Description: COAT-ARM Hastings District Council

 

Civic Administration Building

Lyndon Road East, Hastings

Phone:  (06) 871 5000

Fax:  (06) 871 5100

WWW.hastingsdc.govt.nz

 

 

 

 

Open

 

A G E N D A

 

 

Hearings Committee MEETING

 

(Proposed Hastings District Plan –

Variation 5 (Inner City Living))

 

Meeting Date:

Monday, 25 March 2019

Time:

9.30am

Venue:

Council Chamber

Ground Floor

Civic Administration Building

Lyndon Road East

Hastings

 

 

Committee Members

Chair: Councillor Lyons

Councillors Barber, Heaps, Kerr (Deputy Chair), Redstone and Schollum and externally appointed member: Mr P Kay

 

Officer Responsible

Environmental Policy Manager – Rowan Wallis

Reporting Planner

Team Leader Environmental Policy – Megan Gaffaney

Committee Secretary

Christine Hilton (Ext 5633)

 

 


Hearings Committee – Terms of Reference

Fields of Activity

The Hearings Committee is established to assist the Council by hearing and determining matters where a formal hearing is required under the provisions of the:

 

·       Resource Management Act 1991

·       Building Act 2004

·       Health Act 1956

·       Dog Control Act 1996

·       Litter Act 1979

·       Hastings District Council Bylaws

·       Local Government Act 1974

·       Local Government Act 2002

·       Gambling Act 2003

 

Membership (7 including 6 Councillors)

Chairman appointed by the Council from the membership of 6 Councillors

Deputy Chairman appointed by the Council from the membership of 6 Councillors

4 other Councillors

1 externally appointed member with relevant qualifications and experience

 

Quorum*

a)     All members including the Chair (or Deputy Chair, in the Chair’s absence) sitting on a hearing must be accredited (as of 12 September 2014).

b)     A maximum of three members including the Chairperson (or Deputy Chair, in the Chair’s absence) to meet for any one hearing, except for Council Initiated Plan Change hearings where all members may attend and take part in the decision making process.

c)     For Hearings other than Council Initiated Plan Change hearings the quorum shall be two members.

d)     For Council Initiated Plan Change Hearings the quorum shall be three members.

e)     Members to sit on any hearing other than a Council Initiated Plan Change Hearing shall be selected by agreement between the Chair (or Deputy Chair, in the Chair’s absence) and the Group Manager: Planning and Regulatory Services.

f)      For the purpose of hearing any objection in respect of the matters detailed under the Dog Control Act 1996 the Hearings Committee will consist of any three members selected by the Chair.

 

*In the case of hearings under the provisions of the Resource Management Act 1991 the quorum is to meet the obligations contained in section 39B of the Act.

 

Delegated Powers

 

HEARINGS COMMITTEE

 

 

 

1.     RESOURCE MANAGEMENT ACT 1991

 

 

 

        Pursuant to Section 34(1) of the Resource Management Act 1991 the Hearings Committee of Council is delegated power to:

 

 

1)         Hear, consider and decide upon any Resource Consent application or any other application made to Council under the Act (including private plan change requests).  For the avoidance of doubt, this includes the use or exercise of any powers vested in the Council under the Act to process, hear and decide upon any such application.

Decide on Applications and Private Plan Change requests.

2)         Hear, consider and recommend to the Stratey, Planning and Partnerships Committee or Council as it considers appropriate, on submissions made on any proposed plan or any Council initiated change to the District Plan or variations to the Proposed Plan.

Submission on Council Plan Changes.

3)         Appoint a Commissioner or Commissioners to hear, consider and decide on any Resource Consent application or any other application made to Council under the Act. This delegation is subject to the requirement that any Hearings Commissioner(s) appointed shall hold a valid certificate of accreditation under section 39A of the Act.

Appoint Commissioner for Resource Consents.

4)         Appoint a Commissioner or Commissioners to hear, consider and recommend to the Strategy, Planning and Partnerships Committee or Council as it considers appropriate, on any submissions made on any proposed plan or any Council or privately initiated change to the District Plan.  This delegation is subject to the requirement that any Hearings Commissioner(s) appointed shall hold a valid certificate of accreditation under section 39A of the Act.

Appoint Commissioner for Proposed District Plan and Council or Private Plan Changes.

5)         Extend any time limits or waive compliance with any requirement specified in the Act or Regulations in respect of any matter before it under the Act and pursuant to the above delegations pursuant to Section 37 of the Act.

Extend Time Limits and Waive Compliance.

6)         Hear and determine any objection made pursuant to Section 357, 357A, 357B, 357C and 357D of the Act

Review of Decisions made under Delegation.

7)         Make an order, pursuant to Section 42 of the Act, relating to the protection of sensitive information in respect of any matter before it. 

Protection of Sensitive Information.

8)         Waive, pursuant to Section 42A(4) of the Act, compliance with Section 42A(3) of the Act relating to the receiving of officers reports in respect of any matter before it. 

Waive Time for Receipt

of Officers’ Reports.

9)         Determine, pursuant to Section 91 of the Act, not to proceed with a hearing of an application for Resource Consent where it considers additional consents under the Act are required in respect of any application before it.

Defer Application Where Other Consents Required.

10)       Require, pursuant to Section 92 of the Act, further information relating to any application before it and postpone notification, hearing or determination of the application.

Require Further Information.

11)       The above delegations shall apply with all necessary modifications to:

                i)       Any notice of review of Consent conditions issued by Council pursuant to Section 128 of the Act or by any committee or officer or the Council having delegated authority to do so.

 

 

 

Review of Consent Conditions.

                ii)      Any submissions on any requirement for a designation or alteration to a designation made pursuant to Sections 168, 168A or 181 of the Act.

Hear Submissions

on Designations.

             iii)     Any submissions on any requirement for a Heritage Order made pursuant to Section 189 and 189A of the Act.

Hear Submissions

on Heritage Orders.

12)           Consider and make recommendations on any requirement for a designation or alteration to a designation pursuant to Section 171 of the Act.

Recommendations

and Designations.

13)              Consider and decide on any amendments to Council’s District Plan to alter any information, where such an alteration is of minor effect, or may correct any minor errors pursuant to Clause 16(2) or 20A of Part 1 of the First Schedule to the Act.

Amend District Plan.

 

 

2.   HEALTH ACT 1956

 

      Pursuant to Clause 32 of Part 1 of the Seventh Schedule to the Local Government Act 2002 and Section 23 of the Health Act 1956 the Hearings Committee is delegated authority to:

 

      i)         Hear explanations against a notice to revoke registration issued pursuant to Clause 9 of the Health (Registration of Premises) Regulations 1966.

Explanations Why Registration Should

Not be Revoked. 

      ii)        Hear and determine any appeal against a direction or decision of any officer acting under delegated authority and any application or objection made pursuant to Clause 22 of the Housing Improvement Regulations 1974.

 

Determine Appeals, Applications or Objections to Requirements Under Housing Improvement Regulations.

3.   DOG CONTROL ACT 1996

 

      Pursuant to Clause 32 of Part 1 of the Seventh Schedule to the Local Government Act 2002, the Hearings Committee is delegated authority to hear and determine any objections lodged against any decision of an officer acting under delegated authority or any notice issued by a Dog Control Officer pursuant to the following Sections.

Section 22                  Objection to the classification as a probationary owner.

Section 26                 Objection to disqualification from being an owner of a dog

Section 31                 Objection to the classification of a dog as a dangerous dog

Section 33B               Objection to the classification of a dog as a menacing dog under section 33A.

Section 33D              Objection to the classification of a dog as a menacing dog under section 33C as it is believed to belong to 1 or more classified breeds.

Section 55                 Objection to the issue of an abatement notice for a barking dog.

Section 70                 An application for the return of a barking dog seized under section 56 for causing distress.

Section 71                 An application for the release of a dog that is being held in custody under section 71(1) and (2) for threatening public safety.

Section 71(1)(a)        To be satisfied that a dog seized under section 15(1)(c) because the dog was without access to proper and sufficient food, water or shelter, will be given access to proper and sufficient food, water, or shelter if returned to the land or premises from which it was removed.

      Section 71A(2)(a)(i) To be satisfied that the owner of a dog seized under section 33EC (because the owner failed to comply with his obligations in respect of a dog classified as menacing), or of a dog classified as a menacing dog seized under section 33EB (because the owner failed to have the dog neutered),  has demonstrated a willingness to comply with the relevant requirements”.

 

Decide on objections under the Dog Control Act 1996

4.   LITTER ACT 1979

 

      Pursuant to Clause 32 of Part 1 of the Seventh Schedule to the Local Government Act 2002, the Hearings Committee is delegated authority to hear and decide on any objection lodged pursuant to Section 10 of the Litter Act 1979 against a notice issued under that section.

 

Decide on Objections to Notices Issued by a Litter Control Officer.

5.   Building Act 2004

 

      Pursuant to Section 67A of the Building Act 2004 the Hearings Committee is delegated authority to grant a waiver or modification to section 162C(1) or (2) (which requires residential pools to have means of restricting access by unsupervised children) the requirements of the Act (with or without conditions) in the case of any particular pool.

 

Grant Exemptions to Pool Fencing Requirements.

6.   HASTINGS DISTRICT COUNCIL BYLAWS

 

      Pursuant to Clause 32(1) of Part 1 of the Seventh Schedule to the Local Government Act 2002, the Hearings Committee is delegated authority to:

 

 

      i)         Hear and determine any application for a review of any decision of a duly authorised officer pursuant to any part or provision of the Hastings District Council Bylaws.

Review of Delegated Decisions.

      ii)        Consider and determine any application under Clause 1.5 of Chapter 1 of the Hastings District Council Consolidated Bylaw for a dispensation from full compliance with any provision of the Bylaws.

 

Dispensations from

Bylaws Requirements.

7.   LOCAL GOVERNMENT ACT 1974

 

 

      Pursuant to Clause 32(1) of Part 1 of the Seventh Schedule to the Local Government Act 2002 the Hearings Committee is authority to hear and recommend to Council on any objections to any proposal to stop any road pursuant to Section 342 and the Tenth Schedule to the Local Government Act 1974.

 

Hearing Objections to Road Stopping.

8.   GAMBLING ACT 2003

 

      Pursuant to Clause 32(1) of Part 1 of the Seventh Schedule to the Local Government Act 2002, the Hearings Committee is delegated authority to:

 

      i)         Hear, consider and determine in accordance with section 100 of the Gambling Act 2003, applications for territorial authority consent required under section 98 of that Act, as required by the Hastings District Council Class 4 Gambling Venue Policy.

Hear and Decide on Applications for Territorial Authority Consent.

 


 

HASTINGS DISTRICT COUNCIL

 

A Hearings Committee MEETINg will be Held in the Council Chamber, Ground Floor, Civic Administration Building, Lyndon Road East, Hastings on

Monday, 25 March 2019 AT 9.30am.

 

 

 

1.        Apologies 

At the close of the agenda no requests for leave of absence had been received.

 

2.        Proposed Hastings District Plan - Variation 5 (Inner City Living)

Documents circulated for Hearing - Compiled as Two Separate documents

Document 1       The covering administrative report                                  Pg 1

Attachment a Section 42A Hearings Report                 Pg 11

Attachment b Section 32                                              Pg 49

Attachment c TDG Hastings Inner City Residential Parking Review for Variation 5                            Pg 93

Document 2       Containing these attachments

Attachment d Summary of Submissions Received on Variation 5 Inner City Living                  

Attachment e  Submission 1 Simon Dunn Wallace Developments Limited                          

Attachment f  Submission 2 Michael Bate                   

Attachment g Submission 3 HDC Environmental Policy Team                                                     

Attachment h Submission 4 Rochelle Horne               

Attachment i   Variation 5 Submission 5 Hawke's Bay District Health Board                             

Attachment j  Submission 6 Alison McMinn                

Attachment k Submission 7 Marina Dinsdale              

Attachment l  Submission 8 Heritage New Zealand    

Attachment m Submission 9 Ruth Vincent Landmarks Trust                                                      

Attachment n Further Submission (#1) Ken Wheadon                                                               

Attachment o Further submission [#2] Heritage New Zealand Pouhere Taonga                         

 

 

 

 

 

 

 

The Application and Submissions can be viewed on the Council website and a reference hardcopy is held at the Council Civic Administration Building.

 

 

     


File Ref: 19/205

 

 

REPORT TO:             Hearings Committee

MEETING DATE:       Monday 25 March 2019

FROM:                        COMMITTEE SECRETARY

Christine Hilton

SUBJECT:                  Proposed Hastings District Plan - Variation 5 (Inner City Living)        

 

 

1.0      INTRODUCTION

1.1      This is a covering report relating to the Proposed Hastings District Plan hearing – Variation 5 (Inner City Living).

 

1.2      This agenda can be viewed on the Council’s website and a reference hardcopy is held at the Ground Floor Reception, Council’s Civic Administration Building, Lyndon Road East, Hastings.

 

1.3      For ease of reference the recommendations from the attached Planner’s Report are set out on the following pages.

 

 

 

 

RECOMMENDATIONS

 

1.0      TOPIC 1 – Support for variation 5

           RECOMMENDATIONS:

A)     That the submissions of Simon Dunn, Wallace Development Company submission (1),  Alison McMinn Submission (6), Marina Dinsdale Submission (7) and Heritage New Zealand Pouhere Taonga submission (9) that are in support of Variation 5 as notified be accepted in part, noting that the minimum size of studios is considered  under Topic 4 (studio size) and Topic 11 (clarification note added).

 

B)     That the further submission of Ken Wheadon in support of Variation 5 be accepted.

 

           REASONS:

1)     That these submissions are consistent with the findings of the Section 32 evaluation that concluded that the proposed amendments are the most efficient and effective way to achieve the purpose of the Proposal.

 

2)     That the submissions result in the sustainable management of the physical resources of the Hastings inner city.

 

 

 

2.0      TOPIC 2 – VENTILATION OF BUILDINGS

           RECOMMENDATIONS:

A)     That the submission point 1 of Hawke’s Bay District Health Board (HBDHB) submission (5) be rejected in so far as amending the performance standard 25.1.7C(a)(ii) Noise Sensitive Activities, as applies to the Central Commercial Zone.

B)     That the further submission from Heritage New Zealand Pouhere Taonga (FS#2) in response to the original submission from Hawke’s Bay District Health Board, be accepted.

           REASONS:

1)     That ventilation of buildings is regulated by the Building Code and Building Act 2004 and therefore the District Plan is not considered the appropriate mechanism to regulate ventilation.

 

2)     That the noise provisions in the District Plan are in accordance with best practice and provides for the health and wellbeing of the community; and alteration is not considered necessary.

 

 

 

3.0      TOPIC 3 – PROXIMITY OF LICENseD PREMISES TO RESIDENTIAL ACTIVITY – LIQUOR AND/OR GAMBLING

           RECOMMENDATION:

A)     That submission point 2 of Hawke’s Bay District Health Board (HBDHB) submission (5) be rejected in so far as requesting that the proximity of new licensed premises (and those with gambling machines) in relation to inner city living be considered in the Proposed District Plan.

           REASONS:

1)     That the concerns about the proximity of licenced premises to residential activity in the Hastings inner city are more appropriately managed with under the jurisdiction of the Sale and Supply of Alcohol Act 2012 and the Class 4 Gambling Venue policy than the Proposed Hastings District Plan.

 

2)     That the amenity and good order under the Sale and Supply of Alcohol Act provides the controls and criteria to appropriately manage the effects of licensed premises.

 

3)     That consultation with the community is a statutory requirement of any changes to the District Plan, amendments to liquor and/or gambling policy.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4.0      TOPIC 4 – THE MINIMUM SIZE OF STUDIOS

          RECOMMENDATION:

A)     That submission point 3 of the Hawke’s Bay District Health Board submission (5) to Variation 5 be accepted in part is so far as the minimum size for studios be amended as follows:

       

7.3.6C  RESIDENTIAL ACTIVITIES

       

1.       N/A

        2.       N/A

       3.       Above-Ground Floor Residential           Activities

 

a)    The minimum net floor area for Residential Units in the Central Commercial Zone is:

·    Studio – 40m2  35m2

·    1 Bedroom - 50m²

·    2 Bedroom - 70m²

·    3 or more Bedrooms - 90m²

Note:  For the purpose of applying this rule, the minimum unit area shall not include car parking, garaging or balconies allocated to each unit.

      

       

       

       

        Outcome(s)

        To ensure adequate living space for the comfort and amenity the occupants of the above-ground level residential units.

       

        Generous dimensions will allow for a flexible range of uses for the enjoyment of the occupiers and to ensure that and balconies relate well to the internal layout of the residential unit.

 

          REASONS:

1)     That increasing the minimum floor area for studios from 35m2 to 40m2 will provide more space for occupiers whilst maintaining flexibility and range for the size of above-ground level residential units.

 

2)     That the increase in the minimum size will better provide for the social wellbeing of the community and for their health and safety.

 

 

 

 

 

 

5.0      topic 5 - RESIDENTIAL ACTIVITY AT GROUND FLOOR LEVEL

 

           RECOMMENDATIONS:

A)     That the submission of Ruth Vincent, Landmarks Trust  (9) to allow residential and mixed use development at ground floor level as a permitted activity in the back of buildings within the Central Commercial Zone away from the continuous retail/commercial frontage, be rejected. 

B)     That the further submission of Heritage New Zealand Pouhere Taonga (FS #2) in support of original submission of Ruth Vincent, Landmarks Trust, be rejected. 

           REASONS:

1)     That residential activity at ground floor level is provided for as a Discretionary Activity in the Hastings Central Commercial Zone and this is considered the most appropriate and sustainable method of managing the balance between commercial activity and residential activity so that commercial activity remains the principal activity at ground floor level.

 

2)     That allowing residential activity at ground-floor level creates a risk, with effects not known, that could change the character and function of the CBD.

 

3)     That the vibrancy of the Hastings CBD could be compromised if ground-floor level commercial land is lost to residential activity. This may result in a shortage of commercial land in the heart of Hastings to meet future demands and risk needing to expand the Central Commercial zone which could dissipate the vibrancy of the CBD.

 

 

 

6.0      topic 6 – That the parking exemption should apply to whole central commercial zone

 

          RECOMMENDATION:

A)     That the submission of Michael Bate seeking to extend the residential parking exemption to the whole Central Commercial zone be rejected.

          REASONS:

1)     That extending the parking exemption to the whole Central Commercial Zone could result in residential activity being widely dispersed which would have less benefit in achieving the goal of a vibrant city centre, which is centred around the 100, 200 and 300 blocks east and west.

2)     The amendments to performance standard 26.1.6D are assessed as being the most efficient and effective way to improve the vibrancy of the Hastings city centre.

 

 

 

7.0      topic 7 – outdooR Living space

 

           RECOMMENDATION:

A)     That the submission of Rochelle Horne (4) requesting that Outdoor Living Space should not be limited to north facing orientation, be rejected.

           REASONS:

1)     That the operative outdoor living space performance standard for orientation to the sun is appropriate and consistent with best practice urban design.

 

2)     That the operative outdoor living space performance standard for orientation to the sun provides for a range of orientations including north-east facing, north facing or north-west facing, so that the balcony can benefit from the morning, all day or afternoon sun.

 

3)     That south facing outdoor living space is not aligned with best practice and can be addressed on an individual basis via resource consent.

 

 

 

8.0      topic 8 – parking for residents

 

           RECOMMENDATION:

A)     That the submission of Rochelle Horne (4) requesting secure, subsidised parking areas be available to residents, be rejected in so far as it is beyond the Scope of what can be addressed in the Variation.

           REASONS:

1)     That the requests sought by this submission point are beyond the scope of the Variation and cannot therefore be addressed as part of this process.

 

2)     That if the addition of residential living in the CBD creates a change to parking patterns and demand in future, that Council has the ability to review its parking management interventions via a separate Council resolution.

 

 

9.0      topic 9 – recycling IN THE CBD

 

           RECOMMENDATION:

A)     That the submission of Rochelle Horne (4) requesting kerbside recycling in the inner city, be rejected in so far as the submission is beyond the Scope of what can be addressed in the Variation.

           REASONS:

1)     That the request sought by this submission point is beyond the scope of the Variation and cannot therefore be addressed as part of this process.

 

2)     That kerbside recycling is managed under the Hastings District Council/Napier City Council Joint Waste Management and Minimisation Plan 2018-2024 (WMMP).

 

10.0    TOPIC 10 –NOISE CONTROLS

 

 

           RECOMMENDATION:

A)     That the submission of Rochelle Horne (4) requesting explanation of the noise controls that apply in the Central Commercial zone, be accepted in part  in so far as the noise controls have been explained.

           REASONS:

1)     That the request sought by this submission point is beyond the Scope of Variation 5.

 

2)     That a response to the query raised has been provided to assist with understanding the District Plan noise provisions.

 

 

 

11.0   TOPIC 11 – CLARIFICATION

 

           RECOMMENDATION:

A)     That the submission of Hastings District Council (3) requesting consideration be given to either changing the rule or activity table of Section 7.3.4.1 or include a definition of above-ground residential activity or some alternative mechanism to make explicit that above ground residential activities can include a pedestrian entrance at ground level and associated ground level rear lane access or basement garaging and service areas be accepted in part  in so far as the following note be added to the bottom of Rule Table 7.3.4.1:

 

Rule CCR3

Residential activities; and / or Comprehensive Residential Development that are above-ground floor level; and / or Mixed use Development wherein the residential activity is above ground floor level.4

Permitted Activity

4For clarification purposes the Permitted Activity status applying to Rule CCR3 includes a pedestrian entrance at ground floor level and associated ground floor level vehicle access, parking, garaging and service areas.

That the further submission of submission Heritage New Zealand Pouhere Taonga (FS2) in support of HDC’s submission be accepted.

              

      REASONS:

1)       That given the upscaling of above-ground level residential activity in the Central Commercial zone it is appropriate to include a clarification around the aspects that can be provided for at ground floor level.

 

2)       That adding a note is the most appropriate way to provide clarification of permitted inclusions in Rule CCR3.

 

 

 

 

 

 

 

Attachments:

 

a

Section 42A Hearings Report

ENV-9-19-6-19-41

 

b

Section 32

ENV-9-19-6-19-40

 

c

TDG Hastings Inner City Residential Parking Review for Variation 5

ENV-9-19-6-18-1

 

d

Summary of Submissions Received on Variation 5 Inner City Living

ENV-9-19-6-19-30

Document 2

e

Submission 1 Simon Dunn Wallace Developments Limited

ENV-9-19-6-19-16

Document 2

f

Submission 2 Michael Bate

ENV-9-19-6-19-17

Document 2

g

Submission 3 HDC Environmental Policy Team

ENV-9-19-6-19-19

Document 2

h

Submission 4 Rochelle Horne

ENV-9-19-6-19-18

Document 2

i

Variation 5 Submission 5 Hawke's Bay District Health Board

ENV-9-19-6-19-20

Document 2

j

Submission 6 Alison McMinn

ENV-9-19-6-19-21

Document 2

k

Submission 7 Marina Dinsdale

ENV-9-19-6-19-22

Document 2

l

Submission 8 Heritage New Zealand

ENV-9-19-6-19-23

Document 2

m

Submission 9 Ruth Vincent Landmarks Trust

ENV-9-19-6-19-24

Document 2

n

Further Submission (#1) Ken Wheadon

ENV-9-19-6-19-43

Document 2

o

Further submission [#2] Heritage New Zealand Pouhere Taonga

ENV-9-19-6-19-34

Document 2

 

 

 


Section 42A Hearings Report

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TDG Hastings Inner City Residential Parking Review for Variation 5

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