Christchurch City Council

Supplementary Agenda

 

 

Notice of Meeting:

An ordinary meeting of the Christchurch City Council will be held on:

 

Date:                                     Thursday 23 June 2016

Time:                                    9.30am

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

 

 

Membership

Chairperson

Deputy Chairperson

Members

Mayor Lianne Dalziel

Deputy Mayor Vicki Buck

Councillor Jimmy Chen

Councillor Phil Clearwater

Councillor Pauline Cotter

Councillor David East

Councillor Jamie Gough

Councillor Yani Johanson

Councillor Ali Jones

Councillor Paul Lonsdale

Councillor Glenn Livingstone

Councillor Raf Manji

Councillor Tim Scandrett

Councillor Andrew Turner

 

 

21 June 2016

 

 

 

Principal Advisor

Dr Karleen Edwards

Chief Executive

Tel: 941 8554

 

Jo Daly

Council Secretary

941 8581

Jo.Daly@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.
Watch Council meetings live on the web:
http://councillive.ccc.govt.nz/live-stream

 


Council

23 June 2016

 

 


Council

23 June 2016

 

TABLE OF CONTENTS

 

40.     Resolution to Include Supplementary Reports...................................................................... 4

41.     Hearings Panel Report to the Council on the Proposed Land Sale Section of QEII Park... 5

42.     Proposed Sale of Portion of QEII Park to the Ministry of Education................................. 43

43.     Resolution to Exclude the Public........................................................................................... 59


Council

23 June 2016

 

 

40 Resolution to Include Supplementary Reports

1.       Background

1.1          Approval is sought to submit the following reports to the Council meeting on 23 June 2016:

41.   Hearings Panel Report to the Council on the Proposed Land Sale Section of QEII Park

42.   Proposed Sale of Portion of QEII Park to the Ministry of Education

44.   2016/17 Insurance Renewal

1.2          The reason, in terms of section 46A(7) of the Local Government Official Information and Meetings Act 1987, why the reports were not included on the main agenda is that they were not available at the time the agenda was prepared.

1.3          It is appropriate that the Council receive the reports at the current meeting.

2.       Recommendation

2.1          That the reports be received and considered at the Council meeting on 23 June 2016.

 

 


Council

23 June 2016

 

 

41.    Hearings Panel Report to the Council on the Proposed Land Sale Section of QEII Park

Reference:

16/507030

Contact:

Samantha Kelly

samantha.kelly@ccc.govt.nz

941 6227

 

 

1.   Purpose of Report

1.1       The purpose of this report is to present to the Council the Hearings Panel's recommendations following the consultation and hearings process on the proposed land sale section of QEII Park.

1.2       The hearings panel has no decision-making powers but in accordance with its delegation, has considered the written and oral submissions received and now makes recommendations to the Council. The Council can then accept or reject those recommendations as it sees fit, bearing in mind that the Local Government Act 2002 requires 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” (s.82(e)).

1.3       The final decision-maker should put itself in as good a position as the Hearings Panel having heard and read the submissions.  This report discusses the submissions that were made and the written submissions are available to be viewed in the Hearings Panel Agenda Attachment:
http://www.ccc.govt.nz/assets/Uploads/All-Submissions-QEII-for-Agenda-merged-Optimized.pdf

 

 

2.   Hearings Panel Recommendations

Having received and considered the public submissions received, it is recommended that:

1.         The Council agrees to sell or dispose of that part of QEII Park as is delineated by a broken red line on the plan attached to the Hearings Panel report (excluding the medical centre car park as shown on that plan) to the Ministry of Education for the development of the new Avonside Girls' High School and Shirley Boys' High School.

Councillor East/Councillor Livingstone                                                                   Carried by the majority

2.         That the Sale and Purchase Agreement to be entered into by the Council and the Ministry of Education includes the following requirements :

a.         An encumbrance to be registered against the title of the land to protect trees numbered 221, 222, 223, 224, 219, 214, 215, 229, 230, 231, 232.

Councillor East/Councillor Livingstone                                                                                             Carried

b.         An encumbrance to be registered against the title of the land to protect trees numbered 120, 119, 121, 118, 117, 116, 115, 114, 113, 124, 125, 126, 127, 128.

Councillor Johanson/Councillor Livingstone                                                        Carried by the majority

c.         Retention of as many of the balance of the established trees on the site as is reasonably possible.

Councillor Livingstone/Councillor East                                                                                             Carried

d.         Provision of a publicly accessible fitness/walking track around the perimeter of the site in a manner which connects the fitness/walking track on the balance of the QEII park site to be retained by the Council.

3.         The Council allocates the proceeds from the sale of land towards the development and implementation of a Masterplan for the rest of QEII Park.

Councillor Johanson/Councillor East                                                                                                             Carried

            

 

3.   Background

3.1       On 12 February 2015, the Ministry of Education announced that part of QEII Park was the preferred relocation and co-location site of Avonside Girls' High School and Shirley Boys' High School. The Ministry then indicated its wish to begin land acquisition negotiations for a portion of the QEII Park.

3.2       On 15 February 2016 the Burwood Pegasus Community Board considered a report on the proposal. The Community Board recommended to the Council that public consultation on the proposal be initiated.  A copy of this report is attached (Attachment A) and outlines the background, the significance of the proposal and reasons for the public consultation.

3.3       On 25 February 2016 the Council considered the report from the Burwood Pegasus Community Board meeting of 15 February 2016 which proposed two feasible options to be considered:

3.3.1   Option 1 - to sell a portion of the QEII Park to the Ministry of Education totally 11.5 hectares for the development of Avonside Girls' High School and Shirley Boys High School (preferred option)

3.3.2   Option 2 - do not sell a portion of the QEII Park to the Ministry of Education totally 11.5 hectares for the development of Avonside Girls' High School and Shirley Boys High School

3.4       The Council resolved as followed:

That the Council:

1.    Approves the proposed consultation process detailed in Attachment 2 of this report to be commenced as soon as the public consultation document is complete.

2.    Appoints a hearings panel to hear any submissions received and to report the outcome of that process and the submissions reveived to the Council for its decision.

3.    Requests Council staff to provide a further report to the Council following completion of the consultation process with a view to then considering whether to proceed with the proposed sale of the Council owned portion of QEII Park to the Ministry of Education.

4.   Consultation

4.1       Following the Council resolution of 25 February 2016, and in accordance with Attachment 2 of the Burwood Pegasus Community Board report of 15 February 2016, the consultation process commenced 2 March 2016.

4.2       Section 138 of the Local Government Act 2002 requires the Council to consult on any proposal to dispose of a park. In addition, Sections 77 and 78 of the Act requires the Council to consider the views and preferences of persons likely to be affected by, or have an interest in the decision whether or not to sell the proposed section of land to the Ministry of Education. These sections of the Act formed the terms of reference for the Hearings Panel.

4.3       The consultation process consisted of the following:

·   Wednesday 2 March - Consultation started

·   Wednesday 9 March -   Drop-in session at Ascot Community Centre, 4.30pm-7.30pm

·   Wednesday 16 March - Drop-in session at Shirley Library, 3.00pm-6.00pm

·   Sunday 3 April - Formal consultation closed

·   Tuesday 26 April - Hearings Panel convened to hear and consider submissions

4.4       Included in the consultation document was a public information leaflet delivered to all houses within two blocks of the QEII site. Another 111 were delivered to libraries and service centres city-wide. Approximately 1350 leaflets were delivered to letterboxes. 

4.5       Approximately 25 people attended the Ascot Community Centre drop-in session and nine people attended the Shirley Library drop-in session.

4.6       In addition Council Officers visited the odd number houses on Bower Avenue (the houses directly affected by the land sale as their property backs on to the proposed section of land) to provide information about the consultation and to discuss any further issues.

5.   Submissions

5.1       The consultation period closed on 3 April 2016. A total of 381 submissions were received. Overall 59% of submissions agreed (many with conditions), 35% of submissions disagreed, 6% did not know and 1% was unsure in response to the question, "what do you think of the Council's proposal to sell 11.5 hectares of land to the Ministry of Education for the rebuild and relocation of Shirley Boy's and Avonside Girl's High School?" Refer to Attachment B which contains the summary and analysis of submissions on the proposal.

5.2       The Hearings Panel, consisting of Councillors Yani Johanson (Chariperson), David East and Glenn Livingstone convened on Tuesday 26 April and considered all submissions received. Fourteen submitters who had previously indicated that they wished to be heard presented their verbal submission to the Hearings Panel.

5.3       The key points and issues raised from submissions that agreed with the proposal were:

5.3.1   The proposal would provide for good high schools for Christchurch East and would bring benefits and opportunities to the community alleviating some earthquake induced stress.

5.3.2   Many submitters agreed with the proposal subject to a number of suggested conditions, including:

·     The retention of the car park at the Travis Medical Centre;

·     The retention/replacement/relocation of the affected trees;

·     The retention of the memorial plaques;

·     The retention of the fitness/walking track;

·     The retention of the park frontage on Travis Road;

·     The retention of green space and cricket oval;

·     Better management of the potential increase in traffic;

·     Ensuring that the schools are designed to suit the environment;

·     Requesting that the schools be built on a different section of QEII Park (north);

·     The money of the sale of the land be used on the redevelopment of QEII Park;

·     The removal of asbestos on the site; and

·     An overall development/master plan of QEII Park.

5.3.3   Some submitter's queried how the school and recreation centre will share the site along with other facilities.

5.3.4   Other suggested conditions also commented on the nature of the decision- making process employed by the Council and Ministry of Education

5.4       The key points and issues that were raised from submissions that disagreed with the proposal were:

5.4.1   The loss of the leased Travis Medical Centre carpark.

5.4.2   An increase in traffic flow and disruption to current parking and transport facilities.

5.4.3   Other locations being better suited for the schools.

5.4.4   The loss of the heritage and culture attached to QEII Park.

5.4.5   The risk of flooding and Tsunami risks.

5.4.6   The impact on the rebuild and public access to the recreation centre and other facilities within QEII Park.

5.4.7   The impact that the proposal would have on local properties including devaluation, loss of privacy and obstruction of the park view, the potential increase in crime rates and the loss of the emotional connection with the park.

5.4.8   The increase in earthquake related stress that the proposal could have on the Community.

5.4.9   The dissatisfaction with the decision making process of the Council and Ministry of Education as well as the consultation process. Submitters made comment about the lack of information made available to the public in order for them to make an informed decision on the proposal.

5.4.10 Some submitters disagreed with the proposal however suggested that if the sale were to go ahead conditions as identified in paragraph 5.3.2 should apply.

5.4.11 One submitter also raised an issue regarding the original sale agreement of QEII Park which Council officers further investigated. These issues are discussed in paragraph 6.2.9.

6.   Consideration and Deliberation of Submissions

6.1       Prior to undertaking its deliberations the Hearings Panel conducted a site visit to view the proposed section of QEII Park on Tuesday 3 May 2016. During the site visit the Panel viewed the location of the Travis Medical Centre, the cricket oval, the fitness track, the proposed Recreation and Sport facility and the historical memorial plaques and significant trees located on the proposed site. The Hearings Panel discussed the potential access points to the school and recreation centre and traffic management issues.

6.2       Following the site visit the Hearings Panel deliberated on Tuesday 3 May 2016 and concluded on Wednesday 25 May 2016. Some of the key issues addressed by the Hearings Panel during deliberations are as follows:

6.2.1   The delegation powers of the Hearings Panel and the possible mechanisms that could be used when deciding on potential conditions if the sale of the land were to be accepted.

6.2.2   The Hearings Panel acknowledged the concerns of submitters regarding the retention of as many trees and green space as possible if the sale of land were to proceed. In addition to the site visit the Hearings Panel asked Council Officers to provide an arborist report (Attachment D) on that part of QEII Park affected by the proposal. The Hearings Panel also discussed possible mechanisms to ensure the retention of as many trees as possible, in particular the specific memorial trees on the proposed site. The Hearings Panel decided to recommend the use of an encumbrance to protect the numerous trees shown as shown on the map in Attachment C as well as request the retention of as many trees as possible.

6.2.3   The Hearings Panel considered that an overall master plan of the development of the whole of QEII Park would be beneficial to the community and the Council to ensure the needs of the community are met and that the design of the school would by suitable for this site.

6.2.4   The Hearings Panel discussed possible mechanisms and options that could be used in order to ensure the money from the sale of the land would be put back in to the development of QEII Park. The Hearings Panel decided to request that the money from the sale of the land be allocated to the development and implementation of a Masterplan for the rest of QEII Park.

6.2.5   The Hearings Panel sought legal advice on the consultation process to ensure that the Council had met the requirements under Sections 77, 78 and 138 of the Local Government Act 2002. The Hearings Panel received legal advice that the consultation process generally complied with the requirements of the Local Government Act 2002 and that the risk of a successful challenge to the process was minimal.

6.2.6   The Hearings Panel discussed various options to ensure that a fitness/walking track would be retained in order to meet CPTED requirements and recognised that if the sale were to be accepted, QEII Park would need be easily accessed by the public. The Hearings Panel also discussed whether the school premises would be gated. Council Officers advised that the Ministry would prefer for the schools to be un-gated as to allow easy public accessibility to the Park and Recreation centre. The Hearings Panel decided to request the provision of a publicly accessible fitness/walking track around the perimeter of the site in a manner which connects the fitness/walking track on the balance of the QEII park site.

6.2.7   The Hearings Panel recognised the support for the retention of the Travis Medical centre car park. Various options were discussed and included, retaining the car park as council owned and continuing with the current lease or whether to sell this section of the land and allow the Ministry to continue leasing the car park to the Medical Centre. Council Officers advised that they had discussed this with the Ministry who were happy with either option. The Hearing Panel decided to recommend the exclusion of the Travis Medical Centre car-park from the sale of land to the Ministry of Education as shown on the map in Attachment C.

6.2.8   Council Officers provided the Hearings Panel with the QEII Integrated Transport Assessment Report April 2016 which contained a high level integrated transport assessment. This document provided the Hearings Panel with feasible options of how traffic would be managed with both the development of the two schools and the recreation and sport facility, including the possible removal of the median strip along Travis Road. Council Officers also advised the Hearings Panel that bus routes have not been confirmed for the whole site but there will be one direct bus service route to the recreation and sports facility.

6.2.9   Consideration of an issue raised regarding the New Brighton Trotting Club. One of the submitters contended that when the land was originally acquired by the Council from the New Brighton Trotting Club in 1963 that the arrangements entered into at the time limited the use to which the Council could put the land. At the time that submission was made Council Officers asked the submitter to provide a copy of any documentation which supported his contention, however he declined to do so.  Accordingly, the Hearings Panel asked Council officers to contact the New Brighton Trotting Club and seek its views on whether any limitations exist on the Council's ownership of the land. The New Brighton Trotting Club no longer exists, but officers of its successor club have verbally advised Council officers that they were not aware of any limitations on the Council's ownership of the QEII Site.  Council officers have asked the club to confirm that advice in writing, but had not received a formal written response at the time of the writing of this report.  In addition, Council officers have researched the available Council records, minutes and information and also the publicly available land registry information, but have found no evidence of any such limitation on the Council's ownership.  Council Officers have contracted the law firms that acted for the Council at the time the land was originally acquired in 1963 to seek any information held by them.  However, their response has been that they do not hold records or files dating that far back in time.  In the absence of any information or evidence supporting the contention that limitations exist on the Council's ownership of the land, Council officers have advised the Hearings Panel that it was reasonable for the Hearings Panel to proceed to consider the submissions received and make its recommendation to the Council.

 

 

Attachments

No.

Title

Page

a

Proposed Land Sale to MOE - Section of QEII Park - BurwoodPegasus Community Board - 15 February 2016

3

b

Proposed Land Sale - Section of QEII Park - Analysis of Submissions

3

c

Proposed Land Sale - Section of QEIII Park - Hearings Panel Revised Map

3

d

Proposed Land Sale - Section of QEII Park - Edge Landscape Projects QEII Tree Report

3

 

 

Signatories

Author

Yani  Johanson

Councillor

Approved By

Yani  Johanson

Councillor

  


Council

23 June 2016

 

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Council

23 June 2016

 

 

42.    Proposed Sale of Portion of QEII Park to the Ministry of Education

Reference:

16/659996

Contact:

Tom Lennon

tom.lennon@ccc.govt.nz

941 8191

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is to recommend that the Council approves the sale of a portion of Queen Elizabeth II Park (“QEII Park”) totalling approximately 11.5 hectares to the Ministry of Education (“MoE”) for the relocation of Shirley Boys High School and Avonside Girls High School.

1.2       Accompanying this report is the report of the Hearings Panel established to consider the views and preferences of the Community in relation to the proposed sale of the Land to MoE (“the Hearings Panel Report”).

Origin of Report

1.1       On 25 February 2016 the Council considered the report from the Burwood Pegasus Community Board meeting of 15 February 2016 which proposed two feasible options to be considered:

1.1.1   Option 1 - to sell a portion of the QEII Park to MoE totally 11.5 hectares for the development of Avonside Girls' High School and Shirley Boys High School (preferred option)

1.1.2   Option 2 - do not sell a portion of the QEII Park to MoE totally 11.5 hectares for the development of Avonside Girls' High School and Shirley Boys High School

1.2       The Council resolved as followed:

That the Council:

1.    Approves the proposed consultation process detailed in Attachment 2 of this report to be commenced as soon as the public consultation document is complete.

2.    Appoints a hearings panel to hear any submissions received and to report the outcome of that process and the submissions reveived to the Council for its decision.

3.    Requests Council staff to provide a further report to the Council following completion of the consultation process with a view to then considering whether to proceed with the proposed sale of the Council owned portion of QEII Park to the Ministry of Education.

 

2.   Significance

2.1       The decision(s) in this report is of medium significance in relation to the Christchurch City Council’s Significance and Engagement Policy.

2.1.1   The level of significance was determined by staff

2.1.2   The community engagement and consultation outlined in this report and the Hearings Panel Report reflects the assessment.

 

3.   Staff Recommendations

It is recommended that:

1.         The Council agrees to sell that part of QEII Park as is delineated by a broken red line on the plan attached (excluding the medical centre car park as shown on that plan) (“the Land”) to the Ministry of Education for the development of the new Avonside Girls' High School and Shirley Boys' High School.

2          The Sale and Purchase Agreement to be entered into by the Council and the Ministry of Education includes the following requirements :

a.         An encumbrance to be registered against the title of the land to protect trees numbered 221, 222, 223, 224, 219, 214, 215, 229, 230, 231, 232.

b.         An encumbrance to be registered against the title of the land to protect trees numbered 120, 119, 121, 118, 117, 116, 115, 114, 113, 124, 125, 126, 127, 128.

c.         Retention of as many of the balance of the established trees on the site as is reasonably possible.

d.         Provision of a publicly accessible fitness/walking track around the perimeter of the site in a manner which connects the fitness/walking track on the balance of the QEII park site to be retained by the Council.

3                          The Council allocates the proceeds from the sale of the Land towards the development and implementation of a Masterplan for the rest of QEII Park.

 

4          The Property Consultancy Manager be granted delegated authority to negotiate and enter into an agreement for the sale of the Land and related documentation on such terms and conditions as he considers are appropriate and which are consistent with the above resolution.

 

4.   Key Points

4.1       This report supports Council's Long Term Plan (2015 - 2025). In particular the liveable city, strong communities, healthy environment, community outcomes.

4.2       The following feasible options have been considered:

·     Option 1 – Sale of the subject portion of QEII Park to MoE (preferred option).

·     Option 2 – Do not sell the 11.5 hectares of land to MoE.

4.3       Option Summary - Advantages and Disadvantages (Preferred Option)

4.3.1   The advantages of this option include:

·     Provides additional funding for the proposed implementation and development of a Masterplan for the rest of QEII Park

·   Provides an opportunity for a partnership between Council and MoE for the development of the Eastern Sports and Recreation Centre in conjunction with the new high schools to create additional community facilities in the East.

·   Supports the development of the relocated single sex High Schools in the East.

·   Avoids the need for the MoE to compulsorily acquire the land.

 

4.3.2   The disadvantages of this option include:

·     Involves the disposal of a portion of a Council owned park                

·     May have an effect on the opportunities for the redevelopment of the remaining portion of QEII Park

 

 

5.   Background

5.1       On 12 February 2015, MoE announced that part of QEII Park was the preferred relocation and co-location site of Avonside Girls' High School and Shirley Boys' High School. MoE then indicated its wish to begin land acquisition negotiations for a portion of the QEII Park.

5.2       On 15 February 2016 the Burwood Pegasus Community Board considered a report on the proposal. The Community Board recommended to the Council that public consultation on the proposal be initiated.  A copy of this report is attached (Attachment A) and outlines the background, the significance of the proposal and reasons for the public consultation.

5.3       On 25 February 2016 the Council considered the report from the Burwood Pegasus Community Board meeting of 15 February 2016 which proposed two feasible options to be considered:

5.3.1   Option 1 - to sell a portion of the QEII Park to MoE totally 11.5  hectares for the development of Avonside Girls' High School and Shirley Boys High School (preferred option)

5.3.2   Option 2 - do not sell a portion of the QEII Park to MoE totally 11.5 hectares for the development of Avonside Girls' High School and Shirley Boys High School

5.4       The Council resolved as followed:

That the Council:

4.    Approves the proposed consultation process detailed in Attachment 2 of this report to be commenced as soon as the public consultation document is complete.

5.    Appoints a hearings panel to hear any submissions received and to report the outcome of that process and the submissions reveived to the Council for its decision.

6.    Requests Council staff to provide a further report to the Council following completion of the consultation process with a view to then considering whether to proceed with the proposed sale of the Council owned portion of QEII Park to the Ministry of Education.

5.5       The land forming QEII Park for which the Ministry wishes to enter into negotiations comprises part of the following land parcels.

 

·    22.8183 hectares being Lot 1 and Part Lot 6 DP 1064, CB36C/1272

·    7.7139 hectares being Part Rural Section 5155, CB173/19

·    9.4089 hectares being Lot 2 DP 10381, CB441/226

·    10.8692 hectares being Lot 1 DP 10381, CB439/74

 

5.6       The current market value of the portion of land to be acquired by the MoE was established and agreed upon by two independent registered valuers appointed by Council and MoE. The value of the land which equates to $40 per square metre was established on a “highest and best use” principle which assumed the land could be rezoned and subdivided for residential purposes.

5.7       Based on approximately 11.5 hectares of land the MoE intends to purchase from Council, the purchase price is $4,600,000

 


 

6.   Option 1 - Sale of the subject portion of QEII Park to MoE (preferred)

Option Description

6.1       This option involves the sale of land to MoE at market value as determined and agreed upon by two independent registered valuers

Significance

6.2       The level of significance of this option is medium consistent with section 2 of this report.  As a consequence the public consultation detailed in the Hearings Panel Report was undertaken.

Impact on Mana Whenua

6.3       This option does not involve a significant decision in relation to ancestral land or a body of water or other elements of intrinsic value, therefore this decision does not specifically impact Ngāi Tahu, their culture and traditions.

Community Views and Preferences

6.4       The views and preferences of the Community are identified in the Hearing Panel’s report which is to be considered by Council at the same time as this report.

Alignment with Council Plans and Policies

6.5       This option is consistent with Council’s Plans and Policies

Financial Implications

6.6       Cost of Implementation – The costs of implementing this option relate to Council’s legal, survey and staff time expenses

6.7       Maintenance / Ongoing Costs – N/A

6.8       Funding source – The Council has in the Long Term and Annual Plans the budget provisions outlined below for sales revenue from property. This is not linked to any specific properties or plan. This year's sales revenue of $8,595,000 has been achieved, through sales approved by the Council that have been actioned and settled. Without further decisions to declare more property surplus for disposal achieving next and following year's targets are at risk. The sale of this property would significantly contribute towards achieving next year’s budget target.

 

2016

2017

2018

2019

2020

30251

COCS FA Sales

-8,970,000

-7,375,000

-5,150,000

-5,005,000

-3,500,000

 

Legal Implications

6.9       Council has fulfilled the requirements of section 138 of the Local Government Act 2002 by consulting on the proposed sale of land to MoE.

6.10    The other legal aspects of the land transaction such as the creation of encumbrances and preparation of the Agreement for Sale and Purchase will be managed by Council’s Legal Services Unit in consultation with MoE legal advisers.

Risks and Mitigations

6.11    N/A

Implementation

6.12    Implementation dependencies  - N/A

6.13    Implementation timeframe – N/A

Option Summary - Advantages and Disadvantages

6.14    The advantages of this option include:

·     Provides additional funding for the proposed implementation and development of a Masterplan for the rest of QEII Park

·   Provides an opportunity for a partnership between Council and MoE for the development of the Eastern Sports and Recreation Centre in conjunction with the new high schools to create additional community facilities in the East.

·   Supports the development of the relocated single sex High Schools in the East.

·   Avoids the need for the MoE to compulsorily acquire the land.

 

6.15    The disadvantages of this option include:

·   Involves the disposal of a portion of a Council owned park                   

·   May have an effect on the opportunities for the redevelopment of the remaining portion of QEII Park         

7.   Option 2 - Do not sell a portion of the QEII Park to the Ministry of Education

Option Description

7.1       Do not sell the 11.5 hectares to MoE for the establishment of the two new schools and maintain the current status quo.

Significance

7.2       The level of significance of this option is medium consistent with section 2 of this report.  As a consequence the public consultation detailed in the Hearings Panel Report was undertaken.

Impact on Mana Whenua

7.3       This option does not involve a significant decision in relation to ancestral land or a body of water or other elements of intrinsic value, therefore this decision does not specifically impact Ngāi Tahu, their culture and traditions.

Community Views and Preferences

7.4       The views and preferences of the Community are identified in the Hearing Panel’s Report which is to be considered by Council at the same time as this report.

Alignment with Council Plans and Policies

7.5       This option is consistent with Council’s Plans and Policies

Financial Implications

7.6       Cost of Implementation - Nil

7.7       Maintenance / Ongoing Costs – Ongoing maintenance of the land if not sold to MoE

7.8       Funding source – No contribution towards achieving budget sales revenue targets.

Legal Implications

7.9       Council has fulfilled the requirements of section 138 of the Local Government Act 2002 by consulting on the proposed sale of land to MoE.

7.10    MoE has the option of compulsory acquiring the land under the provisions of the Public Works Act 1981 if the Council should decline to sell.

Risks and Mitigations

7.11    N/A

Implementation

7.12    Implementation dependencies  - N/A

7.13    Implementation timeframe – N/A

Option Summary - Advantages and Disadvantages

7.14    The advantages of this option include:

·   Retain a the whole of a Council owned asset

7.15    The disadvantages of this option include:

·   Limits the opportunity of a partnership with MoE to enhance community wellbeing and community facilities in the East.

 

Attachments

No.

Title

Page

a

Proposed Land Sale to MOE - Section of QEII Park - Burwood Pegasus Community Board - 15 February 2016

3

b

Proposed Land Sale - Section of QEII Park - Hearings Panel Map

3

 

 

Confirmation of Statutory Compliance

Compliance with Statutory Decision-making Requirements (ss 76 - 81 Local Government Act 2002).

(a) This report contains:

(i)  sufficient information about all reasonably practicable options identified and assessed in terms of their advantages and disadvantages; and

(ii) adequate consideration of the views and preferences of affected and interested persons bearing in mind any proposed or previous community engagement.

(b) The information reflects the level of significance of the matters covered by the report, as determined in accordance with the Council's significance and engagement policy.

 

Signatories

Authors

Tom Lennon

Robert O'Connor

Vivienne Wilson

Simon Battrick

Property Consultant

Senior Solicitor

Senior Solicitor

Development Manager

Approved By

Angus Smith

Michael Day

Anne Columbus

Manager Property Consultancy

Head of Business Partnerships

General Manager Corporate Services

  


Council

23 June 2016

 

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Council

23 June 2016

 

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Council

23 June 2016

 

 

43.  Resolution to Exclude the Public

Section 48, Local Government Official Information and Meetings Act 1987.

 

I move that the public be excluded from the following parts of the proceedings of this meeting, namely items listed overleaf.

 

Reason for passing this resolution: good reason to withhold exists under section 7.

Specific grounds under section 48(1) for the passing of this resolution: Section 48(1)(a)

 

Note

 

Section 48(4) of the Local Government Official Information and Meetings Act 1987 provides as follows:

 

“(4)     Every resolution to exclude the public shall be put at a time when the meeting is open to the public, and the text of that resolution (or copies thereof):

 

             (a)       Shall be available to any member of the public who is present; and

             (b)       Shall form part of the minutes of the local authority.”

 

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public are as follows:


Council

23 June 2016

 

 

ITEM NO.

GENERAL SUBJECT OF EACH MATTER TO BE CONSIDERED

SECTION

SUBCLAUSE AND REASON UNDER THE ACT

PLAIN ENGLISH REASON

WHEN REPORTS CAN BE RELEASED

44

2016/17 Insurance Renewal

s7(2)(b)(ii), s7(2)(i)

Prejudice Commercial Position, Conduct Negotiations

Negotiations with prospective insurers must proceed on a confidential basis due to the commercial sensitivities involved.

30 June 2021