Agenda of Hearings Committee

Hearings Committee

22 March 2018

Part A Reports

Submission on Emerson Park Recreation Reserve Revocation of Reservation

Department: Parks and Recreation

introduction

1 The purpose of the report is to provide information in relation to the proposed Reserve revocation over part Emerson Park Recreation Reserve in response to a submission on the proposal.

2 The decision maker is not bound by advice provided within the report. This report has been prepared on the basis of information available via the submission that was received on 25 October 2017.

SUMMARY

3 In 1984 a small part of Emerson Park Recreation Reserve (“the Reserve”) was developed to be used as part of the adjoining property at 18 Emerson Street, Concord, Dunedin. A licence to occupy the Reserve land was granted to the Owner (“the Owner”) of 18 Emerson Street.

4 The Owner has applied to purchase the licensed land that is legally part of the Reserve. The sale of the land was approved under confidential Report by Council on 28 March 2017. Part of the process to give effect to the sale is that the recreation reservation of the licensed land needs to be revoked. This action is undertaken under section 24 of the Reserves Act 1977 and comes with a public notification process as specified in Section 24(2)(c).

5 The notice of proposal to revoke the reservation was notified in terms of sections 119 and 120 of the Reserves Act 1977. The notice was published in the Otago Daily Times for one month asking for submissions and an information pack was provided.

6 One submission was received from a submitter who wishes to be heard advising that the area is set aside for off-leash exercise for dogs pursuant to clause 5.6.1(d) of the Dunedin City Dog Control By-Law 2016 (map 54).

RECOMMENDATIONS

That the Committee:

a) Considers the submission received in relation to the proposed reserve revocation

b) Decides to revoke the Reserve status under Section 120 of the Reserves Act 1977 of that part of Emerson Street Reserve legally described as 0.0550 hectares (subject to survey) more or less being part Section 11, Block XV, Dunedin and East Taieri Survey District, part Computer Interest Register 447977.and shown in the area marked on the plan annexed as Attachment A.

c) Notes that the requirement to publicly notify the intention to revoke the reserve status has been satisfied.

BACKGROUND

7 The area of land proposed to have its reservation revoked has been licensed to the Owner for some 30 years.

8 The licence has expired however the Owner continues to occupy the land pending the outcome of this proposal.

9 The land now contains part of a relocatable garage, includes part of the Owner’s garden and has been developed in such a way that it looks as though it is part of the Owner’s property.

Details of Land for Reserve Revocation

10 The area is a relatively small disjointed part (0.0550 hectares) of the Reserve that contains a total area of 2.4867 hectares. The area does not look like it is part of the Reserve as it is physically separated from the reserve by a stream and there is no footbridge to assist with access. The land now includes the Owner’s garden and relocatable improvements which are improvements permitted under the prior licences.

11 The remaining area of the Reserve contains a playground, bush and open space that can be fully utilised by the public for recreation activities including dog walking. Attachment B shows an aerial photograph of the land in relation to the Reserve.

12 The area lies to the southwest of the sports field, separated by a batter slope, a small stream and is a relatively small area of recreation reserve between the stream and the Owner’s property. The area is difficult to access from the remaining Reserve.

13 The area is not visible from the majority of the Reserve and has no connectivity and functionality for reincorporation with the remainder of the Reserve. It adds little value to the Reserve now or if it was to become part of the Reserve again.

14 Since the area was developed it has always been licensed to the Owner. A licence does not exclude the public from using the land but in this case there is limited opportunity because of the separation by a stream, its aspect and functionality.

Relevant Reserve Management Plans and Other Policies

15 The draft Reserves Acquisition and Disposal Guiding document (October 2005) provides a framework to facilitate opportunities for the acquisition and disposal of reserves. It was adopted in its draft form pending development of the final policy.

16 Objective 3 advises the intent to consider disposing of reserves that do not add value to the reserves portfolio.

17 The section on leased reserves advises that Council has a number of reserves not required for reserve purposes that are leased out. Consideration needs to be given to:

· The reserve requirement for the future;

· Whether they need to be enhanced to fill a gap; or

· Disposed of

The land has little value for recreation, has not actively been used for recreation for a significant period and is a very small area compared with the larger balance of Reserve area. The land is not required for any stream stabilisation or public work to protect or enhance the Reserve. It is also not required to enable or enhance the use of the balance Reserve area.

Overall it is considered that this land is not required to fill any current or future need of the community.

The cost of reinstating the land for it to be made available as a reserve is also prohibitive as it would involve the relocation of the garage. Additionally, the owner has built up the level to match the remainder of their section. The fill includes former building site material that if exposed could include contaminants, and the Council does not wish to accept responsibility for those materials. Reinstatement would therefore require the removal of those materials.

CONSULTATION SUMMARY

Reserves Act 1977

18 The land status is Recreation Reserve under the Reserves Act 1977. Part of the requirements to sell the land to the Owner is the revocation of its reserve status under section 24 of the Reserves Act 1977 together with a public notification process as specified in Section 24(b) of that Act.

19 The notice of proposal to revoke the reserve was notified in terms of Sections 119 and 120 of the Reserves Act 1977. The proposal was advertised on 8 April 2017 with submissions closing on 15 May 2017. The Dunedin City Council also displayed information on the DCC website for the period of the consultation and provided hard copies at the Civic Centre, Dunedin.

20 A copy of the Information Pack in relation to the public notification is attached as Attachment C.

Submission Evaluation

21 The scope of the consultation under the Reserves Act 1977 was the proposal to revoke the reservation as the area is surplus to reserve requirements. Submitters need to demonstrate that the area is required for future recreational use.

22 The primary reason for the objection to the proposal is in terms of the DCC Dog Control Bylaw 2016. The submitter also cites the lack of any other neighbouring Reserves (within two kilometres) for exercising dogs off-leash. A full copy of the submission is included as Attachment D.

23 The submission describes this part of Emerson Street Reserve being "set aside" for off-leash dog exercise areas by the bylaw. It identifies areas of land which are in Council ownership and specifies that dogs on that land are not required to be on leash. However, the submitter appears to believe that the bylaw confers a right of entry. This is incorrect. The bylaw identifies that if entry is available, a dog is not required to be on a leash in that location.

24 The part of the reserve area to be revoked is not easily accessible from the balance Reserve area as it is separated by a small water course and is built up to the level of the adjoining private land. The area cannot be accessed from the street and forms part of a private backyard. It has appeared this way for some 30 years, and has not practically been accessible for use as a dog walking location for a considerable period.

25 The balance of Emerson Street reserve is some 2.4317 hectares (not including the reserve area to be revoked) and is available for dog exercise as there is no change proposed to that area under this proposal.

26 The remaining area of the Reserve is available for exercising dogs’ off-leash. This contains a large flat area and some small rises and is primarily in grass with trees on the perimeter. The overall assessment is that the balance reserve area is adequate for use by the community, including dog exercise. Revocation of part of the reserve will not detract from the amenity, or the use of the balance reserve. Therefore it is recommended that the objection be declined in this instance.

27 The submitter also appears to consider the landowner's prior use of the reserve is unlawful. In reviewing the terms of the licence it is considered that the use of the reserve has been lawful.

28 The Dog Control Bylaw 2016 came into effect on 1 July 2016. The submitter has actively opposed the introduction of the Bylaw, and is currently a member of a Council working party that is engaged in identifying how dog control can be better managed in the City. Consideration of improving the operation of the Bylaw is one factor in the matters under consideration by that working party. The provision of dog parks and spaces for dog exercise and training are also under active consideration. Those matters are not able to be taken into account in respect of this decision as they relate to different Council processes. The parts of the submission referring to those factors should therefore be given no weight.

29 A copy of the Dog Control Bylaw 2016 is included as Attachment E and the relevant map is included as Attachment F.

OPTIONS

Option One – Recommended Option

30 That the Hearing Committee decides to revoke the proposed reserve status as outlined in this report.

Advantages

· The Council complies with the requirements of the Reserves Act 1977 and its own policy for disposal of reserve land.

· The Council is able to carry out its prior resolution to sell the land to the Owner.

· The Owner is able to occupy the land without the need for a licence.

· There is no need for the continued cost in administration in regards to the monitoring and granting of further licences.

· The Council is no longer responsible for the potential liability of a built-up area that may release contaminants.

Disadvantages

· The area proposed for the revocation of the reserve will not be reinstated for use as reserve land at the end of the license period.

Option Two – Status Quo

31 That the Hearing Committee does not grant the proposed reserve revocation.

Advantages

· The general public have legal access to use the area for walking dogs off leash and any other purpose but will find it difficult to use the area for walking dogs off leash and any other purpose.

Disadvantages

· The Council does not comply with its own policy and prior resolution for the disposal of reserve land.

· The Council is unable to sell the land to the Owner.

· The Owner is unable to occupy the land, and will be required to remediate (at significant cost) the site if a licence to occupy is not subsequently granted.

· The Council will incur the cost of maintaining the land.

CONCLUSION

Having regard to the above assessment, I recommend that the Hearing Committee receive this report and make a decision on the above options.

Signatories

Author:

Maria Sleeman - Leasing Officer

Authoriser:

Robert West - Group Manager Parks and Recreation

Leanne Mash - General Manager Infrastructure and Networks (Acting)

Attachments

	Title	Page
a	Aerial photograph of the land over which the reservation is proposed to be revoked	11
b	Aerial photograph of the land in relation to the Emerson Park Reserve	12
c	Information Pack in relation to the public notification	13
d	Submission	24
e	Copy of Dog Control Bylaw 2016	26
f	Map 54 Dog Control Bylaw 2016	38

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision relates to providing a public service and it is considered good-quality and cost-effective.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☐	☐	☒
Economic Development Strategy	☐	☐	☒
Environment Strategy	☐	☐	☒
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☐	☐	☒
Spatial Plan	☒	☐	☐
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☒	☐	☐
Other strategic projects/policies/plans	☐	☐	☒

The proposed reserve revocation contributes to the outcome of the Spatial Plan by contributing to a liveable city and the Parks and Recreation Strategy by giving clarity in terms of the recreation use of space within the City.

Māori Impact Statement

There are no known impacts for tangata whenua. The land is not subject to the Ngai Tahu Claims Settlement Act 1998 as the land is not considered to be derived from the Crown.

Sustainability

The decision on whether or not to undertake the reserve revocation will provide clarity for the occupation and public use of the Reserve.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

No implications.

Financial considerations

The decision on whether to undertake the reserve revocation will have implications for Council by either ensuring that Council receive funds for the land in the future or costs will be incurred for future management and administration of the land.

Significance

The proposal has a low level of significance in terms of community interest and engagement under the Council’s Significance & Engagement Policy.

Engagement – external

A public notification process has been undertaken as outlined on page 3 of the Report. Engagement has also been undertaken with the submitter.

Engagement - internal

The Chief Legal Officer has provided advice on the matter and various Council Parks and Recreation staff and management have been involved with the matter over time.

Risks: Legal / Health and Safety etc.

There may be Health and Safety implications in terms of dogs and their access to the Reserve land which is proposed to have its reserve status revoked.

Conflict of Interest

There is no conflict of interest

Community Boards

The Reserve is not within a Community Board area.

Hearings Committee

22 March 2018

Submission on the Granting of a Licence over part Mulford Park Recreation Reserve

Department: Parks and Recreation

EXECUTIVE SUMMARY

1 The purpose of the report is to provide information in relation to the proposed licence over Reserve land. The decision maker is not bound by advice provided within the report. This report has been prepared on the basis of information available as at 25 October 2017

2 There is a grazing licence proposed to be granted to RI McKay over part of Mulford Park Recreation Reserve which is a large area of land adjacent to 93A Mulford Street, and situated behind the houses largely on Mulford Street and parts of Bell and Roy Crescent. The proposal has been notified under Sections 119 and 120 of the Reserves Act 1977 and was notified for one month asking for submissions. Information packs were provided.

3 The proposed licence is a Council standard template subject to the Reserves Act 1977.

4 One submission was received from a submitter who wishes to be heard. The primary point is that the proposed licence is inconsistent with the Dog Control Bylaw 2016 and that no public benefit was provided.

RECOMMENDATIONS

That the Hearings Committee:

a) Considers the submission received in relation to the proposed Licence.

b) Decides to grant or decline the proposed Licence to RI McKay under Section 120 of the Reserves Act 1977 being the grazing land adjacent to 93A Mulford Street more particularly described as 1.6713 ha more or less being part Lot 1, DP 16454, part NZ Gazette 512213 for five years from 1 May 2018.

c) Recommends to the grant of a licence to R I McKay under Section 74 of the Reserves Act 1977 being the grazing land adjacent to 93A Mulford Street more particularly described as 1.6713 ha more or less being part Lot 1, DP 1645, part NZ Gazette 512213 for five years from 1 May 2018.

d) Notes the requirement to publicly notify the intention to grant the licence has been satisfied.

BACKGROUND

5 Part of Mulford Park contains a formal playground area however the remaining majority of the land is undulating to steep land with small water courses running through a gully. The land is covered in overgrown weedy pasture with a small group of large trees.

6 The land is not required for recreation use presently and a licence to graze is an appropriate management tool for this land.

7 Public notification was undertaken advising of the intention to grant a licence as part of a registration of interest process. R I McKay was the successful applicant.

8 One of the responses received was a submission against the proposal.

DISCUSSION

9 Please refer to Attachment A which provides a summary of the proposed licence including an aerial photograph of the proposed area to be grazed under the licence.

consultation summary

10 The land to be licensed is a Recreation Reserve under the Reserves Act 1977. Part of the requirements for granting a licence is a public notification of this intention under Section 119 and 120 of the Reserves Act 1977.

11 A public notice was advertised in the Otago Daily Times on 17 September 2016, with submissions closing on 17 October 2016. Information was also displayed on the DCC website for the period of the consultation.

Relevant Reserve Management Plans

12 The DCC Reserve Management Plan – General Policies (March 2005) has been referred to, it generally advises on the granting of licences under 3.7.2. It advises on grazing as an alternative management tool and the policy allows for licenses on undeveloped reserves and the relevant Reserves Act 1977 legislation.

13 There is no specific Management Plan for Mulford Park.

Submission and Evaluation

14 The points raised in the submission as set out in Attachment B are summarised as follows:

· The submission received objected to the proposed licence primarily because part of the area proposed to be licensed are set aside for on-leash access for dogs pursuant to clause 5.6 of the Dunedin City Dog Control Bylaw 2016 (Map 54).

· Failing to require a new user to provide unobstructed access to members of the public exercising dogs will create conflict between the user and members of the public.

· No public benefit has been identified that outweighs the negative impacts of the occupation.

· It was acknowledged that grazing stock is not compatible with unobstructed public access and creates significant risks to the public and stock.

· The submitter proposes that the matter can be addressed by not introducing an occupation on terms that will create predictable and serious risks.

15 The Dog Control Bylaw 2016 came into effect on 1 July 2016 a copy of this is attached as Attachment C. The specific Dog Bylaw map is Attachment D.

16 In response to the submissions it is noted as follows:

· The proposed grazing licence is as a result of a previous Licensee relinquishing the space and a registration of interest process being undertaken for a new occupation. Presently the occupation is on a temporary basis pending the outcome of this hearing.

· A licence agreement does not allow for exclusive use and the general public can still access the land.

· As acknowledged by the submitter grazing stock and unobstructed public access are not compatible uses. Accordingly signage has been erected to exclude dogs in the grazing area for the protection of the horses in accordance with Dog Bylaw condition 5.8.2.

· The grazing area faces south and is exposed to the weather making for cold and wet conditions over the winter. The land contains severe undulations making it difficult for the public to access let alone enable dogs to be walked on a leash.

· In addition the area contains rank overgrown grass, gorse and other numerous weeds. Accordingly the use of the area for grazing is the most efficient and effective way for DCC, Parks and Recreation to manage the space presently until such time as there is the resource to plan and develop the area and/or a use and demand is determined for a recreation use of the space.

· The area is not compatible with dogs being exercised on a leash within the space and has not regularly in the past been used by dog owners to walk their dogs.

· The neighbouring area which contains Emerson Park is within a kilometre of Mulford Park which contains areas that are more suitable for dog exercise.

OPTIONS

Option One - Grant the Licence

17 That the Hearings Committee recommends granting the licence for part of Mulford Park as outlined in this Report.

Advantages

· The Council complies with the requirements of the Reserves Act 1977 and its own policies for Agreements over land.

· The licence can be granted with the licensee having security of tenure for the future.

· An annual income is secured for the occupation of the land.

· There is little or no maintenance costs for the occupation at Mulford Park.

Disadvantages

· The general public are unable to use the area for walking dogs on a leash or any other purpose.

Option Two – Do not Grant the Licence

18 That the Hearings Committee does not recommend granting the licence for part of Mulford Park as outlined in this Report.

Advantages

· The general public are able to use the area for walking dogs on a leash or any other purpose.

Disadvantages

· The Council does not comply with the requirements of the Reserves Act 1977 and its own policies for Agreements over land.

· The licence cannot be granted with the licensee having security of tenure for the future.

· An annual income is not secured for the occupation of the land.

· There will be significant maintenance costs for the land proposed to be licensed at Mulford Park.

CONCLUSION

19 Having regard to the above assessment, it is recommended that the Hearings Committee receive this report and make a decision on whether to adopt Option One or Option Two.

Delegations

20 If the decision is to adopt Option One – Grant the Licence, then this falls within the Hearings Committee delegation and no further approval is necessary.

Signatories

Author:

Maria Sleeman - Leasing Officer

Authoriser:

Robert West - Group Manager Parks and Recreation

Leanne Mash - General Manager Infrastructure and Networks (Acting)

Attachments

	Title	Page
a	Summary Sheet of lease of part Mulford Park including aerial photograph of occupation	45
b	Submissiom Received	46
c	Copy of Dog Control Bylaw 2016	47
d	Map 54 Dog Control Bylaw 2016	59

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision relates to providing a public service and it is considered good-quality and cost-effective, by granting the licence specific to the occupation of the Reserve land.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☐	☐	☒
Environment Strategy	☐	☐	☒
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☐	☐	☒
Spatial Plan	☒	☐	☐
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☒	☐	☐
Other strategic projects/policies/plans	☐	☐	☒

The granting of a licence to graze contributes to the outcomes of the Social Wellbeing Strategy by enabling healthy and safe people, the Spatial Plan by contributing to a liveable city and the Parks and Recreation Strategy by enabling recreation activities, including clarity in terms of the use of space within the City.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

A decision on whether to grant the licence or not will provide clarity for the occupiers, public and Council over the use of Reserves.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

No implications.

Financial considerations

The decision on whether to grant the licence or not will have implication for Council by either ensuring that Council receive funds for the use and occupation of the land or the necessity for Council to spend money to maintain the Reserve.

Significance

The proposed licence has a low level of significance in terms of community interest and engagement under the Council’s Significance & Engagement Policy.

Engagement – external

A public notification process has been undertaken as outlined on page 2 of the Report. Engagement has also been undertaken with the submitter.

Engagement - internal

Council’s Chief Executive Officer, the Chief Legal Officer, the Operations Manager, Parks and Recreation and the relevant Parks Officers have provided feedback on the matter.

Risks: Legal / Health and Safety etc.

There may be Health and Safety implications in terms of dogs and their access to occupied sites.

Conflict of Interest

There is no conflict of interest.

Community Boards

The land proposed to be licenced is not within a Community Board area.

Hearings Committee

22 March 2018

Submission on the Granting of a Lease over part Miller Park Recreation Reserve

Department: Parks and Recreation

EXECUTIVE SUMMARY

1 The purpose of the report is to provide information in relation to the proposed lease over Reserve land. The decision maker is not bound by advice provided within the report. This report has been prepared on the basis of information available as at 14 March 2017.

2 There is a lease proposed to be granted over part of the Miller Park Recreation Reserve for the occupation of the Con-Rodders Rod and Custom Club Inc & Stateside Streeters Inc (“the Car Club”) club rooms at Carnforth Street, Abbotsford. The proposal has been notified under Sections 119 and 120 of the Reserves Act 1977 and was notified for one month asking for submissions. Information packs were provided.

3 The proposed lease is a Council standard template subject to the Reserves Act 1977.

4 One submission was received from a submitter who wishes to be heard. The submitter advises that the issue does not lie with the proposed lease but entirely with the Dog Control Bylaw 2016 that has designated the area.

RECOMMENDATIONS

That the Hearings Committee:

a) Considers the submission received in relation to the proposed Lease.

b) Decides to grant or decline the proposed Lease to the Con-Rodders Rod and Custom Club Inc & Stateside Streeters Inc under Section 120 of the Reserves Act 1977 being the situated at part Miller Park Recreation Reserve, Carnforth Street, Abbotsford more particularly described as 107m² more or less being part Section 162, Block V, Lower Kaikorai Survey District, part NZ Gazette 1982 page 1641 for 20 years from 18 August 2014.

c) Recommends to grant to Council a lease to the Con-Rodders Rod and Custom Club Incorporated & Stateside Streeters Incorporated under Section 54(1)(b) of the Reserves Act 1977 being the land situated at part Miller Park Recreation Reserve, Carnforth Street, Abbotsford more particularly described as 107m² more or less being part Section 162, Block V, Lower Kaikorai Survey District, part NZ Gazette 1982 page 1641 for 20 years from 18 August 2014.

d) Notes the requirement to publicly notify the intention to grant the lease has been satisfied.

BACKGROUND

5 The area commonly known as Miller Park is a large area of recreation land of some 11 hectares situated adjacent to Carnforth, Neill and Christie Streets.

6 Part of the land came to Council as it was part of the Abbotsford slip site with part of this area developed into sports fields. There is also a grazing area as part of this land. w

7 The whole Miller Park area contains four rugby fields, two sports club buildings (including the Car Club, club rooms) and a horse grazing area.

8 The club rooms is owned by the Car Club and the area occupied is 107m² which is the foot print of the club rooms.

9 Membership of the Car Club numbers 75. They cater for members of all age grops including junior Conrodders. Monthly meetings and events are organised by the Car Club.

10 The lease expired on 17 August 2014. It is proposed to grant the lease from 18 August 2014 for 20 years. Despite the expired lease the Car Club has continued to occupy the space and fulfil all the requirements of the expired lease.

11 Public notification was undertaken advising of the intention to grant a lease with a submission received against the proposal.

DISCUSSION

12 Please refer to Attachment A which provides a summary of the proposed lease including an aerial photograph of the proposed area to be occupied under the lease.

consultation summary

13 The land to be leased is a Recreation Reserve under the Reserves Act 1977. Part of the requirements for granting a lease is a public notification of this intention under Section 119 and 120 of the Reserves Act 1977.

14 A public notice was advertised in the Otago Daily Times on Saturday 13 January 2018 with submissions closing on Monday 12 February 2018. Information was also displayed on the DCC website for the period of the consultation and hard copies provided at the Civic Centre, Dunedin.

Relevant Reserve Management Plans

15 The DCC Reserve Management Plan – General Policies (March 2005) has been referred to, it generally advises on the granting of occupation agreements under 3.7. The objectives are to confirm the occupation of reserves for approved uses and facilities by granting occupation agreements. Section 3.7.1 deals specifically with leases with emphasis on the retention of open space and public accountability of reserve management with leases being drawn up according to the relevant provisions of the Reserves Act 1977.

16 There is no specific Management Plan relating to this lease.

Submission and Evaluation

17 The points raised in the submission as set out in Attachment B are summarised as follows:

· The submission received did not object to the recreation activities. The objection is because the proposed lease is inconsistent as the area is set aside for off-leash access for dogs pursuant to clause 5.6.1 and Schedule E of the Dunedin City Dog Control Bylaw 2016 (Map 53).

· Allowing groups of people to enter confined spaces is not considered compatible with unobstructed public access and creates a significant risk to all users.

· The draft lease does not provide for unobstructed access for members of the public exercising dogs off leash and creates a conflict.

· No public benefit has been identified that outweighs the negative impacts of the occupation.

· The submitter reiterates that there is no personal objection to recreational activities. The issue lies entirely with the Dunedin City Dog Control Bylaw 2016.

18 The Dog Control Bylaw 2016 came into effect on 1 July 2016 a copy of this is attached as Attachment C. The specific Dog Bylaw Map is attachment D.

19 In response to the submissions it is noted as follows:

· The lease to the Car Club over part of Miller Park is for the footprint of the club rooms and the specific occupation and use of the space for Car Club activities. The Club pays rental and fulfils the requirements of the now expired lease.

· The area has been occupied by the Car Club since 2000.

· The area that is leased is 107m²with the total area of Miller Park being some 11 hectares.

· Miller Park contains sport fields. Dogs are permitted off leash on DCC owned sports grounds in areas that are not marked playing fields and must be on a leash when games are being played.

· There are a number of opportunities within Miller Park for a dog to be walked off a leash including immediately adjacent to the Car Club, club rooms.

· Shand Park, Green Island is a designated dog exercise area which is within two kilometres of Miller Park. Green Island Memorial Garden is also within this distance which allows for exercising dogs on leash.

OPTIONS

Option One - Grant the Lease

20 That the Hearings Committee recommends granting the lease to the Con-Rodders Rod and Custom Club Inc & Stateside Streeters Inc for part Miller Park Recreation Reserve as outlined in this Report.

Advantages

· The Council complies with the requirements of the Reserves Act 1977 and its own policies for Agreements over land.

· The lease can be granted with the lessee having security of tenure for the future.

· An annual income is secured for the occupation of the land.

· There are no maintenance costs for the occupation.

Disadvantages

· While the general public are unable to use the area for walking dogs off leash or any other purpose.

Option Two – Do not Grant the Lease

21 That the Hearings Committee does not recommend granting the lease Con-Rodders Rod and Custom Club Inc & Stateside Streeters Inc for part of Miller Park Recreation Reserve as outlined in this Report.

Advantages

· If there was no lease in place and the club room building was to be removed the general public would be able to use the area for walking dogs off leash or any other purpose.

Disadvantages

· The Council does not comply with the requirements of the Reserves Act 1977 and its own policies for Agreements over land.

· The lease cannot be granted with the lessee having security of tenure for the future.

· An annual income is not secured for the occupation of the land.

· There will be maintenance costs for Council and options for the building will need to be investigated.

CONCLUSION

22 Having regard to the above assessment, it is recommended that the Hearings Committee receive this report and make a decision on whether to adopt Option One or Option Two.

Delegations

23 If the decision is to adopt Option One – Grant the Lease, then this falls with the Council to approve in terms of the Minister of Conservation’s delegation. A Report will be submitted at a Council meeting to recommend that the lease will be granted.

Signatories

Author:

Maria Sleeman - Leasing Officer

Authoriser:

Robert West - Group Manager Parks and Recreation

Leanne Mash - General Manager Infrastructure and Networks (Acting)

Attachments

	Title	Page
a	Lease Summary Sheet including aerial photograph of land to be leased	67
b	Copy of submission received	69
c	Copy of Dog Control Bylaw 2016	71
d	Maps 53 of Dog Control Bylaw 2016	83

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision relates to providing a public service and it is considered good-quality and cost-effective, by granting the lease specific to the occupation of the Reserve land.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☐	☐	☒
Environment Strategy	☐	☐	☒
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☐	☐	☒
Spatial Plan	☒	☐	☐
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☒	☐	☐
Other strategic projects/policies/plans	☐	☐	☒

The granting of a lease to the Car Club contributes to the outcomes of the Social Wellbeing Strategy by enabling healthy and safe people, the Spatial Plan by contributing to a liveable city and the Parks and Recreation Strategy by enabling recreation activities, including clarity in terms of the use of space within the City.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

A decision on whether to grant the lease or not will provide clarity for the occupiers, public and Council over the use of Reserves.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

No implications.

Financial considerations

The decision on whether to grant the lease or not will have implication for Council by either ensuring that Council receive funds for the use and occupation of the land or the necessity for Council to spend money to maintain the Reserve and consider its future.

Significance

The proposed lease has a low level of significance in terms of community interest and engagement under the Council’s Significance & Engagement Policy.

Engagement – external

A public notification process has been undertaken as outlined on page 3 of the Report. Engagement has also been undertaken with the submitter.

Engagement – internal

The Chief Legal Officer has provided feedback on the matter, and the relevant Parks Officers has been advised of the proposal.

Risks: Legal / Health and Safety etc.

There may be Health and Safety implications in terms of dogs and their access to occupied sites.

Conflict of Interest

There is no conflict of interest.

Community Boards

The land proposed to be leased is within the Saddle Hill Community Board area they were advised via an e-mail from the Governance Support Officer.

Hearings Committee

22 March 2018

Submission on the Granting of a Lease over part Mosgiel Memorial Park

Department: Parks and Recreation

EXECUTIVE SUMMARY

2 There is a lease proposed to be granted to Athletics Taieri Inc over part of a Recreation Reserve known as Mosgiel Memorial Park. The address of the Park is 187D Gordon Road, Mosgiel and the occupation is located on Reid Avenue adjacent to the Mosgiel Football and Squash Club building. The proposal has been notified under Sections 119 and 120 of the Reserves Act 1977 and was notified for one month asking for submissions. Information packs were provided.

3 The proposed lease is a Council standard template subject to the Reserves Act 1977.

RECOMMENDATIONS

That the Hearings Committee:

a) Considers the submission received in relation to the proposed Lease.

b) Decides to grant or decline the proposed Lease to Athletics Taieri Inc under Section 120 of the Reserves Act 1977 being the situated at Mosgiel Memorial Park, 187D Gordon Road, Mosgiel more particularly described as 428m²more or less being part Lot 1, Deposited Plan 9385, part Computer Freehold Register 289571 for 20 years from 1 July 2015.

c) Recommends to grant a lease to Athletics Taieri Incorporated under Section 54(1)(b) of the Reserves Act 1977 being the land situated at Mosgiel Memorial Park, 187D Gordon Road, Mosgiel more particularly described as 428m²more or less being part Lot 1, Deposited Plan 9385, part Computer Freehold Register 289571 for 20 years from 1 July 2015.

d) Notes the requirement to publicly notify the intention to grant the lease has been satisfied.

BACKGROUND

5 Mosgiel Memorial Park is a large area of recreation land of 11.3943 hectares situated between the Silverstream River, Gordon Road and Hartstonge and Reid Avenues in Mosgiel.

6 It contains a large area of sports fields, (approximately 5.3 ha), Mosgiel Memorial Garden and playground (approximately 3.1 ha) with the remainder being occupied by the Mosgiel Library and Service Centre, the Mosgiel Memorial Gymnasium and stand and three sports club buildings, one of which is occupied by Athletics Taieri.

7 The area occupied by the Athletics Taieri building is 428m²and contains gym equipment, soft mats for training and storage for outdoor athletics equipment.

8 Athletics Taieri use the outdoor adjoining grass athletics track and various throwing circles for training and competition and these areas are booked for use through the Council booking system.

9 Membership of Athletics Taieri numbers 191 and members range in age from 6 years and upwards.

10 The lease expired on 30 June 2015 and it is proposed to grant the lease from 1 July 2015 for 20 years. The Group has continued to occupy the space and fulfil all the requirements of the expired lease.

11 Public notification was undertaken advising of the intention to grant a lease with a submission received against the proposal.

DISCUSSION

12 Please refer to Attachment A which provides a summary of the proposed lease including an aerial photograph of the proposed area to be occupied under the lease.

consultation summary

Relevant Reserve Management Plans

16 The lease is also specified in the Sportsground Management Plan (approved 29 June 1999).

Submission and Evaluation

17 The points raised in the submission as set out in Attachment B are summarised as follows:

· The submission received did not object to sporting activities but because the area proposed to be leased is set aside for off-leash access for dogs pursuant to clause 5.6.1 and Schedule E of the Dunedin City Dog Control Bylaw 2016 (Map 43).

· Allowing groups of people to enter closely confined spaces (the Athletics Taieri club rooms) is not compatible with unobstructed off-leash exercise of dogs and creates a significant risk to all users. The draft lease does not accommodate this and creates a conflict.

· No public benefit has been identified that outweighs the negative impacts of the occupation.

· The submitter reiterates the there is no personal objection to sporting activities but the issues lies entirely with the Dunedin City Dog Control Bylaw 2016.

18 The Dog Control Bylaw 2016 came into effect on 1 July 2016 a copy of this is attached as Attachment C. The specific Dog Bylaw Map is attachment D.

19 In response to the submissions it is noted as follows:

· The lease to Athletics Taieri over part of Mosgiel Memorial Park contains facilities for the specific occupation and use of the space for athletics who pay rental and fulfil the requirements of the now expired lease.

· The area has been occupied by the Athletics Taieri owned building for over 15 years and there has been no demand by dog owners to walk their dogs within this relatively small space (428m²) that is the building that is owned by Athletics Taieri.

· Mosgiel Memorial Park is a large area that contains sport fields. Dogs are permitted off leash on DCC owned sports grounds in areas that are not marked playing fields and must be on a leash when games are being played. There are a number of opportunities within Mosgiel Memorial Park for a dog to be walked off a leash.

· Dogs are not permitted in the area known as Mosgiel Memorial Gardens and the children’s playground.

· The area is in close proximity to Peter Johnstone Park which also contains sports fields and the same rules apply to marked sports fields as advised above. Again there is plenty of opportunities within Peter Johnstone Park for a dog to be walked off a leash.

· Mosgiel contains a significant number of sports grounds where there is ample opportunity for dogs to be walked off a leash.

· The area proposed to be leased is the footprint of the “skyline” type building owned used exclusively by Athletics Taieri. This occupaton is not compatible with dogs being exercised off leash within the space and has never been used by dog owners to walk their dogs.

OPTIONS

Option One - Grant the Lease

20 That the Hearings Committee recommends granting the lease to Athletics Taieri Inc for part of Mosgiel Memorial Park as outlined in this Report.

Advantages

· The Council complies with the requirements of the Reserves Act 1977 and its own policies for Agreements over land.

· The lease can be granted with the lessee having security of tenure for the future.

· An annual income is secured for the occupation of the land.

· There are no maintenance costs for the occupation.

· The Mosgiel community benefit from the occupation as there is no other athletics club in Mosgiel.

Disadvantages

· The general public are unable to use the area for walking dogs off leash or any other purpose.

Option Two – Do not Grant the Lease

21 That the Hearings Committee does not recommend granting the lease to Athletics Taieri Inc for part of the Mosgiel Memorial Park as outlined in this Report.

Advantages

· If the building were to be removed the general public would be able to use the area for walking dogs off leash or any other purpose.

Disadvantages

· The Council does not comply with the requirements of the Reserves Act 1977 and its own policies for Agreements over land.

· The lease cannot be granted with the lessee having security of tenure for the future.

· An annual income is not secured for the occupation of the land.

· There will be maintenance costs for Council and options for the building will need to be investigated.

· The Mosgiel community cannot benefit from the occupation and there will be no facility for an athletics club in Mosgiel.

CONCLUSION

22 Having regard to the above assessment, it is recommended that the Hearings Committee receive this report and make a decision on whether to adopt Option One or Option Two.

Delegations

23 If the decision is to adopt Option One – Grant the Lease, then this falls with the Hearings Committee to approve.

Signatories

Author:

Maria Sleeman - Leasing Officer

Authoriser:

Robert West - Group Manager Parks and Recreation

Leanne Mash - General Manager Infrastructure and Networks (Acting)

Attachments

	Title	Page
a	Lease Summary Sheet including aerial photograph of land to be leased	91
b	Copy of submission received	93
c	Copy of Dog Control Bylaw 2016	95
d	Map 43 of Dog Control Bylaw 2016	107

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision relates to providing a public service and it is considered good-quality and cost-effective, by granting the lease specific to the occupation of the Reserve land.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☐	☐	☒
Environment Strategy	☐	☐	☒
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☐	☐	☒
Spatial Plan	☒	☐	☐
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☒	☐	☐
Other strategic projects/policies/plans	☐	☐	☒

The granting of a lease to Athletics Taieri Inc contributes to the outcomes of the Social Wellbeing Strategy by enabling healthy and safe people, the Spatial Plan by contributing to a liveable city and the Parks and Recreation Strategy by enabling recreation activities, including clarity in terms of the use of space within the City.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

A decision on whether to grant the lease or not will provide clarity for the occupiers, public and Council over the use of Reserves.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

No implications.

Financial considerations

Significance

The proposed lease has a low level of significance in terms of community interest and engagement under the Council’s Significance & Engagement Policy.

Engagement – external

A public notification process has been undertaken as outlined on page 2 of the Report. Engagement has also been undertaken with the submitter.

Engagement - internal

The Chief Legal Officer has provided feedback on the matter, and the relevant Parks Officers has been advised of the proposal.

Risks: Legal / Health and Safety etc.

There may be Health and Safety implications in terms of dogs and their access to occupied sites.

Conflict of Interest

There is no conflict of interest.

Community Boards

The land proposed to be leased is within the Mosgiel-Taieri Community Board area they were advised via an e-mail from the Governance Support Officer.

Hearings Committee

22 March 2018

Submission on the Granting of a Lease over part Momona Recreation Reserve

Department: Parks and Recreation

EXECUTIVE SUMMARY

2 There is a lease proposed to be granted over part Momona Recreation Reserve to the Momona Play Group which is located on the corner of Bruce and Centre Roads at 2 Bruce Road, Momona. The proposal has been notified under Sections 119 and 120 of the Reserves Act 1977 and was notified for one month asking for submissions. Information packs were provided.

3 The proposed lease is a Council standard template subject to the Reserves Act 1977.

4 One submission was received from a submitter who wishes to be heard. The primary point is that the proposed lease is inconsistent with the Dog Control Bylaw 2016 and that no public benefit was provided.

RECOMMENDATIONS

That the Hearings Committee:

a) Considers the submission received in relation to the proposed Lease.

b) Decides to grant or decline the proposed Lease to the Momona Play Group under Section 120 of the Reserves Act 1977 being the situated at 2 Bruce Road, Momona more particularly described as 1710m²more or less being part River Section 41, West Taieri Survey District part NZ Gazette 1983 page 3637 for seven years from 1 July 2015.

c) Recommends to the Council to grant a lease to the Momona Play Group under Section 54(1)(b) of the Reserves Act 1977 being the land situated at 2 Bruce Road, Momona more particularly described as 1710m² more or less being part River Section 41, West Taieri Survey District, part NZ Gazette 1983 page 3637 for seven years from 1 July 2015.

d) Notes the requirement to publicly notify the intention to grant the lease has been satisfied.

BACKGROUND

5 The Momona Recreation Reserve is 5564m² the majority of which has a grazing licence over it. A relatively small portion (1710m²) contains the former Momona School that is used by the Momona Play Group. The Group has been in occupancy for in excess of 10 years and provide for a community need for pre-school children in the area. The area is fully fenced and child-proof locks are used to access the area.

6 The lease expired on 30 June 2015 and it is proposed to grant the lease from 1 July 2015. The Group has continued to occupy the space and fulfil all the requirements of the expired lease.

7 Public notification was undertaken advising of the intention to grant a lease with a submission received against the proposal.

DISCUSSION

8 Please refer to Attachment A which provides a summary of the proposed lease including an aerial photograph of the proposed area to be occupied under the lease.

consultation summary

9 The land to be leased is a Recreation Reserve under the Reserves Act 1977. Part of the requirements for granting a lease is a public notification of this intention under Section 119 and 120 of the Reserves Act 1977.

10 A public notice was advertised in the Otago Daily Times on 24 September 2016, with submissions closing on 24 October 2016. Information was also displayed on the DCC website for the period of the consultation and hard copies provided at the Mosgiel Library and Service Centre and the Civic Centre, Dunedin.

Relevant Reserve Management Plans

11 The DCC Reserve Management Plan – General Policies (March 2005) has been referred to, it generally advises on the granting of occupation agreements under 3.7. The objectives are to confirm the occupation of reserves for approved uses and facilities by granting occupation agreements. Section 3.7.1 deals specifically with leases with emphasis on the retention of open space and public accountability of reserve management with leases being drawn up according to the relevant provisions of the Reserves Act 1977.

12 There is no specific Management Plan for the Momona Recreation Reserve.

Submission and Evaluation

13 The points raised in the submission as set out in Attachment B are summarised as follows:

· The submission received objected to the proposed lease primarily because part of the area proposed to be licensed are set aside for on-leash access for dogs pursuant to clause 5.6 of the Dunedin City Dog Control Bylaw 2016 (Map 63).

· Failing to require a new user to provide unobstructed access to members of the public exercising dogs will create conflict between the user and members of the public.

· No public benefit has been identified that outweighs the negative impacts of the occupation.

· It was acknowledged that play group activities or residential living is not compatible with unobstructed public access and creates significant risks to members of the public.

· The submitter proposes that the matter can be addressed by not introducing an occupation on terms that will create predictable and serious risks.

14 The Dog Control Bylaw 2016 came into effect on 1 July 2016 a copy of this is attached as Attachment C. The specific Dog Bylaw Map is Attachment D.

15 In response to the submissions it is noted as follows:

· The lease to the Momona Playgroup over part of the Momona Recreation Reserve contains facilities for the specific occupation and use of the space for the play group who pay rental and fulfil the requirements of the now expired lease.

· The area has been used for over ten years for play group activities and there has been no demand by dog owners to walk their dogs within this relatively small space (1710m²).

· The Momona area itself is largely rural in nature and there is limited demand by dog owners to walk their dogs within recreation spaces as the majority of properties in the area are large in size. The only small residential properties are within the Momona Village that is part of the Dunedin Airport complex and this area also contains green space for dog walking.

· The area is not compatible with dogs being exercised on a leash within the space and has not regularly in the past been used by dog owners to walk their dogs.

OPTIONS

Option One - Grant the Lease

16 That the Hearings Committee recommends granting the lease to the Momona Play Group for part of the Momona Recreation Reserve as outlined in this Report.

Advantages

· The Council complies with the requirements of the Reserves Act 1977 and its own policies for Agreements over land.

· The lease can be granted with the lessee having security of tenure for the future.

· An annual income is secured for the occupation of the land.

· There are no maintenance costs for the occupation.

· The Momona community benefit from the occupation as there is no other facility for children under five of this type in the area.

Disadvantages

· The general public are unable to use the area for walking dogs on a leash or any other purpose.

Option Two – Do not Grant the Lease

17 That the Hearings Committee does not recommend granting the lease to the Momona Play Group for part of the Momona Recreation Reserve as outlined in this Report.

Advantages

· The general public are able to use the area for walking dogs on a leash or any other purpose.

Disadvantages

· The Council does not comply with the requirements of the Reserves Act 1977 and its own policies for Agreements over land.

· The lease cannot be granted with the lessee having security of tenure for the future.

· An annual income is not secured for the occupation of the land.

· There will be maintenance costs for the land proposed to be licensed and options for the building will need to be investigated.

· The Momona community cannot benefit from the occupation and there will be no facility for children under five in the area.

CONCLUSION

18 Having regard to the above assessment, it is recommended that the Hearings Committee receive this report and make a decision on whether to adopt Option One or Option Two.

Delegations

19 If the decision is to adopt Option One – Grant the Lease, then this falls with Council to approve in terms of the Minister of Conservation’s delegation. A report will be submitted at a Council meeting to recommend that the lease be granted.

Signatories

Author:

Maria Sleeman - Leasing Officer

Authoriser:

Robert West - Group Manager Parks and Recreation

Leanne Mash - General Manager Infrastructure and Networks (Acting)

Attachments

	Title	Page
a	Lease Summary Sheet including aerial photograph of land to be leased	114
b	Copy of submission received	115
c	Copy of Dog Control Bylaw 2016	117
d	Map 63 of Dog Control Bylaw 2016	129

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision relates to providing a public service and it is considered good-quality and cost-effective, by granting the lease specific to the occupation of the Reserve land.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☐	☐	☒
Environment Strategy	☐	☐	☒
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☐	☐	☒
Spatial Plan	☒	☐	☐
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☒	☐	☐
Other strategic projects/policies/plans	☐	☐	☒

The granting of a lease to the Momona Playgroup contributes to the outcomes of the Social Wellbeing Strategy by enabling healthy and safe people, the Spatial Plan by contributing to a liveable city and the Parks and Recreation Strategy by enabling recreation activities, including clarity in terms of the use of space within the City.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

A decision on whether to grant the lease or not will provide clarity for the occupiers, public and Council over the use of Reserves.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

No implications.

Financial considerations

Significance

The proposed lease has a low level of significance in terms of community interest and engagement under the Council’s Significance & Engagement Policy.

Engagement – external

A public notification process has been undertaken as outlined on page 2 of the Report. Engagement has also been undertaken with the submitter.

Engagement - internal

The Chief Legal Officer has provided feedback on the matter, and the relevant Parks Officers has been advised of the proposal.

Risks: Legal / Health and Safety etc.

There may be Health and Safety implications in terms of dogs and their access to occupied sites.

Conflict of Interest

There is no conflict of interest.

Community Boards

The land proposed to be leased is within the Mosgiel-Taieri Community Board area they have been advised of the proposed lease.

Hearings Committee

22 March 2018

Submission on the Granting of a Lease over part Waikouati Recreation Reserve to the Eastern Rugby Football Club Inc

Department: Parks and Recreation

EXECUTIVE SUMMARY

2 There is a lease proposed to be granted over part of the Waikouaiti Recreation Reserve for the occupation of the Eastern Rugby Football Club rooms at 133 Matanaka Drive, Waikouaiti. The proposal has been notified under Sections 119 and 120 of the Reserves Act 1977 and was notified for one month asking for submissions. Information packs were provided.

3 The proposed lease is a Council standard template subject to the Reserves Act 1977.

RECOMMENDATIONS

That the Hearings Committee:

a) Considers the submission received in relation to the proposed Lease.

b) Decides to grant or decline the proposed Lease to the Eastern Rugby Football Club Incorporated under Section 120 of the Reserves Act 1977 being the situated at Waikouaiti Recreation Reserve, 133 Matanaka Drive, Waikouaiti more particularly described as 342m²more or less being part Lot 3, Deeds Plan 413, Block VI, Hawkesbury Survey District, Classified as Recreation as set out in part NZ Gazette 2017-In6355 for 20 years from 1 October 2010.

c) Recommends to grant a lease to Eastern Rugby Football Club Incorporated under Section 54(1)(b) of the Reserves Act 1977 being the land situated at Waikouaiti Recreation Reserve, 133 Matanaka Drive, Waikouaiti more particularly described as 342m²more or less being part Lot 3, Deeds Plan 413, Block VI, Hawkesbury Survey District, Classified as Recreation as set out in part NZ Gazette 2017-In6355 for 20 years from 1 October 2010.

d) Notes the requirement to publicly notify the intention to grant the lease has been satisfied.

BACKGROUND

5 Waikouaiti Recreation Reserve, more commonly known as the Waikouaiti Domain is a large area of recreation land of some 20 hectares situated on the corner of Beach Street and Matanaka Drive adjacent to the Waikouaiti foreshore.

6 It contains a large area of sports fields, (approximately 4.5 ha), an area containing sports clubs (including the Eastern Rugby Club building) and facilities, the Waikouaiti Camping Ground and an area of informal tracks.

7 The area occupied by the Eastern Rugby Football Club building is 342m²and contains toilets, changing rooms, training facilities a bar, kitchen and lounge area.

8 The Eastern Rugby Football Club use the adjoining sports field for training and competitive games and these areas are booked for use through the Council booking system.

9 Membership of the Eastern Rugby Football Club numbers 71 playing members 37 other members fielding premier, senior and under 18 teams.

10 The lease expired on 30 September 2010 and it is proposed to grant the lease from 1 October 2010 for 20 years. The Group has continued to occupy the space and fulfil all the requirements of the expired lease.

11 Public notification was undertaken advising of the intention to grant a lease with a submission received against the proposal.

DISCUSSION

12 Please refer to Attachment A which provides a summary of the proposed lease including an aerial photograph of the proposed area to be occupied under the lease.

consultation summary

Relevant Reserve Management Plans

16 The lease is also specified in the Sportsground Management Plan (approved 29 June 1999). Reference is made to the occupation of the rugby club in the Waikouaiti Domain Management Plan and Development Proposals under the former Silverpeaks County Council approved 2 June 1987.

Submission and Evaluation

17 The points raised in the submission as set out in Attachment B are summarised as follows:

· The submission received did not object to sport and recreation activities and fully supports the activities of the propose lessee and the use of the area. The objection is because the proposed lease is inconsistent as the area is set aside for off-leash access for dogs pursuant to clause 5.6.1 and Schedule E of the Dunedin City Dog Control Bylaw 2016 (Maps 8 and 9).

· Allowing groups of people to enter closely confined spaces is not compatible with unobstructed off-leash exercise of dogs and creates a significant risk to all users. The draft lease does not accommodate this and creates a conflict.

· No public benefit has been identified that outweighs the negative impacts of the occupation.

· The submitter reiterates that there is no personal objection to sporting activities but the issue lies entirely with the Dunedin City Dog Control Bylaw 2016.

18 The Dog Control Bylaw 2016 came into effect on 1 July 2016 a copy of this is attached as Attachment C. The specific Dog Bylaw Map is Attachment D.

19 In response to the submissions it is noted as follows:

· The lease to the Eastern Rugby Football Club over part of the Waikouaiti Recreation Reserve contains facilities for the specific occupation and use of the space for the rugby club rooms and the Club pays rental and fulfils the requirements of the now expired lease.

· The area has been occupied by Eastern Rugby Football Club since 1989 and there has been no demand by dog owners to walk their dogs within this relatively small space (342m²) that is the rugby club rooms.

· Waikouaiti Recreation Reserve is a large area that contains sport fields. Dogs are permitted off leash on DCC owned sports grounds in areas that are not marked playing fields and must be on a leash when games are being played.

· There are a number of opportunities within the Waikouaiti Recreation Reserve for a dog to be walked off a leash as there are informal tracks and open spaces that are not marked sports fields within the Reserve.

· In addition there is a large area of adjoining foreshore where dogs are also permitted off leash.

· Waikouaiti contains a significant amount of informal rural areas where there is ample opportunity for dogs to be walked off a leash.

· The area proposed to be leased is used exclusively by the Eastern Rugby Football Club and is not compatible with dogs being exercised off leash within the space and has never been used by dog owners to walk their dogs.

OPTIONS

Option One - Grant the Lease

20 That the Hearings Committee recommends granting the lease to the Eastern Rugby Football Club for part of the Waikouaiti Recreation Reserve as outlined in this Report.

Advantages

· The Council complies with the requirements of the Reserves Act 1977 and its own policies for Agreements over land.

· The lease can be granted with the lessee having security of tenure for the future.

· An annual income is secured for the occupation of the land.

· There are no maintenance costs for the occupation.

· The Waikouaiti community benefit from the occupation as there is no other rugby club in Waikouaiti.

Disadvantages

· The general public are unable to use the area for walking dogs off leash or any other purpose.

Option Two – Do not Grant the Lease

21 That the Hearings Committee does not recommend granting the lease to the Eastern Rugby Football Club for part of the Waikouaiti Recreation Reserve as outlined in this Report.

Advantages

· If the building were to be removed the general public would be able to use the area for walking dogs off leash or any other purpose.

Disadvantages

· The Council does not comply with the requirements of the Reserves Act 1977 and its own policies for Agreements over land.

· The lease cannot be granted with the lessee having security of tenure for the future.

· An annual income is not secured for the occupation of the land.

· There will be maintenance costs for Council and options for the building will need to be investigated.

· The Waikouaiti community cannot benefit from the occupation and there will be no rugby club facility in Waikouaiti.

CONCLUSION

22 Having regard to the above assessment, it is recommended that the Hearings Committee receive this report and make a decision on whether to adopt Option One or Option Two.

Delegations

23 If the decision is to adopt Option One – Grant the Lease, then this falls with the Hearings Committee to approve.

Signatories

Author:

Maria Sleeman - Leasing Officer

Authoriser:

Robert West - Group Manager Parks and Recreation

Leanne Mash - General Manager Infrastructure and Networks (Acting)

Attachments

	Title	Page
a	Lease Summary Sheet including aerial photograph of land to be leased	137
b	Copy of submission received	138
c	Copy of Dog Control Bylaw 2016	140
d	Maps 8 and 9 of Dog Control Bylaw 2016	152

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision relates to providing a public service and it is considered good-quality and cost-effective, by granting the lease specific to the occupation of the Reserve land.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☐	☐	☒
Environment Strategy	☐	☐	☒
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☐	☐	☒
Spatial Plan	☒	☐	☐
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☒	☐	☐
Other strategic projects/policies/plans	☐	☐	☒

The granting of a lease to the Eastern Rugby Football Club Inc contributes to the outcomes of the Social Wellbeing Strategy by enabling healthy and safe people, the Spatial Plan by contributing to a liveable city and the Parks and Recreation Strategy by enabling recreation activities, including clarity in terms of the use of space within the City.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

A decision on whether to grant the lease or not will provide clarity for the occupiers, public and Council over the use of Reserves.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

No implications.

Financial considerations

Significance

The proposed lease has a low level of significance in terms of community interest and engagement under the Council’s Significance & Engagement Policy.

Engagement – external

A public notification process has been undertaken as outlined on page 2 of the Report. Engagement has also been undertaken with the submitter.

Engagement - internal

The Chief Legal Officer has provided feedback on the matter, and the relevant Parks Officers has been advised of the proposal.

Risks: Legal / Health and Safety etc.

There may be Health and Safety implications in terms of dogs and their access to occupied sites.

Conflict of Interest

There is no conflict of interest.

Community Boards

The land proposed to be leased is within the Coast Community Board area they were advised via an e-mail from the Governance Support Officer.

Hearings Committee

22 March 2018

Submission on the Granting of a Lease over part Waikouati Recreation Reserve to the Waikouaiti District Pony Club Inc

Department: Parks and Recreation

EXECUTIVE SUMMARY

2 There is a lease proposed to be granted over part of the Waikouaiti Recreation Reserve for the occupation of the Waikouaiti District Pony Club Inc club rooms and training paddock located near and behind the tennis courts and bowling green at the end of the drive accessing the Reserve. The proposal has been notified under Sections 119 and 120 of the Reserves Act 1977 and was notified for one month asking for submissions. Information packs were provided.

3 The proposed lease is a Council standard template subject to the Reserves Act 1977.

RECOMMENDATIONS

That the Hearings Committee:

a) Considers the submission received in relation to the proposed Lease.

b) Decides to grant or decline the proposed Lease to the Waikouaiti District Pony Club Inc under Section 120 of the Reserves Act 1977 being the situated at Waikouaiti Recreation Reserve, Matanaka Drive, Waikouaiti more particularly described as 1.7842 hectaresmore or less being part Lot 3, Deeds Plan 413, Block VI, Hawkesbury Survey District, Classified as Recreation as set out in part NZ Gazette 2017-In6355 for 10 years from 1 May 2018..

c) Recommends to grant a lease to the Waikouaiti District Pony Club Incorporated under Section 54(1)(c) of the Reserves Act 1977 being the land situated at Waikouaiti Recreation Reserve, Matanaka Drive, Waikouaiti more particularly described as 1.7842 hectaresmore or less being part Lot 3, Deeds Plan 413, Block VI, Hawkesbury Survey District, Classified as Recreation as set out in part NZ Gazette 2017-In6355 for 10 years from 1 May 2018.

d) Notes the requirement to publicly notify the intention to grant the lease has been satisfied.

BACKGROUND

6 It contains a large area of sports fields, (approximately 4.5 ha), an area containing sports clubs (including the Waikouaiti District Pony Club building and training paddock) and facilities, the Waikouaiti Camping Ground and an area of informal tracks.

7 The area occupied by the Waikouaiti District Pony Club is 1.7842 hectaresand contains a small club room and storage area with the remaining area consisting of a fenced paddock for horse exercising and training.

8 The improvements within the land proposed to be leased are owned by and are the responsibility of the Waikouaiti District Pony Club.

9 Membership of the Waikouaiti District Pony Club numbers 20 including both junior and senior riders. The ground is open to all Club members while non-members are asked to pay a donation and seek permission for use.

10 The lease expired on 31 March 1994 with a right of renewal, however this was not exercised. It is proposed to grant the lease from 1 May 2018 for 10 years. Despite the expired lease the Waikouaiti District Pony Club has continued to occupy the space, pay rental and fulfil all the requirements of the expired lease.

11 Public notification was undertaken advising of the intention to grant a lease with a submission received against the proposal.

DISCUSSION

12 Please refer to Attachment A which provides a summary of the proposed lease including an aerial photograph of the proposed area to be occupied under the lease.

consultation summary

14 A public notice was advertised on Saturday 13 January 2018 with submissions closing on Monday 12 February 2018. Information was also displayed on the DCC website for the period of the consultation and hard copies provided at the Civic Centre, Dunedin.

Relevant Reserve Management Plans

16 The lease is also specified in the Sportsground Management Plan (approved 29 June 1999). Reference is made to the occupation of the pony club in the Waikouaiti Domain Management Plan and Development Proposals under the former Silverpeaks County Council approved 2 June 1987.

Submission and Evaluation

17 The points raised in the submission as set out in Attachment B are summarised as follows:

· The activity of conducting equestrian activities is no considered compatible with unobstructed public access and creates a significant risk to all users. The draft lease does not provide for unobstructed access for members of the public exercising dogs off leash and creates a conflict.

· No public benefit has been identified that outweighs the negative impacts of the occupation.

· The submitter reiterates that there is no personal objection to pony club activities and fully supports the use of the area for that activity. The issue lies entirely with the Dunedin City Dog Control Bylaw 2016.

18 The Dog Control Bylaw 2016 came into effect on 1 July 2016 a copy of this is attached as Attachment C. The specific Dog Bylaw Maps are attachment D.

19 In response to the submissions it is noted as follows:

· The lease to the Waikouaiti District Pony Club over part of the Waikouaiti Recreation Reserve contains facilities for the specific occupation and use of the space for the pony club activities. The Club pays rental and fulfils the requirements of the now expired lease.

· The area has been occupied by the Waikouaiti DistrictPony Club since 1984. While the area is fully fenced and gated at times when there is no pony club activity the public have the ability to access the space informally. This is not provided for in the lease.

· The area that is leased is 1.7842 hectares with the total area of the Waikouaiti Recreation Reserve being some 20 hectares.

· Waikouaiti Recreation Reserve contains sport fields. Dogs are permitted off leash on DCC owned sports grounds in areas that are not marked playing fields and must be on a leash when games are being played.

· In addition there is a large area of adjoining foreshore where dogs are also permitted off leash.

· Waikouaiti contains a significant amount of informal rural areas where there is ample opportunity for dogs to be walked off a leash.

OPTIONS

Option One - Grant the Lease

20 That the Hearings Committee recommends granting the lease to the Waikouaiti District Pony Club Inc for part of the Waikouaiti Recreation Reserve as outlined in this Report.

Advantages

· The Council complies with the requirements of the Reserves Act 1977 and its own policies for Agreements over land.

· The lease can be granted with the lessee having security of tenure for the future.

· An annual income is secured for the occupation of the land.

· There are no maintenance costs for the occupation.

· The Waikouaiti community benefit from the occupation as there is no other pony club in Waikouaiti.

Disadvantages

· While the general public are unable to informally use the area for walking dogs off leash when there are no pony club activities, the lease provides for exclusive use to the lessee.

Option Two – Do not Grant the Lease

21 That the Hearings Committee does not recommend granting the lease to the Waikouaiti District Pony Club Inc for part of the Waikouaiti Recreation Reserve as outlined in this Report.

Advantages

· If there was no lease in place and the club room building were to be removed the general public would be able to use the area for walking dogs off leash or any other purpose.

Disadvantages

· The Council does not comply with the requirements of the Reserves Act 1977 and its own policies for Agreements over land.

· The lease cannot be granted with the lessee having security of tenure for the future.

· An annual income is not secured for the occupation of the land.

· There will be maintenance costs for Council and options for the building will need to be investigated.

· The Waikouaiti community cannot benefit from the occupation and there will be no pony club facility in Waikouaiti.

CONCLUSION

22 Having regard to the above assessment, it is recommended that the Hearings Committee receive this report and make a decision on whether to adopt Option One or Option Two.

Delegations

23 If the decision is to adopt Option One – Grant the Lease, then this falls with the Hearings Committee to approve.

Signatories

Author:

Maria Sleeman - Leasing Officer

Authoriser:

Robert West - Group Manager Parks and Recreation

Leanne Mash - General Manager Infrastructure and Networks (Acting)

Attachments

	Title	Page
a	Lease Summary Sheet including aerial photograph of land to be leased	161
b	Copy of submission received	163
c	Copy of Dog Control Bylaw 2016	165
d	Maps 8 and 9 of Dog Control Bylaw 2016	177

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision relates to providing a public service and it is considered good-quality and cost-effective, by granting the lease specific to the occupation of the Reserve land.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☐	☐	☒
Environment Strategy	☐	☐	☒
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☐	☐	☒
Spatial Plan	☒	☐	☐
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☒	☐	☐
Other strategic projects/policies/plans	☐	☐	☒

The granting of a lease to the Waikouaiti Pony Club Inc contributes to the outcomes of the Social Wellbeing Strategy by enabling healthy and safe people, the Spatial Plan by contributing to a liveable city and the Parks and Recreation Strategy by enabling recreation activities, including clarity in terms of the use of space within the City.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

A decision on whether to grant the lease or not will provide clarity for the occupiers, public and Council over the use of Reserves.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

No implications.

Financial considerations

Significance

The proposed lease has a low level of significance in terms of community interest and engagement under the Council’s Significance & Engagement Policy.

Engagement – external

A public notification process has been undertaken as outlined on page 3 of the Report. Engagement has also been undertaken with the submitter.

Engagement – internal

The Chief Legal Officer has provided feedback on the matter, and the relevant Parks Officers has been advised of the proposal.

Risks: Legal / Health and Safety etc.

There may be Health and Safety implications in terms of dogs and their access to occupied sites.

Conflict of Interest

There is no conflict of interest.

Community Boards

The land proposed to be leased is within the Waikouaiti Coast Community Board area they were advised via an e-mail from the Governance Support Officer.