Agenda of Regulatory Committee

Regulatory Committee - 30 April 2019 - Open Agenda Item 1

Agenda Items

1. Earthquake-Prone Buildings - Identification of Priority Buildings - Consultation

Type of Report:	Legal
Legal Reference:	Building Act 2004
Document ID:	726241
Reporting Officer/s & Unit:	Malcolm Smith, Manager Building Consents

1.1 Purpose of Report

To advise Council of the requirements under the Building Act 2004 in relation to the identification of priority buildings under the earthquake-prone building legislation, and to seek approval to release the draft Statement of Proposal for public submissions prior to adoption by Council.

Officer’s Recommendation

The Regulatory Committee:

a. Approve the release of the draft Statement of Proposal for public submissions.

Chairperson’s Recommendation

That the Council resolve that the officer’s recommendation be adopted.

1.2 Background Summary

A national system for identifying, assessing and managing earthquake-prone buildings came into effect on 1 July 2017. It targets buildings or parts of buildings that pose the greatest risk to public safety and other property in a moderate earthquake. The system categorised New Zealand into three seismic risk areas: high, medium and low. It sets timeframes, based on the seismic risk area, for identifying potentially earthquake-prone buildings and doing seismic work on them. It also provides information for people using earthquake-prone buildings, such as notices identifying earthquake-prone buildings and a public register.

Priority Buildings

The new system introduced the concept of ‘priority buildings’. These are certain types of buildings in high and medium seismic risk areas that are considered to present a higher risk to life or other property because of their construction, type, use or location. Priority buildings need to be identified and remediated within half the time allowed for other buildings in the same seismic risk areas. Certain hospital, emergency and education buildings are prioritised in the Building Act 2004 because they are likely to be needed in an emergency or are regularly occupied by more than 20 people. Other buildings, such as unreinforced masonry (URM) buildings, may be considered a priority because, in an earthquake, parts of the building could fall onto thoroughfares with high pedestrian and vehicle traffic.

These buildings and routes of strategic importance onto which buildings may fall must be identified with community input.

Napier has been categorised as a high seismic risk area. This means that the Council must identify priority buildings within two and a half years and other potentially earthquake-prone buildings within five years of the new legislation coming into effect on 1 July 2017.

The effect of this is that priority buildings in Napier must be identified by 31 December 2019. Affected building owners will be contacted by the Council and must strengthen or demolish priority buildings within seven and a half years and other earthquake-prone buildings within 15 years.

1.3 Issues

Given that this is a legislative requirement there are no real issues for Council however owners of buildings identified as priority buildings will only have seven and a half years to strengthen or demolish their buildings. Depending on the number of priority buildings there may be issues around the capacity of structural engineers and building contractors to carry out the required work.

It should also be noted there is now a legislative requirement to issue earthquake-prone building notices and for these notices to be attached to the building. Although not part of the public submission process, it is flagged that there may be a potential impact of these notices on Art Deco tourism activities.

1.4 Significance and Engagement

This Statement of Proposal (Attachment A) has significance for owners of buildings identified as priority buildings and the owners of businesses that operate from them.

The Building Act 2004 requires that the Council must use the special consultative procedure:

a. to identify any part of a public road, footpath, or other thoroughfare in an area of medium or high seismic risk-

i. onto which parts of an unreinforced masonry building could fall in an earthquake; and

ii. that has sufficient vehicle or pedestrian traffic to warrant prioritising the identification and remediation of those parts of unreinforced masonry buildings.

b. for the purpose of prioritising buildings that could impede a strategic transport route.

1.5 Implications

Financial

There will be limited additional expenditure required to employ a retired Napier City Council Building Consents Officer to identify potentially earthquake-prone buildings and priority buildings as there is currently no capacity within the team to carry out this work. It is anticipated that the additional expenditure will be able to be accommodated within existing budgets.

Social & Policy

N/A

Risk

There is a risk that we won’t meet our legislative requirements around identifying priority buildings if we delay going out for public submissions.

1.6 Options

The options available to Council are as follows:

a. Approve the release of the draft Statement of Proposal for public submissions

b. Amend the draft Statement of Proposal prior to release for public submissions

1.7 Development of Preferred Option

The draft Statement of Proposal has been prepared in line with legislative requirements. The four week period for submissions will commence 6 May 2019 and run through until 31 May 2019. All submissions received will be provided in a report brought to the Regulatory Committee scheduled for 11 June 2019. Should any submitters wish to be heard, this will take place at the same meeting, followed by deliberations on all submissions.

1.8 Attachments

a Draft Statement of Proposal ⇩

Regulatory Committee - 30 April 2019 - Open Agenda Item 2

2. Street Naming - 250 Guppy Road Taradale Napier

Type of Report:	Procedural
Legal Reference:	N/A
Document ID:	723801
Reporting Officer/s & Unit:	Paul O'Shaughnessy, Team Leader Resource Consents

2.1 Purpose of Report

The purpose of this report is to obtain Councils approval for one new street name to replace a previously approved street name within the recently approved residential subdivisions at 250 Guppy Road. The street in question has already been subject to a previous street name approval by Council (Chue Court), however a mistake by the developer has led to a request for a re-naming to Gee Place.

Officer’s Recommendation

The Regulatory Committee:

a. Approve one new street name at 250 Guppy Road as follows:

· Gee Place-250 Guppy Road

b. That a DECISION OF COUNCIL is required urgently as Council have recently issued Section 224 certification for the subdivision at 250 Guppy Road and the developers require certainty for the purposes of marketing, physical street naming and property addressing.

Chairperson’s Recommendation

That the Council resolve that the officer’s recommendation be adopted.

2.2 Background Summary

In September 2017 Council granted subdivision scheme plan approval (Resource Consent) for two subdivisions at 240 and 250 Guppy Road as follows:

· 240 Guppy Road-42 residential lots, one road to vest in Council and one private access leg/right-of-way

· 250 Guppy Road-31 residential lots, one road to vest and one access leg/right-of-way

In May 2018 Council approved two street names for 240 and 250 Guppy Road as follows:

· Young Place-240 Guppy Road

· Chue Court-250 Guppy Road

The development at 240 Guppy Road is progressing.

Subsequent to this initial street naming it was realised that a mistake had been made by the developer in the street name for 250 Guppy Road and that the use of the name ‘Chue’ was incorrect and that the name should in fact be ‘Gee’. This mistake was identified by the Gee Family who explained that although Chue is their parents legal surname, they did adopt and use the name Gee for day-to-day use. Part of the sale and purchase negotiations did include an undertaking from the developer to use the Gee name as part of their street naming.

(The attachments provide an overall aerial photograph of the subject site, written confirmation from the Gee family and the developer requesting the use of Gee name and a scheme plan layout of the subdivision and road layout for 250 Guppy Road)

1.3 Issues

The street ‘re-naming’ request originates from a mistake made by the developer during the initial naming process in May 2018. The use of the name Chue was inadvertently put forward rather than Gee for 250 Guppy Road.

It is considered that the use of Gee is appropriate given the Gee Family links to the site and the wider Taradale area. The name does not replicate any other street names in either Napier, Hastings or the wider Hawkes Bay region.

The name Gee Place is considered to comply with the ‘Australia/New Zealand Standard for Rural and Urban Addressing’, both in terms of the use of the word ‘Gee’ and the term ‘Place’ which denotes a short street culminating in a cul-de-sac.

2.4 Significance and Engagement

The use of the Gee name is considered appropriate in this street naming for the following reasons:

· The Gee family have had a long history with 250 Guppy Road

· Yick Hon Gee (now deceased) and Shirley Sau Ling Gee resided in the Taradale community for 60 plus years, running successful business ventures and contributing to the community

· The Gee family have requested and support the use of their family name

2.5 Implications

Financial

The introduction of a new street name requires Council to update their information systems, advise Land Information new Zealand, emergency services, utility operators and to erect street signs (at the developers cost). All of these tasks can be achieved under current staffing levels and within budgetary constraints.

Social & Policy

N/A

Risk

The Gee family are aware of and support the use of their family name. This street naming is not considered to require consultation by Councils Maori Consultative Committee and no risk is envisaged by the use of the Gee name.

2.6 Options

The options available to Council are as follows:

a. Adopt the street name as proposed by the developer and the Gee family

b. Adopt an alternative street name

2.7 Development of Preferred Option

The developer has requested the use of the name Gee and this is supported by the Gee Family. The Gee name is not currently replicated elsewhere in street names in Napier, Hastings or the wider Hawkes bay region. The Gee name is considered appropriate given the Gee family links to 250 Guppy Road and their long association with the wider Taradale community.

2.3 Attachments

a Street Naming-250 Guppy Road ⇩

Regulatory Committee - 30 April 2019 - Open Agenda

Regulatory Committee

Open Minutes

Meeting Date:	Tuesday 19 February 2019
Time:	4.32pm-4.43pm
Venue	Large Exhibition Hall Napier Conference Centre Napier War Memorial Centre Marine Parade Napier

Present

Councillor Jeffery (In the Chair), Mayor Dalton, Councillors Boag, Brosnan, Dallimore, Hague, McGrath, Price, Tapine, Taylor, White, Wise and Wright

In Attendance

Director Infrastructure Services, Director Community Services, Director City Services, Director City Strategy, Manager Communications and Marketing, Chief Financial Officer, Strategic Planning Lead

Stephanie Kennard, Napier City Business Inc.

Administration

Governance Team

Apologies

Nil

Conflicts of interest

Nil

Public forum

Nil

Announcements by the Mayor

Nil

Announcements by the Chairperson

Nil

Announcements by the management

Nil

Confirmation of minutes

Councillors Jeffery / Taylor

That the Minutes of the meeting held on 13 November 2018 were taken as a true and accurate record of the meeting.

Carried

Agenda Items

1. NCC and Napier City Business Inc Events 2019

Type of Report:	Procedural
Legal Reference:	Local Government Act 2002
Document ID:	694616
Reporting Officer/s & Unit:	Fleur Lincoln, Strategic Planning Lead

1.1 Purpose of Report

The purpose of this report is to obtain a resolution of Council to allow trading in a public place to occur at Napier City Council and Napier City Business Inc events in Napier city until the end of October 2019.

At the Meeting

The Strategic Planning Lead spoke to the report. In response to questions from Councillors she confirmed that in some cases ‘beverages’ will include alcoholic beverages; however, events held within public spaces would be required to meet the Joint Alcohol Strategy and the Alcohol Decision Matrix. In some cases, establishments will have their own liquor licensing. To provide Council with some certainty in this area the following points were noted in addition to those already in the officer’s report:

1.2 Background Summary

Criteria 9 should include: ‘If alcohol is to be sold at the event, the usual liquor licensing requirements also apply.’

A new Criteria 10 should be added as follows: ‘Any sale of alcohol must be consistent with the Joint Alcohol Strategy and the Alcohol Decision Matrix.’

It was also clarified that consideration had been given as to how to minimise waste from events or whether to host a waste-free event. Officers confirmed that how waste is to be addressed would be included in future reports to Council regarding events, but noted that while fully waste free events are the preference, Council cannot guarantee this will be achieved for all events.

In response to a Councillor’s request to put monitoring and feedback in place after events, the Director City Strategy noted that this decision is required to enable the approval process only. Mechanisms are already in place to monitor events and provide feedback to Council.

For clarity, an amendment was proposed to specify alcoholic beverages in the motion.

Officer’s Recommendation

That the Regulatory Committee:

a. Approve the sale of food and beverages to the public on public land within the city centre as part events held by either Napier City Council or Napier City Business Inc until the 31^st October 2019.

Substantive motion

Committee's recommendation

Councillors Boag / Tapine

That the Regulatory Committee:

a. Approve the sale of food and beverages, including alcoholic beverages, to the public on public land within the city centre as part events held by either Napier City Council or Napier City Business Inc until the 31^st October 2019.

Carried

The meeting closed at 4.43pm.

Approved and adopted as a true and accurate record of the meeting.

Chairperson .............................................................................................................................

Date of approval ......................................................................................................................

Committee Members	Councillor Jeffery (In the Chair), Acting Mayor White, Councillors Boag, Brosnan, Dallimore, Hague, McGrath, Price, Tapine, Taylor, Wise and Wright
Officer Responsible	Director City Strategy
Administration	Governance Team
	Next Regulatory Committee Meeting Tuesday 11 June 2019

Meeting Date:	Tuesday 30 April 2019
Time:	3pm
Venue:	Council Chamber Hawke's Bay Regional Council 159 Dalton Street Napier