Environmental Services Committee AGENDA

Environmental Services Committee AGENDA Thursday 11 February 2016 Commencing at 11am Council Chamber, 2 Baring Square East, Ashburton The District of choice for lifestyle and opportunity www.ashburtondc.govt.nz

Committee Membership Cr Alan Totty (Chair) Cr Don McLeod (Deputy Chair) Cr Rod Beavan Cr Neil Brown Cr Ken Cutforth Cr Russell Ellis Cr Donna Favel Cr Darryl Nelson Cr Martin Nordqvist Cr Peter Reveley Cr Alasdair Urquhart Cr Stuart Wilson Angus McKay Mayor, ex officio Quorum no less than seven (7) members The purpose of local government: (1) The purpose of local government is (a) to enable democratic local decision-making and action by, and on behalf of, communities; and (b) 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)

ASHBURTON DISTRICT COUNCIL Environmental Services Committee Meeting Time Item Timetable 11am Meeting commences ORDER OF BUSINESS 1 Apologies 2 Extraordinary Business 3 Conflict of Interest Declarations 4 Minutes Environmental Services Committee 3/12/15 1 5 Forward Programme 3 6 Matters for Committee Decision 6.1 Submission on Resource Legislation Amendment Bill 4 7 Activity Reports 7.1 Services 6 7.2 Planning 8 2 February 2016

Committee Minutes 4 Environmental Services Committee Minutes of the Environmental Services Committee meeting held on Thursday 3 December 2015, commencing at 10.30am, in the Council Chamber, 2 Baring Square East, Ashburton. Present Mayor Angus McKay; Councillors Alan Totty (Chair), Don McLeod, Rod Beavan, Neil Brown, Russell Ellis, Donna Favel, Darryl Nelson, Martin Nordqvist, Peter Reveley, Alasdair Urquhart and Stuart Wilson. In attendance Group Manager Environmental Services, Services Manager, District Planning Manager, Environmental Monitoring Manager, Community Relations Manager and Committee Secretary. 1 Apologies Cr Ken Cutforth Sustained 2 Extraordinary Business Nil. 3 Conflicts of Interest Nil. 4 Confirmation of Minutes That the minutes of the Environmental Services Committee meeting held on 5 November 2015, be taken as read and confirmed. Wilson/McLeod Carried 5 Forward Programme No additional items. 6.1 Naming of a Section of Goughs Crossing Road That the section of Goughs Crossing Road between Taylors Stream and Springburn Bushside Road be renamed Withers Farm Road. Reveley/Urquhart Carried 6.2 Animal Control Activities 2013-2015 The Environmental Monitoring Manager responded to comments about a current noise issue relating to peacocks. Monitoring has confirmed the complaints received are valid. Because there is some uncertainty around the ownership of the peacocks the option of relocating them to the Domain aviary is under consideration. That the report be received. McLeod/Nelson Carried 6.3 Request for Free Parking on East Street The Group Manager Environmental Services reported that a request has been received from a number of East Street retailers who have observed a significant reduction in foot traffic on East Street, since the new parking meters were installed, and have asked Council to provide some free parking up until Christmas. Environmental Services Committee 3 December 2015 1

The Mayor commented on the need for a longer term solution and proposed to meet with the retailers in the new year to discuss their concerns. The outcome of that meeting would then be addressed through Council s annual plan process early next year. While there was some support for allowing limited time free parking, the Group Manager Environmental Services explained that Council doesn t have the resources to carry out the additional monitoring that would be required to identify how long cars had been parked. That 60 minutes free parking be provided on East Street until Christmas, to be monitored by the parking wardens. Wilson/Brown Lost The Committee instead agreed that making the Eastfield carpark free of charge would be a reasonable compromise. That the Eastfield car park be made available free of charge from Monday 7 December to Tuesday 5 January 2016. Ellis/Nelson Carried Environment Canterbury Presentation (11am-11.35am) Environment Canterbury Commissioner David Bedford and officers, Katherine Trought, Cat White, Verity Halkett and Kate Lewis were welcomed to the meeting to update Council on the Air Quality Programme. (Powerpoint presentation) The Committee heard that the Ashburton District is the first in Canterbury to meet the MfE target of having not more than one breach per year. Over the winter period Ashburton s chimneys were monitored as part of the smoky chimney project and no abatement notices were issued. An update on the plan to minimise the effects of stubble burning was also provided. With a 5km buffer zone separating the rural and urban areas, farmers outside the zone will be required to prepare a stubble burning plan. 7 Activity Reports That the reports be received. McLeod/Reveley Carried Services An amendment was made to the table showing building amendment issued (year to date) for the July to October period Jul 57 (58), Aug 58 (68), Sep 61 (82), Oct 67 (84). Planning Officers responded to a request for an update on the RMA reforms. The Committee heard that the Bill is only at Select Committee stage and it is too soon to comment on the implications of the Act. The Group Manager Environmental Services reported that Plans will have to be reviewed within three years of the Bill receiving assent. This will have a financial impact for Council with the loan yet to be repaid on Council s fully operational second generation plan. The meeting concluded at 11.53am. Environmental Services Committee 3 December 2015 2

5 Forward Programme Environmental Services Committee Meeting Date Report / Other Responsibility 10 March Environmental Services Committee 11 February 2016 3

REPORT Date: 11 February 2016 Report to: Environmental Services Committee From: Group Manager Environmental Services Subject: Submission on Resource Legislation Amendment Bill 2015 6.1 Submission on Resource Legislation Amendment Bill 2015 6.1.1 Summary Ashburton District Council and some neighbouring Councils intend preparing a joint submission on the Resource Legislation Amendment Bill. This report recommends the appointment of a working party with power to approve the submission on behalf of the Council. 6.1.2 Recommendation That a working party comprising the Chairperson and any interested Committee members be appointed to consider the Resource Legislation Amendment Bill 2015 and approve a joint submission on behalf of this Council. 6.1.3 Background The Resource Legislation Amendment Bill 2015 encompasses changes to the Resource Management Act, Reserves Act, Conservation Act, Exclusive Economic Zone and Continental Shelf Act, Public Works Act, and Environmental Protection Authority Act. It aims to reduce costs and delays to planning decisions through reduced bureaucracy, reduced rights of appeal, greater national consistency and enhanced legislative cohesion. Reduced bureaucracy is intended to be achieved through measures such as easier consenting for simple consents, national planning templates, alignment of RMA, Conservation Act and Reserves Act processes and increased regulation-making power to direct Councils to fix consenting fees, permit certain land uses and prohibit district plans from duplicating or overriding functions of other Acts, such as the Act. A group of small to mid-sized Canterbury Councils have agreed to share the cost of an RMA solicitor (Andrew Schulte, Cavell Leitch) to assist in preparing a submission on the Bill. Those participating are Timaru, Ashburton, Waimate and Waitaki. Mackenzie and Hurunui may also join the group. The intention is to submit on the aspects of the Bill most likely to affect the participating Councils, and possibly on matters of common interest to wider Canterbury through the Canterbury Policy Forum. 6.1.4 Options and Risks Considered The Council can choose not to be involved in the submission process. 6.1.5 Statutory Implications Submissions close on 14 March 2016. Environmental Services Committee 11 February 2016 Matters for Committee decision 4

6.1.6 Significance and Engagement This matter is not considered significant, and community consultation is not required. 6.1.7 Financial Implications This Council s share of the solicitor s fee is likely to be modest and can be met from the existing budget for legal fees. PREPARED BY JANE DONALDSON Group Manager Environmental Services APPROVED BY ANDREW DALZIEL Chief Executive Environmental Services Committee 11 February 2016 Matters for Committee decision 5

7. Activity Reports 7.1 Services 7.1.1 Consents/Amendments Month Consents Received Consents Received YTD Consents Issued Consents Issued YTD Note: figures in brackets are for the corresponding month the previous year % Processed within 20 Days Inspections Carried Out (max wait time in brackets) CCC Issued within 20 Days Mar 125 (133) 297 (304) 126 (108) 293 (282) 97.6% 466 (5) 100% Apr 110 (120) 407 (424) 118 (126) 411 (408) 100% 359 (5) 100% May 132 (141) 539 (565) 136 (152) 547 (560) 96.3% 578 (5) 100% Jun 93 (146) 632 (711) 92 (128) 639 (688) 98.9% 436 (5) 98.5% Jul 106 (112) 738 (823) 110 (107) 749 (795) 98.2% 393 (3) 100% Aug 73 (90) 811 (913) 83 (112) 832 (907) 97.6% 421 (5) 100% Sept 74 (91) 885 (1004) 75 (80) 907 (987) 98.7% 385 (5) 100% Oct 83 (104) 968 (1108) 59 (91) 966 (1078) 98.3% 395 (3) 100% Nov 68 (87) 1036 (1195) 71 (91) 1037 (1169) 100% 353 (3) 100% Dec 66 (58) 1102 (1253) 63 (73) 1100 (1242) 100% 283 (3) 99% Month Amendment Received Note: figures in brackets are for the corresponding month the previous year 7.1.2 Fencing of Swimming Pools Amendment Received YTD Amendment Issued Amendment Issued YTD % Processed within 20 Days Mar 9 (8) 23 (22) 9 (6) 18 (19) 100% Apr 7 (11) 30 (33) 3 (10) 21 (29) 100% May 8 (4) 38 (37) 8 (9) 29 (38) 100% Jun 9 (9) 47 (46) 18 (6) 47 (44) 94.4% Jul 3 (9) 50 (55) 4 (14) 51 (58) 75% Aug 4 (9) 54 (64) 7 (10) 58 (68) 100% Sept 6 (10) 60 (74) 3 (14) 61 (82) 100% Oct 5 (10) 65 (84) 6 (2) 67 (84) 100% Nov 8 (7) 73 (91) 7 (6) 74 (90) 100% Dec 13 (3) 86 (94) 7 (6) 81 (96) 100% Month Properties Properties Inspected Reinspected Pass Failed Retired Feb 57 0 7 12 27 Mar 29 0 3 7 15 Apr 31 2 7 8 12 May 18 2 1 7 8 Jun 34 0 5 8 15 Jul 82 9 36 11 26 Aug 22 1 12 1 8 Sept 4 4 3 0 1 Oct 0 0 0 0 0 Environmental Services Committee 11 February 2016 Activity reports 6

Nov 15 5 7 1 3 Dec 4 0 1 1 2 Currently there are 852 properties that have or have had swimming pools installed and our KPI is to inspect 20% of known pools. To date we have inspected 56% of known pools (480/852); 202 properties no longer have a pool installed (retired), 78 have minor compliance issues and 200 are fully compliant. A proposed Amendment Bill has been introduced into Parliament to revoke the Fencing of Swimming Pools Act 1987 and incorporate it into the Act. It has had its first reading in Parliament and is now at the Select Committee stage with the report due back on 16 March 2016. Environmental Services Committee 11 February 2016 Activity reports 7

7.2 Planning 7.2.1 Resource Consents Resource Consents Nov 14 Nov 15 No. of resource consent applications decided 1 14 11 No. of resource consents decided within statutory timeframe 14 11 Notified/ Limited notified applications decided 2 1 Other No. of 223 Certificates processed 5 3 No. of 224 Certificates processed 7 5 No. of building consents reviewed against District Plan 2 39 28 LIMs LIM s Produced 62 95 LIM s Produced within 10 working days 62 94 Resource Consents Dec 14 Dec 15 No. of resource consent applications decided 1 29 11 No. of resource consents decided within statutory timeframe 29 11 Notified/ Limited notified applications decided 1 1 Other No. of 223 Certificates processed 2 3 No. of 224 Certificates processed 3 6 No. of building consents reviewed against District Plan 2 29 29 LIMs LIM s Produced 70 69 LIM s Produced within 10 working days 70 69 Environmental Services Committee 11 February 2016 Activity reports 8

1. Includes applications for subdivision, land use and other consents (e.g. application to change conditions of consent). 2. 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 February 2016 Activity reports 9

Environmental Services Committee Delegations Type of Committee Subordinate to Subordinate Committees Legislative Basis Membership Quorum Delegations Council Committee Council Committee constituted by Council as per schedule 7, clause 30 (1)(a), LGA 2002. Committee delegated powers by Council as per schedule 7, clause 32, LGA 2002. 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: 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

To conduct statutory hearings on regulatory matters including: Dog and stock control Health Swimming Pools Resource Management Litter o The power to appoint hearing panels comprising members of the Environmental Services Committee shall be delegated to the Chairperson of the Environmental Services Committee, or in his/her absence, to the Deputy Chairperson of the Environmental Services Committee o Those hearing panels so appointed shall be authorised to deal with the appeal for which they are appointed without further instruction from the Committee. To approve commissioners and/or panels of elected members for resource management hearings The power to appoint a Hearing Committee or Hearing Commissioner shall be delegated to the Chairperson of the Environmental Services Committee, or in his/her absence, to the Deputy Chairperson of the Environmental Services Committee. Planning and strategic direction with regard to: regulation Animal control Alcohol Licensing Gambling District Plan o To make decisions on District Plan changes exclusive of making them operative o the initiation of District Plan changes or District Plan variations o administration o 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 Act 2004 Research Levy Act 1969 Civil Defence Emergency Management Act 2002 Dog Control Act 1996 Fencing of Swimming Pools Act 1987 Fire Service Act 1975 Food Act 1981 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 Health Act 1956 Historic Places Act 1993 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 Amendment 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 7.1 of this Delegations Manual.