Hearings Panel

Agenda

 

 

Notice of Meeting:

A Hearings Panel meeting will be held on:

 

Date:                                     Monday 18 June 2018

Time:                                    11am

Venue:                                 Committee Room 1, Level 2, Civic Offices,
53 Hereford Street, Christchurch

 

 

Panel

Members

Councillor David East

Community Board Member Debbie Mora

Community Board Member Kim Money

 

 

11 June 2018

 

 

 

 

 

Sarah Drummond

Committee and Hearings Advisor

941 6262

sarah.drummond@ccc.govt.nz

www.ccc.govt.nz

Note:  The reports contained within this agenda are for consideration and should not be construed as Council policy unless and until adopted.  If you require further information relating to any reports, please contact the person named on the report.
To view copies of Agendas and Minutes, visit:
https://www.ccc.govt.nz/the-council/meetings-agendas-and-minutes/

 


Hearings Panel

18 June 2018

 

 

 


Hearings Panel

18 June 2018

 

TABLE OF CONTENTS

 

1.       Apologies................................................................................................................................... 4 

2.       Election of a Chairperson......................................................................................................... 4

 

Staff Reports

3.       Proposed lease and licence to Eastern Community Sport and Recreation Incorporated over part of Rāwhiti Domain............................................................................................................ 5

4.       Submissions Recieved on the Application by Eastern Sports and Community Recreation Incorporated for a Lease and License Over Parts of Rāwhiti Domain................................ 93   

5.       Hearing of Submissions......................................................................................................... 171

6.       Hearing Panel Consideration and Deliberation.................................................................. 171 

 

 

 


Hearings Panel

18 June 2018

 

 

1.   Apologies

At the close of the agenda no apologies had been received.

2.   Election of Chairperson    

At  the start of the meeting a Chairperson will be elected.

 

       Conflicts of Interest         


Hearings Panel

18 June 2018

 

 

3.        Proposed lease and licence to Eastern Community Sport and Recreation Incorporated over part of Rāwhiti Domain

Reference:

18/543491

Presenter(s):

Joanne Walton  joanne.walton@ccc.govt.nz   03 941 6491

 

 

1.   Purpose of Report

1.1       The purpose of this report is for the Hearing Panel to consider the submissions received by the Christchurch City Council in response to the public notification of the Council’s intention to grant a ground lease and licence to Eastern Community Sport and Recreation Incorporated over part of Rāwhiti Domain. 

 

2.   Staff Recommendations

That the Hearings Panel:

1.         Receive the information contained in the Hearings Panel Report and consider the submissions received during the public consultation process, on the proposal to lease and licence part of Rāwhiti Domain.

2.         Recommend to the Coastal Burwood Community Board that they grant a lease a lease to Eastern Community Sport and Recreation Incorporated pursuant to the requirements of section 54(1)(c) of the Reserves Act 1977 over approximately 3881 square metres of the land Sec 2 SO 491011, as shown on the Plan in Attachment B, for a period of up to 33 years broken into three 11 year terms for the occupation and upgrade of four tennis courts, construction of a canopy building with additional lighting over three courts, the upgrade of a sand volleyball court, and the occupation of the former tennis pavilion building.

3.         Recommend to the Coastal Burwood Community Board that they grant a licence to Eastern Community Sport and Recreation Incorporated pursuant to the requirements of section 54(1)(c) of the Reserves Act 1977 over approximately 444 square metres of the land Sec 2 SO 491011, as shown on the Plan in Attachment B, for a period of up to 33 years broken into three 11 year terms for the construction of a radio-controlled car track.

4.         Recommend to the Coastal Burwood Community Board that provisions to ensure public availability of the court facilities is included in the terms of the lease, including that the outdoor tennis court is available for public use during summer evenings, except when there are booked major tournaments or events. 

5.         Recommend to the Coastal Burwood Community Board that the Property Consultancy Manager is authorised to make all decisions at their sole discretion to negotiate, conclude and administer all further terms and conditions of the lease and licence agreements.

3.   Background

3.1       Rāwhiti Domain is a large reserve of over 61 hectares in area situated in New Brighton. It contains a range of formal and informal recreational and sporting facilities including sports fields, courts, playground, dog exercise area, and built facilities, some of which are owned by different and organisations.

3.2       Centrally located within the Domain are existing court facilities comprising four tennis courts, one sand volleyball court, and a small building that was formerly a tennis pavilion. One tennis court has recently been upgraded by Eastern Community Sports and Recreation Incorporated, but the remaining three tennis courts and the beach volleyball court are in generally poor condition.   

3.3       Eastern Community Sports and Recreation Incorporated (ECSR) was established as a multi-sport club to support and deliver community-based sporting and recreation programmes and services to the wider eastern community. ECSR (previously known as Rāwhiti Community Sports Inc.) comprises a number of founding and affiliated members clubs including New Brighton Netball, New Brighton Cricket Club, New Brighton Rugby Club, Parklands-CHCH United Softball Club, Guardians of Rāwhiti, New Brighton Radio Controlled Car Club, and Christchurch Redbirds Baseball.

3.4       ESCR operates with a paid staff and support from a volunteer base, who deliver recreation and coaching programmes and community sport outcomes to the local community. Programmes currently include Rāwhiti OSCAR after school care and holiday programmes, Kiwisport, Eastern Junior and Senior Touch, Eastern Sports Cluster, and $2 pool at Rāwhiti School.

3.5       In November 2012, the Transport and Greenspace Unit Manager gave permission for ECSR to upgrade one existing tennis court in Rāwhiti Domain with a new artificial playing surface marked for both tennis and netball. The intention was to include this court in a lease for a much larger facility development for the Domain, but that the upgrading of the court at that earlier time by ECSR at their cost would not guarantee to the outcome of the subsequent lease application the following year. The upgrading of the one court took place but the lease application did not progress.

3.6       Approval was given in 2013 for the installation of lighting on the one upgraded court following a recommendation by the Burwood Pegasus Community Board on 15 April 2013 to the Transport and Greenspace Unit Manager. This upgraded court is now able to be used for night training by New Brighton Netball, a founding member of ECSR, and the club have relinquished their former lease area elsewhere in the Domain on this basis.

4.   The Proposal

4.1       ECSR have applied to Council for a new lease and licence over part of Rāwhiti Domain, including the existing tennis courts and sand volleyball court, to develop a set of spaces for sport and recreation activities in a centralised location. ECSR have submitted a number of proposals for some form of sporting hub in the Domain over the last 10 years. The current proposal is reduced in scope but ECSR have confirmed they would like this proposal to be progressed (Refer to Attachment E).

4.2       The proposal comprises:

4.2.1   A lease over all four existing outdoor tennis courts.

4.2.2   Installation of a new multi-sport surface and new fencing on the remaining three courts.

4.2.3   Construction of a lightweight open-sided canopy building with additional lighting over three of the courts (north-south orientation). This will enable the area to be used at night and during all weather conditions for training, programmes, and the development of a range of sport and recreation applications.

4.2.4   A lease over the existing sand volleyball court which will be upgraded and fenced to prevent dog fouling.

4.2.5   A lease over the former tennis club pavilion at the south end of the tennis courts. Council staff in discussion with ECSR propose that ECSR will take ownership of the building subject to the successful gifting of the building subsequent to the community consultation process on the ground lease. If the gifting of the building is not approved by full Council, the building will be leased to ECSR for their use.

4.2.6   A licence over an area of 444 square metres of open ground south of the courts and pedestrian pathway for a radio controlled car track which will be unfenced and open to the community when not in use by the clubs. 

4.3       The proposed ground lease comprises approximately 3881 square metres, and the proposed licence approximately 444 square metres, of Sec 2 SO 491011, part of Rāwhiti Domain, a recreation reserve under the Reserves Act 1977, that is 613,543 square metres in area.

4.4       The proposed development will be entirely funded by ECSR.

5.   Public notification and consultation

5.1       The proposed lease and licence was publicly notified in accordance with section 119(1)(b) of the Reserves Act 1977. A notice was placed in the Christchurch Press newspaper on 14 April 2018 with submissions closing on 18 May 2018.

5.2       A public information leaflet (Refer to Attachment C) was circulated to approximately 700 households in the immediate vicinity of the Domain along with 190 identified key stakeholders, and made available in Council’s libraries and on Council’s website. Three public drop-in sessions were also held during May 2108.

5.3       A total of 62 submissions were received by the closing date of 18 May 2018 (Refer to Attachment A).

5.4       Eight submitters have indicated they wish to be heard by the Hearing Panel.

6.   Summary of submissions

6.1       Of the 62 submissions received, 55 provided comments in support of the overall proposal with many believing the proposed facilities would be beneficial for sport and recreation opportunities for both individual sports and the wider community. A number of submissions made on behalf of sporting clubs and organisations provided background information on their own activities to support and illustrate the benefits of the proposed facilities.

6.2       Seven submissions made through the Council Have Your Say webpage did not have any content other than names and contact details. These submitters were contacted by email and three have replied that they support the proposed lease and licence.

6.3       Four of the submissions that indicated general support for the proposal, and one other, have also expressed concerns about the reduced availability of the tennis courts for wider public use if the lease is approved.

7.   Issues and staff responses

7.1       A total of five submissions raised issues about the ongoing availability of the tennis courts, with some suggesting proposed conditions and alternative development options to address these,   including:

·   The courts are currently well used by the community, and encourage physical and social activity without the barrier of cost.

·   Huge reduction in the current availability of the courts for public use.

·   Opposed to the terms of the lease that allow all of the courts to be in use by ECSR at certain times without any availability for public use.

·   The likely times for ECSR tournaments and events are also the times when the public will want to use the courts. If sports clubs are using all the courts every weekday evening and on Saturday mornings, most working and/or studying people will not be able to use them during these times.

·   Local use of the courts may be limited if it is locked, or always in use by other clubs.

·   Ongoing vandalism may result in the courts being locked all the time.

·   There should be a minimum of two courts that are specifically for tennis.

·   There should be an additional one or two courts that are either tennis-specific and/or multi-use.

·   Suggest building an additional outdoor court – both full time public access.

·   If the tennis facilities are reduced, the lease should require a block wall to be added for single players, in addition to the one outdoor court being available for public use. 

·   Requirements around public access should be terms of the lease, with further public consultation if it is proposed to change these at any time. 

·   Look at other locations in the Domain where the multi-sport facility could be built, e.g. the open space area for building in the Domain.

7.2       A statement on public use of the public use of the facilities has been made by ECSR during the public consultation period in response to public enquiries (Refer to Attachment D).

7.3       ECSR have confirmed that the upgraded courts will be available for wider community use, and that there will be public access to the covered courts when these are not in use by ECSR.

7.4       In response to this statement, staff believe that the Saturday morning use of the tennis courts for organised sport is not unreasonable. Two of the tennis courts were previously under licence to South Brighton Tennis Club for summer Saturday use. The Club have now surrendered their use rights to enable the ECSR development to proceed. Similarly staff believe that one block of Friday afternoon use of the courts during 10 weeks in winter for school sports is not unreasonable.

7.5       The use of all four courts from Monday to Friday during evenings over the summer period, when the public may expect to be able to play tennis in those evenings, is of concern. Staff are therefore recommending that the outdoor court remain available for public use during these times if they wish to make use of it.

7.6       Staff would note that the existing courts are not usable in inclement weather or during dark winter evenings. Wider public use of the courts is likely to increase with a canopy building that provides some shelter, and public evening use over winter for informal recreation may be feasible with the lighting to be installed by ECSR.

7.7       Once the canopy has been built, the outdoor court will be permanently unlocked. The intention is not to lock the covered courts when not in use by ECSR so that these remain available for public use. If vandalism does become an issue due to insufficient casual use and surveillance of the courts, this will be re-evaluated and options for providing continued public access while ensuring security will be investigated. ECSR’s consultant has indicated that the canopy building is of robust and resilient construction.

7.8       It is intended that all the upgraded courts are multi-sport to facilitate maximum use by a number of different activities. This will be achieved by multiple marking, rather than by dedicating specific courts to single use. Nets will be on rollers for easy rearrangement of the courts. Therefore it will not be feasible to have courts marked only for tennis. 

7.9       There is currently insufficient open space in the Domain for the construction of additional courts, or the relocation of the proposed new facility to another area of the Domain, without encroaching further on open green space for informal recreation. Rāwhiti Domain is experiencing very high demand for sporting and recreational activities, particularly those that require a designated space, and there are other new proposals also being presented for consideration by the community. The Domain appears to be approaching peak capacity, and the options for building the proposed courts/building elsewhere in the park would be minimal without the corresponding loss of some other facilities or uses.

7.10    The only area that is not obviously in high formal use is the space that was previously occupied by the housing village (under special legislation). However in the Rāwhiti Domain and Thomson Park Management Plan, this area is required to be kept as open space for casual recreation use due to the large area already taken up by sports facilities, something that was strongly supported by the community during the preparation of this Plan. If Council wanted to change this to allow development in this area, a limited review of this section of the reserve management plan would need to be undertaken. This is a fully public consultative process so the outcome couldn't be guaranteed.

 

 

Attachments

No.

Title

Page

a

Attachment A - Submissions & staff responses - Eastern Community Sports & Recreation Inc. lease/licence - Rawhiti Domain

10

b

Attachment B - Lease Plan - Eastern Community Sports & Recreation - Rawhiti Domain

34

c

Attachment C - Public information leaflet - Eastern Community Sports & Recreation - Rawhiti Domain

35

d

Attachment D - Public statement on public use of facilities - ECSR - Rawhiti Domain

37

e

Attachment E - Original lease application - Eastern Community Sports & Recreation - Rawhiti Domain February 2017

38

 

 

Signatories

Author

Joanne Walton - Policy Advisor

Approved By

Andrew Rutledge - Head of Parks

Mary Richardson - General Manager Citizen and Community

  


Hearings Panel

18 June 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

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Hearings Panel

18 June 2018

 

 

4.        Submissions Recieved on the Application by Eastern Sports and Community Recreation Incorporated for a Lease and License Over Parts of Rāwhiti Domain

Reference:

18/585822

Presenter(s):

Sarah Drummond, Committee and Hearings Advisor.

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is to collate for the consideration of the Hearings Panel the submissions received in response to the consultation the application by Eastern Sports and Community Recreation Incorporated for a lease and licence on parts of Rāwhiti Domain.

1.2       A volume of submissions received from submitters who have subsequently asked to be heard in person by the Hearings Panel and are scheduled to be heard at the meeting is appended as Attachment A.

1.3       A volume of submissions received from submitters who have not asked to be heard in person is appended as Attachment B

1.4       Note, that the Local Government Act 2002 requires, as one of the principles of consultation, that “the views presented to the local authority should be received by the local authority with an open mind and should be given by the local authority, in making a decision, due consideration” (section 82(1)(e)).

 

Attachments

No.

Title

Page

a

Attachment A Volume of Written Submissions from Submitters Wishing to be Heard

94

b

Attachment B Volume of Written Submissions from Submitters Not Wishing to be Heard

115

 

 

Signatories

Author

Sarah Drummond - Committee and Hearings Advisor

Approved By

Sarah Drummond - Committee and Hearings Advisor

 


Hearings Panel

18 June 2018

 

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Hearings Panel

18 June 2018

 

 

5.    Hearing of Submissions

 

Submitters who indicated they wished to be heard in person will have their presentations heard accordingly. A timetable can be found at the beginning of the volume of “Heard Submissions”, which is included above as Attachment A to Item 4 above.

 

 

 

6.    Hearings Panel Consideration and Deliberation