Regulatory Committee

Open Agenda

 

Meeting Date:

Tuesday 23 July 2019

Time:

3pm

Venue:

Council Chamber
Hawke's Bay Regional Council
159 Dalton Street
Napier

 

 

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

 

 

 

 


Regulatory Committee - 23 July 2019 - Open Agenda

ORDER OF BUSINESS

Apologies

Mayor Dalton

Conflicts of interest

Public forum

Nil

Announcements by the Acting Mayor

Announcements by the Chairperson

Announcements by the management

Confirmation of minutes

That the Minutes of the Regulatory Committee meeting held on Tuesday, 11 June 2019 be taken as a true and accurate record of the meeting.......................................................... 61

Agenda items

1      Adoption of the Draft Stormwater Bylaw 2019 for Public Consultation......................... 3

2      Delegation to Chief Executive to Approve Liquor Bans for Large Events................... 20

3      Hastings District and Napier City Council's Joint Local Alcohol Policy (LAP)............. 22

4      City Strategy Regulatory Activity Report - 4th Quarter............................................... 53  

Public Excluded

Nil  


Regulatory Committee - 23 July 2019 - Open Agenda                                                                                                                                                                            Item 1

Agenda Items

 

1.    Adoption of the Draft Stormwater Bylaw 2019 for Public Consultation

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

772829

Reporting Officer/s & Unit:

Cameron Burton, Manager Environmental Solutions

Kim Anstey, Planner Policy/Analyst

 

1.1   Purpose of Report

To seek Council approval of the draft Napier City Council Stormwater Bylaw 2019, the accompanying Statement of Proposal and to authorise officers to commence the special consultative procedure for adopting the bylaw.

 

Officer’s Recommendation

The Regulatory Committee:

a.   Confirm, in accordance with Section 155 of the Local Government Act 2002, that a Stormwater Bylaw is the most appropriate way of addressing the issues of:

i.          Protection of the public stormwater system, and the land, structures, and infrastructure associated with that network from damage, misuse or loss.

ii.         The ability to manage the development, maintenance and use of the public stormwater network, and the land, structures, and infrastructure associated with that network, and provide for the conditions on which connections to the public stormwater network may be made or maintained.

iii.         Ensuring that discharges into the public stormwater network are appropriately managed, and do not damage the network or compromise the Council’s ability to comply with any applicable network discharge consent and Council’s water quality targets.

b.   Approve the review of the Draft Napier Stormwater Bylaw 2019 and the Statement of Proposal, and;

c.   Authorise Officers to proceed with public notification and the special consultative procedure as prescribed in the Local Government Act for adopting a bylaw.

 

Chairperson’s Recommendation

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

 

1.2   Background Summary

        Napier City Council first adopted a Stormwater Bylaw on 12 December 2012. At this time, Council determined under Section 155 of the Local Government Act (LGA) that a bylaw was the most appropriate way of addressing the issue of stormwater contamination and the issue of unlawful damage or alteration to our network. Council is required to confirm this determination at each bylaw review.

        The bylaw is a key tool to assist Council in adhering to Stormwater Discharge Permit Conditions issued by the Hawke’s Bay Regional Council.  The current bylaw has given Council the ability to:

·  Control the discharge of contaminants into the stormwater network

·  Require the use of the network for the drainage of stormwater only

·  Protect the network from damage or unauthorised alteration

        The bylaw is due for its first review which has provided us with the opportunity to address some of the limitations with the current bylaw. Under Section 86 of the Local Government Act 2002, to amend, revoke, or replace a bylaw, a Territorial Authority is required to use the special consultative procedure as stipulated in Section 156.

1.3   Issues

The Environmental Solutions team have been administering the bylaw to assist with requiring ‘at source’ pollution control for industrial sites that have been deemed high risk under the bylaw. This work is essential for ensuring Council is able to comply with Stormwater Network discharge permit conditions. The team have determined the following limitations of the bylaw in its current form:

a)   There is no ability for Council to require non-high risk sites, with substandard operating procedures, to provide a Pollution Prevention Plan (a management plan demonstrating how contaminants will not enter the Council controlled stormwater network).  It is sometimes bakeries and other seemingly innocuous activities (typically not defined as high risk sites) that are the worst offenders for discharging contaminants into the stormwater network. Council requires greater control to be able to manage these discharges from all sites, not just those deemed high risk.

b)   There is limited power to recover costs for pollution control work from sites whether they are considered high risk, or not. Currently, cost recovery is only possible from laboratory analysis of an event occurring from sites that are high risk that have a Pollution Prevention Plan.  If high risk sites do not have a plan, or a site is deemed low risk, Council is unable to recover costs.

c)   The current bylaw primarily relates to the control of construction activities through reliance on the Code of Practice for Subdivision and Land Development and is therefore not currently capturing all possible risks to the network.  The reviewed bylaw provides additional tools for managing construction activities, for example through the control of sustained excessive loads on the network, such as what may be experienced through earthworks.     

The review of the bylaw has been undertaken with solutions to these issues at the forefront, and with particular emphasis on addressing HBRC concerns around the discharge of contaminants from NCC networks.

1.4   Significance and Engagement

Community engagement and feedback on the draft will be undertaken in accordance with the following sections of the LGA:

a)    Section 82 - Principles of Consultation;

b)    Section 82A - Information requirements for consultation required under this Act;

c)     Section 83 - Special Consultative Procedure.

In following these requirements, Council will identify those who will or may be affected by, or have an interest in, the decision.  The following groups have been identified:

·    All properties owners in Napier’s Industrial zones

·    Hawke’s Bay Territorial Authorities (HBRC, HDC)

·    Iwi Authorities, mana whenua groups

·    Department of Conservation

·    Forest and Bird

·    Ahuriri Estuary Protection Society

The general public will be notified by the usual communication channels (dedicated website page, facebook alerts, news item, press release, public notice)

The approval of the draft bylaw and statement of proposal will trigger the beginning of the special consultative procedure.  Below is a summary of the steps and estimated timeframes for this process:

Step

Timeframe

Prepare a statement of proposal which must include; a draft of the proposed bylaw, the reason for the proposal, and a report on any relevant determinations by the local authority.  A copy of the Statement of Proposal is attached to this report.

Completed

Council adopts the statement of proposal and draft Stormwater Bylaw for consultation.

20 August 2019

The statement of proposal is publically notified, along with the method for submitting and the submission timeframe (being not less than one month).

September – October 2019

A public hearing takes place to hear any verbal submissions, Council deliberates and makes a final decision, with or without amendments to the Bylaw arising from submissions.

November 2019

Public notice of adopted bylaw.

December 2019

1.5     Implications

Financial

The legal fees incurred during the review, and the costs associated with consultation on the draft bylaw will be met through existing operational budgets.

Social & Policy

The review of the Stormwater Bylaw has provided an opportunity to strengthen our ability to manage pollution ‘at source’.  The reviewed bylaw will give us the mechanism to assist Council in:

·    achieving Council’s significant aspirations and visions toward environmental excellence;

·    Support our efforts throughout the organisation to improve the Ahuriri Estuary in line with the Ahuriri Estuary and Coastal Edge Master Plan;

·    Enable tighter controls on contaminants entering our stormwater network, the protection of the public stormwater system for damage and misuse, and provide for the conditions on which connections to the network can be made;

·    Aligning with the community’s desire to see better water quality outcomes from the stormwater and drainage water conveyed through our stormwater and urban waterways networks;

·    Provides greater leverage to enable Council to meet resource consents held by Hawkes Bay Regional Council and Napier City Council, and the expectations of the soon to be notified TANK Plan change.

The status quo has not been effective in controlling the discharge of contaminants from the Council controlled stormwater network. The updates to the Stormwater Bylaw will be quite a significant change to those individuals and/or companies who have been historically complacent relaxed with the level of contaminants discharged in their stormwater in the past.  The new bylaw will apply to all industrial users and override any existing use rights where contaminants are entering into the network. 

Community engagement and feedback is required to ascertain the community’s desire to achieve a balance between striving for the greater environmental good versus the inconvenience and cost to industries that will be required to treat pollution at source, before it enters our network and is discharged into a receiving environment.

Risk

The risks associated with this report include Council not adopting the draft bylaw for public consultation at this meeting. This could result in the legislative timeframes for this review not being met, and a revoke of our Stormwater Bylaw 2012.

1.6   Options

The options available to Council are as follows:

a.     Retain the current bylaw.

b.     Adopt the reviewed bylaw as the most effective way of dealing with the perceived problem, resolve to notify the draft reviewed bylaw for public consultation and feedback and authorise officers to proceed with public notification through the special consultative procedure prescribed in the Local Government Act 2002.

1.7   Development of Preferred Option

For the reasons outlined above, Officers recommend that Council supports options b.  Retaining the current bylaw without review would mean we are not meeting our legal obligations under the Local Government Act and our environmental obligations under the Resource Management Act 1991.

 

1.8   Attachments

a     Statement of Proposal, including Draft Stormwater Bylaw 2019   


Regulatory Committee - 23 July 2019 - Attachments

 

Item 1

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Regulatory Committee - 23 July 2019 - Open Agenda                                                                                                                                                                            Item 2

2.    Delegation to Chief Executive to Approve Liquor Bans for Large Events

Type of Report:

Legal and Operational

Legal Reference:

Local Government Act 2002

Document ID:

747876

Reporting Officer/s & Unit:

Rachael Horton, Manager Regulatory Solutions

 

2.1   Purpose of Report

The purpose of this report is to request delegated authority to be granted to the Chief Executive to allow for temporary liquor bans to be imposed during large events.

 

Officer’s Recommendation

The Regulatory Committee:

a.     Approve the request to grant delegated authority to the Chief Executive to allow for temporary liquor bans to be imposed for large events.

 

Chairperson’s Recommendation

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

2.2   Background Summary

Temporary liquor bans are used to help control alcohol related behaviour in areas surrounding large events, such as concerts and festivals.  The ability to apply temporary liquor bans is provided in clause 4 of the Napier City Public Places Liquor Control Bylaw 2014 (the Bylaw):

“From time to time additional areas may be designated as a Specified Public Place for particular time periods, related to specified events or times of the year.  Where additional areas are so designated, a minimum of 14 days public notice shall be given prior to the event or particular time of years, specifying the additional areas, and the period when the specification applies. Public notices shall also be affixed in or adjacent to the additional specified public place(s) at such times that the liquor control applies.” [Extract]

Under the current bylaw, temporary liquor bans have not been delegated to the Chief Executive, yet the authority to waive a liquor ban or grant a licence to enable the possession and consumption of alcohol for special events has been delegated to the Chief Executive or his/her nominated officer.

The Chief Executive is seeking the delegated authority to impose temporary liquor bans to help manage anti-social behaviour in the areas surrounding large events, such as concerts and festivals.

Why is the delegation required?

Large scale events such as concerts and festivals often include the sale and supply of alcohol.  The reason for applying for a temporary liquor ban is to ensure public safety by prohibiting event attendees from consuming alcohol in the surrounding areas when commuting to and from the event venue.

Large events require the application of a Special Liquor Licence to allow for the sale and supply of alcohol by the event organisers for the duration of the event.  There is a legislative timeframe to apply for this licence, being 20 working days prior to the event taking place.  This is generally the trigger for considering whether it is necessary to impose a temporary liquor ban for the areas surrounding the event.

Many applications for Special Liquor Licences are not received until right up to the 20 working day timeframe, which is insufficient time for Officers to submit a report to Council to seek approval for a temporary liquor ban. 

Delegating this to the Chief Executive will ensure:

·    timely processing of temporary liquor ban applications

·    sufficient public notice is given as required under the bylaw

·    legislative timeframes are kept for the processing of Special Liquor Licences

2.3   Issues

Some large events host over 10,000 guests with Police reporting alcohol-related behaviour on the streets and private properties around the event venue.  This behaviour also includes littering of glass bottles and cardboard in and around the area.

Liquor bans are enforced by Police under sections 169 and 170 of the Local Government Act 2002.  It is Police preference that a temporary liquor ban be put in place in the areas surrounding large events to allow for enforcement action where necessary.

2.4   Significance and Engagement

The Bylaw requires public notification of a temporary liquor ban at least 14 days before the event. Public notices are also required to be published in the newspaper and displayed at all major entry points to the designated Specified Public Place and.

2.5   Social & Policy

Temporary liquor bans align with the objectives of the recently adopted Joint Alcohol Strategy, particularly Objective 2: Foster safe and responsible events and environments.

Liquor bans reduce the level of anti-social behaviour and assist Police in ensuring a safe environment for patrons and residents in the surrounding streets.

 

2.6   Attachments

Nil


Regulatory Committee - 23 July 2019 - Open Agenda                                                                                                                                                                            Item 3

3.    Hastings District and Napier City Council's Joint Local Alcohol Policy (LAP)

Type of Report:

Legal and Operational

Legal Reference:

Sale and Supply of Alcohol Act 2012

Document ID:

769251

Reporting Officer/s & Unit:

Rachael Horton, Manager Regulatory Solutions

 

3.1   Purpose of Report

The purpose of this report is to obtain a resolution from Council on setting a date at which the Hastings District and Napier City Council’s Joint Local Alcohol Policy (LAP) comes into force.

 

Officer’s Recommendation

The Regulatory Committee:

a.     Receive the report of the Manager, Regulatory Solutions titled “Hastings District and Napier City Council’s Joint Local Alcohol Policy (LAP)”.

b.     Resolve that in accordance with section 90 of the Sale and Supply of Alcohol Act 2012:

i.      The Local Alcohol Policy is publicly notified

ii.     The Local Alcohol Policy comes into force on 21 August 2019

iii.    The Local Alcohol Policy hours provision in Section 5 of the Local Alcohol Policy comes into force on 21 November 2019.

c.     That a preliminary review be considered in three years after the policy becomes operative with a compulsory full review required within six years of the enforcement date.

d.     That a research working party of the key agencies is developed to start gathering evidence to support the full review of the policy in six years as required by the Sale and Supply of Alcohol Act 2012.

 

Chairperson’s Recommendation

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

 

3.2   Background Summary

In late 2012 Hastings District Council and Napier City Council resolved to develop a joint LAP for Hastings and Napier. A draft LAP was developed as per the requirements of the Sale and Supply of Alcohol Act 2012 (the Act). (LAP as Attachment A)

The draft LAP became provisional in 2016 and was subsequently appealed as a result of the public notification process.

The appeals were resolved in 2019 and the PLAP was adopted by the Alcohol Regulatory and Licensing Authority (ARLA) on 12 June 2019.

A summary of the development process (Attachment B) and the ARLA decision (Attachment C) are appended to this report.

The status quo for licensing hours remains in place until the LAP comes into force.

3.3   Summary of LAP provisions

The LAP includes the following provisions:

On-Licence type

Maximum Trading Hours

Taverns/bars/pubs/night-clubs

8.00am to 3.00am the following day Monday to Sunday

One way door restriction:

Mandatory at 2 am

Cafes/restaurants/wineries/winery restaurants

8.00am to 2.00am the following day Monday to Sunday

Entertainment Venues

Licensing hours are to be consistent with the nature and activities of the premise and in general shall range from:

8.00am to 2.00am the following day Monday to Sunday

Off Licence Type

Maximum Trading Hours

Supermarkets and Grocery Stores

7.00am to 10.00pm Monday to Sunday

All other off licenses

9.00am to 10.00pm Monday to Sunday

Club Licence Type

Maximum Trading Hours

8.00am to 1.00am the following day Monday to Sunday

Special Licence Provisions:

SSAA default conditions apply

Location of Licensed Premises (density controls):

No further off-licences are to be issued for any premises being a bottle store on land located within:

Flaxmere - the Commercial Service or Suburban Commercial zone in Flaxmere, or any Precinct within the Flaxmere Village Centre Zone or Scheduled sites 1 and 2 within Flaxmere

Camberley - the suburban commercial zone in Camberley

Maraenui – the Reserve, Suburban Commercial and Residential Zone in Maraenui

DISCRETIONARY Conditions

Various

 

 

 

3.4   Significance and Engagement

A Special Consultative Procedure was completed as a part of the development of the joint LAP.

Extensive consultation with the NZ Police and Hawkes Bay District Health Board as required by the Act.

Additional evidence gathering was completed in 2018 to reassess the councils’ policy position.

3.5   Future Reviews

Section 97 of the Act requires that a LAP must be reviewed no later than six years after it came into force.  Recommendation C takes into account this requirement.

3.6   Concluding Comments

The LAP has been through thorough public consultation and has required a high level of evidence to support the provisions.

 

New evidence was examined in 2018 from both the District Health Board and the NZ Police to show that the councils did not have sufficient evidence to support stronger restrictions.  This was then confirmed by legal advice from HDC legal counsel and external legal support from Katia Fraser of Meredith Connell.

 

In December 2018, it was five years since the regulations relating to the LAPs were implemented. 32 of the 33 LAPs around the country were appealed and in most cases the appeals resulted in lesser restrictions (longer trading hours) for premises.

 

Each appeal process on average took two years one month and 28 days to settle, leaving the less restrictive national default provisions to be in force in the interim.

 

The Hastings District Council and the Napier City Council Joint LAP is one of the only LAPs around the country that has successfully gained a restriction on further licences being issued for bottle stores in a specific area.

 

In light of the evidence to support the LAP position, the adoption of the LAP is a positive outcome and the provisions under the joint LAP will further protect the community from alcohol related harm.

 

 

3.7   Attachments

a     Final Hastings and Napier Local Alcohol Policy

b     Summary of Development Process

c     Final Decision of ARLA   


Regulatory Committee - 23 July 2019 - Attachments

 

Item 3

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Regulatory Committee - 23 July 2019 - Attachments

 

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Regulatory Committee - 23 July 2019 - Attachments

 

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Regulatory Committee - 23 July 2019 - Open Agenda                                                                                                                                                                            Item 4

4.    City Strategy Regulatory Activity Report - 4th Quarter

Type of Report:

Information

Legal Reference:

N/A

Document ID:

773730

Reporting Officer/s & Unit:

Rachael Horton, Manager Regulatory Solutions

 

4.1   Purpose of Report

To provide an information update on the regulatory activity in the city in each quarter.  The report attached covers the fourth quarter from 1 April until 30 June 2019.

 

Officer’s Recommendation

The Regulatory Committee:

a.     Receive the Quarterly City Strategy Regulatory Activity Report for the period 1 April 2019 to 30 June 2019.

 

Chairperson’s Recommendation

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

4.2   Background Summary

The City Strategy Regulatory activity report provides a planning and regulatory activity overview for information purposes.  The report covers activity in building control, resource consents, environmental health, animal control, noise, parking and liquor licensing.

4.3   Issues

Quarterly City Strategy Regulatory Activity Report for the period 1 April 2019 to 30 June 2019 is provided as Attachment A.

Highlights over the period include:

·    Over $39 million dollars’ worth of building consents issued.

·    Building consents issued for 49 new dwellings.

·    49 special liquor licenses received.

·    72 Land Information Memorandums issued.

·    3,091 property files were viewed.

·    1,419 dogs were registered.

4.4   Significance and Engagement

There are no matters that need consideration under the Significance and Engagement Policy in this report, and no other engagement is required.

 

 

4.5   Options

The options available to Council are as follows:

a.     To receive the Quarterly City Strategy Regulatory Activity Report for April to June 2019 for information purposes.

 

4.6   Attachments

a     City Strategy Regulatory Activity Report - April - June 2019   


Regulatory Committee - 23 July 2019 - Attachments

 

Item 4

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Regulatory Committee - 23 July 2019 - Open Agenda

 

 

Regulatory Committee

Open Minutes

 

Meeting Date:

Tuesday 11 June 2019

Time:

3.36pm-4.05pm

Venue

Council Chamber
Hawke's Bay Regional Council
159 Dalton Street
Napier

 

 

Present

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

In Attendance

Chief Executive, Director Corporate Services, Director Community Services, Director Infrastructure Services, Director City Services, Manager Regulatory Solutions, Manager Building Consents, Manager Communications and Marketing, Manager City Development, Team Leader Policy Planner, Strategic Planning Lead, Manager Asset Strategy, Team Leader Parking

Administration

Governance Team

 

 


 

Apologies

Councillors White / Wise

That the apologies from Mayor Dalton and Councillor Brosnan be accepted.

Carried

Conflicts of interest

Councillor Jeffery declared an interest in Agenda Item 1. To manage this interest he elected to step down as Chair for the full meeting and asked his Deputy, Councillor Taylor, to Chair the meeting in his place.

Public forum

Nil

Announcements by the Acting Mayor

Nil

Announcements by the Chairperson

Nil

Announcements by the management

Nil

Confirmation of minutes

Councillors Wright / Price

That the Minutes of the meeting held on 30 April 2019 were taken as a true and accurate record of the meeting.

 

Carried

 

Questions from Councillors for Further Action

Item

Requestor

Action

Responsible

2

Cr Tapine

The Strategic Planning Lead confirmed that she would provide a copy of the traffic engineer’s report to Councillors.

City Strategy

 


 

Agenda Items

 

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

Type of Report:

Legal

Legal Reference:

Building Act 2004

Document ID:

737346

Reporting Officer/s & Unit:

Malcolm Smith, Manager Building Consents

 

1.1   Purpose of Report

The report provides an analysis of submissions received on the Statement of Proposal that will enable Council to identify priority buildings under the earthquake-prone building legislation.

 

At the Meeting

The Manager Building Consents spoke to the report and outlined the process undertaken to date. He confirmed that priority areas have been identified based on documents and guidance from MBIE, and the next step will be to engage an officer to check whether any unreinforced masonry buildings are located within those areas.

In response to questions from Councillors, the following points were clarified:

·        Priority areas were identified as being areas with potentially unreinforced masonry buildings and high vehicle or high pedestrian traffic.

·        Most unreinforced masonry buildings in Napier were destroyed in the 1931 earthquake. Those that remain would most likely be located in Taradale or the CBD. Officers advised that they have been conservative in their assessment by including other high traffic areas.

·        It was noted that some of the buildings that did survive the earthquake will have already had strengthening work completed.

·        Urgency is required as Council has a statutory requirement to identify the priority buildings by the end of this year. The sooner the priority areas are identified the sooner an officer can be appointed to complete the next stage of identifying the buildings.

·        Template letters have been prepared and will be sent out to all affected building owners advising them of the next steps.

Committee's recommendation

Councillors Wright / Hague

That the Regulatory Committee:

a.     Receive the submissions on the Earthquake-Prone Buildings – Identification of Priority Buildings Statement of Proposal.

b.     Adopt the Earthquake-Prone Buildings – Identification of Priority Buildings Statement of Proposal as notified.

c.     That a DECISION OF COUNCIL is required urgently to enable Council Officers to meet a legislative deadline.

 

Carried

 

 

Council Resolution

Councillors White / McGrath

That Council:

a.     Receive the submissions on the Earthquake-Prone Buildings – Identification of Priority Buildings Statement of Proposal.

b.     Adopt the Earthquake-Prone Buildings – Identification of Priority Buildings Statement of Proposal as notified.

 

Carried

 

 


 

2.    Renewal of Licence to Occupy - Sunday Market

Type of Report:

Operational

Legal Reference:

Reserves Act 1977

Document ID:

736053

Reporting Officer/s & Unit:

Fleur Lincoln, Strategic Planning Lead

 

2.1   Purpose of Report

The purpose of this report is to obtain approval in principle the granting of a Licence to Occupy agreement with Margaret Habib of the Sunday Market for the carpark within the Marine Parade foreshore north of Ocean Spa for a term of 3 years, subject to the s.54(1)(d) Reserves Act 1977 process being successfully completed.

 

At the Meeting

In response to questions raised by Councillors, the Strategic Planning Lead clarified the following points:

·        A traffic engineer was engaged to assess any potential safety concerns in the area. The traffic engineer visited the market on six separate occasions, one of which was while a large cruise ship was in town. The conclusion was that although there is a lot of activity in that area while the market is held, this did not cause a safety issue and he is confident that the market can operate in a safe manner. He has made a number of mitigation recommendations and is comfortable that Council approve the licence to occupy.

·        It was noted that the initial trial period of one year was extended to allow Council officers time to work with the market organisers to resolve a number of issues.

·        There is only minor action required from depot staff, on occasion, in relation to maintaining facilities at the site.

·        The only complaints received in the past have been from the previous owner of another business that operated from the reserve. These complaints had been dealt with by the Reserves Team and no complaints have been received from the new owners of that business.

·        It was noted that the market organisers have asked for the licence to occupy to be renewed. The organisers have expressed concerns in the past with having to relocate, on occasion, due to other events being held in the area. Now that an acceptable alternative location has been found, that being Anderson Park, the organisers decided that this was an acceptable trade off to be able to keep their prime location on the Marine Parade.

·        A more permanent location could not be found that meets the organiser’s criteria for the site. The criteria includes but is not limited to a 3000m2 hard surface area, facilities, power, walking distance to CBD.

·        The size of the market will always be limited to the confines of the space.

·        The market organisers are advised of other events as soon as Council is made aware of the dates. In most cases they are given notice months in advance as the events are mainly large annual events.

·        It was noted that the speed limit will be reduced just before the car park entrance which should result in cars slowing down at that point as they enter the lower speed area.

A number of Councillors expressed their concern around a three year term for the licence to occupy. They believed that it would be better to grant the licence to occupy for a shorter period to ensure that staff continued to try and find an alternative permanent location for the market. They noted that the current site is not a sustainable long term solution and would like some certainty from staff that they will continue to look for suitable alternatives. It was advised that the three year term was proposed to give some certainty to the market organiser and store holders.

The size of the market was another concern for some Councillors and it was noted that officers will continue to monitor the situation and work alongside the organisers to resolve any concerns.

The Strategic Planning Lead confirmed that she would provide a copy of the traffic engineer’s report to Councillors.

Committee's recommendation

Councillors Boag / McGrath

That the Regulatory Committee:

a.     Approve in principle, the granting of a Licence to Occupy to Margaret Carolyn Habib for a term of 3 years, subject to the s.54(1)(d) Reserves Act 1977 process being successfully completed.

 

Councillors Dallimore, Hague and Acting Mayor White voted against the motion.

Carried

  

The meeting closed at 4.05pm.

 

 

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

 

 

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

 

 

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