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Bylaws Subcommittee
14 March 2017
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Reports
Proposed Reserves and Beaches Bylaw - Summary
of Submissions
Department: Parks and Recreation
EXECUTIVE SUMMARY
1 The
proposed Reserves and Beaches Bylaw 2017 went out for public consultation on 9
January 2017. Four hundred and thirty three submissions were received and 80
submitters have requested to speak at the submissions hearing.
2 This
report summarises the details of the submissions for consideration by the
Hearings Subcommittee.
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RECOMMENDATIONS
That the Committee:
a) Considers this
report and submissions on the proposed Reserves and Beaches Bylaw 2017;
b) Recommends
to Council the final form of the Reserves and Beaches Bylaw 2017 for
adoption, incorporating any changes following consideration of submissions
and hearings.
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Background
3 The
Council has legislative requirements and obligations to administer and protect
our reserves, beaches and environment. Managing user groups with different
expectations requires a number of aspects to be considered.
4 Council
resolved in December 2016 to commence public consultation on a draft Reserves
and Beaches Bylaw (the Bylaw). The draft Bylaw proposes to permit and/or
restrict various activities on reserves and beaches.
Discussion
5 From 9
January to 10 February 2017, 433 submissions were received on the draft Bylaw,
and a summary of the feedback is included as Attachment A.
6 The draft
Bylaw proposes user restrictions in some areas to reduce conflicts in use by
managing spaces for a range of users. Some user groups have not agreed with
this approach. Submissions highlight that the proposed Bylaw requires some
minor clarification and adjustments to meet the needs of reserve users and the
wider community.
7 A high
level summary of submissions is provided below:
"Do you support extending the
Reserve Bylaw to apply to Beaches"?
Yes 74/433
(17%)
No 262/433 (61%)
Unsure 55/433 (13%)
"In respect of reserves,
would you like dog controls on reserves changed"?
Yes 75/433 (17%)
No 213/433 (49%)
Unsure 88/433 (20%)
"Should dogs be prohibited
from sand dune areas"?
Yes 86/433 (20%)
No 245/433 (57%)
Unsure 51/433 (12%)
"Do you agree that drones
should be restricted on reserves and beaches unless they have prior permission
from the council"?
Yes 202/433 (47%)
No 103/433 (24%)
Unsure 52/433 (12%)
"Should horses have
restricted access on reserves"?
Yes 76/433 (18%)
No 266/433 (61%)
Unsure 50/433 (12%)
"Should vehicles be
prohibited from sand dunes"?
Yes 306/433 (71%)
No 37/433 (9%)
Unsure 40/433 (9%)
KEY THEMES IN SUBMISSIONS
Beaches
8 The
Council can impose restrictions on beach areas as reserves. Many reserves
include beaches or abut coastal areas and public perception is that the same
rules apply in each space.
9 The
Council has authority over the dune system to Mean High Water Spring (MHWS),
with the Otago Regional Council (ORC) having jurisdiction below this.
There is an opportunity for collaborative and consistent policy between Council
and the ORC in administering these spaces. No changes to the Bylaw, however,
are required to align with the current ORC administration.
Horses on Beaches
10 The draft Bylaw
proposes to allow horse access to beaches and reserves via established access
ways only. This is to ensure preservation of the dune system and was included
to clarify that the bylaw will not apply outside the territorial boundary of
the Council (which ends at the Mean High Water Springs line).
11 There was mixed
understanding of this reasoning by the public during the consultation with some
submitters interpreting Council as trying to limit horse access to an area
between sand dunes and the MHWS line. This is not how the bylaw would
work in practice and where the bylaw applies, beach access will be available to
horses below the MHWS line. No changes to the Bylaw are required to
address this.
12 There are four
beaches listed in the existing bylaw where horse riding is permitted.
Some submitters have suggested permitting the activity on more beaches.
Staff recommend that the panel considers the addition of Aramoana, Ocean View
and Westwood beaches the list of permitted beaches.
Drones and Other Aircraft
13 Some submitters were
not supportive of drone use due privacy issues and the potential disturbance to
wildlife.
14 Submitters
supportive of drone use, however, prefer unrestricted access to reserves and
beaches without the need for a consent for each flight.
15 Staff have evaluated
other councils' practice and recommend that the panel considers a system where
drones smaller than 1.5kg would be exempt and owners of drones in excess of
1.5kg could apply for permits of up to six months, depending on the purpose of
use.
16 Staff would further
recommend prohibiting drone use in cemeteries, playgrounds, open air pools and
ecologically sensitive wildlife areas. Discretionary consent could be
applied for in these sensitive areas and only be granted with strict
conditions. Ecologically sensitive areas recommended for consideration for bans
are Taiaroa Head, Aramoana (Shelley Beach) and near any bird colony.
17 Some kite surfers,
hang glider users and kite buggy users submitted concerns that their vehicles/flying
equipment would be subject to bans or impractical speed restrictions.
This is not the intention of the proposed Bylaw and staff recommend that the
panel consider adjusting the draft Bylaw to clarify that these vehicles/flying
equipment are exempt from speed limits but are prohibited from ecologically
sensitive areas.
18 Hang glider users
also require beach access to land in coastal areas in specific wind conditions
or in the case of making an emergency landing. The proposed Bylaw permits
emergency landings by aircraft so no changes to the proposed Bylaw are
necessary.
Vehicles on Beaches and Reserves
19 A number of
submissions opposed the use of vehicles on beaches and the dune system.
20 Concerns include
noise, dune destruction, and risk or harm to wildlife, and for the safety of
people, dogs and horses. The proposed Bylaw restricts the use of vehicles and
prohibits vehicle behaviour that damages the reserve. Access is
restricted to areas set aside by Council for vehicle traffic. The proposed
Bylaw requires a permit to drive a vehicle on a beach or reserve unless it is
an emergency vehicle or being driven to retrieve a vessel. No changes to
the Bylaw are recommended.
21 A number of
submitters identified beaches that are ecologically sensitive. Staff recommend
the panel give consideration to prohibiting all vehicles (i.e. a permit will
not be available) for all non-emergency vehicles for Tomahawk Beach (excluding
the boat launch zone), Victory Beach, and Aramoana (Shelly Beach) and any other
beach the panel deems to necessary for ecological protection.
22 Kite surfers and
kite buggy users require wind and long runs, with beaches seen as an ideal
location for this recreational activity. Staff recommend that the panel
consider adjusting the proposed Bylaw to allow the use of any beach except
Tomahawk Beach, Victory Beach, and Aramoana (Shelly Beach) for kite surfers and
kite buggies.
Enforcement
23 A number of
submitters noted the challenges with monitoring and enforcing illegal activity
efficiently, potentially undermining the effect of the proposed changes.
Increasing signage, public education on the changes (such as beaches with
vehicle bans) and working closely with Police to enforce the Bylaw will be
undertaken by staff.
Dogs on Reserves and Beaches
24 There were a large
number of submissions on this, which will be taken into account during the
review of the Dog Control Bylaw later this year.
CONCLUSION
25 Specific staff
recommendations for consideration by the panel on submissions are included in
the submission summary available electronically. A summary table is also
attached to this report as Attachment A.
26 Once the panel has
heard from submitters, further staff advice will be available on potential
revised wording for the Bylaw to support any recommendations the sub-committee
wishes to make to Council in considering the final form of the Bylaw.
Signatories
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Author:
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Ashley Reid - Parks and Recreation Planner
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Authoriser:
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Jendi Paterson - Recreation Planning and Facilities
Manager
Ruth Stokes - General Manager Infrastructure and
Networks
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Attachments
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Title
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Page
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a
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Reserves and Beaches
Bylaw 2017 Summary Sheet
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13
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