Environmental Services Committee AGENDA

Transcription

1 Environmental Services Committee AGENDA Thursday 11 October 2018 Commencing at 1.30pm Council Chamber, 2 Baring Square East, Ashburton The District of choice for lifestyle and opportunity

2 Committee Membership Cr Peter Reveley (Chair) Cr Diane Rawlinson (Deputy Chair) Cr Thelma Bell Cr Leen Braam Cr Neil Brown Cr Russell Ellis Cr Lynette Lovett Cr Mark Malcolm Cr Liz McMillan Cr Selwyn Price Cr Alasdair Urquhart Cr Stuart Wilson Donna Favel Mayor, ex officio Quorum no less than seven (7) members The purpose of local government: (1) The purpose of local government is (a) (b) to enable democratic local decision-making and action by, and on behalf of, communities; and to meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses. (2) In this Act, good-quality, in relation to local infrastructure, local public services, and performance of regulatory functions, means infrastructure, services, and performance that are (a) efficient; and (b) (c) effective; and appropriate to present and anticipated future circumstances. (Local Government Act 2002 Amendment Act 2012)

3 ASHBURTON DISTRICT COUNCIL Environmental Services Committee Meeting Time Item Timetable 1.30pm 1.35pm Meeting commences MPI Presentation Mycoplasma Bovis in New Zealand - Al Lawn (Regional Controller, Ashburton) 1 Apologies - Cr Price 2 Extraordinary Business 3 Conflict of Interest Declarations ORDER OF BUSINESS 4 Confirmation of Minutes Environmental Services Committee 30/08/ Forward Programme 4 6 Matters for Committee Decision 6.1 Alcohol Regulatory & Licensing Authority Annual Report to 30/06/ Activity Reports Building Services Planning October 2018

4 Committee Minutes 4.1 Environmental Services Committee Minutes of the Environmental Services Committee meeting held on Thursday 30 August 2018, commencing at 1.30pm, in the Council Chamber, 2 Baring Square East, Ashburton. Present Councillors Peter Reveley (Chair), Thelma Bell, Russell Ellis, Lynette Lovett, Liz McMillan, Mark Malcolm, Diane Rawlinson, Selwyn Price, Alasdair Urquhart and Stuart Wilson. In attendance Acting Chief Executive, Building Services Manager, District Planning Manager, Open Spaces Manager and Governance Team Leader. Deputation Mr Bruce Spiers (Land Service Group Ltd) 1.42pm-1.50pm. 1 Apologies Mayor Donna Favel (absent on Council business); Crs Leen Braam and Neil Brown Sustained 2 Extraordinary Business The Chair has accepted a request from Mr Bruce Spiers to speak on item Declarations of Interest Nil. 4 Confirmation of Minutes That the minutes of the Environmental Services Committee meeting held on 26 July 2018, be taken as read and confirmed. Rawlinson/Bell Carried 5 Forward Programme Nil. 6.1 Annual Report on Dog Control Officers receive few complaints about dogs not under control in local dog exercise areas but there is a recurring issue with Argyle Park, only part of which is designated as a dog exercise area. The Acting Chief Executive advised that Argyle Park is patrolled regularly. 1 That the report be received. 2 That the report be notified in a prominent newspaper. 3 That the report be sent to the Secretary for Local Government within one month of adoptions. Wilson/Urquhart Carried 6.2 Hakatere Huts Emergency Siren The recommendation to decline funding wasn t fully supported. The Committee heard that the community has relied on the siren to raise the alarm for a number of emergency situations including fire and accidents on the beach. Environmental Services Committee 11 October

5 The Acting Chief Executive advised that the community can decide whether to replace the siren and could potentially apply for a grant towards this. A remotely activated tsunami public address siren could be considered and while significantly more expensive, it is vastly superior and has the advantage of being able to be remotely activated down the east coast of the South Island. It was noted that this siren cannot be used for any purpose other than a coastal tsunami warning Council has not budgeted for a siren and a request to investigate this option would need to be addressed through the 2019/20 annual plan. 1 That the request be declined and the cost of a basic emergency siren be borne by the Hakatere Huts community in the same manner as those obtained and installed at South Rakaia and North Rangitata. 2 That the costs and benefits of an integrated tsunami warning system be further investigated. Wilson/Bell A show of hands gave 6 for and 3 against. Crs Lovett, Price and McMillan recorded their votes against the motion. Carried 6.3 Proposed Taking of Land 174 Racecourse Road Deputation: Mr Spiers spoke on behalf of the developer who is of the view that by agreeing to provide an area of land at the rear of the subdivision their resource consent requirements will be met and they should therefor e be exempt from paying any further reserves contribution. He suggested that the conditions of the resource consent contravene Council s District Plan and submitted that the land, which will create a linkage to future developments, would be acceptable if no cash contribution was required. Mr Spiers noted that the application for this development didn t originally show a reserve area at the rear of the property and this has been added at Council s request. He explained that the applicant is willing to provide the reserve contribution but does not want to pay for it all upfront. The presentation concluded at 1.50pm. The District Planning Manager advised that the land is intended to be a strategic link and the owners would have the benefit of a right to occupy until such time that the land is needed. The developer would be compensated when the land is transferred and the compensation certificate issued. Mr Hyde explained that the District Plan does not include a structure plan, the issue being that there is no prescribed strategic link but that staff have seen merit in securing access before further development. This may in time be part of a reserve, a green path, or possibly a road. He referred to Council s 2005 Development Plan which designates a green linkage outside the Ashburton urban area, noting this is not reflected in the District Plan. Mr Hyde reported that the Committee s view is being sought because of the possible precedent that could be set if Council allows the developer to forego payment in lieu of the land exchange. The Committee will need to consider whether future developments will require linkages on rear boundaries and what value and financial compensation would be required. Mr Hyde further advised that when a subdivision is approved there s a period of five years to apply for the Section 223 Certificate. Reserve contributions, would be paid and compensation would also be separately paid to the developer at the same time. The property owner would have use of the land until required by the Council. That the draft conditions of resource consent SUB18/0027 at 174 Racecourse Road require the payment of all applicable reserve contributions; and That the land (shown as Lot 17) be secured for a future linkage and compensation paid based on a market valuation at the time of the creation of the compensation certificate. Wilson/Price Carried Environmental Services Committee 11 October

6 7 Activity Reports That the reports be received. The meeting concluded at 2.05pm. Urquhart/McMillan Carried Environmental Services Committee 11 October

7 5 Forward Programme Environmental Services Committee Meeting Date Report / Other Responsibility 22 November Environmental Services Committee 30 August

8 REPORT Date: 11 October 2018 Report to: Environmental Services Committee From: Environmental Monitoring Manager Subject: Annual Report to ARLA 6.1 Alcohol Regulatory & Licensing Authority Annual Report: 1 July 2017 to 30 June Summary The Sale and Supply of Alcohol Act 2012 requires Territorial Authorities to submit an annual report on the proceedings and operations of its District Licensing Committee (DLC) to the Alcohol Regulatory and Licensing Authority (ARLA) for the period 1 July 2017 to 30 June Recommendation 1 That the report be received. 2 That the report be posted on the Ashburton District Council website. 3 That the report be sent to the Secretary for the Alcohol Regulatory and Licensing Authority within one month of adoption Background The Sale and Supply of Alcohol Act was passed on 18 December 2012 and replaced the Sale of Liquor Act The new Act introduced changes for licence holders, the holders of managers certificates, territorial authorities, enforcement agencies and the public. The Act came into force in stages and has been fully in force since 18 December The new Act also saw District Licensing Agencies replaced by District Licensing Committees (DLCs) whose members decide on contested and uncontested applications for new or renewed licences, managers certificates, temporary authorities and special licences District Licensing Committee Structure and Personnel Commissioners: Al Lawn Suzanne Griffin Members: Robin Kilworth Tanya Surrey Debra Hasson Jeff Bland Gary Lee Tracy McIlraith Environmental Services Committee 11 October 2018 Matters for Committee decision 5

9 Secretarial and Support Staff: Jane Donaldson Secretary Rick Catchpowle Secretary Helene Faass Licensing Inspector Phillipa Clark Registrar Jamie Grant Administration Support Workflow In the reporting period the Ashburton DLC received and processed a total of 331 licensing applications, a breakdown of which is as follows. Month On/Off/Club new applications On/Off/Club renewal applications Special License applications Managers Certificates (new and renewal) Temporary Authority July August September October November December January February March April May June Conferences and Training Commissioners and members of the combined Ashburton/Selwyn DLC attended two workshops during the reporting period DLC Meetings and Hearings During the reporting period the DLC convened on 11 Temporary Authority Hearings and two publicly held Hearings. Environmental Services Committee 11 October 2018 Matters for Committee decision 6

10 6.1.8 Publication of DLC Decisions All decisions made by the DLC are published on the Council s website at: Notable Trends or Issues No noticeable trends or issues have been noted DLC Initiatives: No new initiatives were adopted or trialled during the reporting period Local Alcohol Policy ADC s Local Alcohol Policy (LAP) came into effect on 28 August 2017 and incorporates the following objectives: To ensure the decision-making framework within which the DLC and Alcohol Regulatory and Licensing Authority (ARLA) make decisions is clearly defined for applicants, the community and decision-makers To provide a consistent approach to licensing throughout the district while retaining the ability to include conditions appropriate to each situation To promote the safe and responsible sale, supply and consumption of alcohol within Ashburton District To contribute to the minimisation of harm caused by excessive or inappropriate consumption of alcohol To provide for the community s views on licensing matters to be considered in licensing decisions Current Legislation The DLC and the Ashburton District Council again request that best practice notes be provided concerning the operation of the Act and its Regulations Other Matters The DLC and Ashburton District Council welcome ARLA s recent move towards electronic reporting on applications received. It is reiterated that there appear to be different practices between TAs regarding the timeframes for disclosure prior to hearings. To achieve nation-wide consistency it is suggested that ARLA produces a Practice Note which gives clear guidance on timings for disclosure. The DLC continues to question the need for a full panel to consider applications for Temporary Authorities Statistical Information Statistical information for the reporting period is attached. Pages Options and Risks Considered None. Environmental Services Committee 11 October 2018 Matters for Committee decision 7

11 Statutory Implications The alcohol licensing activity is governed by the Sale and Supply of Alcohol Act Significance and Engagement This report is not considered as significant in terms of ADC s Significance and Engagement Policy Financial Implications None. Prepared By RICK CATCHPOWLE Environmental Monitoring Manager Approved By JANE DONALDSON Group Manager Environmental Services Environmental Services Committee 11 October 2018 Matters for Committee decision 8

12 Territorial Authority: Ashburton Annual report for licensing period 2017/18 On-licence, off licence and club licence applications received during reporting period: Application type Number received in Fee Category: Very Low Number received in Fee Category: Low Number received in Fee Category: Medium Number received in Fee Category: High Number received in Fee Category: Very High On-licence new 3 4 On-licence variation On-licence renewal 2 5 Off-licence new 1 4 Off-licence variation Off-licence renewal 6 Club licence new Club licence variation Club licence renewal 7 8 Total Number Total fee paid to ARLA (GST inc) Annual fees for existing licences received during reporting period: Licence type Number received in Fee Category: Very Low Number received in Fee Category: Low Number received in Fee Category: Medium Number received in Fee Category: High Number received in Fee Category: Very High On-licence Off-licence Club licence Total Number Total fee paid to ARLA (GST inc) Environmental Services Committee 11 October 2018 Matters for Committee decision 9

13 Managers certificate applications received during reporting period: Number received Manager s certificate new 72 Manager s certificate renewal 104 Total Number 176 Total fee paid to ARLA (GST inc) 5, Special licence applications received during reporting period: Class 1 Class 2 Class 3 Special licence Temporary authority applications received during reporting period: Number received Temporary authority 11 Permanent club charter payments received during reporting period: Number received Permanent club charter payments 1 Environmental Services Committee 11 October 2018 Matters for Committee decision 10

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18 7. Activity Reports 7.1 Building Services Building Consents/Amendments Month Note: figures in brackets are for the corresponding month the previous year Building Consents Received Building Consents Received YTD Building Consents Issued Building Consents Issued YTD % Processed within 20 Days Inspections Carried Out (max wait time in brackets) CCC Issued within 20 Days May 76 (118) 299 (356) 88 (120) 309 (367) 100% 303 (5) 98.4% Jun 58 (106) 356 (462) 48 (105) 358 (472) 100% 244 (5) 100% Jul 60 (105) 416 (567) 54 (102) 412 (574) 100% 251 (5) 100% Aug 66 (114) 482 (681) 41 (100) 453 (674) 97.6% 249 (5) 98.7% Month BC Value of Work Received BC Value of Work Received YTD BC Value of Work Issued BC Value of Work Issued YTD May $8,524,063 ($16,570,258) $33,912,183 ($44,661,688) $9,212,638 ($11,209,442) $55,455,895 ($47,767,801) Jun $7,455,466 ($7,691,268) $41,367,649 ($52,352,956) $7,030,809 ($7,638,961) $62,486,704 ($55,406,762) Jul $15,944,653 ($8,828,218) $57,292,702 ($61,181,174) $4,372,717 ($12,487,125) $66,859,421 ($67,893,886) Aug $9,936,387 ($10,302,837) $67,229,089 ($71,484,011) $8,448,586 ($6,146,934) $75,308,007 ($74,040,820) Month Building Amendment Received Building Amendment Received YTD Building Amendment Issued Note: figures in brackets are for the corresponding month the previous year Building Amendment Issued YTD % Processed within 20 Days May 42 (24) 142 (66) 39 (21) 138 (65) 100% Jun 26 (27) 168 (93) 20 (25) 158 (90) 100% Jul 19 (34) 187 (119) 27 (27) 186 (99) 100% Aug 39 (29) 226 (148) 33 (35) 219 (134) 100% Environmental Services Committee 11 October 2018 Activity reports 15

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20 7.2 Planning Resource Consents Resource Consents August 17 August 18 No. of resource consent applications decided No. of resource consents decided within statutory timeframe Notified/ Limited notified applications decided 0 0 Other No. of 223 Certificates processed 6 6 No. of 224 Certificates processed 10 6 No. of building consents reviewed against District Plan Land Information Memoranda LIMs August 17 August 18 LIMs Produced LIMs Produced within 10 working days Includes applications for subdivision, land use and other consents (e.g. application to change conditions of consent). 2. Building consent applications are assessed against all relevant rules in the District Plan to determine if resource consent is required. The applicant for building consent is advised accordingly if resource consent is required. JANE DONALDSON Group Manager Environmental Services Environmental Services Committee 11 October 2018 Activity reports 17

21 Environmental Services Committee Delegations Type of Committee Subordinate to Subcommittees Working Groups Joint Committees Advisory Groups Legislative Basis Membership Quorum Delegations Council Standing Committee Council None Town Centre Canterbury Regional Civil Defence Emergency Management None Committee constituted by Council as per schedule 7, clause 30 (1)(a), LGA Committee delegated powers by Council as per schedule 7, clause 32, LGA Twelve Councillors and Mayor (ex officio) Seven Council delegates to the Environmental Services Committee all of the duties and decision-making powers within the following areas of responsibility: Regulatory activities including: Building control Hazardous Substances Environmental protection and health, nuisances and complaints Fencing of swimming pools Animal control and dog registration Litter Alcohol licensing Naming of roads Noise control Parking enforcement Resource management Street names and property numbering Subdivision and development control Class 4 Gambling Venues Rural fire Civil Defence Freedom Camping Food safety Community Services including: Community Safety grants for community projects and to social agencies

22 To conduct statutory hearings on regulatory matters including: Dog and stock control Health Swimming Pools Building Resource Management Litter The power to appoint hearing panels comprising members of the Environmental Services Committee shall be delegated to the Chair of Environmental Services. Those hearing panels so appointed shall be authorised to deal with the appeal for which they are appointed without further instruction from the Committee. Planning and strategic direction with regard to: Building regulation Animal control Alcohol Licensing Gambling District Plan to make decisions on District Plan changes exclusive of making them operative the initiation of District Plan changes or District Plan variations administration open space Civil Defence and Emergency Management Freedom Camping Community safety and wellbeing Local Approved Products All the duties and responsibilities listed above must be carried out in accordance with the relevant legislation including: Amusement Devices Regulation 1978 Animal Welfare Act 1999 Building Act 2004 Building Research Levy Act 1969 Civil Defence Emergency Management Act 2002 Dog Control Act 1996 Fencing of Swimming Pools Act 1987 (Repealed 1/01/2017 by S19 of the Building (Pools) Amendment Act 2016) Fire Service Act 1975 Food Act 2014 Food Hygiene Regulations 1974 Forest and Rural Fires Act 1977 Forest and Rural Fires Regulations 2005 Gambling Act 2003 Hazardous Substances and New Organisms Act 1996

23 Health Act 1956 Heritage New Zealand Pouhere Taonga Act 2014 Impounding Act 1955 Litter Act 1979 Machinery Act 1950 Psychoactive Substances Act 2013 Public Bodies Contracts Act 1959 Public Works Act 1981 Resource Management Act 1991 Sale and Supply of Alcohol Act 2012 Summary Proceedings Act 1957 Limits to Delegations Matters that must be processed by way of recommendation to Council include: making operative District Plan changes decision to notify the Reviewed District Plan and make operative amendments to fees and charges relating to all activities. Powers that cannot be delegated to committees as per the Local Government Act 2002 and sections 2.3 and 2.4 of this Delegations Manual. Delegated authority is within the financial limits in section 7.