Hearing Commissioner Dean Chrystal has granted the amended application for resource consent for the proposed electronic billboard at 332 Queen Street Richmond.
Notification of this decision has been sent directly to the applicant and all submitters.
Update 18 November 2024 – Hearing Closed
Hearing Commissioner Dean Chrystal has reviewed all information provided to him during the hearing process, and he is satisfied that no further information is required. Therefore, he has closed the hearing on 18 November 2024. His decision on the application will be issued within 15 working days.
The Commissioner’s Second Minute closing the hearing, can be accessed here:
Update 13 November 2024 – Applicants Submissions & Right of Reply
A hearing for this application was held as scheduled on Tuesday 5 November. After presentations from all of the parties, the Hearing Commissioner adjourned the hearing so that the applicant could provide a written right of reply, and also provide an updated set of draft conditions, by 12 November. That information has been received by Council and can be accessed here:
The next step is for the Commissioner to review the information provided to him and to determine whether he can close the hearing.
Update 31 October 2024 – Addendum to Section 42 Report
Firstly, no expert evidence was received from submitters. A statement was received from the NZ Transport Agency setting out their position regarding the amendments made to the application (refer to Update 10 October 2024 below).
On 11 October, the Hearing Commissioner issued a Minute directing that an Addendum to the s42A report be provided, to address the amendments made to the application. That Addendum with attachments can be accessed here:
The Council report and recommendation, referenced as ‘RM230535 - Attachment 1 – Section 42A report’, and accompanying attachments is now available as part of the pre-circulated evidence before the hearing.
On 8 October 2024, the applicant made amendments to their application to address matters raised by submitters, the amendments are broadly summarised as follows:
A re-orientation of the proposed billboard towards Gladstone Road northbound intersection approach.
A reduction of the nighttime maximum luminance level to 125cd/m2 rather than the 250cd/m2 proposed in the original application.
The construction of a ‘parapet’ behind the proposed billboard.
An increase in the dwell time of the image displayed from 8 seconds as proposed in the original application to a dwell time of 30 seconds.
New Information
The amendments outlined above are further detailed and explained in the linked documents below:
Expert evidence is considered to be evidence from independently qualified persons such as landscape architects, traffic engineers and planners.
There is no requirement for submitters to engage an expert. Submitters who do not intend to call expert witnesses do not have to comply with the timeframe below and will be able to present their own evidence at the hearing.
The hearing report and expert evidence is required to be made available within the following deadlines.
Key deadlines and evidence availability
The Council’s report and recommendation (section 42A report) is to be available (16 working days before the hearing) on this webpage by 9am on Friday 11 October 2024
Applicant’s evidence (11 working days before hearing) is due by 9.00am on Friday 18 October and to be available on this webpage by 4.00pm on Friday 18 October 2024.
Submitters’ expert evidence (5 working days before hearing) due by 4.00pm on Friday 25 October and to be available on this webpage by 12 noon on Tuesday 28 October 2024
The applicant and submitters who indicated that they want to be heard have been contacted individually regarding these requirements. Updates will be made to this webpage for each steps outlined above, with links to the reports and evidence that has been provided.
Update 14 August 2024
Council has received 27 submissions on this application. You can view the submissions via the links below. All of the submissions oppose the proposed billboard. Nine submitters have requested to be heard.
The applicant has confirmed that they want to proceed to a hearing, which is being arranged for the first week in November. Details about the hearing will be sent to the submitters who have requested to be heard. Further updates will be posted on this webpage when details of the hearing process are confirmed.
Tasman District Council has received the following application for resource consent.
Submissions closed at 5pm on Friday 9 August 2024.
Application details – RM230535
Applicant
Bekon Media Limited
Location
Site address: 332 Queen Street, Richmond
Legal Descriptions: Part Section 83 Waimea East DIST
Record of Title: NL1D/1120
Proposal
The application seeks approval to establish and operate a single-sided digital billboard for off-site advertising at 332 Queen Street Richmond, at the intersection of Queen Street and State Highway 6 (Richmond Deviation).
The proposal is for a billboard measuring 3.5m high and 7m wide (24.5m2), to be mounted above the northwestern parapet of the Pet Mart building on the site, above the west-facing angled wall, and facing west across the road intersection. The signage display will be located above the traffic signals of the adjoining intersection and will be advertising off-site activities. The sign will have a digital display meaning it will be visible outside of daylight hours.
Only still images will be displayed with a minimum duration of 8 seconds per image. There will be no transitions between still images apart from cross-dissolve of 0.5 seconds. The following will not be displayed:
Live broadcast or pre-recorded video;
Movement or animation of images;
Flashing images;
Sequencing of consecutive advertisements;
Images using graphics, colours or shapes in such a way that they could cause confusion or conflict with any traffic control device, nor invite or direct a driver to undertake an action.
The applicant has advised that no more than 10.0 lux spill (horizontal or vertical) of light when measured or calculated 2 meters within the boundary of any adjacent site and the display will not exceed 5,500cd/m² during daytime hours and 250cd/m² maximum and 150csd/m² maximum average during night-time hours. The applicant also volunteers that the display will incorporate a lighting control to automatically adjust the brightness of the display in line with ambient light levels.
No advertisement installed within the signage platform will mimic the design, shape or colour combinations of the traffic signals, with the Applicant happy to accept a condition to that effect.
Resource consent sought - RM230535
Signage Rules – Tasman Resource Management Plan (TRMP)
Land use consent is required for the establishment of an outdoor sign will not comply with the following conditions of Rule 16.1.4.1:
Rule 16.1.4.1(a) which requires a sign to be located and have the dimensions in accordance with Figure 16.1B. The sign will be located above the parapet of the building therefore is not consistent Figure 16.1B.
Rule 16.1.4.1(b) which requires a sign to meet conditions (b) to (h) of Rule 16.1.3.1. The proposal is for signage not related to activities being undertaken on the site, and is not of temporary nature, therefore does not meet 16.1.3.1(b).
Rule 16.1.4.1(c) requires a sign to comply with the requirement indicated in Figure 16.1B. The sign will be located above the parapet of the building to which it is attached and therefore does not comply with Figure 16.1B.
Rule 16.1.4.1(e)(i) Requires any sign painted on, or attached to, a building to be related to the activity operating therein (i.e. onsite advertising). The proposal is for off-site advertising.
Rule 16.1.4.1(e)(iii) Requires a sign to be no higher than the roof peak or parapet of that part of the building to which the sign is attached. The sign will be attached above the parapet.
Overall, the proposed sign requires resource consent for a Restricted Discretionary Activity per Rule 16.1.4.2 of the Tasman Resource Management Plan (TRMP).
Documents
You can see the application documents below.
If you have any questions about the application contact us by email at [email protected] or phone 03 543 8400.
Submissions closed at 5pm on Friday 9 August 2024.
Who
Any person may make a submission on the application, but a person who is a trade competitor of the applicant may do so only if that person is directly affected by an effect of the activity to which the application relates that—
a) adversely affects the environment; and
b) does not relate to trade competition or the effects of trade competition.
How
The submission must be in accordance with Form 13 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003.
You must also serve a copy of your submission on Bekon Media Limited (the applicant) as soon as reasonably practicable after serving your submission on Tasman District Council. The applicant’s contact details are:
Bekon Media Limited c/- Anita Collie – Town Planning Group [email protected] PO BOX 41046 Ferrymead Christchurch 8247
Read the following if you're thinking of making a submission:
The following applies if you are a trade competitor of the applicant.
Your right to make a submission may be limited by the trade competition provisions in Part 11A of the Resource Management Act 1991.
You can make a submission only if you are directly affected by an effect of the activity to which this application relates that:
adversely affects the environment, and
the effect does not relate to trade competition nor the effects of trade competition.
You must declare in your submission:
that you are a trade competitor for the purposes of section 308B of the Resource Management Act 1991, and
whether you are, or you are not directly affected by an effect of the activity to which this application relates that adversely affects the environment, and that the effect does not relate to trade competition nor the effects of trade competition.
You must have asked to speak at a hearing. If you will consider making a joint submission with any person presenting a submission simialr to yours, you must tell us that you're willing to make a joint submission under those circumstances.
As a submitter you can ask for this (see section 100A of the Resource Management Act 1991) by including the following with your submission:
I request (under section 100A of the RMA), that you delegate your functions, powers, and duties to hear and decide the application to one or more hearings commissioners who are not members of the local authority.
You can make this request separately from your submission as long as the Council recieves it in writing no later than 5 days after the end of the submission period.
If you do ask for this, you may be liable to meet or contribute to any extra costs from the use of a hearing commissioner or commissioners.
