Notice of the extraordinary meeting of the
Hearings Panel - Other
Rōpū Rongonga – Aha atu anō
Agenda
Rārangi take
Chair Cr Brian McGurk
Members Cr Judene Edgar
Cr Tim Skinner
Pat Dougherty
Chief Executive
Nelson City Council Disclaimer
Please note that the contents of these Council and Committee Agendas have yet to be considered by Council and officer recommendations may be altered or changed by the Council in the process of making the formal Council decision.
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Hearings Panel - Other
12 December 2019
Opening Prayer
1. Apologies
Nil
2. Confirmation of Order of Business
3.1 Updates to the Interests Register
3.2 Identify any conflicts of interest in the agenda
5. Easements - Findlay Place Local Purpose Reserve (Road) 5 - 11
Document number R13699
Recommendation
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That the Hearings Panel - Other 1. Receives the report Easements - Findlay Place Local Purpose Reserve (Road) (R13699) and its attachment (A2315077); and 2. Amends decision HEA/2019/023 of the Hearings Panel Other meeting held on 3 December 2019 to read as follows: 3. Grants 4. Notes that if any objections to the proposed easements are received, a further report will be brought to the Hearings Panel - Other to enable consideration and decision on those objections. |
Item 4: Easements - Findlay Place Local Purpose Reserve (Road)
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Hearings Panel - Other 12 December 2019 |
REPORT R13699
Easements - Findlay Place Local Purpose Reserve (Road)
1. Purpose of Report
1.1 To amend the Resolution of the Hearing Panel – Other of 3 December 2019 regarding a right of way easement to Wholesale Landscapes Limited over Council Local Purpose Reserve (Road) to include easements to drain sewage and water, subject to public notice and Council consent.
2. Summary
2.1 The Report of 3 December 2019 focussed exclusively on the granting of a right of way easement. The need for rights to drain sewage and water were overlooked as they were not considered to materially alter or permanently damage the Reserve and did not require public notification.
2.2 As the resulting Easement Instrument would include all three easements they should be consulted on together.
3. Recommendation
4. Background
4.1 The Hearings Panel – Other considered Report R12532 on 3 December 2019 and resolved as follows (HEA/2019/023) –
That the Hearings Panel - Other
1. Receives the report Right of Way Easement - Findlay Place Local Purpose Reserve (Road) (R12532) and its attachment (A2300467 and A2288406); and
2. Grants a Right of Way Easement over the Local Purpose Reserve (Road) (Lot 17 DP 486996) in favour of 51 Saxton Road (Lot 2 DP 366503) subject to public notice under section 119 (1)(b) of the Reserves Act 1977 with all costs being met by the applicant; and
3. Notes that if any objections to the proposed easement are received, a further report will be brought to the Hearings Panel - Other to enable consideration and decision on those objections.
4.2 That Report focussed on the works that would alter and damage the Reserve and require public notification under section 48 (3) of the Reserves Act 1977.
4.3 However Wholesale Landscapes Limited also require easements to drain sewage, and potentially drain water, over the Reserve. While this infrastructure would not materially alter or permanently damage the Reserve officers believe that, for transparency, the community should be aware of these proposed easements and asked for their views.
5. Discussion
5.1 The ‘one way’ traffic system Wholesale Landscapes Limited intend to create via the right of way easement may require an entrance control office. This is likely to be a portacom style building with a toilet and sink. The wastewater from this building will connect into the public wastewater system in Findlay Place (Attachment One.)
5.2 The wastewater pipe will be located under the right of way and will cross the Local Purpose Reserve. An easement is required to legalise the encroachment across the Reserve and to allow the owner of the pipe to access it for repairs or maintenance.
5.3 There is an existing stormwater facility at the end of Findlay Place. As shown in the Attachment it appears to be partially in legal road and partially in the Local Purpose Reserve. The construction of the right of way may impact on this infrastructure requiring the installation of further stormwater controls in the Reserve. Again, an easement is required to legalise the encroachment across the Reserve and to allow the owner of the infrastructure to access it for repairs or maintenance.
5.4 In the case of reserves vested in Council as the administrating body, the Reserves Act enables the Council to grant an easement for the purpose of - including “the provision of water systems” (section 48 (1) (e)). This approval is subject to the consent of the Minister of Conservation who has delegated the power to grant consent to Council.
5.5 Officers request that the Hearings Panel amend the 3 December 2019 Resolution to include all three easements – a right of way and rights to drain sewage and water.
6. Options
6.1 The Hearings Panel - Other has the options of approving or declining the easements. Approving the easements, subject to public notification, is the recommended option.
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Option 1: Approve the ROW and drainage easements to Wholesale Landscapes Limited subject to public notification |
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Advantages |
· Enables better traffic flow for the landowner · Reduced traffic congestion on Saxton Road thereby improving traffic safety · Allows the community to make their views known |
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Risks and Disadvantages |
· Possible objections from the community |
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Option 2: Decline the ROW and drainage easements to Wholesale Landscapes Limited |
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Advantages |
· Officer time available for other matters |
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Risks and Disadvantages |
· Council seen as unsupportive · Ongoing traffic congestion on Saxton Road |
7. Next Steps
7.1 Lodge a Public Notice in the Nelson Mail and on the Council website. Copies of the proposal will also be sent to business operators and landowners in Findlay Place. If objections are received officers will prepare a further Report to the Hearings Panel – Other, or, if no objections are received, seek the approval of Council acting under a delegation from the Minister of Conservation.
7.2 Subject to Council agreement, draft an Agreement to Grant Easements setting out the conditions Wholesale Landscapes Limited must meet regarding the easements.
Author: Peter Hunter, Team Leader Property
Attachments
Attachment 1: A2315077 - Findlay Place - potential easement diagram ⇩
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Important considerations for decision making |
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1. Fit with Purpose of Local Government The recommendation in this report is aligned with the purpose of Local Government in enabling “democratic decision-making and action by, and on behalf of, communities” as it enables the community the opportunity to consider and comment on the granting of a right of way and drainage easements over Council administrated Local Purpose Reserve. Granting the easements will allow the applicants to operate more efficiently and to reduce traffic congestion thereby improving traffic safety. |
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2. Consistency with Community Outcomes and Council Policy Supports community outcomes – · Our infrastructure is efficient, cost effective and meets current and future needs · Our communities are healthy, safe, inclusive and resilient |
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3. Risk This is a low risk decision as, if approved, the easements will be controlled by an appropriate legal instrument, physical construction of the works will be to the Nelson Tasman Land Development Manual standard and the community will have an opportunity to consider and provide feedback on the impacts on the Reserve itself. |
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4. Financial impact The costs of securing the easements, and the physical works, will be met by Wholesale Landscapes Limited as the beneficiaries of the easements. |
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5. Degree of significance and level of engagement This matter is of low significance because it does not impact the public or Council’s use of the reserve. However, consultation is required under section 48(2) of the Reserves Act because the right of way easement proposal means that the reserve will be materially altered or permanently damaged. The community will be given an opportunity to make their views known under section 119 of the Act. |
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6. Climate Impact This decision will have no impact on the ability of the Council or District to proactively respond to the impacts of climate change now or in the future.
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7. Inclusion of Māori in the decision making process No engagement with Māori has been undertaken in preparing this report. |
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8. Delegations The Hearings Panel – Other has the following delegations to consider this matter – · The power to administer the administering body functions under section 48 of the Reserves Act 1977 on proposed rights of way and other easements on reserves vested in Council |
