Agenda of Planning and Regulations Committee Meeting

Planning and Regulations Committee Meeting Minutes 30 March 2017

MINUTES

Planning and Regulations Committee Meeting

30 March 2017

MINUTES OF Mackenzie District Council
Planning and Regulations Committee Meeting
HELD AT THE Council Chambers, Fairlie
ON Thursday, 30 March 2017 AT 11:55AM

PRESENT: Cr Russell Armstrong (Councillor), Cr Stuart Barwood (Councillor), Cr Chris Clarke (Councillor), Cr Paul Hannagan (Councillor), Cr James Leslie (Deputy Mayor), Cr Anne Munro (Councillor), Cr Graham Smith (Mayor)

IN ATTENDANCE: Wayne Barnett (Chief Executive Officer) Nathan Hole (Planning and Regulations Manager), Toni Morrison (Projects and Administration Manager) and Kate Grant (Administrator)

1 Opening

The Chair welcomed everyone to the meeting.

2 Apologies

There were no apologies.

3 Declarations Of Interest

There were no declarations of interest.

4 Visitors

There were no visitors.

5 Reports

6.1 Minutes of Planning and Regulations Committee Meeting - 22 November 2016

Committee Resolution PRC/2017/7

Moved: Cr Chris Clarke

Seconded: The Mayor

1. That the Minutes of the Planning and Regulations Committee Meeting held on Tuesday 22 November 2016 be received and adopted as a true and accurate record of the meeting.

Carried

6.2 Minutes of Planning and Regulations Committee Meeting - 13 December 2016

Committee Resolution PRC/2017/8

Moved: Cr Hannagan

Seconded: Cr Clarke

1. That the Minutes of the Planning and Regulations Committee Meeting held on Tuesday 13 December 2016 be received and adopted as a true and accurate record of the meeting.

Carried

6.3 Heritage Protection Fund Application - St Patrick's Church, Burkes Pass

Purpose of Report

For the Committee to consider an application from The Burkes Pass Heritage Trust for funding to restore the original appearance of the front fence of the St Patrick’s Church to enhance its heritage value.

Committee Resolution PRC/2017/9

Moved: The Mayor

Seconded: Cr Leslie

1. That the report be received.

Carried

2. That the Committee approves a grant of $2,107.50 from Council’s Heritage Protection Fund to The Burkes Pass Heritage Trust for the restoration of the front fence of St Patrick’s Church, Burkes Pass.

Mr Hole highlighted the recommended amount of funding in the report of $1,692.00 did not include sundry costs and the updated amount requested was $2,107.50.

Cr Clarke noted the application did not include statement of financial position.

Mr Hole said this was not a requirement of the heritage fund policy. He added the fund enabled people to maintain heritage buildings.

6.4 Heritage Protection Fund Application - School House, Burkes Pass

Purpose of Report

For the Committee to consider an application from John Eliott for funding for the removal of a tree which threatened the Burkes Pass School House.

Committee Resolution PRC/2017/10

Moved: Cr Barwood

Seconded: Cr Armstrong

1. That the report be received.

Carried

Committee Resolution PRC/2017/11

Moved: Cr Hannagan

Seconded: Cr Clarke

2. That the Committee approves a grant of $217.35 from Council’s Heritage Protection Fund to J Eliott for the removal of a tree which endangered the Burkes Pass School House.

Carried

6 Adjournments

12:02pm for lunch

7 Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Committee Resolution PRC/2017/12

Moved: The Mayor

Seconded: Cr Barwood

That the public be excluded from the following parts of the proceedings of this meeting.

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Ground(s) under section 48 for the passing of this resolution
8.1 - Minutes of Public Excluded Planning and Regulations Committee Meeting - 13 December 2016	s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
8.2 - Minutes of Public Excluded Planning and Regulations Committee Meeting - 4 October 2016	s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
8.3 - Minutes of Public Excluded Planning and Regulations Committee Meeting - 22 November 2016	s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
8.4 - District Plan Review - Rural Section	s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
8.5 - H2 Explore and District Plan declaration	s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

Carried

Committee Resolution PRC/2017/13

Moved: Cr Leslie

Seconded: Cr Armstrong

That Council moves out of Closed Council into Open Council.

Carried

The Meeting closed at 12:56pm.

The minutes of this meeting were confirmed at the Planning and Regulations Committee Meeting held on 9 May 2017.

...................................................

CHAIRPERSON

Planning and Regulations Committee Meeting Agenda 9 May 2017

6.2 Maintenance of Shop Verandahs in Business zones

File Reference: REG 4/1

Author: Nathan Hole, Planning & Regulations Manager

Attachments: Nil

Purpose of Report

For the Committee to further Council’s discussion from 7 March 2017, and consider commencing the process to develop a bylaw requiring maintenance of verandas.

Staff Recommendations

1. That the report be received.

2. That the Committee resolves that Council commences the process to develop a District wide bylaw requiring the maintenance of verandas on buildings that are accessible by members of the public.

Background

Twizel’s Market Place body corporate wrote to Council on 2 September 2016 raising concern about the lack of maintenance of the Market Place business verandas as the group had concerns regarding their condition, especially as in their view, Council had not meet its obligation to maintain the verandas.

Council responded by letter on 16 October advising that it has sought legal advice on this matter and that maintenance of the verandas was considered to the responsibility of the building owners, which was not the Council. The advice provided Council with some options to require maintenance of the verandas. These included a change to the District Plan to require maintenance, and/or the promulgation of a bylaw to require maintenance.

At its meeting of 7 March 2017, the Council further considered this matter. It was recommended that Council’s Planning and Regulation Committee commence the process of creating an appropriate bylaw.

Council resolved as follows:

That Council refers this matter to the Planning and Regulation Committee to consider proposing a bylaw requiring the maintenance of shop verandas in business zones.

Since the previous report for the meeting of 7 March, Council staff have found that at least five other local authorities have a bylaw requiring maintenance of verandas.

The Planning and Regulation Committee will also be asked to consider this matter separately in relation to the review of the District Plan.

Policy Status

N/A

Significance of Decision

This does not trigger the Council’s Significance and Engagement Policy.

Options

The options of creating a bylaw or not were canvassed at Council’s meeting on 7 March. The option of a District Plan rule, either independently, or in conjunction with a bylaw was also discussed that that meeting. The general view was that a bylaw was the best method for requiring maintenance, and that a rule in the District Plan would be additional and provide a belt and braces approach.

Considerations

Legal

Council has the power to development a bylaw in relation to this matter. This has been confirmed by legal advice.

Financial

This was discussed at Council’s meeting of 7 March.

Other

The Committee has discretion as to how it approaches this issue in terms of timing. This may be a matter that Council wishes to proceed with, but not necessary with urgency.

Conclusion

At present Council has no easy means to enforce maintenance of business verandas. Developing a bylaw would be a sensible option for Council, and one that other councils have adopted. However, if building owners are maintaining the verandas on their buildings then this may not be an urgent matter for Council to proceed with.

Wayne Barnett

Chief Executive Officer

Planning and Regulations Committee Meeting Agenda 9 May 2017

8 Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Recommendation

That the public be excluded from the following parts of the proceedings of this meeting.

General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Ground(s) under section 48 for the passing of this resolution
8.1 - Plan Change 13 - Reporting Information	s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
8.2 - Service Agreement - Aoraki Environment Consultants Ltd	s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7
8.3 - Minutes of Public Excluded Planning and Regulations Committee Meeting - 30 March 2017	s7(2)(b)(ii) - the withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7