Hearings Panel

Agenda

 

 

Notice of Meeting:

A Hearings Panel meeting will be held on:

 

Date:                                    Friday 6 December 2019

Time:                                   9.30am

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

 

 

Panel

Members

Councillor Melanie Coker

Councillor Anne Galloway

Councillor Jake  McLellan-Dowling

Councillor Sam MacDonald

 

 

2 December 2019

 

 

 

 

 

 

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

06 December 2019

 

 


Hearings Panel

06 December 2019

 

TABLE OF CONTENTS

 

1.        Apologies / Ngā Whakapāha................................................................................ 4  

2.        Election of a Chairperson / Te Whakatū Poumua.................................................... 4

3.        Declarations of Interest / Ngā Whakapuaki Aronga................................................. 4 

Staff Reports

4.        Hagley Oval lighting towers proposed lease.......................................................... 5

5.        Submissions recieved on the Hagley Oval Lighting Towers Proposed Lease............ 137   

6.        Hearing of Submissions / Ngā Tāpaetanga......................................................... 316

7.        Hearing Panel Consideration and Deliberation / Ngā Whaiwhakaaro o Ngā Kōrero me Ngā Taukume...................................................................................................... 316 

 

 

 


Hearings Panel

06 December 2019

 

 

1.   Apologies / Ngā Whakapāha

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

2.   Election of a Chairperson / Te Whakatū Poumua

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

3.   Declarations of Interest / Ngā Whakapuaki Aronga

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

06 December 2019

 

 

4.     Hagley Oval lighting towers proposed lease

Reference / Te Tohutoro:

19/1286883

Presenter(s) / Te kaipāhō:

Derek Roozen, Senior Network Planner Parks

 

 

1.   Purpose of Report / Te Pūtake Pūrongo

1.1       To provide the Hagley Oval Hearings Panel (“the Panel”) with all relevant information to enable the Panel to hear, consider and determine on the written public submissions received on the proposed new ground lease for lighting towers on Hagley Oval in South Hagley Park.

2.   Executive Summary / Te Whakarāpopoto Matua

2.1       An issue with Hagley Oval’s existing and allowable facilities has been raised by the cricket ground’s current main occupier, the Canterbury Cricket Trust (“the CCT”).  The CCT have stated the allowable facility for floodlighting does not permit them to meet the current standard lighting requirements in order to be successful in bids for key international night-time cricket matches.

2.2       Regenerate Christchurch, on behalf of the CCT, proposed to the Associate Minister for Greater Christchurch Regeneration (“the Associate Minister”), to exercise powers under Section 71 of the Greater Christchurch Regeneration Act 2016 (“the Regeneration Act”) to amend the Christchurch District Plan (“the District Plan”).  The proposed amendments would allow the necessary development on Hagley Oval to enable the CCT to meet international television broadcasting standards for international day/night cricket matches.  The Associate Minister agreed to start the process.

2.3       The proposed developments require replacing the current consented four retractable lighting towers with removable headframes (retracting from 48.9 to 30 metres) with six fixed (non- retractable) permanent lighting towers at different positions around Hagley Oval.  The lighting towers will require associated electrical utility cabinets and transformers.

2.4       To put this new lighting tower configuration into effect necessitates both District Plan rule changes to make it a permitted activity and for a new ground lease (subject to the Reserves Act 1977 (“the Reserves Act”)) for the new tower ground positions to be granted.

2.5       These two matters are processed by different authorities separately and independently of each other.  Public consultation on each matter is also dealt with separately, although both consultations have been run concurrently.  Consultation on the proposed District Plan amendment was facilitated by the Department of the Prime Minister and Cabinet (“the DPMC”).  Consultation on the proposed new ground lease for the proposed lighting towers at Hagley Oval was run by the Council.

2.6       The question before the Hearings Panel, and ultimately the Council, relates exclusively to whether a new ground lease should be granted by the Council to CCT for the proposed six new lighting towers.

 

3.   Staff Recommendations / Ngā Tūtohu

That the Hearings Panel:

1.         Receive this report, consider the submissions and all other relevant information presented, and make determinations and recommendations to the Council for a decision.

 

4.   Context/Background / Te Horopaki

Issue or Opportunity / Ngā take, Ngā Whaihua rānei

4.1       Hagley Oval is a long time cricket field feature in Hagley Park.  It lies within, and comprises just over four hectares (5.7%) of, South Hagley Park, which itself is 70.5 hectares in extent.  The whole of Hagley Park is approximately 169 hectares in area.

4.2       Hagley Park consists of land vested in the Christchurch City Corporation by Section 5(1) of the Christchurch City (Reserves) Empowering Act 1971 for an estate in fee simple as a reserve for recreation purposes.  This reserve is now classified as a Recreation Reserve subject to Section 17 of the Reserves Act.

4.3       Details of South Hagley Park are included in the following table.

Park Name

Land Parcel

Reserve

Gazetted

Certificate of Title

Area (hectares)

South Hagley Park

Rural Section 41182 (formerly part Reserve 24) Survey Office Plan 15236

Recreation Reserve

New Zealand Gazette 1980, page 2706

24B/260, 24B/460, 24B/461, 30A/95

70.5070

                                                                                                                           

4.4       The Hagley Park Management Plan 2007 guides the management of the park.  References to Hagley Oval in the management plan include that:

·   It is defined by trees and buildings and that the circular shaped Oval provides a unique sports ground ideally suited to the game of cricket.

·   The Oval, established in 1866, has had a long association with cricket.

·   The historical Umpires Pavilion, erected in 1866, located at the north-eastern corner of the Oval, has been fully restored.  It is believed to be the oldest cricket pavilion in the Southern Hemisphere.

4.5       The park sits in the Open Space Community Parks (OCP) Zone in the Christchurch District Plan.  This zoning enables formal and informal recreation activities on a variety of public open spaces and neighbourhood parks, including larger ones accommodating minor sports facilities and public amenities, while providing amenity values through predominance of open space, landscaping, and large trees. The zone also includes heritage and urban parks, such as Hagley Park and Latimer and Cranmer Squares, which have important heritage, scenic, botanical, cultural and recreational values.

4.6       Following the earthquakes in 2011 The Christchurch Central Recovery Plan (Te Mahere ‘Maraka Ōtautahi’) was written and finalised in 2012.  Sitting within the recovery plan, the Blueprint Plan (Te Hononga Mokowā) defined locations of rebuild ‘anchor’ projects, including a Cricket Oval involving enhancement of the existing Hagley Oval in South Hagley Park to a venue capable of hosting community, domestic and international cricket.  This enhancement was anticipated to provide:

·   A domestic and international purpose-built cricket venue.

·   Grass embankments with spectator capacity of 15,000 with ability to expand to 20,000 using temporary seating.

·   Training and coaching facilities with indoor and outdoor nets.

·   Sports lighting to international broadcast standards.

·   A pavilion with lounge and media facilities.

It was expected for full public access to Hagley Oval to be maintained during non-event days, and that the essential village green character of Hagley Park would be retained.

4.7       The Council, at its meeting on 14 February 2013, resolved that the resource consent application lodged by the CCA for the proposed facilities at Hagley Oval be referred directly to the Environment Court for the hearing of submissions.  At the conclusion of the hearing on 13 August 2013 the Environment Court granted resource consent to allow the development of facilities at Hagley Oval that enabled domestic and international cricket matches to be undertaken, including tests, one day internationals and Twenty/20 fixturesAmongst other things, this included the installation and operation of (1) four 48.9 metre high, partly retractable, lighting towers with demountable headframes, and (2) a two-story cricket pavilion.  An operational condition of the consent for the lights was that the retractable headframes, which were to be able to bring the height of the tower down to 30.9 metres when retracted, be removed and stored out of sight in the cricket off-season.

4.8       The Council at its meeting on 15 July 2013 agreed to Christchurch City hosting Cricket World Cup games in early 2015 at Hagley Oval.

4.9       The Council approved the granting of a ground lease on 29 August 2013 to the Canterbury Cricket Association (“the CCA”).  The lease was for the erection of a pavilion and lighting towers at Hagley Oval.  The Reserves Act Section 54(2) requirement for prior public notification of the proposed lease was exempted by application of Section 54(2A) of the Reserves Act, which provides for an exemption where a proposed lease is contemplated in a management plan or follows public consultation on the granting of a resource consent.

4.10    A Deed of Lease was signed by the Council and the CCA on 2 December 2013 formalising CCA’s occupation of parts of Hagley Oval for the purpose of constructing a cricket pavilion with adjoining permanent seating and ancillary areas, and erecting four lighting towers at separate sites on the perimeter of Hagley Oval, each site comprising an area of approximately 120 square metres.  It is to be emphasised that this existing ground lease relates only to the areas under the pavilion building and the existing four lighting tower sites.  Hagley Oval per se was not leased to the CCA.  The pavilion and seating have been established.  The lights have never been installed.  Reasons are various and include both construction and operational costs of retractable lights, changing international design requirements and concern over potential impact of closing Hagley Oval to public access twice per annum for a few days as a construction zone and to repair the subsequent ground to the ground surrounds from movements of heavy vehicles and cranes needed to install and remove the light headframes at the start and end of each season.  Concern has also been raised by the Council’s Parks staff regarding the potential damage to the root zone of the heritage trees that surround Hagley Oval from the heavy vehicle movements.

4.11    At its meeting on 25 September 2014 the Council approved the assignment of the lease to the CCT.  This was for the reason that the CCT is in effect the owner of the pavilion and lighting towers, with it having had the function as a charitable trust to raise the funds for the above but which could not be transferred to the CCA.  However, the CCA remains responsible for the rights and obligations under the lease.  On 19 May 2015 a Deed of Variation of Trust Deed between the CCA and the CCT was signed by both parties, formalising the CCT in the capacity of lessee at Hagley Oval from that point on.

4.12    In October 2019 the Associate Minister decided to commence the process under Section 71 of the Regeneration Act to amend the District Plan to add rules that permit development at Hagley Oval, including proposed six permanent lighting towers to provide lighting that meets the current international television broadcasting standards for international day/night cricket matches.

Staff Assessment of the lease application / Te Aromatawai i ngā kaimahi mō te tono riihi

4.13    In respect of the prospect of new rules in the District Plan being adopted, rules that relate to a new allowance for design and number of lighting towers can only be put into effect by the granting of a new ground lease for the areas proposed to be occupied by those towers.  This required the full and independent process required by Section 54 of the Reserves Act to be followed.  It included public consultation, which is covered in Paragraphs 4.36 to 4.45 of this report.

4.14    A ground lease to an occupier of a public park that is a recreation reserve requires the occupier to be a voluntary organisation that provides opportunities for the public to experience and enjoy recreation, whether that is playing a sport or viewing it.  The CCT meets this requirement and, through the actions of the CCA, provides a high-level recreation experience for the public.

4.15    Hagley Oval has already proved to be very successful, and popular with the public.  The provision of floodlights, especially ones that meet the international television requirements, will enable both night and key international matches to be enjoyed by the public moving forward.

4.16    One anticipated concern is the potential visual impact of both the lighting towers and the operation of the lights themselves on the Hagley Park environment and on the capacity of visitors to continue to enjoy the park.  The same concern were raised during the Environment Court hearing in 2013.  Consequently, the resource consent was granted with conditions, including having the lights headframes retractable and removable. 

4.17    The proposed amendment to the District Plan under Section 71 of the Regeneration Act, if approved by the Associate Minister, will mean that the proposed six permanent lighting towers will become a permitted activity in the District Plan.  However, for these towers to be able to be erected on sites in Hagley Oval requires the granting of a new ground lease under Section 54(1)(b) of the Reserves Act for the areas covering these sites.

4.18    The Council officers’ assessment of the landscape technical report commissioned by Regenerate Christchurch for the Regeneration Act Section 71 proposal finds that the six proposed lighting towers will detract from the natural character of the Hagley Park setting.  Also, that the impact on visual amenity will be when the towers are viewed against the skyline from within Hagley Oval, from the surrounding parts of Hagley Park or from the Christchurch Botanic Gardens.  Additionally, that the towers will be visible from other parts of Christchurch, notably the Port Hills, and particularly evident at night when the lights are illuminated.

4.19    The current leased sites have the four lighting towers positioned to avoid being within ten metres of the Umpires Pavilion heritage building.  With the six lighting tower proposal, a “Floodlight and TV Scaffolding Exclusion Zone” around this building is proposed to be inserted in the District Plan.  The nearest proposed tower will be positioned well outside this zone.

Strategic Alignment / Te Rautaki Tīaroaro

4.20    This report is to inform the Hearings Panel of the due process of response to an application by an existing lessee to enhance an important recreation facility on Hagley Park.  The application is being processed in accordance with the relevant provisions of the Reserves Act, including full public consultation, and assessed for compatibility with Council planning direction, including objectives and policies of the Hagley Park Management Plan 1997.

4.21    This report supports the Council's Long Term Plan (2018 - 2028):

4.21.1 Activity: Parks & Foreshore

·     Level of Service: 6.8.5 Satisfaction with the range and quality of recreation opportunities within parks. - Resident satisfaction with range and quality of recreation facilities within Parks: >= 85%.

Decision Making Authority / Te Mana Whakatau

4.22    The limit of the decision making authority in this case is for the approval of the proposed new lighting tower sites in the ground lease to the CCT.  In the context of that decision making, the Hearings Panel needs to be mindful of the nature (non-retractable) and scale (height limit), and the purpose and benefit, of the lighting towers proposed to be erected, and how these lighting towers may further support and enhance the provision of recreation on, or detract from the landscape and heritage values of, Hagley Park.  However, the decision making as to the proposed lighting towers being a permitted activity under the District Plan is that to be made by the Associate Minister.

4.23    The full Reserves Act process, as laid out in Section 54 of the Reserves Act, is being followed.  This includes having received written submissions or objections over one calendar month, with submitters given the opportunity to indicate if they wished to be heard in support of their submission or objection.

4.24    The role of the Hearings Panel is to consider the submissions and all other relevant information, determine its response and make recommendations to the Council for a decision.

4.25    The terms of reference for the decision making is for the resolutions to recommend and approve the granting or non-granting of a new ground lease to the CCT for six new lighting tower sites on the perimeter of Hagley Oval.   In the event approval is recommended by the Hearings Panel, and given by the Council, CCT will need to surrender its existing leased premises for four lighting towers at Hagley Oval, and the six new towers to be facilitated by way of variation to CCT’s existing ground lease.  The CCT will retain the lease termination date of 30 November 2046.

4.26    The proposed leased premises for the six lighting tower sites will include, in addition to the underground extent of the tower foundations, the horizontal spread of the lights headframes as mirrored on the ground surface, along with representation of this horizontal area in a vertical dimension up to the proposed maximum height.  This will be illustrated in the Plan of Premises included in the new Deed of Lease.  An indication of this is shown in Attachment A.

4.27    The CCT was formed by the CCA in 2007 to act as a foundation and fundraiser for CCA.  The CCT’s wider objectives are to foster and support the game of cricket in Canterbury and Westland and to provide charitable community benefits.  As a registered charitable trust, the CCT qualifies as a voluntary organisation, which means it meets the requirement under Section 54(1)(b) of the Reserves Act that a lease may only be granted to a voluntary organisation.

4.28    Due to this being a proposed new lease, upon its granting the Minister of Conservation’s consent is required to be obtained.  The Minister’s power has been delegated to the Council, and this has been sub-delegated to the Chief Executive to make on behalf of the Minister.

Previous Decisions / Ngā Whakatau o mua

4.29    The Council consented on 14 February 2013 to the CCA’s resource consent application being referred directly to the Environment Court.

4.30    The Environment Court on 13 August 2013 granted resource consent for the number (four), design (partly retractable and removable) and scale (up to 48.9 meters high) of lighting towers.

4.31    Council on 29 August 2013 granted the current ground lease to the CCA for the ground footprint of the pavilion and the four lighting tower sites (121 square metres for each tower site; 2,469 square metres for the total land area leased).

4.32    On 25 September 2014 the Council approved the assignment of the lease to the CCT.

Assessment of Significance and Engagement / Te Aromatawai Whakahirahira

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

4.34    The level of significance was determined by the high level of interest in the proposed development, the potential social and environmental impacts and possible benefits to the wider community in carrying out the decision.

4.35    The community engagement and consultation outlined in this report and attachments reflects this assessment.

Public Consultation / He Kōrerorero mo te Katoa

4.36    The Council at its meeting on 22 August 2019 approved public consultation of the proposed new lighting towers lease to be implemented in accordance with Section 54 of the Reserves Act.

4.37    Public notice was made on 16 October 2019, inviting interested parties to make written submissions or objections up to and including 18 November 2019.  Parties were able to indicate if they wished to be heard in support of their submission or objection.

4.38    Various news items were published on the Council website and picked up by both local and nation news providers.

4.39    Letters and a public information leaflet were forwarded to, and/or contact made with, key parties, including the Department of Conservation and Ngāi Tahu.

4.40    Emails were sent to all key stakeholders and an information leaflet was posted to all people who submitted to the Environment Court in 2013.

4.41    Meetings with the Hagley Park Reference Group were held to discuss the proposed changes at Hagley Oval.  The Hagley Park Reference Group subsequently provided a submission for consideration.

4.42    Public information leaflets were available at all Council libraries and service centres.

4.43    A public drop-in information session was held at Hagley Oval between 6.30pm and 7.30pm on Monday 4 November 2019.  Council officers and representatives of the CCT were present to provide information and answer questions.  Approximately 40 members of the public attended.

4.44    At the close of the receipt of written submissions on 18 November 2019, 2,221 had been received. Reference to these is made in Paragraphs 5.1 to 5.4 of this report.

4.45    All submitters have had their submission or objection acknowledged – by email if the address of that was provided; otherwise by posted letter.

5.   Community Views and Preferences / Ngā mariu ā-Hāpori

5.1       2,221 written submissions were received by the closing date.  Of these, 2,060 (93 %) were in support of the granting of the proposed lease and 159 (7 %) opposed and two did not state a preference.  32 submissions were received from 28 businesses and official organisations and of these, five were not in support, 22 were in support and one did not state a preference.

5.2       A table of all the “not heard” submissions, including Council officer response when required, is presented in Attachment B.

5.3       Analysis of all submissions is provided in Attachment C.

6.   Legal Implications / Ngā Hīraunga ā-Ture

6.1       There is no legal context, issue or implication relevant to this decision, as it will be the consequence of the required full and robust Reserves Act process being followed.

6.2       This report has been reviewed by the Legal Services Unit.

7.   Next Steps / Ngā mahinga ā-muri

7.1       For the hearings Panel, once it has heard, considered and deliberated on the public submissions received on the proposed new lease, it will need to formulate its recommendation for decision by the Council, and to effect that with adoption of this report, with amendment and addition to it as required and necessary.

 


Hearings Panel

06 December 2019

 

 

 

Attachments / Ngā Tāpirihanga

No.

Title

Page

a

Attachment A - Plan of Premisis

14

b

Attachment B - Officer response of Not to Be Heard Submissions

15

c

Attachment C - Submissions Analysis

131

 

 

Confirmation of Statutory Compliance / Te Whakatūturutanga ā-Ture

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 / Ngā Kaiwaitohu

Author

Derek Roozen - Senior Network Planner Parks

Approved By

Andrew Rutledge - Head of Parks

  


Hearings Panel

06 December 2019

 

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5.     Submissions recieved on the Hagley Oval Lighting Towers Proposed Lease.

Reference / Te Tohutoro:

19/1394755

Presenter(s) / Te kaipāhō:

Sarah Drummond, Committee and Hearings Advisor

 

 

1.   Purpose of Report / Te Pūtake Pūrongo

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 Hagley Oval Lighting Towers Proposed Lease.

1.2       The Hearings Panel should consider all submissions received, the enclosed staff report and other relevant considerations in its deliberations, before deciding its recommendation to the Council.

1.3       The volume of written submissions from submitters who asked to be heard in person by the Hearings Panel, and the schedule of submitters booked to speak at the meeting is included as Attachment A.

1.4       The volume of written submissions who no longer wish to be heard is attached as Attachment B.

1.5       The volume of written submissions that were late and do not wish to be heard is attached as Attachment C.

 

 

2.   Staff Recommendations / Ngā Tūtohu

That the Hearings Panel:

1.         Receives the written submissions, including those received after the close off date, on the Hagley Oval Lighting Towers Proposed Lease.

 

 

 

 

 

Attachments / Ngā Tāpirihanga

No.

Title

Page

a

Attachment A - Volume of Submitters who wish to be heard.

139

b

Attachment B - Volume of Submitters who No Longer wish to be heard.

276

c

Attachment C - Volume of Late Submissions

293

 

 

Confirmation of Statutory Compliance / Te Whakatūturutanga ā-Ture

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 / Ngā Kaiwaitohu

Author

Sarah Drummond - Committee and Hearings Advisor

Approved By

Sarah Drummond - Committee and Hearings Advisor

  


Hearings Panel

06 December 2019

 


 


 


 

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Hearings Panel

06 December 2019

 

 

6.      Hearing of Submissions / Ngā Tāpaetanga

 

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”.

 

 

 

7.      Hearings Panel Consideration and Deliberation / Te Whaiwhakaarotanga