Bylaws Hearings Panel

Agenda

 

 

Notice of Meeting:

A Hearings Panel meeting will be held on:

 

Date:                                     Monday 16 October 2017

Time:                                    9am

Venue:                                 Boardroom
Fendalton Service Centre
Corner of Clyde and Jeffreys Road
Christchurch

 

 

Panel

Members

Deputy Mayor Andrew Turner

Councillor David East

Councillor Glenn Livingstone

 

 

16 October 2017

 

 

 

 

 

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

16 October 2017

 

 

 


Hearings Panel

16 October 2017

 

TABLE OF CONTENTS

 

1.       Apologies................................................................................................................................... 5  

2.       Election of a Chairperson......................................................................................................... 5

STAFF REPORTS

3.       Staff Report to the Hearings Panel on the Proposed Amendments to the General Bylaw 2008.................................................................................................................................................... 7

4.       Staff Report to the Hearings Panel on the Proposed Traffic and Parking Bylaw 2017 .... 21

5.       Staff Report to the Hearings Panel on the Proposed Marine, River and Lake Facilities Bylaw 2017.......................................................................................................................................... 85

6.       Staff Report to the Hearings Panel on the Proposed Stock on Roads Bylaw 2017......... 105

7.       Volumes of Submissions....................................................................................................... 133   

8.       Hearing of Submissions......................................................................................................... 341

9.       Hearing Panel Consideration and Deliberation.................................................................. 341 

 

 

 


Hearings Panel

16 October 2017

 

 

1.   Apologies

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

2.   Election of Chairperson   


Hearings Panel

16 October 2017

 

 

3.        Staff Report to the Hearings Panel on the Proposed Amendments to the General Bylaw 2008

Reference:

17/1081172

Contact:

Ruth Littlewood

Ruth.Littlewood@ccc.govt.nz

941 5574

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is to present to the Hearings Panel the results of the public consultation on the proposed amendments to the Council’s 2008 General Bylaw.

Origin of Report

1.2      This report results from the resolution of the Council on 3 August 2017 to consult the public on amendments to the General Bylaw 2008.

2.   Staff Recommendations

2.1       That the Hearings Panel considers the results of the consultation process which resulted in four submissions being lodged, all in support to the proposed changes to the bylaw.

 

2.2       That the Hearings Panel report the outcome of this process and that the panel recommend that the Council adopt the proposed amendments to the General Bylaw 2008.

3.   Background

3.1       On 3 August 2017 the Council considered a report from the Regulatory Performance Committee meeting of 26 July 2017. The report recommended to progress a consultation and hearings process in relation to the proposed amendments to the Council’s 2008 General Bylaw.

4.   Consultation

4.1       Public consultation has been undertaken, as part of which the consultation booklet appended as Attachment A was publicly circulated online.

 

4.2       A total of four submissions were received from the Coastal-Burwood Community Board Submissions Committee, the Linwood-Central-Heathcote Community Board, the Halswell-Hornby-Riccarton Community Board and the Fendalton-Waimairi-Harewood Community Board.

 

4.3       All four submissions were in support of the changes.

 

5.   Process

5.1       The Hearings Panel shall hear and consider the submissions on the proposed amendments to the General Bylaw 2008.

 

5.2       The Hearings Panel shall report their findings to the Council.

 

 

Attachments

No.

Title

Page

a

Proposed Amendments to the General Bylaw 2008 - Consultation Booklet

9

 

 

Signatories

Author

Ruth Littlewood - Senior Policy Analyst

Approved By

Helen Beaumont - Head of Strategic Policy

 


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16 October 2017

 


 

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4.        Staff Report to the Hearings Panel on the Proposed Traffic and Parking Bylaw 2017

Reference:

17/1084464

Contact:

Ruth Littlewood

Ruth.littlewood@ccc.govt.nz

941 5744

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is to set out the results of consultation on the proposed Traffic and Parking Bylaw 2017.

1.2       The report supports the Hearings Panel hearing submissions on the proposed replacement bylaw, deliberating on those submissions, and reporting back to Council on the final form of the proposed bylaw.

Origin of Report

1.3       This report results from the resolution of Council on 3 August 2017 to undertake public consultation on the proposed replacement Traffic and Parking Bylaw 2017.

2.   Staff Recommendations

1.         That the Hearings Panel considers the results of the consultation process, which are appended to this report, and in doing so hears any submissions.

2.         That the Hearings Panel reports the outcome of that process and the submissions received to the Council for a decision on the final form and adoption of the proposed Traffic and Parking Bylaw 2017.

3.      Background

3.1       On 3 August 2017, Council considered a report from the Regulatory Performance Committee (meeting of 26 July 2017) about the review of the Traffic and Parking Bylaw 2008 and Speed Limits Bylaw 2010 which recommended the proposed replacement bylaw (the Traffic and Parking Bylaw 2017) for adoption for public consultation.

3.2       The current bylaws were reviewed in accordance with the Council’s ten-year timetable for co-ordinating the review of bylaws across Council, and the requirements of the Local Government Act 2002. The proposed replacement bylaw would revoke and replace the current bylaws.

3.3       Public consultation on the proposed replacement bylaw was undertaken between 21 August and 25 September 2017. Seventy-six submissions were received:

·   From all seven community boards

·   From seven business and residents’ associations

·   From 62 individuals.

3.4       Of the submitters:

·   26 were fully in support of the bylaw,

·   50 submitters had concerns about or opposed one or more clauses including:

-      23 submitted on Clause 22 ‘Restricting vehicles on unformed road’;

-      15 submitted on Clause 12 ‘Motorhomes, immobilised vehicles and trailers’

-      10 submitted on Clause 11 ‘No parking on certain parts of roads’ primarily relating to parking on berms; and

-      10 submitted on clause 14 ’Parking for display or advertising’ primarily relating to the parking of cars on the road to display them for sale.

3.5       A summary of each submission is attached to this report together with brief staff comments. Additional staff comments and advice on issues raised in submissions will be provided during deliberations. Some of the main themes and concerns raised by submissions, overall, were as follows:

·   Many of the 26 submissions fully in support of the bylaw did not provide reasons.  Reasons that were given for support included: parking on berms causes damage and ‘if signage can be reduced this is a very positive outcome’; ‘roads are public places and if people cannot store their own vehicles on their own property, they should be looking at leasing arrangements elsewhere’ and submitted that using roads for advertising or display affected amenity, safety and the availability of parking spaces for other ‘legitimate’ activities.

·   Most of the 23 submitters on Clause 22 were concerned primarily or only with this clause.  They are concerned that the clause would allow the Council to prevent 4-wheel drivers from accessing legal roads without the Council consulting them or having a good reason for the restriction.  Having considered these submissions, staff recommend an additional explanatory note to this clause to clarify that before the Council can restrict access it needs to consult the community and to take on board the views of affected parties including all recreational users of the road.

·   In terms of submissions which opposed clauses (other than Clause 22) the main themes of the submissions included that the bylaw is unduly restrictive, fails to take into account the geography and settlement pattern of Lyttelton and the hill suburbs, is difficult to enforce, does not recognise that property owners have certain rights to park vehicles on the road outside their properties.

·   A number of submissions relate to matters outside the bylaw, such as the impact of the ‘accessible city’ programme on the central city.

 

Attachments

No.

Title

Page

a

Proposed Traffic and Parking Bylaw 2017 - Consultation Booklet

23

b

Proposed Traffic and Parking Bylaw 2017 - Summary of Submissions Table

61

 

 

Signatories

Authors

Ruth Littlewood - Senior Policy Analyst

Libby Elvidge - Policy Analyst

Approved By

Helen Beaumont - Head of Strategic Policy

 


Hearings Panel

16 October 2017

 


 


 

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5.        Staff Report to the Hearings Panel on the Proposed Marine, River and Lake Facilities Bylaw 2017

Reference:

17/1084510

Contact:

Teena Crocker

Teena.Crocker@ccc.govt.nz

941 8851

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is to set out the results of consultation on the proposed Marine, River and Lake Facilities Bylaw 2017.

1.2       The report supports the Hearings Panel hearing submissions on the proposed replacement bylaw, deliberating on those submissions, and reporting back to Council on the final form of the proposed bylaw.

Origin of Report

1.3       This report results from the resolution of Council on 1 June 2017 to undertake public consultation on the proposed replacement Marine, River and Lake Facilities Bylaw 2017.

2.   Staff Recommendations

1.         That the Hearings Panel considers the results of the consultation process, which are appended to this report, and in doing so hears any submissions.

2.         That the Hearings Panel reports the outcome of that process and the submissions received to the Council for a decision on the final form and adoption of the proposed Marine, River and Lake Facilities Bylaw 2017.

3.      Background

3.1       On 1 June 2017, Council considered a report from the Regulatory Performance Committee (meeting of 10 May 2017) about the review of the Marine and River Facilities Bylaw 2008, which recommended the proposed replacement bylaw (the Marine, River and Lake Facilities Bylaw 2017) for adoption for public consultation.

3.2       The proposed replacement bylaw was developed as a result of the review of the current bylaw, the Marine and River Facilities Bylaw 2008.  The current bylaw was reviewed in accordance with the Council’s ten-year timetable for co-ordinating the review of bylaws across Council, and the requirements of the Local Government Act 2002. The proposed replacement bylaw would revoke and replace the current bylaw.

3.3       Public consultation on the proposed replacement bylaw was undertaken between 3 July and 6 August 2017. Hearings were delayed to align with other bylaw consultations being considered by the Hearings Panel. 

3.4       Thirteen submissions were received. 

·   Three from community boards (Banks Peninsula, Fendalton-Waimairi-Harewood and Linwood-Central-Heathcote);

·   One from central government (Department of Conservation);

·   One from local government (Environment Canterbury, Harbour Master);

·   Two from organisations (Akaroa Civic Trust and Canterbury Windsports Association);

·   Two relating to businesses (Akaroa Salmon and an individual, Hamish Menzies (aquaculture)); and

·   four from individuals (Coll Harvey, Evan Price, Pat McIntosh and Martin Harris)

3.5       Of the submitters:

·   four supported the proposed bylaw;

·   four generally supported it, but had some concerns;

·   three had some concerns; and

·   two did not support the proposed bylaw.

3.6       Of the concerns raised by submitters, the main themes included:

·   encroachment of built structures over Akaroa Main Wharf and the preservation of accessible public space (two submitters);

·   the continuation of access for commercial aquaculture activities in relation to marine facilities (two submitters); and

·   the continuation of free access to estuary facilities for windsport club and training events (two submitters).

3.7       Wider issues (including operational matters) were also raised by submitters, including:

·   ensuring a balance between commercial use and recreational access (including passive recreation);

·   monitoring of overnight mooring at Akaroa Main Wharf;

·   removal of un-used structures off-season at or near Akaroa Main Wharf;

·   public safety in relation to commercial refuelling at Akaroa Main Wharf;

·   aligning approvals for events between Environment Canterbury and the Council (the Harbour Master has a role in approving events taking place on the water);

·   how approvals and permissions will be decided in relation to commercial use and access for existing aquaculture operations;

·   concerns about the potential for fees to be charged; and

·   alignment of regulatory signage on or near marine facilities (Department of Conservation).

 

 

Attachments

No.

Title

Page

a

Proposed Marine, River and Lake Facilities Bylaw 2017 - Consultation Booklet

88

b

Summary of submissions on the proposed bylaw

100

 

 

Signatories

Author

Teena Crocker - Senior Policy Analyst

Approved By

Helen Beaumont - Head of Strategic Policy

 


Hearings Panel

16 October 2017

 


 


 


 


 


 


 


 


 


 


 


 


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6.        Staff Report to the Hearings Panel on the Proposed Stock on Roads Bylaw 2017

Reference:

17/1084486

Contact:

Teena Crocker

Teena.Crocker@ccc.govt.nz

941 8851

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is to set out the results of consultation on the proposed Stock on Roads Bylaw 2017.

1.2       The report supports the Hearings Panel hearing submissions on the proposed replacement bylaw, deliberating on those submissions, and reporting back to Council on the final form of the proposed bylaw.

Origin of Report

1.3       This report results from the resolution of Council on 3 August 2017 to undertake public consultation on the proposed replacement Stock on Roads Bylaw 2017.

2.   Staff Recommendations

1.         That the Hearings Panel considers the results of the consultation process, which are appended to this report, and in doing so hears any submissions.

2.         That the Hearings Panel reports the outcome of that process and the submissions received to the Council for a decision on the final form and adoption of the proposed Stock on Roads Bylaw 2017.

3.      Background

3.1       On 3 August 2017, Council considered a report from the Regulatory Performance Committee (meeting of 26 July 2017) about the review of the Stock Control Bylaw 2008, which recommended the proposed replacement bylaw (the Stock on Roads Bylaw 2017) for adoption for public consultation.

3.2       The current bylaw was reviewed in accordance with the Council’s ten-year timetable for co-ordinating the review of bylaws across Council, and the requirements of the Local Government Act 2002. The proposed replacement bylaw would revoke and replace the current bylaw.

3.3       Public consultation on the proposed replacement bylaw was undertaken between 21 August and 25 September 2017. Eighteen submissions were received:

·   four from community boards (Banks Peninsula, Coastal-Burwood, Halswell-Hornby-Riccarton and Fendalton-Waimairi-Harewood)

·   one from an organisation (Federated Farmers)

·   eleven from farmers / farm businesses / farming families (Keith Vogan, Hamish Vogan, and Jon Clarke; Ian Richardson; Gavin Marshall; Ruth and Mike Williams; Phillip Waghorn; Doug Templeman; Victoria, James and George Howden; David and Sandra Innes, Glen and Rachael Court; David Carter; Tim Coop)

·   two from individuals (Wendy Murray and Ian Murray).

3.4       Of the submitters:

·   two supported the proposed bylaw;

·   eight generally supported it, but had some concerns;

·   four had some concerns; and

·   four did not support the proposed bylaw.

3.5       A summary of each submission is attached to this report. Staff comments and advice on issues raised in submissions will be provided during deliberations. The main themes and concerns raised by submitters, overall, were as follows:

·   Several submitters made general comments on any regulation of these issues needing to be practical, simple and cost effective, and emphasised the need to balance risk and cost, and that the bylaw should not create unnecessary work, nor should it involve considerable or unreasonable costs to farmers.

·   Many submitters stated that moving stock along roads is necessary, and many farms have several land parcels separated by road, requiring regular use of the road to move stock.

·   Several submitters were concerned about cow manure on the road, and a specific, long-running situation that was causing them and others frustration. They emphasised the dangers to motorists and cyclists from the slippery road surface, the damage to the paintwork on cars, and the degradation of the road surface. They hope the new bylaw will see some effective means to address these concerns. Conversely, one submitter did not believe dairy cows were different to any other stock, as all stock present a traffic hazard.

·   One submitter suggested changing any references to dairy cows to ‘in-milk cows’, as, if not in-milk, they were the same as beef cattle in their impact on the road (in terms of manure).

·   Some submitters were concerned about the lack of detail in the bylaw, specifically around:

·     who would be undertaking assessments, and whether they would be familiar with Peninsula roads, farming practices and traffic management;

·     the inclusion of the clause on fees, and whether this would be activated, and if so, what the fees might be;

·     how long any permissions would need to be planned and applied for in advance, with most indicating that it needed to be practical, as stock movements may need to occur at short notice, and can change for many reasons (including the weather, availability of staff, shearing schedules, availability of stock transportation, etc); and

·     how long any permissions would last for (some suggested three years, one suggested ten years).

·   Some submitters seemed to think that the proposed bylaw required every stock movement to get permission; however, this is not what was proposed. 

·     Most stock movements along most rural roads would not need permission, and would need to comply with the standard conditions set out at the end of the bylaw. 

·     The requirement for an assessment applies to the movement of dairy cows, non-standard stock, or movements along roads classified as ‘restricted’. 

·     Restricted roads are those that have been assessed as higher risk, such as known tourist routes, or roads with higher operating speeds or higher traffic volumes.

·     An assessment is needed to determine the specific risks and ways of managing risks, with three possible outcomes: (1) the need for a permit, with conditions, or (2) the need for a traffic management plan, or (3) the risk may not be able to be sufficiently mitigated, in which case the stock may need to be moved without impacting on the road (such as transporting the stock in a vehicle).

·   Many submitters agreed with the use of high-visibility clothing, with many also indicating they already use high-vis vests. One submitter argued the specific detail in the definition for high-vis was unnecessary. 

·   Most indicated that they carefully chose the time of day, or day of the week, for stock movements, based on expected road use. 

·   Some submitters agreed that pilot vehicles should be used and were business as usual for them. However, several submitters argued that the requirement for pilot vehicles was too onerous, and:

·     that the requirements needed to be flexible and practical;

·     that it was not necessary on many Peninsula roads (especially one-lane roads);

·     that walking or horse-riding (rather than a driving vehicle) was adequate (though one questioned how the sign requirement would be met in these instances); and

·     that hazard lights should be adequate.

3.6       In relation to the need for pilot vehicles, one submitter argued that flock / herd numbers need to be considered, based on the NZTA stock droving document. It lists flock / herd size as a risk factor (with less than 25 being low risk, up to 50 medium, and over 50 high risk). The submitter suggested this had not been taken into account in preparing the requirement in the proposed bylaw for pilot vehicles for all stock movements along roads.

3.7       Some submitters made specific comments or requests about roads listed as restricted, including:

·   Teddington Diamond Harbour Rd;

·   Governors Bay-Teddington Road;

·   Pigeon Bay Road (two submitters / four people);

·   one submitter argued some roads on the list cannot be driven at high speed, and should be removed, including “Little Akaloa Road and probably all the Bay roads”;

·   one submitter generally commented that: travelling speed on the single lane Peninsula roads is such that it is very easy for road users to see and take appropriate action when they come across stock and that road users expect to come across stock, and are very respectful.

3.8       One submitter was concerned about the clause on damage to roads, asking how damage from stock could be distinguished from damage from other road users, such as logging trucks.

3.9       Several submitters opposed the need for permission for grazing roadside verges, arguing this is a benefit to the Council (reducing maintenance / roadside mowing).

3.10    Wider issues (including operational matters) were also raised by submitters, including:

·   the need for a local enforcement officer, who can attend as situations are occurring on Banks Peninsula roads;

·   that officers responsible for assessing applications have appropriate farming knowledge, familiarity with Peninsula roads, and traffic management knowledge; and

·   that there needs appropriate resourcing of communication and support for farmers when implementing the new bylaw, and the need for effective enforcement.

 

Attachments

No.

Title

Page

a

Proposed Stock on Roads Bylaw 2017 - Consultation Booklet

109

b

Summary of submissions on the proposed bylaw

127

 

 

Signatories

Author

Teena Crocker - Senior Policy Analyst

Approved By

Helen Beaumont - Head of Strategic Policy

 


Hearings Panel

16 October 2017

 

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7.        Volumes of Submissions

Reference:

17/1193698

Contact:

Mark Saunders

Mark.Saunders@ccc.govt.nz

941 6436

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is to collate, and recommend that the Hearings Panel accept, the written submissions, including the late submissions, received in response to the consultations on the:

·    Proposed Amendments to the General Bylaw 2008

·    Proposed Traffic and Parking Bylaw 2017

·    Proposed Marine, River and Lake Bylaw 2017

·    Proposed Stock on Roads Bylaw 2017

1.2       A volume of submissions received from submitters who wish to be heard in person by the Hearings Panel, or who no longer wish (or are unavailable) to be heard in person, is appended as Attachment A.

1.3       A volume of submissions received from submitters who do not wish to be heard in person is appended as Attachment B.

1.4       Three late submissions were received in response to the public consultation on the Proposed Traffic and Parking Bylaw 2017; these have been included within the volumes of submissions.

2.   Staff Recommendation

 

It is recommended that the Hearings Panel accept the written submissions included in the volumes of submissions, including the late submissions received from the following submitters:

 

Submission No

Submitter

7137

Max Barnes

7103

Papanui-Innes Community Board – Ali Jones

7064

Orion – Joanne Pacey

 

 

Attachments

No.

Title

Page

a

Volume of Heard and No Longer Wish to be Heard Submissions

135

b

Volume of Not Heard Submissions

225

 

 

Signatories

Author

Mark Saunders - Committee and Hearings Advisor

Approved By

Mark Saunders - Committee and Hearings Advisor

 


Hearings Panel

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8.    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 and No Longer Heard Submissions”, which is included above as Attachment A to Item 7.

 

 

 

9.    Hearings Panel Consideration and Deliberation