council meeting commencing at 3pm on tuesday 11 …...aug 11, 2015 · 10 june 2015 warrant of...

COUNCIL MEETING

Commencing at 3pm

on

Tuesday 11 August 2015

Council Chamber District Council Building

King George Place Timaru

TIMARU DISTRICT COUNCIL

Notice is hereby given that a meeting of the Timaru District Council will be held

in the Council Chamber, District Council Building, King George Place, Timaru on

Tuesday 11 August 2015, at 3pm.

LOCAL AUTHORITIES (MEMBERS’ INTERESTS) ACT 1968

Councillors are reminded that if you have a pecuniary interest in any item on the

agenda, then you must declare this interest and refrain from discussing or voting on

this item, and are advised to withdraw from the meeting table.

Peter Nixon CHIEF EXECUTIVE

Timaru District Council Council Meeting #943572 11 August 2015

TIMARU DISTRICT COUNCIL MEETING

11 AUGUST 2015

AGENDA

Item No

Page No

1 Opening Prayer – Chris Konings St Stephens Presbyterian Church

2 Apology – Clr Jack

3 Public Forum - Gerrie Ligtenberg - TPPA

4 Identification of Urgent Business

5 Identification of Matters of a Minor Nature

6 1 Confirmation of Minutes – Council Meeting – 23 June 2015

7 11 Confirmation of Minutes – Extraordinary Council Meeting – 28 July 2015

8 14 Schedule of Functions Attended by the Mayor and Deputy Mayor and Councillors

9 16 Schedule of Functions Attended by the Chief Executive

10 18 Affixing of the Common Seal

11 19 Resource Management Delegations

12 42 Timaru District Private Plan Change No.20 (McKnight Brookfield Road)

13 56 Reconsideration of Amended Elements of Joint Provisional Local Alcohol Policy

14 66 Road Name Proposal

15 68 Receipt of Community Board and Committee Minutes

16 Consideration of Urgent Business Items

17 Consideration of Minor Nature Matters

18 Public Forum Items Requiring Consideration

19 69 Exclusion of the Public

1 71 Confirmation of Minutes – Tenders Subcommittee – 16 June 2015

2 74 Confirmation of Minutes – Council Meeting - 23 June 2015

Timaru District Council Council Meeting #943572 11 August 2015

3 77 Confirmation of Minutes - Hearings Committee – 8 July 2015

4 83 Timaru District Holdings Ltd Board of Directors – Appointment

5 88 Readmittance of the Public

Timaru District Council Council meeting #943572 1 11 August 2015


FOR THE MEETING OF 11 AUGUST 2015

Report for Agenda Item No 6

Prepared by Peter Nixon Chief Executive Confirmation of Minutes – Council Meeting 23 June 2015

_______________________________

Minutes of the June Council meeting. Recommendation That the minutes of the Council meeting held on 23 June 2015, excluding the public excluded items, be confirmed as a true and correct record.


TIMARU DISTRICT COUNCIL MINUTES OF A MEETING OF THE TIMARU DISTRICT COUNCIL HELD IN THE COUNCIL CHAMBER, DISTRICT COUNCIL BUILDING, KING GEORGE PLACE, TIMARU ON TUESDAY 23 JUNE 2015 AT 1PM PRESENT Mayor Damon Odey (Chairperson), Clrs Anthony

Brien, Peter Burt, Steve Earnshaw, Dave Jack, Richard Lyon, Pat Mulvey, Kerry Stevens, Tracy Tierney and Steve Wills

APOLOGY Wayne O’Donnell – Geraldine Community Board IN ATTENDANCE Neville Gould – Pleasant Point Community Board (for

public part of meeting)

Chief Executive (Peter Nixon), Group Manager District Services (Ashley Harper), Group Manager Corporate Services (Tina Rogers), Group Manager Community Services (Sharon Taylor), Group Manager Regulatory Services (Chris English), Corporate Planning Manager (Mark Low), Council Secretary (Joanne Brownie)

OPENING PRAYER Father Brian Fennessy of the Timaru Catholic Parish

offered a prayer for the work of the Council. 1 IDENTIFICATION OF URGENT BUSINESS – TENDERS SUBCOMMITTEE Proposed Clr Stevens Seconded Clr Burt

“That a Tenders Subcommittee issue be discussed with the public excluded, as urgent business at this meeting.”

MOTION CARRIED

2 CONFIRMATION OF MINUTES – COUNCIL MEETING – 28 APRIL 2015 Proposed Clr Earnshaw Seconded Clr Mulvey

“That the minutes of the Council meeting held on 28 April 2015, excluding the public excluded items, be confirmed as a true and correct record.

MOTION CARRIED

3 CONFIRMATION OF MINUTES – COUNCIL LONG TERM PLAN MEETING – 26/27 MAY 2015

Proposed Clr Jack Seconded Clr Wills


“That the minutes of the Council Long Term Plan hearing held on 26 and 27 May 2015 be confirmed as a true and correct record.”

MOTION CARRIED

4 SCHEDULE OF FUNCTIONS ATTENDED BY THE MAYOR, DEPUTY MAYOR

AND COUNCILLORS Proposed Clr Wills Seconded Clr Stevens

“That the schedule of functions attended by the Mayor and Deputy Mayor be received.”

MOTION CARRIED

5 SCHEDULE OF FUNCTIONS ATTENDED BY THE CHIEF EXECUTIVE Proposed Clr Lyon Seconded the Mayor

“That the schedule of functions attended by the Chief Executive be received and noted.”

MOTION CARRIED

6 AFFIXING OF THE COMMON SEAL Proposed Clr Burt Seconded Clr Stevens

“That the affixing of the Common Seal to the following documents be noted:

Date Document

2 June 2015 Warrant of Appointment – Compliance Administrator – Mary Gazzard – Power of Entry and Bylaws Officer

8 June 2015 Warrant of Appointment – Parking Warden, Enforcement Officer and Bylaws Officer – Michael Sean Secoy

10 June 2015 Warrant of Appointment – Backflow Technician – George Stewart – Enforcement Officer and Bylaws Officer.”

MOTION CARRIED

7 ADOPTION OF LONG TERM PLAN 2015-2025

The Council considered the final Long Term Plan together with a report by the Corporate Planning Manager and the Group Manager Corporate Services on the adoption of plan. The Group Manager Corporate Services advised that since the report was written, an unmodified audit opinion has been received.


(a) “That the report be received.


(b) That the Council adopts the following policies and strategies that are included within the Long Term Plan: a. Financial Strategy b. Infrastructure Strategy c. Revenue and Financing Policy d. Financial Contributions Policy e. Rates Remission Policy f. Rates Postponement Policy g. Rates Remissions and Postponement on Maori Freehold Land Policy h. Rates Discount Policy

(c) That the Council resolves to permit an unbalanced budget in accordance with Section 100 of the Local Government Act 2002 for the 10 years commencing 1 July 2015 as described in the Long Term Plan.

(d) That the Council receives the final Audit opinion. (e) That the Long Term Council Plan 2015 – 2025 is adopted in accordance

with Section 93 of the Local Government Act 2002.”

MOTION CARRED

8 RESOLUTION TO SET RATES The Council considered the resolution to set and assess rates for the year commencing 1 July 2015 and ending 30 June 2016.

Proposed Clr Stevens Seconded Clr Burt

“That the following resolution to set and assess rates for the year commencing 1 July 2015, and ending on 30 June 2016, be adopted:


RESOLUTION TO SET RATES Timaru District Council has adopted its Long Term Plan for 2015-16. It has made no changes to its proposed rating policy as a result of submissions received during the special consultative procedure and is now moving to set and assess the rates described in its rating policy.

1 That the Timaru District Council set the following rates under the Local

Government (Rating) Act 2002, on rating units in the district for the financial year commencing 1 July 2015 and ending on 30 June 2016. Such rates shall become due and payable by instalments on the dates prescribed in clause 13 of this resolution.

2 All rates and charges are inclusive of the Goods and Services Tax (GST). 3 General Rate

That pursuant to Section 13(2)(b) and Section 14 of the Local Government (Rating) Act 2002 a general rate set as a rate in the dollar on the land value of all rating units within the Timaru District, assessed on a differential basis as described below: Timaru District - Accommodation $0.01234 Timaru District - Commercial Central $0.01234 Timaru District - Commercial Other $0.01234 Timaru District - Community Services $0.00280


Timaru District - Industrial $0.01234 Timaru District - Primary $0.00090 Timaru District - Recreational $0.00280 Timaru District - Residential General $0.00280 Timaru District - Residential Multi Unit $0.00561

4 General Charge

That pursuant to Section 15(1)(a) of the Local Government (Rating) Act 2002 a uniform annual general charge of $506.00 per rating unit be assessed on every rating unit within the Timaru District. Provided that where any two or more separate rating units are owned by the same ratepayer; used jointly as a single unit and are contiguous or separated only by a road, railway, drain, water race, river or stream they shall be deemed to be one unit for the purpose of the setting and assessing of this uniform annual general charge.”

5 Community Works and Services Rates

That pursuant to Section 16(3)(b) and (4)(a) of the Local Government (Rating) Act 2002 a targeted community works and services rate set as a rate in the dollar on the land value of all rating units within each of the community areas where the service is provided. Geraldine $0.00153 Rural $0.00005 Temuka $0.00215 Timaru $0.00157

6 Aquatic Centre Rate

That pursuant to Section 16(3)(a) and (4)(b) of the Local Government (Rating) Act 2002 a uniform targeted annual aquatic centre rate assessed as a fixed amount per separately used or inhabited part of a rating unit for residential (general or multi-use) rating units, per rating unit for other rating units (being the same amount as the amount assessed per separately used or inhabited part of a residential (general or multi-use)rating unit). Residential – per separately used or inhabited part $108.00 Other – per rating unit $108.00

7 Rural Fire Protection Rate That pursuant to Section 16(3)(b) and (4)(a) of the Local Government (Rating) Act 2002 a targeted rural fire protection rate set as a rate in the dollar on the land value of all rating units excluding the urban areas of Pleasant Point, Geraldine, Temuka and Timaru. Rural Fire Protection $0.00008

8 Community Board Charges

That pursuant to Section 16(3)(b) and (4)(a) of the Local Government (Rating) Act 2002 a targeted uniform annual Community Board charge on


each separately used or inhabited part of a rating unit within each of the Temuka, Geraldine and Pleasant Point Wards.

Geraldine $2.00 Pleasant Point $5.00 Temuka $3.50

9 Sewer Charge That pursuant to Section 16(3)(b) and (4)(a) of the Local Government

(Rating) Act 2002 a targeted annual charge for sewerage disposal set on each water closet or urinal connected either directly or through a private drain to a public sewerage drain subject to the proviso that every rating unit used exclusively or principally as a residence of not more than one household shall be deemed to have not more than one water closet or urinal.

Sewer Charge $367.00 10 Waste Management Charge

That pursuant to Section 16 (4)(a) of the Local Government (Rating) Act 2002 a differential targeted rate on all rateable and non-rateable land to which the “three bin” waste collection service is actually provided

(a) of $275.00 per standard size “three bins” provided to each rating unit; (b) of $373.00 per large “three bins” provided to each rating unit; (c) of $70.00 per additional small (140 litres) recycling bin provided to

each rating unit; and (d) of $80.00 per additional large (240 litres) recycling bin provided to

each rating unit; and (e) of $110.00 per additional small (140 litres) compost bin provided to

each rating unit; and (f) of $130.00 per additional large (240 litres) compost bin provided to

each rating unit; and (g) of $135.00 per additional small (140 litres) rubbish bin provided to

each rating unit; and (h) of $195.00 per additional large (240 litres) rubbish bin provided to

each rating unit. 11 Water Charges That pursuant to Section 16(3)(b), (4)(b) and section 19 of the Local

Government (Rating) Act 2002 targeted rates for the supply of water in the following areas as follows.

(a) Geraldine, Pleasant Point, Peel Forest, Temuka, Timaru and

Winchester urban supplies

A differential annual charge of $278.00 per separately used or inhabited part on each rating unit or separately used or inhabited part of a residential rating unit receiving an ordinary water supply and $139.00 per rating unit on all rating units situated within 100 metres from any part to the water works to which water can be but is not supplied within the urban areas.


(b) Rural

(i) The Rangitata-Orari Water Supply District A targeted rate of $16.90 per hectare within the rating unit.

(ii) The Te Moana Downs Water Supply District

a) A targeted rate of $275.00 for each unit of water supplied; b) A targeted rate of $527.50 for each tank except where there is

more than one tank to any rating unit as a technical requirement of the scheme, in which case only one charge will apply.

(iii) The Orari Township Water Supply District

A targeted rate of $403.00 for each unit of water supplied.

(iv) The Seadown Water Supply District a) A targeted rate of $15.20 per hectare within the rating unit; b) A targeted rate of $381.00 per separately used or inhabited part

of a rating unit for each domestic supply;

(v) Beautiful Valley Water Supply District A targeted rate of $3.69 per hectare within the rating unit.

(vi) Downlands Water Supply District

On so much of the rating unit appearing on Valuation Rolls number 24640, 24660, 24670, 24680, 24690, 24700, 24710, 24820, 24840, 24850, 24860, and part 25033, as is situated within the Downlands Water Supply District.

a) A targeted rate of $486.00 for each separately used or

inhabited part of a rating unit within the Pareora Township and for rating units used as halls within the scheme.

b) A targeted rate of $833.50 per rating unit for rating units used as schools within the Pareora Township.

c) In addition a targeted rate of $347.00 for each separate connection (excluding Pareora Township) to the water supply except where there is more than one connection to any rating unit as a technical requirement of the scheme, in which case only one charge will apply.

d) In addition to the charge assessed in (c) above, a targeted rate of $139.00 per unit of water or where water supplied in one half units a charge of $69.50 per half unit.

(c) Water by Meter

A targeted rate for water supply, set under Section 19 of the Local Government (Rating) Act 2002 per cubic metre of water consumed to any rating unit situated in the following areas which has been fitted with a water meter:

Geraldine $0.60 Pleasant Point $0.60 Seadown $0.84 Temuka $0.60 Timaru $0.60 Winchester $0.60.


12 Community Centre Charges That pursuant to Section 16(3)(b) and (4)(a) of the Local Government

(Rating) Act 2002, the following uniform targeted rates in respect of each separately used or inhabited part of a rating unit situated in the following Community Centre Areas:

Claremont Community Centre $20.00 Fairview Community Centre $30.00 Kingsdown Community Centre $36.00 Otipua Community Centre $20.00

13 Instalment Dates

The above rates and charges are due and payable on the following dates:- All Ratepayers Instalment Due Date

1 21 September 2015 2 21 December 2015 3 21 March 2016 4 20 June 2016 The due date for metered water targeted rates will be the 20th of the month following invoice date.

14 Method of Calculation of Each Instalment All Ratepayers Instalments 1-4: Each instalment will be equal to one quarter (1/4) of the total year’s rates (2015/2016).

15 Discount That pursuant to Section 55 of the Local Government (Rating) Act 2002,

the following discount will apply:- A discount of 2.50% will be allowed on the total rates set, if the 2015/2016

rates, including any current additional charges, are paid in full on or before 21 September 2015.

16 Penalties That pursuant to Section 57 of the Local Government (Rating) Act 2002 the

District Council prescribes the following penalties to be added to unpaid rates:-

(a) A Penalty A penalty under section 58(1)(a) of 10% of the amount of the unpaid instalment or portion of instalment will be added if not paid on or before the instalment due date, on the following dates:


Instalment Penalty Date

1 22 September 2015 2 22 December 2015 3 22 March 2016 4 21 June 2016 (b) Further Penalties A further penalty under section 58(1)(b) and 58(1)(c) of 10% of the amount of the unpaid rates, including any penalties previously imposed will be added on 21 September 2015 and 21 March 2016 to all previous years’ rates and penalties remaining unpaid as at those dates. Penalties will not be applied to the metered water targeted rate.

17 Payment of Rates

That rates shall be payable at any of the following places:

Timaru District Council offices, King George Place, Timaru Temuka Library, Information and Service Centre, 72-74 King Street,

Temuka Geraldine Library and Service Centre, 76 Talbot Street, Geraldine between the hours of 9.00am to 5.00pm, Monday to Friday.”

MOTION CARRIED

9 COMMUNITY DEVELOPMNET COMMITTEE RECOMMENDATION – NEW ZEALAND CHINA MAYORAL FORUM The Council considered a recommendation from the Community Development Committee meeting of 9 June 2015 regarding the New Zealand-China Mayoral Forum.

Proposed Clr Brien Seconded Clr Wills

“That the Chairperson of the Policy and Development Committee accompanies the Mayor on the New Zealand-China Mayoral Forum 2015, with their travel and expenses met from the Councillors’ Travel budget, subject to attendance at the forum being consistent with the aims and objectives of the economic development strategy.”

MOTION CARRIED

10 RECEIPT OF COMMUNITY BOARD AND COMMITTEE MINUTES Proposed the Mayor Seconded Clr Burt

“That the minutes of the following meetings be received:

Pleasant Point Community Board 19 May 2015 Local Arts Scheme Assessment Committee 5 June 2015


Community Development Committee 9 June 2015 Resource Planning and Regulation Committee 9 June 2015 District Services Committee 9 June 2015 Policy and Development Committee 9 June 2015.”

MOTION CARRIED

11 EXCLUSION OF THE PUBLIC Proposed Clr Jack Seconded Clr Lyon

“That the Committee resolves to exclude the public on the grounds contained in Section 48(1) of the Local Government Official Information and Meetings Act:

Confirmation of Minutes and Tenders Subcommittee issue Section 7(2)(b)(ii)

The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.”

Directorships Section 7(2)(a)

The withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons.”

MOTION CARRIED

12 READMITTANCE OF THE PUBLIC Proposed the Mayor Seconded Clr Lyon “That the public be readmitted to the meeting.”

MOTION CARRIED

The meeting concluded at 1.35pm. ________________________ Chairperson





Prepared by Peter Nixon Chief Executive Confirmation of Minutes – Extraordinary Council Meeting 28 July 2015

_______________________________

Minutes of the June Council meeting. Recommendation That the minutes of the Extraordinary Council meeting held on 28 July 2015, be confirmed as a true and correct record.


TIMARU DISTRICT COUNCIL MINUTES OF AN EXTRAORDINARY MEETING OF THE TIMARU DISTRICT COUNCIL HELD IN THE COUNCIL CHAMBER, DISTRICT COUNCIL BUILDING, KING GEORGE PLACE, TIMARU ON TUESDAY 28 JULY AT 9.30AM

PRESENT Mayor Damon Odey (Chairperson), Clrs Anthony Brien, Peter Burt, Steve Earnshaw, Dave Jack, Richard Lyon, Pat Mulvey, Kerry Stevens, Tracy Tierney and Steve Wills

IN ATTENDANCE Chief Executive (Peter Nixon), Drainage and Water

Manager (Grant Hall), Council Secretary (Joanne Brownie)

1 ORARI-OPIHI-PAREORA WATER MANAGEMENT COMMITTEE AGREEMENT

The Council considered a report by the Chief Executive seeking approval to re-enter a joint committee agreement for the Orari-Opihi-Pareora Water Management Committee to meet new Local Government Act 2002 provisions.


1. “That the Council approves the Timaru District Council entering into agreement with the Mackenzie District Council and Environment Canterbury under clause 30A of Schedule 7 of the Local Government Act 2002 in relation to the Orari-Opihi-Pareora Zone Committee.

2. That the Council delegates to the Chief Executive the power to execute

agreements under clause 30A of Schedule 7 of the Local Government Act 2002 on behalf of Timaru District Council in relation to the Orari-Opihi-Pareora Water Zone Management Committee agreement under (1).”

MOTION CARRIED

2 DOWNLANDS JOINT STANDING COMMITTEE AGREEMENT

The Council considered a report by the Chief Executive seeking approval to re-enter a joint committee agreement for the Downlands Joint Standing Committee to meet new Local Government Act 2002 provisions.


1 “That the Council approves the Timaru District Council entering into agreement with the Mackenzie District Council and Waimate District Council under clause 30A of Schedule 7 of the Local Government Act 2002 in relation to the Downlands Water Supply Scheme.

2 That the Council delegates to the Chief Executive the power to execute

agreements under clause 30A of Schedule 7 of the Local Government Act 2002 on behalf of Timaru District Council in relation to the Downlands Joint Standing Committee agreement under (1).”

MOTION CARRIED


The meeting concluded at 9.35am. ___________________ Chairperson





Prepared by Peter Nixon Chief Executive

Schedule of Functions Attended by the Mayor, Deputy Mayor and Councillors

_________________________________ Functions Attended by the Mayor

15 June Met with Chamber of Commerce representatives Attended Economic Development Strategy Working Group meeting Spoke to Geraldine Temuka Rotary Club

16 June Attended Audit and Risk Subcommittee meeting Chaired Tenders Subcommittee meeting Attended meeting at St Johns Geraldine

17 June Opened Genius show home Attended District Licensing Committee meeting Conducted land stock-take visits Attended farewell for Sport South Canterbury’s Verna Parker

18 June Attended Canterbury 4G Rural Broadband programme update meeting

22 June Spoke to Timaru Girls High School class about local government

23 June Live interview on Melbourne radio Chaired Industrial Relations Subcommittee meeting Chaired Council meeting Conducted citizenship ceremony

24 June- 3 July Attended Weihai International Food Expo in China

3 July Chaired TDHL Board meeting

6 July Attended ADBT Board meeting

7 July Attended Aoraki Polytechnic Youth Development meeting

8 July Radio interview Attended NZ Transport Agency meeting

9 July Attended Growth Strategy workshop Attended Arowhenua Board of Trustees meeting


10 July Attended House of the Year Awards

13 July Officiated at Community Awards evening

15 July Attended United Way presentation

16 July Visited Peel Forest Outdoor Pursuits Centre Hosted afternoon tea for young builders who rescued elderly lady from burning house Chaired Safer Communities Committee meeting Hosted afternoon tea for Chinese Teachers

17 July Met with Chinese Staff of Confucius Institute

19-21 July Attended LGNZ conference

28 July Attended Standing Committee meetings Attended NZ Airports briefing session in Wellington

30 July Convened employment strategy session

31 July Attended opening of Port of Tauranga Metro Box Inland Port at Rolleston

In addition to the above duties I met with 12 members of the public on matters of concern to them. Functions Attended and Duties Undertaken by Deputy Mayor in Addition to Councillor Duties

23 June Attended Industrial Relations Subcommittee meeting

21 July Attended Washdyke Lagoon Information Panel unveiling





Prepared by Peter Nixon Chief Executive

Schedule of Functions Attended by the Chief Executive

_________________________________

Functions Attended by the Chief Executive

8 June Met with ADBT Chief Executive

9 June Attended Standing Committee meetings

11 June Attended TDHL Board meeting

15 June Met with Chamber of Commerce Board Attended Economic Development Strategy Working Group meeting

16 June Attended Audit and Risk Subcommittee meeting Attended Tenders Subcommittee meeting

17 June Attended Genius Homes show home opening Met with PrimePort Timaru Ltd Chief Executive Attended retirement function for Verna Parker, Sport South Canterbury

23 June Attended Industrial Relations Subcommittee meeting Attended Council meeting Attended citizenship ceremony

3 July Attended TDHL Board meeting

8 July Attended NZ Transport Agency meeting

9 July Attended Growth Strategy workshop Attended Arowhenua Board of Trustees meeting

13 July Attended Community Awards evening

19-21 July Attended Local Government NZ Conference

22 July Met with PrimePort Timaru Ltd Chief Executive

23 July Attended Alpine Energy Ltd Annual General Meeting

28 July Attended Standing Committee meetings


31 July Attended opening of Port of Tauranga Metro Box Inland Port at Rolleston

Recommendation That the report be received and noted.





Prepared by - Peter Nixon Chief Executive Affixing of the Common Seal

_______________________________

Recommendation That the affixing of the Common Seal to the following documents be noted: Date Document 26 June 2015 Warrant of Appointment – Aleisha Jane Batchelor –

Environmental Health Officer, Local Authority Inspector Food Act, Litter Warden, Resource Management Enforcement Officer, Dangerous and Insanitary Buildings Officer, Bylaws Officer, Sale and Supply of Alcohol Inspector

26 June 2015 Warrant of Appointment – Ian Alastair Shaw - Senior Environmental Health Officer and Resource Management Act Enforcement Officer, Local Authority Inspector Food Act, Litter Warden, Resource Management Enforcement Officer, Dangerous and Insanitary Buildings Officer, Bylaws Officer, Sale and Supply of Alcohol Inspector

14 July 2015 Warrant of Appointment – Annette Elizabeth Davidson - Environmental Health Officer, Local Authority Inspector Food Act, Litter Warden, Resource Management Enforcement Officer, Dangerous and Insanitary Buildings Officer, Bylaws Officer, Sale and Supply of Alcohol Inspector




Report for Agenda Item No 11 Prepared by - Mark Geddes

District Planning Manager Resource Management Delegations

_____________________ Purpose of Report This report requests that Council considers revising its existing Resource Management Act 1991 (RMA) instrument of delegations. Background General For a local authority to work efficiently and effectively, it is vital that the Council delegates some of its statutory powers and functions to committees and staff. Minor or inconsequential administration matters are normally delegated to staff, while major decisions are traditionally reserved for Council or the relevant Council Committee. Council is currently revising all of its statutory delegations. It is intended that a consolidated delegations manual is prepared that combines all relevant Council statutory delegations in one document. The Group Manager Corporate Services will present the consolidated delegations manual to Council later in the year. Despite this, and as staff have identified some risks with the existing RMA delegation instrument, there is a need to revise the RMA delegations as soon as possible. The delegation of Council’s statutory functions and powers to staff is provided by Sections 34 and 34A of the RMA. The exception to this is the power of delegation and the approval of a District Plan, which cannot be delegated. Existing RMA Delegations The existing RMA delegation instrument was adopted by Council on 15 May 2012. The instrument provides a tiered hierarchy of delegations for most of Council’s RMA’s functions and powers. If no delegation is made in the instrument, then a decision on the matter has to be taken by the full Council. Some examples of staff delegations under the existing instrument are the determination of: non-notified resource consents; outline plans; and certificates of compliance. Decisions on major matters like plan changes, or notified resource consents are reserved for the Council, the Hearings Committee or Resource Planning and Regulatory (RP&R) Committee. Proposed Delegation Instrument The proposed delegation instrument is attached as Appendix 1. The instrument has been prepared in consultation with the Chairman of Council’s Resource Planning and Regulation and Hearings Committees to ensure that:

The Council retains appropriate powers;

Council’s statutory responsibilities under the RMA are administered efficiently;

Staff have powers and functions appropriate to their position;

Risks associated with the existing delegations instrument are resolved.


The proposed delegation instrument takes a different approach to the existing instrument. The existing delegation instrument is a large 46 page document that lists each specific provision of the RMA (requiring a decision by the Local Authority) and then states the level of delegation level for each provision. The main risk and inefficiency associated with this approach is that it is easy to miss a relevant section, particularly considering there are hundreds of relevant sections in the RMA. If a relevant section is missed, it means that the approval of the full Council is required, which can cause significant delays in processing basic administrative matters. Addressing each relevant section of the RMA also makes the delegation instrument very large, difficult to review and difficult for Council to understand what powers they want to retain. The proposed delegation instrument takes the opposite approach and consists of a short 3 page document. It provides that most everyday decisions are delegated to the Chief Executive, Group Manager Regulatory Services and District Planning Manager. This level of delegation is consistent with the existing delegation instrument, albeit the existing instrument does it in a different way by exhaustively listing each RMA provision. The proposed delegation manual then lists the small number of statutory functions that are appropriate for the Council, Resource Planning and Regulation Committee and Hearings Committee to retain. Separately it lists the small number of delegations to other staff, which mainly consists of minor administration functions. Decisions can be taken by someone higher in the delegation hierarchy at any time, or if any conflicts of interest or other concerns arise. The approach taken by the new delegation instrument has been recommended by Council’s Resource Management lawyers. The proposed delegation instrument also addresses the delegation to approve grants from the Built Heritage Protection Fund and Significant Natural Areas Fund. It is proposed to delegate this power to senior staff (Chief Executive, Group Manager Regulatory Services, District Planning Manager). This is considered to be appropriate as:

The quantum of the funds are relatively small, being $20,000 (built heritage fund) and $30,000 (SNA fund).

The maximum amount of each grant is relatively small ($5,000) and within senior staff’s normal financial delegation;

Grants can be allocated more efficiently by staff than a Committee. The relatively long waiting period for grants has been an issue for some applicants.

Both funds are subject to detailed criteria which specify how the Council wants the funds allocated.

The criteria and guidance for each of the funds is attached as Appendix 2. Notwithstanding the above, it is considered appropriate that Council retains some oversight of the allocation of grants from both funds. Accordingly, it is recommended that the District Planning Manager reports on the allocation of both funds annually. If Council is not satisfied with the allocation of grants, they can changed the funding criteria, or require the Resource Planning and Regulatory Committee to allocate the grants. While the proposed delegation manual is submitted for Council’s consideration now, Council will get another opportunity to revisit the instrument, when the consolidated delegations manual is submitted for Council’s approval later in the year.


Options 1. Adopt the proposed delegations instrument; or 2. Amend the proposed delegations instrument; or 3. Retain the existing delegations instrument; or 4. Amend the existing RMA delegations instrument. Identification of Relevant Legislation, Council Policy and Plans Resource Management Act 1991 Assessment of Significance This matter is not deemed to be significant in terms of Councils significance policy. Consultation The Chairman of the Resource Planning and Regulation and Hearings Committee has been consulted on this matter. No other consultation has been conducted or considered necessary. Other Considerations There are no other considerations relevant to this matter. Funding Implications There are no funding implications. Conclusion Council should consider the proposed RMA delegations instrument. Recommendations 1 That this report be received. 2 That the Council resolves to adopt the proposed Resource Management

delegations instrument. 3 That the fund criteria and guidelines for the Built Heritage Protection Fund

and the Significant Natural Areas Fund are amended to state that the funds are allocated by staff.

4. That the District Planning Manager reports to the Resource Planning and

Regulatory Committee annually in respect of the allocation of the Built Heritage Protection Fund and the Significant Natural Areas Fund.


Appendix 1

Resource Management Delegation Instrument

Timaru District Council

Instrument of Resource Management Delegations

Introduction

1. This instrument of delegation principally relates to all of the Timaru District

Council’s functions, powers or duties under the Resource Management Act 1991

(RMA) and all regulations promulgated under that act including the application of

rules under the District Plan.

2. Section 34 and 34A of the RMA provides Council the power to delegate its

functions, powers and duties.

3. The approval of a plan, the power of delegation, the setting of fees and charges

are matters that cannot be delegated to staff.

4. This instrument also relates to power to approve grants from Timaru District

Council’s Built Heritage Protection Fund and Significant Natural Areas Fund.

5. This instrument comes into force on 24 June 2015.

Hierarchy of Delegations

6. This instrument uses the following hierarchy of delegations listed from the highest

level to the lowest:

Level 1- Resource Planning and Regulation (RP&R) Committee

Level 2 Hearings Committee, or a Hearings Commissioner appointed by

the, Chief Executive, Group Manager Regulatory Service or the District

Planning Manager

Level 3 Chief Executive, Group Manager Regulatory Services, District

Planning Manager


Level 4 - Senior Planner, Senior Planner (Policy)

Level 5 Planning Officer

7. Where a delegation is made to a specified level, it is deemed to include anyone

of the stated positions at that level or any of the levels above in the delegation

hierarchy.

8. Delegations are specified to the lowest level considered appropriate. However, in

any particular instance a decision can be made at a higher level if there are

concerns about any particular matter.

9. Enforcement officers will be delegated by separate resolution of the Council.

10. Where someone delegated powers, duties or functions in this instrument has a

conflict of interest, that interest must be declared. The matter will then be either:

a. Referred to an alternative person that has the same delegation as the

person with the conflict of interest; or

b. Escalated up to the next level in the delegation hierarchy.

Delegation Schedule

Topic RMA

Reference

Description of Power, Duty, Function Delegate

Level

Plan Approval Cl.17, Part

1, Sch. 1

The approval of a plan or change to a plan.

1

Decisions on

Plan

Submissions

Cl.10, Part

1, Sch. 1

Decision on submissions in relation to a plan or

plan change.

2


Notice of

Requirements

& Heritage

Orders

s. 171 &

191

The making of a recommendation on a notice of

requirement for a designation or heritage order

under Part VIII.

Resource

Consent

Decisions with

Hearing

s.104A-106,

s108, 220,

357-357D

The decision on a resource consent that has gone

to a hearing, including the decision on an

objection.

Management

Powers

- Other than those functions, powers and duties

stated above, all RMA functions, powers or duties.

3

Consent

Orders

- The signing of consent orders in respect of a

resource consent appeal or an appeal in respect of a

plan change. Before signing the consent order, the

delegate shall consult with the Chairperson of the

RP&R Committee.

Commission

Reports

s.92 The power to commission reports. 4

Determine if

Hearing

Necessary

s.100 To determine the necessity for a hearing on an

application for a resource consent.

Notice of

Decisions

s.114 To determine the range of persons and authorities on

whom notices of decisions should be served.

Minor Mistakes s.133A To issue an amended resource consent that corrects

minor mistakes or defects in the consent.

Return

Resource

Consent

Application

s.88(3) To determine a resource consent application is

incomplete and to return that application.

5

Further

Information

s. 92 To request further information in respect of a

resource consent application.


Further

Information

Timeframes

s.92 To set a time which the applicant has to provide the

information and tell the applicant of that time.

Prepare

Reports

s.42A The power to prepare a report on information

provided on any matter described in section 39(1) by

the applicant or any person who made a submission.

Consent

Notices

s. 221 The authorisation of a consent notice.

Schedule

Hearings

s.101

To determine the commencement date, time and

place for the hearing of an application for resource

consent. If the application is being heard by Councils

Hearing Committee, the decision should be taken in

consultation with the Chair of the Hearings

Committee.

Survey Plans s.223 To determine whether or not a survey plan, which

has been submitted to the Council for approval,

conforms with the relevant subdivision consent or

certificate of compliance.

Compliance

with

Subdivision

Consent

Conditions

s.224 To determine whether or not the conditions of a

subdivision have been complied with.

Fund Grants - The power to make grants from the Built Heritage

Protection Fund and the Significant Natural Areas

Fund. All grants have to accord with fund criteria

adopted by Council.

3


Appendix 2

Fund Criteria and Guidelines for the Built Heritage Protection Fund and the Significant Natural Areas Fund

GUIDELINES FOR DISTRIBUTION OF FUNDING FROM THE HERITAGE PROTECTION BUDGET

Background Each year Council provides, within the budget, funding for heritage protection. This funding is made available in acknowledgement of the restrictions placed on buildings, identified within the District Plan, as having heritage value and in effort to preserve, in particular, the façade and streetscape of the central business districts of the towns and townships within the district. The funding acknowledges the often substantial sums expended by the owners of these buildings in their efforts to preserve and maintain the buildings and in so doing preserving our architectural history. Any assistance provided is intended to encourage and to assist with preserving the authenticity of the structures and appearance of the exterior of the buildings concerned particularly with respect to colour schemes. Requests for funding Requests for funding shall be in writing and made to the Resource Planning and Regulation Committee of Council. Criteria for Funding Within budget, funding will be available for this work subject to the following criteria: The building concerned will be identified within the District Plan as having heritage

value. Requests for funding will be required to be accompanied by a report from a suitably

experienced person detailing the heritage value of the building concerned and the benefit of the work proposed to the preservation of any identified attributes.

Preference will be given to preserving the external appearance of a building where the

work proposed gives greatest visual benefit to the public generally. Preference is expressed for giving some assistance to the preservation of several

buildings rather than significant funding to the preservation of one particular building. The above item, relating to the allocation of funding, shall not preclude the bulk funding

of a particular project where evidence is provided and where Council is convinced that the building concerned is of such value as to warrant expenditure on it, at the expense of other potential projects.

By way of general guidance the assistance provided will normally be restricted to the

sum of $5,000 and the associated work will usually relate to painting with product of approved colour, weatherproofing of the building or preservation and maintenance of the external architectural features of the building concerned.

Applications, for consideration by the Resource Planning and Regulation Committee,

must include the completed form, attached, together with a report confirming the heritage value of the building and such other supporting data as may be considered appropriate.


Significant Natural Areas

Fund

Fund Criteria & Application

Guidelines


Significant Natural Areas Fund Criteria & Application Guidelines

Please read the fund criteria & guidelines BEFORE filling in your application form.

Reading these will save you time! Please Note: These guidelines specify procedures and conditions that are legally binding for successful applicants.

Aim of the Significant Natural

Areas Fund

“The Timaru District Council’s Significant Natural Areas Fund aims to assist and actively encourage landowners and

members of the Timaru District community to manage, protect and enhance significant native vegetation and

significant habitats of native fauna.”


Funding Categories Applications must fall into one of the following categories to be eligible for funding: 1 Preservation - Significant natural area preservation includes fencing off and

permanently protecting ie covenanting, areas of significant native vegetation and significant habitats of native fauna.

2 Management - Significant natural area management includes activities like plant

and pest management in areas of significant native vegetation and significant habitats of native fauna.

Note: 1 The Significant Natural Areas Fund is a contestable fund and each application

will be assessed on its merits on a case-by-case basis. 2 Funding is only available for projects taking place on land within the boundaries

of the Timaru District Council. 3 Sites that meet the criteria for significant native vegetation and significant habitats

of native fauna and that are subsequently listed as Significant Natural Areas.

Preservation Projects For a project to be eligible in this category it must meet all of the following criteria: a) It is for an area of significant native vegetation and significant habitats of native

fauna; b) It shall not be planted with any exotic vegetation once protected; c) Significant native vegetation and significant habitats of native fauna shall not be

damaged, disturbed or destroyed; d) Domestic stock must be excluded from the area to be protected; e) It must have a protective covenant registered on the title of the land (or be

entered into as part of the funding application);

f) It must meet the General Criteria listed in this document; and

g) It must have a management plan. Preservation is limited to those areas which require permanent retirement from forestry, farming or general landuse activities. The General Criteria may be changed in the future following the completion of the district wide survey.

Management Projects For a project to be eligible in this category it must have a significant natural area management plan. The funding for significant natural areas in this category may go towards maintenance of the significant natural area.


General Criteria As contained in the Timaru District Plan. Note: The General Criteria may be changed in the future following the completion of the district wide survey.

ASSESSMENT PROCEDURE - AREAS OF SIGNIFICANT NATIVE VEGETATION AND SIGNIFICANT HABITATS OF NATIVE FAUNA In determining whether an area is significant in terms of section 6(c) of the Resource Management Act 1991 the Council will use the following criteria: Primary Criteria A The ecological values of the area - the values of the place itself (i) Representativeness - Whether the area contains one of the best examples of an

indigenous vegetation type, habitat or ecological process which is typical of its ecological district.

(ii) Rarity - Whether the area supports or is important for the recovery of, an

indigenous species, habitat or community of species which is rare or threatened within the ecological district or is threatened nationally.

(iii) Diversity and Pattern - The degree of diversity exhibited by the area in:

vegetation habitat types ecotones species ecological processes

(iv) Distinctiveness/Special ecological character - The type and range of unusual

features of the area itself and the role of the area in relationship to other areas locally, regionally and nationally, including: presence of indigenous species at their distribution limit levels of endemism, (eg, the presence of endemic species) supporting protected indigenous fauna for some part of their life cycle (eg

breeding, feeding, moulting, roosting), whether on a regular or infrequent basis

playing a role in the life cycle of migratory indigenous fauna containing one of the best examples of an intact sequence, or substantial

part of an intact sequence of ecological features or gradients supporting predominantly intact habitats with evidence of healthy natural

ecosystem functioning

Other Criteria B The ecological context of the area including its relationship with its

surroundings (v) Size and Shape - The degree to which the size and shape of an existing area is

conducive to it being, or becoming ecologically self-sustaining.


(vi) Connectivity - The extent to which the area has ecological value due to its location and functioning in relation to its surroundings. An area may be ecologically significant because of its connections to a neighbouring area, or as part of a network of areas of fauna habitat. For example an area may act as a corridor or stepping stone for movement/migration of species between or to areas of important habitat.

C The future ecological value of the area (vii) Long Term Sustainability - The degree to which an area is likely to maintain itself,

taking into consideration. extent to which criteria in paragraphs A and B above are met degree of historic modification to the area and its surroundings which affects

its future degree of resilience of species and habitats present the effects of current management on identified ecological values the extent to which the area has achievable potential, with management

input, for restoration of ecological values which are significant in the ecological district

Note: the application of some ecological criteria such as representativeness, rarity and connectivity may not be able to be confirmed until a extensive number of properties have been surveyed in a particular locality and the overall pattern of remnant indigenous vegetation and habitats can be assessed.

Final consideration D Before deciding whether or not any identified area should be confirmed as being

significant, Council will have regard to the following matters: (a) existing land use and the degree of modification associated with the site; (b) economic effects on the landowner (eg, management costs, lost

development potential); (c) other options for ensuring the identified values and their needs are

recognised and protected; (d) presence and level of animal pests and weeds; (e) resources required to implement effective protection; (f) whether or not identified values are under threat; (g) the extent to which values are or are not protected elsewhere; (h) any other relevant factor.

Glossary of Terms Endemic: Refers to species of plants and animals, which are unique to an area, or animals, which may migrate but only to breed in the area. Ecological District: One of the major levels used for the ecological classification of land. New Zealand has been divided up into 85 ecological regions and 269 ecological districts according to geological, topographical, climatic and biological features and processes. This reflects the small-scale variability of New Zealand’s ecological patterns. An ecological district is a land where topographical, climatic, soils and biological features and broad cultural patterns produce a characteristic landscape of biological communities. An ecological region compromises adjacent ecological districts with closely related characteristics, or may only include one ecological district with very distinct features.


Habitat: The environment in which a particular species or group of species live. It includes the physical and biotic characteristics that are relevant to the species concerned. For example, the habitat of whio/blue duck consists of swift water with an abundance of freshwater insects. Ecotone: A transitional zone between two habitats, which has distinct species or ecological characteristics of its own. Resilience: The ability of a community or species to recover quickly (return to its original state) from perturbation, disturbance or displacement. Community: The species that occur together in the same place at the same time. Population: A group of individuals of one species in an area. Ecosystem: A biological system comprising a community of living organisms and its associated non-living environment (such as sunlight, air, water, minerals and nutrients), interacting as an ecological unit. Rare: Species with small world populations that are not at present endangered or vulnerable but are at risk of extinction. The species are usually localised within restricted geographical areas or habitats, or thinly scattered over a more extensive range. Endangered: Species in danger of extinction and whose survival is unlikely if the factors causing their decline continue to operate. Vulnerable: Species likely to move into the endangered category in the near future if the factors causing their decline continue to operate. Threatened species: A species or community that is vulnerable or endangered. Biological diversity: The variability among living organisms from all sources, this includes diversity within species, between species and ecosystems. Components include genetic diversity, species diversity and ecosystem diversity.

Representativeness

Contains an ecosystem that is underrepresented or unique in the ecological district *

Rarity contains threatened ecosystems *;

contains threatened species *;

contains species that are endemic to the ecological district *

Diversity diversity of ecosystems, species, vegetation *

Distinctiveness contains large/dense population of viable species *;

largely in its natural state or restorable *;

uninterrupted ecological sequence *;

contains significant land forms *

Continuity & Linkage within Landscape

provides, or has potential to provide, corridor/buffer zone to an existing area *

Cultural Values traditionally important for Maori

recreational values

significant landscape value

protection of soil values

water catchment protection


recreation or tourism importance

aesthetic coherence

Ecological Restoration

ability to be restored *

reasonable cost and time for restoration (eg up to $5,000)

Landscape Integrity

significance to the original character of the landscape

isolated feature, does it stand out or blend in

does it have a role in landscape protection

Sustainability size and shape of area

activities occurring on the boundaries which may affect its sustainability

adjoins another protected area

links

easily managed

Note: 1 Sites listed as a Significant Natural Area may be inspected by the Timaru District

Council prior to the consideration of an application. 2 The Timaru District Council will inspect sites not already listed as a Significant

Natural Area so as to ensure that the project is eligible for funding.


Significant Natural Area Management Plans Significant Natural Area Management Plans are required for any Significant Natural Areas Fund application under the categories of Preservation or Management. The landowner must comply with the significant natural area management plan once an application has been approved for funding. A significant natural areas management plan: a) Is a document which sets out the approach to works and/or maintenance of the

feature/site for future years; b) May have conditions (as is appropriate) that the landowner will be required to

meet such as fencing, weed and pest control, keeping stock/domestic animals out of the area and restoration;

c) Will help ensure that the site is managed in a manner that protects and

enhances the significant natural area; d) Does not have to be complex and typically involves the following:

A line drawing of the property/farm on a A4 aerial photograph (photo can be obtained free of charge from the GIS Unit or Planning Unit) showing the area of concern and the proposed management measures;

A description of the current problem/threats to the area (eg cattle grazing

undergrowth of remnant forest, plant pests or animal pests like possums, goats, stoats etc which need controlling/eradicating);

The proposed annual work/maintenance programme to be carried out over

the next 3-5 years. Information to assist you in preparing your management plan to the standard required by Council is available from the Timaru District Council’s Planning Unit.

Timing of Applications In each financial year, there will be one round of funding under the Significant Natural Areas Fund. Each round will be allocated a portion of the total annual funding amount set aside. It is not essential that all funding be allocated for a particular funding round. Any funding not spent can be rolled over into the next funding round. Applications will be considered by the Resource Planning and Regulation Committee. All applications will need to be received by the Planning Unit by the end of the advertised application period.


Financial Details In the application form sufficient details are required to enable the proposed project to be fully costed. If you are registered for GST please do not include GST in your costs. Please attach quotes and any other supporting documentation to your application. The following costs are not eligible: Project costs incurred prior to the lodging of the application; Any costs involved in preparing the application; and Debt servicing. The purchase of equipment is generally NOT eligible for funding unless it can be demonstrated that it is essential for the project (ie it cannot be leased, rented/hired etc) and is a reasonable cost. Each item of equipment will be evaluated on its relative merit to the project. It is recognised that labour contributions (and associated tools and machinery) are an important component of many projects. However, this scheme is not a subsidised employment programme. Labour contributions are eligible as a project cost but should ideally not form more than a third of the total project cost.


What level of grant assistance can I get? The maximum total grant allocated under the scheme is $5,000 (excl GST). There is no minimum grant amount. A maximum grant of $500 (excl GST) applies to administration costs (includes photocopying, mailouts/postage etc) and the reimbursement of resource consent fees. All grants are allocated on the basis of a cost sharing arrangement. The maximum grant rate for all projects is a cost sharing of 50:50, ie the Council will only fund up to half of the project cost. The applicant must make a contribution to the costs. Example: Project cost $2,000 at 50% (excl GST): Significant Natural Areas Fund Grant - $1,000 Individual share - $1,000 The applicant’s share of the cost can be by way of in-kind contributions (eg labour), or cash. GST will be paid in addition to the grant where: the applicant is GST registered; the project is part of the applicant’s taxable activity; and the GST number is supplied on the application form.

How can the District Planning staff assist me? Applicants are encouraged to complete the application form themselves. Anyone experiencing difficulty in filling in the form should contact the Planning Unit for assistance. (Note: Staff assistance does not imply success or preferential treatment in the approval process). The Council will also assist the applicant with their applications by making freely available to them all information about the natural values of the site recorded by the Council when inspecting the Significant Natural Area. Inspections of projects allocated funding will be undertaken by Planning Unit staff.


How will the Council select successful applications? As the number of projects and their total value may exceed the amount of grant money made available by Council each year, funding will be prioritised. Significant Natural Areas Funding will be prioritised by the following criteria: 1 The significance of the site. 2 The natural vales that will be protected by the project. 3 The likely benefits/outcomes of the project. 4 The urgency of the project. 5 The sustainability of the project. Note: 1 Funding will only be allocated for projects taking place on land within the

boundaries of the Timaru District Council. 2 Only sites listed as Significant Natural Areas in the District Plan are eligible for

funding. 3 Discussion and consultation will be undertaken with other agencies such as the

Department of Conservation, Environment Canterbury and the Queen Elizabeth II National Trust, as is appropriate.


How will applications be processed? Applications shall be forwarded to the Planning Unit. All applications will be acknowledged within 10 working days of receipt. Applications will be checked by staff to ensure they have been completed correctly and sufficient detail has been provided. Where applications are considered incomplete or deficient, they will be returned to the applicant for further information or clarification. Where an application is referred back to the applicant for further clarification or information, the applicant will be given a set period to respond. At the close of the application period, applications will be sorted into two categories: 1 Applications that will be given to the Resource Planning and Regulation

Committee for full consideration; and 2 Applications that are considered to fall outside the criteria and/or contain

insufficient information. Meetings of the Resource Planning and Regulation Committee are advertised and any member of the public is welcome to attend. The applicant will be notified in writing within 10 working days of the Resource Planning and Regulation Committee making a decision on their application. Where an application is approved, the applicant will be sent a letter of approval specifying the grant and conditions and requesting acceptance of the offer by entering into a formal agreement. The following conditions apply to any grants made:

1 The applicant must notify the Planning Unit of the acceptance of the grant by signing the legal agreement supplied with the letter of offer and returning it.

2 Any expenditure on a project prior to the application being lodged will not be accepted for funding.

3 All costs associated with the project are first paid by the applicant. Receipts should be forwarded to the Planning Unit for processing. The grant will only be paid for approved costs on the basis of original invoices matched to original receipts.

4 The applicant must notify the Planning Unit once the project has been completed, and at this time a final report on the project must be prepared by the applicant and forwarded to the Planning Unit. The final report shall be presented to the Resource Planning and Regulation Committee. Ten percent of each eligible claim may be withheld and only paid out after the final report is received.

5 Any grant approval is personal to the applicant and cannot be reassigned without the written approval of the Resource Planning and Regulation Committee.


6 Grants must be uplifted within the time specified in the approval. The Resource Planning and Regulation Committee may consider an extension on request.

7 Grants are made subject to the Resource Planning and Regulation Committee being satisfied that the information given is true and correct and that there has been no omission of any relevant fact or any misrepresentation given. The Resource Planning and Regulation Committee retains the right to refuse payments to approved applicants in cases where it determines that it has been misled by the applicant or if the applicant has been placed in receivership, voluntary liquidation or declared bankrupt.

8 In all cases, the decision of the Resource Planning and Regulation Committee shall be final and there will be no rights of appeal or review.

9 The Timaru District Council reserves the right to visit any project or use it for promotional purposes where grant assistance has been given. In all cases the applicant will be notified of a visit.

10 The Timaru District Council reserves the right to suspend and to refuse further grant payments if in the opinion of the Resource Planning and Regulation Committee the grantee willfully or through neglect causes the project to fail. The decision of the Council shall be final and there shall be no rights of appeal or review and no right to compensation or damages of any nature.

Note: Additional conditions maybe imposed at the discretion of the Timaru District

Council.


Once I have an approved grant, how do I claim it?

All accounts are first paid by the applicant

Receipts are sent to the Planning Unit of the Timaru District Council for processing.

A maximum claim value of $5,000 applies (excluding administration/resource

consent fee costs where a $500 maximum claim value applies) 10% of each grant may be withheld, at the Resource Planning and Regulation

Committee’s discretion, and only paid out after the final report has been received by the Committee

Completed project is inspected by a Council Officer

Grant at the approved rate is paid as reimbursement of paid accounts on the

recommendation of the Council Officer


Can I change the contract? Once the cost of a project and the grant rate has been approved by the Resource Planning and Regulation Committee that amount may not be increased or any new categories of expenditure be introduced.

Progress reporting and notification of project completion All successful applicants will be required to report back to the Resource Planning and Regulation Committee on a regular basis detailing their progress in completing the project, particularly the completion of significant milestones. Successful applicants must notify the Planning Unit once their project has been completed. At this time a final report on the project must be prepared by the applicant and forwarded to the Planning Unit. The final report will be presented to the Resource Planning and Regulation Committee.

Council staff who can help

Planning Unit Duty Planner: Phone: (03) 687 7271 District Planning Manager – Mark Geddes Phone: (03) 687 7454 Email: [email protected]

mailto:[email protected]




Report for Agenda Item No 12 Prepared by - Karina Morrow Senior Planner (Policy)

Timaru District Private Plan Change No.20 (McKnight Brookfield Road)

_______________________________ Purpose of Report This report seeks Council’s final approval of Timaru District Private Plan Change No.20 (PC 20). Background PC 20 is a private plan change which proposes to rezone land located at Brookfield Road, Brookfield, Timaru, from Rural 1 Zone to a new zone called ‘Rural Residential (Brookfield Road) Zone’. The land which is subject to the plan change is shown in Figure 1 below. Figure 1: PC20 Brookfield Road–(shown in yellow) PC20 was publically notified on 16 May 2014. Independent Commissioner, Allan Cubitt, and Councillors Mulvey and Stevens, made a decision to grant PC20 with modifications in April 2015. Following notification of the decision, one appeal was lodged with the Environment Court by Federated Farmers of NZ - South Canterbury Province (Federated Farmers). The parties to the appeal (Federated Farmers, Chris McKnight and Council)


subsequently agreed on a course of action which did not require any change to the decision. As such, the appeal was consequently withdrawn by Federated Farmers. The final provisions and outline development plan are attached as Appendix A. Options Clause 17, Schedule 1 of the Resource Management Act 1991 (RMA) prescribes that the only available option to Council is to approve PC20 and affix its seal. Once Council has approved PC20, the Planning Unit will publically notify the date on which PC20 becomes operative. Identification of Relevant Legislation, Council Policy and Plans

RMA

Timaru District Plan Assessment of Significance This matter is not deemed significant under the Council’s Significance Policy. Consultation The applicant undertook consultation with neighboring landowners prior to lodging the application with Council. Following lodgement of the application, the plan change was processed on a publically notified basis. This included notice to statutory bodies and landowners and public notices in the Timaru Herald, on Council’s website and in Councils service centres and libraries. A written submission period and hearing also took place. Other Considerations There are no other considerations relevant to this matter. Funding Implications There are no funding implications. Conclusion Council’s final approval of PC 20 is a statutory requirement. Recommendations 1. That this report is received. 2. That Timaru District Council Plan Change No.20 be approved and that

Council’s seal is affixed to a copy of the resolution.


Appendix A Final provisions

TRACKED CHANGE VERSION OF PLAN CHANGE (additions shown underlined, deletions shown with strike through) Amend Part D1 as follows: Part D1 – Rural Zones 1.1 LAND 1.1.4 METHOD (1) List activities provided for in these zones and require compliance with

performance standards for:

servicing for water supply and effluent disposal and roading

bulk and location of buildings

floor heights for flooding

protection of indigenous flora and fauna and river and coastal margins

protection of residential amenity

protection of rural amenity values Principal Reason Listing activities and setting performance standards should provide greater certainty to people about the types of activities and the resulting environmental effects they can anticipate in rural areas and recognises these areas are less densely settled when compared to other zones.

1.2 INTENSIFICATION OF DEVELOPMENT 1.2.1 ISSUE

Intensive development can have adverse effects in rural areas. Explanation Within the rural parts of the District there has been provision for Rural Living Sites since 27 August 1988...

conflict with odour and noise effects of existing activities in rural areas, including factory farming, motorsport and the Richard Pearse Airport (see Issue 1.4.1 and 1.5.1); and some of the subdivision is on versatile land (see Issue 1.1.1).

1.2.3 POLICIES (1) To provide for a range of sites and uses, as long as the environmental effects

including cumulative effects of development meet performance standards for the zone. Explanation and Principal Reason Council’s investigations have identified several Resource Management Issues which are closely linked with the intensive development of rural areas. These issues include: ... Among the range of measures available to address these issues Council has included limitations on the scale and intensity of subdivision because of the close link between this activity and the anticipated development opportunities associated with smaller allotments. A singular management approach is however not adequate or efficient in providing for choice in the Rural environment and has also resulted in a dispersed pattern of housing with a loss of rural character and amenity in the wider environment. In order to maintain a low density of development in the wider rural areas, the District Plan will continue to limit subdivision within the Rural Zones and to support this approach by providing for rural residential opportunities. This approach provides for choice in the rural residential environment as well as enhancing certainty for the community as to where this type of development will be occurring.


This policy enables people to realise their aspirations for rural living while limiting the adverse effects of intensive development of this type and the adverse effects of dispersed and ad hoc subdivision.

Insert new 1.10A as follows: 1.10A RURAL RESIDENTIAL (BROOKFIELD ROAD) ZONE 1.10A ISSUE 1

There is a need to provide choice in the character and density of living environments to meet community needs, while achieving appropriate amenity within the zone while maintaining that of surrounding areas. Explanation There is a community demand for a range of living environments that differ in character and density. It is recognised that there is a demand for low density residential living zones that incorporate rural characteristics located in rural settings close to townships and the services they provide. There is a need to ensure that rural residential areas have a high level of visual amenity, including ensuring that buildings are appropriately located scaled, well integrated and responsive to local environmental character and amenity.

OBJECTIVE A rural residential environment is provided with low allotment density and high levels of amenity, that maintains and enhances the amenity values of that zone and the surrounding area at Brookfield Road. Principal Reason Provides for residential choice and meets a community demand for an area of low density residential development. This objective acknowledges the value the community places on living in a pleasant environment whilst effects on the amenity values of surrounding areas is maintained.

POLICY (1) To provide for subdivision and built development in a Rural Residential

(Brookfield Road) Zone where the effects on rural amenity values are managed in accordance with the following: (a) The number, size and layout of allotments is optimised in response to the

topography and landscape values. (b) Integrated management of subdivision, built development and activities is

achieved by requiring compliance with an Outline Development Plan and a set of complementary rules which result in a comprehensive and efficient layout.

(c) Limiting the extent of the Rural Residential (Brookfield Road) Zone to ensure rural outlook or appreciation is provided and that it remains contained and can be efficiently serviced.

(d) Limiting the range of activities, buildings and infrastructure within the Rural Residential (Brookfield Road) Zone to those required for rural living only.

(e) Connections are provided to waterways, reserves and urban areas for pedestrians and cyclists.

Explanation and Principal Reason The Rural Residential (Brookfield Road) Zone covers 22.4 hectares of land located off Brookfield Road, adjacent to Centennial Park. The zone provides for rural residential in a location which is of high convenience and accessibility to Timaru. The purpose of the zone is to meet housing demand for people seeking larger living properties outside of a suburban environment but not so large that they are required to establish productive rural uses on the land. The Rural


Residential (Brookfield Road) Zone also assists in management of adverse effects which have accumulated over time from the on-going creation of small, ad hoc rural-residential subdivisions dispersed throughout the rural zones. This policy provides the basis for the rules controlling subdivision and the use of land within the Rural Residential (Brookfield Road) Zone. Whilst the zone provides for rural residential in a location which is highly accessible and convenient to the urban area, it is appropriate that the layout and scale of built development is sensitive to rural amenity values and the outlook from urban properties. The Rural Residential (Brookfield Road) Zone will obtain water from the Timaru main which crosses the site and will be serviced by an independent wastewater treatment system. Underpinning the Rural Residential (Brookfield Road) Zone is a requirement to comply with an Outline Development Plan. This plan represents a comprehensive approach to land use and development and controls the overall location of buildings and activities. This requires conformity with a prescribed road layout, non-building areas, a walkway connection to the Otipua Creek Reserve, and boundary and landscape treatments. These have been developed to ensure the comprehensive design of the rural subdivision in response to the specific values and geographic constraints of the location and to ensure a higher quality outcome than would be achieved under the more general provisions of the Rural 1 Zone. Particular consideration has been given to locating built development in those areas where there is more potential to absorb development and to mitigate effects on outlook from the urban area to the rural residential environment. The Outline Development Plan is complemented by rules tailored for the rural residential environment. The proposed rules are primarily concerned with the location, scale and finish of built development with buildings well setback from sensitive slopes and boundaries and features with an urban appearance are to be avoided. Similarly, the range of activities provided for is limited to ensure the zone does not become urbanised. The scale and density of development is greater than in the wider rural environment but much lower than provided for in the urban environment. It is fulfilling a demand for housing choice which falls between rural and urban and avoids further cumulative adverse effects from ad hoc and unplanned rural residential subdivision.

METHOD (1) Include rules that ensure a low density of subdivision and development, and

high levels of amenity, by listing activities provided for in the zone and require compliance with performance standards or rules for:

servicing for water supply, stormwater and waste water disposal;

bulk and location of buildings;

appearance;

open space and privacy;

lighting;

intensity of development;

outline development plan layout. Principal Reason These methods ensure that the intent of the policy is met through appropriate rules and provisions controlling development in the Rural Residential Zone at Brookfield Road. Listing activities and setting performance standards provides greater certainty to people about the types of activities and the resulting environmental effects they can anticipate in this zone. These methods require those activities using the servicing infrastructure to contribute to the cost of providing and maintaining these services and encourages the efficient use of


services. They also ensure there is land or funding for open space and recreation facilities prior to development commencing. Restricting activities that could lead to adverse environmental effects on the rural residential environment will assist to protect the amenity for residents of this zone. The Outline Development Plan was created following assessments as to where best locate development having regard to effects on landscape values and traffic effects.

(2) A financial contribution shall be required to recover the cost of providing services including open space and recreational facilities for the benefit of people throughout the District (see General Rules), as well as infrastructure upgrades. Principal Reason Ensures there is land or funding for providing servicing prior to development commencing. Require those activities using the servicing infrastructure to contribute to the cost of providing and maintaining these services and encourages the efficient use of services.

Insert new 1.11.7 as follows: 1.11.7 RURAL RESIDENTIAL (BROOKFIELD ROAD) ZONE 1 PERMITTED ACTIVITIES

The following activities are permitted subject to complying with all performance standards for this zone and the General Rules:

1.1 Household units and accessory buildings to household units. 1.2 Home occupations. 1.3 Grazing of animals in accordance with Council Bylaws except pig or poultry

farming. 1.4 Open space or its use for recreational purposes, other than motor sports. 1.5 Utility services. 1.6 Telecommunication facilities limited to those required to service the

telecommunication needs of residents of the Rural Residential (Brookfield Road) Zone only.

1.7 Road construction and maintenance. 1.8 Clearance, disturbance and trimming of vegetation which is not significant

indigenous vegetation or significant habitats of indigenous fauna or significant trees.

1.9 Those activities provided for in the General Rules as permitted activities. 2 DISCRETIONARY ACTIVITIES

The following are discretionary activities in this zone subject to complying with the General Rules:

2.1 Any activity which is listed as a permitted activity but does not comply with the performance standards for this zone, except as specified below.

3 NON-COMPLYING ACTIVITIES The following activities are non-complying in this zone subject to complying with the General Rules:

3.1 More than one household unit per allotment. 3.2 Any building within the Building Exclusion Area as shown on the Outline

Development Plan (contained in Appendix 1 of the Rural Residential (Brookfield Road) Zone).

3.3 All other activities in this zone are non-complying unless they are provided for by a General Rule.

4 PERFORMANCE STANDARDS FOR ALL ACTIVITIES IN THE ZONE 4.1 Household units are limited to one household unit per allotment. 4.2 The total number of household units in the Rural Residential (Brookfield Road)

Zone shall not exceed one dwelling per 5000m2 within the build area shown on


the Outline Development Plan (Contained in Appendix 1 of the Rural Residential (Brookfield Road) Zone).

4.3 No building shall be erected within any building setback area as shown on the Outline Development Plan (contained in Appendix 1 of the Rural Residential (Brookfield Road) Zone).

4.4 The maximum height of buildings shall be 4.5m. 4.5 All buildings shall be set back a minimum of 10 metres from road boundaries or

access ways. 4.6 All buildings shall be set back a minimum of 10 metres from boundaries with

adjoining sites. 4.7 All buildings shall be contained within a building envelope constructed by

recession planes as set out in Appendix 2. 4.8 Lines and pipes associated with utility services and any lines associated with

telecommunication facilities shall be placed underground. 4.9 The maximum total area of building footprint per allotment shall be:

a. 350m2 for a household unit (including attached garaging, but excluding decks and hard-surfacing); and

b. 80m2 for accessory buildings. 4.10 The fencing of all property boundaries shall be limited to post and rail, or post

and wire, or hedges only. 4.11 The colour reflectance of roofs shall be no greater than 10%. 4.12 The colour reflectance of the walls of buildings shall be no greater than 32%. 4.13 All materials used for buildings or fencing shall be:

painted and/or stained in natural hues of grey, green and/or brown; and

painted or stained in a colour that meets the reflectance value specified above; or

unpainted timber; or

local bluestone; or

bricks or concrete block that have muted and recessive colour tones. 4.14 Any boundary fence abutting the Recreation 2 Zone shall not be more than 1.5

metres high. 4.15 Within each Rural Residential (Brookfield Road) Zone allotment there shall be:

a minimum of 4 trees capable of attaining a minimum height of 8 metres at maturity; and

these trees shall be planted no closer than 10 metres apart; and

these trees shall be located within the permitted building areas.; and

except for rear lots, at least 2 of the 4 required trees shall be planted in the road setback.

The trees shall be established prior to the issue of building consent for a building or subject to a legally binding agreement and enforceable bond allowing planting to occur at a date no later than 6 months following the completion of construction of the building. This planting shall be maintained and any dead or diseased trees shall be replaced immediately.

5 ATTENTION IS DRAWN TO THE FOLLOWING GENERAL RULES (a) Water, Sewer, Stormwater, and Open Space and Recreation Contributions See General Rule 6.5. (b) Vehicle Access and Loading See General Rule 6.7. (c) Hazardous Substances See General Rule 6.9. (d) Temporary Buildings and Activities


See General Rule 6.10. (e) Signs See General Rule 6.15. (f) Natural Hazards See General Rule 6.16. (g) Keeping of Animals See General Rule 6.17. (h) Filled Sites See General Rule 6.18. (i) Noise See General Rule 6.21

Insert following appendix into 1.11.7

Timaru District Council Council Meeting #943572 50 11 August 2015

APPENDIX 1: RURAL RESIDENTIAL (BROOKFIELD ROAD) ZONE, OUTLINE DEVELOPMENT PLAN


Amend Part D6.3 - Subdivision as follows: 6 GENERAL RULE 6.3 SUBDIVISION 6.3.17 RULES AND PERFORMANCE STANDARDS FOR SUBDIVISION IN THE

RURAL RESIDENTIAL (BROOKFIELD ROAD) ZONE (1) Controlled Activities

(i) Subdivision which meets the performance standards for the Rural Residential (Brookfield Road) Zone shall be a controlled activity.

(ii) Subdivision for utility services. The Council shall restrict its control to the following matters:

Earthworks, and in particular to require all earthworks to be smoothly graded to integrate with surrounding levels.

The use of conditions to require all earthworks to be subject to an Accidental Discovery Protocol.

The use of conditions to require any retaining structures to be faced with a natural local basalt finish.

Mitigation of potential natural hazards.

The number and layout of allotments to achieve the outcomes intended for the zone.

Whether site size delivers a rural residential environment with low allotment density and high levels of amenity, that maintains and enhances the amenity values of that zone and the surrounding area at Brookfield Road.

The provision of physical services / infrastructure to and within the zone.

The use of conditions to require all lines and pipes associated with utility services and telecommunication facilities to be located underground.

The design of the intersection with Brookfield Road.

Traffic access and circulation.

The provision and design of pedestrian footpaths within the subdivision

The use of conditions to require: o the provision of 2.5m wide access links which enable public

pedestrian/cycle access from the Rural Residential (Brookfield Road) Zone to the Otipua Creek Reserve walkway as shown on the Outline Development Plan (contained in Appendix 1 of the Rural Residential (Brookfield Road) Zone); and

o the formation of 8 public car parks accessible to the pedestrian/cycle access to the Otipua Creek Reserve as shown on the Outline Development Plan (contained in Appendix 1 of the Rural Residential (Brookfield Road) Zone).

The use of conditions to ensure compliance with the detailed planting plan as required by the performance standards and outline development plan.

The design and management of stormwater systems within the site.

The use of conditions to require appropriate mechanisms (consent notice / covenant) to be applied to the subdivision to require: o buildings to have their roof stormwater collected for an event with a 20%

AEP; o each site to provide and maintain a link to the public water main and the

public sewage reticulation main.

Reverse sensitivity, including the extent to which mechanisms to avoid or mitigate reverse sensitivity concerns are proposed e.g. no complaint covenants in relation to rural activities permitted by the District Plan on adjacent sites.

The use of conditions to require:


o up-grading of Brookfield Road between the intersection into the Rural Residential (Brookfield Road) Zone and Landsborough Road providing: a minimum sealed carriageway width of 6m, a minimum 0.5m unsealed hard shoulder either side of the carriageway, and a 1.5m berm on one side of the carriageway.

o up-grading of the Brookfield Road/Landsborough Road intersection, including any necessary widening of the culvert and installation of appropriate signage.

o vesting in Council the area indicated as “10m road widening provision” shown on the Outline Development Plan (contained in Appendix 1 of the Rural Residential (Brookfield Road) Zone).

o a financial contribution towards up-grading of the intersection of Landsborough/Coonoor/Fairview Roads up to a maximum of 25% of the cost of the up-grade.

o a financial contribution towards upgrading of the bridge on Brookfield Road up to a maximum of 50 % of the cost of the upgrading of the bridge from a single lane bridge to a two lane bridge.

(2) Restricted Discretionary Activities The following are restricted discretionary activities. (i) The layout of roads and allotments in the Rural Residential (Brookfield

Road) zone where it does not conform with the Outline Development Plan (contained in Appendix 1 of the Rural Residential (Brookfield Road)Zone).

(ii) The formation of a walkway not located in general accordance with the Outline Development Plan (contained in Appendix 1 of the Rural Residential (Brookfield Road) Zone).

(iii) The provision of a detailed planting plan not in general accordance with the Outline Development Plan (contained in Appendix 1 of the Rural Residential (Brookfield Road) Zone).

The Council shall restrict its discretion to the following matters:

Any effects of changing the road layout on traffic safety or efficiency.

Any effects of a changed layout of the road and/or allotments on the location of and proximity between buildings which may alter the landscape effects of development within the Rural Residential (Brookfield Road) Zone.

Any consequential effects of a changed layout of the efficiency of utilities or infrastructure servicing the Rural Residential (Brookfield Road) Zone.

The effect of a change in the location of the walkway on accessibility and convenience for pedestrians and cyclists.

Any change in the amenity values likely to be achieved within the zone from an alternative planting plan.

(3) Discretionary Activities The following activities are discretionary activities in the Rural Residential (Brookfield Road) Zone:

(i) Any comprehensive subdivision of the whole zone where some sites are proposed between 3000m2 and 5000m2.

(4) Non-Complying Activities The following are non-complying activities in the Rural Residential (Brookfield Road) Zone: (i) Subdivision for any purpose other than for rural residential allotments or

utilities to service the Rural Residential (Brookfield Road) Zone. (ii) Subdivision creating more than 35 rural residential allotments. (iii) Subdivision of rural residential allotments less than 3,000m2 in area

within the build area of the outline development plan.


(iv) Subdivision of rural residential allotments with no provision for a public walkway to the Otipua Creek Reserve.

(iv) Subdivision prior to widening and sealing of Brookfield Road. (v) Subdivision prior to the payment of the following financial contributions:

a. A financial contribution towards up-grading of the intersection of Landsborough/Coonoor/Fairview Roads up to a maximum of 25% of the cost of the up-grade.

b. A financial contribution towards upgrading of the bridge on Brookfield Road up to a maximum of 50 % of the total construction costs.

(5) Performance Standards (i) A maximum of 35 rural residential allotments. (ii) A minimum lot size of 5,000m2 (iii) The layout of roads and allotments in the Rural Residential (Brookfield

Road) Zone and the location of the intersection with Brookfield Road shall conform with the Outline Development Plan (contained in Appendix 1 of the Rural Residential (Brookfield Road) Zone).

(iv) A walkway shall be formed and located in general accordance with the Outline Development Plan (contained in Appendix 1 of the Rural Residential (Brookfield Road) Zone).

(v) A legal instrument securing unrestricted public pedestrian access over the walkway registered against the parent title.

(vi) A detailed planting plan identifying tree planting within the road reserve in accordance with the Outline Development Plan (contained in Appendix 1 of the Rural Residential (Brookfield Road) Zone.)

(Renumber subsequent clauses accordingly).


Amend Part D6.6 - General Rules as follows: 6 GENERAL RULE 6.6 ROADING HEIRARCHY 6.6.2 RULES FOR ROAD WIDTHS

Classification Sub Classification

Type of Street Develop-ment Served

Minimum Total Private Access

Recommended Berm and Footpath Width Combined

Minimum Carriageway Combination

Carriageway Total

Surface

Parking Cycle Traffic

Local (Urban) Residential Private access 1-2 hu 3.5 0.8 2.7 2.7

… … … … … … … … … … …

RURAL RESIDENTIAL (BROOKFIELD ROAD) ZONE

Rural Residential

Main Road 0 - 35 hu 20 12.5* 7.5 7.5 All weather surface

Secondary Road 0 - 20 hu 16 2 x 5.0* 6 6 All weather surface

Rights of way 0 - 7 hu 8 4.5* 3.5 3.5 All weather surface but not required

Pedestrian/Cycle link to Otipua Creek Reserve

2.5


6.6.4 RULES FOR STREET LIGHTING (1) Any subdivision which creates a new road or which extends the requirement for

street lighting shall be required to design and construct a street lighting layout in accordance with NZS 6701:1983 Code of Practice for Road Lighting, except for any subdivision in the Rural Residential (Brookfield Road) Zone where street lighting shall be limited to lights at the intersection of Brookfield Road and bollard lighting within the Zone for the purpose of pedestrian guidance only.

6.6.5 RULES FOR FINANCIAL CONTRIBUTIONS Add the following new row to the table concerned with “Circumstances, maximum amount and general purposes of Financial Contributions”. Rural Residential (Brookfield Road) Zone The up-grading of the intersection of

Landsborough/Coonoor/Fairview Roads for the purpose of safe vehicle movement up to a maximum of 25% of the actual construction costs.

The upgrading of the single lane bridge on Brookfield Road to a two lane bridge – to a maximum of 50% of the total construction costs.

Amend Part D6.7 - General Rules as follows: 6 GENERAL RULE 6.7 VEHICLE ACCESS AND LOADING 6.7.3 PERFORMANCE STANDARDS FOR ALL ZONES EXCEPT RURAL ZONES

AND RECREATION 1 AND 3 ZONES (8) Vehicle Crossings

In Residential Zones and the Rural Residential (Brookfield Road) Zone, up to a 6 metres width of vehicle crossings may be provided for every site.

Amend Part D6.8 – General Rules as follows: 6 GENERAL RULE 6.8 PARKING 6.8.3 PERFORMANCE STANDARDS FOR PARKING (1) Household units: 2 spaces for each unit; 1 space for each unit in Residential 2

and Commercial 1A Zones only; 4 spaces for each unit in the Rural Residential (Brookfield Road) Zone only.

Amend planning maps 24 and 37 as follows: Amend these planning maps to show the subject land as Rural Residential (Brookfield Road) Zone.


TIMARU DISTRICT COUNCIL MEETING


Report for Agenda Item No 13 Prepared by Paul Cooper Environmental Services Manager Reconsideration of Amended Elements of Joint Provisional Local Alcohol Policy

_______________________ Purpose of Report To request the Council to reconsider the amended elements of the Joint Provisional Local Alcohol Policy following appeals and the recommendation made by the Alcohol Regulatory and Licensing Authority (ARLA) at the subsequent hearing on 20 May 2015. Background The implementation of the Sale and Supply of Alcohol Act 2012 offered territorial authorities the opportunity to develop and implement their own Local Alcohol Policy (LAP) to enable them to address alcohol related harm in their communities. The Draft LAP was adopted for consultation on 8 October 2013, with the Special Consultative Procedure being used between 12 October to 14 November 2013. The Draft LAP was subsequently amended and adopted on 10 December 2013, at which point it became the Provisional LAP (PLAP). The PLAP was publicly notified for a 30 day period from 8 February 2014, during which time Council received a number of appeals. The process was put on hold at that point pending negotiations with appellants and the hearing held by ARLA on 20 May 2015 to resolve the appeals. The point in issue related to Clause 3.2.2 and the nature of the wording in relation to the distance of licensed premises from sensitive sites, and the definition of a commercial or business zone. By way of a negotiated outcome, the issues raised by appellants were resolved prior to the hearing, enabling ARLA to recommend that the agreed changes to elements of the PLAP be made; the Timaru, Waimate and Mackenzie District Councils reconsider the changed elements; and once agreement was reached on the new wording by the three Councils, with no further appeals once the original submitters were informed of the changes, the policy could be forwarded to ARLA for final sign off. Legal advice is that a 30 day hold off period should be observed between informing the original submitters of the changed elements to the PLAP, and sending the policy to ARLA. This period is not specifically stated in the Act, however it seems appropriate given the Act does specify a 30 day public notification period for appeals to be lodged earlier in the process. Once ARLA has approved the policy, it can then be implemented at the local level, following a further public notification.


The Mackenzie District Council has approved the amended PLAP. Waimate District Council will consider the amended PLAP at its next Council meeting in the coming weeks. Options The three Councils are considering this matter in place of the Joint Committee in the interests of a more efficient timeline, in terms of working through the process. The Timaru District Council can choose to accept the changed elements of the PLAP, or suggest further changes to wording of the changed elements. Any such changes would however lengthen the process of policy development and subsequent implementation. Relevant Legislation Sale and Supply of Alcohol Act 2012 Local Government Act 2002 Assessment of Significance The final implementation of the LAP will be significant in terms of how it affects licensed premises in the Timaru, Waimate and Mackenzie Districts. It is recommended that a communication plan be developed, with input and final sign off by the Joint Committee, to ensure that stakeholders across the three districts are well informed, and given sufficient notice to enable any required changes to their business practices to occur prior to implementation. Consultation See above. Funding Implications There are no significant funding implications. Conclusion The process of developing and implementing a LAP is prescriptive and dictated by legislation and the best available legal advice. It is the hope of the writer that in the absence of further appeals the LAP can be implemented prior to the Christmas break. Recommendations 1 That the Council adopt the amended elements of the Mackenzie, Timaru

and Waimate District Council Provisional Joint Local Alcohol Policy, namely the wording to Clause 3.2.2, and the definition of a business zone and commercial zone.

2 That the SC Joint Local Alcohol Policy Committee meet to confirm the

approach taken in a Communication Plan for the implementation of the Joint Local Alcohol Policy.


MACKENZIE, TIMARU AND WAIMATE DISTRICT COUNCILS JOINT LOCAL ALCOHOL POLICY

1. Background This Local Alcohol Policy (LAP) has been developed jointly by the Mackenzie, Timaru and Waimate District Councils. The Policy sets out a framework for reasonable and consistent decision making in the local administration of the Sale and Supply of Alcohol Act 2012 (the Act). It provides guidance to existing and prospective licensees about their role in reducing alcohol harm which is reflected through the communities’ views and expectations. 1.1 Purpose and Objectives of the Sale and Supply of Alcohol Act 2012. The Act puts in place a new system of control over the sale and supply of alcohol. The key characteristics of this new system are that: • it is reasonable and • the administration of the Act will help achieve the Acts objectives. The object of the Act is to: (a) ensure that the sale, supply, and consumption of alcohol is undertaken safely and

responsibly; and (b) minimise the harm caused by the excessive or inappropriate consumption of

alcohol. 1.2 Local Alcohol Policy Development The government wants to improve community input into local alcohol licensing decision making. Under Section 75 of the Act territorial authorities have the discretion, to establish a Local Alcohol Policy (LAP). All three district Councils decided to work collaboratively on this policy for enhanced efficiency in administration, education and policing. Section 77 of the Act prescribes what a LAP can cover, these are: (a) the location of licensed premises by reference to broad areas: (b) location of licensed premises by reference to proximity to premises of a particular

kind or kinds: (c) location of licensed premises by reference to proximity to facilities of a particular

kind or kinds: (d) whether further licenses (or licenses of a particular kind or kinds) should be

issued for premises in the district concerned, or any part of the district: (e) maximum trading hours: (f) the issue of licenses, or licenses of a particular kind or kinds, subject to

discretionary conditions: (g) one-way door restrictions. These matters (a) to (d) do not apply to special licenses, or premises for which a special license is held or has been applied for. A local alcohol policy cannot include policies on matters unrelated to licensing. Section 78 of the Act outlines the matters that a Council must have regard to when producing a draft policy.


These are: (a) the objectives and policies of its district plan; (b) the number of licenses of each kind held for premises in its district, and the

location and opening hours of each of these premises; (c) any areas where bylaws prohibiting alcohol in public places are in force; (d) the demography of the district’s residents; (e) the demography of people who visit the district as tourists or holidaymakers; (f) the overall health indicators of the district’s residents; and (g) the nature and severity of the alcohol-related problems arising in the district. When producing a draft policy a Council must consult with the Police, Licensing Inspectors, and Medical Officers of Health, each of whom must make reasonable efforts to give a Council any information they hold relating to any of the matters stated in (a) to (g) above. All three agencies supplied a submission on this policy.

2. Definitions Alcohol – A substance that is or contains fermented, distilled, or spirituous liquor, which; in whatever form (such as frozen liquid, or a mixture of a frozen liquid and another substance or substances,) is found on analysis to contain 1.15% or more ethanol by weight, in a form that can be consumed by people. Alcohol Management Plan is a plan of measures and actions designed to manage the sale and supply of alcohol to achieve the objectives of the Sale and Supply of Alcohol Act 2012. Alcohol-related harm - (a) the harm caused by the excessive or inappropriate consumption of alcohol; and (b) includes—

(i) any crime, damage, death, disease, disorderly behaviour, illness, or injury, directly or indirectly caused, or directly or indirectly contributed to, by the excessive or inappropriate consumption of alcohol; and

(ii) any harm to society generally or the community, directly or indirectly caused, or directly or indirectly contributed to, by any crime, damage, death, disease, disorderly behaviour, illness, or injury of a kind described in subparagraph (i).

Amenity and good order of the locality, in relation to a licensing application, means the extent to which, and ways in which, the locality in which the premises concerned are situated (or, in the case of a conveyance, the localities where the conveyance is likely to travel) are pleasant and agreeable. Authorised customer in relation to premises a club license is held for, means a person who - (a) is a member of the club concerned; or (b) is on the premises at the invitation of, and is accompanied by, a member of the

club concerned; or (c) is an authorised visitor. Authorised visitor in relation to premises a club license is held for, means a member of some other club with which the club concerned has an arrangement for reciprocal visiting rights for members.


Bar, in relation to a hotel or tavern, means a part of the hotel or tavern used principally or exclusively for the sale or consumption of alcohol Bottle store means retail premises where at least 85% of the annual sales revenue is expected to be earned from the sale of alcohol for consumption somewhere else. Business zone or commercial zone means land zoned as type of business or commercial zoning in the relevant district plan at the time when the relevant OFF-Licence application is determined. For the avoidance of doubt, the term includes land zoned for business activities (in contrast to industrial or residential activities) in any subsequent district plan, irrespective of the specific name of the zone. Club means a body that— (a) is a body corporate having as its object (or as one of its objects) participating in

or promoting a sport or other recreational activity, otherwise than for gain; or (b) is a body corporate whose object is not (or none of whose objects is) gain; or (c) holds permanent club charter. Discretionary Condition The licensing authority or licensing committee concerned may issue a license subject to particular conditions if – (a) there is any relevant local alcohol policy and (b) in its opinion, the issuing of the license or the consequences of the issuing of the

license, without those conditions would be inconsistent with the policy. The holder of a license must comply with every condition subject to which it has been issued or renewed. District, in relation to a territorial authority, has the meaning given by section 5(1) of the Local Government Act 2002. Early Childhood Education A centre licensed under the Education (Early Childhood Centres) Regulations 1998 and meets Section 310 of the Education Act 1989.

Food product - (a) does not include -

(i) alcohol, confectionery, ready-to-eat prepared food, or snack food; or (ii) a drink (other than milk) sold in a container with a capacity of 1 litre or less; but

(b) includes delicatessen items that are not ready-to-eat prepared food or snack food Grocery Store means a shop that - (a) has the characteristics normally associated with shops of the kind commonly

thought of as grocery shops; and (b) comprises premises where—

(i) a range of food products and other household items is sold; but (ii) the principal business carried on is or will be the sale of food products.

Inspector means an inspector appointed under section 197(1); and, - (a) in relation to premises that are not a conveyance, means an inspector appointed

by the chief executive of the territorial authority in whose district the premises are situated; and

http://www.legislation.govt.nz/act/public/2012/0120/latest/link.aspx?id=DLM3339688


(b) in relation to a conveyance, means an inspector appointed by the chief executive of the territorial authority in whose district the principal place of business in New Zealand of the applicant or licensee (as the case may be) is situated.

Large Event means an event that the territorial authority believes on reasonable grounds will have patronage of more than 400 people.

Local alcohol policy - (a) means a policy, in force under section 90, relating to the sale, supply, or

consumption of alcohol (or to 2 or all of those matters) within the district of a territorial authority or the districts of 2 or more territorial authorities; and

(b) in relation to a territorial authority, means a policy, in force under section 90, relating to the sale, supply, or consumption of alcohol (or to 2 or all of those matters) within its district or the districts of 2 or more territorial authorities that include it.

Medium event means an event that the territorial authority believes on reasonable grounds will have patronage of between 100 and 400 people.

OFF-License is a license for premises where the licensee can sell alcohol for consumption somewhere else. ON-License is a license for premises where the licensee can sell and supply alcohol for consumption on the premises and can let people consume alcohol. This includes ‘Bring Your Own’ restaurants and caterers. One-way door restriction, in relation to a license, is a requirement that, during the hours stated in the restriction, - (a) no person is to be admitted (or re-admitted) into the premises unless he or she is

an exempt person; and (b) no person who has been admitted (or re-admitted) into the premises while the

restriction applies to the license is to be sold or supplied with alcohol. Primary School -Schools offering education to children from Year 1 up to Year 8 or a variation of the Years. Ready to Drink Product (RTD), is a pre-packaged, pre-measured, and pre-mixed alcoholic beverage combining a spirit, wine, malt or fruit base with a carbonated soft drink or juice. Restaurant means premises that— (a) are not a conveyance; and (b) are used or intended to be used in the course of business principally for

supplying meals to the public for eating on the premises. Secondary School - Schools offering education for students from Year 9 up to Year 15, and sometimes Year 7 and 8 as well. Small event means an event that the territorial authority believes on reasonable grounds will have patronage of fewer than 100 people.

Supermarket – means premises with a floor area of at least 1 000 m2 including any separate departments set aside for such foodstuffs as fresh meat, fresh fruit and vegetables and delicatessen items.


Tavern - (a) means premises used or intended to be used in the course of business principally

for providing alcohol and other refreshments to the public; but (b) does not include an airport bar. 3. License Conditions The following conditions will be applicable to licensed premises in all three districts unless otherwise stated. 3.1 ON-License The premises where an ON-license (other than an on-license endorsed under section 37 of the Act) is held, the licensee: (a) can sell and supply alcohol for consumption there; and (b) can let people consume alcohol. Policies related to ON-licenses also apply to: • Bring Your Own (BYO) restaurants (endorsed under section 37 of the Act) • Caterers (endorsed under section 38 of the Act) 3.1.1 Hours of Operation The hours of operation for ON- Licenses apply to premises in the Mackenzie, Waimate and Timaru Districts after consideration of the reports from the Licensing Inspectors, Police and Medical Officer of Health. Note: An application for an ON-license must comply with the Resource Management Act 1991 and Building Act 2004 before it is lodged. The operation of ON-License, (Function centres, Restaurants and Cafes) premises are as follows: Monday to Sunday: 7.00am to 1.00am (the following day) The operation of ON-License, (Taverns, Hotels, Bars and Nightclubs) premises are as follows: Monday to Sunday: 7.00am to 3.00am (the following day) In the case of Hotels, alcohol may be sold or supplied at anytime to any guest residing on the premises. 3.1.2 Discretionary conditions of ON-licenses (Function centres, Restaurants and

Cafes) may include: • Restriction on the consumption of alcohol in outdoor areas after midnight (0000

hours) 3.1.3 Discretionary conditions for ON- Licenses (Taverns, Hotels, Bars and

Nightclubs) may include:

Dedicated door security staff must be provided on Thursday, Friday, Saturday nights and for any event occurring at any Tavern, Hotel, Bar and Nightclub with 100 or more people attending.

Restriction on the consumption of alcohol in outdoor areas after midnight (0000 hours)

No new licensed premise to be within 100 meters of any Early Childhood Centre, Primary school or Secondary school

No shots or double spirit mixes should be sold from 30 minutes prior to closing.


3.1.4 Location of ON – License Premises From the date this LAP comes into force, no further ON-licenses are to be issued for any premises unless that premises is located on the applicable zoned land described in the District Plan or a Resource Consent has been granted by Council for its operation. 3.2 OFF–Licenses The premises where an OFF-License is held, the licensee can sell alcohol for consumption off the premises. While these premises are open the licensee can supply alcohol free for consumption on the premises as a sample up to 40ml. This excludes samples of undiluted spirits which are to be supplied as a sample of up to 25ml. The holder of an OFF-License may sell alcohol on or from the premises for it to be delivered elsewhere endorsed under section 40 of the Act. 3.2.1 Hours of Operation The hours of operation for OFF- Licenses apply to premises in the Mackenzie, Timaru and Waimate Districts after consideration of the reports from the Licensing Inspectors, Police and Medical Officer of Health. Note: An application for an OFF-license must comply with the Resource Management Act 1991 and Building Act 2004 before it is lodged. The operation of OFF-License premises (Stand alone premises, Grocery Stores, Hotel style, Supermarkets and Bottle stores) are as follows: Monday to Sunday: 7.00am to 9.00pm The following hours apply to hotel in-bedroom (mini-bar) sales:

Monday to Sunday: 24 hours per day 3.2.2 Discretionary conditions of OFF-Licenses (Hotel style, supermarkets and

bottle stores) may include:

The main façade of the premises, being the principal front of a building that faces onto a street or open space of any new licensed premise must not be within 100 meters of any Early Childhood Centre, Primary school or Secondary school, except that this policy shall not apply to premises that are located:

In a business zone of the Waimate District Plan;

In a business zone of the Mackenzie District Plan;

In a commercial zone of the Timaru District Plan.

Supervised designation for bottle stores (excluding supermarkets and grocery stores) to ensure unaccompanied minors do not enter bottle store premises.

3.2.3 Location of OFF–License Premises From the date this LAP comes into force, applications for new OFF-licenses for any premises will only be granted if that premise is located on the applicable zoned land described in the District Plan or once a Resource Consent has been granted by Council for its operation. 3.3 CLUB Licenses On premises for which a club license is held, the licensee can sell and supply alcohol to authorised customers (within the meaning of section 60(3)), for consumption there. A significant number of clubs are in or adjacent to residential areas. The sale of liquor must be ancillary to the Club’s activities, and the licensed hours must reflect the hours of the operation of the principle club activity.


3.3.1 Hours of operation The operation of CLUB License premises are as follows: Monday to Sunday: 9.00am to 1.00am (the following day) 3.4 Special Licenses 3.4.1 Hours of operation Restrictions on hours will be imposed if the District Licensing Committee considers it appropriate in respect of any environmental or other considerations which may require constraints on the hours of operation. Such issues may be raised by the Licensing Inspector, Police, Medical Officer of Health or other relevant affected parties. Special licenses can cover an event or series of related events to a maximum of 20 events per premise per year (1 July to 30 June). A maximum of 15 events will be issued per 6 month period. 3.4.2 Discretionary conditions of special licenses may include: • Sale of Ready to Drink (RTD) alcoholic beverages to be under 5% alcohol • Provide an Alcohol Management Plan. • No alcohol is to be sold in glass containers for events exceeding 100 people • License area to be clearly defined where liquor is to be consumed eg Beer tent. • Wine not to be sold by the bottle. • Maximum number of alcoholic drinks per purchase may be specified. 3.4.3 Licensed hours No Special License will be granted to extend later than 2am 4. One Way Door All premises licensed to open to 3.00am shall apply a one way door restriction at 2.00am on Friday, Saturday and Sunday morning and for any event exceeding 100 people occurring at the premises. 5. Policy Statement 5.1 Application and Scope This policy applies to any licensing application made to a District Licensing Committee in the Mackenzie, Timaru and Waimate Districts. 5.1.1 Transitional provisions The provision of this policy come into effect XXX (Council determination usually 30 days) after the Provisional policy is adopted. 5.1.2 Exemptions Any application for a new license or license renewal for any premises which had a current license at the date this policy came into effect is exempt from the provisions of this policy relating to the location of licensed premises. The exemption remains in force for as long as the premises remains continuously licensed and will cease to exist when the current license or any subsequent license for the premises is surrendered or not renewed. 5.1.3 Relationship to the Act This policy does not include all the provisions that may apply to license applications and should therefore be read in conjunction with the Act, which contains a number of additional provisions.


6. Policy Review The three territorial authorities will monitor the policy to ensure it is operating to full effect. An evaluation will be conducted 18 months after the policy comes into effect. If this evaluation results in an assessment that changes may be needed, the policy will be reviewed. If the evaluation does not indicate the need for any changes, a review will be initiated in 2017 and thereafter no later than 6 years after it came into force. 7. Adopted by and Date This policy was approved by the Joint Timaru Mackenzie and Waimate District Councils Hearing Committee on the 29 November 2013 and adopted by Mackenzie District Council on 23 July 2015, Timaru District Council on _______________ and Waimate District Council on _____________________




Report for Agenda Item No 14 Prepared by - Mark Geddes District Planning Manager Road Name Proposal (File P5/2/0)

_______________________________ Purpose of Report To refer to Council a road naming proposal. Background On 28 July 2015 the Resource Planning and Regulation Committee considered a road naming proposal by Old North Road Properties Ltd for a 16 lot subdivision at 217 Old North Road. The applicant proposed the names ‘Mueller Drive’ or ‘Mueller Street’ for the new road. The Committee resolved to accept the name ‘Mueller Drive’ and subsequently recommended this name to Council. Options 1 Accept the proposed name. 2 Amend the proposed name. 3 Ask the applicant for revised names. Identification of Relevant Legislation, Council Policy and Plans

Local Government Act 1974

Policy on the Naming of Streets, Roads and Private Ways.

Australian/New Zealand Standard - Rural and Urban addressing. AS/NZS 4819:2011. (Not attached).

Assessment of Significance This matter is not deemed significant under the Significance and Engagement Policy. Consultation I am not aware that the applicant has conducted any consultation on this matter. Other Considerations There are no other relevant considerations. Funding Implications The road naming policy states that the developer shall pay Council for the required sign and installation. Therefore, the road naming proposal should not affect Council funding.


Conclusion The Council considers the proposed road names in the context of the Committees recommendation of 28 July 2015. Recommendation 1 That the report be received.

2 That the Council resolves to approval the name Mueller Drive.

3 That the subdivider shall pay Council for the required road name sign and its installation.





Prepared by Peter Nixon Chief Executive Receipt of Community Board and Committee Minutes

_______________________________ Minutes of Community Board and Committee Meetings Recommendation That the minutes of the following meetings be received: Geraldine Community Board 8 July 2015 Community Development Committee 28 July 2015 Resource Planning and Regulation Committee 28 July 2015 Policy and Development Committee 28 July 2015




Report for Agenda Item No 19 Prepared by Peter Nixon

Chief Executive

Exclusion of the Public

_______________________________

Recommendation

That the Committee resolves to exclude the public on the grounds contained in Section 48(1) of the Local Government Official Information and Meetings Act:

Tenders Section 7(2)(b)(ii)

The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

Directorships Section 7(2)(a)

The withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons.

Hearings Committee Minutes Section 7(2)(a)

The withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons.

council meeting commencing at 3pm on tuesday 11 …...aug 11, 2015 · 10 june 2015 warrant of...

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