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AGENDA

Ordinary meeting of the

 

Sports and Recreation Committee to deliberate on submissions to the Proposed Reserve Revocation – Emano East Reserve

 

Tuesday 9 May 2017

Commencing at 1.30pm

Council Chamber

Civic House

110 Trafalgar Street, Nelson

 

 

Membership: Councillor Tim Skinner (Chairperson), Her Worship the Mayor Rachel Reese, Councillors Ian Barker, Mel Courtney, Kate Fulton, Brian McGurk, Mike Rutledge (Deputy Chairperson) and Stuart Walker


Guidelines for councillors attending the meeting, who are not members of the Committee, as set out in Standing Orders:

·      All councillors, whether or not they are members of the Committee, may attend Committee meetings (SO 2.12.2)

·      At the discretion of the Chair, councillors who are not Committee members may speak, or ask questions about a matter.

·      Only Committee members may vote on any matter before the Committee (SO 3.14.1)

It is good practice for both Committee members and non-Committee members to declare any interests in items on the agenda.  They should withdraw from the room for discussion and voting on any of these items.

 


N-logotype-black-wideSports and Recreation Committee

9 May 2017

 

 

Page No.

 

1.       Apologies

Nil

2.       Confirmation of Order of Business

3.       Interests

3.1      Updates to the Interests Register

3.2      Identify any conflicts of interest in the agenda

4.       Confirmation of  Minutes                                              5 - 9

4.1      21 February 2017 – Hearing of Submissions

Document number R7614

Recommendation

That the Committee

Confirms the minutes of the meeting of the Sports and Recreation Committee to Hear Submissions to the Proposed Reserve Revocation – Emano East Reserve, held on 21 February 2017, as a true and correct record.

5.       Emano East Reserve Revocation - Deliberations Report 10 - 34

Document number R7657

Recommendation

That the Committee

Receives the report Emano East Reserve Revocation - Deliberations Report (R7657) and its attachments (A1715601and A1750246); and

Receives two further submissions (12229 and 12239) (A1745390) that were not made available at the Hearing on 21 February 2017.

 

Recommendation to Council

That the Council

Approves that, having considered the community feedback, the proposed revocation of Emano East Reserve (Lot 1 DP4341) proceed to the Minister of Conservation for approval; and

Approves that, following revocation of the Emano East Reserve, a portion of the land is sold with the balance retained for a walkway.

         

 

 

   



 


 


 


 

   


 

Sports and Recreation Committee

9 May 2017

 

 

REPORT R7657

Emano East Reserve Revocation - Deliberations Report

     

 

1.       Purpose of Report

1.1      To consider community feedback regarding the proposed revocation of the reserve status of the Emano East Reserve.    

2.       Summary

2.1      On 8 September 2016 Council resolved that the Emano East Reserve was surplus to requirements and it was delegated to the Chief Executive to commence the process to remove the reserve status. 

2.2      Submissions were received and hearings heard by the Sports and Recreation Committee on 21 February 2017.

 

3.       Recommendations

That the Committee

Receives the report Emano East Reserve Revocation - Deliberations Report (R7657) and its attachments (A1715601and A1750246); and

Receives two further submissions (12229 and 12239) (A1745390) that were not made available at the Hearing on 21 February 2017.

Recommendation to Council

That the Council

Approves that, having considered the community feedback, the proposed revocation of Emano East Reserve (Lot 1 DP4341) proceed to the Minister of Conservation for approval; and

Approves that, following revocation of the Emano East Reserve, a portion of the land is sold with the balance retained for a walkway.

 

 

 

4.       Background

4.1      The Emano East Reserve is located to the south-eastern side of Emano Street, close to the end of the formed road. The 7,664m2 block consists of sloping land with a north-west aspect. The land is generally steeply graded (up to 30 degrees) with shallower grades present on the lower (north-western) and upper (south-eastern) extents of the property. There is an approximately 40m elevation difference over the site. The vegetation consists of mature gum trees on the upper slopes, additional mature trees flank the south-western boundary, an established area of shrubs/trees are on the north-eastern boundary, while the steeply graded ground in the centre is planted with young native trees and shrubs. An aerial view of the Reserve is Attachment 1.

4.2      Emano East Reserve was identified as potentially surplus in 1993. Legal advice was sought and a process to revoke the reserve status was commenced. A new Title was issued but the revocation did not proceed. 

4.3      Emano East Reserve was again identified as potentially surplus in the Property Assets Review in 2015. The Commercial Subcommittee recommended, on 5 May 2015, that a more detailed assessment be undertaken of a number of properties, including the Emano East Reserve. Council subsequently resolved that four properties, including Emano East Reserve, undergo detailed assessment.

4.4      A business case was completed and the Detailed Property Assessment: Emano was presented to the Commercial Subcommittee meeting of 4 August 2016 in Public Excluded. The Reserve was not seen as fulfilling a recreational or environmental need in the area. Other, more developed and useable, Reserves were close by. The Subcommittee recommended to Council that the land be declared surplus and the process commence to revoke the Reserve status. This was to allow the land to be considered for other uses.

4.5      On 8 September 2016 the Council resolved that the Emano East Reserve was surplus to requirements and delegated the Chief Executive authority to commence the process to remove the reserve status. 

5.       Discussion

          Legislation

5.1      The process to revoke a reserve status is set out in section 24 of the Reserves Act 1977. The process requires;

5.1.1       A decision to begin the revocation process

5.1.2       Determination of -

·   whether the land is reserve subject to the Reserves Act,

·   whether the Council is the administering body, and

·   whether, on revocation, the land would become Crown land or not.

5.1.3       Development of a proposal to revoke the reserve

5.1.4       A decision on whether to undertake any internal or external        consultation prior to public notice. 

5.1.5       Public notification of the proposal allowing 1 month for  objections

5.1.6       A report to Council on the objections

5.1.7       Council resolution on the objections

5.1.8       Information on the process, objections and Council resolution provided to the Department of Conservation to seek the Minister’s approval of the revocation.  

5.2      Under the Reserves Act revocation process there is no requirement to consult with iwi. Before commencing the revocation process officers determined that the Reserve was not subject to a Statutory Acknowledgement. Under Treaty Settlements, Statutory acknowledgements are an acknowledgement by the Crown of the particular cultural, spiritual, historic, and traditional association of an iwi with each statutory site and area.

5.3      After consultation had been concluded officers informed iwi of the proposal and asked if they had any special interest in the land. No responses have been received to date. Further engagement with iwi will take place should Council decide to sell the land. 

          Consultation

5.4      Public notification of the proposal to revoke the reserve status was initially intended to run from 9 November 2016 to 9 December 2016. A Public Notice was placed in the Nelson Mail on Wednesday 9 November 2016. A copy of the Notice and a plan of the Reserve were displayed in the Customer Service Centre at Civic House from the same date.

5.5      Council also placed the Notice in a range of printed publications and on the Council’s website and Facebook page -

·             NCC Website (information and generic feedback form) - 9 November 2016

·             NCC Facebook page post  - 24 November 2016

·             NCC Website (information and specific feedback form) - 24 November 2016

·             Our Nelson – 29 November and 14 December 2016

·             Nelson Weekly - 6 December 2016

·             Nelson Mail - 7 December 2016

·             The Nelson Leader - 8 December 2016

5.6      Copies of the Notice and a plan of the Reserve were hand delivered to all properties bordering the Reserve on 18 November 2016. (Copies of the Notices are Attachment 2.)

5.7      In response to concerns that the proposal had not been sufficiently visible to the community, the notification period was extended in early December until 27 January 2017. 

          Submitter feedback

5.8      128 submissions were received by the closing date of 27 January 2017. Two further submissions were not included in the Submissions presented on 21 February 2017 as they had been sent to officers uninvolved in the revocation process. Neither of these submitters asked to have their submission heard.  The two submissions are attached as Attachment 3.

5.9      On 21 February 2017 the Sports and Recreation Committee heard oral presentations from 12 submitters.

5.10    Of the 130 total submissions 121 objected to the revocation of the reserve status while three supported the revocation and a further six conditionally supported the revocation. If should be noted that the Reserves Act calls for objections to any revocation and that under section 24 (2)(h) –

any person who does not lodge an objection in accordance with this subsection shall be deemed to have assented to the change of classification or purpose or the revocation of reservation set forth in the public notification.

5.11    A number of broad themes were common across the 130 submissions –

Social contract between the community and Council to retain Emano East Reserve

11

Importance as a walking or cycling link

90

Community plantings

41

Biodiversity values – trees, birdlife/wildlife corridor

58

Stormwater issues – existing and potential if developed

21

Protect or increase Reserves and green spaces

48

Unsuitability for housing (due to slope and drainage)

23

Adequate privately held land available for housing

13

Current or potential children’s play area

16

Notification process inadequate

13

Additional funding required for signage, track and maintenance (whether revocation goes ahead or not)

31

5.12    Social contract. Eleven submitters made mention of a social contract between the community in the vicinity of Emano East Reserve and Council for the on-going care and maintenance of the Reserve. This seems to date from the 1993 revocation process and community response. Several submitters were residents at that time and spoke or wrote of their understanding that the Council would assist with resources to beautify the Reserve in perpetuity.

5.13    Council has assisted with plants and labour to beautify the Reserve on a number of occasions since the 1990s. There are no records of a formal arrangement with the Emano Street community regarding the Reserve.

5.14    Walking or cycling link. The vast majority of submitters, 90 of 130, mentioned that the Reserve was used for walking or cycling, was a link to other Reserves and should be maintained, and enhanced, to provide walking access across the city. It was also cited as a dog walking area.

5.15    Some of the submissions may have been referring to Emano West Reserve which merges into Pipers Reserve as the activities described are hard to imagine happening on Emano East Reserve.

5.16    The current track in Emano East Reserve is a semi-formed 4 wheel drive track from Emano Street created to enable installation of stormwater drains or slip mitigation works. Access to the Reserve from Mahoe Street is via a 3m wide fenced access way with a small retaining structure and stairs providing the connection to the road surface. Access from Matipo Street is unformed and submitters described accessing the Reserve either via the private driveway at number 19 Matipo or down the concrete flume of the Matipo Street stormwater outlet.

5.17    The estimated cost to create a real link through the Reserve is in the region of $60,000 - $80,000 (see 5.41 below).

5.18    Community plantings. 41 of the submitters referenced the community investment in planting and maintaining the Reserve or mentioned that the community could look after it.

5.19    Council records show that support was provided in plants or labour in 2001, 2002, 2012 and 2013. There are no budget commitments to this Reserve in the current LTP.

5.20    Biodiversity. 58 submitters mentioned the importance of the Reserve as a bird or wildlife habitat or corridor or the fact that it contained mature trees. 

5.21    Emano East Reserve is not a formal component of any current biodiversity plan or strategy.

5.22    Other uses of the land would not preclude retention of existing vegetation.  

5.23    Stormwater issues. 21 submitters mentioned that the site has had stormwater issues, evidenced by slips, making it unsuitable for development or that the local stormwater system would be further overloaded if six residential Lots were developed on the land.

5.24    An assessment was undertaken of the site by MWH, geotechnical and civil engineering consultants, in July 2016, during development of the Business Case.  Key deliverables included;

·   assessment and advice on development potential and limitations.

·   feasibility of adding a dwelling / building – preferred location and indicative costs for ground works.

·   indicative costs required for development of up to six residential units (or number that is feasible given ground conditions).

5.25    MWH concluded that as long as stormwater and subsurface drainage controls are implemented, and conventional engineering processes (ensuring founding on underlying Port Hill Gravels) are undertaken, that from a geotechnical perspective there are no factors that suggest the land is not suited to residential development.

5.26    Council has allocated budget for stormwater/ flood protection works in the Emano and Murphy Street catchments in the current LTP with design programmed to begin in 2022/23.

5.27    Maintain and expand reserve lands. Nearly half of the submitters, 48, mentioned the importance of Reserves and green spaces to the community. References were made to ‘green lungs’ for the city and how with increased development public green spaces became more important to residents.

5.28    The two Murphy Street Reserves, Emano West Reserve and Pipers Reserve are all in relative proximity to Emano East Reserve and will continue to be available to residents.

5.29    Council has a policy of requiring neighbourhood reserves within new subdivisions. The number and quantum of reserve lands within the city will therefore continue to grow as developments take place. This requirement will apply if and when the vacant private land in the vicinity of Emano East Reserve is developed.

5.30    Unsuitability for housing. 23 submitters stated that the land was too steep, wet or unstable to be used for housing.

5.31    The MWH assessment referred to previously indicated that development of the site was possible. However, the methodology used was theoretical and not that of a developer.

5.32    Other land availability. 13 submitters mentioned that there was other residential zoned land available for development and that the Reserve had greater value as a reserve than could be provided by 6 residential lots. Several submitters stated that future developments in the area would increase the importance of the Reserve as a green space for the community.

5.33    There is considerable vacant private land in the vicinity of Emano East Reserve that is zoned residential and could be developed in the future. The timing of any development of that land is not in Council’s control. If the reserve status was lifted from Emano East Reserve the land would revert to fee simple land in the residential zone. Council could therefore make an immediate, albeit small, contribution to housing supply for the city.

5.34    Children’s play area. 16 submitters stated that they had used the Reserve with their families or that children enjoyed the rough nature of the land and that the steep slope provided opportunities for adventurous play.

5.35    The Parks and Reserves Asset Management Plan 2015 – 2025 (PRAMP) sets the level of service for formed playgrounds (three or more pieces of equipment).  While Emano East Reserve does not meet that standard and submitters mentioned the value of the rough land for more adventurous play the PRAMP does set criteria for assessing the need for a new playground. Amongst the criteria are;

·   is the proposed playground within 800m of another playground, or,

·   are there natural areas within 800m which provide alternative play options.

5.36    The Emano West Reserve and Pipers Reserve are natural areas within 800m of Emano East Reserve. The Murphy North Street Reserve, which is also within that distance, has playground equipment.

5.37    Process. 13 submitters stated that they found the notification process unsatisfactory. Issues raised included; timing, lack of publicity, lack of details and the short time frame. Two submitters suggested that Council had failed to follow the correct process.

5.38    Section 24 of the Reserves Act 1977 requires Council to give public notice of a proposed revocation and allow one month for receipt of objections. The process and timeline is set out above. Council met all statutory obligations.

5.39    In response to questions around iwi consultation not having occurred during the notification period all eight mana whenua organisations were informed of the proposed revocation on 17 March 2017. Further consultation will take place if the site becomes available for other uses. 

5.40    Additional funding. 31 submitters mentioned a need for greater Council investment in the Reserve to ensure that it was useable by the public to undertake the activities that they, and other submitters, wished to undertake there. Some submitters offered to help maintain the Reserve.

5.41    Formation of a gravel track linking either Mahoe or Matipo to Emano Street has been estimated to cost approximately $60,000 - $80,000, with some ongoing costs for maintenance. An allowance for planting of $5,000 per financial year for the next five years would also be required. Signage at each entrance is estimated to cost $1,500 to $2,000 depending on content, style and size. 

5.42    Due to the Emano East Reserve being considered surplus, enhancement of the Reserve does not feature in the current Parks and Reserves Asset Management Plan.

Support for revocation

5.43    Three of the submitters supported the revocation and a further six conditionally supported the revocation. All nine supportive submissions had provisos that included retention of access between Mahoe or Matipo to Emano Street while some required a portion of the housing be low-cost or affordable and one also wanted an area of planting to be retained.

5.44    The most detailed conditional support (submission 10815) involved sale conditions of –

·    retaining the access path from Mahoe with a walkable 3 metre wide extension to the new road edge (or Emano Street) be provided by the developer,

·    retaining a public right of way over this path (and any road section down to Emano Street) and

·    land surplus to the road formation in this parcel, and to small sections fronting Emano Street, be gifted back to Council as reserve contribution.

5.45    Partial development of the site would allow for caveats to be imposed on any sales in order to meet some of the submitters conditions.

6.       Options

6.1      There are a number of options available to Council.   Option 2 is the recommended option.

 

Option 1: revoke status and retain as fee simple 

Advantages

·    Community relationship maintained

·    Land remains accessible to the community

·    Link between other reserves maintained

·    No further disposal costs incurred

·    Retention of current vegetation/wildlife habitat

Risks and Disadvantages

·    Retention of underutilised asset

·    Ongoing maintenance costs

·    Resolution of any future land issues remains with Council

Option 2: revoke status, sell a portion and retain balance

Advantages

·    Potential for additional housing to be developed

·    Potential for additional rating units to be created

·    Sales proceeds available, reducing debt

·    Reduced maintenance expenditure

·    Community relationship maintained

·    Link between other reserves maintained

·    Retention of some vegetation/wildlife habitat

Risks and Disadvantages

·    Negative perception of asset sales

·    Possible low market interest

·    Costs exceed sales revenue

·    Ongoing maintenance costs

·    Loss of some or all current vegetation/wildlife habitat

Option 3: revoke status and sell land

Advantages

·    Potential for additional housing to be developed

·    Potential for additional rating units to be created

·    Sales proceeds available, reducing debt

·    Reduced maintenance expenditure

Risks and Disadvantages

·    Negative perception of asset sales

·    Possible low market interest

·    Loss of green link between retained reserves

·    Loss of some or all current vegetation/wildlife habitat

Option 4: status quo – retain Emano East Reserve as it is

Advantages

·    Community relationship maintained

·    Reserve remains accessible to the community

·    Link between other reserves maintained

·    No further disposal costs incurred

·    Retention of current vegetation/wildlife habitat

Risks and Disadvantages

·    Retention of underutilised asset

·    Ongoing maintenance costs

·    Resolution of any future land issues remains with Council

Option 5: retain and upgrade

Advantages

·    Community relationship maintained

·    Reserve remains accessible to the community

·    Link between other reserves maintained

·    No further disposal costs incurred

Risks and Disadvantages

·    Retention of underutilised asset

·    Capital investment required

·    Increased ongoing maintenance costs

·    Resolution of any future land issues remains with Council

 

7.       Conclusion

7.1      The recommended option is to proceed to request the Minister of Conservation to revoke the reserve status, Council to sell a portion and retain the balance. A public right of way could be developed as a walking track on the retained land using the sale proceeds.

 

Peter Hunter

Team Leader Property

Attachments

Attachment 1:  A1715601 - Emano East Reserve location diagram

Attachment 2:  A1750246 - Emano East Reserve Revocation Notices and advertising

Attachment 3:  A1745390 - Emano East Reserve Revocation - further submissions

 

 

Important considerations for decision making

1.   Fit with Purpose of Local Government

This decision addresses management of Councils Reserves where a more efficient use of assets could have greater benefit to the community.

2.   Consistency with Community Outcomes and Council Policy

The decision supports the community outcome “Our infrastructure is efficient, cost effective and meets current and future needs.”

3.   Risk

There is a risk that the Minister of Conservation may decline to revoke the Reserve status.

4.   Financial impact

The proposal will deliver unbudgeted revenue for Reserve development as well as additional rateable units.

5.   Degree of significance and level of engagement

This matter is of medium significance due to community interest in the Reserve. Consultation has been undertaken using the Reserves Act 1977 process.

6.   Inclusion of Māori in the decision making process

Iwi have been made aware of the proposal.

7.   Delegations

The Sports and Recreation Committee has the responsibility for considering parks and reserves including the acquisition, lease, sale or disposal, maintenance, management or development of any land or buildings.  The Sports and Recreation Committee has the power to make a recommendation to Council on this matter, and under the Reserves Act 1977 this is a decision for full Council.