Komiti Hanganga|Infrastructure and Regulatory Committee
27 April 2021
Order Paper for the meeting to be held in the
Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt,
Tuesday 4 May 2021 commencing at 2.00pm
Cr D Hislop (Chair)
Mayor C Barry
Cr D Bassett
Cr K Brown
Cr B Dyer
Cr A Mitchell (Deputy Chair)
Cr N Shaw
Cr L Sutton
For the dates and times of Council Meetings please visit www.huttcity.govt.nz
DemocraticServicesTeam@huttcity.govt.nz4 570 6666 | 0800 HUTT CITY
This is an operationally focused committee, overseeing Council’s above and below ground core infrastructure needs, and core regulatory functions.
The Committee is aligned with the Economy & Development, and Environment & Sustainability, Directorates.
Its areas of focus are:
§ Three waters infrastructure
§ Infrastructure strategy
§ Integrated transport strategy
§ Environmental consents
§ Regulatory functions including enforcement
To deliver quality infrastructure to support healthy and sustainable living, providing efficient and safe transport options, and promoting the city’s prosperity.
To consider matters relating to the regulatory and quasi-judicial responsibilities of the Council under Council’s bylaws and relevant legislation including the following:
§ Building Act 2004
§ Dog Control Act 1996
§ Fencing of Swimming Pools Act 1987
§ Local Government Act 1974
§ Local Government Act 2002
§ Public Works Act 1981
§ Reserves Act 1977
§ Resource Management Act 1991
§ Sale and Supply of Alcohol Act 2012
DELEGATIONS FOR THE COMMITTEE’S AREAS OF FOCUS:
§ All powers necessary to perform the Committee’s responsibilities including the activities outlined below.
§ Develop required strategies and policies. Recommend draft and final versions to Council for adoption where they have a city-wide or strategic focus.
§ Implement, monitor and review strategies and policies.
§ Oversee the implementation of major projects provided for in the LTP or Annual Plan.
§ Oversee budgetary decisions provided for in the LTP or Annual Plan.
§ Oversee the development and implementation of plans and functions that promote economic wellbeing.
§ Maintain an overview of work programmes carried out by the Council’s Economy & Development Directorate.
§ Undertake the administration of all statutory functions, powers and duties other than those specifically delegated to any other committee or subcommittee, or retained by Council.
§ Conduct any consultation processes required on infrastructure issues before the Committee.
§ Approval and forwarding of submissions.
§ Any other matters delegated to the Committee by Council in accordance with approved policies and bylaws.
§ The committee has the powers to perform the responsibilities of another committee where it is necessary to make a decision prior to the next meeting of that other committee. When exercised, the report/minutes of the meeting require a resolution noting that the committee has performed the responsibilities of another committee and the reason/s.
§ If a policy or project relates primarily to the responsibilities of the Infrastructure & Regulatory Committee, but aspects require additional decisions by the Communities Committee and/or Climate Change & Sustainability Committee, then the Infrastructure & Regulatory Committee has the powers to make associated decisions on behalf of those other committees. For the avoidance of doubt, this means that matters do not need to be taken to more than one of those committees for decisions.
Additional Infrastructure Delegations:
§ Determine roading issues considered by the Mayor and Chief Executive to be strategic due to their significance on a city-wide basis, including links to the State Highway, or where their effects cross ward or community boundaries.
§ Hear objections to specified traffic matters where the community board wishes to take an advocacy role.
§ Make decisions under Clause 11(e) of the Tenth Schedule of the Local Government Act 1974 and the Transport (Vehicular Traffic Road Closure) Regulations 1965 in respect of temporary road closures, including making decisions on any ancillary matters including, without limitation, approval of temporary “No Stopping” restrictions under Hutt City Council Traffic Bylaw 2017.
Additional Regulatory Delegations:
§ Conduct statutory hearings on regulatory matters and make decisions on those hearings2, excluding those conducted under the Resource Management Act 1991, which are delegated to the Hearings Subcommittee and District Plan Hearings Subcommittee.
§ Authorise the submission of appeals to the Environment Court on behalf of Council.
§ Recommend to Council the list of members approved to be members of the District Licensing Committee under section 192 of the Sale and Supply of Alcohol Act 2012.
Delegations to make Appointments:
§ The Chair of the Infrastructure & Regulatory Committee, in conjunction with the Chief Executive, is authorised to appoint a subcommittee of suitably qualified persons to conduct hearings on behalf of the Committee.
§ The Chair of the Infrastructure & Regulatory Committee, in conjunction with the Chief Executive, is authorised to appoint a Hearings Subcommittee of suitably qualified persons to conduct resource consent and related hearings on behalf of the Committee.
§ The Chair of the Infrastructure & Regulatory Committee is authorised to appoint three people from the list prepared under the Sale and Supply of Alcohol Act 2012 to specific meetings (Chair and two members).
The Ministry for the Environment advocates that Councils offer specialist RMA training in areas of law which are difficult to grasp or where mistakes are commonly made. This is to complement the Good Decision Making RMA training that they run (which is an overview and basic summary of decision making, rather than an in-depth training in specific areas of the RMA). Therefore in order to facilitate this, the RMA training run for councillors that wish to be hearings commissioners is mandatory.
Reasons for the importance of the training:
1. Hearings commissioners are kept abreast of developments in the legislation.
2. Legal and technical errors that have been made previously are avoided (many of which have resulted in Environment Court action which is costly, time consuming and often creates unrealistic expectations for the community).
3. The reputation of Council as good and fair decision makers or judges (rather than legislators) is upheld.
1 When acting in this capacity the committee has a quasi-judicial role.
HUTT CITY COUNCIL
Komiti Hanganga| Infrastructure and Regulatory Committee
Meeting to be held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on
Tuesday 4 May 2021 commencing at 2.00pm.
2. PUBLIC COMMENT
Generally up to 30 minutes is set aside for public comment (three minutes per speaker on items appearing on the agenda). Speakers may be asked questions on the matters they raise.
3. CONFLICT OF INTEREST DECLARATIONS
Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.
4. Regulatory Matters (21/590)
Report No. IARCC2021/2/97 by the Head of Regulatory Services and Emergency Management 7
With reference to section 32 of Standing Orders, before putting a question a member shall endeavour to obtain the information. Questions shall be concise and in writing and handed to the Chair prior to the commencement of the meeting.
16 April 2021
Report no: IARCC2021/2/97
Purpose of Report
1. To provide the Committee with an update of regulatory matters arising from the work of the Environment and Sustainability Group.
That the Committee receives and notes the information.
2. The report covers the regulatory activities associated with the divisions in the Environment and Sustainability Group. In particular, the Environmental Consents and Regulatory Services departments.
3. Environmental Consent data is attached as Appendix 1 to the report. Enforcement actions data for Animal Services is attached as Appendix 3 to the report.
4. The Environmental Consents division processes consent applications under the Resource Management Act, the Food Act, the Sale and Supply of Alcohol Act and the Building Act (resource and building consents, liquor and food licences and District Licensing reports), as well as LIMs and property enquiries under the Local Government Official Information and Meetings Act. The Environmental Consents division offers an Eco Design Advisor service across the city.
5. Environmental Health services are provided for Upper Hutt City Council as well as Lower Hutt.
6. The Regulatory Services Division deals with trade waste applications, bylaws, animal services, parking and emergency management.
7. This division provides Animal Services for Wellington City Council as well as Lower Hutt.
8. A hearing was held for the Eastern Bays Shared Pathway Resource Consent from 15 – 17 December 2020. The decision from the hearings panel was issued 5 March 2021. The appeal period closed on 26 March 2021. An appeal was lodged in the Environment Court from a submitter in relation to the design of the path and traffic safety concerns. Council will work through the process with the Environment Court.
9. Consent numbers are increasing due to the buoyant property market. We have received a heads up from customers that we are expecting a larger number of applications to be submitted prior to the end of the financial year, due to the proposed significant increases to the Development Contributions.
10. We are in the process of trying to mobilise additional resources to ensure we meet our KPI’s, however, this may be a challenge due to the resourcing capacity across the industry and the country. This may mean we slip on our long term plan key performance indicators of 80% of consents being issued in 18 working days and 100% of consents being issued in 20 working days.
11. The NZ Planning institute held its annual NZPI conference in Nelson between 24-26 March 2021. Some of the common themes covered by key note speakers included sustainability, building resilience and the importance of innate connection of Maori to the natural environment. The planners who attended the conference said it was valuable experience, the themes discussed at the conference relate directly to the work being done in our City.
12. Notable resource consents lodged:
· 11 Cressy Street, Waterloo – 8 townhouses
· 28 Raukawa Street, Stokes Valley – 24 townhouses
· 18 Bunny Street, Hutt Central – new mixed use apartment building
· 76 Antrim Crescent, Wainuiomata – 6 dwellings
· 28 Fitzherbert Road, Wainuiomata – 12 Townhouses
· 370 Stokes Valley Road – 17 Units
· 58 Walters Street, Avalon – 22 townhouses
· 90 Oxford Terrace, Epuni – 15 townhouses
· 17 Pearce Crescent, Taita – 11 townhouses
· 3 Johnston Grove, Taita – 19 townhouses
· 34 Fitzherbert Street, Petone – new mixed use development
· 64 Waipounamu Drive, Kelson – 29 lot subdivision (Stage 6, Kelson Heights)
· 323 Riverside Drive, Waterloo – 14 townhouses.
13. Recently granted resource consents:
· 116 Trelawney Road, Wainuiomata – 11 lots, 7 new homes
· 124 Richmond Street, Petone – 86 unit Business Park
· 124 Richmond Road, Petone - Redevelopment of Imperial Tobacco to 95 townhouses
· 221 High Street, Hutt Central – conversion of commercial building to apartments at rear and above
· 123 Cambridge Terrace, Fairfield – 11 townhouses
· 4 Collingwood Street, Waterloo – 11 townhouses
· 9 Avery Grove, Boulcott – 14 townhouses
· 19 Connolly Street, Boulcott – expansion of existing daycare from 60 children to 80 children.
· 72 Raukawa Street, Stokes Valley – 4 houses
· 80 Parkway, Wainuiomata – 19 houses
· 148 Riverside Drive, Waiwhetu – 11 townhouses
· 14 Bauchop/4 Avon Street – 13 townhouses.
14. RMA compliance updates
· Chilton St James School
Further noise monitoring reports were supplied which have been peer-reviewed and found that noise levels have not increased from previous levels of activity. We are working with the neighbours to ensure they understand the results.
· Wainuiomata Cleanfill
The cleanfill had its independent audit in February 2021. It found:
“This assessment has found the Council to be compliant with the relevant conditions except for Conditions 12 and 15 relating to noise exceedances and the Noise Management Plan ('NMP'), and Condition 16 requiring noise monitoring results to be reported to the Council within 2 weeks. Overall, the consent holder is, therefore, non-compliant with resource consent RM190050.”
All compliance related information is now available online here http://www.huttcity.govt.nz/Services/Rubbish-and-recycling/cleanfill/
Below is a list of the complaints the resource consent monitoring team have received since the last time we reported in February 2021.
Dust on Coast Road
Complaint received and referred to Dave Dews for action.
3.20pm Enforcement officer visited site and found sweeper truck on site cleaning dirt spills on Coast Road and Main Road. Complainant advised of outcome.
Information on complaints sheet isn't factually correct. CLG meetings on November minutes are not on portal. Why?
Contacted the complainant to see which complaint was missing. It related to video evidence of alleged illegal dumping on 22/11/19. Complaint is recorded on the complaints register.
Minutes from November 2020 uploaded to the portal and made available through Council webpage dedicated to the cleanfill.
Unreasonably high level of noise coming from the cleanfill lately
Complaint related to the operation of a bulldozer.
Two separate site visits carried out by Team Leader of Environmental Health and no activity was found on both occasions. Complainant advised of the outcome.
Loud clanging noise coming from cleanfill at 7.37am on 25/3/21
Noise found to be from a truck tailgate, the driver was waiting to enter the site. He was advised about the noise restraints in and around the cleanfill.
15. The consent holder is responsible for ensuring that operation of the cleanfill and impacts on neighbours is mitigated. Monitoring of noise is carried out on a regular basis and reports provided to the regulator.
16. The regulator peer reviews the reports and undertakes monitoring and enforcement as required.
17. Our peer-review found that the methodology and sample size in the December report was not adequate to fully determine compliance. Since then a discussion was held between our peer reviewer Marshall Day, and the consent holder’s noise specialist. This has led to agreeing on a more robust noise measurement methodology. Noise monitoring using this new methodology was undertaken in the week of 23 March 2021; results were received on 9 April 2021 and are being peer reviewed.
18. Council’s Environmental Health Team Leader, an experienced noise specialist, has undertaken two random visits to measure noise produced from the site at the closest receiver. On one occasion there was no noise being produced from the site, on the other occasion the noise was well below the noise consented noise limit.
Land Information Memoranda (LIMs) Team
· LIM numbers below average in January and February, but record high applications in March.
· Record high cancellations for LIMs in March
· Still averaging just under 100 LIMs per month for FY20/21.
19. After a slow start in January 2021 it has turned out to be a busy third quarter for the building team. We have issued 367 consents with the combined value of $134M. This compares to 389 consents and value of $108M for the same period last year.
20. There has been a noticeable spike in the number of building inspections undertaken during March. The highest single month recorded in the last three years. The booming construction market and the increase in multi-unit dwellings have contributed to the increase.
21. We are on track to once again exceed 1,600 building consents in the fiscal year. At the end of the third quarter we have granted 1302 building consents, the value of this work being $411M, compared to 1246 consents to value of $280M for the same period in the last year.
22. We currently have two vacant building officer positions, for which we are interviewing candidates in the week commencing 12 April 2021.
23. Kainga Ora has received its registration from the Ministry of Business Innovation and Employment. They are now an active Building Consent Authority (BCA) capable of processing and inspecting their own building consents for new construction projects. There has been an agreement reached for Council to continue to process and inspect a portion of Kainga Ora building consents for retrofitted repairs and alterations.
Notable building consents received
· 86 Wyndrum Avenue, Open Polytechnic - Kanuka (K Block) Stage 2b - Internal demolition and alterations, $1M
· Masonic Village - RBW - Residential - STAGE 3 - New Multi-Unit Dwelling with attached garages (Block R - 4 Units), $1M.
· Kiwirail workshop – Seismic strengthening , internal alterations, $1.5M
· 5 Taine Street, Taita – 12 residential two storey units on two separate blocks of 6, $1.75m
· 37A Nelson Street – 5 new townhouses with internal access garage and carports - $2.2M
· 94 Cambridge Terrace – 3 storey apartment block with 14 units, $2.35M.
Earthquake Prone Building
24. We are continuing to receive a steady stream of building consents for seismic strengthening work. There have also been a number of completed seismic strengthening projects that has allowed us to withdraw a number of earthquake prone building notices.
25. We are moving forward in planning the next steps of our profiling programme to identify potentially earthquake prone buildings. This needs to be completed by1 July 2022.
26. We have carried out 23 first time inspections in the period 1 January -31 March 2021 and are on target to complete inspection of pools in Lower Hutt within the three yearly cycle. We have a small number on non-compliant pools and are working with the property owners to resolve the issues that have been identified.
Eco Design Advice
27. Our Eco Design Advisor completed 33 home visits between January to March 2021.
28. Our Eco Advisor service was advertised at the Council stall at the Petone Fair and this was a good opportunity to give the community information about the service and promote our free home assessments. We also worked with Council library staff to be part of a presentation to the refugee and migrant community regarding this service.
29. In March 2021 we submitted a Homestar application to the NZ Green Building Council on behalf of Urban Plus Limited for its development at 128 Molesworth Street.
Environmental Health Team
Visits/Controlled Purchase Operations (CPO)
30. Licensed premises compliance checks were undertaken during March 2021. A total of 28 checks were undertaken, with no significant issues raised.
31. A hearing for an application for the renewal of an off-license for Waiwhetu Superette will be set shortly. The application has been opposed by the Medical Officer of Health (MoH) and Council’s Licensing Inspector, who has concerns that the premise does not meet the definition of a grocery store. The MoH also has concerns about existing levels of harm in the area.
32. A hearing for an application for the renewal of the off-licence for Thirsty Liquor will be set shortly. The application is opposed by Police, the Medical Officer of Health and Council’s Licensing Inspector. The opposition relates in general to the layout of the premises and lack of a duty manager being present at all times.
33. An application for a new manager’s certificate was opposed by Police, due to a large number of criminal convictions. This resulted in a District Licensing Committee hearing being held on 12 April 2021. The Committee heard evidence from the applicant and Police and will make a decision on the matter within 15 working days.
and Issuing of Licences
34. On 23 December 2020, Central Government announced a further amendment to the Sale and Supply of Alcohol Act 2020, in that reporting time fames have again been extended. This means that we are unable to issue new liquor licences, or renew existing licenses without reports from the New Zealand Police and the Medical Officer of Health (MoH). The Notice has now been extended to 6 May 2021.
35. There are currently eight applications awaiting reports from the MoH. This generally has little impact on renewal applications as they are able to continue trading. However there is a new on-licence application for the Abandoned Brewery, High Street Boulcott, that is unable to be completed due to a lack of report from the MoH. This has prevented the District Licensing Committee from being able to determine the application, thus preventing the premises being able to commence operating (subject to the licence being granted).
36. Work is continuing on the operational aspects of the Appearance Industries Bylaw and workshops to provide guidance to operators will be scheduled soon. Approximately 50 operators have been identified within Hutt City that will require annual registration and inspection under the provisions of the bylaw.
37. The Environmental Health Team is continuing to make good progress in reducing the back log of food control plan/national programme verifications. There are currently 32 verifications that are overdue, down from 46 as last reported. It is noted that seven of these were booked for March 2021, and a further eight booked for April 2021.
38. Officers are continuing to monitor the activities of a food operator at a local sports club. This is due to the detection of faecal bacteria during recent environmental swabbing of the kitchen.
Quality Management System
39. The Environmental Health QMS (food) is to be audited on 6 May 2021 by IANZ. Two food verifiers will also be undertaking a witness assessment in order to gain recognition to verify National Programmes.
40. The Kelson recycling station continues to see a fair amount of illegal dumping. The Wainuiomata station has been relatively quiet this year, which may be a result of diligent community members creating a better culture around illegal dumping. The old Alicetown site has been relatively clear with no major issues.
41. The Parking Services team has had a very busy month, issuing 3,283 tickets in the month of March 2021. The average value of these tickets was $98.
42. The graph in Appendix 2 attached to the report shows the team has now written 23,692 tickets for the year to date and that is close to the full number for last year, remembering that COVID-19 closed Parking Services for the next two months.
43. Animal Control Officers (ACOs) are at the stage in the registration process where dogs are being seized from properties. Police attendance and warrants are required if the dog is kept in a dwelling or if the situation is volatile.
44. This can be a dangerous and highly emotional situation as ACOs are taking much loved pets away from their owners.
45. The process leading up to this is very fair and ACOs attempt to work with dog owners to provide extended timeframes for payment and also part payment plans.
46. The total of unregistered dogs at the rollover time in November 2020 was 1,224 and is now down to 115.
47. A public event was held at the Wainuiomata Swimming Pool on 15 March 2021 - “Pups, Parade and Paddle” where dog owners bring along their dogs to have fun swimming in the pools due to the pool being emptied the following day. There was a great response to this event; it was well attended and enjoyed by all.
48. The Responsible Dog Owners (RDOs) application criteria has been amended to simplify the process.
49. Dog owners are no longer required to wait for their dogs to reach the age of 12 months before they can apply and there will no longer be a re-application fee for moving within the Hutt if you are already classed as a RDO.
50. Dog owners will be notified via Council’s website that there is an option of applying for RDO for a fee of $65 if they meet the criteria this will reduce the registration fee.
51. The large spike in microchipping is due to a push by staff to chase up owners who have not told us their dogs have microchips. Infringements, euthanasing, impounds and dogs released and sold are all lower than last year and this continues the trend of less antisocial behaviours being reported. Refer to Appendix 3 and Appendix 4 attached to the report.
52. The Waiu fenced dog park is on track for the opening on 15 May 2021. The fencing is going up now.
Climate Change Impact and Considerations
53. Energy efficiency advice is provided by our Eco Design Advisor service. This includes providing advice to applicants when they are preparing to lodge an application for building consent and through our home assessment service.
54. Consultation was undertaken when statutorily necessary.
55. Legal considerations are undertaken under the appropriate legislation.
56. There are no financial considerations.
Appendix 1 Environmental Consents Graphs at the end of March 2021
Appendix 2 Parking Infringements
Appendix 3 Dogs Impounded Released Sold
Appendix 4 Dogs Euthanased Infringements Microchipping
Author: Geoff Stuart
Head of Regulatory Services and Emergency Management
Author: Derek Kerite
Head of Environmental Consents
Approved By: Helen Oram
Director Environment and Sustainability