Regulatory Committee

MEETING AGENDA

REGULATORY COMMITTEE

Thursday 31 March 2016 at 4.30pm

Council Chamber

Chairperson: Cr Shaun Biesiek Members: Cr Roy Weaver (Deputy) Cr Gordon Brown Cr Grant Coward Cr Heather Dodunski Cr Richard Handley Cr Richard Jordan Cr Marie Pearce Mayor Andrew Judd

REGULATORY COMMITTEE THURSDAY 31 MARCH 2016

REGULATORY COMMITTEE Purpose: a) Ensure effective and efficient exercise of statutory regulatory functions, implementation of the district Plan and enforcement of the Council’s bylaws. b) To oversee, coordinate and direct the development and, where appropriate, the review of the district plan.

Addressing the committee Members of the public have an opportunity to address the committee during the public forum section or as a deputation.

A public forum section of up to 30 minutes precedes all committee meetings. Each speaker during the public forum section of a meeting may speak for up to 10 minutes. In the case of a group a maximum of 20 minutes will be allowed.

A request to make a deputation should be made to the secretariat within two working days before the meeting. The chairperson will decide whether your deputation is accepted. The chairperson may approve a shorter notice period. No more than four members of a deputation may address a meeting. A limit of 10 minutes is placed on a speaker making a presentation. In the case of a group a maximum of 20 minutes will be allowed.

Purpose of Local Government The reports contained in this agenda address the requirements of the Local Government Act 2002 in relation to decision making. Unless otherwise stated, the recommended option outlined in each report meets the purpose of local government and:

• Will help meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses;

• Would not alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the Council, or transfer the ownership or control of a strategic asset to or from the Council.

Regulatory Committee Thursday 31 March 2016 REGULATORY COMMITTEE THURSDAY 31 MARCH 2016

APOLOGIES None Advised

CONFLICTS OF INTEREST None Advised

PUBLIC FORUM None advised

DEPUTATIONS None advised

COMMITTEE MINUTES RECOMMENDATION That the minutes of the Regulatory Committee (18 February 2016), and the proceedings of the said meeting, as previously circulated, be taken as read and confirmed as a true and correct record.

A ITEMS FOR DECISION BY COMMITTEE

A1 DISTRICT PLAN REVIEW UPDATE REPORT The purpose of this report is to provide an update on progress with the District Plan Review. The current focus of the review is on the preparation of a Draft District Plan for informal comments. Regular update reports will be provided to the Regulatory Committee on the District Plan Review to report on key phases. The last update report was provided to the October 2015 Regulatory Committee (ECM6650806). This report also discusses the Resource Management Reform Bill and comments to inform a submission on the Bill.

A2 TEMPORARY ROAD CLOSURE – NEW PLYMOUTH AND INGLEWOOD ANZAC DAY COMMEMORATIONS The matter for consideration by New Plymouth District Council is to recommend the temporary closure of roads in New Plymouth and Inglewood to enable Returned Services Associations (RSA) to hold Anzac Day commemorations.

Regulatory Committee Thursday 31 March 2016 REGULATORY COMMITTEE THURSDAY 31 MARCH 2016

A3 TEMPORARY ROAD CLOSURE – SUPER RUGBY CHIEFS VS SHARKS The matter for consideration by New Plymouth District Council is to recommend the temporary closure of Maratahu Street and other temporary traffic controls on 29 April 2016. This is to enable New Plymouth District Council Venues to safely manage traffic and pedestrians during the Chiefs v Sharks Super Rugby match at Yarrow Stadium.

A4 TEMPORARY ROAD CLOSURE – NATIONAL RUGBY LEAGUE MATCH The matter for consideration by New Plymouth District Council is to recommend the temporary closure of roads and other temporary traffic controls to enable New Plymouth District Council Venues to safely manage traffic and pedestrians during the New Zealand Warriors v Canberra Raiders National Rugby League match at Yarrow Stadium.

A5 PARKING PROHIBITIONS The matter for consideration by the Council is the creation and revocation of traffic controls, parking prohibitions, restrictions and bus stops at various locations within New Plymouth.

A6 EXEMPTIONS FROM FENCING OF SWIMMING POOLS AND SPAS The purpose of this report is to seek approval to grant special exemptions for a number of applications from the requirement for spa pools to be fenced pursuant to section 6 of the Fencing of Swimming Pools Act and a swimming pool with door alarms.

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DISTRICT PLAN REVIEW UPDATE REPORT PREPARED BY: Juliet Johnson (District Planning Lead) TEAM: District Planning APPROVED BY: Liam Hodgetts (Group Manager Strategy) WARD/COMMUNITY: District wide DATE: 23 February 2016 FILE REFERENCE: ECM 7043992

PURPOSE The purpose of this report is to provide an update on progress with the District Plan Review. The current focus of the review is on the preparation of a Draft District Plan for informal comments. Regular update reports will be provided to the Regulatory Committee on the District Plan Review to report on key phases. The last update report was provided to the October 2015 Regulatory Committee (ECM6650806). This report also discusses the Resource Management Reform Bill and comments to inform a submission on the Bill.

RECOMMENDATION That, having considered all matters raised in the report, the report be noted.

COMMUNITY BOARD RECOMMENDATIONS The Kaitake, Inglewood, Clifton and Waitara Community Boards endorsed the officer’s recommendation.

SIGNIFICANCE AND ENGAGEMENT This report is provided for information purposes only, and has been assessed as being of some importance. Informal comments will be sought on a Draft District Plan prior to formal public notification under the Resource Management Act 1991 in 2017.

DISCUSSION

Overview The District Plan Review was commenced in May 2014 following the resolution of the Regulatory Committee. The project is divided into four project phases as follows.

Phase 1: Review preparation (June 2014 to December 2014): Review preparation has been undertaken, including consideration of monitoring gaps and areas for focus.

Phase 2: Strategic Alignment (June 2014 to July 2015): To ensure a broader context to the District Plan the New Plymouth District Blueprint and key directions have been developed and adopted by Council.

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Phase 3: Draft Plan Preparation (August 2015 to August 2016): Draft plan provisions are being developed for consideration by the community as a draft District Plan. This will allow for issues to be openly discussed and potentially resolved before the release of the full Proposed District Plan.

Phase 4: Proposed Plan (mid 2017): The Proposed District Plan will be publicly notified in accordance with Resource Management Act 1991 (RMA) requirements and will involve submissions, hearings, decisions and the opportunity for submitters to appeal to the Environment Court.

Phases 1 and 2 are complete. The New Plymouth District Blueprint and key directions have been adopted by Council as part of the Long Term Plan. Focus is now on the integration of the Blueprint into Councils policy and planning processes and everyday operations. The Blueprint provides significant direction for the District Plan Review and has influenced the key proposals for change identified below.

The focus for the District Plan Review is now on Phase 3: Draft Plan Preparation.

Phase 3: Draft Plan Preparation A new framework for the new District Plan is being developed in response to user feedback on the deficiencies of the current District Plan, and to better align the plan with industry best practise. The new District Plan will enable development to occur while putting the right controls in place to ensure planned and efficient outcomes.

The current District Plan is effects based and does not direct activities. This has resulted in a number of ‘out of zone’ activities establishing, reducing the efficient use of land. Examples of out of zone activities are included in Attachment 1.

The new plan will be clearer on what the key outcomes are that it seeks to achieve providing a more certain regulatory framework. The objective is to deliver a new district plan that provides clear regulatory signals for business and industry to provide investment certainty, while protecting key values that are important to the community.

Areas where change is likely are being further investigated and developed into proposals for consideration by key stakeholders. The four areas of change as reported in October are Central City and Key Centres; Residential Growth; Industry and Coastal Management.

Central City and Key Centres The Central City is a key direction of the Blueprint. There is the opportunity for the District Plan to direct and better facilitate desired activities (including residential living and commercial activities) into the central city. Examples of residential living in the central city and centres are outlined in Attachment 2. Likewise key suburban centres and townships will benefit from a more deliberate planning framework. The primary outcome is for the central city and centres to be the primary hub for activities and living.

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Progress highlights: − Data is being gathered on commercial activities and retail market trends (demand and supply) to assess the functioning of key centres to assist with determining the appropriate regulatory response. − Character assessments will be undertaken for key centres where a more focused planning response is required. The local centres of (Moturoa, Westown, Fitzroy and Bell Block) and the townships (Inglewood, Waitara and Oakura) will be assessed to identify areas of opportunity and constraint. This information will be used to assist with determining appropriate business and residential zoning provisions around these centres. − Options for potential zoning outlines and provisions for the central city are being considered and will be discussed with key stakeholders.

Residential Growth Providing for a cohesive growth strategy is a key direction of the Blueprint and the District Plan has a role in ensuring that growth areas are located in appropriate locations with supporting infrastructure to meet sustainability objectives and to strengthen local communities. There is significant opportunity to provide for a range of housing choices around small towns, key centres and settlements.

The Framework for Growth was adopted by the Council in 2008 identifying areas of fringe urban land for urban expansion. Against the strategic context of the Blueprint these areas are now being further assessed. The primary outcome for growth is to direct a cohesive growth strategy that strengthens the city and townships.

Progress highlights: − Growth areas are being assessed against principles that prioritises growth in areas that will: . Increase social cohesion; . Improve community health; . Do less environmental harm; . Recognise the relationship of Maori with their ancestral lands and waters; . Support the role of the central city; and . Have manageable infrastructure investment. − Using the principles above potential areas for residential growth on the southern boundary of New Plymouth City have been identified and further analysis of suitability for rezoning is being undertaken. − Scoping work has been initiated to determine a strategy and timing for zoning of parts of Smart Road as New Plymouths long term future growth area. − Following feedback from the Oakura Focus group further work will be undertaken on appropriate growth zoning requirements for the small towns. − Work is occurring to determine the need for lifestyle areas and the effectiveness of the rural subdivision rules.

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Industry The need to strengthen and manage the rural economy, industry at the port and the airport is a key direction of the Blueprint. There is a need to ensure there is sufficient employment land supply for the District and that appropriate land-uses are establishing in industrial areas, located around existing industry, the Port and the Airport. There is also a need to ensure that the effects of large scale rural industry are managed and protected from encroaching, non- compatible uses. Progress highlights − Draft provisions with activity based triggers and reverse sensitivity controls for large scale industry are being developed. − The available supply of land for both heavy and light industry use is being reviewed to determine supply and demand constraints and opportunities.

Coastal Management A strategic approach is required to coastal management to ensure activities do not impact the natural values of the coast and that developments in low lying areas are managed in accordance with climate variability.

Progress highlights: − Technical assessment is being undertaken to identify potential low lying areas that require a more specific regulatory response. − A review of the existing Coastal Policy Area and important landscape areas is being undertaken to determine an appropriate regulatory response.

Next Steps The work programme will progress with a focus the four work areas listed above. Targeted consultation with iwi representatives as a part of a Nga Kaitiaki forum, as well as business and community stakeholder groups are informing issues to be considered through the review. Further options assessment and analysis will be undertaken as part of the review programme.

A Draft District Plan is scheduled for release later in 2016 for wider stakeholder and community consideration. The draft plan stage will allow for detailed consideration of proposed changes before being progressed through the statutory process.

A proposed District Plan will be notified in accordance with the RMA later in 2017. The release of the Proposed District Plan will be publicly notified in accordance with RMA requirements and will involve submissions, hearings, decisions and the opportunity for the submitter to appeal to the Environment Court. This is the formal statutory consultation phase, with an estimate release date of early 2017.

Resource Legislation Amendment Bill The Bill was introduced into parliament on 26 November 2015. Submissions close 14 March 2016. A number of proposals are included in the Bill as summarised in Attachment 3. The following key issues and a potential submission response are discussed as follows.

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− The development of ‘template plans’ to drive consistency between plans and therefore a more simplified and consistent planning framework is proposed. The Bill includes timeframes on the development and implementation of template plans of up to seven years following the enactment of the Bill. A consistent framework will be more effective and efficient in the long term for local communities. However there are concerns about the timeframes involved and also about the scope of the template plans. It is essential that there is sufficient flexibility in the Template Plans to enable a local response to planning issues. Staff are working closely with staff at the Ministry for the Environment to maximise the opportunity for the framework of the new Plan to be consistent with any future Template Plan. − Alternative plan making processes are proposed in the Bill to make plan making more effective and responsive to key issues. The Streamlined Planning Process would allow for Councils to request a different plan making process for particular local issues, removing the need for local process. The Collaborative Planning process encourages front end engagement to resolve key issues and therefore reducing third party appeal rights. This process only appears to be advantageous for particular focused issues where stakeholders are easily identified. Many District Plan issues are wider ranging and for this reason Collaborative Planning Process may not be as applicable to district plan reviews. Early engagement with iwi is also proposed in the reforms when developing plans. Although important the Bill does not deal with the fundamental issue around iwi capacity to actively engage in resource management. − Proposals suggest a number of mechanisms to streamline the consent process and make it more efficient for customers. These include providing for streamlined consenting for small scale activities, and the potential to wavier small non-compliances with minor effects. These are likely to result in administrative efficiencies although it is noted that there are likely to be short term costs when changing systems to respond to the changes. − Changes are proposed to ensure that councils have sufficient development capacity to meet long term housing demands. The reform also proposes to reverse the presumption for subdivision by allowing it to be permitted unless otherwise stated in a district plan. This ensures that councils are providing adequate supply of urban land for development. − It is proposed that financial contributions are removed from district plans in their entirety, leaving Councils to rely on development contributions. The Council currently using both forms of contributions for different purposes to cover the costs of development. It is preferable to retain financial contributions to ensure the costs are captured at the time of development.

These high level points will be provided to local government agencies and professional institutes and form the basis of a council submission. Some of the proposals in the Bill impact on the District Plan Review. These can be worked into the review as time progresses and there will be an opportunity to assess implications again at various stages of. There is likely to be a ‘pause point’ in late 2016/early 2017 following Bill enactment prior to the notification of the Proposed District Plan to ensure consistency.

FINANCIAL AND RESOURCING IMPLICATIONS The District Plan Review will be undertaken within existing budgets.

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IMPLICATIONS ASSESSMENT This report confirms that the matter concerned has no particular implications and has been dealt with in accordance with the Local Government Act 2002. Specifically: • Council staff have delegated authority for any decisions made; • Council staff have identified and assessed all reasonably practicable options for addressing the matter and considered the views and preferences of any interested or affected persons (including Māori), in proportion to the significance of the matter; • Any decisions made will help meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses; • Unless stated above, any decisions made can be addressed through current funding under the Long-Term Plan and Annual Plan; • Any decisions made are consistent with the Council's plans and policies; and • No decisions have been made that would alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the Council, or would transfer the ownership or control of a strategic asset to or from the Council.

Attachment 1: Out of zone activities - examples Attachment 2: Residential living in the central city and key centres - examples Attachment 3: The Second Phase of RMA reform (Ministry for the Environment - November 2015) http://www.mfe.govt.nz/publications/rma/second-phase-resource-management-act-reform

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Attachment 1: Out of zone activities: Examples

Non-residential uses in areas zoned for residential use.

Residential dwellings establishing on Industrial C zoned land, on the edge of open space zoning.

Such development should be encouraged to locate in our central area and key centres.

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Childcare centre establishing in areas zoned for Industrial use.

Retail activities establishing on industrial zoned land – The Valley.

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Attachment 2: Residential Living in the Central City - Examples

New apartments being constructed beside the Central carpark (connecting from Powderham Street to Devon Street West)

Precinct apartments Devon Street West:

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Attachment 3: The Second Phase of RMA reform (Ministry for the Environment - November 2015)

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TEMPORARY ROAD CLOSURE – NEW PLYMOUTH AND INGLEWOOD ANZAC DAY COMMEMORATIONS PREPARED BY: KATE KEEGAN (BUSINESS ADMINISTRATOR) TEAM: DISTRICT SERVICES APPROVED BY: KATRINA BRUNTON (CUSTOMER AND REGULATORY SOLUTIONS MANAGER) WARD/COMMUNITY: NEW PLYMOUTH CITY, INGLEWOOD DATE: 11 MARCH 2016 FILE REFERENCE: ECM 7058951

MATTER The matter for consideration by New Plymouth District Council is to recommend the temporary closure of roads in New Plymouth and Inglewood to enable Returned Services Associations (RSA) to hold Anzac Day commemorations.

RECOMMENDATION FOR CONSIDERATION That having considered all matters raised in the report the road closures for the following events be approved: a) New Plymouth Anzac Day commemorations.

Roads to be closed: • Queen Street from Devon Street West to St Aubyn Street (SH 44). • King Street from Dawson to Egmont streets. • Young Street from Dawson to Queen streets. • St Aubyn Street from Dawson to Egmont streets.

Date and period of closure: from 5.30am to 11.30am on Monday 25 April 2016.

Please note: St Aubyn Street will have through access between the dawn and civic ceremonies. b) Inglewood Anzac Day commemorations.

Roads to be closed: • Rata Street from Cutfield Street to Rimu Street (SH 3a). • Matai Street (SH 3) from Rata Street to Kelly Street.

Date and period of closure: from 5.30am to 7.30am on Monday 25 April 2016.

The above road closures are subject to the conditions outlined in letters sent to the New Plymouth and Districts RSA on 15 February and Inglewood and Districts RSA on 22 February.

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COMPLIANCE Significance This matter has been assessed as having some importance.

This report identifies and assesses the following reasonably practicable options for addressing the matter:

1. Approval of this road closure application to allow effective and safe traffic management during the New Plymouth and Options Inglewood Anzac Day commemorations.

2. To not approve this road closure application which would mean effective and safe traffic management could not take place during the New Plymouth and Inglewood Anzac Day commemorations.

The persons who are affected by or interested in this matter are Affected persons residents and businesses in the closed area, heavy traffic to Port Taranaki and those attending the Anzac Day services. Recommendation This report recommends option one for addressing the matter. Long-Term Plan / Annual Plan No. Implications Significant Policy and Plan No. Inconsistencies

EXECUTIVE SUMMARY This report recommends the temporary road closure of roads in New Plymouth and Inglewood to allow Returned Services Associations to hold Anzac Day commemorations.

BACKGROUND In accordance with the 10th Schedule of the Local Government Act 1974, the intention to close the roads was advertised in the Taranaki Daily News on Wednesday 17 February. On Wednesday 24 February an amendment to the Inglewood road closure was advertised in the Taranaki Daily News. The public notices for both road closures were uploaded to the Council website and Facebook pages the same week they appeared in the Taranaki Daily News. Submissions closed on 2 March and no submissions were received.

The initial Inglewood road closure area was proposed with a heavy traffic detour to remove noise from the cenotaph area during the dawn service. Following further consultation

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3 ITEM FOR DECISION ITEM A2 between Council Officers and the Inglewood and Districts RSA it was agreed that this would not be required and the public notice was amended for the Inglewood road closure.

SIGNIFICANCE AND ENGAGEMENT In accordance with the Council's Significance Policy, this matter has been assessed as having some importance because it does not have a large impact on the public however it ensures the safety of those attending the Anzac commemorations. The RSA in each town has notified all affected residents and businesses in the closed areas. In New Plymouth, St Aubyn Street will be open between the dawn and civic ceremonies to minimise the disruption to heavy traffic to Port Taranaki. A detour will be in place for heavy traffic during the ceremonies.

FINANCIAL IMPLICATIONS

Traffic management and advertising costs associated directly to this road closure are covered by a New Plymouth District Council Transportation budget allocated to help non-profit organisations safely manage street events. No road closure application fees were charged.

OPTIONS

Option 1 Approval of the road closure application to allow effective and safe traffic management during the New Plymouth and Inglewood Anzac Day commemorations.

Option 2 To not approve the road closure application, which would mean the New Plymouth and Inglewood Anzac Day commemorations could not safely take place.

Recommended Option This report recommends option one for addressing the matter.

APPENDICES

1. Letter to New Plymouth and Districts RSA outlining conditions of the temporary road closure. ECM 7035196.

2. Letter to Inglewood and Districts RSA outlining conditions of the temporary road closure. ECM 7035502.

3. Map of the affected area New Plymouth Anzac Parade. ECM 7035817.

4. Map of the affected area Inglewood Anzac Parade. ECM 7035812. Regulatory Committee Thursday 31 March 2016

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When replying please quote Application Number - RTC16/00195

15 February 2016

New Plymouth and Districts Returned Services Associations PO Box 3057 Fitzroy NEW PLYMOUTH 4341

Attention: Lillian Hall

Dear Lillian,

ROAD CLOSURE UNDER THE LOCAL GOVERNMENT ACT 1974 – ANZAC DAY NEW PLYMOUTH 2016

We acknowledge your application requesting the closure of roads in New Plymouth to enable the New Plymouth RSA to stage the above event.

Date and period of closure: from 5.30am to 11.30am on Monday 25 April 2016.

Roads to be closed: • Queen Street from Devon Street West to St Aubyn Street (SH 44) • King Street from Dawson to Egmont streets. • Young Street from Dawson to Queen streets. • St Aubyn Street from Dawson to Egmont streets.

St Aubyn Street will have through access between the dawn and civic ceremonies.

Please Note: These roads could be opened earlier. Council will consider this application on 31 March in accordance with Schedule 10 of the Local Government Act 1974.

The Council must give public notice of the proposed closure in accordance with the Act and then consider any objections or submissions received in that respect.

The Council requires your organisation to:

a) Pay the cost of the public notice. New Plymouth District Council will cover this cost.

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sufficient time for an affected party to make a submission). A copy of your visitation list and/or letter to affected parties is required by the Council immediately after that date.

c) Provide a traffic management plan (TMP) compiled by an authorised Site Traffic Management Supervisor to the Council before 2 March 2016 setting out signage, barrier details, crowd control procedures and access arrangements. New Plymouth District Council will arrange for and cover the cost associated to the TMP.

ROAD CLOSURE CONDITONS

If the Council gives its consent to the closure and the event, you must comply with the following conditions:

1. You must give formal notice of the event to the Police and the New Zealand Fire and Ambulance Services.

2. You must ensure that the approved TMP is strictly adhered to throughout the event.

3. You must provide at your cost sufficient marshals to control and direct vehicles and pedestrians at all points where the closed road intersects with any open road and elsewhere as necessary. All marshals shall wear traffic safety vests or other high visibility clothing whilst on or adjacent to the roadway.

4. You must make adequate provisions to give emergency vehicles, property owners and occupiers within the area and their invitees, customers or employees reasonable access to and from properties on the closed road. For through roads make adequate provisions for reasonable access through the closed section. Details must be included in the TMP required under condition 2.

5. Upon completion of the event, and no later than the time specified for the end of the closure, you must remove all signs and barricades restricting access, and clear all litter and debris from the road to the satisfaction of the Council.

6. You are required to advise the Council of any damage to the road surface, shoulders, drainage channels, verges, signs or other Council property whatsoever resulting from the event and pay all costs incurred by the Council in making good any such damage, whether reported or not.

7. You must notify the Police, New Zealand Fire and Ambulance Services and the Council in the event that the road closure is no longer needed.

8. Where a late cancellation of the event takes place (i.e. after road closure signs, barriers etc have been placed at the venue), you will ensure that the full TMP shall remain in place for the approved road closure time period; or until such time as the Site Traffic Management Supervisor can liaise with the Police to ensure that there would be no risk to vehicular or pedestrian traffic if the event was cancelled and the TMP conditions removed.

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9. You are responsible for taking out public liability insurance to indemnify the Council against any claims or actions that may arise from the staging of the event to a minimum of $1 million in respect of any one claim or accident. A copy of the policy or a cover note must be provided to the Council no less than 28 days prior to the meeting of the Council that will make the decision.

10. You must comply with, and ensure that all participants comply with, all relevant laws and regulations not waived by the temporary road closure under Section 342 and Schedule10 of the Local Government Act 1974.

11. You are responsible for meeting all costs associated with the temporary closure of the road(s) including the costs to contract a person/company qualified to prepare the TMP and undertake traffic management for the activity and to hire signs or other traffic controls devices. You will also be required to meet the reasonable cost of any Council staff required in relation to the event.

The Local Government Act 1974 requires the Council to give public notice of any intended road closure. We will place an appropriate public notice for the event in the Taranaki Daily News on Wednesday 17 February. The public notice will also be uploaded to the Council website and Facebook pages.

We will contact you after the Council meeting on 31 March and advise you of the Council’s decision. If you require any further information please do not hesitate to call.

http://www.newplymouthnz.com/CouncilDocuments/Policies/TemporaryRoadClosureandDis ruptiontoTrafficPolicyandGuidelines.htm

Yours faithfully

Katrina Brunton CUSTOMER AND REGULATORY SOLUTIONS MANAGER

cc: Roading Approvals Emergency Services Transportation, New Plymouth District Council

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When replying please quote Application Number - RTC16/00196

22 February 2016

Inglewood and Districts Returned Services Association PO Box 14 INGLEWOOD 4347

Attention: Richard Jordan

Dear Richard,

ROAD CLOSURE UNDER THE LOCAL GOVERNMENT ACT 1974 – Anzac Day Inglewood 2016

We acknowledge your application requesting the closure of roads in Inglewood to enable the Inglewood and Districts Returned Services Association to stage the above event.

Date and period of closure: from 5.30am to 7.30am on Monday 25 April 2016.

Roads to be closed: • Rata Street (SH 3 and SH 3a) from Cutfield Street to Standish Street. • Matai Street (SH 3) from Rata to Kelly streets. • Moa Street from Brookes Street to Rata Street (SH 3a). • Rimu Street (SH 3a) from Rata St to Humphries St.

Please Note: These roads could be opened earlier.

Council will consider this application on 31 March 2016 in accordance with Schedule 10 of the Local Government Act 1974.

The Council must give public notice of the proposed closure in accordance with the Act and then consider any objections or submissions received in that respect.

The Council requires your organisation to:

a) Pay the cost of the public notice. New Plymouth District Council will cover this cost.

b) Make personal contact with all residential and commercial property occupiers affected by the proposed closure, to inform them of the event. Where personal contact cannot be made, a letter outlining the proposed closure and the right to make a submission must be given to the affected party instead. This contact should be completed at least seven days before closure of the submissions on 2 March (and in any event allowing sufficient time for an affected party to make a submission). A copy of your visitation list and/or letter to affected parties is required by the Council immediately after that date. Regulatory Committee Thursday 31 March 2016 8 ITEM A2 ITEM FOR DECISION

ROAD CLOSURE CONDITONS

If the Council gives its consent to the closure and the event, you must comply with the following conditions:

1. You must give formal notice of the event to the Police and the New Zealand Fire and Ambulance Services.

2. You must ensure that the approved TMP is strictly adhered to throughout the event.

3. You must provide sufficient marshals to control and direct vehicles and pedestrians at all points where the closed road intersects with any open road and elsewhere as necessary. All marshals shall wear traffic safety vests or other high visibility clothing whilst on or adjacent to the roadway.

7. You must notify the Police, New Zealand Fire and Ambulance Services and the Council in the event that the road closure is no longer needed.

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or a cover note must be provided to the Council no less than 28 days prior to the meeting of the Council that will make the decision.

The Local Government Act 1974 requires the Council to give public notice of any intended road closure. We will place an appropriate public notice for the event in the Taranaki Daily News on Wednesday 24 February 2016. The public notice will also be uploaded to the Council website and Facebook pages.

We will contact you after the Council meeting on 31 March 2016 and advise you of the Council’s decision. If you require any further information please do not hesitate to call.

For further information, you can also check the Council’s Temporary Road Closure and Disruption to Traffic Policy and Guidelines on New Plymouth District Council’s website by following the link below: http://www.newplymouthnz.com/CouncilDocuments/Policies/TemporaryRoadClosureandDis ruptiontoTrafficPolicyandGuidelines.htm

Yours faithfully

Katrina Brunton CUSTOMER AND REGULATORY SOLUTIONS MANAGER cc: Roading Approvals Emergency Services Transportation New Plymouth District Council Traffic Management Solutions

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NEW PLYMOUTH ANZAC DAY ROAD CLOSURE

Monday 25 April 2016

Date and period of closure: from 5.30am to 11.30am on Monday 25 April 2016.

Please note: St Aubyn Street will have through access between the dawn and civic ceremonies.

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INGLEWOOD ANZAC DAY ROAD CLOSURE

Monday 25 April 2016

Roads to be closed: • Rata Street from Cutfield Street to Rimu Street (S H 3a) • Matai Street (S H 3) from Rata Street to Kelly Street

Date and period of closure: from 5.30am to 7.30am on Monday 25 April 2016.

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TEMPORARY ROAD CLOSURE – SUPER RUGBY CHIEFS VS SHARKS PREPARED BY: KATE KEEGAN (BUSINESS ADMINISTRATOR) TEAM: REGULATORY APPROVED BY: KATRINA BRUNTON (CUSTOMER AND REGULATORY SOLUTIONS MANAGER) WARD/COMMUNITY: NEW PLYMOUTH DATE: 25 FEBRUARY 2016 FILE REFERENCE: ECM 7043472

MATTER The matter for consideration by New Plymouth District Council is to recommend the temporary closure of Maratahu Street and other temporary traffic controls on 29 April 2016. This is to enable New Plymouth District Council Venues to safely manage traffic and pedestrians during the Chiefs v Sharks Super Rugby match at Yarrow Stadium.

RECOMMENDATION FOR CONSIDERATION That having considered all matters raised in the report the road closure for the following event be approved:

Yarrow Stadium Super Rugby Chiefs v Sharks

Road to be closed: Maratahu Street from Tukapa Street to 3m west of Yarrow Stadium's main vehicle entrance (adjacent to the Maara Tahu Centre).

Date and period of closure: from 3.30pm to 10pm on Friday 29 April.

Temporary traffic controls to be in place during the above road closure: • P2 drop-off parking zone on the south side of Tukapa Street from 31 Tukapa Street east to Maratahu Street. • Bus parking only around the perimeter of Sanders Park on Wallace Place, Cutfield and Gladstone roads.

Please note: these roads could reopen and normal parking restrictions reinstated earlier than advertised.

The above road closure is subject to the conditions outlined in a letter sent to NPDC Venues dated 10 February 2016.

Regulatory Committee Thursday 31 March 2016 2 ITEM A3 ITEM FOR DECISION

COMPLIANCE Significance This matter has been assessed as having some importance.

This report identifies and assesses the following reasonably practicable options for addressing the matter:

1. Approval of this road closure application to allow effective and safe traffic management during the Super Rugby match Options between the Chiefs and Sharks, at Yarrow Stadium.

2. To not approve this road closure application, meaning traffic and pedestrians could not be safely managed during the Super Rugby match between the Chiefs and Sharks, at Yarrow Stadium.

The persons who are affected by or interested in this matter are residents and businesses in the road closure area, those attending the Affected persons rugby match and road users in the vicinity of Yarrow Stadium during the closure times. Recommendation This report recommends option one for addressing the matter. Long-Term Plan / Annual Plan No. Implications Significant Policy and Plan No. Inconsistencies

EXECUTIVE SUMMARY This report recommends the temporary road closure of a section of Maratahu Street and other temporary traffic controls to safely manage traffic and pedestrians and create a safe environment for all road users during the Chiefs v Sharks Super Rugby match at Yarrow Stadium.

BACKGROUND In accordance with the 10th Schedule of the Local Government Act 1974, the intention to close the roads and implement temporary traffic controls was advertised in the Taranaki Daily News, uploaded to the Council website and Facebook pages on Wednesday 10 February. Submissions closed at 4pm on Wednesday 24 February and no submissions were received.

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SIGNIFICANCE AND ENGAGEMENT In accordance with the Council's Significance and Engagement Policy, this matter has been assessed as having some importance because it does not have a large impact on the public, however it will ensure the safety of traffic and pedestrians in the area.

Yarrow Stadium has consulted all of the affected residents and businesses in the road closure area and passes have been provided to residents allowing them access through the closed area to their properties.

FINANCIAL IMPLICATIONS NPDC Venues is required to meet all costs associated with this road closure application.

OPTIONS

Option 1 Approval of the road closure application to create a safe environment for all road users while the Chiefs v Sharks rugby match takes place at Yarrow Stadium.

Option 2 To not approve the road closure application, meaning effective traffic management to create a safe environment for all road users could not be implemented during the Chiefs v Sharks rugby match.

Recommended Option This report recommends option one addressing the matter.

APPENDICES

1. Letter to NPDC Venues outlining conditions of the temporary road closure. ECM 7031055.

2. Map of the affected area. ECM 7031151.

Regulatory Committee Thursday 31 March 2016 4 ITEM A3 ITEM FOR DECISION

When replying please quote Application Number - RTC16/00194

10 February 2016

New Plymouth District Council Private Bag 2025 NEW PLYMOUTH 4342

Attention: Jock Sutherland

Dear Jock,

ROAD CLOSURE UNDER THE LOCAL GOVERNMENT ACT 1974 – YARROW STADIUM SUPER RUGBY MATCH CHIEFS v SHARKS

We acknowledge your application requesting the closure of a section of Maratahu Street and other temporary traffic controls, to enable a safe environment to be created for all road users during the above event.

Road to be closed: Maratahu Street from Tukapa Street to 3m west of Yarrow Stadium's main vehicle entrance (adjacent to the Maara Tahu Centre).

Date and period of closure: from 3.30pm to 10pm on Friday 29 April

Temporary traffic controls to be place during the above road closure:

• P2 drop-off parking zone on the south side of Tukapa Street from 31 Tukapa Street east to Maratahu Street. • Bus parking only around the perimeter of Sanders Park on Wallace Place, Cutfield and Gladstone roads.

Please note: These roads could reopen and normal parking restrictions reinstated earlier than advertised.

Council will consider this application on Thursday 31 March in accordance with Schedule 10 of the Local Government Act 1974.

The Council must give public notice of the proposed closure in accordance with the Act and then consider any objections or submissions received in that respect.

The Council requires your organisation to:

a) Pay the cost of the public notice.

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b) Make personal contact with all residential and commercial property occupiers affected by the proposed closure, to inform them of the event. Where personal contact cannot be made, a letter outlining the proposed closure and the right to make a submission must be given to the affected party instead. This contact should be completed at least seven days before closure of the submissions at 4pm on Wednesday 24 February (and in any event allowing sufficient time for an affected party to make a submission). A copy of your visitation list and/or letter to affected parties is required by the Council immediately after that date.

c) Provide a traffic management plan (TMP) compiled by an authorised Site Traffic Management Supervisor to the Council before 26 February setting out signage, barrier details, crowd control procedures and access arrangements.

ROAD CLOSURE CONDITONS

If the Council gives its consent to the closure and the event, you must comply with the following conditions:

1. You must give formal notice of the event to the Police and the New Zealand Fire and Ambulance Services.

2. You must ensure that the approved TMP is strictly adhered to throughout the event.

7. You must notify the Police, New Zealand Fire and Ambulance Services and the Council in the event that the road closure is no longer needed.

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10. You must comply with, and ensure that all people attending the event comply with, all relevant laws and regulations not waived by the temporary road closure under Section 342 and Schedule10 of the Local Government Act 1974.

The Local Government Act 1974 requires the Council to give public notice of any intended road closure. We will place an appropriate public notice for the event in the Taranaki Daily News on 10 February. We have requested that the account for the Taranaki Daily News advertisement be forwarded to you. The public notice will also be uploaded to the Council website and Facebook pages.

We will contact you after the Council meeting on 31 March and advise you of the Council’s decision. If you require any further information please do not hesitate to call.

Yours faithfully Katrina Brunton CUSTOMER AND REGULATORY SOLUTIONS MANAGER cc: Roading Approvals Emergency Services Transportation, New Plymouth District Council

Regulatory Committee Thursday 31 March 2016 7 ITEM FOR DECISION ITEM A3

Regulatory Committee Thursday 31 March 2016 8 ITEM A3 ITEM FOR DECISION

Regulatory Committee Thursday 31 March 2016 1 ITEM FOR DECISION ITEM A4

TEMPORARY ROAD CLOSURE – NATIONAL RUGBY LEAGUE MATCH PREPARED BY: KATE KEEGAN (BUSINESS ADMINISTRATOR) TEAM: DISTRICT SERVICES APPROVED BY: KATRINA BRUNTON (CUSTOMER AND REGULATORY SOLUTIONS MANAGER) WARD/COMMUNITY: NEW PLYMOUTH CITY DATE: 15 MARCH 2016 FILE REFERENCE: ECM 7060949

MATTER The matter for consideration by New Plymouth District Council is to recommend the temporary closure of roads and other temporary traffic controls to enable New Plymouth District Council Venues to safely manage traffic and pedestrians during the New Zealand Warriors v Canberra Raiders National Rugby League match at Yarrow Stadium.

RECOMMENDATION FOR CONSIDERATION That having considered all matters raised in the report the road closures for the following event be approved:

New Zealand Warriors v Canberra Raiders National Rugby League Match.

Date and period of closure: from 4.30pm to 10pm on Saturday 21 May 2016.

Road to be closed: Maratahu Street from Tukapa Street to 3m west of Yarrow Stadium's main vehicle entrance (adjacent to the Maara Tahu Centre).

Temporary traffic controls to be place during the above road closure:

If crowd numbers are greater than expected the following is also requested:

Roads to be closed:

• Maratahu Street from Tukapa Street to Frankley Road. • Tukapa Street from the Sanders Avenue roundabout to Wallace Place. • Cutfield Road from Tukapa Street to Wallace Place.

Temporary traffic controls:

• Bus parking only on the west side of Frankley Road between Clawton and Maratahu streets. Regulatory Committee Thursday 31 March 2016 2 ITEM A4 ITEM FOR DECISION

• No right turn onto Sanders Avenue out of Westown School. Please note: These roads could reopen and normal parking restrictions reinstated earlier than advertised.

The above road closure and temporary traffic controls are subject to the conditions outlined in a letter sent to NPDC Venues dated 1 March 2016.

COMPLIANCE Significance This matter has been assessed as having some importance.

This report identifies and assesses the following reasonably practicable options for addressing the matter:

1. Approval of this road closure application to allow effective and safe management of traffic and pedestrians during the NZ Warriors v Canberra Raiders National Rugby League match at Options Yarrow Stadium.

2. To not approve this road closure application, meaning a safe environment could not be created to manage traffic and pedestrians during the NZ Warriors v Canberra Raiders National Rugby League match at Yarrow Stadium.

Significant Policy and Plan No. Inconsistencies

EXECUTIVE SUMMARY This report recommends the temporary closure of roads and other temporary traffic controls to enable NPDC Venues to safely manage traffic and pedestrians during the NZ Warriors v Canberra Raiders National Rugby League match at Yarrow Stadium.

BACKGROUND In accordance with the 10th Schedule of the Local Government Act 1974, the intention to close the roads and implement other temporary traffic controls was advertised in the Taranaki

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Daily News on Wednesday 2 March and uploaded to the Council website and Facebook page on Tuesday 1 March. Submissions close at 4pm on Wednesday 16 March and at the time of writing this report no submissions had been received.

Yarrow Stadium has applied for the temporary closure of Maratahu and Tukapa streets and Cutfield Road, and additional bus parking on Frankley Road in order to safely manage expected crowd numbers. If ticket sales are lower than expected a decision will be made by Council Officers approximately a week out from the match date to reduce the road closure area and provide fewer temporary traffic controls. If a smaller scale road closure is implemented a section of Martahu Street would be closed, bus parking provided around the perimeter of Sanders Park and P2 drop-off zones signposted on a section of Tukapa Street. The decision on the road closure area and temporary traffic controls will be advertised on 18 May, in the Taranaki Daily News and on the Council website and Facebook page.

FINANCIAL IMPLICATIONS NPDC Venues is required to meet all costs associated with this road closure application.

OPTIONS

Option 1 Approval of the road closure application to allow safe management of traffic and pedestrians during the NZ Warriors v Canberra Raiders National Rugby League Match at Yarrow Stadium.

Option 2 To not approve the road closure application, meaning it would be difficult to safely manage traffic and pedestrians during the NZ Warriors v Canberra Raiders Rugby National League Match at Yarrow Stadium.

Recommended Option This report recommends option one for addressing the matter.

Regulatory Committee Thursday 31 March 2016 4 ITEM A4 ITEM FOR DECISION

APPENDICES

1. Letter to NPDC Venues outlining conditions of the temporary road closure. ECM 7049713.

2. Map of the affected area. ECM 7050638

Regulatory Committee Thursday 31 March 2016 5 ITEM FOR DECISION ITEM A4

When replying please quote Application Number - RTC16/00197

1 March 2016

NEW PLYMOUTH DISTRICT COUNCIL Private Bag 2025 New Plymouth Central NEW PLYMOUTH 4342

Attention: Jock Sutherland

Dear Jock,

ROAD CLOSURE UNDER THE LOCAL GOVERNMENT ACT 1974 – Yarrow Stadium National Rugby League match New Zealand Warriors v Canberra Raiders

We acknowledge your application requesting the closure of roads and other temporary traffic controls to enable the New Plymouth District Council to create a safe environment for all road users during the above event.

Date and period of closure: from 4.30pm to 10pm on Saturday 21 May 2016.

Road to be closed: Maratahu Street from Tukapa Street to 3m west of Yarrow Stadium's main vehicle entrance (adjacent to the Maara Tahu Centre).

Temporary traffic controls to be place during the above road closure • P2 drop-off parking zone on the south side of Tukapa Street from 31 Tukapa Street east to Maratahu Street. • Bus parking only around the perimeter of Sanders Park on Wallace Place, Cutfield and Gladstone roads.

If crowd numbers are greater than expected the following is also requested:

Roads to be closed: • Maratahu Street from Tukapa Street to Frankley Road. • Tukapa Street from the Sanders Avenue roundabout to Wallace Place. • Cutfield Road from Tukapa Street to Wallace Place.

Temporary traffic controls: • Bus parking only on the west side of Frankley Road between Clawton and Maratahu streets. • No right turn onto Sanders Avenue out of Westown School.

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Please note: These roads could reopen and normal parking restrictions reinstated earlier than advertised.

Council will consider this application on 31 March in accordance with Schedule 10 of the Local Government Act 1974.

The Council must give public notice of the proposed closure in accordance with the Act and then consider any objections or submissions received in that respect.

The Council requires your organisation to:

a) Pay the cost of the public notice.

b) Make personal contact with all residential and commercial property occupiers affected by the proposed closure, to inform them of the event. Where personal contact cannot be made, a letter outlining the proposed closure and the right to make a submission must be given to the affected party instead. This contact should be completed at least seven days before closure of the submissions on 16 March (and in any event allowing sufficient time for an affected party to make a submission). A copy of your visitation list and/or letter to affected parties is required by the Council immediately after that date.

c) Provide a traffic management plan (TMP) compiled by an authorised Site Traffic Management Supervisor to the Council before 16 March 2016 setting out signage, barrier details, crowd control procedures and access arrangements.

ROAD CLOSURE CONDITONS

If the Council gives its consent to the closure and the event, you must comply with the following conditions:

1. You must give formal notice of the event to the Police and the New Zealand Fire and Ambulance Services.

2. You must ensure that the approved TMP is strictly adhered to throughout the event.

Regulatory Committee Thursday 31 March 2016 7 ITEM FOR DECISION ITEM A4

7. You must notify the Police, New Zealand Fire and Ambulance Services and the Council in the event that the road closure is no longer needed.

10. You must comply with, and ensure that all those within the closed area comply with, all relevant laws and regulations not waived by the temporary road closure under Section 342 and Schedule10 of the Local Government Act 1974.

The Local Government Act 1974 requires the Council to give public notice of any intended road closure. We will to place an appropriate public notice for the event in the Taranaki Daily News on Wednesday 2 March 2016. We will request that the account for the Taranaki Daily News advertisement be forwarded to you. The public notice will also be uploaded to the Council website and Facebook pages.

We will contact you after the Council meeting on 31 March 2016 and advise you of the Council’s decision. If you require any further information please do not hesitate to call.

Regulatory Committee Thursday 31 March 2016 8 ITEM A4 ITEM FOR DECISION http://www.newplymouthnz.com/CouncilDocuments/Policies/TemporaryRoadClosureandDis ruptiontoTrafficPolicyandGuidelines.htm

Yours faithfully

Katrina Brunton CUSTOMER AND REGULATORY SOLUTIONS MANAGER cc: Roading Approvals Emergency Services Transportation and Enforcement, New Plymouth District Council Traffic Management Solutions

Regulatory Committee Thursday 31 March 2016 9 ITEM FOR DECISION ITEM A4

Regulatory Committee Thursday 31 March 2016 10 ITEM A4 ITEM FOR DECISION

Regulatory Committee Thursday 31 March 2016 1 ITEM FOR DECISION ITEM A5

PARKING PROHIBITIONS, RESTRICTIONS, TRAFFIC CONTROL MEASURES AND BUS STOPS PREPARED BY: Carl Whittleston (Manager Transportation) TEAM: Transportation APPROVED BY: David Langford (Infrastructure Manager) WARD/COMMUNITY: District Wide DATE: 9 February 2016 FILE REFERENCE: ECM 7031834

MATTER The matter for consideration by the Council is the creation and revocation of traffic controls, parking prohibitions, restrictions and bus stops at various locations within New Plymouth.

RECOMMENDATION FOR CONSIDERATION That having considered all matters raised in the report and pursuant to the New Plymouth District Council Consolidated Bylaws 2008 Part 13: Traffic, the following parking prohibitions, restrictions, traffic control measures and bus stops in the New Plymouth District be imposed or revoked as appropriate:

NEW PLYMOUTH

Belair Avenue 1. Revoke the existing Give Way control on the western leg of Belair Avenue at the intersection with Omata Road.

Tupoki Street 2. Create a Give Way control on Tupoki Street at the intersection with Atiawa Street.

Belt Road 3. Prohibit parking on the east side of Belt Road from 0.0m – 6.0m measured in a northerly direction from the prolongation of the north kerb of Gaine Street.

Gaine Street 4. Prohibit parking on the north side of Gaine Street from 0.0m – 7.5m measured in an easterly direction from the prolongation of the east kerb of Belt Road.

Ngamotu Road 5. Prohibit parking on the west side of Ngamotu Road from 0.0m – 62.8m measured in a northerly direction from the prolongation of the north kerb of Scott Street. 6. Prohibit parking on the east side of Ngamotu Road from 2.6m –27.6m measured in a northerly direction from the prolongation of the north kerb of Scott Street.

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Carrington Street 7. Prohibit parking on the west side of Carrington Street from 0.0m – 15.0m measured in a southerly direction from the prolongation of the south kerb of Essex Street.

Essex Street 8. Prohibit parking on the south side of Essex Street from 0.0m – 7.5m measured in a westerly direction from the prolongation of the west kerb of Carrington Street.

Cumberland Street 9. Prohibit parking on the south side of Cumberland Street from 0.0m – 48.0m measured in a westerly direction from the prolongation of the west kerb of Mangorei Road.

Fillis Street 10. Revoke an existing Bus Stop on the south side of Fillis Street from 3.6m – 18.6m measured in a westerly direction from the prolongation of the west kerb of Liardet Street. 11. Create P120 parking ‘8am – 6pm, Monday – Friday’ (two parallel bays) on the south side of Fillis Street from 4.6m – 18.6m measured in a westerly direction from the prolongation of the west kerb of Liardet Street. 12. Prohibit parking on the south side of Fillis Street from 0.0m - 4.6m measured in a westerly direction from the prolongation of the west kerb of Liardet Street. 13. Revoke existing P120 parking ‘8am – 6pm, Monday – Friday’ on the south side of Fillis Street from 85.5m – 97.0m measured in an easterly direction from the prolongation of the east kerb of Liardet Street. 14. Create a Bus Stop on the south side of Fillis Street from 85.5m – 101.5m measured in an easterly direction from the prolongation of the east kerb of Liardet Street.

Devon Street East 15. Revoke an existing Bus Stop ‘6am – 10pm’ and Taxi Stand ‘10pm – 6am, every night’ on the north side of Devon Street East from 23.4m – 38.5m measured in an easterly direction from the prolongation of the east kerb of Liardet Street. 16. Create Pay at Machine 120 minute parking (two parallel bays) on the north side of Devon Street East from 25.8m – 38.5m measured in an easterly direction from the prolongation of the east kerb of Liardet Street. 17. Create a P5 Loading Zone on the north side of Devon Street East from 17.4m – 25.8m measured in an easterly direction from the prolongation of the east kerb of Liardet Street. 18. Revoke existing Pay at Machine 120 minute parking (two parallel bays) on the north side of Devon Street East from 46.8m – 60.1m measured in an easterly direction from the prolongation of the east kerb of Liardet Street.

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19. Create a Bus Stop ‘6am – 10pm’ and Taxi Stand ‘10pm – 6am, every night’ on the north side of Devon Street East from 46.8m – 60.1m measured in an easterly direction from the prolongation of the east kerb of Liardet Street.

Barrett Road 20. Revoke an existing bus stop on the west side of Barrett Road from 31.4m – 44.2m measured in a southerly direction from the prolongation of the south kerb of Tiverton Crescent. 21. Create a bus stop on the west side of Barrett Road from 41.8m – 57.8m measured in a southerly direction from the prolongation of the south kerb of Tiverton Crescent.

Hobson Street 22. Prohibit parking on the east side of Hobson Street from 181.0m – 203.m measured in a northerly direction from the prolongation of the north kerb of Hendrie Street. 23. Prohibit parking on the west side of Hobson Street from 0.0m – 11.0m measured in a southerly direction from the prolongation of the south kerb of Niger Terrace.

St Aubyn Street (SH44) 24. Revoke existing parking prohibitions on the south side of St Aubyn Street (SH44) from 103.8m – 115.8m measured in a westerly direction from the prolongation of the west kerb of Weymouth Street. 25. Create P30 parking (two parallel bays) on the south side of St Aubyn Street (SH44) from 103.8m – 115.8m measured in a westerly direction from the prolongation of the west kerb of Weymouth Street. 26. Revoke existing P30 parking (one parallel bay) on the south side of St Aubyn Street (SH44) from 145.6m – 153.1m measured in an easterly direction from the prolongation of the east kerb of Morley Street. 27. Create P120 parking ‘8am – 6pm, Monday – Friday’ (two parallel bays) on the south side of St Aubyn Street (SH44) from 138.3m – 153.1m measured in an easterly direction from the prolongation of the east kerb of Morley Street.

WAITARA

North Street 28. Prohibit parking on the south side of North Street from 45.0m – 70.0m measured in a westerly direction from the prolongation of the west kerb of Manukorihi Road.

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OAKURA

Donnelly Street 29. Prohibit parking on the south side of Donnelly Street from 119.0m – 135.0m measured in an easterly direction from the prolongation of the east kerb of Hussey Street.

INGLEWOOD

Kelly Street 30. Revoke an existing Bus Stop on the south side of Kelly Street from 84.4m – 94.6m measured in a westerly direction from the prolongation of the west kerb of Rewa Street. 31. Create a Bus Stop on the south side of Kelly Street from 61.0m – 75.5m measured in a westerly direction from the prolongation of the west kerb of Rewa Street.

COMMUNITY BOARD RECOMMENDATIONS The Kaitake, Inglewood and Waitara Community Boards endorsed the officer’s recommendation.

COMPLIANCE Significance This matter is of some importance. This report identifies and assesses the following reasonably practicable options for addressing the matter:

1. Endorse the proposed traffic controls, parking prohibitions, Options restrictions and bus stops.

2. Do nothing and retain the existing arrangement.

The persons who are affected by or interested in this matter are the Affected persons residents/property owners in the various locations. The views of these persons are discussed in the report. Recommendation This report recommends option 1 for addressing the matter. Long-Term Plan / Annual Plan No. Implications Significant Policy and Plan No. Inconsistencies

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BACKGROUND

NEW PLYMOUTH Item 1 Belair Avenue This item recommends the revocation of the Give Way control for right turning traffic from Belair Avenue west on to Omata Road. The Give Way rule changed in 2012, requiring vehicles turning right to give way to vehicles coming in the opposite direction and turning left. The existing Give Way control is therefore no longer necessary as traffic turning right from Belair Avenue at this intersection are required to give way under road rules. Removing this Give Way signage ensures consistency across the road network.

Item 2 Tupoki Street This item recommends the installation of a Give Way control on the Tupoki leg of the Atiawa Street/Tupoki Street intersection. This item was raised as a safety concern by a local resident after having observed a number of near-miss incidents at the intersection, caused by traffic failing to give way while turning out of Tupoki Street.

Vehicles approaching the intersection from Tupoki Street are currently required to give way at the intersection under existing give way rules. Tupoki Street is a common route used by residents in the Glen Avon area to and from the Smart Road/Devon Road (SH3) intersection. It is possible that drivers turning out of Tupoki Street into Atiawa Street may perceive this as the priority route, subsequently failing to give way to traffic on Aitawa Street. This priority route perception may also be due to the fact that the carriageway of Atiawa Street narrows on the western side of the Tupoki Street intersection.

By introducing a Give Way control on the Tupoki Street leg of the intersection, drivers turning out of Tupoki Street are made aware that they need to give way at this intersection. This will help improve driver awareness and safety at this intersection.

Items 3 – 4 Gaine Street and Belt Road These items recommend the introduction of parking prohibitions at the intersection of Gaine Street and Belt Road. This issue was raised by a West End School parent due to safety concerns regarding parking at the intersection. At school start and end times there are a number of vehicles in the immediate area, picking up and dropping off children. Currently vehicles park very close to the intersection whilst waiting for the children to leave school. This causes congestion, and also reduces driver and pedestrian visibility at the intersection. By introducing parking prohibitions vehicles will be restricted from parking close to the intersection, resulting in improved safety.

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Item 5 Ngamotu Road This item recommends the introduction of new parking prohibitions on Ngamotu Road, northbound from the intersection with Scott Street. This issue was raised by a local resident due to safety concerns at the intersection of Scott Street and Ngamotu Road, caused by poor visibility. North from the Scott Street intersection Ngamotu Road heads downhill and around a blind corner (after approximately 60m). Vehicles occasionally park on the berm/shoulder along this section of road, immediately north of the vehicle accessway to No. 2 Scott Street (located on Ngamotu Road). When a vehicle is parked in this location visibility for traffic turning out of Scott Street is greatly reduced. Introducing parking prohibitions in this location will deter vehicles from parking on this section of road. As a result visibility will not be reduced at the intersection, thus improving safety.

Item 6 Ngamotu Road This item simply formalises existing parking prohibitions on the south-eastern side of Ngamotu Road. These prohibition lines have been in place for several years and deter vehicles from parking in this area and reducing road widths near the Scott Street intersection.

Items 7 – 8 Carrington Street and Essex Street These items recommend the introduction of parking prohibitions at the intersection of Carrington Street and Essex Street. This issue was raised by a local resident due to safety concerns at the intersection as a result of on-street parking on Carrington Street. Visibility is reduced to the south for vehicles turning out of Essex Street when vehicles park close to the intersection on Carrington Street. During rugby season on-street parking becomes very congested in the local area around Vogeltown Park, this leads to vehicles parking in any available spaces, including very close to intersections. By introducing parking prohibitions at this location, vehicles will not be able to park so close to the intersection and as a result there will be improved visibility and safety at this intersection.

Item 9 Cumberland Street This item recommends the extension of existing parking prohibitions on the south side of Cumberland Street, near the intersection of Mangorei Road. This item was raised by the owner of No. 216 Mangorei Road due to vehicles parking close to their vehicle accessway on Cumberland Street. There is currently a length of unrestricted on-street parking available on the Mangorei Road intersection side of the vehicle entranceway. This area is commonly occupied during the day by vehicles of staff from the nearby Merrilands Shopping Centre. When parked in this location vehicles restrict visibility and safe access/egress to and from No. 216 Mangorei Road. Visibility and access is also a concern at this location due to the close proximity to the Mangorei Road intersection. Extending the prohibitions by approximately 22m, past the vehicle crossing to No. 3 Cumberland Street, will improve access, visibility and overall safety at this location.

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Items 10 – 14 Fillis Street These items relate to the relocation of the existing bus stop on Fillis Street, from outside the main gates to Pukekura Park, east by approximately 120 metres. This item was raised by “Friends of Pukekura Park” due to safety concerns about access to the existing bus stop (see Appendix O). The bus stop is currently located immediately west of the main gate to Pukekura Park, on the no-exit leg of Fillis Street. Buses and coaches currently access the existing stop by reversing into or out of the stop. This manoeuvre is a safety concern as it requires the bus/coach to reverse past the main gates to Pukekura Park and near the intersection of Fillis and Liardet streets.

It is proposed to essentially swap the existing bus stop with existing P120 parking, currently located near the vehicle accessway and gate at the northeast end of the Pukekura Park cricket ground. It is not recommended to relocate the bus stop immediately east of the main park entrance as not to reduce sight visibility along Fillis Street for vehicles exiting the park. Taking this into consideration, locating the bus stop adjacent a lesser used accessway will allow more space for buses and coaches to manoeuvre in and out of the bus stop, whilst minimising the loss to on-street parking. By relocating the existing bus stop, safety at the entrance to Pukekura Park will be improved.

Items 15 – 19 Devon Street East These items relate to the relocation of the existing Bus Stop ‘6am – 10pm’ (which also has a ‘Taxi Stand’ designation during the hours of 10pm – 6am) located on the north side Devon Street East, east of the Liardet Street intersection. This item was raised by the New Plymouth District Council Transportation Team after a request from Ironside Vehicle Society for wheelchair access to their vehicles. The Ironside Vehicle Society offers transport for disabled people of all ages and operate a number of vans to transport passengers and wheelchairs. The Ironside Vehicle Society has authority to use the public bus stops, and require this sized parking space in order to safely operate their vehicle lifts/hoists.

The proposal is to swap the existing bus stop/taxi stand with the adjacent set of ‘Pay at Machine’ parking bays to the immediate east. This will place the bus stop close to an existing vehicle crossing (currently not required by the adjacent building owner) which in turn can be utilised for wheelchair access by the clients/passengers being transported by Ironside Vehicle Society. By implementing this proposed layout revision, the construction of a new pram crossing (within the existing bluestone kerb) would not be required.

Whilst the new bus stop would be slightly shorter than the existing stop, the local commuter bus company (Tranzit Coachlines) has indicated that the proposed stop would still be accessible. The proposed layout also means that the existing loading zone can be extended by 2.4 metres whilst still retaining two ‘Pay at Machine’ parking bays. The proposed new bus stop location will also double as a Taxi Stand from 10pm – 6am as per the existing arrangement.

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Items 20 – 21 Barrett Road These items relate to relocating the existing bus stop outside No. 68 Barrett Road south by approximately 10 metres. This is recommended to better suit the existing layout of the vehicle access to an adjacent property, and to allow for the proposed construction of a bus shelter adjacent the new bus stop. The existing bus stop is well used by the residents of the Jean Sandle Retirement Village, but there is currently no shelter provided for passengers waiting for the bus at this stop. Relocating and formalising a new bus stop will have minimal effect on the adjacent properties on-street, however this section of road is frequently occupied all day by the vehicles of staff from the nearby Retirement Village. Relocating the bus stop will allow for a bus shelter to be built adjacent the bus stop, thereby providing shelter from the weather for elderly wishing to use the bus.

Items 22 – 23 Hobson Street The proposed parking prohibitions are recommended in response to a request from users of the Hockey Turf at Webster Field for a crossing point on Hobson Street, to assist pedestrians moving between Niger Terrace and the hockey turf. The crossing point has been designed to slow speeds on Hobson Street by providing vertical deflection across the carriageway path that pedestrians will take. The design improves safety for pedestrians wishing to cross the street by offering a specific location to cross, traffic is better warned and speeds reduced. In order to create a safe crossing point, with good visibility for pedestrians, parking prohibitions are required to ensure that vehicles do not park in the pedestrian sight lines.

Items 24 – 27 St Aubyn Street (SH44) These items relate to the proposed revised on-street parking layout to be implemented along the road frontage of the Southern Cross Hospital following completion of the current construction works at the hospital (estimated mid-April 2016). The revised layout proposes to revoke an existing P30 parking bay and replace it with a P120 parking ‘8am – 6pm, Monday – Friday’ bay. (Item 27 also formalises an existing P120 parking ‘8am – 6pm, Monday – Friday’ bay for record consistency). The proposed revised layout also includes establishing an additional two P30 parking bays adjacent to No. 197 St Aubyn Street (new hospital building site) and No. 195 St Aubyn Street (occupied by the business Topstitch) respectively. The proposed parking restrictions are recommended to deter all day parking in the area and to better meet the parking needs of the adjacent businesses and hospital.

WAITARA Item 28 North Street The proposed parking prohibitions are recommended in response to a request from Manukorihi Intermediate School for a crossing point on North Street to aide and encourage children to walk and ride to school. The crossing point design addresses pedestrian safety on North Street by narrowing the crossing distance through the installation of a central refuge island. It also works to reduce vehicle speeds by decreasing the Leslie Street corner radius. The design improves safety for pedestrians requiring to cross the street by offering a specific location to cross, traffic is better warned and speeds reduced. To create a safe crossing point, with good visibility for pedestrians, parking prohibitions are required to ensure that vehicles do not park in the pedestrian sight lines.

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OAKURA Item 29 Donnelly Street This item recommends the implementation of prohibition lines around the inside of a ninety degree bend on Donnelly Street, outside Oakura Primary School. This was raised by the local school bus service provider Tranzit Coachlines. Currently the school bus turns around at this location on Donnelly Street, making use of the bend in the road and a small sealed berm area on the outside of the corner to undertake the manoeuvre. When vehicles park close to the inside of the bend the bus is unable to make the manoeuvre and is forced to either wait or make additional reversing movements to completely turn around. Oakura School has previously attempted to educate parents and caregivers not to park close to the corner, however this has not been successful and parking on this bend is an ongoing problem. By introducing parking prohibitions vehicles are prevented from parking at this location, hence allowing the bus sufficient area to turn. Visibility will also be improved and congestion reduced at the corner.

INGLEWOOD Items 30 – 31 Kelly Street These items recommend the relocation of the existing bus stop on Kelly Street outside Inglewood High School. This item was raised by the Inglewood High School Board of Trustees due to safety and access concerns relating to the existing bus stop. The existing bus stop is just over 10m in length, adjacent to a brick wall and angled on-street parking bays. With obstructions at both ends of a short bay it is difficult for the bus to safely access or exit the marked bus stop, resulting in the bus remaining partially in the traffic lane. As a result the existing bus stop is not utilised. The proposed layout relocates the bus stop east, adjacent to a vehicle access right of way. The proposed layout increases the length of the bus stop and also includes ninety degree angled parking bays, resulting in the loss of only one bay. By relocating the bus stop, access and safety is improved, allowing for better utilisation of the bus stop.

SIGNIFICANCE AND ENGAGEMENT In accordance with the Council's Significance and Engagement Policy, this matter has been assessed as of some importance because the changes herein can be funded from current roading budgets.

There are interested and affected parties affected regarding the matters raised in this report. Consultation has already been undertaken with these parties to obtain their views and preferences on the matters proposed in this report. Their views are covered in the options assessment section of this report.

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OPTIONS Option 1 Endorse the proposed traffic controls, parking prohibitions, restrictions and bus stops.

a) Financial and Resourcing Implications The costs for implementing this option are for roadmarking and signage and these costs are covered within approved operational budgets. b) Risk Analysis The crash record for New Plymouth will not improve if road safety is not addressed via on-going measures such as those proposed in this report. Many of the measures proposed in this report are in response to community requests relating to improving safety at particular locations on the transport network. c) Promotion or Achievement of Community Outcomes This option promotes the ‘Our Community’ outcome by improving safety and transport connections for the community. d) Statutory Responsibilities The measures must comply with Council bylaws, relevant standards, regulation and statutes, particularly the Traffic Control Devices Manual and NPDC Bylaws Part 13: Traffic. e) Consistency with Policies and Plans This option is consistent with the Long Term Plan and one of the key performance indicators for Roads and Footpaths which is reducing the number of fatal and serious crashes in the District.

f) Participation by Māori There are considered to be no specific issues relating to Maori with this option.

g) Community Views and Preferences:

The following information provides a summary of the consultation undertaken for each matter proposed in this report.

NEW PLYMOUTH

Item 1 Belair Avenue The New Plymouth District Council Transportation Team raised and support this item. No further consultation was undertaken.

Item 2 Tupoki Street This item was raised by a local resident. The New Plymouth District Council Transportation Team support this item. No further consultation was undertaken.

Items 3 – 4 Gaine Street and Belt Road

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This item was raised by a parent whose children attend the nearby West End School. The owner of No. 49 Belt Road was consulted and supports the proposal.

Item 5 Ngamotu Road This issue was raised by a Scott Street resident. The owners and tenants of No. 2 Scott Street were consulted, no response was received. The owners on No. 58 Ngamotu Road were consulted and do not oppose the proposal.

Item 6 Ngamotu Road This item is formalising an existing prohibition. No consultation was required in respect to this item.

Items 7 – 8 Carrington and Essex Streets This item was raised by an Essex Street resident. The owner of No. 240 Carrington Street was consulted and supports the proposal.

Item 9 Cumberland Street This item was raised by the owner of No. 216 Mangorei Road. The owner of No. 3 Cumberland Street was consulted and did not oppose the proposal.

Items 10 – 14 Fillis Street Consultation for these items is summarised below: • Friends of Pukekura Park – Raised the issue, would prefer the bus stop closer to the main Park entrance (attached Appendix O). • New Plymouth District Council Parks Team (Park Curator) – Support moving the bus stop but highlight a longer walk for the elderly from the proposed bus stop (attached Appendix O). • Taranaki Cricket Association – Support the proposal (attached Appendix O). • Tranzit Coachlines – Support moving the bus stop, would prefer the bus stop closer to the main Park entrance. • Withers Coachlines – Do not support the proposal, believe there is no safety issues with the bus stop in the existing location.

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• Café Istanbul – Do not oppose the proposal. • Our Place – Do not oppose the proposal. • Radio NZ – Do not oppose the proposal. • iStudios – Do not oppose the proposal. • Stardust Creations – Do not oppose the proposal. The following transport providers were consulted: • Ironside Transport – Raised the need for wheelchair access to the bus stop. • Tranzit Coachlines – Do not oppose the proposal. • Taranaki Regional Council – Do not oppose the proposal. • Energy City Cabs – No response received. • New Plymouth Taxis – Do not support moving the existing taxi stand as the existing stand allows for stacking three taxis at a time. They raised concerns over taxis not being used in the stacking order.

Items 20 – 21 Barrett Road The owners of No. 68 Barrett Road and No. 72 Barrett Road were consulted and do not oppose the proposal.

Items 22 – 23 Hobson Street Consultation for this was undertaken by the New Plymouth District Council Transportation Team. Consultation is summarised as below: • Western Institute of Technology at Taranaki – Support the proposal. • New Plymouth Boys’ High School – Support the proposal. • New Plymouth Bridge Club – Support the proposal. • Taranaki Hockey – Support the proposal. Taranaki Hockey requested additional marking on the footpath to encourage children when leaving the turf to look both ways.

Items 24 – 27 St Aubyn Street (SH44) Consultation for this was undertaken by the consultant planner for the Southern Cross Hospital project. The owner of No. 195 St Aubyn Street and the occupying business, Topstitch, were consulted and support the current proposal.

WAITARA

Item 28 North Street Consultation for this was undertaken by the New Plymouth District Council Transportation Team. Consultation is summarised as below: • Manukorihi Intermediate – Support the proposal.

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• Manager of the Aquatic Centre re Waitara Pools – Support the proposal. • Waitara Community Board – Support the proposal.

OAKURA

Item 29 Donnelly Street This item was raised by the school bus provider company Tranzit Coachlines. Oakura School was consulted and support the proposal.

INGLEWOOD

Item 30 – 31 Kelly Street This item was raised by the Inglewood High School Board of Trustees. The owner of No. 105 Kelly Street was consulted and does not oppose the proposal.

h) Advantages and Disadvantages This option is recommended for addressing the matter as it is cost effective and contributes to meeting the expectations of the community in regards to the matters raised by them.

Option 2 Do nothing and retain the existing arrangement.

a) Financial and Resourcing Implications This option comes with no immediate cost but it may leave the Council exposed to cost at a later date to address consequences of not addressing some safety issues at this time. b) Risk Analysis Some of the matters proposed are to address a current issue of non-compliance with standards, good practice or bylaws. Not addressing these matters may expose the Council to risk for failure to act on a known issue. c) Promotion or Achievement of Community Outcomes This option will not promote any community outcomes. d) Statutory Responsibilities This option may prevent the Council performing some statutory responsibilities. e) Consistency with Policies and Plans This option would be inconsistent with the Long Term Plan with regards to meeting community expectations and improving safety on the transportation network. f) Participation by Māori There are considered to be no specific issues relating to Maori with this option.

Regulatory Committee Thursday 31 March 2016 14 ITEM A5 ITEM FOR DECISION g) Community Views and Preferences It is noted below that in two instances of the recommended items there were views that did not support the items and they can be considered as supporting option 2 (do nothing). For completeness all views are repeated below:

Items 15 – 19 Devon Street East Consultation for these items is summarised below: • The owner of the building at No. 73 and No. 75 Devon Street East was consulted and does not oppose the proposal. He highlighted the issue of the existing vehicle crossing causing vehicles to turn in the street and also suggested the removal of the trees for better access. The following businesses were consulted: • 55 – Do not oppose the proposal provided the existing loading zone remains. • Byers Jewellery and Gifts – Do not oppose the proposal. • Café Istanbul – Do not oppose the proposal. • Our Place – Do not oppose the proposal. • Radio NZ – Do not oppose the proposal. • iStudios – Do not oppose the proposal. • Stardust Creations – Do not oppose the proposal. The following transport providers were consulted: • Ironside Transport – Raised the need for wheelchair access to the bus stop. • Tranzit Coachlines – Do not oppose the proposal. • Taranaki Regional Council – Do not oppose the proposal. • Energy City Cabs – No response received.

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• New Plymouth Taxis – Do not support moving the existing taxi stand as the existing stand allows for stacking three taxis at a time. They raised concerns over taxis not being used in the stacking order. h) Advantages and Disadvantages This option is not recommended due to the risk involved with not addressing the matters and that community consultation generally supports all the measures promoted.

Recommended Option This report recommends option 1 which endorses the traffic controls, parking prohibitions, restrictions and bus stops as proposed for addressing these matters.

APPENDICES Appendix A: Belair Avenue (Item 1). Appendix B: Tupoki Street (Item 2) Appendix C: Belt Road and Gaine Stre.et (Items 3 – 4). Appendix D: Ngamotu Road (Items 5 – 6). Appendix E: Carrington Street and Essex Street (Items 7 – 8). Appendix F: Cumberland Street (Item 9). Appendix G: Fillis Street (Items 10 – 14). Appendix H: Devon Street East (Items 15 – 19). Appendix I: Barrett Road (Items 20 – 21). Appendix J: Hobson Street (Items 22 – 23). Appendix K: St Aubyn Street (SH44) (Items 24 – 27). Appendix L: North Street, Waitara (Item 28). Appendix M: Donnelly Street, Oakura (Item 29). Appendix N: Kelly Street, Inglewood (Items 30 – 31). Appendix O: Correspondence re Fillis Street (Items 10 – 14).

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APPENDIX J HOBSON STREET

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APPENDIX L NORTH STREET

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EXEMPTIONS FROM FENCING OF SWIMMING POOLS AND SPAS PREPARED BY: Lois McNeil (Swimming Pools Compliance Officer) TEAM: Building APPROVED BY: Damien Morresey (Building Services Coordinator) WARD/COMMUNITY: District Wide DATE: 17 March 2016 FILE REFERENCE: Document Set ID 7067096

PURPOSE The purpose of this report is to seek approval to grant special exemptions for a number of applications from the requirement for spa pools to be fenced pursuant to section 6 of the Fencing of Swimming Pools Act and a swimming pool with door alarms.

RECOMMENDATION That, having considered all matters raised in the report, the Council grants, subject to the conditions set out below, special exemptions pursuant to section 6(1) of the Fencing of Swimming Pools Act 1987 for the following spa pools:

1. Spa pool at 30 Bayly Road, New Plymouth 2. Spa pool at 299 Surrey Hill Road, Oakura 3. Spa pool at 40 Kaitake Place, Oakura 4. Spa pool at 40 McFarlane Street, Oakura 5. Spa pool at 27A Mace Terrace, Oakura 6. Spa pool at 18 McKellar Street, Oakura 7. Spa pool at 89A South Road, New Plymouth 8. Spa pool at451J Lower Pitone Road, Okato 9. Spa pool at 917 South Road, New Plymouth 10. Spa Pool at 82 Te Ngahoro Road, New Plymouth 11. Spa pool at 22 Sutton Road, New Plymouth 12. Swimming Pool with minor variations of non-compliance at 353 Lower Timaru Road, New Plymouth falling short of the Fencing of Swimming Pools Act requirements (see the discussion for further details).

For each of the spa pool special exemptions above the Council imposes the following conditions which apply when the pool is full or partially full of water and not in use:

1. The top of the spa or hot tub stands at least 760 mm above the surrounding ground or deck. 2. The cover will be locked and clear of any climbable object (including the steps).

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3. The locks shall not be able to be readily opened or released by a child of up to the age of six years.

4. When locked, the cover shall be fitted so that if lifted it does not release the locking device or provide an opening greater than 100 mm.

5. The cover shall be made of a material that if walked on cannot collapse and can withstand the weight of at least 20 kg to ensure that it will carry more than the weight of a child up to six years of age.

6. The cover shall be tapered from the centre hinge to the out edge of the cover so that water will not pond on top of it.

7. The cover, clips and locks shall be maintained at all times in a good state of repair.

8. A warning sticker shall be placed on the cover to advise that it shall be locked in place with the spa pool or hot tub is not being used or supervised.

9. Removable steps, moveable furniture, or other objects that can assist a young child to climb on the cover, shall be stored away at least 1200mm from the side of the pool.

SIGNIFICANCE AND ENGAGEMENT This matter has been assessed as having some importance because the options considered will have no impact on levels of service or the Council’s ability to perform its role and carry out its activities.

DISCUSSION The Fencing of Swimming Pools Act 1987 (FoSP Act) requires all pool owners to ensure that their pool is fenced by a fence that complies with the requirements of the New Zealand Building Code. A spa pool and hot tub is included in the definition of a swimming pool.

Section 6(1) of the FoSP Act enables the Council to grant an exemption from some or all of the requirements of the Act in the case of fencing any particular pool so long as the exemption would not significantly increase danger to young children.

The Council has delegated its powers and functions of section 6 of the FoSP Act to the Regulatory Committee. The legislation does not provide for the delegation of this power to officers.

Each individual application has been assessed against the requirements and safety considerations of the FoSP Act and officers consider that the safety conditions set out in the recommendation of this report are reasonable in the circumstances. The conditions are sufficient as safety measures to ensure that the omission of a fence does not significantly increase the danger to young children and therefore complies with the requirements of section 6(1) of the Act. Accepting lockable

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covers for spa pools as a safety measure is consistent with the provisions of New Zealand Standard 8500:2006 Safety Barriers and Fences around Swimming Pools, Spas and Hot Tubs.

Swimming Pool Variation at 353 Lower Timaru Road, New Plymouth request:

In respect of the special exemption for the section of pool fencing at 353 Lower Timaru Road, New Plymouth where a stone screen (gabion wall) makes up part of the pool fencing, the FoSP Act Clause 1 (2) states “where the fence is constructed of perforated material, netting, or mesh and any opening in the material, netting, or mesh has a dimension (other than the circumference or perimeter) greater than 10mm, the fence shall extend at least 1.8 metres above the ground”; and Clause 6 states “no opening... greater than 50mm”. The section of fencing under discussion is 1650mm high with openings slightly less than 50mm with stones inside the mesh.

The owners provided the following details for your consideration:

• This section of fence makes up only 15% of the total pool fence length; • The mesh is filled with stone which inhibits the climbing of the fence by small children; • The mesh is uncomfortable as a foot hold or hand hold; • The section of fence in question is 1650mm high.

OPTIONS The Regulatory Committee has the option to approve the recommendation in this report or to refer the matter for a formal hearing at considerable cost to the pool owners.

FINANCIAL AND RESOURCING IMPLICATIONS The process of special exemptions for unfenced spa pools or hot tubs is incorporated in the building budget and is funded by the registration and audit fee paid by the applicant and the swimming pool special exemption covered under the building consent application.

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IMPLICATIONS ASSESSMENT This report confirms that the matter concerned has no particular implications and has been dealt with in accordance with the Local Government Act 2002. Specifically:

• Council staff have identified and assessed all reasonably practicable options for addressing the matter and considered the views and preferences of any interested or affected persons (including Māori), in proportion to the significance of the matter;

• Any decisions made will help meet the current and future needs of communities for good-quality local infrastructure, local public services, the performance of regulatory functions in a way that is most cost-effective for households and businesses;

• Unless stated above, any decisions made can be addressed through current funding under the Long-Term Plan and Annual Plan;

• Any decisions made are consistent with the Council's plans and policies; and

• No decisions have been made that would alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the Council, or would transfer the ownership or control of a strategic asset to or from the Council.

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