I hereby give notice that an ordinary meeting of the Regulatory Committee will be held on:
Date: Time: Meeting Room: Venue:
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Thursday, 10 August 2017 9.30am Room 1, Level
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Regulatory Committee
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Cr Linda Cooper, JP |
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Deputy Chairperson |
Cr Wayne Walker |
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Members |
Cr Fa’anana Efeso Collins |
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Cr Richard Hills |
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Cr Daniel Newman, JP |
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Cr Dick Quax |
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Cr Sharon Stewart, QSM |
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IMSB Chair David Taipari |
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Cr John Watson |
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IMSB Member Glenn Wilcox |
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Ex-officio |
Mayor Hon Phil Goff, CNZM, JP |
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Deputy Mayor Bill Cashmore |
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(Quorum 5 members)
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Maryke Fouche Governance Advisor
4 August 2017
Contact Telephone: (09) 890 8156 Email: maryke.fouche@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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TERMS OF REFERENCE
Responsibilities
The committee is responsible for regulatory hearings (required by relevant legislation) on behalf of the council. The committee is responsible for appointing independent commissioners to carry out the council’s functions or delegating the appointment power (as set out in the committee’s policy). The committee is responsible for regulatory policy and bylaws. Where the committee’s powers are recommendatory, the committee or the appointee will provide recommendations to the relevant decision-maker.
The committee’s key responsibilities include:
· decision-making (including through a hearings process) under the Resource Management Act 1991 and related legislation
· hearing and determining objections under the Dog Control Act 1996
· decision-making under the Sale and Supply of Alcohol Act 2012
· hearing and determining matters regarding drainage and works on private land under the Local Government Act 1974 and Local Government Act 2002 (this cannot be sub-delegated)
· hearing and determining matters arising under bylaws
· receiving recommendations from officers and appointing independent hearings commissioners to a pool of commissioners who will be available to make decisions on matters as directed by the Regulatory Committee
· receiving recommendations from officers and deciding who should make a decision on any particular matter including who should sit as hearings commissioners in any particular hearing
· monitoring the performance of regulatory decision-making
· where decisions are appealed or where the committee decides that the council itself should appeal a decision, directing the conduct of any such appeals
· considering and making recommendations to the Governing Body regarding the regulatory and bylaw delegations (including to Local Boards)
· regulatory fees and charges
· recommend bylaws to Governing Body for consultation and adoption
· appointing hearings panels for bylaw matters
· review local board and Auckland water organisation proposed bylaws and recommend to Governing Body
· set regulatory policy and controls, including performing the delegations made by the Governing Body to the former Regulatory and Bylaws Committee, under resolution GB/2012/157 in relation to dogs and GB/2014/121 in relation to alcohol.
· engage with local boards on bylaw development and review
· adopting or amending a policy or policies and making any necessary sub-delegations relating to any of the above areas of responsibility to provide guidance and transparency to those involved.
Not all decisions under the Resource Management Act 1991 and other enactments require a hearing to be held and the term “decision-making” is used to encompass a range of decision-making processes including through a hearing. “Decision-making” includes, but is not limited to, decisions in relation to applications for resource consent, plan changes, notices of requirement, objections, existing use right certificates and certificates of compliance and also includes all necessary related decision-making.
In adopting a policy or policies and making any sub-delegations, the committee must ensure that it retains oversight of decision-making under the Resource Management Act 1991 and that it provides for councillors to be involved in decision-making in appropriate circumstances.
For the avoidance of doubt, these delegations confirm the existing delegations (contained in the chief executive’s Delegations Register) to hearings commissioners and staff relating to decision-making under the RMA and other enactments mentioned below but limits those delegations by requiring them to be exercised as directed by the Regulatory Committee.
Relevant legislation includes but is not limited to:
All Bylaws
Biosecurity Act 1993
Building Act 2004
Dog Control Act 1996
Fencing of Swimming Pools Act 1987
Gambling Act 2003;Land Transport Act 1998
Health Act 1956
Local Government Act 1974
Local Government Act 2002
Local Government (Auckland Council Act) 2009
Resource Management Act 1991
Sale and Supply of Alcohol Act 2012
Waste Minimisation Act 2008
Maritime Transport Act 1994
Related Regulations
Powers
(i) All powers necessary to perform the committee’s responsibilities.
Except:
(a) powers that the Governing Body cannot delegate or has retained to itself (section 2)
(b) where the committee’s responsibility is limited to making a recommendation only.
(ii) Power to establish subcommittees.
Exclusion of the public – who needs to leave the meeting
Members of the public
All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.
Those who are not members of the public
General principles
· Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.
· Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.
· Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.
· In any case of doubt, the ruling of the chairperson is final.
Members of the meeting
· The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).
· However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.
· All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.
Independent Māori Statutory Board
· Members of the Independent Māori Statutory Board who are appointed members of the committee remain.
· Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.
Staff
· All staff supporting the meeting (administrative, senior management) remain.
· Other staff who need to because of their role may remain.
Local Board members
· Local Board members who need to hear the matter being discussed in order to perform their role may remain. This will usually be if the matter affects, or is relevant to, a particular Local Board area.
Council Controlled Organisations
· Representatives of a Council Controlled Organisation can remain only if required to for discussion of a matter relevant to the Council Controlled Organisation.
Regulatory Committee 10 August 2017 |
ITEM TABLE OF CONTENTS PAGE
1 Apologies 9
2 Declaration of Interest 9
3 Confirmation of Minutes 9
4 Petitions 9
5 Public Input 9
6 Local Board Input 9
6.1 Freedom Camping - Julia Parfitt, Hibiscus and Bays Local Board chairperson 9
7 Extraordinary Business 10
8 Notices of Motion 10
9 Approaches to managing freedom camping in Auckland 11
10 Appointment of hearings panel: Proposed change of use of 40 Anzac Street Takapuna 87
11 Resource Consents: Quarterly Hearings Report August 2017 93
12 Resource Consent Appeals: Status Report 10 August 2017 97
13 Regulatory Committee Summary of Information Items - 10 August 2017 111
14 Consideration of Extraordinary Items
1 Apologies
Apologies from Cr D Newman and Mayor P Goff have been received.
2 Declaration of Interest
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.
3 Confirmation of Minutes
That the Regulatory Committee: a) confirm the ordinary minutes of its meeting, held on Thursday, 6 July 2017, including the confidential section, as a true and correct record. |
4 Petitions
At the close of the agenda no requests to present petitions had been received.
5 Public Input
Standing Order 7.7 provides for Public Input. Applications to speak must be made to the Governance Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders. A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.
At the close of the agenda no requests for public input had been received.
6 Local Board Input
Standing Order 6.2 provides for Local Board Input. The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time. The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give one (1) day’s notice of their wish to speak. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.
This right is in addition to the right under Standing Order 6.1 to speak to matters on the agenda.
7 Extraordinary Business
Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
“An item that is not on the agenda for a meeting may be dealt with at that meeting if-
(a) The local authority by resolution so decides; and
(b) The presiding member explains at the meeting, at a time when it is open to the public,-
(i) The reason why the item is not on the agenda; and
(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”
Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
“Where an item is not on the agenda for a meeting,-
(a) That item may be discussed at that meeting if-
(i) That item is a minor matter relating to the general business of the local authority; and
(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but
(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”
8 Notices of Motion
There were no notices of motion.
Regulatory Committee 10 August 2017 |
Approaches to managing freedom camping in Auckland
File No.: CP2017/15422
Purpose
1. To seek a decision on the preferred approach to manage freedom camping in Auckland.
Executive summary
2. Freedom camping in Auckland is generally restricted using legacy bylaw provisions developed under the Local Government Act 2002. There are 14 designated freedom camping sites.
3. In 2015, the legacy bylaw provisions were confirmed to prevent the controls from lapsing while council reviewed its approach to manage freedom camping. The review has been completed (refer Attachment A).
4. Freedom camping numbers are growing and community concern and issues are increasing. The regulatory framework available to manage freedom camping is complex and inconsistent. Undersupply of freedom camping sites causes overcrowding and increased tension with local residents over the use of public places.
5. Many freedom camping harms are regulated but additional management is also needed. Reducing overcrowding and proactive use of regulatory and non-regulatory tools can effectively manage freedom camping harms.
6. Staff have identified four possible approaches to manage freedom camping in Auckland:
· option one: revoke legacy bylaw provisions, permit freedom camping except on reserves gazetted under the Reserves Act 1977
· option two: maintain status quo, restricted freedom camping and use existing regulations until 2020
· option three: develop regional bylaw under the Freedom Camping Act 2011, permitted by default, limit on ability to prohibit and restrict
· option four: new regional bylaw under the Local Government Act 2002, to manage harms where they occur, control proportionate to the problem.
7. Staff recommend option three: manage freedom camping by developing a bylaw under the Freedom Camping Act 2011. This option:
· addresses increased demand and associated harms
· enables proactive management of freedom camping
· provides for improved enforcement through infringement notices.
That the Regulatory Committee: a) agree that its approach to manage freedom camping in Auckland is to: EITHER i. option one: revoke legacy bylaw provisions and permit freedom camping by default except on reserves gazetted under the Reserves Act 1977. OR ii. option two: maintain status quo and use existing regulations including legacy bylaw provisions until 2020 to manage freedom camping. OR iii. option three: manage freedom camping through a regional bylaw developed under the Freedom Camping Act 2011 (staff recommendation option). OR iv. option four: manage freedom camping through a regional bylaw developed under the Local Government Act 2002. |
Background
Freedom camping numbers are growing and community concern and issues are increasing
8. Every summer Auckland receives a large number of local, domestic and international tourists who camp for free on Auckland Council land in their vehicles, tents and in the open air. This activity is referred to as ‘freedom camping’.
9. The number of freedom campers has grown in recent years, resulting in new challenges for the council to manage, including increased:
· demand for freedom camping sites
· pressure on infrastructure including community facilities
· community concern and complaints about the impact of freedom camping.
10. Legacy bylaw provisions established under the Local Government Act 2002 currently manage freedom camping (refer Attachment B) by heavily restricting where it can occur.
11. There are 14 designated freedom camping sites, with a combined capacity for 107 vehicles. They are located in the Rodney, Franklin, Hibiscus and Bays local board areas.
12. In October 2015, the council confirmed the legacy bylaw provisions until October 2020 to avoid them lapsing under transitional legislation (resolution number GB/2015/11).
13. The council also indicated that a review should be completed before the required review date in October 2020. Staff have completed the review (refer Attachment A).
14. To assist council decision making on its preferred response to freedom camping, the review report provides detailed information on:
· current freedom camping patterns and behaviours within the Auckland region
· different approaches available to the council to manage freedom camping, including both regulatory and non-regulatory responses
· issues associated with freedom camping in Auckland
· the findings of the 2017 freedom camping pilot.
15. The information in the review has been used throughout this report.
Future approach to manage freedom camping in Auckland
Complex and inconsistent regulatory framework available to manage freedom camping
16. The Reserves Act 1977, the Freedom Camping Act 2011 and the Local Government Act 2002 are relevant to the management of freedom camping. The policy intent and approach of each Act differs (refer Attachment C).
17. Approaches to the management of freedom camping are not consistent across local government. Auckland’s neighbouring councils have chosen different approaches. Some use a Freedom Camping Act bylaw and some use a Local Government Act bylaw.
Local Government Act 2002
18. A Local Government Act bylaw could allow, prohibit or restrict freedom camping. Current legacy bylaw provisions were made under this Act. A bylaw can be made to:
· protect the public from nuisance
· protect, promote, and maintain public health and safety
· minimise potential for offensive behaviour in public places.
Freedom Camping Act 2011
19. The Freedom Camping Act 2011 allows freedom camping to occur on any local authority area or conservation land, unless prohibited by another enactment. The council may not ‘absolutely prohibit freedom camping in its area or district’. Infringement powers can be used for the breach of a Freedom Camping Act bylaw.
20. Freedom camping may be restricted or prohibited through a bylaw made under this Act, if the council is satisfied it is necessary to either protect:
· an area
· the health and safety of people who may visit an area
· access to an area.
21. Restrictions can also be placed on: the type of vehicle that is permitted, specific timing restrictions and how many spaces are permitted for vehicles.
The Reserves Act 1977
22. Section 44 of the Reserves Act 1977 prohibits the activity of camping on gazetted reserves, except where it is allowed under a reserve management plan.
23. Under the Reserves Act 1977, a reserve management plan does not apply to local purpose reserves (including esplanade reserves). Freedom camping on esplanade reserves is prohibited unless the local purpose classification is changed.
24. It is not known how many gazetted reserves there are in the Auckland Council region.
Problem definition
25. Freedom camping is growing throughout New Zealand. Auckland is one of the most popular areas for campers. They often start or end their stay in Auckland.
26. It is estimated that during the summer peak period over 320 campers visit Auckland per day. This estimate includes fee paying and freedom campers.
27. Freedom camping predominantly happens in two location types: coastal locations near beaches and around the City Centre. Less popular destinations are those which have few landscape features or are a considerable distance from the motorway or tourist destinations.
28. The majority of freedom campers plan where to stay in advance, particularly international freedom campers. 69 per cent of freedom campers in Auckland are international tourists.
Under-supply of freedom camping sites causes overcrowding and increased tension with local residents over use of public places
29. The limited supply of freedom camping sites in Auckland often results in over-crowding of designated areas and/or illegally camping at popular destinations. Complaints about freedom camping are increasing and generally outline issues of:
· overcrowding at existing freedom camping sites and conflict between freedom campers and other users
· rubbish, litter or waste generated by freedom campers
· public space being privatised by freedom campers by placing belongings in and around a site
· noise and odours from cooking and generator fumes.
30. The problems associated with freedom camping can be divided into two problem types.
31. The first type is managing direct impacts or primary harms. These are intrinsic to the activity of freedom camping. They are generally unavoidable, though they can be mitigated to reduce their impact. Primary harms can be summarised as:
· loss of visual amenity due to presence of campers
· noise and other emanations, e.g. cooking smells
· conflict between other users including local residents
· blocked views
· privatisation of public space.
32. The second type is preventing the secondary impacts or harms of freedom camping. These secondary harms are behavioural, incidental to freedom camping and generally can be avoided. They are problems that may be caused by freedom campers, day visitors and/or locals. Secondary harms can summarised as:
· littering and dumping
· remains of human waste, including used toilet paper
· environmental impacts such as pollution of waterways
· public safety, including the safety of freedom campers
· alcohol and disorderly behaviour
· traffic safety issues such as obstructing access to areas.
Many freedom camping harms are regulated but additional management is also needed
33. The council already regulates many of the secondary harms using the Unitary Plan and a range of bylaws. The secondary harms are experienced in Auckland to varying degrees whether freedom camping is occurring or not.
34. However, there is a lack of current regulatory and/or non-regulatory tools to manage the primary harms related to freedom camping which are:
· conflict of use between users and freedom campers
· privatisation of a public space
· amenity impacts, such as a loss of privacy or obstructed views.
Table 1. Summary of complaints according to harm and approach available to respond
Level of harm |
Impacts |
Management |
Approach |
Primary |
Conflict of use between users and freedom campers. |
|
Placing designated parking spaces away from the most convenient or attractive locations is an effective mitigation strategy. Restricting the length of time that campers can stay may also help reduce harms. |
Primary |
Privatisation of a public space.
|
|
The location and design of future designated sites could assist in managing this. |
Primary |
Amenity impacts, such as a loss of privacy or obstructed views. |
|
Locating campers away from prime spots and residential view shafts is an effective way of avoiding these problems. |
Secondary |
Public safety and nuisance. |
Auckland-wide under the Public Safety and Nuisance Bylaw 2013. |
Noise, fire and obstruction are managed using a graduated response model starting with warnings and bylaw notices through to prosecutions. Under this bylaw the council does not have the ability to issue infringements. |
Secondary |
Litter and dumping. |
Auckland-wide under the Solid Waste Bylaw 2012 Litter Act. |
Infringements are given for littering and the dumping. The fines range from $100 for a first time offender to $400 for re-offending and dumping of large volumes. |
Secondary |
Dangerous dogs and dog access. |
Auckland-wide under the Dog Management Policy and Bylaw 2012. |
Animal management officers may issue fines of $300 and impound animals for unregistered and dangerous dogs, and breaches of local dog access rules. |
Secondary |
Noise and vibration. |
Auckland-wide under the Auckland Unitary Plan. |
Environmental Health officers and noise pollution contractors respond to complaints about noise, usually relating to music and large gatherings. The response differs depending on the zoning, the noise level, the time and proximity to residents. |
Secondary |
Alcohol–related harm. |
Auckland-wide under the Alcohol Control Bylaw 2014. |
There are over 700 alcohol bans in Auckland. The Police enforce all alcohol bans as resources allow and according to the level of risk. Under this bylaw the police can issue $250 fines. |
Secondary |
Managing parking demands. |
Auckland-wide under the Auckland Transport Traffic Bylaw 2012. |
Auckland Transport uses the traffic bylaw to regulate times and vehicle conditions at sites. This is mostly done in urban areas where traffic demands are high. |
Secondary |
Environmental damage. |
Auckland-wide under the Auckland Unitary Plan. |
The rules differ according to the zone and the form of environmental damage. Water pollution, air pollution, damage to heritage and illegal discharges may result in prosecution and fines. |
Reducing overcrowding and proactive use of regulatory and non-regulatory tools can effectively manage freedom camping impacts
35. Many of the problems associated with freedom camping can be reduced by pro-active management. Through the pilot project, staff found that an increase in sites available and the active management of primary harms (i.e. restrictions and controls in areas), reduced secondary harms such as rubbish dumping, damage to grass verges and traffic.
36. During the pilot project there was a reduction in complaints by almost 35 per cent in February 2017 compared to the same month in 2016.
37. Some communities reported that proactive compliance and effective management reduced conflict with other site users compared with previous years.
38. A Department of Internal Affairs project concluded that councils are limiting the number of sites available for freedom camping and that a decrease in supply often results in overcrowding and an actual increase of harms. It was also found that using non-regulatory methods along with regulatory tools is successful in managing freedom camping in many areas.
Managing freedom camping challenges and opportunities will increase effective management.
39. Challenges for managing freedom camping are:
· a shortage of freedom camping areas and an increase in demand results in overcrowding, illegal camping and, subsequently, primary and secondary harms. This can have the effect of reinforcing negative perceptions of freedom camping
· insufficient monitoring and enforcement resources, increases the risk of non-compliance. This can erode community trust and lead to reputational impacts
· dispersing campers away from popular sites to less popular sites requires a mix of regulatory and non-regulatory approaches
· site selection and community engagement takes time and can be costly
· highlighting attractions to freedom campers can increase demand for nearby sites
· the hosting of non-self-contained vehicles is perceived negatively by communities
40. Opportunities to improve the management of freedom camping are:
· increasing supply is a cost-effective approach to manage demand and prevent harms such as overcrowding, conflict of site use and nuisance
· engaging the community in the design of site-specific rules can lead to high quality camper and resident experiences
· social media is a useful tool to disperse campers, manage demand for sites and help improve compliance rates.
Options
41. Staff have identified four potential options to manage freedom camping.
Option 1: revoke legacy bylaw provisions and permit freedom camping by default except on reserves gazetted under the Reserves Act 1977
42. The council policy intent would be to permit freedom camping. Existing restrictions on freedom camping sites would be removed. Freedom camping will be permitted everywhere in the region, except where controlled under the Reserves Act 1977. Staff will be reliant on existing bylaw provisions that only manage secondary harms. There is limited ability to issue infringement notices. Council will be able to prosecute for non-compliance.
Option 2: maintain status quo and use existing regulations including legacy bylaw provisions until 2020 to manage freedom camping
43. The council policy intent would be to prohibit freedom camping in most areas. Legacy bylaws provisions will limit freedom camping to 14 sites. Existing regulatory tools will manage harms. Statutory review required by 2020. There is limited ability to issue infringement notices. Council will be able to prosecute for non-compliance.
Option 3: manage freedom camping through a regional bylaw developed under the Freedom Camping Act 2011
44. The council policy intent would be permissive towards freedom camping. The option by default permits freedom camping everywhere except where controlled under the Reserves Act. The Act limits the council to restrict and prohibit freedom camping to either: protect the area, protect the health and safety of those who visit the area, and protect access to an area. Restrictions may include the maximum time a vehicle can stay in a calendar month, what vehicles are permitted (i.e. non-self-contained or self-contained) and where vehicles may park overnight. Council will have the ability to issue immediate infringement notices.
Option 4: manage freedom camping through a regional bylaw developed under the Local Government Act 2002
45. The council policy intent would be to manage harms where they occur. Controls will be developed on the basis of the nature and scale of the problem. There is an ability to identify where freedom camping is allowed and where it is restricted. There is limited ability to issue infringement notices. Council will be able to prosecute for non-compliance.
Options analysis: pros, cons, risks, and implementation
46. An analysis of the pros, cons, risks and implementation of all four options has been undertaken and is contained in Attachment D.
Comparison of options
47. Each option has been assessed against criteria to help determine a preferred approach to manage freedom camping.
48. The assessment criteria is summarised as follows:
· consistency with central government freedom camping policy – alignment with central government policy and guidelines on implementing freedom camping regimes
· potential to mitigate primary harms and avoid secondary harms –ability to effectively manage problems associated with freedom camping
· ability to respond to community and stakeholders –process for enabling the views and preferences of the community, Māori, stakeholders, and local boards
· longevity/futureproofing –durable solution over the short, medium or long term
· ease of implementation - how effective implementation will be
· cost to deliver – resources and impact on the council to deliver operationally.
Table 2 Criteria assessment
|
Criteria |
Option 1 revoke legacy bylaw provisions |
Option 2 Maintain status quo |
Option 3 New bylaw under the Freedom Camping Act |
Option 4 New bylaw under the Local Government Act 2002. |
|
Policy |
1. |
Consistency with central government freedom camping policy |
ü |
û |
üü |
- |
2. |
Potential to manage primary harms and secondary harms |
û |
ü |
üü |
ü |
|
3. |
Ability to respond to community and stakeholders |
ü |
- |
üü |
üü |
|
Process |
4. |
Longevity/futureproofing |
ü |
û |
ü |
- |
5. |
Ease of implementation |
û |
ü |
üü |
ü |
|
6 |
Cost to deliver |
û |
- |
- |
- |
Rating against criteria |
üü |
ü |
û |
- |
Good rating |
Medium rating |
Poor rating |
Neutral |
Staff recommendation
Option three: Freedom Camping Act bylaw ranks highest in the assessment and is the staff recommended option
49. Staff recommend Option three (Freedom Camping Act bylaw) as the highest positive ranking option against the assessment criteria. This option provides the best ability to:
· address increased demand, reduce overcrowding and associated harms
· enables proactive management of freedom camping
· provides for improved enforcement through infringement notices.
50. Option three (Freedom Camping Act bylaw) is the only option that allows the issuing of immediate infringement notices by compliance officers for primary harms. This will effectively reduce non-compliant behaviour compared to the other options. The ability to collect fines may also help fund freedom camping management costs.
51. Operationally, managing increased freedom camping activity will become more resource intensive and reactive under option one (revoke), option two (legacy) and Option four (Local Government Act Bylaw). Complaints will likely increase with less ability to reduce non-compliant behaviour through infringement notices.
52. The key trade-off between preferred Option three (Freedom Camping Act bylaw) and option two (legacy) and Option four (Local Government Act bylaw) is that freedom camping is permitted by default and legal tests must be met to prohibit and restrict. This limits council ability to prohibit and restrict freedom camping. This trade-off is partially mitigated by the restriction on freedom camping on gazetted reserves under the Reserves Act 1977.
Consideration
Local board views and implications
53. Through the months of December 2016 and January 2017 workshops were held with local boards to discuss the freedom camping pilot and seek advice about potential sites. Eight local boards participated.
54. Workshops with participating local boards took place in May 2017 after completion of the pilot. Feedback from the local boards included:
· increase community consultation when deciding future freedom camping sites
· pilot controls worked well in some areas, such as signage and parking spaces
· some economic benefits gained from freedom camping, further investigation is required
· social media worked well in some but not all areas. Wi-Fi access may be a barrier
· non-self-contained sites became oversubscribed in urban areas, sometimes causing conflict between users
· increase knowledge about managing non-self-contained campers more effectively, particularly in urban areas.
55. Further description of the feedback from participating local boards is provided in the review report.
Māori impact statement
56. In 2015 at a previous hui on bylaw topics, mana whenua informed the council that any future freedom camping should not take place on wāhi tapu. This information and the sites of significance in the Unitary Plan were used to inform where the freedom camping pilot sites would be placed. Impact on Māori and treaty settlement land was assessed. Mana whenua were provided with a list of pilot sites. Only one response was received back where information was requested about how legacy bylaws operate in the Waitakere Ranges.
57. Options one, three and four will enable engagement with Māori about how they wish to participate in the management of freedom camping. There are potential environmental and economic impacts that may interest Māori if freedom camping sites increase. Staff will work with Māori to assessing impact where activity might be allowed, prohibited or restricted.
58. Assessing impacts on wāhi tapu and future treaty settlement and Māori land will be prioritised.
Implementation
59. Options one, three and four will require a special consultative procedure and the following steps will occur:
· scoping document outlining the approach and timeframes
· engagement with local boards
· a draft statement of proposal will be presented to the Regulatory Committee and the Governing Body for approval
· a graduated enforcement model.
60. If option two is approved a statutory review consultation could be started now or at any time before 2020.
61. The Department of Internal Affairs has highlighted the importance of focusing on non-regulatory approaches. Staff found through the pilot project that when regulatory and non-regulatory tools are used, freedom camping can effectively be managed.
62. Staff will develop a proactive management approach to compliment graduated enforcement.
Table 4. Estimated cost per option
|
Option 1 – revoke legacy bylaw provisions |
Option 2 – maintain status quo |
Option 3 - bylaw under Freedom Camping Act |
Option 4 – bylaw under Local Government Act |
Process costs:
|
$50,000 |
$50,000 |
$100,000 |
$100,000 |
Deliverables (e.g. maps, or signage) |
Nil |
$30,00 (if enhanced monitoring occurs) |
Upwards of $100,000 |
Upwards of $100,000 |
Staff resources: Policy
Licensing and Compliance |
.5 FTE (formal consultation to revoke) |
0.5 FTE (when review consultation occurs) |
1.5 FTE (ongoing until adoption) |
1.5 FTE (ongoing until adoption) |
Each option will require a graduated enforcement model, and a proactive management approach to address the harms associated with freedom camping. |
No. |
Title |
Page |
a⇩ |
Managing freedom camping in Auckland findings report |
21 |
b⇩ |
Existing freedom camping sites and legacy bylaw provisions |
79 |
c⇩ |
Default legal position under each option |
81 |
d⇩ |
Options analysis tables |
83 |
Signatories
Authors |
Puawai Kake - Policy Analyst Daniel Pouwels - Principal Policy Analyst |
Authorisers |
Kataraina Maki - GM - Community & Social Policy Penny Pirrit - Director Regulatory Services |
10 August 2017 |
Appointment of hearings panel: Proposed change of use of 40 Anzac Street Takapuna
File No.: CP2017/15526
Purpose
1. To appoint a hearings panel to hear submissions and make recommendations on the proposed change of use and subsequent sale of 40 Anzac Street Takapuna.
Executive summary
2. The properties approved by the Auckland Development Committee in March 2016 for the Unlock Takapuna project include 40 Anzac Street, Takapuna. This property is currently a 250-space car park located in the centre of Takapuna between Anzac Street and Lake Road, adjacent to Potters Park.
3. 40 Anzac Street has the potential to provide a mix of residential, commercial and public open space with activated laneways linking the site to Hurstmere Road.
4. There is a legal obligation for council, under section 78 of the Local Government Act, to consult on any proposal to use 40 Anzac Street for a non-car park purpose, which includes the sale of the land.
5. The Statement of Proposal: Proposed Change of Use of 40 Anzac Street Takapuna is attached as Attachment A.
6. The consultation period is open from Monday 7 August to Monday 4 September 2017.
7. In accordance with Section 83 of the Local Government Act 2002, the statement of proposal will undergo public consultation.
8. As part of the consultation process, submitters are given the opportunity to speak to their submissions at a hearing.
9. Following the consultation period and the hearing, the recommendation from the hearing panel will be reported back to the Planning Committee in November where a decision will be made.
10. If the proposed change of use is supported, the next step would be to work with the communities of Takapuna on future planning for physical public spaces and their preferred uses and activities.
That the Regulatory Committee: a) appoint a hearings panel comprised of three Councillors to hear submissions on the proposed change of use and subsequent sale of 40 Anzac Street Takapuna, deliberate and make recommendations to the Planning Committee. b) appoint one member of the hearing panel established under resolution (a) as chairperson of the hearings panel. c) delegate authority to the chairperson of the Regulatory Committee to make replacement appointments to the hearings panel in the event that a member of the hearings panel is unavailable.
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Comments
Legal obligation to consult
11. 40 Anzac Street was purchased with a “special loan” that was paid off by a separate rate which was charged to the commercial properties in the Takapuna central area. The loan was fully repaid in 1989 and the separate rate was no longer charged from that time.
12. There is a legal obligation to consult on any change of use or ownership of the car park with the ratepayers that paid this historical special rate as well as contributors that paid contributions that now form part of the Takapuna Off-Street Car Park Reserve Fund.
13. There are three statutory regimes under which contributions now forming part of the reserve fund may have been paid. These are:
a. Payments in lieu of parking under section 295 of the Local Government Act 1974;
b. Financial contributions under the Resource Management Act 1991;
c. Development contributions under the Local Government Act 2002.
14. Auckland Council’s Communications and Engagement team has also advised that the level of public interest in 40 Anzac Street warrants a Special Consultative Procedure under section 82 of the Local Government Act 2002.
Consideration
Local board views and implications
15. The Devonport-Takapuna Local Board has been informed of the consultation through a workshop on 11 July and their business meeting on 18 July.
16. The statement of proposal has been provided to the local board.
Māori impact statement
17. Mana whenua are aware of the consultation obligation which has been discussed at multiple workshops on the initial planning stages of the Unlock Takapuna project.
18. The consultation information and feedback form will be sent to mana whenua for them to submit their views and comments on the proposal.
19. If the proposal is supported by the communities of Takapuna and the Planning Committee, Panuku will work with mana whenua on the future planning for physical public spaces and preferred uses and activities on 40 Anzac Street.
Implementation
20. There are no financial or legal implications beyond those normally associated with the appointment of a hearings panel. The costs of the hearings panel will be met by Panuku Development Auckland.
No. |
Title |
Page |
a⇩ |
The Statement of Proposal - Proposed Change of Use of 40 Anzac Street, Takapuna |
91 |
Signatories
Author |
Kate Cumberpatch - Development Manager |
Authorisers |
Allan Young - Director Development Penny Pirrit - Director Regulatory Services |
10 August 2017 |
Resource Consents: Quarterly Hearings Report August 2017
File No.: CP2017/15182
Purpose
1. To provide a quarterly update of regulatory hearings under the Resource Management Act 1991.
Executive summary
2. This report provides a summary of hearings held in the period 1 April to 30 June 2017 and the commissioners appointed to those hearings.
That the Regulatory Committee: a) receive the Resource Consents: Quarterly Hearings Report August 2017 |
Comments
3. The Regulatory Committee holds the responsibility for regulatory hearings required by relevant legislation. The majority of these fall within the area of resource consents and notices of requirement under the Resource Management Act 1991. The Committee oversees who the decision maker(s) should be in relation to the matters that need to be heard, and the position to be taken in regards to any appeals of those decisions.
4. The delegation to appoint hearing commissioners has been delegated to staff. Guidance for the assignment of commissioners to a particular hearing follows clauses 3.7 to 3.12 of the Regulatory Committee Policy. The staff in assigning commissioners must therefore take into account the nature and issues raised by an application, and hence the need for particular expertise including mataurangi Maori and tikanga Maori. Local Board members as commissioners can also be considered for matters that are significant or contentious.
5. The assignments of the hearing commissioners for this three month period, is as set out in Attachment A. The assignments occur well in advance of the hearing and therefore an assigned alternate will often be part of the actual hearing panel due to availability.
6. The reporting of resource consent appeals occurs separately as part of a monthly up-date appeals report.
Consideration
Local board views and implications
7. Local Boards are not involved with the appointment of commissioners.
Māori impact statement
8. The decision requested of the Regulatory Committee is to receive this report rather than appoint commissioners to hearings. The Committee policy at 3.7 includes “the desirability of appointing a person with relevant expertise in mataurangi Maori and tikanga Maori” as a consideration in the appointment of hearing panel members. Further policy 3.8 states “Where a matter covers areas of significance to Maori, council staff will consult with IMSB staff on the appointments”.
Implementation
9. The cost of independent hearing commissioners is covered by the applicants of those applications that are required to be heard.
No. |
Title |
Page |
a⇩ |
Hearings Held: 1 April 2017 - 30 June 2017 |
95 |
Signatories
Author |
Robert Andrews - Resolutions Team Manager |
Authorisers |
Ian Smallburn - General Manager Resource Consents Penny Pirrit - Director Regulatory Services |
10 August 2017 |
Resource Consent Appeals: Status Report 10 August 2017
File No.: CP2017/15312
Purpose
1. To provide an update of all current resource consent appeals lodged with the Environment Court.
Executive summary
2. This report provides a summary of current resource consent appeals to which the Auckland Council is a party. It updates our report of 7 June 2017 to the Regulatory Committee.
3. If committee members have detailed questions concerning specific appeals, it would be helpful if they could raise them prior to the meeting with Robert Andrews (phone: 353-9254) or email: robert.andrews@aucklandcouncil.govt.nz) in the first instance.
That the Regulatory Committee: a) receive the Resource Consents Appeals: Status Report 10 August 2017.
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Comments
4. As at 7 June 2017, there are 22 resource consent appeals to which Auckland Council is a party. These are grouped by Local Board Area geographically from north to south as set out in Attachment A. Changes since the last report and new appeals received are shown in bold italic text.
5. The Resolutions Team continue to resolve these appeals expeditiously. In the period since preparing the previous status report, there have been three new appeals and one appeal has been resolved.
6. The new appeal by Albert Road Investments Limited seeks the subdivision of land in the Future Urban Zone. The other Rodney Local Board area appeal by Matakana Museum Limited is specific to a consent condition and likewise relates to a non-notified application.
7. The third appeal has been lodged by Lion – Beer, Spirits & Wine (NZ) Limited who is a submitter to the grant of land use and subdivision consent to Ormiston Centre Limited in Manukau. The applicant seeks to establish a mix of commercial activities including a supermarket, department store and offices. The site is zoned Business – Light industrial under the AUP-OP in which the appellants are concerned with the reverse sensitivity effects of the proposed non-complying activities.
8. The court has also released the decision on the Norsho Bulc Limited Blackbridge Road landfill appeal, granting consent to the proposal.
Consideration
Local board views and implications
9. Not applicable.
Māori impact statement
10. The decision requested of the Regulatory Committee is to receive this progress report rather than to decide each appeal.
11. The Resource Management Act 1991 includes a number of matters under Part 2, which relate to the relationship of Tangata Whenua to the management of air, land and water resources. Maori values associated with the land, air and freshwater bodies of the Auckland Region are based on whakapapa and stem from the long social, economic and cultural associations and experiences with such taonga.
Implementation
12. The decision requested of the Regulatory Committee is to receive this progress report rather than to decide each appeal.
13. The Resource Management Act 1991 includes a number of matters under Part 2, which relate to the relationship of Tangata Whenua to the management of air, land and water resources. Maori values associated with the land, air and freshwater bodies of the Auckland Region are based on whakapapa and stem from the long social, economic and cultural associations and experiences with such taonga.
No. |
Title |
Page |
a⇩ |
Current Resource Consent Appeals as at 31 July 2017 |
99 |
Signatories
Author |
Robert Andrews - Resolutions Team Manager |
Authorisers |
Ian Smallburn - General Manager Resource Consents Penny Pirrit - Director Regulatory Services |
10 August 2017 |
Regulatory Committee Summary of Information Items - 10 August 2017
File No.: CP2017/14688
Purpose
1. To note progress on the forward work programme. (Attachment A).
2. To provide a public record of memos, workshop or briefing papers that have been distributed for the Committee’s information since 6 July 2017.
Executive summary
3. This is regular information-only report which aims to provide public visibility of information circulated to committee members via memo or other means, where no decisions are required.
4. The following papers were circulated to members:
· 17 July 2017 – memo re: Earthquake-proof Building Amendment Act
· 11 July 2017 – memo re: Event Advertising Sites
5. The workshop papers and any previous documents can be found on the Auckland Council website at the following link: http://infocouncil.aucklandcouncil.govt.nz/
· at the top of the page, select meeting “Regulatory Committee” from the drop-down tab and click ‘View’;
· under ‘Attachments’, select either HTML or PDF version of the document entitled ‘Extra Attachments’.
6. Note that, unlike an agenda decision report, staff will not be present to answer questions about these items referred to in this summary. Committee members should direct any questions to the authors.
That the Regulatory Committee: a) receive the information report.
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No. |
Title |
Page |
a⇩ |
Forward Work Programme |
113 |
Memo re: Earthquake-proof Building Amendment Act (Under Separate Cover) |
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Memo re: Event Advertising Sites (Under Separate Cover) |
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Signatories
Author |
Maryke Fouche - Democracy Services Graduate |
Authoriser |
Penny Pirrit - Director Regulatory Services |
Regulatory Committee 10 August 2017 |
REGULATORY COMMITTEE FORWARD WORK PROGRAMME 2017 This committee is responsible for regulatory hearings, appointing independent commissioners and for the development of regulatory policy and bylaws. |
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# |
Area of work |
Reason for work |
Regulatory Committee role (decision or direction) |
Budget/ Funding |
Expected timeframes Highlight financial year quarter and state month if known |
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FY17 |
FY18 |
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12 April 18 May 15 June
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6 July 10 Aug 14 Sept |
12 Oct 9 Nov
|
8 Feb 8 Mar 12 April |
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|
|
|
|
|
|
|
|
|
|
Alcohol Licensing |
Implementation of the Local Alcohol Policy (LAP), including the provision of Local Impacts Reports |
A decision on expenditure if it is found that more resources are required to implement the LAP |
Not known at this stage but not currently funded |
Q4 |
Q1 |
Q2 |
Q3 |
|
|
Alcohol Licensing |
Report on the revenue received and the costs incurred for the alcohol licensing process – required by regulation 19 of the Sale and Supply of Alcohol (Fees) Regulations 2013. |
Note that the majority of alcohol licensing costs were recovered from the existing default licensing fees regime for the twelve months to July 2017. Confirm continuance of the default licensing fees regime. Review the default licensing fees regime after a suitable period of time has elapsed following the implementation of the Local Alcohol Policy.
|
Within current baselines. |
Q4 |
Q1 |
Q2 |
Q3 |
|
|
Regulatory Compliance |
Review of the triennial priority work programme for regulatory compliance |
Endorsement of priority actions. |
Within current baselines. |
Q4 |
Q1 |
Q2 |
Q3 |
|
|
Regulatory Compliance |
Report on progress implementing the Regulatory Compliance Programme |
For information only |
Within current baselines. |
Q4 |
Q1 |
Q2 |
Q3 |
|
|
Animal Management |
Report on Animal Management activities for the year ending June 2017 as required by s10a of the Dog Control Act 1996 |
Note that the Animal Management Annual Report is required under Section 10A of the Dog Control Act 1996 and staff will provide the 2016/17 report to the Secretary of Local Government |
Within current baselines. |
Q4 |
Q1 |
Q2 |
Q3 |
|
|
Environmental Health |
Report on progress implementing the Food Act 2014
|
For information only |
Within current baselines. |
Q4 |
Q1 |
Q2 |
Q3 |
|
|
Consenting Made Easy |
To develop and embed an integrated consenting process is customer centric, consistent, timely and efficient |
Direction on the Consenting Made Easy project as it develops Progress to date: An overview programme was presented on 01/12/2016 Item 10 Update was presented on 12/04/2017 meeting Item 13 |
|
Q4 |
Q1 |
Q2 |
Q3 |
|
|
Building Control |
Quarterly Update of Building control activity |
Direction |
|
Q4 |
Q1 |
Q2 |
Q3 |
|
|
Resource Consents Department update
|
To provide insights into the performance, opportunities and risks of the Resource Consent Department |
Information purposes |
N/A |
Q4 (Apr) |
Q1 |
Q2 (Oct) |
Q3 |
|
|
Resource Consents Appeal Update
|
To provide oversight of the appeals received to resource consent decisions. |
Information purposes |
N/A |
Q4 – April, June |
Q1 – (Aug) |
Q2 (Oct) (Nov) |
Q3 |
|
|
Freedom camping |
Explore the need for and options for regulating freedom camping in Auckland |
· Receive options report following the completion of the research and pilot. (July 2017) · If a regulatory response is required then the committee will: o Recommend statement of proposal to Governing Body. o Establish the hearings panel for deliberations on submissions. o Recommend final draft of bylaw to governing body for adoption. |
Review is within current baselines.
Funding proposals will be required for any recommendations that require capital or operational upgrades. |
Q4 |
Q1 (Aug) |
Q2 |
Q3 |
|
|
Smokefree bylaw investigation |
Committee resolution to “progress the investigation of a smokefree bylaw – commence the statutory process for investigating a draft smokefree bylaw to complement the council’s smokefree policy” |
· Receive options report following the completion of the investigations. (August 2017) · If a regulatory response is required then the committee will: o Recommend statement of proposal to Governing Body. o Establish the hearings panel for deliberations on submissions. o Recommend final draft of bylaw to governing body for adoption. |
Within current baselines. |
Q4 |
Q1 (Sep) |
Q2 (Oct) |
Q3 |
|
|
Public Safety and Nuisance Bylaw review |
Legislative requirement to review bylaw within 5 years. Committee resolution to “commence the review of the Public Safety and Nuisance Bylaw 2013 at an early date”.
|
· Receive report following the completion of the bylaw review. (Dec ’17 – Feb ‘18) · Recommend statement of proposal to Governing Body. (Q2 or Q3 – FY18) # · Establish the hearings panel for deliberations on submissions. (Q2 or Q3 – FY18) · Recommend final draft of bylaw to governing body for adoption. (Q4 – FY18) # public notification is required for bylaw reviews even if no change to the bylaw is recommended. Length of time required to draft the statement of proposal will depend on the scope of amendments requested following the review findings. |
Within current baselines. |
Q4 |
Q1 |
Q2 |
Q3 |
|
|
Local Alcohol Policy |
The Provisional Local Alcohol Policy has been appealed and the Alcohol Regulatory and Licensing Authority is holding appeal hearings in February and March 2017. |
Depending on the outcome of the appeals, the Regulatory Committee may be required to make recommendations about the policy in 2017.
|
Within current baselines. |
Q4 |
Q1 |
Q2 |
Q3 |
|
|
Dog management Bylaw and Policy on Dogs. |
Legislative requirement to review the bylaw and policy after five years. |
· Receive report following the completion of the bylaw review. (November 2017) · Recommend statement of proposal to Governing Body. # · Establish the hearings panel for deliberations on submissions. · Recommend final draft of bylaw to governing body for adoption. # public notification is required for bylaw reviews even if no change to the bylaw is recommended. |
|
Q4 |
Q1 |
Q2 |
Q3 |
|
|
Solid Waste Bylaw review |
Legislative requirement to review the bylaw and policy after five years. |
· Decision on timing and scope of the review. (December 2017) · Reporting on findings and any potential amendments will not be until 2018. |
|
Q4 |
Q1 |
Q2 |
Q3 |
|
|
Boarding Houses Inspection |
Update on the Auckland proactive boarding houses inspections programme.
Increase inspections from one to a minimum of three per year. |
· For information An update on the initiative was provided at the 15 June meeting item 12 resolution REG/2017/51 item 12 Progress to date: Next two proactive inspections will be conducted with Ministry of Business, Innovation and Employments in August and October 2017 |
|
Q4 |
Q1 |
Q2 |
Q3 |
|
COMPLETED |
||||||||
|
The Regulatory Committee Policy |
To provide an efficient, open and transparent framework for the decision making processes for which the Regulatory Committee is responsible. |
Decision: adopted the Regulatory Committee Policy on 12 April 2017 REG/2017/32 Item 12 |
|
Q4 |
Q1 |
Q2 |
Q3 |
|
Gambling Venue Policies review |
Legislative requirement to review these policies every three years. |
· Receive findings report from the review of the policies. If amendments to one or both of these policies is recommended then the committee will: o Recommend statement of proposal to Governing Body. o Establish the hearings panel for deliberations on submissions. o Recommend final draft of bylaw to governing body for adoption. Decision: retain existing class 4 Pokie venue policy and NZ Racing Board (TAB) venue policy Resolution REG/2017/50 Item 11 15 June 2017 |
|
Q4 (Jun) |
Q1 |
Q2 |
Q3 |
|
Independent Commissioner review report |
The need to appoint Independent Commissioners for the 2017 to 2020 commissioner pool following shortlisting and interview processes. |
Decision: Approval of recommended Independent Commissioners for the 2017-2020 term on 15 June 2017 REG/2017/52 Item C2 |
|
Q4 (Jun) |
Q1 |
Q2 |
Q3 |
|
Appointment of Duty Commissioner for the 2017-2018 term |
Need to provide delegation to 12 Independent Commissioners to undertake Duty Commissioner work over the coming year. |
Decision : Approval of appointment of Duty Commissioners on 15 June 2017 REG/2017/53 Item C3 |
|
Q4 (Jun) |
Q1 |
Q2 |
Q3 |
|
Appointment of District Licensing Committee chairs and members |
Appointments of DLC chairs and members for 2017-2020 |
Decision: appointments of DLC chairs and members on 15 June 2017, Item C1 REG/2017/51 |
|
Q4 (Jun) |
|
|
|
|
Air Quality – Indoor Domestic Fires bylaw. |
Restore regulations previously contained in the regional Air, land and Water Plan (which lapsed when the Unitary plan came into effect). |
· Recommend statement of proposal to Governing Body. (Completed) · Establish the hearings panel for deliberations on submissions. (May 2017) · Recommend final draft of bylaw to governing body for adoption. (May 2017) Decision : GB 25 May 2017, Item 12, Resolution GB/2017/49 |
Within current baselines. |
Q4 (May) |
Q1 |
Q2 |
Q3 |