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Ōtara-Papatoetoe
Local Board
27 July 2021
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Draft
proposal to make a new Signs Bylaw
File No.: CP2021/09863
Te take mō te
pūrongo
Purpose of the report
1. To
seek support on the draft proposal to make a new Auckland Council and Auckland
Transport Ture ā-Rohe mo nga Tohu 2022 / Signs Bylaw 2022 and associated
controls before it is finalised for public consultation.
Whakarāpopototanga matua
Executive summary
2. To
enable the local board to decide whether to support a proposal to make a new
signs bylaw and associated controls, staff have prepared a draft proposal.
3. The
draft proposal is the culmination of decisions by the Regulatory Committee and
Board of Auckland Transport on the review of the current Signage Bylaw 2015.
These decisions were made at meetings to consider the review’s findings
in June 2020 and options in October 2020 and April 2021 and provided direction
on the content of the draft proposal.
4. The
draft proposal would continue to enable council to manage the problems signs
can cause in relation to nuisance, safety, misuse of public places[1], the Auckland
transport system and environment.
5. The
main draft proposals in comparison to the current bylaws about signs are to:
· combine
the current Signage Bylaw 2015 and Election Signs Bylaw 2013
· increase
the current portable sign prohibited area to cover the entire City Centre Zone
· increase
the maximum area of flat wall-mounted signs in the Heavy Industry Zone to 6m2
(currently 2.88m2 for sale of a property and 5m2 for
goods, services or events)
· retain
the intent of the rules in the current bylaws (unless otherwise stated) in a
way that is up to date and more certain
· use
a bylaw structure, format and wording more aligned to the Auckland Unitary Plan
and current council drafting standards.
6. Staff
recommend that the local board support the draft proposal.
7. There
is a reputational risk that the draft proposal or the local board’s
support do not reflect the views of people in their local board area. This risk
would be partly mitigated by the opportunity for the local board to provide
views on public feedback prior to a final decision.
8. Local
board support on the draft proposal will help develop a proposal for the
Regulatory Committee to recommend to the Governing Body and for the Board of
Auckland Transport. Public consultation is scheduled for September and October,
deliberations for March 2022 and a final Governing Body and Board of Auckland
Transport decision for April 2022.
Ngā tūtohunga
Recommendation/s
That the Local Board:
a) support
the draft Statement of Proposal in Attachment A of this agenda report to make a
new Auckland Council and Auckland Transport Ture ā-Rohe mo nga Tohu
2022 / Signs Bylaw 2022 and associated controls for public consultation.
Horopaki
Context
The draft
proposed Bylaw and controls regulate most signs in Auckland
9. The
draft proposed new Auckland Council and Auckland Transport Ture ā-Rohe mo
nga Tohu 2022 / Signs Bylaw 2022 and associated controls seek to manage the problems signs can cause in relation to nuisance,
safety, misuse of public places, Auckland transport system and environment.
10. The draft
proposed new bylaw and controls:
· would
continue to provide for signs related to activities on the same property as
long as they meet certain conditions for their design, construction and
duration of display
· would
continue to limit signs unrelated to the day-to-day activities on the land it
is located (for example signs on footpaths)
· would
continue to provide more opportunities to display signs about elections, polls
and referendums during an election period that would not normally be allowed
· would
continue to be enforced by the Licencing and Regulatory Compliance unit using a
graduated compliance model (information / education / enforcement)
· would
remain part of a wider regulatory framework[2]
· must
be adopted using a public consultative process and commence before 28 May 2022
to avoid a regulatory gap (the Signage Bylaw 2015 expires on 28 May 2022).
The
proposal is the outcome of a statutory review of the current signage bylaw
11. The
Regulatory Committee (committee) and Board of Auckland Transport (board)
requested staff commence the process to make a new bylaw and controls following
a statutory review of the Auckland Council and Auckland Transport Signage Bylaw
2015 (refer diagram below).
2015 Signage Bylaw review
process
12. Staff have
prepared a draft proposal to implement the decision of the committee and board
(Attachment A). The draft proposal includes the reasons and decisions which led
to the proposed new bylaw and controls and provides a comparison between the
current bylaws and the proposed new bylaw and controls.
The
local board has an opportunity to provide its views on the draft proposal
13. The local
board has an opportunity to support the draft proposal in Attachment A by
resolution to the Regulatory Committee and the Board of Auckland Transport
before it is finalised for public consultation.
14. The board
could support the draft proposal for public consultation, recommend changes or
defer comment until after it has considered public feedback on the proposal.
Tātaritanga me ngā
tohutohu
Analysis and advice
The draft
proposal improves how council manages signs in Auckland
15. The draft
proposal makes a new bylaw and controls about signs to better manage the
problems signs can cause in relation to nuisance, safety, misuse of public
places, Auckland transport system and environment.
16. The table
below summarises the main proposals in comparison to the current bylaws:
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Main proposals
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Reasons for
proposals
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· To make a new bylaw and
associated controls that combine the current Signage Bylaw 2015 and Election
Signs Bylaw 2013.
· The current bylaws
will be revoked.
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· reduce confusion from having
two bylaws about signs.
· clarify intention to
provide more opportunities to display election signs during pre-election
periods than would otherwise be allowed for a sign that does not relate to
activities on the property.
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· To increase the
current portable sign prohibited area to cover the entire City Centre Zone.
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· prioritise the area for
pedestrians and place-making activities.
· remove potential safety risks,
nuisance and clutter.
· improve
accessibility for mobility and vision-impaired pedestrians.
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· To increase the
maximum area of flat wall-mounted signs in the Heavy Industry Zone to 6m2.
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· allow more visible display of
information in an area which has a larger built form and a lower priority on
amenity values.
(current maximum is 2.88m2
for sale of a property and 5m2 for goods, services or events on a
property).
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· To retain the intent
of the rules in the current bylaws (unless otherwise stated) in a way that is
up to date and more certain.
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· retain the effect of rules considered
to still be appropriate.
· ensure rules are
current, clear, and easier to understand and comply with.
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· To use a bylaw structure,
format and wording more aligned to the Auckland Unitary Plan and current
council drafting standards.
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· ensure rules are easier to
understand and comply with.
· comply with current council
bylaw drafting standards.
· assist future
reviews of the Auckland Unitary Plan in relation to the most appropriate
distribution of sign rules.
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The draft
proposal complies with statutory requirements
17. The draft new
bylaw and controls has been prepared in accordance with statutory requirements
to:
· help
manage the problems signs can cause in relation to nuisance, safety, misuse of
public places, the Auckland transport system and environment
· use
a structure, format and wording that are easier to read, understand and comply
with than the current bylaws about signs and meet current council bylaw
drafting standards
· be
authorised by statute, not be repugnant to other legislation, or be
unreasonable
· not
give rise to any implications and not be consistent with the Bill of Rights Act
· not
be inconsistent with other Acts, regulations and bylaws (refer footnote 2).
Staff
recommend the local board support the draft proposal
18. Staff
recommend that the local board consider whether to support the draft proposal
by resolution to the Regulatory Committee and Board of Auckland Transport.
Tauākī whakaaweawe
āhuarangi
Climate impact statement
19. There are no
implications for climate change arising from this decision.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
20. The draft
proposal impacts the operations of several council departments and
council-controlled organisations. This includes Auckland Council’s
Licencing and Regulatory Compliance Unit and Parks, Sports and Recreation
Department, Auckland Unlimited, Panuku and Auckland Transport.
21. Relevant
staff are aware of the impacts of the draft proposal and their implementation
role, and the proposal is being developed jointly with Auckland Transport.
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
22. The draft
proposal impacts local governance, for example it regulates signs about
community events and signs on local facilities and parks.
23. Representative
local board views were provided in April 2021 through a joint working group
established by the Regulatory Committee and Board of Auckland Transport.[3] Group members unanimously
supported a new bylaw and controls that would be more aligned to the Auckland
Unitary Plan and provided suggestions on the detailed content of the Bylaw.[4]
24. The Regulatory
Committee and Board of Auckland Transport considered these views on
20 April 2021 (REG/2021/20) (29/04/2021:18). The committee and board
directed staff to draft a new bylaw and controls. Group suggestions on detailed
content have been considered in preparing the draft proposal.
25. This report
gives the local board an opportunity to provide its support on the draft
proposal by resolution to the Regulatory Committee and Board of Auckland
Transport.
26. The local
board will have further opportunity to provide its views to a Bylaw Panel on
how the Panel should address matters raised in public feedback to the proposal
related to its local board area.
Tauākī whakaaweawe
Māori
Māori impact statement
27. The proposal
contributes to the Independent Māori Statutory Board’s Māori Plan
for Tāmaki Makaurau and the Auckland Plan 2050’s Māori Identity and
Wellbeing outcome by supporting Māori who want to make their businesses
uniquely identifiable and visible.
28. The
proposal also helps protect all people living in Tāmaki Makaurau from the
potential harms and nuisances that signs can cause.
29. People
identifying as Māori presented views during the 2015 signage bylaw review.
This feedback primarily identified ways to improve inappropriate signage
standards. The draft proposal addresses those views by clarifying and updating
standards.
30. Staff
will engage with mana whenua and mataawaka during the public consultative
process to ensure Māori are able to provide their views on the proposal.
Ngā
ritenga ā-pūtea
Financial
implications
31. There
are no financial implications to the local board for any decisions to support
the draft proposal for public consultation. The Governing Body and the Board of
Auckland Transport will consider any financial implications associated with
public notification at a later date.
Ngā
raru tūpono me ngā whakamaurutanga
Risks
and mitigations
32. The
following risk has been identified:
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If...
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Then...
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Mitigation
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The
draft proposal or the local board’s support do not reflect the view of
people in the local board area.
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There
may be negative views about council’s process to develop the proposal.
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The
local board will have an opportunity to consider any public feedback and
provide its formal views to a Bylaw Panel on how the Panel should address the
matters raised in the feedback prior to the final decision being made.
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Ngā
koringa ā-muri
Next
steps
33. Staff
will present a proposal and any local board support to the Regulatory Committee
and Board of Auckland Transport in August 2021.
34. If
at any time a joint bylaw is not able to progress, Auckland Council will
continue to progress a bylaw for sign-related matters it is responsible for.
35. If
the Governing Body of Auckland Council and the Board of Auckland Transport
decide to proceed with a joint bylaw, the subsequent steps include public
consultation, local board views on public feedback, Bylaw Panel deliberations
and a final decision by the Governing Body of Auckland Council and Board of
Auckland Transport (refer to the diagram in Context).
Ngā tāpirihanga
Attachments
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No.
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Title
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Page
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a⇩
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Attachment A - Draft proposal for new
signs bylaw and controls
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13
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Ngā
kaihaina
Signatories
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Authors
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Victor
Faletutulu - Graduate Policy Advisor
Steve
Hickey - Policy Analyst
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Authorisers
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Paul
Wilson - Senior Policy Manager
Rina Tagore Acting Local Area Manager
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