Hearings Panel

Agenda

 

 

Notice of Meeting:

A Hearings Panel meeting will be held on:

 

Date:                                     Thursday 15 February 2018

Time:                                    9am

Venue:                                 Council Chambers, Level 2, Civic Offices,
53 Hereford Street, Christchurch

 

 

Panel

Chairperson

Members

Councillor David East

Deputy Mayor Andrew Turner

Community Board Member Christine Wilson

Community Board Member Ross McFarlane

Community Board Member Tim Lindley

Community Board Member Karolin Potter

 

 

15 February 2018

 

 

 

 

 

Mark Saunders

Committee and Hearings Advisor

941 6436

Mark.Saunders@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:
https://www.ccc.govt.nz/the-council/meetings-agendas-and-minutes/

 


Hearings Panel

15 February 2018

 

 

 


Hearings Panel

15 February 2018

 

TABLE OF CONTENTS

 

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

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

STAFF REPORTS

3.       Staff Report to the Hearings Panel on the Proposed Summit Road (Rapaki Road- Gebbies Pass Road) and Worsleys Road (Summit Road- start of the Track) Prohibited Times On Road Restrictions................................................................................................................................ 5

4.       Submissions Received on the Proposed Prohibited Times on Road Restriction on Summit Road (Rapaki Road - Gebbies Pass Road) and Worsleys Road (Summit Road - start of the Track)........................................................................................................................................ 17   

5.       Hearing of Submissions......................................................................................................... 159

6.       Hearings Panel Consideration and Deliberation................................................................ 159 

 

 

 


Hearings Panel

15 February 2018

 

 

1.   Apologies

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

2.   Declarations of Interest

         2.1          Members are reminded of the need to be vigilant and 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.  

 

2.2          Councillor Scandrett and Community Board Members Darrell Latham and Melanie Coker have stood  aside from the Hearings Panel because of connections to submitters . The Linwood-Central-Heathcote Community Board on 29 January 2018, and Spreydon-Cashmere Community Board on 30 January 2018, in accordance with Council resolution CNCL/2018/00004, have substituted Community Board Member Tim Lindley  and Community Board Member Karolin Potter respectively as their representatives.


Hearings Panel

15 February 2018

 

 

3.        Staff Report to the Hearings Panel on the Proposed Summit Road (Rapaki Road- Gebbies Pass Road) and Worsleys Road (Summit Road- start of the Track) Prohibited Times On Road Restrictions

Reference:

18/98250

Contact:

Andrew Hensley

Andrew.Hensley@ccc.govt.nz

941 8933

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is for the Hearings Panel to consider the consultation feedback and views on the Summit Road (Rapaki Road – Gebbies Pass Road) and Worsleys Road (Summit Road- start of the Track) proposed Prohibited Times on Road restrictions, to consider the staff recommendation, and to make a recommendation to Council.

Origin of Report

1.2       This report is staff generated in response to requests from residents, community and other interest groups to address anti-social road user activity on Summit Road and the surrounding area.

2.   Significance

2.1       The decision in this report is of medium significance in relation to the Christchurch City Council’s Significance and Engagement Policy.

2.1.1   The level of significance was determined by using the significance and engagement matrix. Staff have considered the significance of the decision to be made by a Hearings Panel, their assessment is that the matter is of medium significance for the following reasons:

·     There is a high level of significance due to the number of people with an interest in the Port Hills.   Summit Road is a popular recreational area with ecological significance. It is also a popular spot for sight-seers, photographers, climbers, walkers, cyclists and car enthusiasts. The area of the proposal falls into four wards. There is an Act of Parliament that protects the road.

·     There is a medium-high level of community interest in the issue and possible environmental, social and cultural impacts. A number of people have raised concerns about the antisocial behaviour exhibited on Summit Road, including residents from Governors Bay and the Summit Road Protection Authority. If the proposal was implemented, it is likely that the environment would be improved by reducing vehicular access to the area and would reduce the risk of anti-social behaviour.

·     There is a medium level of impact on those affected and possible benefits to the Council, ratepayers and wider community of carrying out the decision.

·     The other criteria were low in significance.  

2.1.2   The community engagement and consultation outlined in this report reflect the assessment.

 

3.   Staff Recommendations

That the Hearings Panel:

1.         Recommends to Council that it does not approve the installation of a Prohibited Times on Road Restriction on Summit Road (Rapaki Road - Gebbies Pass Road) and Worsleys Road (Summit Road - start of the Track).

 

4.   Key Points

4.1       The following feasible options have been considered:

·          Option 1 – Do Nothing (preferred option)

·          Option 2 – Install a Prohibited Times on Road Restriction on Summit Road (Rapaki Road - Gebbies Pass Road) and Worsleys Road (Summit Road - start of the Track).

4.2       Option Summary - Advantages and Disadvantages (Preferred Option)

4.2.1   The advantages of this option include:

·        Access remains open to all road users.

·        Does not displace anti-social road user activity to other nearby areas.

·        No additional cost of signage installation and maintenance of signage required.

4.2.2   The disadvantages of this option include:

·        Likelihood that anti-social road user activity will continue.

·        Ongoing damage and cleaning costs to road and surrounding land.

 

5.   Context/Background

Background

5.1       Summit Road (Rapaki Road - Gebbies Pass Road) is a popular recreation area with ecological and city-wide significance. It is utilised by pedestrians, cyclists and motor vehicles, primarily for leisure activities. These occur mainly during the day time, but there is also a smaller demand for night time access and usage. Worsleys Road (Summit Road- start of the Track) is open for general motor vehicle movements.

5.2       The majority of this section of Summit Road is within the Christchurch City Council territorial boundary, with the remaining within the Selwyn District Council (see Attachment A).

5.3       Concerns have been raised regarding anti-social road use, safety, damage, vandalism, fire and rubbish, which are occurring primarily at night time.

5.4       As a result of the ongoing concerns, Council staff have been working with the Police, the Summit Road Protection Authority, and the Selwyn District Council to investigate possible solutions. These are in addition to existing enforcement tools that the Police have at present. Possible solutions included:

·     Prohibited Times on Road Restrictions. Under the Cruising and Prohibited Times on Roads Bylaw 2014, a Prohibited Times on Road Restriction to prohibit vehicles under 3500kg on Summit Road (Rapaki Road – Gebbies Pass Road) and Worsleys Road (Summit Road – start of the Track), from 10pm - 5am, Thursday - Monday, and public holidays. This option was put out to community consultation- see Attachment A.

·     Locked Gates to support a Prohibited Times on Road Restriction. Not progressed due to the cost of installing barriers, the ongoing costs to operating the gates by a contractor locking and unlocking each day, maintenance of the gates, safety concerns and inconvenience for owners, occupiers and their bona fide visitors, risk of key or code being shared to others.

·     No Cruising Restrictions. This was not progressed due to anti-social road users not considered to be cruising by the definition within the Bylaw.

·     Speed Humps. This was not progressed due to Summit Road being a collector road, its effect on the cycling and driving experience for road users, would not necessarily address issues occurring in roadside layby areas, would require speed humps to be installed at approximately 100m intervals to be effective, cost and visual appearance of the permanent warning signage as two combination signs and posts would be required for each speed hump and the cost of implementation.

·     Crime Prevention or Traffic Cameras (Sign of the Kiwi). This was not progressed at this stage as the location is not a priority location for either a crime prevention camera or a traffic camera, cost of installation, and the limited benefits to enforcement from the type of information obtained from cameras.

·     Night Time Parking Restrictions. This was not progressed as parking is not considered to be a significant issue along Summit Road, there are many opportunities to park in different locations, and the cost and visual effects of no parking signage.

·     Night Time Parking Restrictions - Sign of the Kiwi. This was not progressed as this location is important both to Sign of the Kiwi patrons, but also as a sightseeing location and place to stop a vehicles along the Dyers Pass Road route.

5.5       Police have been involved with discussions on the possible solutions.

5.6       If traffic treatments were implemented along Summit Road, Selwyn District Council would need to also resolve and implement these for their section of the Summit Road.

5.7       Selwyn District Council traffic staff are agreeable to Christchurch City Council leading the investigations.


 

6.   Option 1 – Do Nothing (preferred)

Option Description

6.1       Maintain the status quo on Summit Road (Rapaki Road - Gebbies Pass Road) and Worsleys Road (Summit Road - start of the Track).

Significance

6.2       The level of significance of this option is medium consistent with section 2 of this report.

6.3       Engagement requirements for this level of significance included a letterbox drop, on-site signage and social media.

Impact on Mana Whenua

6.4       This option does not involve a significant decision in relation to ancestral land or a body of water or other elements of intrinsic value, therefore this decision does not specifically impact Ngāi Tahu, their culture and traditions.

Community Views and Preferences

6.5       Community consultation on the Summit Road (Rapaki Road - Gebbies Pass Road) and Worsleys Road (Summit Road - start of the Track), Proposed prohibited times on road restrictions was undertaken from Monday 10 July to Friday 25 August 2017.

6.6       A total of 70 leaflets were hand-delivered to properties on Summit Road, sections of Hoon Hay Valley Road, Huntsbury Avenue and Worsleys Road. An additional 90 leaflets were delivered in late July to Gebbies Pass Road, Millers Road, McQueens Valley Road and Christchurch Akaroa Road. 

6.7       The leaflet was also sent to 239 key stakeholders and 110 absentee owners.

6.8       Additional leaflets were made available at Civic Offices, Akaroa Service Centre, Beckenham Service Centre, Linwood Service Centre, Little River Service Centre , Lyttelton Service Centre, Riccarton Service Centre, Hornby Service Centre, Te Hapua: Halswell Centre, Aranui Library, Bishopdale Community Library, Central Library (Peterborough), Central Library (Manchester Street), Diamond Harbour Library, Lyttelton Library, New Brighton Community Library, Parklands Community Library, Redwood Community Library, South Library, Spreydon Library,  Upper Riccarton Community and School Library, Pioneer Recreation and Sport Centre, Graham Condon Recreation and Sport Centre, Jellie Park Recreation and Sport Centre, QEII Fitness at Parklands, Lyttelton Recreation and Sports Centre and Cowles Stadium.

6.9       During the course of the engagement, Council received 865 submissions.

6.10    Of the 865 submitters, 221 submitters were in support, 99 were in support but had some concerns and 545 did not support the proposal.

6.11    Interest groups

6.11.1 Of the 865 submitters, 16 identified as being affiliated with an organisation.

Environmental/advocacy

6.11.2 Submissions were received from the Summit Road Protection Authority, the Summit Road Society, Port Hills Park Trust Board, Mt Vernon Management Committee and Friends of the Bellbird. Three were in support, one was in support with concerns and one did not support.

Societal concerns

6.11.3 One submission was affiliated with the Governors Bay Road Safety Working Group, another was affiliated with the Governors Bay Anti-social Behaviour Group (both were in support with concerns).   

Recreation

6.11.4 Four submissions were affiliated with the following recreational groups: Valley of Peace Cricket Club, Port Hills Athletic Club, Christchurch Adventure Park and a walking group (all in support).

6.11.5 Three were affiliated with photography groups (all did not support), one was affiliated with Chch Dwnunda which is a car enthusiast group (did not support).

Residents Association

6.11.6 Of all of the affected ward areas, only one submission was received from a Residents Association (from the Cashmere Residents Association). They were in support with concerns.

6.12    Ward Area

6.12.1 Of the 865 submissions, 521 submitters recorded their address within one of the four ward areas that Summit Road runs through. Of these, three submitters reside on Summit Road and three live on Worsleys Track which are within the area of the proposal. Submissions were received from 11 Gebbies Pass residents, three of which own land around the intersection with Summit Road. Submissions were received from 35 submitters with addresses in Governors Bay.

6.12.2 337 submitters lived outside the four wards areas. Of these, 215 live in other areas of Christchurch. The remaining 122 submitters were from a range of places, 53 from Selwyn District, 35 from Waimakariri District, 22 from other areas in the South Island, eight from the North Island, two did not supply their addresses but stated they were from Christchurch, one was from Australia and one was from the United States of America.

6.12.3 Of the remaining seven submitters, five were anonymous and two supplied PO Box’s so it is unclear whether they fall into one of the four ward areas or not.

Breakdown of support by ward areas

6.12.4 Of the 221 submitters in support, 170 live in one of the four ward areas that Summit Road runs through. 48 submitters live outside the ward area, of the remaining three supporters, two provided a PO Box address and one did not supply their address.

6.12.5 Of the 99 submitters in support with concerns, 68 live in one of the four ward areas and 31 live outside the ward area.

6.12.6 Of the 545 submitters against the proposal, 283 live in one of the four ward areas that Summit Road runs through. 258 submitters live outside the ward areas. The remaining four submitters provided false details.

Local communities

Worsleys/Summit Road residents

6.12.7 Of the 12 submitters with a Worsleys Road/Summit Road address, eight were in support, two were in support with concerns and two did not support the proposal.

6.12.8 Of these 12 submitters, six had a property within the area of the proposal. Four were in support, one was in support with concerns and one did not support the proposal.

Gebbies Pass residents

6.12.9 Of the 11 submitters with a Gebbies Pass Road address, five were in support, four were in support with concerns and two were against the proposal. Of these, three owned land around the junction with Summit Road (one in support and two in support with concerns).

 

Governors Bay

6.12.10  Of the 35 submitters from Governors Bay, ten were in support, six were in support with concerns and 19 did not support the proposal.

Selwyn District

6.12.11  Of the 53 submitters from the Selwyn District, eight were in support, three were in support with concerns and 41 did not support the proposal.

6.13    The main themes of the feedback were:

6.13.1 Concerns about the proposal

·        Restricting freedom of movement.

·        A minority ruining it for the majority.

·        Restricts photographers, in particular astronomy and landscape photographers.

·        Restricts visitors to the city seeing the view.

·        That it could drive the problem elsewhere.

·        That it would not be enforced by Police.

 

6.13.2 Safety

·        Restricted access would make it safer for cyclists.

·        It is a safer place for boy racers to use rather than in the city where it is more heavily populated.

·        Concerns about Police not enforcing antisocial behaviour.

 

6.13.3 Access

·        Comments on bona fide users and visitors.

·        Access for enjoyment of the view.

·        Access for stargazing.

·        It’s a recreation space.

 

6.13.4 Environment

·        Need to keep the hills beautiful.

·        It’s a precious environment.

·        The Port Hills belong to the people.

 

6.13.5 Alternative solutions

·        Add cameras.

·        Increase policing.

·        Install gates/speed bumps/barriers.

·        Increase the restricted hours.

·        Adjust the hours of restricted access by season.

·        Provide permits for bona fide visitors.

·        Add more roads to the restriction; including Gebbies Pass Road and Dyers Pass Road.

·        Educate on safe driving.

·        Provide an alternative space for car enthusiasts.

 

6.14    This option is consistent with the majority of community feedback received during the engagement stage.

6.15    Police and Selwyn District Council staff are agreeable to the preferred option.

Alignment with Council Plans and Policies

6.16    This option is consistent with Council’s Prohibited Times on Road Policy. The process set out by the Policy does not support night time access restrictions on collector or arterial roads. Summit Road is a collector road. It is however acknowledged that the traffic volumes utilising Summit Road are low, and are consistent with that of a local road.

Financial Implications

6.17    Cost of Implementation - $0.

6.18    Maintenance / Ongoing Costs – Costs of repairing damage and cleaning.

6.19    Funding source – Road Maintenance and Parks Operational Budgets.

Legal Implications

6.20    There is not a legal context, issue or implication relevant to this decision.

Risks and Mitigations

6.21    Further complaints to Council staff, Community Board, Council and New Zealand Police.

Implementation

6.22    Implementation dependencies - Not applicable.

6.23    Implementation timeframe – Not applicable.

Option Summary - Advantages and Disadvantages

6.24    The advantages of this option include:

·     Access remains open to all road users.

·     Does not displace anti-social road user activity to other nearby areas.

·     No additional cost of signage installation and maintenance required.

6.25    The disadvantages of this option include:

·     Likely that anti-social road user activity will continue.

·     Ongoing damage and cleaning costs to road and surrounding land.

7.   Option 2 – Install Prohibited Times on Road Restriction on Summit Road (Rapaki Road - Gebbies Pass Road) and Worsleys Road (Summit Road - start of the Track).

Option Description

7.1       Install a Prohibited Times on Road Restriction on Summit Road (Rapaki Road – Gebbies Pass Road) and Worsleys Road (Summit Road - start of the Track).

7.2       Under the Cruising and Prohibited Times on Road Bylaw 2014, vehicles under 3500 kg would be prohibited on Summit Road (Rapaki Road – Gebbies Pass Road) and Worsleys Road (Summit Road – start of the Track), from 10pm - 5am, Thursday to Monday, and public holidays.

7.3       The Bylaw allows exceptions such as maintaining access to Summit Road and Worsleys Road property owners, occupiers and their bona fide visitors. This Option also allows continued access for vehicles over 3500 kg, cyclists and pedestrians. Overnight access would be unrestricted on Mondays, Tuesdays and Wednesdays. Parking opposite the Sign of the Kiwi would be unaffected.

Significance

7.4       The level of significance of this option is medium consistent with section 2 of this report.

7.5       Engagement requirements for this level of significance included a letterbox drop, on-site signage and social media.

Impact on Mana Whenua

7.6       This option does not involve a significant decision in relation to ancestral land or a body of water or other elements of intrinsic value, therefore this decision does not specifically impact Ngāi Tahu, their culture and traditions.

Community Views and Preferences

7.7       Local residents, car enthusiasts, environmental groups, recreational users, photographers and the general public are specifically affected by this option due to access being restricted during certain hours and days.  Their views are outlined in section six.

Alignment with Council Plans and Policies

7.8       This option is inconsistent with Council’s Prohibited Times on Road Policy. The process set out by the Policy does not support night time access restrictions on collector or arterial roads. Summit Road is a collector road. It is however acknowledged that the traffic volumes utilising Summit Road are low, and are consistent with that of a local road.

Financial Implications

7.9       Cost of Implementation – approximately $4000 for the installation of regulatory signage to enable enforcement.

7.10    Maintenance / Ongoing Costs– Costs of repairing damage and cleaning.

7.11    Funding source – Traffic Operations operational budget, Road Maintenance and Parks operational budgets.

Legal Implications

7.12    Part 2, Clause 7 (1) of the Christchurch City Council and Prohibited Roads Bylaw 2014 provides that “The Council may by resolution specify any road or part of a road and the days and times during which motor vehicles weighing less than 3,500 kilograms are prohibited from being used on that road or part of that road or roads”.

7.13    Part 1, Clause 5 of the Christchurch City Council Traffic and Parking Bylaw 2008 provides the Council with the authority to install parking, stopping and standing restrictions by resolutions.

7.14    The Community Boards have delegated authority from the Council to exercise the delegations as set out in the Register of Delegations. The list of delegations for Community Boards does not include the installation of light vehicle prohibitions.

Risks and Mitigations

7.15    Complaints that access has been unfairly restricted to otherwise law abiding citizens, and resulting non-compliance.

Implementation

7.16    Implementation dependencies - Council approval.

7.17    Implementation timeframe – Approximately four weeks once the area maintenance contractor receives the request.

Option Summary - Advantages and Disadvantages

7.18    The advantages of this option include:

·   Provides access to Summit Road and Worsleys Road owners, occupiers and bona fide visitors.

·   Retains the Sign of the Kiwi parking area for ongoing usage to Sign of the Kiwi patrons, sightseers, cyclists and runners/walkers who may wish to park their vehicle before accessing the area.

·   Removes the option for a short circuit to be undertaken by anti-social road users on Summit Road between Dyers Pass Road and Gebbies Pass Road.

·   May result in the general area being less attractive to anti-social road users.

·   Assists with the protection of the natural environment (eg. fire), amenities and facilities, reduced rubbish.

·   Possible benefits to road safety by reducing night time traffic and conflict situations.

·   Provides Police with an additional tool to address anti-social road user activity on these roads.

7.19    The disadvantages of this option include:

·   May result in displacement of anti-social road user issues elsewhere on the roading network. Some concerns have been raised regarding a possible displacement to Governors Bay.

·   Restricts access at night to the general public to only walking, cycling, and vehicles over 3500kg.

·   Further distance for some motorists to travel.

·   Costs of signage and ongoing maintenance to enable enforcement.

·   Summit Road is classified as a collector road in the roading hierarchy, however night time usage is low.

 

Attachments

No.

Title

Page

a

Consultation Plan

15

 

 

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

Authors

Andrew Hensley - Traffic Engineer

Lori Rankin - Engagement Advisor

Approved By

Ryan Rolston - Team Leader Traffic Operations

David Adamson - General Manager City Services

 


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4.        Submissions Received on the Proposed Prohibited Times on Road Restriction on Summit Road (Rapaki Road - Gebbies Pass Road) and Worsleys Road (Summit Road - start of the Track)

Reference:

18/100143

Contact:

Mark Saunders

Mark.Saunders@ccc.govt.nz

941 6436

 

 

1.   Purpose of Report

Purpose of Report

1.1       The purpose of this report is to collate for the consideration of the Hearings Panel the submissions received in response to the consultations on the Summit Road (Rapaki Road - Gebbies Pass Road) and Worsleys Road (Summit Road - start of the Track), Proposed prohibited times on roads restrictions (“the proposal”).

1.2       A copy of the consultation leaflet is appended as Attachment A.

1.3       A volume of submissions received from submitters who have subsequently asked to be heard in person by the Hearings Panel and are scheduled to be heard at the meeting is appended as Attachment B.

1.4       A volume of submissions received from submitters who have not asked to be heard in person is appended as Attachment C.

2.   Staff Recommendation

 

It is recommended that the Hearings Panel:

2.1       Consider all submissions received, the enclosed staff report and other relevant considerations in its deliberations, before deciding its recommendation to the Council in respect of the proposal, which the Council may accept or reject; and 

2.2       Note that the Local Government Act 2002 requires, as one of the principles of consultation, that “the views presented to the local authority should be received by the local authority with an open mind and should be given by the local authority, in making a decision, due consideration” (section 82(1)(e)).

 

Attachments

No.

Title

Page

a

Consultation Leaflet on Proposed Prohibited Times on Road Restriction on Summit Road (Rapaki Road - Gebbies Pass Road) and Worsleys Road (Summit Road - start of the Track)

19

b

Volume of Written Submissions from Submitters Wishing to be Heard

21

c

Volume of Written Submissions from Submitters Not Wishing to be Heard

28

 

 

Signatories

Author

Mark Saunders - Committee and Hearings Advisor

Approved By

Mark Saunders - Committee and Hearings Advisor

 


Hearings Panel

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5.    Hearing of Submissions

 

Submitters who indicated they wished to be heard in person will have their presentations heard accordingly. A timetable can be found at the beginning of the volume of “Heard Submissions”, which is included above as Attachment B to Item 4 above.

 

 

 

6.    Hearings Panels Consideration and Deliberation