Regulatory Performance Committee

Agenda

 

 

Notice of Meeting:

An ordinary meeting of the Regulatory Performance Committee will be held on:

 

Date:                                     Wednesday 13 June 2018

Time:                                    9am

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

 

 

Membership

Chairman

Deputy Chairman

Members

Councillor David East

Councillor Jamie Gough

Councillor Jimmy Chen

Councillor Anne Galloway

Councillor Tim Scandrett

Councillor Sara Templeton

 

 

7 June 2018

 

 

 

Principal Advisor

Leonie Rae

General Manager Consenting & Compliance

 

Liz Ryley

Committee Advisor

941 8153

liz.ryley@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/

 


Regulatory Performance Committee

13 June 2018

 

Regulatory Performance Committee - Terms of Reference

 

 

Chair

Councillor East

Membership

Councillor Gough (Deputy Chair), Councillor Chen, Councillor Galloway, Councillor Scandrett, Councillor Templeton

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

Monthly

Reports To

Council

 

 

Responsibilities

The focus of the Regulatory Performance Committee is Council’s regulatory and compliance functions. The Committee seeks to foster:

·         active citizenship, community participation and community partnerships

·         innovation and creativity

·         relationship with key partner organisations and agencies

·         engagement with community boards on bylaw development and review

 

 

The Regulatory Performance Committee considers and reports to Council on issues and activites relating to:

·         Council’s regulatory and compliance functions

·         Council’s regulatory and compliance functions under:

Resource Management Act 1991 and related legislation

Building Act 2004 and the New Zealand Building Code

Dog Control Act 1996

Sale and Supply of Alcohol Act 2012

Local Government Act 1974 and Local Government Act 2002

Historic Places Act 1980

District Plan

Bylaws

Other regulatory matters

·         District planning

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

·         relationship with key partner organisations and agencies

·         engagement with community boards on bylaw development and review

 

 


Regulatory Performance Committee

13 June 2018

 

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.       Public Forum.................................................................................................................... 4

B       5.       Deputations by Appointment........................................................................................ 4

B       6.       Presentation of Petitions................................................................................................ 4

A       7.       Alcohol Ban in Riccarton Racecourse on New Zealand Cup Day 2018 Event............. 5

C       8.       Car Park Consent at New World, Stanmore Road...................................................... 15

C       9.       Short-term Visitor Accommodation - Regulatory Approach.................................... 19

B       10.     Abandoned/Vacant Properties Report....................................................................... 27

B       11.     Building Consenting Update June 2018....................................................................... 41

B       12.     Regulatory Performance Committee - Regulatory Compliance Unit Status Report - 13 June 2018........................................................................................................................ 55

B       13.     Resource Consents Monthly Report - March / April 2018......................................... 61   

 

 


Regulatory Performance Committee

13 June 2018

 

 

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 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.

3.   Confirmation of Previous Minutes

4.   Public Forum

A period of up to 30 minutes may be available for people to speak for up to five minutes on any issue that is not the subject of a separate hearings process.

5.   Deputations by Appointment

5.1

Deputation – Papanui-Innes Community Board

Ali Jones will speak on behalf of Papanui-Innes Community Board regarding Item 10, Abandoned/Vacant Properties.

 

6.   Petitions

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

 


Regulatory Performance Committee

13 June 2018

 

 

7.        Alcohol Ban in Riccarton Racecourse on New Zealand Cup Day 2018 Event

Reference:

17/1477551

Contact:

Evangeline Emerenciana

Evangeline.Emerenciana@ccc.govt.nz

941 8999

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is for the Regulatory Performance Committee to recommend that the Council imposes a Temporary Alcohol Ban Area in the Riccarton Racecourse area on 17 November 2018 (New Zealand Cup Day) from 7am to 12 midnight.

Origin of Report

1.2       This report is staff generated.

2.   Significance

2.1       The decisions in this report are of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy.

2.1.1   The low level of significance was determined by the relatively small group of people affected, or with an interest in the decision of the Council. Therefore, targeted consultation was undertaken.

2.1.2   Key stakeholders’ engagement and consultation included emails and face-to-face meetings with Police, Tri-agency Group, Riccarton Park and Canterbury Racing, and Halswell-Hornby-Riccarton Community Board.  These stakeholders support the alcohol ban.  A similar ban has been put in place in Riccarton Racecourse area each year since 2015.

 

3.   Staff Recommendations 

That the Regulatory Performance Committee recommends the Council:

1.         Notes that the Alcohol Restrictions in Public Places Bylaw 2009 enables the making of Temporary Alcohol Ban Areas.

2.         Resolves it is satisfied that:

a.         There is evidence that the area to which the Alcohol Restrictions in Public Places Bylaw 2009 (the Bylaw) applies has experienced a high level of crime or disorder and that this can be shown to have been caused or made worse by alcohol consumption in the area; and

b.         The Bylaw, as applied by the resolution:

·   is appropriate and proportionate in the light of the evidence; and

·   can be justified as a reasonable limitation on people’s rights and freedoms.

3.         Resolves that Clause 5 of the Bylaw specifies a number of matters the Council must consider before it imposes a Temporary Alcohol Ban Area – that the resolution must describe the specific area of the Temporary Alcohol Ban Area and the times, days or dates during which the alcohol restrictions apply to any public places in the area.

4.         Resolves to put in place a Temporary Alcohol Ban Area from 7am to 12 midnight on 17 November 2018 (New Zealand Cup Day event) in immediate areas surrounding Riccarton Park, namely: both sides of the streets of Yaldhurst Road to Middlepark Road; Epsom Road to Racecourse Road; Buchanans Road to Masham Road to Yaldhurst Road (see Attachment A – map)

5.         Notes that a Public Notice be placed in the newspaper and signage be provided in key public places covered by the alcohol ban.

 

4.   Key Points

4.1       This report supports the Council's Long Term Plan (2015 - 2025):

4.1.1   Activity: Strategic Planning and  Policy

·     Level of Service: 17.0.9 Provision of strategic advice on the social and economic issues facing the city

4.2       The following feasible options have been considered:

·     Option 1 – Impose an Alcohol Ban in Riccarton Racecourse area on New Zealand Cup Day 2018 event (preferred option)

·     Option 2 – Do nothing

4.3       Alcohol Ban Summary - Advantages and Disadvantages of Option 1

4.3.1   The advantages of this option include:

·        Police will be able to effectively respond to incidents of alcohol-related disorder and bylaw breaches on Cup Day event.

·        A ban enforcement will potentially reduce the number of people preloading prior to attending the event.

·        The risks of alcohol-related disorder and offences in the immediate area surrounding the venue is reduced.

·        The ban will promote a safe environment for the local and neighbouring residents as well as improve the general safety for all guests attending the Cup Day event.

4.3.2   The disadvantages of this option include:

·        The ban reduces options for responsible alcohol drinkers.

 

5.   Context/Background

5.1       The Christchurch City Council Alcohol Restrictions in Public Places Bylaw 2009 allows the Council to put a Temporary Alcohol Ban Area in place by resolution. Clause 5 of the Bylaw specifies a number of matters the Council must consider before it imposes a Temporary Alcohol Ban Area, and that the resolution must describe the specific area of the ban area and the times, a day or dates during which the alcohol restrictions apply to any public places in the area.

5.2       The Temporary Alcohol Ban Area prohibits the consumption of alcohol in public places and prohibits people from having open containers of alcohol in public areas, including in vehicles in public places.

5.3       The Police have various powers to enforce the Bylaw, including the power to search containers and vehicles in public places for alcohol, and to seize and remove alcohol from the ban area. A breach of the bylaw is an offence and can result in the Police issuing an infringement fine of $250.

5.4       In the last three years, an alcohol ban from 7am to 12 midnight has been applied in the area bounded by both sides of the streets of Yaldhurst Road to Middlepark Road; Epsom Road to Racecourse Road; Buchanans Road to Masham Road to Yaldhurst Road (see Attachment A – map). The ban intends to reduce the increasing incidence of public intoxication and misbehaviour as well as prevent open alcohol being carried on the streets around Riccarton Park on Cup Day.

Temporary Alcohol Ban applied on New Zealand Cup Day

5.5       The Council first introduced a Temporary Alcohol Ban Area in 2015. Riccarton Park surrounding areas on 14 November New Zealand Cup Day 2015 following the request of the Riccarton Park and Canterbury Racing and Police at the Riccarton-Wigram Community Board. The request was made in view of the increasing incidence of alcohol-related harm and disorder in public places on Cup Day.  Residents reported dissatisfaction about disorderly and antisocial behaviour, littering, broken glass, urinating as well as assaults on Cup Day each year.

5.6       Police reported the 2015 Temporary Alcohol Ban Area slightly reduced the alcohol-related disorder, though there were still a significant number of people breaching the ban, with high levels of intoxication occurring in the ban area. 

5.7       The Council imposed another Temporary Alcohol Ban Area for the 2016 Cup Day event. There was a change of alcohol licensing conditions for this year. Riccarton Park venue obtained a Special Licence under the Sale and Supply of Alcohol Act, which removed the opportunity for people to bring in their own alcohol. This had a significant impact on alcohol ban compliance with fewer people openly breaching the ban.

5.8       A third Temporary Alcohol Ban Area was put in place in Riccarton Racecourse area on 18 November 2017.  Police observed some positive changes with the behaviour of the Cup Day attendees. Police noted that despite moderate increase in the number of attendees as compared in 2016, there were very few breaches of the ban detected.

Proposed alcohol ban on Racecourse NZ Cup Day 2018 event

5.9       Staff consulted key stakeholders including the management of Canterbury Racing and Riccarton Park, New Zealand Police, Tri-agency Group, and Halswell-Hornby-Riccarton Community Board on their views of another temporary alcohol ban. All these stakeholders support the ban.

6.   Section 147B of the Local Government Act Analysis and Bylaw Requirements

6.1       Section 147B of the Local Government Act 2002 details the legislative criteria that must be satisfied before the Council resolves to impose a Temporary Alcohol Ban Area. The criteria are as follows:

(a)  There is evidence that the area to which the bylaw applies (or will apply by virtue of the resolution) has experienced a high level of crime or disorder that can be shown to have been caused or made worse by alcohol consumption in the area; and

(b)  The bylaw, as applied by the resolution –

(i)            is appropriate and proportionate in the light of the evidence; and

(ii)           can be justified as a reasonable limitation on people’s rights and freedoms.

6.2       In accordance with Clause 5 of the Bylaw, the specific area is outlined in Attachment A. The ban will apply on 17 November 2018 (New Zealand Cup Day) from 7am to 12 midnight.

6.3       The proposed one-day temporary alcohol ban in the Riccarton Racecourse area is related to New Zealand Cup Day, an annual event happening on November (Saturday) each year. 

6.4       The Riccarton Park Function Centre and Canterbury Racing run a large number of race meetings annually. It is only on New Zealand Cup Day that Police have found a significant level of disorderly and antisocial behaviour happening as a result of people preloading prior to going to the event venue. They noted that the effects on neighbours, before the introduction of an alcohol ban, could be described as extreme and completely unacceptable.

6.5       Police observed the number of people drinking in and around Riccarton Park area in 2015 was notably less, though a considerable number of people were still breaching the ban. 

6.6       The rainy weather in 2016 New Zealand Cup Day event affected the overall numbers of visitors at the venue with and a large number of young people turned up quite late en masse. Police noted that some people still had consumed too much alcohol, and broken bottles on footpaths were seen in surrounding areas.  Police, however, observed that compliance with alcohol ban was noticeably better than in 2015.

6.7       Police noticed only a few people breaching the alcohol ban conditions in 2017 Cup Day.  They witnessed preloading of alcohol was significantly reduced. The operators introduced a very thorough assessment process such that intoxicated people were denied entry at the gate.

6.8       Over the years, the effectiveness of alcohol bans is improving. Police believe the concept of alcohol bans in Christchurch is increasingly well understood so compliance will improve over time.

6.9       On this basis, staff consider that the area (in the absence of an alcohol ban) has experienced a high level of crime or disorder that can be shown to have been caused or made worse by alcohol consumption. Police therefore strongly support an alcohol ban area being introduced on New Zealand Cup Day 2018. 

6.10    Furthermore, staff consider that the Bylaw Ban Area is appropriate and proportionate in the light of the evidence; and can be justified as a reasonable limitation on people’s rights and freedoms.  The Ban Area is for one day of the year and responds to one event which has been plagued with alcohol related harm issues in the past. 

6.11    In terms of the Alcohol Restrictions In Public Places Bylaw 2009, clause 5(2) of the Bylaw requires the Council to consider the following matters:

·        Clause 5(2)a – whether the proposed bans relate to events

The proposed Temporary Alcohol Ban Area on 17 November 2018 relates to the annual New Zealand Cup Day in the area surrounding Riccarton Park Racecourse.

The Cup Day has a long history with Christchurch and is an iconic event on ‘Show and Cup Week’ calendar for many Cantabrians. Over the years, it has become increasingly popular and attracts record crowds with an estimate 20,000 visitors attending each year.

·        Clause 5(2)(b) – the nature and history of alcohol-related problems usually associated with the area, together with any anticipated alcohol-related problems

Prior to 2015, the biggest issue on the New Zealand Cup Day was disorderly and antisocial behaviour as a result of the inappropriate consumption of alcohol. The problems associated with preloading of alcohol manifest as people urinating on fences, violence, property damage, and littering on footpaths.

 

In 2015 when the alcohol ban area was first imposed, Police observed that compliance with the ban was not particularly good.  They observed, however some improvement in the behaviour of patrons attending the Cup Day 2015.

 

2016 compliance with alcohol ban area was noticeably better than in 2015 with fewer people openly breaching.  Most people apprehended for breaching the alcohol ban in 2016 had preloaded and were turned away at the gate. 

 

In 2017, Police observed some positive changes in patrons’ behaviour with very few breaches of the ban detected and significant reduction of preloading of alcohol incidents were noted.

·        Clause 5(2)( c) – whether the benefits to local residents and to the city would outweigh the restrictions the resolution would impose on local residents and other people, including those who may be attending any events, in the area covered by the resolution

With the support from the Community Board, Council Licensing Inspector, Community Health and Public Licensing Officer, and Police for a temporary ban on Racecourse New Zealand Cup Day 2018, it is apparent that the benefits of the ban outweigh the restrictions.

Riccarton Park and Canterbury Racing believe that the ban works well with no complaints received about littering and alcohol-related nuisance since the ban was put in place in the last three years.

·        Clause 5(2) (d) – any information from the Police and other sources about the proposed dates, the event or the area to be covered by the resolution.

The area of the ban area is largely residential and relates to an annual event that attracts a crowd nearing 20,000 people.  The event has been plagued with issues relating to excessive consumption of alcohol which negatively affected the amenity to a significant degree.  The Police believe that an alcohol ban is a useful tool to manage alcohol-related harm on Cup Day.

Riccarton Park and Canterbury Racing as organisers of the Racecourse New Zealand Cup Day support a temporary ban put in place on Racecourse Cup Day 2018 and in making the ban permanent in due course.

7.   Option 1 –A temporary alcohol ban in Riccarton Racecourse area on New Zealand Cup Day 2018 (preferred)

Option Description

7.1       The Council resolves to apply a temporary alcohol ban in the immediate areas surrounding Riccarton Park Racecourse (refer to Attachment A – map) from 7am to 12 midnight on Saturday 17 November 2018 (New Zealand Cup Day event).

Significance

7.2       The level of significance of this option is low consistent with section 2 of this report.

7.3       Engagement requirements for this level of significance are low.   Key stakeholders were contacted to get their views about the proposed temporary alcohol ban through face-to-face meetings and emails.

Impact on Mana Whenua

7.4       This option does not specifically impact Ngāi Tahu, their culture and traditions.

Community Views and Preferences

7.5       NZ Police, Tri-agency Group, management of Riccarton Park and Canterbury Racing, and Halswell-Hornby-Riccarton Community Board are specifically affected by this option and were consulted. Their views are:

7.6       New Zealand Police have expressed support for another Temporary Alcohol Ban Area to be put in place in 2018. They believe that the alcohol ban in previous year has been an effective tool to assist in reducing alcohol related harm to people making their way to the event.

7.7       Police note that compliance rates have continued to improve and preloading of alcohol has reduced significantly.  They believe that the culture of the event has started to change for the better, with attendees now accepting that intoxication is inappropriate antisocial behaviour and that if intoxicated they will be denied entry at the venue.

7.8       The Christchurch City Council Alcohol Licencing Inspector and Community and Public Health Licencing Officer support a temporary alcohol ban in 2018 in areas associated with the Cup Day event.

7.9       Riccarton Park and Racing Canterbury strongly support another alcohol ban in 2018 and look forward to this ban becoming permanent. They believe that the ban works exceptionally well as there has been a significant reduction in complaints received from surrounding residents.

7.10    Halswell-Hornby-Riccarton Community Board at its meeting on 27 March 2018 resolved to support a temporary ban. 

Alignment with Council Plans and Policies

7.11    This option is with Council’s Plans, Policies, and Strategies.  Specific alignment identified:

Alcohol Restrictions in Public Places Bylaw 2009

Community Outcomes

Communities are safe

·   People are safe from crime

·   Injuries and risks to public health are minimised

Christchurch Alcohol Action Plan

Safer Christchurch City Strategy

·   Proactive partnerships that have a shared commitment to a Safe City

·   Reducing and preventing the incidence and effects of crime

Financial Implications

7.12    Cost of Implementation – If Council agrees to introduce temporary alcohol ban public notices, and ban signage are required by law.  An approximate cost of $3,000 will be covered from existing budgets.

7.13    Maintenance / Ongoing Costs –Enforcement of the bylaw rests with Police under powers in the Local Government Act 2002.

7.14    Funding source – Strategic Policy and Planning budget.

Legal Implications

7.15    Before making a resolution, under the Council’s Alcohol Restrictions in Public Places Bylaw 2009, section 147B of the Local Government Act 2002 requires the Council to be satisfied of certain matters.  These matters and analysis are set out in section 6 of this report.

7.16    Clause 5 of the Alcohol Restrictions in Public Places Bylaw 2009 also requires the Council to consider a number of matters before it makes a resolution under the Bylaw in relation to Temporary Alcohol Ban Areas.  Again, these considerations and analysis are set out in section 6.11 of this report. 

7.17    Staff note that the current Alcohol Restrictions in Public Places Bylaw 2009 needs to be replaced by 18 December 2018.  This is the effect of the Local Government (Alcohol Reform) Amendment Act 2012.  This means that the Council will need to address the continuation of all alcohol ban areas this year.

7.18    In light of this upcoming work, staff will need to address whether a Temporary Alcohol Ban Area in Riccarton on New Zealand Cup Day should become permanent.

7.19    This report has been reviewed and approved by the Legal Services Unit.

Risks and Mitigations  

7.20    There is a risk that Cup Day attendees are not aware of the ban or its restrictions. This may result in undermining the effectiveness of the alcohol ban area as applied.

7.20.1 Residual risk rating: The residual rating of the risk after the below treatment is implemented will be low.

7.20.2 Planned treatments include:  Street ban signs installation, media release, and public notice about temporary alcohol ban organised.

Implementation

7.21    Implementation dependencies - New Zealand Police have powers to enforce the Bylaw, including the power to search containers and vehicles in public places for alcohol, seize and remove alcohol, and arrest any person who is found to be breaching the Bylaw.  The alcohol restrictions apply to public places such as streets, reserves and walkways.

7.22    Implementation timeframe – If the Council resolves to apply a Temporary Alcohol Ban Area this year, staff have at least four months to implement the decision of the Council (including media release/public notice, and alcohol ban signs installation, etc.). 

Option Summary - Advantages and Disadvantages

7.23    The advantages of this option include:

·        The Police will be able to effectively respond to incidents of alcohol-related disorder and breaches of the alcohol ban.

·        A ban enforcement will potentially reduce the number of people preloading prior to attending the Cup Day event.

·        The risks of alcohol-related disorder and offences in the immediate area surrounding the venue is reduced.

·        The ban will promote a safe environment for the local and neighbouring residents as well as improve the general safety for all Cup Day guests.

7.24    The disadvantages of this option include:

·        The ban reduces options for responsible alcohol drinkers.

8.   Option 2 – Do not impose another temporary alcohol ban on November New Zealand Cup Day 2018 event

Option Description

8.1       The Council does not apply an alcohol restrictions in Riccarton Racecourse area on 17 November 2018 (New Zealand Cup Day). Staff do not support this option.

Significance

8.2       The level of significance of this option is relatively low, consistent with the analysis as per the Significance and Engagement Policy. 

8.3       Engagement requirements for this level of significance are not applicable for this option.

Impact on Mana Whenua

8.4       This option does not specifically impact Ngai Tahu, their culture and traditions.

Community Views and Preferences

8.5       Stakeholders consulted support of introducing another temporary alcohol ban on Cup Day 2018. New Zealand Police are of the view that the ban has brought positive effects to those people attending the event and affirm to continuously enforce alcohol ban on Cup Day event each year.

Alignment with Council Plans and Policies

8.6       This option is consistent with Council’s Plans and Policies

Financial Implications

8.7       Cost of Implementation – No cost is needed for this option.

8.8       Maintenance / Ongoing Costs – Not applicable

8.9       Funding source – Not applicable

Legal Implications

8.10    There is no legal implications as the Council will not impose a temporary alcohol ban.

Risks and Mitigations

8.11    With no alcohol restrictions on Cup Day 2018, it is likely that local residents and businesses in the ban area and neighbouring areas including responsible visitors will again feel the effects and risks associated with nuisance behaviour by people preloading prior to attending the event. 

8.11.1 Treatment:  Continues presence of Police to manage some of the antisocial behaviour although without ability to restrict attendees drinking alcohol in public areas.

Implementation

8.12    Implementation dependencies  - Not applicable

8.13    Implementation timeframe – Not applicable

Option Summary - Advantages and Disadvantages

8.14    The advantages of this option include:

·     No costs to the Council as no communications or signage to produce and install/remove.

8.15    The disadvantages of this option include:

·     The level of alcohol-related offences will likely to increase again in the Racecourse area on New Zealand Cup Day event.

·     Police unable to intervene in situations where people are drinking alcohol in surrounding public areas of the Cup Day venue.

·     Local and neighbouring residents are to face more littering and antisocial behaviour from intoxicated people.

 

Attachments

No.

Title

Page

a

2018 - Proposed Temporary Alcohol Ban area map-Riccarton Racecourse

14

 

 

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

Evangeline Emerenciana - Policy Analyst

Approved By

Helen Beaumont - Head of Strategic Policy

Brendan Anstiss - General Manager Strategy and Transformation

  


Regulatory Performance Committee

13 June 2018

 

PDF Creator


Regulatory Performance Committee

13 June 2018

 

 

8.        Car Park Consent at New World, Stanmore Road

Reference:

18/295182

Presenter(s):

John Gibson, Planning Administration Manager

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is to give the Regulatory Performance Committee feedback on a deputation from the 8 November 2017 meeting.

Origin of Report

1.2       This report is staff generated Regulatory Performance Committee resolution about the consent for New World, Stanmore Road car park.

2.   Significance

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

2.1.1   The level of significance was determined by the amount of residents who are affected.

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

 

3.   Staff Recommendations

That the Regulatory Performance Committee:

1.         Receive and review this feedback as discussed in points 4.1 to 4.6 of the report.

 

4.   Context/Background

4.1       Resource consent (RMA92021601) was granted in 2013 for building alterations, new signage and changes to car parking and landscaping to be undertaken on the site of the Stanmore Road New World supermarket. The site includes a large Weeping Elm tree which is protected under the District Plan. With regard to the protected tree, the consent provided for maintenance pruning, works within a 10m radius of the trunk of the tree for the creation of a compacted pathway on the southern side of the tree.

4.2       The consent was granted subject to a number of conditions, in particular condition 1 which states:

The development shall proceed in accordance with the information and plans submitted with the application. The approved Consent Documentation has been entered into Council records as RMA92021601 and include the stamped approved plans RMA92021601 pages 1 to 3.

4.3       The consent documentation included two plans – one labelled ‘Approved Consent Plan’ and the other labelled ‘Approved Landscape Plan’ (pictured below). There is a conflict between the two plans which show differing landscaping details. The plan labelled ‘Approved Consent Plan’ was submitted later at the time of the s104 substantive decision and the plan labelled ‘Approved Landscape Plan’ was part of the original consent application. This second plan (‘Approved Consent Plan’) made amendments to the site layout in response to Council’s urban designer having concerns about the height and location of the sign at Stanmore Road and an increase in car parking spaces from 6 to 7 spaces adjacent to the building. Further, the canopy dimensions of the Elm tree as shown on this later plan had been reduced to a smaller blue circle which made it look as if the car parks were not any closer to the tree, explaining why the changes were not identified by the planner at the time of consent approval.

4.4       The consent was granted with a condition of consent (#15) requiring the landscaping to be established in accordance with the landscape plan submitted. Text submitted by the applicant states that the landscaping will be implemented as shown on the site plan and refers to key planting ‘concepts’ shown on that plan.

4.5       Legal advice has been sought to determine which plan should be adhered to. Council’s legal counsel, Mr Brent Pizzey has advised that in light of the changes to the site plan, that were expressly submitted and noted by the applicant during the processing of the application, and the fact that the application references the site plan for landscaping purposes, it is this plan that Council is required to ensure compliance with.

4.6       Council staff have met with Mr Carswell in regards to his concern about the elm tree and the close proximity of car parking area to it. Council’s arborist Mr Thornton conveyed to Mr Carswell that he has examined the tree and is satisfied that the tree is healthy and that it has sufficient area around it for its on-going health. Staff understand that Mr Carswell is now satisfied with the explanation about the discrepancy between the two site plans and that the tree is afforded adequate protection.

 

Attachments

There are no attachments to this report.

 

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 Gibson - Planning Administration Manager

Approved By

John Higgins - Head of Resource Consents

Leonie Rae - General Manager Consenting and Compliance

  


Regulatory Performance Committee

13 June 2018

 

 

9.        Short-term Visitor Accommodation - Regulatory Approach

Reference:

18/479782

Presenter(s):

Gavin Thomas - Principal Advisor Economic Policy
Alison McLaughlin - Policy Planner

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is for the Regulatory Performance Committee to be informed about the Council’s current planning and rating approaches that apply to residential units used for short-term guest accommodation and outlines possible future changes to those current approaches.

Origin of Report

1.2       This report is staff generated and responds to questions raised by Councillors regarding the Council’s regulatory approach to short-term guest accommodation and how the Council communicates, monitors and enforces its approach.

2.   Significance

2.1       The information in this report is considered to be of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy.

2.1.1   The level of significance was determined by there being no decision sought at this time. If a decision is sought through a future report then the level of significance will be reassessed at that time based on the recommendations being put to the Council.

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

 

3.   Staff Recommendations

That the Regulatory Performance Committee:

1.         Receives this report and notes the information included, noting that:

a.         a communications programme is being delivered to raise awareness of the regulatory requirements associated with providing short-term guest accommodation;

b.         the Regulatory Compliance team will explore the practicality of a prioritised approach to proactive monitoring and enforcement of regulatory requirements. Details of how this could work will be reported to a future meeting of this Committee;

c.         the Council’s current approach to rating of properties used for short-term guest accommodation will be reviewed. Practicable options for applying an appropriate rating approach, including the possible use of Business rates, will be presented to the Finance and Performance Committee before the end of the 2018 calendar year;

d.         officers will monitor the effectiveness of the existing District Plan provisions and may investigate options for amending provisions in the Plan in relation to  visitor accommodation in residential zones. These options can only be further progressed when the Canterbury Earthquake (Christchurch Replacement District Plan) Order, which currently prevents the Council from notifying changes to the District Plan, is lifted.

 

4.   Key Points

4.1       Councillors have been approached by visitor accommodation sector representatives wanting to know what the rules are regarding the use of residential units for short-term guest accommodation. The basis for these questions is a concern that the formal accommodation sector is required to comply with District Plan rules, resource consent conditions and Building Act requirements, and pay business rates; while the informal sector appears to operate without these requirements.

4.2       The advent of online accommodation booking platforms like Airbnb and Book-a-Bach has seen the informal short-term accommodation sector market share in Christchurch grow exponentially since June 2016:

·    The number of rooms in owner-occupied homes listed rose from 58 in June 2016 to 1,434 in December 2017. By 8 February 2018 this had further risen to 2,501 Christchurch listings on Airbnb.

·    The number of entire homes listed increased from 54 to 966 from June 2016 to December 2017.

·    The online sector has now captured around 20 per cent of the guest nights in Christchurch.

4.3       The Christchurch District Plan contains definitions and rules that apply to the various types of short-term guest accommodation. The recent operationalisation of the District Plan, combined with some difference in interpretation of the Plan has likely caused difficulty for accommodation operators as well as the Council’s Regulatory Compliance team which enforces the Plan requirements when breaches are reported.

4.4       In short, where a live-in property owner lets rooms within a residential unit (to no more than 6 people at any one time and for less than 90 days at a time) the District Plan definition of bed and breakfast accommodation applies. This is a permitted activity in most zones and resource consent is not required. 

4.5       Where the owner is not present on site and the whole unit is let for transient accommodation for any period of time, the activity meets the definition guest accommodation.  In general, the District Plan rules enable guest accommodation to be located in business zones and mixed-use zones as a permitted activity. In most residential zones guest accommodation is not a permitted activity and therefore a resource consent is required.  Applications for resource consent for such activities would face relatively challenging objective and policy tests before consent could be granted.

4.6       Currently, properties used for formal accommodation provision are charged business rates while those operating in the informal sector are not. Options on how to deal with this anomaly will be presented to the Finance and Performance Committee in a later report.

4.7       In the short term a comprehensive communications programme will be delivered to grow awareness of the District Plan rules. The Regulatory Compliance team will continue to respond to complaints and act on these appropriately. The team will look at options to introduce some targeted proactive monitoring and enforcement to ensure that the rules are being complied with (including other related issues such as Building Act compliance [such as fire alarms, emergency exits, and sanitation requirements]).

4.8       In the longer term the City Planning team will look at options to clarify District Plan definitions (or interpretations) and to consider a more nuanced regulatory environment that may allow some use of properties for short-term guest accommodation when the owner is not present. The current District Plan rules make no distinction as to the scale of use – the rules apply from the first night a property is let.

4.9       Several likely technical challenges to formulating and enforcing District Plan rules have been identified and will need to be worked through. A report exploring issues and options will be presented to this Committee at a later date. It should be noted that the Council is currently unable to notify proposed changes to the District Plan.

 

5.   Context/Background

District Plan definitions and rules

5.1       Understanding the District Plan provisions for short-term guest accommodation where the owner is not present is somewhat complex and requires consideration of the definitions of “residential unit”, “bed and breakfast” and “guest accommodation”.

·    Bed and Breakfast is the use of part of a residential unit for the provision of transient residential accommodation at a tariff. The activity standards require the owner to reside permanently on site, to have no more than six guests at any one time, for no guest to be accommodated for more than 90 consecutive days and for no sale of alcohol to be involved. Under the District Plan rules bed and breakfasts are a permitted activity in residential zones and no resource consent is required.

·    Guest accommodation is the provision of “transient residential accommodation offered at a tariff” but excluding bed and breakfasts. Guest accommodation, is a discretionary use in most residential zones and requires resource consent.

·    Residential unit means the use of a building for “residential activity” which excludes guest accommodation but includes bed and breakfasts and holiday homes – a holiday home is not defined by the plan. Residential units are a permitted activity in residential zones and do not require resource consent.

5.2       A whole unit offered at a tariff (and not used by the owners themselves or family/friends) is a guest accommodation activity. The District Plan rules do not set a threshold for guest accommodation in a residential unit. Therefore resource consent is required regardless of the number of days a property is used for this purpose.

5.3       The District Plan objectives and policies generally direct guest accommodation activity to business zones and some visitor accommodation overlay areas. A resource consent application to establish guest accommodation in a residential zone is likely to be notified and would face challenging objective and policy tests before it could be granted.

District Plan monitoring of compliance

5.4       Compliance with the District Plan rules is the responsibility of the property owner.  The Council’s Regulatory Compliance Team are responsible for monitoring compliance and enforcement when necessary.  There are several technical challenges to enforcement of the rules with respect to guest accommodation in residential units. Most listing websites do not list or track the specific address being listed. They only indicate the general neighbourhood where the unit is located and the address only becomes available when the unit is booked. This makes it difficult to determine how many days each unit is being booked each year and requires considerable resource to track down listings. There are also a number of different websites so a listing taken off one site may be relisted on another. Whole units are sometimes listed by the room and the search features on the websites do not clearly indicate if the owner is present or not, requiring additional research to determine compliance.

5.5       The Regulatory Compliance team responds to complaints or requests for action, with six received in the past 12 months. Staff assess the location and nature of the activity and respond appropriately. For most situations this involves informing the property owner of the requirements they need to comply with to continue operation.

5.6       The Council’s Resource Consents team is unaware of any applications for resource consent being made for single residential unit guest accommodation in residential zones. The cost and complexity of the resource consent application process for this activity relative to the potential returns appears to deter operators from pursuing this option.

Building Act requirements

5.7       The Building Act requires that the owner of a building must give written notice to the territorial authority if the owner proposes to change the use of a building. The Building Regulations 2005 defines when a change of use occurs. Letting out a whole dwelling to be used as a holiday home would not constitute a change of use but a change from either a single dwelling or single household unit to either; multiple household units or transient accommodation (a homestay, boarding house or B&B, when paying guests exceed 5 in number) will result in a change of use. If a change of use is established it may require an upgrade to the building to meet provisions of the building code for such things as fire safety for its new use. This upgrade work would require a building consent.  The requirement for assessment and the assessment itself are dealt with on a case-by-case basis.

Rates treatment

5.8       The Council charges a business rate differential, of plus 66 percent on the general rate, for business premises, including properties used for formal short-term guest accommodation. There are currently no properties used to provide informal short-term guest accommodation known to be paying business rates.  This therefore potentially creates an unequal playing field between the formal and informal accommodation sector. 

5.9       The Council’s rates team have been made aware of the current situation and are considering practicable approaches to apply the business rate to properties being used for short-term guest accommodation.

5.10    The rates team will focus on properties being used for short-term guest accommodation that don’t require resource consent (normally located in a business or mixed use zone) and properties granted resource consent to operate guest accommodation in a residential zone. These matters will be reported to the Finance and Performance Committee before the end of the 2018 calendar year with a view to making appropriate changes for the 2019/ 20 rating year.

Community perceptions

5.11    There is some misunderstanding in the community about the rules that apply to informal short-term accommodation including:

·    Operators of traditional short-term accommodation believe the Council is allowing the informal guest accommodation sector to operate without having to adhere to the rules and requirements the formal sector must comply with. This is not correct – compliance with the District Plan is the responsibility of the property owner and the Council has not provided any dispensations to the informal accommodation sector.  The Council monitors compliance and takes action whenever it becomes aware of a situation where the rules are not being complied with.

·    Operators of informal short-term accommodation may be unaware of the need for resource consent to operate in residential zones in order to comply with District Plan rules and the need to meet any applicable Building Act requirements.  However, this lack of knowledge cannot and should not be used as a convenient excuse for non-compliance.  When informed of the requirements some property owners may believe the Council is being heavy-handed and bureaucratic. Again, the Council is simply applying the District Plan and Building Act requirements.

5.12    Staff have been approached by a group representing hotel, motel, backpackers and camp ground operators (i.e. the formal accommodation sector), who want the Council to promote, monitor and enforce the District Plan rules as they relate to guest accommodation. Staff have also received queries from short-term accommodation providers wondering why some properties are required to have resource consent and others aren’t.

5.13    Staff have updated the information on the regulatory requirements for guest accommodation posted on the website: https://www.ccc.govt.nz/consents-and-licences/resource-consents/general-resource-consent-topics/providing-guest-accommodation/providing-guest-accommodation-via-web-based-platforms.

5.14    A comprehensive communications programme is being prepared to promote awareness and understanding of the District Plan rules and other issues that should be considered by property owners thinking of entering the guest accommodation market. The programme will include simplifying the messaging on the website and targeted communication to key stakeholder groups including booking sites, real estate agents, property developers and known guest accommodation providers that clearly explains the District Plan rules and other considerations owners should be aware of.

Christchurch informal short-term guest accommodation market

5.15    The market share of the informal short-term accommodator sector in Christchurch has grown exponentially since June 2016:

·    The number of rooms in owner-occupied homes listed on Airbnb rose from 58 in June 2016 to 1,434 in December 2017. By 8 February 2018 this had further risen to 2,501 Christchurch listings.

·    The number of entire Christchurch homes listed on Airbnb increased from 54 to 966 from June 2016 to December 2017.

5.16    While Airbnb is the largest online short-term accommodation booking platform, there are platforms offering the same or similar services, and there are likely to be property owners marketing and booking their properties themselves. Properties on other platforms are on top of the Airbnb numbers above, though there could be some overlap with properties being offered on more than one booking platform.

Possible wider impacts

5.17    There are potential benefits and adverse impacts from a significantly increased use of residential homes for short-term accommodation. This is particularly the case where units are predominantly used for accommodation and where the owner is not resident on site. These impacts can include:

·    Reduced availability and increased cost of long-term rental units;

·    House prices may be higher than if all units used for short-term guest accommodation were returned to either the long-term rental market or the pool of houses for sale;

·    Potentially reduced amenity and sense of community for neighbouring properties due to transience of occupants particularly in neighbourhoods where this activity tends to cluster;

·    Reduced demand for traditional accommodation types and any subsequent impact on investment;

·    Increased residential development in some parts of the city specifically targeting this activity – anecdotally this is particularly the case in the area within and adjacent to the four avenues.

What are other councils doing?

5.18    The rapid growth of the informal short-term accommodation sector and its potential impacts on housing affordability, residential amenity and an uneven playing field for other accommodation types has increasingly drawn regulatory scrutiny in jurisdictions around the country. Some councils are developing new approaches to regulating guest accommodation providers through changes to their district plans, regulatory policies and rating policies.

5.19    In general, these approaches seek a balance between enabling reasonable use for property owners wanting to supplement their income by letting their own home for short periods of time and managing the potential impacts of larger-scale quasi-commercial operations where units are let more or less continuously or single hosts let out multiple properties.

Auckland Council

5.20    Auckland Council is proposing a range of regulatory and financial changes to address issues associated with short-term guest accommodation. Depending on the number of days booked, properties where the entire residence is let will be rated as follows:

·      Up to 28 days in the year are booked – rated as residential

·      Between 29 and 135 days in the year are booked – defined as medium-occupancy online accommodation provider – rated 75% residential and 25% business

·      Over 135 days in the year are booked – rated 100% business

 

A graduated approach to business rates will also apply including the proposed targeted rate on accommodation providers to fund the destination marketing activities of ATEED.

Queenstown Lakes District Council

5.21    Queenstown Lakes District Council is proposing similar changes, where short-term guest accommodation can operate without resource consent so long as the activity complies with the following:

·    no more than 28 days per year

·    no more than 3 lets per year

·    less than 8 traffic movements per day with no heavy vehicles and buses.

No minimum stay is imposed and it excludes the use of apartments.

The business rate includes a targeted rate on businesses that funds Destination Queenstown, Arrowtown Tourism and Lake Wanaka Tourism.

 

5.22    These approaches offer examples that could be used by Christchurch City Council as the basis of future changes to the District Plan and / or the rating policies to respond in a measured way to the challenges raised by the advent and growth of the informal short-term guest accommodation sector.

 

Attachments

There are no attachments to this report.

 

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

Gavin Thomas - Principal Advisor Economic Policy

Alison McLaughlin - Policy Planner

Approved By

Helen Beaumont - Head of Strategic Policy

David Griffiths - Head of Planning & Strategic Transport

Brendan Anstiss - General Manager Strategy and Transformation

  


Regulatory Performance Committee

13 June 2018

 

 

10.    Abandoned/Vacant Properties Report

Reference:

18/532528

Presenter(s):

Robert Wright – Head of Building Consenting

 

 

1.   Purpose of Report

1.1       The purpose of this report is to provide advice to the Regulatory Performance Committee on all of the risks and relevant bylaws around abandoned/vacant properties and empty sections.

 

2.   Staff Recommendations

That the Regulatory Performance Committee:

1.         Receive the information in the Abandoned/Vacant Properties report.

 

3.   Key Points

In terms of the risks around abandoned/vacant properties and empty sections, the most obvious risk is the nuisance caused.  In this instance, nuisance can mean a person, thing, or circumstance causing unreasonable interference with the peace, comfort, or convenience of another person. This includes but is not limited to:

·     where any accumulation or deposit of material or thing is in such a state or is so situated as to be offensive or likely to be injurious to health

·     where there exists on any land or premises any condition giving rise or likely to give rise to the breeding of pests or vermin or is suitable for the breeding of pests or vermin, which are capable of causing or transmitting disease

·     where there exists on any land or premises any condition or activity that creates or is likely to create an odour that is objectionable or offensive at or beyond the boundary of the land

·     where any premises, including any accumulation or deposit of any material or thing thereon, are in such a state as to harbour or to be likely to harbour pests or vermin

·     where any premises are so situated, or are in such a state, as to be offensive or likely to be injurious to health and cause loss of amenity.

Other hazards that may exist include:

·     Fire hazard from over grown vegetation

·     Fire hazard from trespass, arson and other criminal activities.

 

In terms of relevant bylaws around abandoned/vacant properties and empty sections, there are currently no Christchurch City Council bylaws that address the matter of concern.

However, a previous report to Council in May 2017 detailing the Council’s response to dealing with “barrier sites” in the central city included, inter-alia, a summary of legislative tools equally available for sites outside of the central city (Attachment A, Central City Regeneration: Tackling Barrier Sites). 

The tools include abatement notice proceedings under the Health Act 1956 and giving notices under section 183 of the Local Government Act 2002 to deal with the removal of fire hazards (note this is soon to be revoked and administered by Fire & Emergency New Zealand).

In addition, for dealing with residential abandoned (dilapidated) buildings, the Council has powers under sections 41 and 42 of the Health Act 1956 to issue cleansing orders, repair notices and closing orders.

Previously, the Council successfully dealt with a partly constructed dwelling considered "an eyesore and concern for neighbours" using the Resource Management Act 1991 (Christchurch City council v Stokes, C081/99).  While in this instance the Court was prepared to make an order for the Council to demolish the dwelling, the process was complex and lengthy.

 

 

Attachments

No.

Title

Page

a

Central City Regeneration: Tackling Barrier Sites - Council - 25 May 2017

29

 

 

Signatories

Author

Robert Wright - Head of Building Consenting

Approved By

Leonie Rae - General Manager Consenting and Compliance

  


Regulatory Performance Committee

13 June 2018

 

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Regulatory Performance Committee

13 June 2018

 

 

11.    Building Consenting Update June 2018

Reference:

18/501775

Presenter(s):

Robert Wright

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is to provide an update for the Committee from the Building Consenting Unit.  Since there was no meeting in May, this update includes information from March and April 2018.   Attachments A and B are the performance reports from the Building Consenting Unit.

 

2.   Staff Recommendations

That the Regulatory Performance Committee:

1.         Receives the information in the Building Consenting Update June 2018 report. 

 

3.   Building Consenting Update

3.1       Earthquake Prone Buildings

At the end of April 2018, there were 614 Christchurch buildings on the national earthquake prone building register.  There were 17 buildings removed from the register during April due to structural strengthening being completed.   Between December 2017 and April 2018, there were 58 133AH notices sent to owners requesting Detailed Seismic Assessment reports to clarify the earthquake prone building status of their buildings.    

Link to the register below: 

http://www.mbie.govt.nz/info-services/building-construction/safety-quality/earthquake-prone-buildings

Stakeholder Engagement

Building Consenting managers meet and collaborate regularly with a variety of key stakeholders including Master Builders, Architects NZ, Housing NZ, and both large and smaller group home builders.

The first edition of this year’s newsletter, Go Ahead, was published on 27 April.  Go Ahead typically contains updates and topical articles, such as new processes, we have introduced and relevant industry information.   It is a useful tool for communicating to our wide ranging stakeholders.  This edition included the new process we have developed for those wishing to ‘stage’ their building consent application – it is anticipated this will be utilised by larger commercial type projects. 

https://ccc.govt.nz/consents-and-licences/news-and-information/go-ahead-april-2018

We have also recently introduced a new process for minor variations (minor amendments to your building consent plans) to make this an easier, faster and more cost efficient experience for our customers.  Link here for more information:

https://www.ccc.govt.nz/consents-and-licences/building-consents/building-consent/change-your-building-consent/

At the end of April, Robert Wright (Head of Building Consenting) attended the Safe and Resilient Building Conference in Wellington and provided a presentation on ‘Understanding the Myriad of Regulation for Safer Buildings’.   https://www.conferenz.co.nz/events/safe-resilient-buildings-conference

 

 

Key Performance Indicators:

March

April

Grant building consents within 20 working days the minimum is to issue 95% of building consents with 19 working days from the date of lodgement.

19 day target nearly reached with 94.7%; legislative requirement of 20 days was achieved at 96.7%. 

19 day target achieved at 96.3%.

Grant code compliance certificates within 20 working days the minimum is to issue 95% of Code Compliance Certificates within 19 working days from the date of lodgement.

19 day target achieved at 99.5%. 

19 day target achieved at 98.5%.

Carry out building inspections in a timely manner – 95% of inspections within three working days. 

19 day target achieved at 99.8%.

19 day target achieved at 99.9%. 

 

3.2       Pre-Application Meetings

There were 51 pre-application meetings held in March, and 50 in April.  

Pre-application meetings are available for projects requiring building consents, resource consents, or both.  Discussions with applicants and / or their representatives are held prior to lodgement of the application and can be especially helpful before or at the design stage.  The meeting(s) will involve as many staff as required (eg a planner, senior inspector, eco-advisor, case manager) to assist applicants with submitting quality applications. 

Our target is that 90% of building consent applications that have had a pre-application meeting are accepted for processing. 

In general, less than 5% are not accepted for processing.  This number can vary depending on the complexity of the application. 

3.3       Building Warrants of Fitness

A building warrant of fitness is a statement signed by the building owner (or owners agent), stating that the requirements of the building’s compliance schedule have been fully complied with in the previous 12 months.

Issued warrants of fitness are regularly audited for accuracy.  By the end of March, 306 audits had been completed, and by the end of April a further 32 audits had been done.  We will exceed the target this year, with only 22 remaining to achieve the benchmark of 360 audits per financial year.

Case Managed Services

The Partnership Approvals team is a paid service provided by the Council, with the team working closely with owners, agents and/or developers, offering guidance and assistance on our processes. 

The team achieved the target of providing 80 case managed hours per week, with 339 hours completed during March and 415 hours in April.   

The Partnership Approvals team issue a customer service survey quarterly.  The most recent survey result of 92.31% is from the quarter ending December 2017.  An updated result will be available after the current quarter results are collated. 

3.4       Customer Satisfaction

Building Consenting have a benchmark of achieving 80% customer satisfaction.  We send short surveys each week to randomly selected customers to gauge and measure this.  The survey is going well, with a good amount of responses coming in.  The responses are providing us with another avenue to address issues and establish a good understanding of where improvements could be made, and where our service is operating well.   Recent and preliminary results for part of April and early May are at 75.35%, just under the benchmark.  Generally customers are satisfied, with most complaints being around fees.

Eco-Design

We receive great feedback from customers for the eco-design service and with 273 assessments completed for the financial year in March, and 300 by the end of April, we are well within our target of 250 assessments per financial year. 

3.9       Trending Data

Attachments C and D are reports showing trending data from 2011 to 2018. 

 

 

 

Attachments

No.

Title

Page

a

Building Consenting Unit Performance Report  March 2018

44

b

Building Consenting Unit Performance Report  April 2018

47

c

Building Consenting Trending Data March 2018

50

d

Building Consenting Trending Data April 2018

52

 

 

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

Robert Wright - Head of Building Consenting

Approved By

Leonie Rae - General Manager Consenting and Compliance

  


Regulatory Performance Committee

13 June 2018

 

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13 June 2018

 

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13 June 2018

 

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13 June 2018

 

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Regulatory Performance Committee

13 June 2018

 

 

12.    Regulatory Performance Committee - Regulatory Compliance Unit Status Report - 13 June 2018

Reference:

18/515283

Presenter(s):

Tracey Weston, Head of Regulatory Compliance

 

 

1.   Purpose of Report

1.1       The purpose of this report is to provide the Regulatory Performance Committee with an update on the Unit's performance against our Key Performance Indicators across the last two months.

2.   Staff Recommendations

That the Regulatory Performance Committee:

1.         Receive the information in the Regulatory Compliance Status report – 13 June 2018.

 

3.   Performance against the Unit’s Key Performance Indicators

3.1       The following data provides a summary of how the Unit is tracking against our Key Performance Indicators for the period from 1 March 2018 – 30 April 2018.

Animal Management

 

Objective and Measure

Target

9.0.1 Percent of priority 1 complaints (aggressive behaviour by dogs and wandering stock) responded to within 10 minutes

Target 95%

Performance commentary for reporting period:

18 priority 1 complaints were received in March and 21 in April. On track to meet target.

Month

No Complaints  Received

No Attended Within 10 Minutes

Percentage Achieved

March 2018

18

18

100%

April 2018

21

20

95%

 

Objective and Measure

Target

9.0.14 Re-inspect properties of dogs classified as dangerous and high risk or menacing to check for compliance

Target 98% per annum

Performance commentary for reporting period:

Dangerous dog classifications – no properties were re-inspected during the March and April period.

Menacing dog classifications – no properties were re-inspected during the March and April period.

Inspections will recommence in May, on track to achieve this target.

 

 

 

 

Objective and Measure

Target

9.0.15 – Provide dog education programmes to community groups and schools

Target 45 education programmes delivered into the community per annum

Performance commentary for reporting period:

For the period, 4 Dog Smart bite prevention programmes were delivered into schools in March and 1 programme was delivered in April.

For the period, 3 Dog Safe educational programmes were delivered to adults in March and 0 programmes were delivered in April.

For the period, 12 Reading to dogs programmes were delivered to children in Libraries during March and 6 were delivered in April.

The year to date figure for all education programmes is currently 152, accordingly the target has been met.

 

Compliance and Investigations

Objective and Measure

Target

9.0.16 – All known earthquake waste demolition storage sites and clean fill sites inspected bi-monthly

Target 95%

Performance commentary for reporting period:

There are currently 21 active sites covered by this performance indicator. The inspections conducted by the Unit have met the bi-monthly frequency target, with 12 inspections occurring in March and 9 occurring in April.

 

Objective and Measure

Target

9.0.17 – Monitor all high risk Resource Management Act consents / permits at least once every six months

Target 95%

Performance commentary for reporting period:

There are currently 10 high risk resource consents that are covered by this performance indicator. The Unit’s monitoring regime ensures that these consents are monitored once every six months at a minimum. We have inspected 100% of these sites and therefore met the 95% target.

 

Objective and Measure

Target

9.0.3 – Investigations into reports of matters that pose a serious risk to public safety are commenced within 24 hours (for Building Act and Resource Management Act matters)

Target – 100%

Performance commentary for reporting period:

A total of 3 complaints were received relating to dangerous buildings for this reporting period. Investigations were initiated within 24 hours for all complaints.  Accordingly this target is on track to be achieved.

Month

Complaints Received

Investigations initiated within 24 hours

Percentage Achieved

March 2018

1

1

100%

April 2018

2

2

100%

 

Objective and Measure

Target

9.0.6 – Investigations where non-compliances of City Plan / Resource Management Act / Building Act and bylaw breaches have been confirmed, at least one written advice regarding corrective action will be issued within 15 working days

Target – 95%

Performance commentary for reporting period:

A total of 908 (472+436) District Plan, Building Act and Bylaw breaches were identified across the relevant period and 419 (233+186) written corrective actions were issued within the 15 day timeframe. Accordingly for this reporting 100% achievement was attained.

 

Objective and Measure

Target

9.0.7 – Minimum percentage of pools inspected annually

Target – 33%

Performance commentary for reporting period:

193 inspections were carried out in March and 155 inspections were carried out in April. On track to meet annual target of 33%.

 

Alcohol Licensing

Objective and Measure

Target

9.0.4 – Inspect all high risk alcohol premises at least twice per year (assessed using risk assessment methodology)

Target – 100%

Performance commentary for reporting period:

Year to date, 23 high risk premises have been inspected of which 20 have been inspected at least twice during the reporting year.  For the reporting period, March and April, 16 high risk premises inspections were completed. On track to meet target.

 

Objective and Measure

Target

9.0.18 New applicants for new On/Off/Club licences attend pre-lodgement meeting to establish sufficiency of application and increase understanding of applicant's obligations in accordance with Act and its supporting regulations – Target 95%

Target – 95%

Performance commentary for reporting period:

For the reporting period, March and April, 28/28 lodgement meetings for new premises applications were completed. Year to date 151/151 lodgement meetings have been completed.  YTD 100% of pre-lodgement meetings have been held. On track to achieve year-end target.

 

 

 

 

Environmental Health

Objective and Measure

Target

9.0.21 – Investigations into reports of matters that pose a serious risk to public health are started within 24 hours (for matters such as Asbestos, P- Labs, contaminated land and Hazardous Substances and New Organisms - HSNO)

Target – 100%

Performance commentary for reporting period:

Target is expected to be met for the year.

Month

No Received

No Attended

Percentage Achieved

March 2018

1

1

100%

April 2018

0

0

100%

 

Objective and Measure

Target

9.0.20 Noise direction notices issued immediately upon first visit and confirmation of “excessiveness”

Target – 95%

Performance commentary for reporting period:

On track to meet the annual target.

Month

No Received

No Attended

Percentage Achieved

March 2018

258

257

99.7%

April 2018

240

237

98.7%

 

Objective and Measure

Target

9.0.8 – Complaints in relation to excessive noise are responded to within one hour

Target – 90%

Performance commentary for reporting period:

Year to date performance is 90% and on track to meet annual target.

Month

No Received

No Attended Within 1 hour

Percentage Achieved

March 2018

862

805

93.4%

April 2018

808

742

91.8%

 

Food Safety

Objective and Measure

Target

9.0.23 – All other Health Licences are inspected bi-annually, such as Hairdressers, Funeral Directors and Camping Grounds

Target – 100%

Performance commentary for reporting period:

There are a total of 150 premises to inspect for this reporting year. Year to date 71 inspections have been conducted. An inspection programme has been established to ensure the remaining sites are inspected. On track to achieve target.

 

 

 

 

Objective and Measure

Target

9.0.24 – Percentage of premises identified as needing to operate a Food Control Plan (FCP) to be registered with a Food Control Plan

Target – 50%

Performance commentary for reporting period:

1827 (out of a total of 2300) premises registered across the relevant period. 105 applications were received during this reporting period. On track to meet annual 50% target.

 

Objective and Measure

Target

9.0.25 Audit / verify Food Control Plans and National Programmes to the requirements of the Food Act 2014

Audit / verifications to be carried out within the statutory timeframe

Performance commentary for reporting period:

Currently meeting target with 964 Food control plans verified.

 

Objective and Measure

Target

9.0.26 Investigate food safety complaints

Target 95% of complaints have an investigation initiated within 2 days

Performance commentary for reporting period:

All complaints received have been allocated and responded to within two working days. 28 complaints were received during this reporting period.

 

Objective and Measure

Target

9.0.27 Monitor food safety and sale in operations that may or may not operate under a Food Control Plan or National Programme

Target to conduct at least one monitoring programme of food operations registered to assess compliance

Performance commentary for reporting period:

The operations of markets and events where food sellers may not be registered is the focus of these events and in the year to date 6 monitoring events have occurred.

 


 

 

Objective and Measure

Target

9.0.5 Inspect registered food premises once per year

Target 75%

Performance commentary for reporting period:

Year to date 73% of premises have been inspected or verified. On track to meet the annual target.

 

 

 

Attachments

There are no attachments to this report.

 

Signatories

Author

Jennifer Steel - Team Leader Compliance Support

Approved By

Tracey Weston - Head of Regulatory Compliance

Leonie Rae - General Manager Consenting and Compliance

  


Regulatory Performance Committee

13 June 2018

 

 

13     Resource Consents Monthly Report - March / April 2018

Reference:

18/445519

Contact:

John Higgins

john.higgins@ccc.govt.nz

941 8224

 

 

1.   Purpose and Origin of Report

1.1       The purpose of this report is to provide a monthly update to the Regulatory Performance Committee with respect to the delivery of resource consent functions. This report covers activity for the months of March and April 2018.

1.2       Attachment A provides graphical information relating to application numbers and performance. Key aspects of that graphical information are also discussed below.

1.3       Attachment B provides a table of key applications.  

1.4       The author will be present at the committee meeting to highlight key areas of the report and answer any questions.

 

2.    Recommendation

That Regulatory Performance Committee:

1.         Receive the information in the Resource Consents Monthly Report – March/April 2018 report.

 

3.   Application Numbers

3.1       Applications received increased from 271 in February to 318 in March.  They decreased in April to 273.  

3.2       While application numbers were tracking around 10% lower than the previous year, they are now forecasted to be only 5% lower. 

3.3       One temporary accommodation application was received in both March and April.  24 District Plan certificates were issued in March and 16 in April.

 

4.   Performance

4.1       98 per cent of applications in both March and April were processed within the statutory timeframe.  This is below the target of 99% but still relatively high compliance with the statutory timeframe.   Analysis of the applications that did exceed the timeframe is being undertaken.

4.2       Complexity of applications remain high.  We are attributing this to the nature of the applications being lodged, there is still some unfamiliarity with the new District Plan, and that the District Plan has introduced some new provisions which have more significant implications such as the High Flood Hazard Management Areas.

5.   List of Significant Applications

5.1       A list of significant applications received and issued is included at Attachment B.

 

 

 

Attachments

No.

Title

Page

a

Attachment A - Key Statistics - March and April 2018

63

b

Attachment B - List of key applications - March and April 2018

72

 

 

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

Leonie Rae - General Manager Consenting and Compliance

  


Regulatory Performance Committee

13 June 2018

 

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13 June 2018

 

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