Notice of Meeting:

I hereby give notice that an ordinary meeting of the Regulatory Subcommittee will be held on:

Date:                                                    Thursday 8 April 2021

Time:                                                   9.00 am

Venue:                                                Edinburgh Room, Municipal Chambers, The Octagon, Dunedin

Sandy Graham

Chief Executive Officer

Regulatory Subcommittee

Dangerous and Insanitary Buildings Policy Review

PUBLIC AGENDA

MEMBERSHIP

Chairperson	Cr Andrew Whiley
Members	Cr Carmen Houlahan	Cr Lee Vandervis

  Senior Officer                                               Simon Pickford, General Manager Community Services

  Governance Support Officer                  Rebecca Murray

Rebecca Murray

Governance Support Officer

Telephone: 03 477 4000

rebecca.murray@dcc.govt.nz

www.dunedin.govt.nz

Note: Reports and recommendations contained in this agenda are not to be considered as Council policy until adopted.

Regulatory Subcommittee 8 April 2021

ITEM TABLE OF CONTENTS                                                                                                                                         PAGE

1             Apologies                                                                                                                                                                    4

2             Confirmation of Agenda                                                                                                                                        4

3             Declaration of Interest                                                                                                                                           5      

Part A Reports (Subcommittee has power to decide these matters)

4 Results of consultation on review of Dangerous and Insanitary Buildings Policy                             9             

Regulatory Subcommittee 8 April 2021

1          Apologies

At the close of the agenda no apologies had been received.

2          Confirmation of agenda

Note: Any additions must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.

Regulatory Subcommittee 8 April 2021

Declaration of Interest

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.

RECOMMENDATIONS

That the Subcommittee:

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

	Title	Page
⇩a	Dangerous and Insanitary Buildings Policy Regulatory Subcommittee Register of Interest	7

Regulatory Subcommittee 8 April 2021

Regulatory Subcommittee 8 April 2021

Part A Reports

Results of consultation on review of Dangerous and Insanitary Buildings Policy

Department: Customer and Regulatory Services

EXECUTIVE SUMMARY

1          The report presents a summary of the one submission received on the review of the Dangerous and Insanitary Buildings Policy (the Policy) to the Regulatory Subcommittee (the Subcommittee). 

2          The one submitter did not agree with the proposed Dangerous, Insanitary and Affected Buildings Policy. The submitter did not wish to be heard.

RECOMMENDATIONS

That the Subcommittee:

a)     Considers the submission on the review of the Dangerous and Insanitary Buildings Policy.

b)     Makes recommendations to the Council on the Dangerous and Insanitary Buildings Policy.

BACKGROUND

Legislation

3          Section 131 of the Building Act 2004 (the Act) requires territorial authorities to adopt a policy on dangerous and insanitary buildings within its district.  The policy must state:

·        The approach that Dunedin City Council will take in performing its functions under the Act

·        Its priorities in performing these functions and

·        How the policy will apply to heritage buildings.

4          Policies must be reviewed within five years of the policy being adopted and then at intervals of not more than five years. A policy does not cease to have effect because it is due for review or being reviewed.

5          The special consultative procedure must be used if the policy is amended or replaced.

6          The Building Amendment Act 2013 also requires that policies on dangerous and insanitary buildings take into account affected buildings. An affected building is one that is adjacent, adjoining or nearby a dangerous building or dangerous dam.

Policy history

7          In 2018, the Council reviewed the Dangerous and Insanitary Buildings Policy. Inadvertently, affected buildings were not included as part of that review.

DISCUSSION

8          The special consultative procedure was used for the policy review, as required by the Act. Formal consultation took place from 25 January - 26 February 2021.

9          Consultation included information on the Dunedin City Council website and in the Otago Daily Times noticeboard.

Results of consultation

10        One submission was received which did not agree with the proposed Dangerous, Insanitary and Affected Buildings Policy.

General support

11        The submission form asked: Overall, do you agree with the proposed Dangerous, Insanitary and Affected Buildings Policy? and Why/Why not?  The one submitter did not agree and would like to see firmer action on the cleaning up of dangerous and insanitary sites.

General comments

12        The submission form asked: Do you have any other comments about the proposed Dangerous, Insanitary and Affected Buildings Policy? The submitter suggested including timeframes for action, and that demolition by neglect should be dealt with in a timely manner.

Staff comments

13        The issues of demolition by neglect or cleaning up of sites are issues outside the scope of this Policy and the Act. The Council provides other avenues to discourage demolition by neglect e.g. heritage grants. Depending on the circumstances, other legislation or policies may be more appropriate to manage these issues e.g. the Health Act.

14        Case law has been clear that the provision of what is ‘dangerous’ and/or ‘insanitary’ is a high threshold. For example, a simple tarpaulin may stop a building with a leaking roof being classed as insanitary and on private land, with no other building affected, a danger can be mitigated through a barrier fence.

OPTIONS

15        There are no options to this report as the purpose is to present the summary of submissions.

NEXT STEPS

16        Next steps are for the Subcommittee to consider consultation results and make recommendations to the Council regarding the Dangerous and Insanitary Buildings Policy.

Signatories

Author:	Neil McLeod - Principal Advisor – Building Solutions Anne Gray - Policy Analyst
Authoriser:	Paul Henderson - Acting Group Manager Customer and Regulatory Services Simon Pickford - General Manager Community Services

Attachments

There are no attachments for this report.

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities.

This decision promotes the social well-being of communities in the present and for the future.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☐	☐	☒
Environment Strategy	☐	☐	☒
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☐	☐	☒
Spatial Plan	☒	☐	☐
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☐	☐	☒
Other strategic projects/policies/plans	☐	☐	☒

This Policy review contributes to the priorities of healthy and safe people within the Social Wellbeing Strategy and liveable city within the Spatial Plan.

Māori Impact Statement

There are no specific impacts for tangata whenua.

Sustainability

There are no specific implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for these documents.

Financial considerations

There are no financial implications.

Significance

This decision is considered low in terms of the Council’s Significance and Engagement Policy.

Engagement – external

The special consultative procedure was used to review this Policy, as required by the Act.

Engagement - internal

There has been no internal engagement.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There is no conflict of interest.

Community Boards

There are no specific implications for Community Boards.