Hearings Panel

(Proposal for Baches at Taylors Mistake and Bays)

Agenda

 

 

Notice of Meeting:

A Hearings Panel meeting will be held on:

 

Date:                                     Monday 11 February 2019

Time:                                    9:30am

Venue:                                 Council Chambers, Level 2, Civic Offices,
53 Hereford Street, Christchurch

 

 

Panel

Chairperson

Members

Councillor Sara Templeton

Councillor David East

Councillor Yani Johanson

Councillor Anne Galloway

  Community Board Member Jake McLellan

 

 

5 February 2019

 

 

 

 

 

Mark Saunders

Hearings Advisor

941 6436

Mark.Saunders@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

11 February 2019

 

 


Hearings Panel

11 February 2019

 

TABLE OF CONTENTS

 

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

2.       Declarations of Interest............................................................................................................ 4

Staff Reports

3.       Taylors Mistake, Hobsons Bay and Boulder Bay Baches - Staff Report to Hearings Panel. 5

4.       Submissions Received on the Proposal for Baches at Taylors Mistake and Bays............ 137

5.       Hearing of Submissions......................................................................................................... 425

6.       Hearing Panel Consideration and Deliberation.................................................................. 425

 

 

 


Hearings Panel

11 February 2019

 

 

1.   Apologies

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

2.   Declarations of Interest

Members are reminded of the need to be vigilant and to stand aside from decision making when a conflict arises between their role as an elected representative and any private or other external interest they might have.

  


Hearings Panel

11 February 2019

 

 

3.        Taylors Mistake, Hobsons Bay and Boulder Bay Baches - Staff Report to Hearings Panel

Reference:

19/4316

Presenter(s):

Neil Gillon – Senior Project Manager, Transport
Tessa Zant – Senior Engagement Advisor

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       This report is for the Hearings Panel to consider the consultation feedback and submissions of the proposal for the future of the baches located on public road at Taylors Mistake, Hobsons Bay and Boulder Bay, and to make a recommendation to Council.

Origin of Report

1.2       This report is staff generated and fulfils Council resolution CNCL/2018/00290, that the Council:

3.      Appoints a Hearings Panel composed of the current members of the Working Party with the same Chair to consider and hear submissions on the preferred option for future of the baches and to assume and complete the Working Party’s delegation to make recommendations to the Council.

2.   Staff Recommendations

That the Hearings Panel:

1.         Receives the information within and attached to this report and considers the submissions received during the public consultation process on the proposal for baches at Taylors Mistake and bays.

2.         Notes that the public consultation period was from 23 November 2018 to 14 January 2019, inclusive, and included three public drop-in sessions.

3.         Notes that 171 submissions were received and that 35 submitters indicated a wish to be heard by the Hearings Panel.

4.         Notes that the proposal for the future of the baches located on public road at Taylors Mistake, Hobsons Bay and Boulder Bay consulted on as the preferred option was that a 35-year licence, for the bach to stay and be used for holiday accommodation, is offered to owners of baches with heritage value (that is those that are scheduled within the District Plan and those which meet the heritage criteria). The exception is where there is a moderate to high risk from natural hazards that are not mitigated by the bach owner. Baches that are not offered a licence are demolished or, where possible, relocated to the new bach zone behind the ‘Rotten Row’ baches at Taylors Mistake (noting that new bach zone is limited to a total of 18 baches).

5.         Giving due consideration to the submissions received decides its recommendations to the Council in respect of the proposal consulted on for the baches on public land at Taylors Mistake, Boulder Bay and Hobsons Bay.

6.         Recommends to the Council that a road stopping process does not commence for the legal road.

3.   Background

3.1       The Taylors Mistake Baches Working Party (“Working Party”) presented its report to the Council at its meeting on 22 November 2018 in which it outlined the key points on the subject of the baches at Taylors Mistake, Hobsons Bay and Boulder Bay.  These are as follows:

3.1.1   On 28 September 2017, the Council amended its first resolution of 22 June 2017 establishing the Working Party so that the delegation to the Working Party became:

To recommend to the Council, as land owner, whether or not to authorise and, if it does, on what terms to authorise, baches to continue to occupy Council land at Taylors Mistake, Hobsons Bay and Boulder Bay, including a recommended process for dealing with the outcome should the recommendation be to not authorise the baches.

3.1.2   The Working Party has worked since that time to understand the historical, legal, social, cultural, environmental, recreational and geotechnical factors relevant to the baches and their unauthorised occupation of Council land (road reserve) in their coastal setting. It has also worked to identify the reasonably practicable options for the future of the baches and agree a preferred option to publicly consult on through considering the baches’ varying degrees of: exposure to natural hazards; value in terms of heritage or character; impact on the coastal environment and the natural character and cultural significance of the landscape; and any impedance on public access to the coast and along the unformed legal road the baches occupy.

3.1.3   The Working Party has progressed through workshopping the issues and options since its establishment with the support of a team of project staff, who have engaged with bach owners and other stakeholders to better understand the issues and perspectives. The Working Party has also undertaken a site visit and attended two drop-in sessions with the public in relation to the discussion document it steered the development of for the purpose of ensuring it had all the information relevant to identifying the feasible options for the future of the baches.

3.1.4   Project staff contacted Mahaanui Kurataiao (MKT) in May 2018.  The initial response from the Kaitiaki Portfolio Committee for Te Ngāi Tūāhuriri Rūnanga was that:

·   They did not wish to meet with the Working Party or staff at that time;

·   Updates in regard to the project be provided to MKT to report back to the Rūnanga as part of their regular engagement process; and

·   They recommended that existing bach owners be allowed to continue using the baches over their lifetime then give up / cease using the baches at the end of their lifetime, and no new occupants of the baches be allowed.

3.1.5   On 12 November 2018, a meeting was held with MKT to update them on the preferred option the Working Party agreed to consult on as noted below.

3.1.6   The Working Party considered the public feedback received in response to its discussion document (which was available through the Council’s “Have your say” webpage under the title “Deciding the future of baches at Taylors Mistake and bays”), and considered the staff report assessing the options for the baches (Attachment A).  The full report with its attachments is available on line at http://christchurch.infocouncil.biz/Open/2018/11/CNCL_20181122_AGN_2393_AT.PDF (from page 875).

3.1.7   The Working Party accordingly gave appropriate initial consideration to the feasible options for the future of the baches as described in Attachment A, and agreed that its preferred option to publicly consult on as the proposal for the baches is:

The managed retention of those existing baches of heritage value, unless there is a moderate to high risk from natural hazards that is not mitigated and/or if the bach significantly impedes public access.  The proposal further being that managed retention be achieved through the offer of a licence to a bach owner, subject to appropriate and agreed conditions, for a bach to stay and be used for holiday accommodation only.

This being more fully described as the recommended option for consultation in Attachment A, which has been presented to the public as the “Preferred option – Managed retention of most baches for heritage (some stay, some go)” in line with the consultation document (Attachment B) inviting submissions and the opportunity for submitters to be heard by a Hearings Panel at public hearings.

3.1.8   The Working Party as the Hearing Panel will remain open-minded on whether it will recommend to the Council the proposal for the future of the baches it has developed for consultation, undertaking to consider and hear public submissions before deciding upon its recommendations, and to continue to consider all reasonably practicable options for the baches by assessing their advantages and disadvantages.  As shown in Attachment B, the initial consideration of the other options for the future of the baches has been set out for public comment accordingly.

3.2       The Hearings Panel will report its recommendations to the Council so that the Council, as the decision-maker, may put itself in as good a position as the Hearings Panel having considered all the submissions.

4.   Public consultation

4.1       Public consultation on the future of the Taylors Mistake Baches commenced 23 November 2018 and closed 14 January 2019.  Early engagement with bach owners and with the public was also undertaken with a discussion document seeking feedback from the public between 3 October and 21 October 2018.  The feedback from this early discussion document helped development of the formal consultation process.

4.2       Three drop-in sessions were held for the public on 4 and 9 December 2018 and on 8 January 2019.

4.3       The Council’s Principal Geotechnical Advisor was made available to meet with bach owners on site so that they could be informed about the geotechnical hazards their baches are currently subject to.  The majority of affected bach owners took up the opportunity to meet with him, however, an injury meant he was unable to meet with several owners and they met with the Engagement Advisor only.

5.   Summary of submissions

5.1       Of the 171 submissions there was no clear majority for either the preferred option (43%) or those who wanted more or all baches offered a licence (48%).

5.2       Two submitters (1%) wanted baches to be offered a licence longer than 35 years (1%).

5.3       Seven submitters (5%) wanted to see more or all baches removed.

5.4       Two submitters (1%) wanted less private occupation and baches managed by the Council.

5.5       Those wanting to retain more baches argued that all baches had heritage value as a collective and/or that the risk from hazards was insignificant or could be managed through licence agreements with bach owners.

5.6       Consistent with the discussion document feedback, those in favour of offering some or all baches a licence wanted to preserve the heritage value, unique character and custodianship over the local area offered by the baches and bach owners.

5.7       A full break down of results is available in Attachment C

6.   Issues and staff advice

6.1       Appended to this report is staff advice on legal issues (Attachment D), licence issues (Attachment E), geotechnical issues (Attachment F), heritage issues (Attachment G), and recreation and amenity issues (Attachment K).  These are provided to inform the members of the Hearings Panel and to assist them in their deliberation of options for the baches.

6.2       Also appended to the report is the assessment of public access past each bach (Attachment H), plans showing the revised seaward boundary of the legal road (Attachment I), and cost estimates for the various options proposed during consultation (Attachment J).

 

 

Attachments

No.

Title

Page

a

Attachment A:  Taylors Mistake Baches Working Party Options Assessment for Future of Baches at Taylors Mistake and Bays 9 November 2018 Report

28

b

Attachment B:  Taylors Mistake Baches Consultation Document

34

c

Attachment C:  Submissions Analysis

38

d

Attachment D:  Legal Advice

42

e

Attachment E:  Licence Issues

61

f

Attachment F:  Geotechnical Issues

66

g

Attachment G:  Heritage assessment

85

h

Attachment H:  Assessment of public access

107

i

Attachment I:  Legal Road Revised Boundary

118

j

Attachment J:  Estimated costs

121

k

Attachment K:  Recreation and Amenity Issues

122

l

Attachment L: Licence Fee Valuation Advice (Under Separate Cover)

 

 

 

Signatories

Authors

Neil Gillon - Senior Project Manager

Tessa Zant - Senior Engagement Advisor

Angus Smith - Manager Property Consultancy

Approved By

Lynette Ellis - Manager Planning and Delivery Transport

Carolyn Gallagher - Programme Director – Strategic Support

David Adamson - General Manager City Services

 


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Hearings Panel

11 February 2019

 

 

4.        Submissions Received on the Proposal for Baches at Taylors Mistake and Bays

Reference:

19/70287

Contact:

Mark Saunders

Mark.Saunders@ccc.govt.nz

941 6436

 

 

1.   Purpose 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 on the proposal for the baches on unformed legal road at Taylors Mistake, Boulder Bay and Hobsons Bay (“the proposal”).

1.2       A volume of submissions received from submitters who have 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 indicated in their submission a wish to be heard, but no longer wish to be heard in person is appended as Attachment B, and a volume of submissions received from submitters who indicated in their submission that they had no wish to be heard in person is appended as Attachment C.

2.   Staff Recommendation

 

It is recommended that the Hearings Panel:

2.1       Considers all submissions received, the enclosed staff report and other relevant considerations in its deliberations, before deciding its recommendation to the Council in respect of the proposal, which the Council may accept or reject;

2.2       Accepts the late written submissions from David Rogers, Otto Snoep, Paula Ashley Hodder, Kirsten Wyllie, and heard submission from William Fulton.

2.3       Notes 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

Volume of Written Submissions from Submitters Wishing to be Heard

139

b

Volume of Written Submission from Submitters No Longer Wishing to be Heard

237

c

Volume of Written Submissions from Submitters Not Wishing to be Heard

244

 

 

Signatories

Author

Mark Saunders - Committee and Hearings Advisor

Approved By

Mark Saunders - Committee and Hearings Advisor

 


Hearings Panel

11 February 2019

 


 


 

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Hearings Panel

11 February 2019

 

 

5.    Hearing of Submissions

 

Submitters who indicated that they wished to be heard in person will present to the Hearings Panel.  A schedule of presenters can be found at the beginning of the volume of “Heard Submissions”.

 

 

 

6.    Hearings Panel Consideration and Deliberation