Consultation is now open on the review of the Control of Advertising Signs Bylaw 2005.
The closing date for submissions is Friday 13 October 2017 at 5pm.
Council wishes to retain the Bylaw in its current form as it will ensure adequate controls are retained to meet public expectations around the use of signs within Upper Hutt. The Council did not wish to consult on significant changes to the Bylaw at this time because a review of the signs provisions in the Upper Hutt District Plan is currently underway. The District Plan review is expected to be completed sometime in 2018. With this District Plan review in mind, it is possible that the content of the Bylaw might need to change. If so, Council will address any future changes that might be required to the Bylaw in a separate consultation process in 2018.
The Statement of Proposal for the Bylaw outlines what is proposed and why in terms of retaining the Bylaw in its current form.
What is the Control of Advertising Signs Bylaw 2005?
The Control of Advertising Signs Bylaw 2005 is made under the Local Government Act 2002 and is regulated by that Act and the Bylaws Act 1910. The proposed Bylaw seeks to ensure that signs are erected, maintained and displayed in such a manner that they do not present a hazard or a danger to public safety, do not cause offence or other unwanted consequences, do not constitute a nuisance and do not unreasonably obstruct public places. The Bylaw sets out what action needs to be taken to comply with it, for example, whether prior written permission of the Council is required. The Bylaw also allows for some flexibility by including the power of the Council to issue dispensations or exemptions from the controls in the Bylaw. In addition, the Bylaw contains enforcement powers relating to the repair and removal of signs.
What is a bylaw?
A bylaw is a rule or regulation made by a local authority such as the Upper Hutt City Council. The Local Government Act 2002 empowers the Council to make bylaws. The Act stipulates that the Council must first determine that a bylaw is the most appropriate way of addressing the particular problem and it then prescribes a procedure for making a bylaw. Council also has to review its bylaws every ten years.
The bylaw review process
- The Control of Advertising Signs Bylaw was reviewed by Council officers. The review considered the problems to be addressed by the Bylaw, and whether the Bylaw was the right tool and in the most appropriate form to effectively address the problems identified.
- A draft version of the review Bylaw is adopted by Council for consultation and made available for the public to make submissions. A hearing may be required to present submissions to Council.
- After the consultation is completed and the Bylaw is finalised, it will be presented to the Council to formally adopt and to take effect.
- Council will inform the public at each of these stages.
If you have any questions about the review process, please contact Rachel Chrystall, Policy Advisor. Email Rachel.Chrystall@uhcc.govt.nz or call (04) 527 2169
Bylaws recently reviewed
Between December 2016 and September 2017 Council completed a review of the following seven bylaws:
- Public Places Bylaw 2005 –
- Trading in Public Places Bylaw 2005 –
- Keeping of Stock, Poultry and Bees Bylaw 2005 – amended and adopted on 17 May 2017
- Urban Fire Prevention Bylaw 2005 – amended and adopted on 17 May 2017
- Traffic and Parking Bylaw 2005 – amended and adopted on 17 May 2017
- Community facilities Bylaw 2005 – revoked on 5 April 2017
- Solid Waste Bylaw 2005 – revoked on 5 April 2017
These and other current bylaws can be viewed on Council’s website.