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24. 9. 97
ENVIRONMENTAL COMMITTEE
11 SEPTEMBER 1997
A meeting of the Environmental Committee was
held on
Thursday 11 September 1997 at 4.00 pm
| PRESENT: | Councillor Carole Evans (Chairman), Councillors Oscar Alpers, Anna Crighton, Newton Dodge, Pat Harrow, Charles Manning and Barbara Stewart. |
| APOLOGIES: | An apology was received and accepted
from Councillor Lesley Keast. Councillor Alpers arrived at 4.40 pm and was not present for clause 6 and part of clause 7. |
The Committee reports that:
PART A - MATTERS REQUIRING A COUNCIL DECISION
| 1. | TRANSIT NZ TRANSITIONAL DISTRICT PLAN DESIGNATION REVIEW | RR 5925 |
| Officer responsible | Author |
| Environmental Services Manager | Peter Eman |
| Corporate Plan Output: City Plan | |
The purpose of this report is to consider an application by Transit NZ for an extension of designations in the Transitional District Plan.
Transit NZ has requested extensions for the road designations it has in the Transitional District Plan. Transit has made this request because it is unclear whether designations that pre-date the Resource Management Act expire five years after that Act came into force. In case the designations do lapse Transit NZ has requested extensions under Section 184(1)(b). The effect of granting the extensions will be that Transit will be able to proceed, as of right, with any works that comply with its designations under both the Transitional Plan and the Proposed Plan. A resource consent would otherwise be required in terms of the Transitional Plan, until the Proposed Plan designations become operative.
The Council may grant an extension for a longer period than the five years stated in the Act, if it is satisfied that substantial progress or effort has been made towards giving effect to the designations and is continuing to be made. Transit NZ initially sought extensions for eight sections of roading designations in the Transitional Plan. However some of those designations have been reduced by Transit NZ in the Proposed Plan, or not included at all. As such Transit NZ was asked to reconsider its application. Extensions are now sought as follows:
Transit NZ indicates that as well as continuing the above designations in the Proposed Plan, progress is being made to implement the designations. Intersection improvements have been implemented, or received funding, or are to proceed to the detailed investigation stage, principally on the SH1 route between Belfast and Hornby. The four-laning of that route between Yaldhurst Road and Harewood Road is now imminent. Transit NZ has also been gradually acquiring the land required for the road works contained in the above designations as they proceed through the design process. The designations are also the subject of the Christchurch Transport Study Analysis. In particular, the Opawa Road and Southern Arterial designations are subject to joint studies between the Council and Transit. Further progress on some of the designations has been delayed until these and other urban growth studies are completed.
In general progress on the various designations has been patchy, but this in part reflects the funding constraints and the uncertainty of traffic growth that govern the activities of Transit NZ. In the circumstances it is recommended that the designations be granted an extension until the Proposed Plan designations become operative.
| Recommendation: | That pursuant to Section 184(1)(b) of
the Resource Management Act 1991, the Council grant an
extension of time for the following designations until
the Proposed Plan designations becomes operative:
|
| 2. | FENCING OF SWIMMING POOLS REVIEW | RR 6062 |
| Officer responsible | Author |
| Environmental Services Manager | J Buchan |
| Corporate Plan Output: Enforcement | |
The purpose of this report is to suggest amendment be made to the current policy on the definition of the limit of the 'Immediate Pool Area' when reviewing compliance with the Fencing of Swimming Pools Act 1987.
In a report to the November 1996 meeting the committee was advised of the recommendations by the Coroner at an inquest into the death of a child in a swimming pool.
In a further report to the February 1997 meeting of the Environmental Committee, the issues related to the Coroner's recommendation that the Christchurch City Council review its procedures concerning the following points were discussed.
1.1 Enforcement of the provisions of the Fencing of Swimming Pools Act in particular where the Council is aware of non compliance or where records are held in the Council's archives that a swimming pool has been erected on a given property but there is no evidence of compliance with the Act.
1.2 The policy of allowing a barbecue area to be contained within a fence area.
After considering the question of enforcement the Committee recommended that provision be made in the budget for a Swimming Pool Inspector to concentrate on the investigation of swimming pools.
The question of policy relating to barbecue areas was discussed and it was decided to review the issue further at a seminar meeting. This meeting was held on 29 July.
Statistics provided by the New Zealand Water Safety Council for the Christchurch area are as follows:
The Fencing of Swimming Pools Act requires that the pool and immediate pool area be fenced. The definition in the interpretation section of the Act is 'Immediate Pool Area' means the land in or on which the pool is situated and so much of the surrounding area as is used for activities or purposes carried on in conjunction with the use of the pool. The Council has a policy formulated in 1990 that the following four criteria which define the limit of the 'Immediate Pool Area' be used by staff when deciding whether the intent of the Fencing of Swimming Pools Act is being complied with:
Where the pool fence location does not meet the above criteria the owner be required to apply for an exemption to the requirements of the Act.
The guidelines for territorial authorities on the Fencing of Swimming Pools Act 1987 produced by the Department of Internal Affairs in 1990 and endorsed by the Accident Compensation Corporation, the Child Accident Prevention Foundation of New Zealand; The New Zealand Water Safety Council Inc; the Office of the Commissioner for Children and the Royal New Zealand Plunket Society Inc suggest that the 'Immediate Pool Area' could include pool decking or changing sheds but not vegetable patches, clotheslines, children's sandpits, slides or swings. Whether a barbecue area would be part of the immediate pool area would depend on whether it was normally used in conjunction with the pool.
The Building Act does not give a definition of 'Immediate Pool Area' so the definition in the Fencing of Swimming Pools Act provides the only criteria.
In reviewing a Consent application for a pool and/or a pool fence, we have sought to ensure that an area outside the immediate pool area is available on the site as a play area.
Some applications received request that the whole of the back yard area of the property be included in the immediate pool area and this has not been approved unless an alternative area that could be used as a play area is available.
In deciding if the barbecue area would normally be used in conjunction with the pool, it would be appropriate to restrict the barbecues in the area to mobile barbecues for all new applications reviewed. This would require a change to the wording in item 2 of the current policy.
Item 3 of the policy should also have the reference to flower gardens removed to clarify that landscaping of the pool area is acceptable.
| Recommendation: |
That the Council adopt the following
revised policy in respect of the fencing of swimming
pools:
|
| 3. | REVIEW OF RESIDENCY TIME REQUIREMENT - RESPONSIBLE DOG OWNER STATUS | RR 6076 |
| Officer responsible | Author |
| Environmental Policy & Planning Manager | Terence Moody |
| Corporate Plan Output: Environmental Health Policy Vol II P7.2.Text.12 | |
The purpose of this report is to review the requirement that persons have at least 12 months residency in the Christchurch City Council area for consideration as to entry into the Responsible Dog Owner Status classification.
Introduction
A recent approach to the Mayor from a person who has arrived from Wellington has raised the question again as to whether the Council should, in granting Responsible Dog Owner Status, not require that they shall have resided in Christchurch City before the status is granted. The Environmental Services Manager has requested that a report to the Committee should be prepared for the matter to be discussed.
The Council, in February 1997, reviewed the criteria for Responsible Dog Owner Status and considered the situation of persons arriving from other local authority areas who may have had a similar classification, but who would be required to wait for one year before the granting of the status in Christchurch City. The report at that time stated:
'The strength in requiring only dog owners with a proven record to be granted the status, as is able to be confirmed directly from the Council's records, means that in general most dog owners take it seriously rather than just a means of obtaining lower dog registration fees. There are some in the latter category who sometimes go to the extent of changing the ownership to other family members to avoid their being responsible in case an uncontrolled dog is apprehended or an offence is detected. Fortunately these are limited in number. There are also those dog owners who come in from other local authority areas who attempt to obtain the status where there is no local knowledge of the behaviour of the dog or dogs. It is impossible to obtain accurate information on this latter matter from other authorities in most cases.
Conclusion
As this process appears to have worked well, in general terms, and the majority of dog owners who are responsible accept the requirements there seems to be little need for change. Once explained, the requirement for the person to have owned a dog in Christchurch City for at least one year is accepted by the majority of dog owners coming into the City from other authorities. Some owners do, however, consider the additional fee for dog registration to be an imposition when they may have been granted a similar lower fee in other authorities. This may have been on the grounds set out above where the owner undertakes a course rather on the basis of the behaviour of the dog.'
The Council accepted the criteria proposed at that time and these were adopted as attached.
Discussion
In the particular case that has been raised the person has stated he was granted Selected Owner Status by Wellington City Council which has reduced dog registration fees for those so classified. The criteria for classification of such owners by the Wellington City Council are set our below.
To be classified as a selected owner the following must be met:
The owner must comply with Wellington Consolidated Bylaws as they relate to dogs
Either have:
Been a registered owner in Wellington for at least one year;
or if an owner has not been registered in Wellington for at least one year the owner shall be required to attend an approved Selected Owner Education and Obedience course.
The owner must have never:
1. Received a conviction under the Dog Control Act 1996.
2. Received an infringement notice in the last two years.
3. Had a dog impounded in the last two years.
Registration fees have been paid by due date for the last two years
The area of the property that the dog has free access to must be fully fenced and gated.
Any outside kennels must be weatherproof and hygienic
All dogs must be checked annually by a Veterinary Surgeon
All dogs must be neutered (spayed or castrated)
These are similar to the requirements of this Council but there are two major differences. The first is that all dogs must be neutered and the second is that, for those persons not having a year's residency in Wellington City, attendance at a special education and obedience course is required.
Conclusion
The 12 month's residency requirement does enable this Council to have a better idea of how good the dog owners are in regard to control of the dogs they may own. It could, however, be considered that persons moving to the City from other areas where similar criteria apply to such special categories may be considered for Responsible Dog Owner Status in this City prior to the 12 month's residence. If this is considered acceptable it should be only on the grounds that the criteria are in most respects similar to those applying in Christchurch City, and evidence being provided to that effect, and that they had been admitted to such a classification in the previous territorial authority for the previous dog registration year.
It should be noted that the applicant must provide the information as, under the Dog Control Act 1996, details of dog registration records are not now public records.
| Recommendation: | That the Council amend the Responsible Dog Owner Status criteria by adding to (g) the following:'If an owner has not been a recorded dog owner and resided in Christchurch City for at least one year but can produce written evidence that they have had a classification with criteria similar in most respects to those included here in another territorial authority they may be considered to have fulfilled this condition.' |
| 4. | COMMENT ON CANTERBURY REGIONAL COUNCIL DISCUSSION DOCUMENT 'TAKE A DEEP BREATH' | RR 6069 |
| 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 consider a Christchurch City Council response to the options for controlling particulate matter air pollution from domestic home heating in Christchurch as presented for discussion by the Canterbury Regional Council.
INTRODUCTION
The Canterbury Regional Council has a duty under the Resource Management Act 1991 to address the matter of air quality in its Region. The basis for this is contained in its Regional Policy Statement, in particular the Objective to Maintain or improve ambient air quality so that it is not a danger to people's health and safety, and reduce the nuisance effects of low ambient air quality.
From this Objective a number of policies have been adopted
Policy 1
Policy 2
Promote measures that reduce emissions from the use of carbon based fuels
(The purpose of Policy 2 is to ensure a reduction in the total quantity of emissions)
The methods to be used by the Regional Council to meet these policies include the preparation of the Natural Resources Regional Plan - Air Chapter.
Through some requests made by the Christchurch City Council, the Regional Council has commenced to prepare part of the Air Chapter dealing with the particular problem of the Christchurch City Council area related to the winter increase in levels of particulates above the standards adopted by the Canterbury Regional Council.
Their investigations have revealed, among other matters, that the major sources of the increased PM10 levels in the winter months are domestic heating using largely solid fuels such as coal and wood. It has been decided that the particular part of the Chapter dealing with the Christchurch area will be dealt with first, starting with a consultation document seeking comments on a number of options for controlling domestic sources of air pollution. This has been made available widely, following a postal delivery to all households in the Christchurch area of a pamphlet advising of its availability, at CCC Service Centres and Libraries, as well as directly from the Regional Council. Comments will be received on the options by the Regional Council until the end of September 1997. It is then proposed to prepare a Draft Air Plan which is proposed for release in December 1997 with submissions closing in March 1998. Following the hearing of the submissions a Notified Plan is proposed to be released in June 1998.
At this stage this Council must decide as to whether it wishes to provide a Council view on the Options being presented by the Regional Council in order that these may be considered in the preparation of the Draft Air Plan.
OPTIONS
The options presented by the Canterbury Regional Council were considered at a Councillor Seminar held on the 25 August 1997.
In examining the options the Councillors took into account all those included as having been considered and researched by the Regional Council as follows:
1. Do nothing
2. Ban coal for home use in 2000
3. Ban open fires in 2003
4. Total ban on domestic burning
5. Phase out burners 15 years or older
6. 'No burn' days
7. 'Smokeless fuels'
8. Educational Campaign
9. Ban coal, open fires, phase out older burners and educate
10. Reduced electricity prices
11. Financial incentives
RECOMMENDED OPTIONS
Concerns were expressed regarding the apparent conflicts on the effects on health evidence and it was felt that the Regional Council should ensure its information was accurate to answers the concerns raised.
The Seminar accepted the new 50 g/m3 standard which has been adopted by the Canterbury Regional Council as its air quality target on the basis that more recent research by the World Health Organisation and other national bodies in the United Kingdom and the United States of America had shown health effects occurring at such a level. This standard is significantly higher than the 120 g/m3 guideline that has been suggested by the Ministry for the Environment in the past.
The Seminar supported the new standards promulgated by the Regional Council of 1.5g/kg emissions for solid fuel burners from the year 2000.
The Seminar supported the combination of the following options to be recommended to the Council as its response to the Regional Council. It was suggested that the Environmental Committee endorse these to the Council for that purpose.
The matter of pollution from motor vehicles was raised, including concerns over reported problems with New Zealand diesel causing problems when used in Japanese imported vehicles as compared with Japanese produced diesel. It was considered the Regional Council should further address the matter of motor vehicle pollution in the City.
The problems that had been raised regarding reliance on electricity as the sole means of home heating needed to be answered, particularly in regard to what happens in the event of power cuts; what if people cannot afford the cost of power; and what was the legal position of inflicting on people a form of energy that they may not be able to afford or may not be available.
The Councillors saw the need for a longer period of phasing in of some controls, for example extending the ban on burning wood on open fires out from 2003 to 2005. Other means of controlling the problem such as the development of a filter for particulates should be investigated.
| Recommendation: | That the Council's comments on the Canterbury Regional Council's consultative document be clauses (a) to (e) as set out above. |
| 5. | URBAN DEVELOPMENT STRATEGY JOINT STANDING COMMITTEE - AMENDED CONSTITUTION | RR 6097 |
| Officer responsible | Author |
| Environmental Policy & Planning Manager | Warren Brixton |
| Corporate Plan Output: p 7.2.9 Environmental Policy & Planning - Policy Advice | |
The Joint Standing Committee met on 18 August 1997 to consider its approach to the preparation of a long term urban strategy and immediate work programme.
It also considered an amended Constitution, to reflect the change in local authority membership representation, approving the document subject to the provision of:
(i) Schedule A, Clause 9 be altered by the inclusion of the word 'rate'.
(ii) Clause 6 be amended by the addition of:
(b) The Committee shall appoint the deputy chairperson who shall be a representative of the Canterbury Regional Council.
(iii) The inclusion of a study area map as an attachment to the Constitution.
These amendments were reported to the September Council meeting and have now been incorporated in the revised Constitution document attached.
| Recommendation: | That the Council approve the amended Constitution of the Urban Development Strategy Joint Standing Committee incorporating the above amendments, as attached. |
PART B - REPORTS FOR INFORMATION
| 6. | DEPUTATIONS BY APPOINTMENT |
NORTH NEW BRIGHTON SCHOOL - SMOG
Six pupils from the North New Brighton School addressed the Committee on the Christchurch smog problem, on which they had undertaken a project.
The smog problem was of considerable concern to Christchurch residents and they offered various solutions to assist in reducing the problem including:
INNER CITY EAST HOUSING COALITION
Jenny Smith and Irinka Brinell, representatives of the Inner City East Housing Coalition advised that their presence before the Committee was as a result of a public forum held in mid-August on the impact of property development on the Inner City East community.
As a result of the Forum, members of the Coalition wished to express their concern at the changes which were occurring to the Inner City East community as a result of ongoing property development. They stated that:
This new form of colonisation was having serious social consequences.
The slowness of the City Plan process, the inability to influence the methodology that the Council was following and the unwillingness of the Council to intervene in stopping development was the cause of anger, dismay and mounting frustration.
The Committee decided to establish a Working Party to explore the vision of the Inner City East area and to enter into dialogue with area residents, comprising the Chairman of the Environmental and Community Services Committees, Councillors Anna Crighton, Pat Harrow and Barbara Stewart.
| 7. | SUMNER CELL SITE RESOURCE CONSENT APPLICATION - GROUNDS FOR JUDICIAL REVIEW | RR 5968 |
The Committee received a report from the Legal Services Manager advising that legal advice had been obtained in respect of the existence or otherwise of grounds upon which the Council could make an application for judicial review to the High Court.
The advice obtained from Mr A Hearn QC and the Council's own Legal Services staff was that there were no grounds for seeking a judicial review of the Council's decision.
The Committee decided not to seek a judicial review of the Sumner Cell Site Resource Consent Application process.
| 8. | URBAN DESIGN AND THE NEED FOR ADDITIONAL RESOURCES | RR 6073 |
A report from the Environmental Policy and Policy Manager highlighted the growing importance of urban design in the achievement of planning objectives for the city and the need for additional resources to be developed in this area.
The Committee decided to receive the report and consider it at the September Seminar meeting of the Committee.
| 9. | CORPORATE PLAN MONITORING REPORTS - PERIOD ENDING 30 JUNE 1997 | RR 6113 |
The 12 month Review Reports of the Environmental Services and Environmental Policy and Planning Units were presented for the Committee's consideration.
The Committee decided to receive the two monitoring reports and refer them to the September Seminar Meeting of the Committee for consideration.
| 10. | THE CCC PLAN : 1998 EDITION | RR 6064 |
The report from the Financial Planning Manager sought elected member input into the 1998 planning process and to outline the 1998 Planning timetable.
The Committee decided that the report be received and referred to the September Seminar Meeting for consideration.
| 11. | ITEMS RECEIVED |
The Committee received the following report:
| 11.1 | Review of Consent Process | RR 6061 |
The Executive Summary of Audit New Zealand's report on the results of the national survey on Building Control and Inspection.
| 12. | ITEMS OF GENERAL BUSINESS |
The Committee considered additional items covering:
12.1 CHARACTER BUILDINGS
A report was sought on the compilation of a register of Christchurch buildings which were not included in the Heritage Building Schedules, but could be categorised as character buildings.
12.2 CITY ARCHIVIST
The appointment of a City Archivist, given the size of Christchurch, was suggested.
12.3 CITY PLAN
Reference was made to Professor Newman's recent visit to Christchurch and his suggestion that the City Plan could be contained in one page.
12.4 RESOURCE MANAGEMENT ACT
The administration of the Resource Management Act was raised as a topic for the future Committee Seminar.
PART C - REPORT ON DELEGATED DECISIONS TAKEN BY THE COMMITTEE
| 13. | RESOLUTION TO EXCLUDE THE PUBLIC |
The Committee resolved that the draft resolution to exclude the public set out on page 24 of the agenda be adopted.
CONSIDERED THIS 24TH DAY OF SEPTEMBER 1997
MAYOR