Date: Tuesday 28 August 2018
Time: 1.00
pm
Venue: Council
Chamber, Municipal Chambers,
The
Octagon, Dunedin
Council
OPEN ATTACHMENTS
UNDER SEPARATE COVER
ITEM TABLE
OF CONTENTS PAGE
6.1 Ordinary
Council meeting - 13 August 2018
a Minutes
of Ordinary Council meeting held on 13 August 2018 3
7 Infrastructure
Services and Networks Committee - 13 August 2018
a Minutes
of Infrastructure Services and Networks Committee held on 13 August 2018 6
8 Economic
Development Committee - 10 July 2018
a Minutes
of Economic Development Committee held on 10 July 2018 12
9 Community
and Culture Committee - 14 August 2018
a Minutes
of Community and Culture Committee held on 14 August 2018 17
10 Planning
and Environment Committee - 14 August 2018
a Minutes
of Planning and Environment Committee held on 14 August 2018 25
11 Hearings
Committee - 22 March 2018
a Minutes
of Hearings Committee held on 22 March 2018 29
12 Waikouaiti
Coast Community Board - 23 May 2018
a Minutes
of Waikouaiti Coast Community Board held on 23 May 2018 36
13 Strath
Taieri Community Board - 24 May 2018
a Minutes
of Strath Taieri Community Board held on 24 May 2018 41
14 Otago
Peninsula Community Board - 24 May 2018
a Minutes
of Otago Peninsula Community Board held on 24 May 2018 47
15 West
Harbour Community Board - 6 June 2018
a Minutes
of West Harbour Community Board held on 6 June 2018 54
16 Saddle
Hill Community Board - 7 June 2018
a Minutes
of Saddle Hill Community Board held on 7 June 2018 61
17 Mosgiel-Taieri
Community Board - 13 June 2018
a Minutes
of Mosgiel-Taieri Community Board held on 13 June 2018 67
Hearings Committee
MINUTES
Minutes of an ordinary
meeting of the Hearings Committee held in the Edinburgh Room, Municipal
Chambers, The Octagon, Dunedin, on Thursday 22 March 2018, commencing at 9.00
am
PRESENT
|
Chairperson
|
Commissioner Colin Weatherall
|
|
IN ATTENDANCE
|
Grant Redman (Commercial and
Project Manager, Parks and Recreation) and Maria Sleeman (Leasing Officer,
Parks and Recreation)
|
Governance Support Officer Wendy
Collard
Commissioner Weatherall advised that he was the Chairperson
of the Sunnyvale Sporting Centre and was dealing with staff on a matter along
with the Sunnyvale Sporting Centre's Legal Counsel. Mr Weatherall
commented that he did not have a pecuniary interest in the matter.
1 Submission
on Emerson Park Recreation Reserve Revocation of Reservation
The Commissioner gave consideration to the proposed Reserve
revocation over part of the Emerson Park Recreation Reserve.
The report noted that 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, Dunedin, with a licence to occupy the
reserve land granted to the owner.
The owner has applied to purchase the licensed land that was
legally part of the Reserve. The sale of the land was approved by Council
at its meeting held on 28 March 2018. Part of the process to give effect
to the sale was that the recreation reservation of the licensed land needed to
be revoked. The action was undertaken under section 24 of the Reserves
Act 1977 and came with a public notification process as specified in Section
24(2)(c).
One submission was received with the submitter wishing to be
heard. The submission described that the area was set aside for off-leash
exercise for dogs pursuant to clause 5.6.1(d) of the Dunedin City Dog Control
By-Law 2016.
Under the Reserves Act 1977, submitters needed to
demonstrate that the area was required for future recreational use.
Revocation of part of the reserve would not detract from the amenity, or the
use of the balance reserve. Therefore it was recommended that the
objection be declined in this instance.
The Commercial and Project Manager (Grant Redman) spoke to
the report and provided a background to the working party which had been
formed to help identify how dog control could be better managed in the
City. Mr Redman commented that consideration of improving the operation
of the Dog Control Bylaw ("the Bylaw") was one factor in the matters
under contemplation by the working party. He noted that the submitter was
a member of this working party. Mr Redman advised that he felt that these
matter were not able to be taken into account in respect of the decisions as
they related to a different Council processes. Therefore, parts of the
submission which referred to those factors should be given no weight.
In response to questions, the Leasing Officer (Maria
Sleeman) advised that the land concerned had never been used as part of the
Reserve by a creek and had been leased by the owner for a number of
years. Mrs Sleeman commented that while it had been expired for a number
of years, it had taken this time to get to this point.
Mrs Sleeman responded to a question on the reinstatement of
the land should the revocation be declined and whether the cost for this would
lie with the owners of 18 Emerson Street. She advised that Council had
yet to make a decision.
Submitter
Karen Anderson spoke to her submissions and commented
that the granting of the leases, licences and the revocation of Reserves would
be inconsistent with status created by the Bylaw.
Miss Anderson then spoke to her submission on the Emerson
Park Recreation Reserve revocation of reservation and advised that the reasons
for her objection included:
· Right
of access for dogs off the leash as provided for by the Bylaw;
· the
revocation of the reserve would be changing the Bylaw; and
· concerns
contaminants and the removal of structures should the revocation of the reserve
be declined.
Miss Anderson commented that the Commissioner was making a
decision on what was happening now and what might be happening in the future.
2 Submission
on the Granting of a Licence over part Mulford Park Recreation Reserve
The Commissioner gave
consideration to the granting of a licence over part of the Mulford Park
Recreation Reserve.
The report noted that a grazing
licence was proposed to be granted to R I McKay over part of Mulford Park Recreation
Reserve which was a large area of land adjacent to Mulford Street, and situated
behind the houses largely on Mulford Street and parts of Bell and Roy
Crescents. The proposal had been notified under Sections 119 and 120 of
the Reserves Act 1977.
One submission was received from a
submitter who wished to be heard. The primary point was that the proposed
licence was inconsistent with the Dog Control Bylaw and that no public
benefit was provided.
3 Submission
on the Granting of a Lease over part Miller Park Recreation Reserve
The Commissioner gave
consideration to the granting of a lease over part of Miller Park Recreation
Reserve.
The report advised that a lease
was proposed to be granted over part of the Miller Park Recreation Reserve for
the occupation of the Con-Rodders Rod and Custom Club Inc and Stateside
Streeters Inc ("the Car Club") club rooms at Carnforth Street,
Abbotsford. It noted that the proposal had been notified under Sections
119 and 120 of the Reserves Act 1977.
One submission was received from a
submitter who wished to be heard. The submitter advised that the issue
did not lie with the proposed lease but entirely with the Dog Control Bylaw
2016.
4 Submission
on the Granting of a Lease over part Mosgiel Memorial Park
The Commissioner gave
consideration to the granting of a lease over part of Mosgiel Memorial Park.
The report noted that a lease was
proposed to be granted to the Athletics Taieri Inc over part of the Recreation
Reserve known as Mosgiel Memorial Park. The address of the park is 187D Gordon
Road, Mosgiel and located on Reid Avenue adjacent to the Mosgiel Football and
Squash Club building. The proposal was notified under Sections 119 and
120 of the Reserves Act 1977.
One submission was received from a
submitter who wished to be heard. The submitter advised that the issue
did not lie with the proposed lease but entirely with the Dog Control Bylaw
2016.
5 Submission
on the Granting of a Lease over part Momona Recreation Reserve
The Commissioner gave
consideration to the granting of a lease over part of Momona Recreation
Reserve.
The report noted that a lease was
proposed to be granted to the Momona Playgroup was located on the corner of
Bruce and Centre Roads at 2 Bruce Road, Momona. The proposal was notified
under Sections 119 and 120 of the Reserves Act 1977.
One submission was received from a
submitter who wished to be heard. The primary point was that the proposed
licence was inconsistent with the Dog Control Bylaw and that no public
benefit was provided.
6 Submission
on the Granting of a Lease over part Waikouati Recreation Reserve to the
Eastern Rugby Football Club Inc
The Commissioner gave
consideration to the granting of a lease over part of the Waikouaiti Recreation
Reserve.
The report advised that a lease
was 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 was notified under Sections 119 and 120 of the
Reserves Act 1977.
One submission was received from a
submitter who wished to be heard. The submitter advised that the issue
did not lie with the proposed lease but entirely with the Dog Control Bylaw
2016.
7 Submission
on the Granting of a Lease over part Waikouati Recreation Reserve to the
Waikouaiti District Pony Club Inc
The Commissioner gave
consideration to the granting of a lease over part of the Waikouaiti Recreation
Reserve.
The report advised that a lease
was proposed to be granted over part of the Waikouaiti Recreation Reserve for
the occupation of the Waikouaiti District Pony 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 was notified under
Sections 119 and 120 of the Reserves Act 1977.
One submission was received from a
submitter who wished to be heard. The submitter advised that the issue
did not lie with the proposed lease but entirely with the Dog Control Bylaw
2016.
Miss Anderson spoke to her remaining submissions and
reiterated the points that she made during her verbal presentation on the
Emerson Park Recreation Reserve Revocation of Reservation.
Miss Anderson then commented on the remaining leases and
licences and her specific concerns with each of them.
The meeting adjourned at 10.22 am and reconvened at 10.40
am.
Miss Anderson continued with her presentation and then
responded to questions .
STAFF REVIEW
Mr Redman reviewed the recommendations
in the reports and advised that he maintained staff's recommendation to grant
the leases and licences, and the Emerson Park Recreation Reserve revocation of
reservation.
Mr Redman commented that the Parks
and Recreation staff had not been involved in the review of the Bylaw and was
unable to provide advice on it as it was not his area of expertise.
Mrs Sleeman commented that the
recommendations had been made with the requirements of the Reserves Act 1977
and Council Policies as the focus.
In response to a questions regarding the Bylaw, Mr Redman
advised the consideration and weighting of the Bylaw was a matter for the
Commissioner. He commented that the Commissioner would need to form a
view on how it impacted on the Reserves Act.
The meeting adjourned at 11.29 am.
Decisions
The Commissioner gave final consideration to the objections,
and all other information presented at the hearing; and in particular the
weight that needed to apply to the evidence presented regarding the Dunedin
City Council Dog Control Bylaw 2016.
The Commissioner ruled:
Emerson Park Recreation
Reserve Revocation of Reservation
That pursuant
to section 120 and Section 24(i)(b) of the Reserves Act 1977, the Dunedin City
Council grants the revocation of the Recreation Reserve status as the
land is surplus to reserve requirements. This land being 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 attached to the
decision.
Licence over part Mulford
Park Recreation Reserve
That acting in
the capacity of administering body and pursuant to section 74 of the Reserves
Act 1977, the Dunedin City Council grants the licence 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 512212 for five years
from 1 May 2018.
That acting under the
Minister's delegation and pursuant to section 74 of the Reserves Act 1977, I
recommend that Council grants a licence to R I McKay over part Mulford
Park Recreational Reserve 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, par NZ Gazette 512213 for five years from 1 May 2018.
Lease over part Miller Park
Recreation Reserve
That acting as the administering body and pursuant to section 120 of
the Reserves Act 1977, the Dunedin City Council grants the lease to
the Con-Rodders Rod and Custom Club Inc & Stateside Streeters Inc being
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.
That
acting under the Minister's delegation and pursuant to section 54(1)(b) of the
Reserves Act 1977, I recommend that Council grants 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.
Lease over part Mosgiel
Memorial Park
That pursuant
to section 120 of the Reserves Act 1977, the Dunedin City Council grants
the lease to Athletics Taieri Inc being situated at Mosgiel Memorial Park, 187D
Gordon Road, Mosgiel more particularly described as 428m² more or less
being part Lot 1, Deposited Plan 9385, part Computer Freehold Register 289571
for 20 years from 1 July 2015.
That pursuant to section 54
(1)(b) of the Reserves Act 1977, I recommend that Council grants a lease
to Athletics Taieri Inc being the land situated at
Mosgiel Memorial Park, 187D Gordon Road, Mosgiel more particularly described as
428m² more or less being part Lot 1, Deposited Plan 9385, part Computer
Freehold Register 289571 for 20 years from 1 July 2015.
Lease over part Momona
Recreation Reserve
That acting in
the capacity of the administering body and pursuant to section 120 of the
Reserves Act 1977, the Dunedin City Council grants the lease to Momona
Play Group being 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.
That acting under the
Minister's delegation and pursuant to section 54 (1)(b) of the Reserves Act
1977, I recommend that Council grants a lease to Momona Play Group being the 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.
I recommend
that Council approves the lease to Momona Play Group being the 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 under the terms of the Minister of
Conservation's delegation.
Lease over
part Waikouaiti Recreation Reserve to Eastern Rugby Football Club Inc
Pursuant to
sections 120 and 54 of the Reserves Act 1977, the Dunedin City Council acting
in its capacity as the administering body grants the lease to Eastern
Rugby Football Incorporated for 20 years from 1 October 2010 for land situated
at Waikouaiti Recreation Reserve, 133 Matanaka Drive, Waikouaiti more
particularly described as 342m² more or less being part Lot 3, DP 413,
Block VI, Hawkesbury Survey District, Classified as Recreation Reserve as set
out in part NZ Gazette 2017-In6355.
That in respect of the Council
exercising the Minister's delegation pursuant to section 54 (1)(b) of the
Reserves Act 1977, I recommend to the Council that it exercises the
Minister's delegation to grant the lease to
Eastern Rugby Football Incorporated for 20 years from 1 October 2010 for land
situated at Waikouaiti Recreation Reserve, 133 Matanaka Drive, Waikouaiti more
particularly described as 342m² more or less being part Lot 3, DP 413,
Block VI, Hawkesbury Survey District, Classified as Recreation Reserve as set
out in part NZ Gazette 2017-In6355.
Lease over part Waikouaiti
Recreation Reserve to the Waikouaiti District Pony Club Inc
That acting as
the administering body and pursuant to section 120 of the Reserves Act 1977,
the Dunedin City Council grants the lease to Waikouaiti District Pony
Club Incorporated being situated at Waikouaiti Recreation Reserve, Matanaka
Drive, Waikouaiti more particularly described as 1.7842 hectares more or less
being part Lot 3, DP 413, Block VI, Hawkesbury Survey District, Classified as
Recreation as set out in part NZ Gazette 2017-In6355 for 10 years from 1 July
2018..
That acting under the
Minister's delegation and pursuant to section 54 (1)(c) of the Reserves Act
1977, I recommend that Council grants a lease to Waikouaiti District Pony Club Incorporated being situated at
Waikouaiti Recreation Reserve, Matanaka Drive, Waikouaiti more particularly
described as 1.7842 hectares more or less being part Lot 3, DP 413, Block VI,
Hawkesbury Survey District, Classified as Recreation as set out in part NZ
Gazette 2017-In6355 for 10 years from 1 July 2018..
CHAIRPERSON
