scheduling 

3.7       In February 2016 4959 building inspections were completed.  The Inspections Scheduling Team answered on average 188 calls and made 175 inspection bookings per day.  The current inspection days-out timeframe is approximately 2 working days for residential and 1 working days for commercial inspections.  There is enough resource to be able to meet 85% of requested inspections within 3 working days.

Code Compliance Certificates

3.8       505 Code Compliance Certificates were processed in February 2016 (59 commercial and 446 residential) which is similar to the number processed at the same time last year.   94.8% of the certificates were processed within 20 working days with the Commercial team achieving 100%.  Workflow in this area continues to be monitored as numbers are expected to decline for the residential sector. Those staff working on residential Code Compliance Certificates who are interested in commercial work will be trained to cover all complexities providing a more agile workforce as numbers move.

Commercial Activity

3.9       The Commercial building consent activity figures for the last six months are in the following chart:

Continuous Improvement

3.10    There are no updates to report.  Programme Governance Group will recommence in March 2016 and prioritisation of projects is to be established.

Financial Implications

3.11    Revenue and costs are on target for the financial year. 

 

 

Attachments

No.

Title

Page

a  

February 2016 Dashboard

22

 

 

Confirmation of Statutory Compliance

Compliance with Statutory Decision-making Requirements (ss 76 - 81 Local Government Act 2002).

(a) This report contains:

(i)    sufficient information about all reasonably practicable options identified and assessed in terms of their advantages and disadvantages; and

(ii)   adequate consideration of the views and preferences of affected and interested persons bearing in mind any proposed or previous community engagement.

(b) The information reflects the level of significance of the matters covered by the report, as determined in accordance with the Council's significance and engagement policy.

 

Signatories

Author

Leonie Rae

Head of Building Consenting

Approved By

Michael Day

Peter Sparrow

Head of Business Partnerships

General Manager Consenting & Compliance

  


Regulation and Consents Committee

17 March 2016

 

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Regulation and Consents Committee

17 March 2016

 

 

8         Regulatory Compliance Activity

Reference:

16/210840

Contact:

Fiona Proudfoot

Fiona.proudfoot@ccc.govt.nz

941 8999

 

 

1.   Purpose of Report

1.1.        This report is to provide the Regulation and Consents Committee with an activity and volume summary report associated with the delivery of regulatory compliance functions pertaining to resource and building consenting activities.

1.2.        The report covers activity for the months of January and February 2016.

 

2.   Staff Recommendations

1.         That the Regulation and Consents Committee receive the information in the Regulatory Compliance Activity report.

 

3.   Key Points

3.1       In January and February 2016 the Unit provided professional advice relating to 74 resource consent and 74 building consent applications and conducted investigations into 1398 complaints associated with Building Act, Resource Management Act, Local Government Act and Bylaw breaches. Please see Appendix 1 for a full breakdown of the compliance activity related to the Building Act and Resource Management Act.

3.2       Appendix 2 provides a breakdown of complaints by customer service request by type.  When complaints have necessitated escalated compliance action (specifically relating to the Building and Resource Management Acts) outcomes have been summarised in section 4.1 - 4.2 and 5.1 ‑ 5.2 below respectively.

4.   Building Act Compliance Summary

4.1       During the month of January, 33 complaints were received pertaining to building works alleged to have been conducted without the appropriate consent. 11 of those investigations have been completed, 22 are ongoing.  These investigations have resulted in the issue of 5 notices to fix and 7 infringement notices.

4.2       For the month of February, 110 complaint investigations were received where building works were alleged to have been conducted without the appropriate consent. 26 of those investigations have been completed, 81 are ongoing. These investigations have resulted in the issue of 25 notices to fix and 16 infringement notices.

4.3       At the time of producing this report the data associated with the number of swimming pools inspected is unfortunately unavailable, this information will be tabled at the meeting.

5.   Resource Management Act Compliance Summary

5.1       During the month of January, 13 investigations were conducted into an alleged breach of the Resource Management Act, where no consent was in existence.  Of those investigations 5 were completed, 8 were ongoing.  Three infringement notices were issued for breaches of City Plan rules.

5.2       During the month of February, 12 investigations were conducted into an alleged breach of the Resource Management Act, where no consent was in existence.  Of those investigations 3 were completed, nine were ongoing. Four infringement notices were issued for breaches of City Plan rules and 2 abatement notices were placed preventing a continuation of the activity.

5.3       During the months of January and February 55 and 45 consents respectively were forwarded to the Compliance and Investigations Team 1 for monitoring.

6.   Key Investigations/Monitoring of Interest

6.1       The Compliance and Investigations Team received a complaint alleging dangerous buildings on New Regent Street following the 14 February 2016 earthquake. An investigation resulted in a request for a new engineering review to be undertaken which resulted in classifying the buildings as dangerous. The Consenting and Compliance Group then worked together to manage the situation and to ensure an appropriate outcome for both the public and other business owners.

6.2       Complaints pertaining to Freedom Camping remained high, with 97 customer service requests being received over January and February.

6.3       In December 2015 the Courts accepted a guilty plea from a Building Company who the Compliance & Investigations Team prosecuted under s.369 of the Building Act (Making a False or Misleading Statement). In January 2016 the Compliance & Investigations Team and staff from the Building Consenting Unit presented evidence at an MBIE Building Practitioners Board hearing regarding the Licenced Building Practitioner status of the Company Director. MBIE found in Councils' favour, but have yet to issue their final sanction.

 

Attachments

No.

Title

Page

a  

Appendix 1

27

b  

Appendix 2

28

 

 

Signatories

Author

Fiona Proudfoot

Manager Licensing & Compliance

Approved By

Tracey Weston

Peter Sparrow

Head of Regulatory Compliance

General Manager Consenting & Compliance

  


Regulation and Consents Committee

17 March 2016

 

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Regulation and Consents Committee

17 March 2016

 

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