Notice of Meeting:
I hereby give notice that an ordinary meeting of the
Customer & Regulatory Services Committee will be held on:
Date: Tuesday
7 March 2023
Time: 2.30
pm
Venue: Council
Chamber, Dunedin Public Art Gallery, The Octagon, Dunedin
Sandy Graham
Customer & Regulatory Committee
PUBLIC AGENDA
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Chairperson
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Cr Carmen Houlahan
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Deputy Chairperson
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Cr Andrew Whiley
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Members
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Cr Bill Acklin
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Cr Sophie Barker
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Cr David Benson-Pope
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Cr Christine Garey
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Cr Kevin Gilbert
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Cr Marie Laufiso
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Cr Cherry Lucas
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Cr Mandy Mayhem
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Cr Jim O'Malley
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Mayor Jules Radich
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Cr Lee Vandervis
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Cr Steve Walker
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Cr Brent Weatherall
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Senior Officer Claire
Austin, General Manager Customer and Regulatory
Governance Support Officer Jennifer
Lapham
Jennifer Lapham
Governance Support Officer
Telephone: 03 477 4000
governance.support@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.
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Customer & Regulatory
Committee
7 March 2023
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ITEM TABLE OF CONTENTS PAGE
1 Opening 4
The
meeting will open with a Karakia Timatanga
2 Public
Forum 4
3 Apologies 4
4 Declaration
of Interest 5
Part
A Reports (Committee has power to decide these matters)
5 Customer
and Regulatory Committee Forward Work Programme - March 2023 14
6 Proposed
Road Stopping: Napier Street 19
7 Proposed
Road Stopping: Whites Road, Seacliff 26
8 Karakia
Whakamutunga
The meeting will close with a Karakia Whakamutunga.
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Customer & Regulatory
Committee
7 March 2023
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1 Opening
The
meeting will be opened with a karakia timatanga.
2 Public
Forum
At the close of the agenda no requests
for public forum had been received.
3 Apologies
At the close of the agenda no
apologies had been received.
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Customer & Regulatory Services Committee
7 March 2023
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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.
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RECOMMENDATIONS
That the Committee:
a) Notes/Amends if necessary the Interest
Register attached as Attachment A; and
b) Confirms/Amends the proposed management plan for
Elected Members' Interests.
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Attachments
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Title
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Page
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⇩a
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Register of Interest
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6
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Customer & Regulatory Services Committee
7 March 2023
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Customer & Regulatory Services Committee
7 March 2023
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Part
A Reports
Customer and Regulatory Committee Forward Work
Programme - March 2023
Department: Civic
EXECUTIVE SUMMARY
1 The
purpose of this report is to provide a regular update of the Customer and
Regulatory Committee forward work programme to show areas of activity, progress
and expected timeframes for decision making across a range of areas of work.
(Attachment A).
2 As
this is an administrative report only, there are no options or Summary of
Considerations.
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RECOMMENDATIONS
That the Committee:
a) Notes the Customer and Regulatory Committee forward work
programme as shown in Attachment A.
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DISCUSSION
3 The
forward work programme will be a regular agenda item which shows areas of
activity, progress and expected timeframes for decision making across a range
of areas of work.
4 As
an update report, purple highlights show changes to timeframes. New Items
added to the schedule will be highlighted in yellow. Items that have been
completed or updated are shown as bold.
Signatories
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Author:
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Jenny Lapham - Governance Support Officer
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Authoriser:
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Claire Austin - General Manager Customer and Regulatory
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Attachments
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Title
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Page
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⇩a
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Forward Work Programme
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17
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Customer & Regulatory Services Committee
7 March 2023
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Customer & Regulatory Services Committee
7 March 2023
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Proposed Road Stopping: Napier Street
Department: Transport
EXECUTIVE SUMMARY
1 The
owners of 5 Napier Street Dunedin have applied to have a section of legal road
adjoining their property stopped and amalgamated with their adjoining property.
2 This
report seeks a resolution of the Committee to publicly notify the
Council’s intention to stop the road, under section 342 and Schedule 10
of the Local Government Act 1974.
BACKGROUND
3 The
owners of 5 Napier Street have identified an area of legal road fronting their
property which they wish to own to better utilise this land. They have been occupying and maintaining this area under a
‘Licence to Occupy’ for several years.
DISCUSSION
4 The
proposed road stopping is a portion of Napier Street it is legal road and is
sloped berm. The area is shown in the aerial photograph below.
5 This
portion of road fronts 5 Napier Street and is formed as a slope below the
footpath. It is approximately 23m long and 5m wide and has an area of
approximately 120m2.
6 The
unformed road is crossed by a privately formed driveway and the property owners
have fenced-off a portion. This current use is regularised by a Licence to
Occupy.
7 This
portion of proposed road stopping is consistent with a previous road stopping
nearby at 11 Napier Street which was the subject of a previous road
stopping in 2005, and as such, forms a consistent boundary.
8 The
road is classified as a Local Road under the 2GP and carries 1020 vehicles per
day on an annual average basis. The proposed legal width would be
approximately 15.5m (subject to survey) which is slightly less than the 16m
width required under the Dunedin Code of Subdivision. However, this is
considered acceptable in this location as there is no anticipated need for the
land for road. Also, the nearby narrower portion of road effectively sets
the width.
9 There
is no known public use of the area of road in question for access to any
property except to the applicant’s land.
10 For
these reasons the road is not required for current or future transportation
needs.
11 Preliminary
consultation has been conducted with adjacent property owners, Utility
Operators, and relevant Council departments. This has not raised any likely
objections.
12 Aurora
has identified the possible need for an easement to protect the service lead to
a neighbouring property and this will be confirmed when the survey work is
undertaken.
13 The
aerial photograph below indicates the proposed stopped road.
14 If
the recommendation in this report is approved:
· The
applicant will be invoiced the non refundable road stopping fee and will be
required to sign a conditional sale and purchase agreement.
· In
accordance with Schedule 10 of the Local Government Act 1974 staff will:
i) procure
a survey and valuation of the land; and
ii) publicly
notify the proposed road stopping for a period of 40 days.
· A
further report will be prepared for the Committee advising on the outcome of
the public notification process and recommending whether the road stopping
should proceed.
· If
the road stopping is concluded successfully the land will be transferred to and
amalgamated with the applicants’ land. Applicable adjustments to the
applicants’ rates accounts will be made from the start of the financial
year following the issue of the new amalgamated titles.
· Paying
the Council the actual costs incurred for the road stopping, regardless of
whether or not the stopping reaches a conclusion, and the market value of the
stopped road, assessed by the Council’s valuer.
OPTIONS
Option
One – Proceed with road stopping process
15 As
there appears to be no impediments to the proposal, the Committee may proceed
to publicly notify the proposed road stopping.
Advantages
· The
proposal enables the applicant to own the adjoining area of unformed legal
road, which improves land utilisation and increases the area of rateable land.
· The
extent of public interest in the land will be considered during the public notification
process.
Disadvantages
· The
land would be unavailable for any potential future public use or as a utility
corridor, other than for those utilities whose existing assets will be
protected by easements or by landowner permission.
Option
Two – Status Quo
16 The
Committee resolves not to proceed to publicly notify the intention to stop the
road.
Advantages
· The
land would retain its legal road status and remain available for potential
future public or utility use if required.
Disadvantages
· The
land would retain its legal road status but would remain unformed unless
required for a road purpose. Land utilisation would be restricted, and the land
would remain non-rateable.
NEXT STEPS
17 If
the recommendation is approved, the applicant will be required to pay the road
stopping processing fee and enter into conditional sale and purchase
agreements. Staff will manage valuation and survey work and will publicly
notify the proposal before reporting back to the Committee.
Signatories
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Author:
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Michael Tannock - Transport Network Team Leader
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Authoriser:
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Jeanine Benson - Group Manager Transport
Simon Drew - General Manager Infrastructure and
Development
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Attachments
There are no attachments for this report.
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SUMMARY OF CONSIDERATIONS
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Fit with purpose
of Local Government
This proposal relates to providing a regulatory function
and it is considered good-quality and cost-effective.
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Fit with strategic
framework
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Contributes
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Detracts
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Not applicable
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Social Wellbeing Strategy
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☐
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☐
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☒
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Economic Development Strategy
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☐
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☐
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☒
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Environment Strategy
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☐
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☐
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☒
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Arts and Culture Strategy
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☐
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☐
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☒
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3 Waters Strategy
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☐
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☐
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☒
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Spatial Plan
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☐
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☐
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☒
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Integrated Transport Strategy
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☐
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☐
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☒
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Parks and Recreation Strategy
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☐
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☐
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☒
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Other strategic projects/policies/plans
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☐
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☐
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☒
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There is no contribution specifically relating to the
strategic framework. However as per paragraph 3, the application seeks
to efficiently use land which will contribute to economic development.
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Māori Impact
Statement
There are no known impacts for tangata
whenua.
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Sustainability
Proactive management of the
transportation network supports social and economic sustainability.
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LTP/Annual Plan /
Financial Strategy /Infrastructure Strategy
There are no implications.
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Financial
considerations
There are no financial impacts as the
process is cost neutral and proceeds of sale are expected to be reasonably
modest in this case.
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Significance
This decision is considered of low
significance under Council’s Significance and Engagement Policy.
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Engagement –
external
Initial consultation has been undertaken
with Chorus NZ, Vodafone NZ, 2degrees Mobile, Aurora Energy Limited, Vocus
Communications (FX Networks), Genesis Energy (gas) and adjacent
landowners. No objections have been received at this time and only Aurora
has identified any requirements.
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Engagement -
internal
Transport, Parks,
Regulatory Services, City Development, Property, and 3 Waters have been
consulted.
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Risks: Legal /
Health and Safety etc.
There are no known significant
risks.
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Conflict of Interest
There is no known conflict/s of interest.
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Community Boards
This is not in a Community Board area.
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Customer & Regulatory Services Committee
7 March 2023
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Proposed Road Stopping: Whites Road, Seacliff
Department: Transport
EXECUTIVE SUMMARY
1 The
owner of 61 Whites Road, Seacliff, has applied to have a section of unformed
legal road within their property, stopped
2 This
report seeks a resolution of the Committee to publicly notify the
Council’s intention to stop the road, under section 342 and Schedule 10
of the Local Government Act 1974.
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RECOMMENDATIONS
That the Committee:
a) Approves public notification of the
Council’s intention to stop a portion of legal road at 61 Whites Road,
Seacliff, subject to the applicant agreeing to:
i) Paying the Council the non refundable
fee for processing the road stopping.
ii) Paying the Council the actual costs
incurred for the stopping, regardless of whether or not the stopping reaches
a conclusion, and the market value of the stopped road, assessed by the
Council’s valuer.
iii) Amalgamating the stopped portion of road
with the titles of the adjacent land that is owned by the applicant, being
the land contained within Record of Title OT263/276.
iv) Accepting the application of the
standards contained within the Dunedin City Council Code for Subdivision and
Development to the stopped road.
v) Registering any easements over the stopped
portion of road in favour of utility companies (if required by the utility
company).
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BACKGROUND
3 The
owner of 61 Whites Road, Evansdale has identified an area of unformed legal
road which is enclosed on three sides by their property which they wish to own
to better utilise their land.
DISCUSSION
4 The
proposed road stopping is an unformed portion of road, shown in the aerial
photographs below.
5 Whites
Road itself is a formed metalled road which is maintained by DCC and extends
from State Highway 1 for a distance of approximately 617m. This formed
road does not connect with any other roads. The average annual daily traffic on
this road is estimated to be 20 vehicles.
6 The
road which is proposed to be stopped is unformed and runs from a point beyond
the end of the formed Whites Road. It runs along a hillside which is steep and
boggy in part, for a distance of about 230m. It is approximately 20m wide
and has an area of approximately 4622m2.
7 The
unformed road proposed to be stopped does not connect to any other roads and is
surrounded on three sides by the applicant’s land.
8 The
applicant has been granted resource consent to subdivide their property.
The scheme plan for the subdivision is copied below:
9 There
is no known public use of the road in question.
10 For
these reasons the road is not required for current or future transportation
needs.
11 The
applicant has stated in their application that that there are no utilities
affected and has not contacted adjacent property owners as there are none that
front to the unformed road in question. The Waikouiti Coast Community Board
have been informed of the proposed road stopping.
12 As
the land is zoned rural, the proposed road stopping will require Minister of
Lands Consent.
13 If
the recommendation in this report is approved:
· The
applicant will be invoiced the non refundable road stopping fee and will be
required to sign a conditional sale and purchase agreement.
· In
accordance with Schedule 10 of the Local Government Act 1974 staff will:
i) procure
a survey and valuation of the land; and
ii) publicly
notify the proposed road stopping for a period of 40 days.
· A
further report will be prepared for the Committee advising on the outcome of
the public notification process and recommending whether the road stopping
should proceed.
· If
the road stopping is concluded successfully, the land will be transferred to,
and amalgamated with, each of the applicant’s adjoining land. Applicable
adjustments to the applicants’ rates accounts will be made from the start
of the financial year following the issue of the new amalgamated titles.
· Paying
the Council the actual costs incurred for the stopping, regardless of whether
or not the stopping reaches a conclusion, and the market value of the stopped
road, assessed by the Council’s valuer.
OPTIONS
Option
One – Proceed with road stopping process
14 As
there appears to be no impediments to the proposal, Council may proceed to
publicly notify the proposed road stopping.
Advantages
· The
proposal enables the applicant to own the adjoining area of unformed legal road
which improves land utilisation and increases the area of rateable land.
· The
extent of public interest in the land will be considered during the public
notification process.
Disadvantages
· The
land would be unavailable for any potential future public use or as a utility
corridor, other than for those utilities whose existing assets will be
protected by easements or by landowner permission.
Option
Two – Status Quo
15 Council
resolves not to proceed to publicly notify the intention to stop the road.
Advantages
· The
land would retain its legal road status and remain available for potential
future public or utility use if required.
Disadvantages
· The
land would retain its legal road status but would remain unformed unless
required for a road purpose. Land utilisation would be restricted, and the land
would remain non-rateable.
NEXT STEPS
16 If
the recommendation is approved, the applicant will be required to pay the road
stopping processing fee and enter into a conditional sale and purchase
agreement. Staff will manage valuation and survey work and will publicly
notify the proposal before reporting back to the Committee.
Signatories
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Author:
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Michael Tannock - Transport Network Team Leader
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Authoriser:
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Jeanine Benson - Group Manager Transport
Simon Drew - General Manager Infrastructure and Development
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Attachments
There are no attachments for this report.
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SUMMARY OF CONSIDERATIONS
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Fit with purpose
of Local Government
This proposal relates to providing a regulatory function
and it is considered good-quality and cost-effective.
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Fit with strategic
framework
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Contributes
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Detracts
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Not applicable
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Social Wellbeing Strategy
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☐
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☐
|
☒
|
|
Economic Development Strategy
|
☐
|
☐
|
☒
|
|
Environment Strategy
|
☐
|
☐
|
☒
|
|
Arts and Culture Strategy
|
☐
|
☐
|
☒
|
|
3 Waters Strategy
|
☐
|
☐
|
☒
|
|
Spatial Plan
|
☐
|
☐
|
☒
|
|
Integrated Transport Strategy
|
☐
|
☐
|
☒
|
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Parks and Recreation Strategy
|
☐
|
☐
|
☒
|
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Other strategic projects/policies/plans
|
☐
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☐
|
☒
|
There is no contribution specifically relating to the
strategic framework. However as per paragraph 3, the application seeks
to efficiently use land which will contribute to economic development.
|
|
Māori Impact
Statement
There are no known impacts for tangata
whenua.
|
|
Sustainability
Proactive management of the
transportation network supports social and economic sustainability.
|
|
LTP/Annual Plan /
Financial Strategy /Infrastructure Strategy
There are no implications.
|
|
Financial
considerations
There are no financial impacts as the
process is cost neutral and proceeds of sale are expected to be reasonably modest
in this case.
|
|
Significance
This decision is considered of low
significance under Council’s Significance and Engagement Policy.
|
|
Engagement –
external
Initial consultation has been undertaken
with Chorus NZ, Vodafone NZ, 2degrees Mobile, Aurora Energy Limited, Vocus
Communications (FX Networks), Genesis Energy (gas) and adjacent
landowners. No objections have been received at this time.
|
|
Engagement - internal
Transport, Parks,
Regulatory Services, City Development, Property, and 3 Waters have been
consulted.
|
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Risks: Legal /
Health and Safety etc.
No known significant risks.
|
|
Conflict of
Interest
There is no conflict of interest.
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Community Boards
The Waikouaiti Coast Community Board has been informed.
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