Redcliffs Park and Redcliffs School Proposed Land Swap Hearings Panel

Agenda

 

 

Notice of Meeting:

A Hearings Panel meeting will be held on:

 

Date:                                     Monday 7 August 2017

Time:                                    10am

Venue:                                 Linwood Offices Boardroom, 180 Smith Street

 

 

Panel

Chairperson

Members

Deputy Mayor Andrew Turner

Councillor Glenn Livingstone

Councillor Sara Templeton

Community Board Member Darrell Latham

Community Board Member Tim Lindley

 

 

7 August 2017

 

 

 

 

 

Mark Saunders

Committee and 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

07 August 2017

 

 

 


Hearings Panel

07 August 2017

 

TABLE OF CONTENTS

 

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

2.       Late Submissions....................................................................................................................... 4

STAFF REPORTS

3.       Staff Report to the Hearings Panel on the Proposed Land Transactions - Redcliffs Park.. 5

4.       Volumes of Submissions......................................................................................................... 45   

5.       Hearing of Submissions......................................................................................................... 120

6.       Hearing Panel Consideration and Deliberation.................................................................. 120 

 

 

 


Hearings Panel

07 August 2017

 

 

1.   Apologies

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

2.   Late Submissions   

 

Fifteen late submissions were received in response to the public consultation on the Redcliffs Park and Redcliffs School Proposed Land Swap. These were all from submitters who did not wish to be heard in person and have been included within the volumes of submissions received from submitters who do not wish to be heard in person which will be separately circulated.

                              

Staff Recommendation

 

It is recommended that the Hearings Panel receive the late submissions included in the volumes of submissions received from the following submitters:

 

Submission No

Submitter

Date Received

3574

PR & BK Columbus

28 June 2017

3575

Ria Wayne

28 June 2017

3576

Nicola Holdaway

28 June 2017

3577

Jan Lisle

28 June 2017

3578

Barrie Walker

28 June 2017

3579

Brett Horwell

28 June 2017

3581

Lawrence & Vidya Taylor

28 June 2017

3582

Jill Benner & Chris Timbrell

28 June 2017

3611

Liz Jarman

29 June 2017

3629

Barbara & Bruce Langdale-Hunt

30 June 2017

3631

Gary Ward

30 June 2017

3655

Taylor Jansen

3 July 2017

3697

Gareth Davies

10 July 2017

3698

Margaret Davies

10 July 2017

4162

Olga Gratcheva

12 July 2017


Hearings Panel

07 August 2017

 

 

3.        Staff Report to the Hearings Panel on the Proposed Land Transactions - Redcliffs Park

Reference:

17/765107

Contact:

Luke Rees-Thomas

Luke.reesthomas@ccc.govt.nz

03 941 8504

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is to present to the Hearings Panel, the results of public consultation as required under Sections 78 & 138 of the Local Government Act 2002 with regards to:

a)     The proposed sale of two parcels of Council owned land at Redcliffs Park to the Crown described as:

i.       1,075 m2 Lot 2 Deposited Plan 47479 CB27F/183

ii.      7,692 m2 Lot 3 Deposited Plan 47479 CB27F/184

b)     The proposal to cancel the vesting (in the Council) of the Crown owned land classified as Recreation Reserve at Redcliffs Park described as Reserve 4601 CB616/39 being 1.0304ha in area and to this land being set apart for a school.

c)      The proposal to be appointed by the Crown to control and manage the Crown owned land at Redcliffs School described as follows as Recreation Reserve under Section 28 of the Reserves Act 1977 for a new park:

i.       4,223m2 Section 1 Survey Office Plan 334406 CFR156004

ii.      4,047m2 Part Lot 3 Deposited Plan 1228 CB190/67

iii.     3,384m2 Lot 1 Deposited Plan 7624 CB372/72

iv.     4,957m2 Part Lot 2 Deposited Plan 1228 CB495/17

v.      1,821m2 Part Lot 3 Deposited Plan 1228 Gazette 1924 p2596

2.   Staff Recommendations

2.1       That the Hearings Panel considers the results of the consultation process which are appended to this report and in doing so hear any submissions necessary.

 

2.2       That the Hearings Panel report the outcome of that process and the submissions received to the Council for a decision. The Panel’s report to incorporate a recommendation to the Council on whether it determines the proposals listed in Section 1.1 are supported or not.

3.   Background

3.1       On the 25 May 2017 the Council considered a report from the Linwood-Central-Heathcote Community Board meeting of 17 May 2017. The report recommended to progress necessary consultation processes in order to advance the proposals listed in Section 1.1 above. A copy of that report is appended as Attachments A-F in order to provide background for the proposals and outline the requirement for public consultation.

 

3.2       The Council resolved as follows:

 

  

 

3.3       By way of further background, appended as Attachment G is a summary prepared by staff of the current Redcliffs Park facilities and School site facilities that may be able to be utilised should a decision be made to transfer the activities, together with a summary of the potential loss of current facility provision that will be required to be replaced if the School site is to be used as a Park, and the same level of service is provided.

4.   Consultation

4.1       Public consultation has been undertaken and a report outlining the process and an analysis of the submissions is attached as Attachment H. A total of 853 submissions were received. Of these, 849 were received on time and valid for analysis.

 

4.2       Consultation requirements and principles are set out in Sections 78 and 82 of the Local Government Act 2002. The specific section that relates to the consultation that has been undertaken and forms the terms of reference for the Hearings Panel is Section 138.

 

4.3       Section 138 of the Local Government Act 2002 requires the Council to consult on any proposal to dispose of a park. In the present circumstances, officers consider that the portion of Redcliffs Park (being Lots 2 & 3 DP 47479) to be sold to the Ministry of Education is a park as defined in Section 138, on the basis that land is held for a "community" purpose.

 

4.4       With respect to the other aspects of the proposal – becoming the controller and manager of the land at Redcliffs school as a new recreation reserve, the Council also needs to take into account the views and preferences of interested and affected persons in accordance with section 78 of the Local Government Act 2002. Section 78 does not require the Council to undertake a consultation process in itself but the Council must have some way of identifying the views and preferences of interested and affected persons.

 

4.5       In this circumstance, the Council has used one consultation process that meets the requirements of Section 138 of the Local Government Act 2002 with respect to the disposal of the portion of Redcliffs Park, and also enabled the Council to gather the views and preferences of interested and affected persons in relation to its new role for the former Redcliffs School site. 

5.   Process

5.1       The Hearings Panel shall hear and consider any submissions on whether the proposals listed in Section 1.1 are supported or not in relation to the consultation.

 

5.2       The Hearings Panel shall report their findings to the Council.

 

5.3       The Council agenda that contains the Hearings Panel findings report shall contain a parallel staff report that recommends a substantive decision to progress the three proposals listed in Section 1.1 or not, or alternative options depending on the Hearings Panel's recommendations. That report will deal with the transfer terms and conditions and any matters if necessary arising from the Hearings Panel.

 

Attachments

No.

Title

Page

a

Redcliffs CB-Council Report - 17 May 2017

9

b

Council Report - Attachment A - Ministry of Education Letter

24

c

Council Report - Attachment B - Green Space Accessibility

28

d

Council Report - Attachment C - New Park Layout

29

e

Council Report - Attachment D - Cliff Collapse Risk Image

30

f

Council Report - Attachment E - Consultation Plan

31

g

Redcliffs Park - Redcliffs School Facility Comparison

32

h

Submissions Analysis for Redcliffs Park and Redcliffs School Proposed Land Swap Hearings Panel

36

 

 

Signatories

Author

Luke Rees-Thomas - Property Consultant

Approved By

Kathy Jarden - Team Leader Leasing Consultancy

Andrew Rutledge - Head of Parks

Mary Richardson - General Manager Citizen and Community

 


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4.        Volumes of Submissions

Reference:

17/805639

Contact:

Mark Saunders

mark.saunders@ccc.govt.nz

941 6436

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       This report collates the submissions received in response to the consultation on the Redcliffs Park and Redcliffs School Proposed Land Swap.

1.2       A volume of submissions received from submitters who wish to be heard in person by the Hearings Panel is attached as Attachment A.

1.3       A volume of submissions received from submitters who no longer wish (or are unavailable) to be heard in person is attached as Attachment B.

1.4       Volumes of submissions received from submitters who do not wish to be heard in person will be separately circulated.

 

Attachments

No.

Title

Page

a

Heard Submissions on the Redcliffs Park and Redcliffs School Proposed Land Swap

46

b

No Longer to be Heard Submissions on the Redcliffs Park and Redcliffs School Proposed Land Swap

112

 

 

Signatories

Author

Mark Saunders - Committee and Hearings Advisor

Approved By

Mark Saunders - Committee and Hearings Advisor

 


Hearings Panel

07 August 2017

 


 


 


 

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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.

 

 

 

6.    Hearings Panel Consideration and Deliberation