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27. 8. 97
ENVIRONMENTAL COMMITTEE
14 AUGUST 1997
A meeting of the Environmental Committee
was held on Thursday 14 August 1997 at 4.00 pm
| PRESENT: | Councillor Carole Evans (Chairman) Councillors Oscar Alpers, Anna Crighton, Newton Dodge, Pat Harrow, Charles Manning and Barbara Stewart (from 4.22 pm) |
| IN ATTENDANCE: | Councillor David Cox (until 4.55 pm) |
| APOLOGY: | Councillor Lesley Keast Councillor Stewart was not present for clause 6 |
The Committee reports that:
PART A - MATTERS REQUIRING A COUNCIL DECISION
| 1. |
SKATEBOARDING - AMENDMENT TO CHRISTCHURCH CITY PUBLIC PLACES AND SIGNS BYLAW 1992 | RR 5800 |
| Officer responsible | Author |
| Environmental Policy & Planning Manager | Terence Moody |
| Corporate Plan Output: Environmental Health Policy Vol II P.7.2.Text.12 |
The purpose of this report is to commence the process of amending the Christchurch City Public Places and Signs Bylaw 1992 to provide the power for the Council, by resolution, to declare certain public places as being areas in which skateboarding is prohibited.
INTRODUCTION
The Council at its meeting on the 25 June 1997 resolved;
That provision be made in the appropriate bylaw(s) for the Council to resolve to prohibit the practice of skateboarding in specified public places and roadways in the city.
In discussion on the matter at the Environmental Committee prior to the Council meeting members wished to discuss the suggested areas to which prohibitions would apply and that discussions be held with some skateboarders regarding the perceived problems and the suggested prohibitions.
Some comment has been received by officers following an item in the paper about the proposal and this is also summarised below.
COMMENTS RECEIVED
I was provided with a video tape from the United States of America which provided some useful information on how the perceived problems are being dealt with in that country by local authorities. The first section of the video looked at the perception of the problem from the point of view of local authority administrators who accepted that it was a legitimate sport, albeit largely an unorganised individual activity, and had a wide degree of popularity throughout the country. The administrators discussed some of the often negative attitudes to skateboarding that were present among some sections of the community and the reality of these. They saw a need to provide facilities in their communities for such sporting activities similar to their provision of facilities for other more organised sports. A copy of the video is available for Councillors to view.
Discussions were held with two skateboarders, who had attended the Committee meeting at which the prohibition was originally discussed. They made a number of useful points in regard to what they saw as rather stringent regulation of their activities with little evidence that they were actually harming anyone. They did make a point that there were various activities that skateboarders undertook. The first is using the skateboard as a means of transport. As this was usually just a means of getting from place to place they saw it as not creating any real problem to persons or property, although they did accept that some people could perceive this as a threat. In some cases they considered the reaction to them as skateboarders was based on people disliking the way they dressed and a perception that they were not good people. I would note that this view was not supported by Senior Sergeant Fenton Wood who spoke at the seminar, and of the skateboarders I spoke to, one was completing a University degree and the other was in full time employment. In regard to the sport side of the activity some are involved with that related to ramps and jumps and others are interested in street type activities which includes using street type furniture, such as steps and rails. The point was made that although the provision of skateboard parks was supported, provided they included both street furniture type activity as well as ramps etc, there was still a desire to use the whole of the urban environment for this purpose. This latter point was also made by one rollerblader who responded to the newspaper article about the "ban".
The point was also made that the amphitheatre area in Victoria Square, over the river between the Courts and the Town Hall, is ideally designed to be used for the type of street sport skateboarding that occurs and that is why it is so popular. It has steps, rails, and sloping areas which are used in this activity.
Both the skateboarders agreed that the surface of the tiles were somewhat more rapidly worn as the result of skateboarders doing jumps in the area but did not agree that there were any other significant problems, except perhaps those of the perception of possible injury and the view that such young people should not be in that area. The point has been made that public areas can be relatively easily made so that some skateboarding sporting activities cannot take place and this matter should be investigated.
Rather than a total prohibition the suggestion was made that this could apply in the times when pedestrian populations were high and the risk of injury to persons therefore, however low it might be in reality, was minimised. The use of skateboards for travel purposes tends not to generally create damage to footpath surfaces although tile surfaces with slightly raised edges do create a problem with the sound of the skateboards as compared with asphalt-type surfaces.
Six people responded to the article in the newspaper, representing a range of opinions on the issue. Four agreed with the need for a skate park, including non-skaters who considered skateboarding should not be permitted on footpaths, roads or parks, or considered them "dangerous". One respondent considered skateboarders to be "disgusting", while two others made reference to "almost" being knocked over or "knew" some-one who had been knocked over. In addition to the above some other phone calls were received requesting "bans" in other than central city areas or commercial areas, for example it was stated that groups of skateboarders operated in the McCormacks Bay Road/Basil Place area at weekends and their presence there was seen as undesirable.
DISCUSSION
The Council has resolved that an amendment should be introduced to enable it, by resolution, prohibit the riding of skateboards in specified public places. This bylaw amendment has been prepared and is available to be recommended for adoption by the Council.
There has not been any significant information provided that, in general, over the city there is significant damage being caused by skateboarding. There is no doubt that in the area of the Victoria Square Amphitheatre the tile surfaces are showing damage probably from the impact of skateboards when landing after jumps. While there is anecdotal information that persons have been knocked over or injured by skateboards or skateboarders the numbers appear small, and no firm evidence has been able to be obtained of these alleged injuries even from the Police.
There is some evidence that responses to skateboarding by other citizens is less than positive, not necessarily because of any actual harm they are doing but more of a perception of the type of person who undertakes this activity and what might happen. This is probably quite wide-spread amongst a wide range of "older" people, but also is expressed by certain younger people.
In introducing the bylaw amendment the opportunity exists for the Council to prohibit skateboarding in specific public places but in so doing it is considered that the Legal Services Manager's advice as to the certainty and reasonableness of the provisions of bylaws, and his comments on enforcement, need to be taken into account. In his opinion Councillors must be satisfied with the answers to the following questions.
He has also drawn attention to the need to provide signs on the prohibited roads and places and the measures necessary for enforcement, particularly in relation to persons under the age of 17.
It is not considered that firm decisions should be made on any prohibited areas until the bylaw provision comes into force and the Washington Reserve skateboard park is completed. With the exception of the Victoria Square Amphitheatre area there is little evidence of significant problems occurring at many of these areas at present and officers undertaking enforcement of the current bylaw provisions will be requested to provide justification for any areas selected. This will enable the Council to fulfil the reasonableness requirement of the bylaw provision.
An amendment to the Christchurch City Public Places and Signs Bylaw 1992 has been prepared by the Legal Services Manager in accordance with the decision of the Council and is attached to the Notices of Motion for the present Council meeting.
| Recommendation: |
That the Council resolve to commence the Special Order procedure for the amendment to the Christchurch City Public Places and Signs Bylaw 1992, for confirmation at the Council meeting on 24 September 1997, to come into force on 1 October 1997. |
2. BUSKERS - REVIEW OF CONDITIONS RR 5799
| Officer responsible | Author |
| Environmental Policy & Planning Manager | Terence Moody |
| Corporate Plan Output: Environmental Health Policy Vol II P.7.2.Text.12 |
The purpose of this report is to report on a review of conditions associated with busking in the city.
INTRODUCTION
Following some comment in a newspaper the City Manager requested that a review be undertaken of the bylaw provisions for busking and the conditions set down by the Council for such operations in the city.
The Stall Operators at the Arts Centre and Cathedral Square have also expressed some concerns about the operations of buskers in both Worcester Boulevard and Cathedral Square. There have also been comments made by some retailers in City Mall regarding these operations in parts of that area. There have also been some concerns expressed by members of the public in relation to busking on the footway in Worcester Boulevard where the people around some buskers create an obstruction requiring pedestrians to move onto the roadway thereby causing concerns of people being hit by vehicles, including the trams.
CURRENT POLICY AND BYLAW
The Christchurch City Public Places And Signs Bylaw 1992 was adopted by the Council in October 1992 and at the time a set of policies relating to the matters of operation of the bylaw provisions were also adopted by the Council as guidelines for the implementation of powers delegated to officers.
The Bylaw contains the following definition:
"Busker" means any person who plays, acts, sings or otherwise performs or entertains in a public place and who may solicit or invite or accept, any donation, contribution or monetary reward.
The Bylaw states:
14. BUSKERS LICENCE
| (1) |
Subject to sub-clause (3) of this clause, no person shall perform as a busker in any public place without first obtaining from the Council a licence to so perform. |
| (2) |
Any licence issued by the Council for the purposes of this clause shall set out the conditions under which buskers may perform and may describe the stands or sites at which such performances may be carried out. |
| (3) |
(a) The Council may from time to time
resolve that a licence pursuant to sub-clause (1) of this
clause shall not be required in any specified public
place. (b) Such resolution may set down conditions for the use of any such public place by a busker. |
The Council adopted the following policies for giving guidance to officers administering the bylaw relating to buskers.
| 1. |
A licence to perform as a busker or entertainer must be obtained for any area, but no licence fee shall be payable in designated Special Use Areas. |
| 2. |
A busker/entertainer may only solicit money by placing a receptacle on the ground, but shall not ask members of the public for money nor approach them or sell goods of any description. |
| 3. |
A busker/entertainer shall not: |
| (a) obstruct or hinder the passage of pedestrians
or vehicles;. (b) cause inconvenience or annoyance or obstruction to any person; (c) create any nuisance or unreasonable noise; (d) use amplified equipment unless permitted; (e) continue to perform at any location if requested to move on by any authorised Council officer. |
PREVIOUS AND CURRENT PRACTICES
There are effectively a limited number public place areas in which buskers do, or wish to, operate. Those in the central city are Cathedral Square, City Mall and Worcester Boulevard, while Brighton Mall is evidently used from time to time. The previous Christchurch City Council had, through a special sub-committee, permitted the operation of busking in the City Mall free of charge, although this was subject to approvals with conditions.
At that time they did not permit the use of amplifiers nor busking in Cathedral Square. It is from this time that the concept of this area being a "Special Use Area" has continued, and under the current bylaw a savings clause would support the continuation of such a decision if it were correctly made at the time.
Currently there have been no areas declared, by resolution, as Special Use Areas under the Bylaw, although both Cathedral Square and City Mall are de facto treated as such areas (see above). The general operations of these areas have been dealt with by originally the City Promotions section of the Leisure and Neighbourhood Support Unit and latterly the Communications and Promotions Unit. From previous discussions with the Events Co-ordinator the aim was to create a vibrant and alive central city and to this end it was considered buskers added to the atmosphere. The aim was to encourage as many people into the central city as possible, visiting shoppers and tourists, but also those working in the central city to get out into these areas in their lunch hours.
The practice had been not to require permission to busk without amplified sound. The quality, location, and duration of non-amplified buskers was largely determined by market forces. If the performance was appreciated by the public money was placed in the hat or other receptacle. Despite this there were some cases where buskers persisted no matter how little they earned (although the income of buskers is not known). The Events Co-ordinators encouraged buskers to do the following;
In the cases where permission was given for the use of amplification, the specific sites were determined by the Events Co-ordinator taking into account the possible effects on nearby retailers.
COMMENTS BY INTERESTED PARTIES
Comments have been received from some groups regarding this matter and discussions have been held with Dr Paddy Austin and Mr Brian Scobie of the Arts Centre; Ms Jodi Wright who is the promoter and organiser of the International Buskers Festival; Mr Adrian Kirk who tutors in entertaining, including busking, at the Christchurch
Polytechnic; a locally based busker Sugra the juggler; and Candida Keithley and Melanie Williams, Central City Marketing Co-ordinators. The latter have provided me with some information provided by a group of retailers in the City Mall area. The stall holders at the Arts Centre prepared some written comments which are attached.
The Arts Centre does provide an area within the grounds on which buskers can perform and can see that provision could be made for busking on the Boulevard footway between Montreal Street and Rolleston Avenue but would like to see it clear of the commercial activity areas of the weekend market stalls area at the eastern end, the street displays of painting and other goods along Worcester Boulevard footway, and the cafe seating areas. The suggestion was made that buskers could be permitted in the areas of the south side of the Boulevard east from the west wall by the Bing Dawe sculpture to Montreal Street, and west from the entrance to the Clock Tower building to Rolleston Avenue. The main problem appears to be on weekends when the markets are being operated and considerable foot traffic occurs along the Boulevard.
The stall holders of the Arts Centre Market were concerned about the operations of buskers close to their activities at the market area by Worcester Boulevard. The then recent visit of an overseas busker created a rise in concern from what was seen as an offensive entertainment. It should be noted that this busker did not have a busker's licence issued nor, it is understood, did the person hold a work permit. They saw some provision being made for buskers who merely played an instrument and/or sung as being suitable for the Boulevard, particularly near the cafe areas where people sit. They also considered that those buskers who undertook more of performances, where crowds tended to surround them, were not suitable on the Boulevard particularly in front of the market area as they affected their trade in addition to causing an obstruction. They have suggested a number of conditions that should be applied to busking (attached).
The other area where some concerns have been expressed about the activities of buskers is in City Mall, particularly the portion west of Colombo Street. There has been a long history of busking in this part of the central city and over the years there have been complaints received from time to time about the activities of some buskers especially but not totally about the position of the activities close to specific retail premises. As noted above the practice has not been to require licences for persons busking in this area, nor have specific sites for busking been designated. Some complaints have been received over the perceived "quality" of the performances and a few (about 27 recorded noise complaints since 1985) over the perceived level of the sound being emitted, the large majority of these being related to bands playing or the use of amplifiers.
The Cashel Mall Retailers Association have suggested the following conditions should apply to buskers.
They have said that they appreciate that the buskers add to the character and feel of the mall but consider the above would benefit not just the retailers but also the shoppers.
Adrian Kirk has advised that in the courses run at the Christchurch Polytechnic he is ensuring that those wishing to be street performers are aware of the need to avoid creating obstructions to pedestrian traffic and entry points into nearby retail outlets. In his view a busking performance not more than about 30 minutes is the most suitable both for the entertainer and for the public. In his view the area of Worcester Boulevard by the Bing Dawe sculpture at weekends is one of the best sites for busking in Christchurch from an entertainer's point of view. This is largely clear of the entry to the Arts Centre market stall area and has sufficient interested members of the public passing to make it worthwhile. He has made the point that if the sculpture was shifted from its current site the space would be ideal for entertainment purposes and would reduce some congestion on the footway on that side of Worcester Boulevard.
Sugra the juggler has made the point that street entertaining does provide life in the central city, and indeed this fact has been used on publicity brochures by the Council. In his case he saw his activity as being largely street entertainment and not necessarily as an income producing activity but appreciated the fact that many persons did undertake these activities for financial return. There was a tradition of "travelling entertainers" where persons used their entertainment skills to obtain money to travel from place to place, either within or between countries. He saw it as an expression of the freedom of the individual and the opportunity for these to express their creativity. For these reasons he considered there should be minimal restrictions on street entertainers.
DISCUSSION
There are few problems apparently in Cathedral Square with buskers, possibly due to the limited numbers who perform there, but also due to the wider spaces and the lack of retail activity around the central public space.
In the Cashel Street part of the City Mall, west of Colombo Street, there can be some conflicts between the retail operations and busking, particularly if music is being played over long periods by performers with a limited repertoire. In the area to the west of the Shades Arcade a number of restaurants have, with Council approval, extended their operations onto the Mall proper and provide music outside (usually taped) to suit their perceived ambience. It could be considered that because of the reduced space and because of the music provided busking should be limited in this area of the City Mall.
The use of spaces at that end of the Mall for such as the Buskers Festival should continue as these are special events which are well controlled as to times and quality of performance. Otherwise the area should be busker-free. The area to the east of the Shades Arcade, including the large circular paved area by the Guthrey Arcade, should be available for busking purposes but limitations on the period over which any performance could occur should be considered. While there has been a suggestion of a limit of 30 minutes put forward this could be overly restrictive for performances such as the "living statutes", for example, and may be for some other street performances. A time restriction would, however, avoid the situation where music is being played by one busker over a long period of time which can cause annoyance to persons in retail premises.
In the case of Worcester Boulevard, in the area from Montreal Street to Rolleston Avenue, the operation of single buskers singing and/or playing music only could occur on the roadway side of the Boulevard without causing obstruction (there is considerable street furniture along that area in any case) but performance type busking should be only permitted in the areas from east of the west wall by the Bing Dawe Sculpture to the Montreal Street corner and from the west of the entrance under the Arts Centre clock tower.
CONCLUSIONS
It is considered that the areas, Cathedral Square, parts of City Mall, and parts of Worcester Boulevard, should be formalised by the Council as specified public places under clause 14(3) of the Christchurch City Public Places and Signs Bylaw 1992 in which a licence as a busker is not required, subject to compliance with the conditions set down in the resolution.
Some slight modification of the conditions for busking should be undertaken, to apply whether a licence is required or not, to provide limits on the time of any performance and to provide clarification of the rights and responsibilities of buskers. Suggested new conditions are attached.
| Recommendation: |
1.That the Council resolve under the provisions of clause 14 of the Christchurch City Public Places and Signs Bylaw 1992 that the areas of Cathedral Square, parts of City Mall, and parts of Worcester Boulevard as indicated on the plans attached that no licence for the purposes of busking shall be required and such permission will be subject to compliance with the following conditions. |
| (a)A busker/entertainer shall not play
music, sing, or otherwise entertain at any site for a
period in excess of one hour; (b)A busker/entertainer may only solicit money by placing a receptacle on the ground, but shall not directly approach members of the public for money nor sell goods of any description; (c)A busker/entertainer shall not obstruct or hinder the passage of pedestrians or vehicles; (d)A busker/entertainer shall not create any nuisance or unreasonable noise; (e)A busker/entertainer shall not use amplified equipment unless specifically permitted by an authorised Council officer; (f)A busker/entertainer shall not continue to perform at any location if requested to move on by any authorised Council officer. |
|
| 2.That the Council adopt the following conditions to apply in cases where a buskers licence is issued. | |
| (a)A licence to perform as a busker or
entertainer must be obtained for any area, other than
those areas specified by resolution under clause 14 (3)
of the Christchurch City Public Places and Signs Bylaw
1992, but no licence fee shall be payable in designated
Special Use Areas. (b)A busker/entertainer shall not play music, sing, or otherwise entertain at any site for a period in excess of one hour; (c)A busker/entertainer may only solicit money by placing a receptacle on the ground, but shall not directly approach members of the public for money nor sell goods of any description; (d)A busker/entertainer shall not obstruct or hinder the passage of pedestrians or vehicles; (e)A busker/entertainer shall not create any nuisance or unreasonable noise; (f)A busker/entertainer shall not use amplified equipment unless specifically permitted by an authorised Council officer; (g)A busker/entertainer shall not continue to perform at any location if requested to move on by any authorised Council officer. |
3. NGAIO MARSH HOUSE RR 5414
| Officer responsible | Author |
| Environmental Policy and Planning Manager | Jenny May Assistant Planner, Heritage |
| Corporate Plan Output: 7.2.10 City Design and Heritage |
The purpose of this report is to discuss the repayment of the interest free loan by the Christchurch City Council to the Ngaio Marsh House Trust.
HISTORY
37 Valley Road, Cashmere, was the home of the late Dame Ngaio Marsh (1895-1982). Marsh, one of the leading figures in New Zealand literary and theatrical history, achieved international recognition as crime writer.
The dwelling was designed in 1906 by noted architect Samuel Hurst Seager, a cousin of Dame Ngaio's mother Rose Marsh. Seager has designed a number of notable buildings in Canterbury including the dwelling Daresbury, the former Municipal Chambers on the corner of Worcester Street and Oxford Terrace, and the Sign of the Kiwi. Despite additions to the house in subsequent years, it still retains the spirit of the craftsmanship employed in the design and architecture Seager was noted for.
The Dame Ngaio Marsh house is arguably of greater value for its social history than its architectural significance. Marsh's parents built the house and she lived there for the greater part of her life. The dwelling is therefore significant for two main reasons; architectural significance as an early example of Seager's Arts and Crafts inspired bungalow style, and its social history as the home of Dame Ngaio.
The dwelling has a Category 1 registration by the New Zealand Historic Places Trust and is listed in the Appendix L of the Heathcote District Scheme and in group 3 of the list of Protected Buildings, Places and Objects in the proposed City Plan.
COUNCIL ASSISTANCE TO DATE
To assist with the retention of the Ngaio Marsh House as a memorial and museum to Dame Ngaio, the Council, in 1992, agreed to loan $125,000 as an interest free second mortgage to the Ngaio Marsh Heritage Trust for a period of two years. The interest payments have come out of the Council's Heritage Retention Incentive Fund. The loan was to be repaid in full on 30 September 1994.
In 1994 a request to extend the mortgage for a further twelve months was made by the Ngaio Marsh Heritage Trust. The Council considered the issue on 24 August 1994 and an extension was granted to the Trust on the same terms with the repayment date being 30 September 1995.
On 22 September 1995 a further request was received for a further twelve month extension. This was granted as was a request for a third extension on repayment of the loan in 1996 by the Trust through the submission process on the Draft Annual Plan. This has resulted in the interest payment continuing to be covered by the Council's Heritage Retention Incentive Fund.
SUMMARY OF THE TRUST'S WORK TO DATE
On 4 October 1995 a Resource Consent was given for the dwelling and property to be used as museum and memorial to the late Dame Ngaio Marsh.
Since the museum opened in December 1996 visitor numbers have been steady and with charges of $6 and $8 for a tour of the house. Based on the six months of operation this should net $6,000 per annum income.
The flat to the rear of the house is being let resulting in an income of $4,500pa. The total income of $10,500 covers projected expenditure.
Capital is being reduced by fund raising which includes grants with respect to the loans. The Council loan has now been reduced by $33,000 to $92,000 and the Trust Bank loan repayments have only met interest to date. (It must be noted that it is virtually it is impossible to get grants to assist with mortgage repayments.)
To date the Trust has raised $175,000. The requirement to put in a new driveway, an unexpected expense, has cost the Trust $60,000. Had this not been required the Trust would have been in a position to repay the Council $93,000 of the $125,000 loan to date. I note in the Trust's accounts for the year ending 31 December 1995, that CCC fees incurred with respect to driveway and Resource Consent process totalled $3,707.
The Trust has undertaken considerable capital costs with respect to deferred maintenance - the house has been painted, drainage and plumbing maintenance attended to and general maintenance and preparation work for the opening to the public undertaken on the interior. The garden has also been brought into order and all this has been achieved through voluntary work by the Trust and members of the friends of the Dame Ngaio Marsh House. The ongoing garden and house maintenance continues through volunteer labour.
The Ngaio Marsh House is situated on a large area of land - 2633 square metres which could be subdivided. However this garden area is an integral part of the Dame Ngaio Marsh House experience and of Dame Ngaio's life at the property. Subdivision and sale of the land for housing is considered by the Trust to be "...a last ditch effort." The effect of this action I believe would be detrimental to the overall aesthetic of the house.
CONCLUSION
The Trust has met the obligations it stated it would meet when it first mooted the project. The house is open to the public and operating costs have been met. The Resource Consent process and unexpected cost of the driveway have been expenses not budgeted for and this has hampered repayment of the CCC loan as noted above.
With respect to the CCC loan, the interest incurred by this loan is being paid from the Council's Heritage Incentive Retention Fund. Repayment of the capital is a problem the Trust is unable to resolve in the foreseeable future. If this loan could be drastically reduced or absorbed by the Council the Trust is confident that it would be able to cope effectively with repayments of the Trust Bank first mortgage.
In return for the Council absorbing the loan, the Council would require some legal protection against the property title in the event that the Trust should cease to exist or other restructuring of the Trust's purpose. This can most probably be achieved through a form of memorandum of encumbrance on the property title, but this has yet to be confirmed with the Council's solicitors. This encumbrance would ensure that the Council's financial and heritage interests in the property were secured. The proposal has been discussed with the Ngaio Marsh House Chairman who stated he would recommend such an approach to his board.
Because the loan is due for repayment in September 1997 its seems timely to bring this issue before the Council at this point.
| Recommendation: | That subject to the Council obtaining either an agreement to grant a second mortgage and/or a registered second mortgage, the City Council absorb the loan through the Heritage Retention Incentives Grant scheme over a period of five years. |
4. NINE VARIATIONS TO THE PROPOSED CITY PLAN RR 5847
| Officer responsible | Author |
| Environmental Services Manager | Irene Clarke |
| Corporate Plan Output: City Plan |
The purpose of this report is to propose nine variations to the Christchurch City Proposed District Plan. These variations cover minor amendments, to correct inconsistencies and errors in the City Plan, and amend some rules which have been impractical to administer.
Variation Number 7 is an amendment to the special setback provision for the Living 1B zone. The amendment will ensure that the 6m setback requirement applies from the boundary within any other living zone (not just L1).
Variation Number 8 includes amendments to Part 8 Appendix 1 - Roads to be Stopped. The amendments are to correct inconsistencies between the list of roads to be stopped and the identification of roads to be stopped on the Planning Maps.
Variation Number 9 adds a definition of `work bay' to the definitions in Part 1 of Volume 3. This term is used in the Parking and Loading Standards in Part 13.
Variation Number 10 is an amendment to the application of the Filling and Excavation rules (Part 9.5). This amendment clarifies that the maximum volumes specified apply to the area being excavated or filled, which in many cases will not include the entire site. This was the original intention of this rule.
Variation Number 11 includes amendments to the rule concerning roadway widths in the Special Purpose (Road) zone. It has come to the attention of staff that some of the works which are regularly carried out by the City Streets Unit for traffic management purposes do not meet the standards specified in the City Plan for roadway widths. These works include traffic calming and pedestrian `blips' on local roads and intersection improvements on arterial roads. The amended rule will provide for traffic management works to be undertaken as a permitted activity if they meet specified standards. These standards will provide for a roadway to be narrowed for a length of 60m or less at intervals of 60m or more. These standards have been designed to provide for traffic management works where they will not result in significant adverse effects on road users.
The Committee should be aware that there are a number of pros and cons relating to this variation.
The reasons for the roadway width rule are set out in the City Plan. The roadway widths relate to the roading hierarchy. This sets out the function of roads, the level of construction expected on them, and provides certainty for those who live adjacent to such roads. If roadways are constructed to a `lower' level than indicated in the hierarchy, this can have adverse effects such as impacts on access, congestion, safety and ease of movement of residents. A resource consent process allows people to participate in decisions which could effect them. This includes a right of appeal against any Council decision to the Environment Court.
However, the City Streets Unit does undertake its own consultation process. Although there is no right of appeal in this process, the consultation is open, and comments from residents are accommodated where possible prior to finalising any traffic management works. The resource consent process does duplicate this process somewhat. In addition, a resource consent process can add significant time and cost to traffic management projects. This includes administration costs for both the City Streets Unit and the Environmental Services Unit.
This proposed variation will restrict permitted traffic management works to those which will not result in significant adverse effects on road users. These works will still be subject to the consultation process undertaken by the City Streets Unit, but will not be subject to the additional time and cost of obtaining a resource consent. Where proposed traffic management works breach the 60m limit, resource consent will still be required.
Variation Number 12 includes minor amendments to rules relating to the Open Space 3C zone (Agribusiness). The zone rules were largely developed as a result of Plan Change Number 26. However, by omission, some of the zone rules relating to parking and site coverage were not included in the City Plan. This variation inserts these omissions.
Variation Number 13 includes amendments to the rules for utilities in Part 9.4 of Volume 3. These amendments clarify that underground facilities such as lines and pipes are permitted activities. The relevant policies and reasons for rules in the City Plan indicate that the intention was clearly that these underground facilities be permitted activities.
Variation Number 14 includes amendments to the residential density and subdivision rules for the Living 1E zone. This zone is a low density residential zone within the rural area at Johns Road/Gardiners Road. The rules provide for limited further development in this zone by specifying a maximum number of additional dwellings and minimum number of additional allotments. This number of additional dwellings/allotments has already been exceeded and the increase in density has not been distributed equitably within the zone. This variation proposes to introduce a minimum site area of 1200m2 for the area east of the 50dBA Ldn noise contour line. For the area west of this line, it is proposed that dwellings will be permitted on existing lots, but no new lots will be permitted. The boundary of the zone is also to be amended so that it only includes land to be developed for residential use (ie the firewood sales yard and the extension to the Harewood Crematorium are to be excluded), and so that the zone boundary follows the cadastral boundary.
Variation Number 15 inserts a rule to Part 6, Open Space Zones, to clarify that land which is vested in the Council for reserve purposes (eg upon subdivision of land), is subject to open space zone rules rather than living zone rules.
Copies of the variations are attached.
| Recommendation: | That pursuant to Clause 5 of the First Schedule of the Resource Management Act 1991, the Council initiate proposed Variation Number 7, 8, 9, 10, 11, 12, 13, 14 and 15 to the Christchurch City Proposed District Plan. |
5. BANKS PENINSULA ANIMAL CONTROL CONTRACT RR 5907
| Officer responsible | Author |
| Environmental Services Manager | David Rolls |
| Corporate Plan Output: Animal Control |
The purpose of this report is to seek the Council's authority to enter into a contract with the Banks Peninsula District Council ("the District"). Under that contract, the Christchurch City Council ("the city") is to provide The District with the services of the city's dog control officers and stock rangers, and also to provide the district with the use of the city's dog pound facilities at Bromley.
Councillors may recall that on 24 July 1996 the Council authorised the Environmental Services Manager to enter into a contract with the District whereby the city was to provide the District with the services of its dog control officers and stock rangers in the Lyttelton Harbour basin and Port Levy areas. That contract also provided for the city to make available to the district the city's dog pound facilities at Metro Place as the dog pound facility for the District. The District was however, to continue to maintain and operate its own stock pounds.
The contract which was subsequently entered into was for a term of one year that expired on 30 June 1997.
The Animal Control Unit reports that during the term of the previous contract it was found that the additional workload thereby incurred by the Council was adequately met by existing staff and plant resources. The additional revenue generated by the contract more than adequately covered the additional expenses incurred by the Unit in carrying out the obligations pursuant to the contract.
The essential terms of the new contract include:
Section 16(2) of the Dog Control Act 1996 authorises two or more territorial authorities to enter into an agreement whereby the services of dog control officers employed by one of those authorities are made available to any other of those authorities. Section 67 of that Act authorises two or more territorial authorities to jointly provide pound facilities for the purposes of that Act. Section 247D of the Local Government Act 1974 provides general authorisation for one local authority to contract with another to perform any of the other's functions.
| Recommendation: |
1.That the Environmental Services Manager be authorised to enter into, on behalf of the Council, an agreement embodying the above mentioned terms and such other terms as he considers appropriate, whereunder the Christchurch City Council shall: |
| (a)Pursuant to section 16(2) of the Dog
Control Act 1996, make available to the Banks Peninsula
District Council the services of the Christchurch City
Council's dog control officers; and (b)Pursuant to section 67 of the Dog Control Act 1996, provide dog pound facilities on behalf of the Banks Peninsula District Council; and (c)Pursuant to section 247D of the Local Government Act 1974, provide staff to act as rangers for the purposes of the Impounding Act 1955 for the Banks Peninsula District Council. |
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| 2.That the Environmental Services Manager be authorised, on behalf of the Council, to renew such contract from time to time as he considered appropriate. |
PART B - REPORTS FOR INFORMATION
6. DEPUTATIONS BY APPOINTMENT - SKATEBOARDING - VICTORIA SQUARE
Lee Harris, Public Relations Manager, and Ruth Rutland, Security Manager of the Parkroyal Hotel, referred to the detailed submissions they had made to the Parks and Recreation Committee regarding the establishment of a skateboard facility at Washington Reserve.
Serious and wilful damage was being caused to the Victoria Square facilities and photos supporting this were displayed.
Statistics relating to the various incidents that had taken place in the area surrounding the Parkroyal Hotel were advised, including theft, car conversion and assaults. There was also the welfare of the young people congregating in the area in the early hours of the morning to consider.
They urged the Committee to make early progress with the Bylaw amendment.
7. PETITIONS - SUMNER SKATEBOARD BAN
The Hagley/Ferrymead Community Board at its meeting of 6 August 1997 received a petition from 39 businesses in Sumner asking the Council to ban skateboarders from the footpaths in the shopping centres.
The Community Board had resolved to refer the petition to the Environmental Committee for consideration.
The Committee decided that the petition from the Sumner shopping centre traders be received.
| 8. | SKATEBOARDING - AMENDMENT TO CHRISTCHURCH CITY PUBLIC PLACES AND SIGNS BYLAW 1992 | RR 5800 |
In addition to the amendment to the Bylaw the Committee decided:
| 9. | THE 1997 ANNUAL SURVEY OF RESIDENTS - ENVIRONMENTAL MATTERS | RR 5844 |
The Committee received a report from the Planner (Information and Monitoring) providing an overview of information related to planning, development and environmental issues obtained from the Annual Survey of Residents.
The Committee decided:
10. FREESTANDING SIGNBOARDS AND SIGNS ON FOOTPATHS RR 5801
The Committee received a report from the Principal Environmental Health Officer reviewing the Council's current policy on freestanding signs on streets as adopted in 1992, under the Christchurch City Public Places and Signs Bylaw 1992.
The Committee decided to adopt the attached draft of the policy on signboards on streets for consultation and input with Community Boards, industry focus groups and other interested parties, prior to further consideration by a joint Central City/Environmental Committees seminar.
| 11. | PARTIAL UPLIFTING OF WOOLSTON/BURWOOD EXPRESSWAY DESIGNATION ALONG THE EASTERN BOUNDARY OF TRAVIS WETLAND | RR 5730 |
A report by the Senior Planner, Conservation (Planning) confirmed that the Woolston/Burwood Expressway designation from Travis Road to Mairehau Road is no longer required as part of the Expressway, and that the greater part of the designation can be uplifted.
The Committee decided that the conclusions and recommendations contained in the officer's report for the City Services Committee, be dealt with through the City Plan hearings process.
12. ITEMS RECEIVED
The Committee received the following reports:
12.1 General Environmental, Planning and Development Issues RR 5772
The Environmental Policy and Planning Manager submitted his report on current issues being actioned covering:
12.2 Biosolids Application to Bromley Farm RR 5858
The Liquid Waste Manager submitted a report to inform the Committee about various issues related to biosolids application to the Bromley Farm and addressing concerns raised by Mr Bill Jarman regarding these issues.
13. ITEMS OF GENERAL BUSINESS
The Committee considered additional items covering:
Excavation of Soil on Private Land Along Riverbanks
A report on this was sought.
Environmental Centre
A Sub-Committee comprising Councillors Crighton, Evans and Stewart was appointed to examine this matter further and report back.
Air Pollution
A seminar is to be arranged to consider the Council's response to the Canterbury Regional Council's brochure titled "Take a Deep Breath" and related matters.
PART C - REPORT ON DELEGATED DECISIONS TAKEN BY THE COMMITTEE
14. SUPPLEMENTARY ITEM
The Chairman referred to the following supplementary report which had been circulated prior to the meeting:
It was resolved to receive and consider the reports and petition at the present meeting.
The meeting concluded at 5.53 pm
CONSIDERED THIS 27TH DAY OF AUGUST 1997
MAYOR
[1] Cashel Mall Retailers Association letter to Susan Selway, 11 June 1997