Notice of Meeting:
I hereby give notice that an ordinary meeting of the Bylaws Subcommittee will be held on:
Date: Monday 21 August 2017, Tuesday 22 August 2017 and Friday 25 August 2017 (if required)
Time: 1.00 pm on Monday 21 August 2017 and 9 am on other days
Venue: Edinburgh Room, Municipal Chambers, The Octagon, Dunedin
Sue Bidrose
Chief Executive Officer
Bylaws Subcommittee
PUBLIC AGENDA
MEMBERSHIP
Chairperson |
Andrew Whiley |
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Deputy Chairperson |
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Members |
David Benson-Pope |
Christine Garey |
Senior Officer Kristy Rusher (Manager Civic and Legal)
Governance Support Officer Greg Sligo (Monday 21 August 2017), Janet Favel (Tuesday 22 August 2017)
Jenny Lapham
Governance Support Officer
Telephone: 03 477 4000
Jenny.Lapham@dcc.govt.nz
Note: Reports and recommendations contained in this agenda are not to be considered as Council policy until adopted.
Bylaws Subcommittee 21 August 2017 |
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ITEM TABLE OF CONTENTS PAGE
1 Apologies 4
2 Confirmation of Agenda 4
3 Declaration of Interest 5
Reports
4 Hearing Schedule 9
5 Proposed Camping Control Bylaw 2017- Summary of Submissions 11
Bylaws Subcommittee 21 August 2017 |
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At the close of the agenda no apologies had been received.
Note: Any additions must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.
Bylaws Subcommittee 21 August 2017 |
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EXECUTIVE SUMMARY
1. Members are reminded of the need to stand aside from decision-making when a conflict arises between their role as an elected representative and any private or other external interest they might have.
2. Elected members are reminded to update their register of interests as soon as practicable, including amending the register at this meeting if necessary.
That the Committee: a) Notes/Amends if necessary the Elected Members' Interest Register attached as Attachment A; and b) Confirms/Amends the proposed management plan for Elected Members' Interests. |
Attachments
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Title |
Page |
Register of Interest as at 16 August 2017 |
7 |
Bylaws Subcommittee 21 August 2017 |
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Hearing Schedule
Department: Civic and Legal
EXECUTIVE SUMMARY
1 Attached is the hearing schedule for the Proposed Camping Control Bylaw 2017.
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Signatories
Author: |
Jenny Lapham - Governance Support Officer |
Authoriser: |
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Title |
Page |
Speaking Schedule |
10 |
21 August 2017 |
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Proposed Camping Control Bylaw 2017- Summary
of Submissions
Department: Parks and Recreation
EXECUTIVE SUMMARY
1 The proposed Camping Control Bylaw 2017 went out for public consultation on 12 July 2017. 250 submissions were received and 17 submitters have requested to speak at the hearing.
2 This report summarises the details of the submissions for consideration by the Bylaws Subcommittee.
That the Subcommittee: a) Considers this report and submissions on the proposed Camping Control Bylaw 2017. b) Recommends to Council the final form of the Camping Control Bylaw 2017 for adoption, incorporating any changes following consideration of public feedback from the submissions and hearing. |
BACKGROUND
3 The Council’s current Camping Control Bylaw 2015 (the Bylaw): prohibits freedom camping at areas identified in Schedule A of the Bylaw; allows certified self-contained vehicles, with some restrictions, at areas identified in Schedule B; and allows all types of freedom camping (including cars and tents), with some restrictions at two areas identified in Schedule C (Warrington Domain and Ocean View Recreation Reserve).
4 Over the past two seasons a significant volume of feedback from the public has been received in relation to freedom camping with concerns about things such as:
· Loss of amenity and privacy for residents living nearby popular freedom camping hot spots (protecting the area)
· Pollution of beaches, roadsides, parks, gardens and other public places with human waste and rubbish (public health)
· Ability for the local community to access areas used by freedom campers (access to the areas).
5 Overcrowding also puts a strain on the communities and the infrastructure that Council administers. However, freedom camping is an important part of the New Zealand tourism industry and is also popular among New Zealand residents.
6 At its 27 June 2017 meeting Council resolved that it:
Approves the draft Statement of Proposal for the purposes of a Special Consultative Procedure under Section 83 of the Local Government Act 2002.
Notes that staff will report the outcome of the public consultation and final draft Camping Control Bylaw 2015 for adoption by Council in 2017 prior to the 2017/18 camping season.
7 The draft Statement of Proposal sought feedback on whether Council should provide for freedom camping in self-contained vehicles only or continue to provide options for non-self-contained campers. Further, if providing non-self-contained options is supported, whether additional sites should be made available.
8 Feedback was sought on three possible options, devised to help ease issues of freedom camping:
· Option 1- (Recommended) Limit freedom camping to certified self-contained only
· Option 2- Increased enforcement and infrastructure under existing Bylaw (enhanced status quo)
· Option 3- Provide additional areas for non-certified self-contained vehicles and restrict the area for vehicles at each site
9 Feedback was also sought on criteria which could apply to sites under Option 3. The proposed criteria are:
· sites that are not close to residential or commercial accommodation
· sites that do not have historic or ecological significance
· sites which are safely accessible by foot and by vehicle
· sites which have existing infrastructure (toilets, bins etc.) or it is easily able to be constructed.
DISCUSSION
6 From 12 July to 9 August, 250 submissions were received on the draft Bylaw.
7 Individual submissions are available to the Panel in the online consultation programme. A high level summary of submissions is provided below:
10 Which of the following options do you support to address overcrowding issues?
Option 1- Limit freedom camping to certified self-contained vehicles only Yes 185/250 (74%)
Option 2- Increased enforcement and infrastructure under existing bylaw Yes 13/250 (5.2%)
Option 3- Provide additional areas for non-certified self-contained vehicles and restrict the area for vehicles at each site Yes 36/250 (14.4%)
11 What criteria should apply to sites?
Sites that are not close to residential or commercial accommodation Yes 152/250 (60.8%) No 47/250 (18.8%) Blank 51/250 (20.4%)
Sites that do not have historic or ecological significance Yes 147/250 (58.8%) No 39/250 (15.6%) Blank 64/250 (25.6%)
Sites which are safely accessible by foot and by vehicle Yes 151/250 (60.8%) No 28/150 (11.2%) Blank 70/250 (28%)
Sites which have existing infrastructure like toilets, bins etc. Yes 151/250 (60.4%) No 43/250 (17.2%) Blank 56/250 (22.4%)
Sites which are Council owned land Yes 125/250 (50%) No 53/250 (21.2%) Blank 72/250 (28.8%)
KEY THEMES IN SUBMISSIONS
Option 1- Recommended option: Self-contained vehicles only
8 The majority of submissions, 185 (74%) supported this option. A number mentioned the need to ensure on board facilities were used in self-contained vehicles by campers.
Option 2- Enhanced status quo
9 This was the least supported option, with 13 (5.2 %) of submissions (5.2%). This result indicates the need for bylaw amendment.
Option 3- Additional areas with restricted vehicle numbers
10 This option was supported by 36 submissions (14.4%). A number referenced the need for welcoming visitors to Dunedin.
Criteria for additional areas
11 The criteria for evaluating additional areas were supported by the majority of submitters. No other criteria was proposed.
Other feedback topics
Enforcement
13 The need for increased enforcement of the Bylaw was referenced in 15 submissions (6%). In addition, among submitters that predominantly chose Option 3 it was identified that Option 1 may displace freedom campers around Dunedin, making enforcement (increased or otherwise) challenging.
Restricted numbers regardless of option chosen
14 46 of the submissions (18.4%) supported the restriction of numbers of all types of freedom camping vehicles at all sites, regardless of the option chosen by Council. The overcrowding of Warrington and associated issues during summer was a common theme from submitters, especially among the 185 supporters of Option 1.
Campground availability and price
15 Some submitters questioned whether campgrounds should lower prices to cater to freedom campers; possibly subsidised by the Council. One submitter suggested there was no capacity at campgrounds to take the anticipated numbers of potentially 'displaced' freedom campers from Warrington and Ocean View. There was wide-spread support for the need to consider and support campground owners and their livelihood.
Private landowners
16 A small number of submissions, 5 (2%), suggested private landowners may be a solution to accommodating increasing numbers of freedom campers in the future. Although not relevant to considering an amendment to the Bylaw as it does not apply to private land, of note council staff work with private providers when contacted.
Freedom Camping banned outright
17 There were 18 submitters (7.2%) that opposed freedom camping altogether. Comments from these submitters were predominantly around the need to support local accommodation providers, which may mitigate any negative effects of freedom camping on the environment.
Conclusion
17 Once the panel has heard from submitters, staff can provide advice on potential changes to the Bylaw to support recommendations the Subcommittee wishes to make to Council in considering the final form of the Bylaw.
Signatories
Author: |
Ashley Reid - Parks and Recreation Planner |
Authoriser: |
Jendi Paterson - Recreation Planning and Facilities Manager Ruth Stokes - General Manager Infrastructure and Networks |
There are no attachments for this report.
SUMMARY OF CONSIDERATIONS
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Fit with purpose of Local Government This report relates to good-quality and cost-effective use of Council resources.
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Fit with strategic framework
The bylaw is consistent with a number of strategies as it balances the economic benefits of camping and the need to provide for this activity, with controls in place to manage the potential effects of freedom Camping on the environment and communities. |
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Māori Impact Statement The Otakau Runaka has an interest in the Pukekura Reserves at Taiaroa Head. There is no change proposed for that area, and it remains a prohibited site for any freedom camping activity under the bylaw. |
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Sustainability Freedom campers and visitors to the city provide economic benefits which need to be balanced with potential effects on the environment and our communities. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy Not applicable. |
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Financial considerations Costs incurred for one off implementation requirements of the Bylaw were covered from existing operating budgets. Increased infrastructure requirements will need to be considered against existing spending priorities through the Long Term plan. |
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Significance This decision is considered to have low significance with regard to Council's Significance and Engagement policy. |
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Engagement – external Communication and engagement with community groups, interested organisations, local businesses and Community Boards remains a key initiative to the success of the bylaw's implementation. |
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Engagement - internal Consultation with the Transport department, I-Site and Enterprise Dunedin will continue in the future. |
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Risks: Legal / Health and Safety etc. Central government funding to assist with infrastructure may not be received. |
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Conflict of Interest No conflicts of interest have been identified. |
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Community Boards Communication and liaising with the Otago Peninsula, Waikouaiti and Saddle Hill Community Boards has been regular throughout the 2016/2017 season.
Waikouaiti Community Board has indicated their desire for restricted numbers at Warrington. They also strongly favour Option 3 which will explore opening more areas to freedom camping with restricted vehicle numbers allowed. They have emphasised the need to welcome freedom campers to Dunedin and favour a solution that allows for this.
Mosgiel-Taieri Community Board does not support the funding of infrastructure for freedom campers if paid for by ratepayers. They have indicated support for such infrastructure and facilities if from a Central Government fund. |