22.1.3 Speed
Limit Bylaw Hearing Report
Doc ID: 582102
1. Purpose
of Report
To provide all responses
to the Speed Limit Bylaw 2022, including oral submissions, so the Hearings
Panel can make a recommendation to Council regarding the final form of the
Speed Limit Bylaw 2022.
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Recommendations
That the Hearings Committee
A. Receives
the report and accepts the level of significance.
B. Notes
the submissions and thanks all submitters for their contribution.
C. Considers
the submissions and decides on the action that should be taken.
D. Notes
a request will go to Council to transfer from the current bylaw process to
the new National Speed Limit Register process.
E. Recommends to Council the final form of the Speed
Limit Bylaw 2022, noting it is likely to transfer to the National Speed Limit
Register process.
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2. Background
Council approved the
Statement of Proposal for the proposed Speed Limit Bylaw 2022 for consultation
on 9 March 2022 (Resolution 22.2.2).
Consultation was open
from 11 March - 12 April 2022. The campaign had a good level of engagement
with:
· 1,879 aware
participants (those who viewed the information on the project page of the
consultation website),
· 1,469 informed
participants (those who viewed the project page, downloaded a document and/or
read an FAQ)
· 191 engaged
participants who completed the survey online.
In total, 207
submissions were received. This was made up of:
· 191 completed
online via Council’s Let’s Talk consultation website
· 11 hard copies
· 5 submissions
received via email
Initially, 37
respondents had indicated they would like to speak about their feedback at a
hearing. All 37 respondents were contacted after the date of the hearing had
been set to confirm their continued interest, with 22 scheduled to speak.
Full data from all
submissions and all supporting information provided has been attached in
appendixes 1-9.
A comprehensive
engagement report and demographic data have also been provided in appendixes 10
and 11.
3. Discussion
The
results from all submissions are:
· 37%
of respondents support the proposal
· 20%
of respondents do not support the proposal
· 43%
of respondents support the proposal in part
n = 207
Respondents were asked
to select as many ‘reasons’ as applicable from a list to explain
why they did or did not support the Bylaw. They were also given the option to
provide a reason of their own.
The applicable
‘reasons’ given are:
Themes
Key themes emerging from
those who selected ‘Yes’ include:
· Roads
are dangerous for cyclists
· Reduced
speeds are best for all road users
· Reduced
speed will improve fuel efficiency and reduce greenhouse emissions
· Reduced
speed promotes public health and safety
· The
road network needs improvement
· Current
speed settings (i.e. 100km or 50km) is too fast
Key themes emerging from
those who selected ‘No’ include:
· Current
speeds are safe and fair
· Lowering
speed limits will cause frustration
· Some
speed limits should be increased
· Drivers
are the problem, not speed limits
· The
roads themselves are dangerous not the speed
· A
waste of money with no benefit
· 80km/h
is still too high
· Most
drivers drive to the conditions
Key themes from those
who selected ‘In part’ include:
· Reduced
speeds will reduce greenhouse emissions
· Encourages
road safety
· Reduces
fuel consumption
· Road
shoulders are needed on roads to allow for all road users
· Don’t
reduce speed in Naseby
· Improve/provide
footpaths to move pedestrians off roads
· St
Bathans needs addressing
· Poor
driving behaviours
· Enforcement
of current speed limits is needed rather than change
· More
data and statistics needed before supporting the bylaw fully
· Increase
safety for pedestrians, cyclists, and horse riders
Feedback specific to
a location
In addition to these
general themes, many submitters made mention of specific locations. These
mentions fall into four broad categories:
· Locations
with specific support for the proposed speed limit reduction
· Locations
with a request for a further reduction in speed
· Locations
where a reduction in speed is not supported
· Locations
where an increase in speed is not supported
Locations with
specific support for the proposed speed limit reduction
Submissions made
specific mention of 9 locations when expressing support for the proposed Speed
Limit Bylaw 2022. These locations have been listed in Appendix 12, as Table 1.
Locations with a
request for a further reduction in speed
Locations consulted
on through Speed Limit Bylaw 2022
A further reduction in
speed limits was requested at 7 locations. The final recommendation for speed
limits at these locations is to be set by the Panel and would not require further
consultation.
New locations not
consulted on through Speed Limit Bylaw 2022
Submissions were
received requesting 28 new speed changes across the district. A summary of
these requests has been included in Appendix 12, as Table 2.
Technical advice has
been provided for each location, considering Waka Kotahi speed settings and
other factors.
The Local Government Act
requires Council to follow the special consultative process when making certain
decisions with significance to the community.
Although the new speed
locations have been suggested through consultation, the community has not had
an opportunity to consider the merits and impacts of each. Subsequently, many
of the new speed locations proposed would require a further round of
consultation to be carried out.
Advice on the
consultative requirement of each new speed limit location request has been
provided. This advice has been provided on the individual likelihood of the
proposal to require consultation on its own. Advice has been provided for every
suggestion or request raised in any submission, regardless of any technical
advice given.
A second round of
consultation on these locations has been accounted for and can be programmed if
required by the panel.
Locations where a
reduction in speed is not supported
34 locations were
mentioned in submissions where a reduced speed limit was not supported. The
final recommendation for speed limits at these locations is to be set by the
Panel. The locations have been outlined in Appendix 12, Table 3.
Technical adjustments
Some technical
adjustments need to be made to the bylaw in two locations, as a result of
advice received throughout the process addressing errors made previously.
A full list has been
attached as Appendix 13. Each of these has been analysed for their likelihood
to trigger the need for consultation.
Any consultation
requirements would be managed in line with the approach outlined above.
Feedback relation to
State Highways
22 submissions provided feedback
relating to State Highways, including speed setting, driver behaviour, road
conditions, and the administration of them.
This feedback was collated and
provided to Waka Kotahi.
Changes to
legislative environment
The new Land Transport
Rule: Setting of Speed Limits 2022 came into force on 19 May 2022. The new rule
provides a new process, the National Speed Limit Register, as the legal
mechanism for speed limit changes.
The new rule had been
signalled and consulted on but delayed on several occasions. Given the risk of
further delay, and the need to update a number of speed limit settings, Council
chose to proceed with a Speed Limit Bylaw under the existing rule; with an
intention to transfer to the new rule if it came into force during the process.
As the new rule is now
in place, a paper will go the July Council meeting noting the change in the
legislative process and provide advice on transferring the draft Speed Bylaw
and the feedback received to date into the new National Speed Limit
Register.
The implications of the
change in process are not expected to impact the community or the consultative
process. They involve technical adjustments to the way speed limits are managed
and administered and will be managed entirely by staff.
The hearing should
proceed under the bylaw process, with the understanding it will likely transfer
and go into effect under the new process.
The new speed limits
would still go into force at 00.01 on 1 August 2022 with any further changes
amended to the bylaw (or National Speed Limit Register) at a future date to be
determined.
4. Financial
Considerations
All decision making can be accommodated under
current budgets. All signage and maintenance considerations have been accounted
for.
The cost of further consultation could be undertaken
under current budgets. Consultation is proposed for a Central Otago School
Speed Zone National Speed Limit Register update in the first quarter of 2023
(or before) and the two processes could be combined.
There are significant budgetary implications
attached to some suggestions received in submissions, including proposals
suggesting changes to road maintenance levels or engineering solutions to
address the physical layout of some roads. Some of these suggestions would individually
exceed annual budgets.
5. Options
Option 1 –
(Recommended)
Consider
the submissions and recommend to Council the action the Panel would like taken
as a result of the submissions.
Advantages:
· Follows
due process as set out in the Local Government Act 2002.
· Enables
the Panel to hear and consider community views before making a recommendation
to Council.
· Meets
the expectations of the community.
Disadvantages:
· None identified
Option 2
Do not consider the submissions and recommend to
Council the action the Panel would like taken as a result of the submissions.
Advantages:
None identified.
Disadvantages:
· Does
not follow due legal process.
· Does
not meet the expectations of the community.
6. Compliance
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Local Government Act 2002 Purpose Provisions
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This decision enables democratic local decision making and action
by, and on behalf of communities by recommending changes to the proposed
bylaw as a result of community consultation.
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Decision consistent with other Council plans and policies? Such as
the District Plan, Economic Development Strategy etc.
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The decision is consistent with other Council plans and policies.
The decision is consistent with guidance and direction from Waka
Kotahi.
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Considerations as to sustainability, the environment and climate
change impacts
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Sustainability
and climate change impacts have been raised in submissions, including
greenhouse gas emissions and the impact of speed limits on
walking, cycling, and other active modes of transport.
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Risks Analysis
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The proposed bylaw seeks to reduce the risk to health and safety
on the district roading network. The bylaw proposal was constructed based on
this approach, following national guidance. There is some risk in health and
safety settings when recommending changes to some speed settings. Technical
advice has been provided to help mitigate this risk.
Some submissions have requested lower speed limits be considered
on streets that were not included in the original bylaw proposal. There is
some risk in making changes in these locations without sufficient
consultation with other affected parties. Policy advice has been given on
each suggested change to mitigate this risk.
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Significance, Consultation and Engagement (internal and external)
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The hearing is part of the consultation process under the Local
Government Act 2002 and Council’s Significance and Engagement Policy.
Some further decision making will require additional consultation
under both the Act and the Policy.
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7. Next
Steps
The
recommendations from the Hearing Panel will be considered by Council at the
July 2022 meeting.
Any
changes formalised at that meeting will go into effect on 1 August 2022.
Arrangements are in place for all physical changes to be made prior.
Communications
and engagement will be carried out to ensure the community are aware of the
changes.
Any
decisions requiring further consultation will be developed into a singular
proposal for consultation in either the fourth quarter 2022 or the first
quarter 2023.
8. Attachments
Appendix 1 - Table of all
submissions received ⇩
Appendix 2 - Table of supporting
information provided by submitters ⇩
Appendix 3 - Supporting
information Michael Hope ⇩
Appendix 4 - Supporting
information Brian Kirk ⇩
Appendix 5 - Supporting
information Amanda Beaumont ⇩
Appendix 6 - Supporting
information Public Health South ⇩
Appendix 7 - Supporting
information Julie Cairns ⇩
Appendix 8 - Supporting
information Little Valley Road [1] ⇩
Appendix 9 - Supporting
information Little Valley Road [2] ⇩
Appendix 10 - Consultation
Engagement Report ⇩
Appendix 11 - Consultation
demographic data ⇩
Appendix 12 - Streets
specified in submitter feedback ⇩
Appendix 13 - Technical
adjustments ⇩
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Report
author:
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Reviewed
and authorised by:
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Alix
Crosbie
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Saskia
Righarts
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Senior
Strategy Advisor
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Chief
Advisor
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26/05/2022
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30/05/2022
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