Agenda of Strategy Planning and Partnerships Committee Meeting

Strategy Planning and Partnerships Committee

Fields of Activity

Oversight of all matters relating to the Council’s Strategy Planning and Partnerships functions and the development of policies and strategies in relation to those functions. The matters within this committee’s responsibilities include (but are not limited to):

· Resource Management Act 1991

· Building Control including the Building Act 2004 and the New Zealand Building Code

· Bylaws

· Health Act 1956

· District Plan

· Historic Places Act 1993

· Security Patrol

· Maritime Planning Schemes

Other regulatory matters including:

· Animal and pest control,

· Dangerous goods and Hazardous substance,

· Fencing of swimming pools,

· Litter,

· Alcohol,

· Noise abatement,

· Public health and safety,

· Prostitution,

· Gambling,

· Parking control.

· Responsibility for all matters related to the District’s environment including the environment of neighbouring districts and water bodies

· Other Regulatory matters not otherwise defined.

Membership (Mayor and 14 Councillors)

Chairman appointed by the Council

Deputy Chairman appointed by the Council

The Mayor

All Councillors

Quorum – 8 members

Delegated Powers

General Delegations

1. Authority to exercise all of Council powers, functions and authorities (except where delegation is prohibited by law or the matter is delegated to another committee) in relation to all matters detailed in the Fields of Activity.

2. Authority to re-allocate funding already approved by the Council as part of the Long Term Plan/Annual Plan process, for matters within the Fields of Activity provided that the re-allocation of funds does not increase the overall amount of money committed to the Fields of Activity in the Long Term Plan/Annual Plan.

3. Responsibility to develop policies, and provide financial oversight, for matters within the Fields of Activity to provide assurance that funds are managed efficiently, effectively and with due regard to risk.

4. Responsibility to monitor Long Term Plan/Annual Plan implementation within the Fields of Activity set out above.

Bylaws

5. Authority to review bylaws and to recommend to the Council that new or amended bylaws be made including but not limited to the review of bylaws made pursuant to rules under the Land Transport Act 1998, (primarily relating to speed limits) and bylaws relating to parking.

Legal proceedings

6. Authority to commence, compromise and discontinue mediations, legal proceedings, prosecutions and other proceedings within the Fields of Activity.

Fees and Charges

7. Except where otherwise provided by law, authority to fix fees and charges in relation to all matters within the Fields of Activities.

Resource Management/Environmental issues

8. Authority to make submissions on behalf of the Council in respect of any proposals by another authority under any legislation, or any proposed statute which might affect the District’s environment or the well being of its residents including such matters as adjacent local authorities’ district plans, any regional policy statement, and Regional Plans.

Bylaws

Legal proceedings

6. Authority to commence, compromise and discontinue mediations, legal proceedings, prosecutions and other proceedings within the Fields of Activity.

Fees and Charges

7. Except where otherwise provided by law, authority to fix fees and charges in relation to all matters within the Fields of Activities.

Resource Management/Environmental issues

HASTINGS DISTRICT COUNCIL

Strategy Planning and Partnerships Committee MEETING

Thursday, 1 August 2019

VENUE:

Council Chamber

Ground Floor

Civic Administration Building

Lyndon Road East

Hastings

TIME:

3.00pm

A G E N D A

1. Apologies

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

Leave of Absences had previously been granted to Councillor Nixon and Councillor Schollum

2. Conflict of Interest

Members need to be vigilant to stand aside from decision-making when a conflict arises between their role as a Member of the Council and any private or other external interest they might have. This note is provided as a reminder to Members to scan the agenda and assess their own private interests and identify where they may have a pecuniary or other conflict of interest, or where there may be perceptions of conflict of interest.

If a Member feels they do have a conflict of interest, they should publicly declare that at the start of the relevant item of business and withdraw from participating in the meeting. If a Member thinks they may have a conflict of interest, they can seek advice from the General Counsel or the Democratic Support Manager (preferably before the meeting).

It is noted that while Members can seek advice and discuss these matters, the final decision as to whether a conflict exists rests with the member.

3. Confirmation of Minutes

Minutes of the Strategy Planning and Partnerships Committee Meeting held Thursday 16 May 2019.

(Previously circulated)

4. Amendments to Variation 7 - Seasonal Worker Accommodation 7

5. Variation 5 - Inner City Living 143

6. Additional Business Items

7. Extraordinary Business Items

File Ref: 19/692

REPORT TO: Strategy Planning and Partnerships Committee

MEETING DATE: Thursday 1 August 2019

FROM: Environmental Policy Manager

Rowan Wallis

SUBJECT: Amendments to Variation 7 - Seasonal Worker Accommodation

1.0 SUMMARY

1.1 The purpose of this report is to obtain a decision from the Committee/Council on whether to adopt amendments to Variation 7 to the Proposed Hastings District Plan for public notification under the Resource Management Act 1991 (the RMA) process. The amendments apply specifically to the General Industrial zone at Irongate.

1.2 This issue arises from the decision by the Committee at its meeting on 16^th May 2019 to adopt Variation 7 which was to better provide for Seasonal Workers in the Proposed District Plan. Subsequent to the adoption of the Variation, it was discovered that there are wastewater limitations associated with the construction of seasonal workers accommodation facilities at Irongate and these limitations need to be recognised in the Proposed District Plan.

1.3 The Council is required to give effect to the purpose of local government as set out in section 10 of the Local Government Act 2002. That purpose is to enable democratic local decision-making and action by (and on behalf of) communities, and to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future.

1.4 The objective of this decision relevant to the purpose of Local Government is;

Regulatory functions which help to prevent harm and help create a safe and healthy environment for people, which promote the best use of natural resources and which are responsive to community needs.

1.5 This report concludes by recommending that the amended Variation 7 Seasonal Workers Accommodation as shown (Attachments 1 and 2) be adopted for public notification subject to the requirements of the Resource Management Act 1991.

2.0 BACKGROUND

2.1 At the May Strategy Planning and Partnerships meeting Variation 7 was presented to the Committee for adoption.

2.2 Variation 7 was drafted to enable Recognised Seasonal Employers (RSE) and other seasonal worker employers to meet the accommodation needs of their workers in an environment where the number of workers required is likely to double by 2022. The accommodation models that have been identified by the employers require larger areas of land and this creates a conflict within the Plains Production Zone where the protection of the versatile land is paramount. The variation allows for a scale of development within the Plains Production zone that safeguards the versatile land and then provides for the larger accommodation facilities within the light industrial zones and the general industrial zones of Omahu and Irongate.

2.3 In providing for these accommodation facilities there is an expectation from both developers and landowners that there should be certainty on what level of infrastructure is available to service the facilities. In the case of Irongate it has been identified that the wastewater infrastructure is not designed to cater for the high level discharges and this place limitations on the scale of the seasonal workers accommodation that could be achieved on a site.

2.4 It is important that the Proposed Plan recognises these limitations to give land owners and developers the certainty that they require for their locational choices. The amendments proposed to Variation 7 will be clear in the thresholds for discharge volumes per site and will provide policy direction for the assessment of applications.

3.0 CURRENT SITUATION

3.1 Variation 7 provides for seasonal worker accommodation within the General Industrial Zone at Irongate as a restricted discretionary activity. There are no performance standards relating to the scale of the development that is permitted within the zone. One of the assessment criteria is the ability of the existing infrastructure to provide water, wastewater, and stormwater disposal.

3.2 The general industrial zone at Irongate caters for dry industry and the infrastructure to support it was designed accordingly. This means that the infrastructure has limitations when it comes to providing for residential activity which has a higher level of discharge than dry industry.

3.3 This issue arose when a resource consent application was made for a seasonal workers facility accommodating 160 persons. It was discovered that despite the site being a large 9 ha property and the seasonal workers accommodation occupying only 7000m²of the site. The seasonal worker accommodation has resulted in the use of around half the wastewater volume allocation of the site for a land use that occupies 8% of the total site area.

3.4 This means that the landowner is likely to need to forgo some future development potential of the vacant area of the site, due the seasonal worker accommodation utilising a higher volume of the wastewater allocation to the site than traditional dry industry. It is important that the variation signals the wastewater limitations associated with the site so that landowners and developers are able to make decisions with certainty and exercise choice on whether they wish to provide for seasonal workers or dry industry.

3.5 Discussions with the Works Asset engineers have resulted in the development of a performance standard that sets a threshold for the volume of wastewater that can be discharged from a site with the Irongate industrial zone. This performance standard (14.1.6A.10) forms part of the amendment to Variation 7. This would be accompanied by a new policy that makes it clear that the General Industrial zone at Irongate does have servicing limits and that these must be recognised when considering development options on the site.

4.0 OPTIONS

4.1 There are two options for consideration.

4.2 The first option is to adopt the amended variation which provides for seasonal workers accommodation as a restricted discretionary activity, but places a threshold on the volume of wastewater discharge from a site.

4.3 The second option is to retain the status quo where seasonal workers are not provided for in the general industrial zone at Irongate and the activity status would be non-complying. This signals that seasonal workers accommodation is not an appropriate activity within the zone, due to the servicing limitations associated with it.

5.0 SIGNIFICANCE AND ENGAGEMENT

5.1 This proposal is significant in terms of Council’s Significance & Engagement Policy. There has been consultation with the RSE employers over the need for locations upon which purpose built seasonal workers accommodation can be constructed. They have been supportive of the Omahu and Irongate locations proposed in the Variation. Further consultation will occur under the public notification provisions set down for plan changes/variations under the Resource Management Act 1991.

6.0 ASSESSMENT OF OPTIONS (INCLUDING FINANCIAL IMPLICATIONS)

6.1 Option 1 will facilitate the development of seasonal workers accommodation off the versatile land of the Heretaunga Plains and in addition will take pressure off the existing rental accommodation and assist with the housing issues facing the district. It will assist in meeting two of council’s main outcomes in the LTP, being “Providing diversity in housing choice” and “Building a resilient and job rich local economy.”

6.2 Option 1 is the option that deals with the effects of activities. It is the option that provides choice to landowners /developers in the type of land use that is able to be established. While there may be limitations in the ability to provide for activities with higher levels of wastewater discharge it is considered that land owners should be given the option of providing seasonal worker accommodation on their property if they wish, in the knowledge that the ability to use the remaining area of the site may be limited.

6.3 Retaining the status quo will not assist in achieving either of the above outcomes set out in the LTP. Option 2 will not assist Council in meeting the sustainable management of the natural and physical resources (the versatile land) of the district, as it will have a direct impact on the ability of landowners to get workers to harvest their crops. It will also lead to a lot of additional pressure being put on the general industrial zone at Omahu and it is less likely that the pressure being placed on the residential zone for seasonal worker accommodation will reduce in volume.

6.4 One option is not more cost effective for Council than the other as there is no change to the infrastructure requirements. If Option 2 is adopted this may not be as cost effective for landowners and businesses as they will either have to apply for a non-complying resource consent application or locate at Omahu where competition for land will be greater.

6.5 It is likely that the wastewater limitations at Irongate will direct more development to Omahu which has a more robust wastewater system. In the longer term this may impact on the supply of industrial land particularly at Omahu. This issue is being considered as part of the Joint Industrial Strategy between Hastings and Napier councils, which is currently being undertaken.

7.0 PREFERRED OPTION/S AND REASONS

7.1 Option 1 which is to amend the previously adopted Variation 7 to provide for seasonal workers accommodation in the Irongate Industrial Zone, is the preferred option. It will provide a further option to developers in the siting of their seasonal worker accommodation facilities away from the Plains Production zone. The amendments will provide a greater level of certainty to landowners and developers allowing informed choices to be made. With increased levels of choice there is a greater likelihood that this will take the pressure off the existing housing stock in the residential zone. This option will assist in meeting the Council’s LTP outcomes for building a resilient economy, and providing housing choice.

8.0 RECOMMENDATIONS AND REASONS

A) That the report of the Environmental Policy Manager titled “Amendments to Variation 7 - Seasonal Worker Accommodation ” dated 1/08/2019 be received.

B) That that the amendments to Variation 7 to the Proposed Hastings District Plan and the Section 32 Evaluation Report, be adopted for public notification pursuant to Schedule 1 of the Resource Management Act 1991.

With the reasons for this decision being that the objective of the decision will contribute to the performance of regulatory functions by:

i) Ensuring that Council provides for the sustainable management of the natural and physical resources of the District under the Resource Management Act, by providing for seasonal workers accommodation in locations and at a scale where the environmental effects are minimised.

Attachments:

1	Variation 7 Seasonal Worker Accommodation - Amended Plan Provisions for Variation 7 with Wastewater Rules Amendment for Irongate	ENV-9-19-9-19-13
2	Variation 7 Seasonal Worker Accommodation - Section 32 Evaluation Report - Variation 7 Seasonal Worker Accommodation Amended for Wastewater Issue at Irongate	ENV-9-19-9-19-14

Variation 7 Seasonal Worker Accommodation - Amended Plan Provisions for Variation 7 with Wastewater Rules Amendment for Irongate

Attachment 1

PDF Creator

File Ref: 19/707

REPORT TO: Strategy Planning and Partnerships Committee

MEETING DATE: Thursday 1 August 2019

FROM: Team Leader Environmental Policy

Megan Gaffaney

SUBJECT: Variation 5 - Inner City Living

1.0 SUMMARY

1.1 The purpose of this report is to inform the Committee of the status of Variation 5 to the Proposed Hastings District Plan.

1.2 This Variation arises from the need to add vibrancy to the CBD by having more people living in it and to provide another housing option for the Hastings District.

1.4 The objective of this decision relevant to the purpose of Local Government is Regulatory functions which help to prevent harm and help create a safe and healthy environment for people, which promotes the best use of natural resources and which are responsive to community needs.

1.5 This report concludes by recommending that the information be received.

2.0 BACKGROUND

2.1 This report follows on from the report to Council on 4th June 2019 to adopt the Hearings Committee’s recommendations to submissions on Variation 5 Inner City Living and give notice of the decisions.

2.2 The decisions on submissions were released to the submitters in accordance with the Schedule 1, Resource Management Act requirements and subject to a 30 working day period during which appeals to the Environment Court can be lodged.

3.0 CURRENT SITUATION

The appeal period concluded on Friday 26^th July 2019. No appeals were filed to Environment Court. Clause 16B(2), of the First Schedule RMA provides that “From the date of public notification of a variation, the proposed…plan shall have effect as if it had been so varied”. Therefore, as there were no appeals, Variation 5 now has the same degree of legal effect as the Proposed Hastings District Plan (because it is at the same procedural stage), and is formally merged with the Proposed District Plan.

4.0 OPTIONS

4.1 There are no options in this situation because the process is determined by the First Schedule RMA process.

5.0 SIGNIFICANCE AND ENGAGEMENT

This variation process has been undertaken in accordance with the consultation requirements of the Resource Management Act 1991. This resulted in nine (9) submissions to the variation, four (4) of which support the variation with no changes and five (5) that support with amendment and two (2) further submissions. A hearings report was prepared and circulated to all submitters. The report evaluated the issues raised by the submissions. Each submission was considered in respect to Section 32 of the Resource Management Act 1991. The hearing of submissions is complete and the Hearings Committee made recommendations. The Council adopted the Hearings Committee’s recommendations to submissions on Variation 5 Inner City Living on 4^th June and the decision and resultant changes to the Proposed Hastings District Plan were released to submitters for the appeal period. No appeals were made.

6.0 ASSESSMENT OF OPTIONS (INCLUDING FINANCIAL IMPLICATIONS)

6.1 As stated above, at this stage in the RMA variation process there are no options, these were worked through via the RMA statutory process and now at this final stage the options are included in the variation to the Plan.

7.0 PREFERRED OPTION/S AND REASONS

7.1 The Variation will assist in meeting the Council’s LTP outcomes for building a resilient economy, and providing housing choice.

8.0 RECOMMENDATIONS AND REASONS

A) That the report of the Team Leader Environmental Policy titled “Variation 5 - Inner City Living” dated 1/08/2019 be received.

With the reasons for this decision being that the objective of the decision will contribute to the performance of regulatory functions by:

i) Ensuring that Council provides for the sustainable management of the natural and physical resources of the District under the Resource Management Act, by enabling inner city residential living in the Central Commercial Zone and providing another housing option for the Hastings District.

Attachments:

There are no attachments for this report.

Hastings District Council

Lyndon Road East, Hastings