HuttCity_TeAwaKairangi_BLACK_AGENDA_COVER

 

 

Extraordinary

KOMITI HANGANGA |Infrastructure and Regulatory Committee Meeting

 

 

15 October 2021

 

 

 

Pursuant to a requisition by the Chair dated 1 October 2021 an

extraordinary meeting will be held via Zoom,

on:

 

 

 

Wednesday 20 October 2021 commencing at 3.30pm

 

 

 

Membership

 

 

Cr D Hislop (Chair)

Mayor C Barry

Cr A Mitchell (Deputy Chair)

Cr K Brown

Cr B Dyer

Cr G Barratt

Cr N Shaw

Cr L Sutton

 

 

 

For the dates and times of Council Meetings please visit www.huttcity.govt.nz

 

 

 

 

Have your say

You can speak under public comment to items on the agenda to the Mayor and Councillors at this meeting. Please let us know by noon the working day before the meeting. You can do this by emailing DemocraticServicesTeam@huttcity.govt.nz or calling the Democratic Services Team on 04 570 6666 | 0800 HUTT CITY


 

HuttCity_TeAwaKairangi_SCREEN_MEDRES

INFRASTRUCTURE & REGULATORY COMMITTEE
Membership:		8
Meeting Cycle:		Meets on an eight weekly basis, as required or at the requisition of the Chair
Quorum:		Half of the members
Membership RMA Hearings:	An independent Commissioner plus a minimum of either 3 or 4 elected members (including the Chair) and alternates who have current certification under the Making Good Decisions Training, Assessment and Certification Programme for RMA Decision-Makers. 
Reports to:		Council

OVERVIEW:

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

§  Roading/transport

§  Infrastructure strategy

§  Integrated transport strategy

§  Wharves

§  Environmental consents

§  Regulatory functions including enforcement

PURPOSE:

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 COMMITTEES 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. 

§  Undertake hearings on road stopping under the Local Government Act 1974.

§  Make recommendations to Council whether to proceed with a road stopping and the disposal of stopped road, including (where the proposal includes or involves a related acquisition, disposal or land exchange) a recommendation to Council on the acquisition, disposal or exchange.

§  Consider and recommend to Council any request to the Crown that a road is stopped under section 116 of the Public Works Act 1981, and the disposal of the stopped road.

§  Make any resolution required under section 319A of the Local Government Act 1974 regarding the naming of new roads and alterations to street names (other than those in the Harbour and Wainuiomata Wards, which are delegated to the community boards in those areas).

Additional Regulatory Delegations:

§  Develop any regulations required to achieve Council’s objectives.

§  Approve Council’s list of hearings commissioners under the Resource Management Act 1991, including councillors sitting as hearings commissioners and independent commissioners.

§  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.

§  Make decisions on applications required under the Development Contributions Policy for remissions, postponements, reconsiderations and objections.  

§  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).

NOTE:

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

 

Extraordinary meeting to be held via Zoom on

 Wednesday 20 October 2021 commencing at 3.30pm.

 

ORDER PAPER

 

Public Business

 

1.       APOLOGIES

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.       Proposed Road Closure – Goldfish Creative – Filming (21/1670)

Report No. IARCC2021/5/234 by the Traffic Engineer - Network Operations 7

Chair’s Recommendation:

“That the recommendations contained in the report be endorsed.”

5.       QUESTIONS

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.

 

 

 

 

Toi Lealofi

DEMOCRACY ADVISOR


                                                                                       7                                                      20 October 2021

Extraordinary Infrastructure and Regulatory Committee Meeting

14 October 2021

 

 

 

File: (21/1670)

 

 

 

 

Report no: IARCC2021/5/234

 

Proposed Road Closure - Goldfish Creative - Filming

 

Purpose of Report

1.    This report seeks the Infrastructure and Regulatory Committee’s approval for the temporary closure of sections of Hutt City Council controlled roads to facilitate the filming requirements of Goldfish Creative on Port Road, Seaview.

Recommendations

That the Committee:

(1)   notes and receives the report;

(2)   agrees to temporarily close the following section of road on both Saturday
30 October 2021 and Sunday 31 October 2021, between the hours of 5:00am to 9:00pm on both days to facilitate the filming of a commercial, subject to the conditions listed in the Traffic Impact Report attached as Appendix 2 to the report;

a)    Port Road, Seaview (the section of road from #12 Port Road to the intersection of Barnes Street, with access provided to properties), as shown in Appendix 1 attached to the report;

(3)   agrees to temporarily close the following section of road (if required) on both Saturday 6 November 2021 and Sunday 7 November 2021, between the hours of 5:00am to 9:00pm for the reserve days associated with the Goldfish Creative filming event (subject to the conditions listed in the Traffic Impact Report attached as Appendix 2 to the report;

(4)   agrees to temporarily rescind the existing parking restrictions during the closure from 5:00am on Saturday 30 October 2021, through to 9:00pm on Sunday 31 October 2021, or  5:00am Saturday 6 November 2021 to 9:00pm on Sunday 7 November 2021 (reserve days), and impose ‘No Stopping’ parking restrictions on the following sections of road;

a)  Port Road, Seaview (the section of road from #12 Port Road to the intersection of Barnes Street, as shown in Appendix 1 attached to the report; and

(5)   notes that the recommendations in this report should not be amended without first carrying out further consultation with affected parties, along with verification from Council’s Traffic Engineering Manager that the amendment(s) will not unreasonably impact traffic.

For the reasons that the proposed temporary road closure is required to facilitate the safe, efficient and effective running of works associated with filming and providing a safe environment for all involved and the general public and that road closures of this type are required to be approved by the Committee in line with Schedule 10, Clause 12 of the Local Government Act 1974.

 

Background

2.    Council receives numerous requests throughout the year for public roads to be closed for both public and private events. In order for the closures to have an effect, under Schedule 10 of the Local Government Act 1974, the Committee’s approval is required.

3.    Officers received an application from Goldfish Creative for approval to film a commercial which will involve both a temporary road closure and temporary ‘No Stopping’ restrictions as detailed in the recommendations above. Details of the filming event and the expected impact on traffic are attached as Appendices 1 and 2 to the report.

4.    At its meeting of 12 August 2008, Council approved a procedure for Council to follow to comply with the Local Government Act 1974 (Schedule 10) provisions for temporary road closures for events.

5.    Processes have been established to implement these procedures, including the required communication and consultation prior to any approval of a closure.

6.    This report has been prepared in accordance with the approved procedures.

7.    Noise and working at night:

Filming activities shall comply with the District Plan noise limits for the activity area in which they are located except that on a maximum of 10 days within each filming activity (of up to 30 days) any noise resulting from filming activities shall not exceed 70dBA L10 between the hours of 7.00am and 10.00pm measured at any point within any other site in a Residential, Commercial or Business Activity Area and at any point within the notional boundary of any dwelling in a Rural Activity Area.

Maximum 58dBA 7.00am - 10.00pm
Maximum 45dBA 10.00pm - 7.00am
 

Discussion

8.    Council’s Traffic Engineer – Network Operations, acting as Council’s Traffic Engineer, has assessed the proposed closures with regards to their expected impact on traffic. The Traffic Engineer has provided a professional opinion as to whether the resulting impact on traffic is likely to be reasonable or unreasonable:

Goldfish Creative – Filming; the proposed closure, if implemented according to an approved temporary traffic management plan and associated conditions, are not likely to have an unreasonable impact on traffic or the network given the intensive consultation undertaken with local businesses in the area.

9.    Any vehicles remaining within the proposed road closures during filming will need to be removed for filming purposes, therefore temporary No Stopping restrictions are required to enable these vehicles to be removed.

10.  Where existing parking restrictions are in place, these are to be temporarily rescinded to facilitate the temporary No Stopping restrictions.

11.  Temporary Traffic Management Plans prepared for the filming will show how traffic safety and flow will be managed around the closure area.

12.  Council’s Events Team note

       ‘This request is from a filming activity here in Lower Hutt and previously Council’s Promotions and Events Team have been worked with location managers facilitating film locations across the city. Lower Hutt is a part of the regional film friendly Wellington partnership.  Each year, film and television companies who choose to film here contribute millions of dollars to the economy and provide hundreds of jobs to residents in the region. With regard to its contribution towards Council’s strategies and policies, and the event is consistent with the objectives and outcomes of these strategies’.

Options

13.  The Infrastructure and Regulatory Committee can:

a)    approve the proposed temporary road closure and the associated ‘no stopping’ parking restrictions.

b)    decline the requested road closure and associated ‘no stopping’ parking restrictions.

14.  Officers recommend Option a) as the effects of the filming can be effectively managed through the conditions of the road closure approvals, as proven in previous years.

Climate Change Impact and Considerations

15.  The matters addressed in this report have been considered in accordance with the process set out in Council’s Climate Change Considerations Guide.

16.  The decision will not be affected by a changing climate.

Consultation

17. A public notice advising the proposed closure was published in the classifieds section of the Hutt News on Tuesday 5 October 2021.

18. The Petone Community Board was notified and no feedback was received.

 

19. The locations department of Goldfish Creative has been working closely with Port Road businesses and the wider Seaview industrial area in order to understand their needs over the proposed filming period. This has included multiple visits and conversations with affected businesses.

20. Overall, the response has been very positive, with businesses being notified through letterdrops and conversations with the location departments’ team early on. 

21. Goldfish Creative have been working with specific businesses with their concerns and have mitigated these by reducing the full road closure area, and providing managed access as required for those businesses located either side. 
Original Closure Request


Revised Closure
 


22. Goldfish Creative are in constant communication with these businesses for continued consultation and have tailored the closure area to suit their needs.

Legal Considerations

23.  Approval is required from either Council or the Infrastructure and Regulatory Committee to allow for the temporary closure of roads, and for the imposition of temporary No Stopping restrictions. This will ensure that Council is complying with the requirements of the Local Government Act 1974 (Schedule 10) for the temporary closure of roads within its jurisdiction.

Financial Considerations

24.  For community events, the cost of the public notices in The Hutt News is paid from Council existing budgets. For commercial events, the cost of the public notices is passed onto the appropriate event organiser. These events are deemed to be commercial in nature.

Appendices

No.

Title

Page

1

Appendix 1 - Road Closure Aerial

12

2

Appendix 2 - Traffic Impact Report

13

 

Author: Charles Agate

Traffic Engineer - Network Operations

 

 

Reviewed By: Bob Hu

Traffic Engineering Manager

 

 

Approved By: Jon Kingsbury

Head of Transport


Attachment 1

Appendix 1 - Road Closure Aerial

 


Attachment 2

Appendix 2 - Traffic Impact Report