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Resolution
number HB/2022/10
MOVED by Member J Parfitt, seconded by Member J
Fitzgerald:
That
the Hibiscus and Bays Local Board:
a) tūtohi / receive
the public feedback on the proposal to make a new Auckland Council and
Auckland Transport Ture ā-Rohe mo nga Tohu 2022 / Signs Bylaw 2022 and
associated controls in this agenda report.
b) whakarato
/ provide the following views on how the Bylaw Panel should address matters
raised in public feedback to the proposal in recommendation (a) to assist the
Bylaw Panel in its deliberations:
i)
Banner signage
A)
do not endorse
proposal 1, as there are sufficient rules are in place to govern their use
currently
ii)
Elections signs
A)
endorse proposal 2A,
as this aligns with the provisions of the Electoral Act 1993
B)
note that many
residents would like to see a shorter time period allowed for the display of
electoral signage, but the local board believes that this would require a
review of the Electoral Act 1993
C)
do not endorse
Proposal 2B as not only is electoral signage temporary in nature but this
restriction applies to private properties only which the local board believes
is not a justifiable use of bylaw powers
D)
endorse Proposal 2C as
certainty and clarity is required for the permitted placement and location of
signs
E)
recommend that, in the
interests of fairness, all signs must comply with the special and general
rules in Subparts 2 and 3 of part 2 of the proposed Signs Bylaw 2022
F)
do not endorse
excluding Entrust from proposal 2C as the proposed Signs Bylaw 2022 must
treat all energy trusts consistently and not make exceptions
G)
note that the Entrust
energy trust does not operate within the Hibiscus and Bays Local Board area
iii) Event signage
A)
recommend that that
events signage rules in proposal 3 needs to differentiate between community
and commercial events
B)
partially endorse
Proposal 3A - event signs, and suggest that a 2- or 3-day period would be
more appropriate for signs advertising a temporary sale of goods, otherwise
known as a garage sale, rather than just the day of the sale itself
C)
partially endorse
Proposal 3B - community events should be able to erect signage for events on
the same roadside sites as election signs
D)
recommend that
proposal 3B is amended to recognise that sometimes events for community
groups are provided by other parties, who might not be a not for profit group
E)
endorse Proposal 3C,
as public safety is paramount and the gaps and contradictions in the current
bylaw need to be rectified in the new bylaw
iv) Free-standing signs
A)
endorse Proposal 4 -
free-standing signs, as it provides needed clarity and approves amenity
B)
endorse the elements
of Proposal 4 - free-standing signs that relate to the placement of signage,
as these should not create safety issues
v)
Portable signs
A)
request that the
Proposal 5 – portable signs apply to all town centres, not just the
City Centre Zone, as the problems identified, of obstruction and hindering
visibility, in the statement of proposal for the Signs Bylaw occur in any
commercial area
B)
endorse Proposal 5B as
this provides clarity and is less repetitive than the current bylaw regarding
portable signage
vi) Poster rules
A)
endorse Proposal 6
– Poster rules need to reflect current practice and agree that the
location of poster board sites should be approved before it can be installed.
We believe that local boards are the appropriate entity to do these approvals
vii) Real estate signs
A)
endorse proposal 7A
that certain wall mounted real estate signs could be increased in size to 6
square metres in Heavy Industrial Zones as long as they are firmly attached
to a structure and are located on private property
B)
endorse proposal 7B as
this confirms to a principle that any proposed rules should reflect current
practice and reduce, where possible, the risk of nuisance
viii) Stencil signs
A)
endorse proposal 8 -
Stencil signs as long as stencil signage is firmly affixed like other mounted
signage it should be treated in the same way
ix) Vehicle signs
A)
endorse proposal 9 -
Vehicle signs as this aligns with the Auckland Transport Traffic Bylaw 2012
as well providing greater clarity and simplicity
x)
Verandah signs
A)
endorse proposal 10
Verandah signs as this provides providing greater clarity and simplicity
xi) Wall-mounted signs
A)
endorse proposal 11a
– Wall mounted signs, as consistency is required in the Heavy Industry
Zone with the way we treat wall mounted real estate signage
B)
endorse proposal 11b -
Wall Mounted Signs, as clearer rules that reduce clutter and address safety
issues
xii) Window signs
A)
endorse proposal 12
Window Signs, for all of the Auckland Council region, in non-residential
areas, as long as it is on private property and adds the vibrancy and
uniqueness of the area
xiii) Special rules for certain signs
A)
endorse proposal 13A
Special Rules for Certain Signs, as the changes that make rules easier to be
understood and adhered to. Major recreational facilities require clear and
effective signage
B)
endorse proposal 13B
Special Rules for Certain Signs, as more clarity is required on the rules.
Need to be clear who approves signage in Open Space zones
C)
request clarification
of the role and delegations that Local Boards will have in proposal 13B,
given their key role on local decision making and place making
D)
recommend that the
provisions in proposal 13C remain unchanged, as the current rules appear to
be working, there is little negative feedback, and certainty is needed for
commercial sexual services particularly as these premises are allowed in
residential zones
xiv) General rules for all signs
A)
endorse proposal 14A -
General Rules For all Signs, as the safety of any signage proposed is
paramount
B)
do not endorse proposal 14B - General Rules For all Signs, as any building
alteration is conducted with an appropriate consent, the display signage of
signage should be permitted as long as it is allowed for
C)
endorse proposal 14C -
General Rules For all Signs, as the person or people responsible for
displaying the illuminated signage must demonstrate that it complies with all
Auckland Council and Auckland Transport rules (clauses 7 and 28) if required
D)
endorse Proposal 14D -
that unless a sign is of heritage value or is an integral part of the structure
of the building it should be removed or covered within 60 working days of a
business ceasing to trade noting that working days is fairer to allow the
work to be done
E)
recommend that
property numbering standards are part of this bylaw, rather than purely
suggested by a guidance standard
F)
recommend that all
signage design rules suggest that all signs be accessible using English
and/or Maori
xv) Controls (additional rules) and Approvals
(permissions)
A)
endorse Proposal 15
Controls (additional rules) and Approvals (permissions) as this update
improves clarity and ensures greater simplicity, also enabling information
notes and a separate review clause to be added are both useful additions
B)
note that local
reserves are the responsibility of Local Boards and that if if signs are to
be approved in these locations, landowner approvals should be applied for
xvi) Enforcement powers, penalties and transitional
rules
A)
endorse proposal 16 -
Enforcement Powers, penalties and transitional rules, especially as extending
the principle of clarity and ease of use to the transition period is in line
with the intentions of this updated bylaw
B)
recommend that if this
bylaw is to be effective it should be enforceable, and as it is a bylaw that
is enacted under the Local Government Act the local board would request
Auckland Council consider seeking an Order of Council process so that fines
can be imposed, similarly to what was sought with the Navigation Bylaw 2021
xvii) Other Feedback
A)
note concern over the
limited numbers of submissions, especially in our local board area, and low
levels of public engagement, although this was impacted by the Level 3 and 4
lockdowns
B)
note the feedback form
was overly lengthy and appeared rather repetitive, and the limited series of
online have your say sessions could have been targeted to key user groups,
and supported by subject matter experts, to achieve a better response
c) recommend a further targeted engagement with key
user groups such as business associations, real estate agencies and community
groups before implementation will gain their valuable feedback and
engagement, especially given the low numbers of submissions to this bylaw
proposal
d) whakatuu
/ appoint chairperson G Brown, deputy chairperson V Short and local board members
J Parfitt and J Fitzgerald to present the views in b) to the Bylaw Panel on
28 March 2022
e) tuku
mana / delegate authority to the local board chair to appoint replacement(s)
to the persons in c) should an appointed member be unable to present to the
Bylaw Panel.
CARRIED
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