TO:COUNCIL

FROM:THE DIRECTOR OF WORKS AND SERVICES

MEETING DATE:tuesday31 JANUARY 2017

teviot street reserve development and disposal proposals

Report Prepared by:Robin Pagan – Parks Manager

Summary

This report is presented to outline the process of lifting the reserve status on the Teviot Street Reserve.

Recommendations

That this report be received for information.

Implications

1. / Has this been provided for in the Long Term Plan/Annual Plan?
No.
2. / Is a budget amendment required?
No.
3. / Is this matter significant in terms of Council’s Policy on Significance?
No.
4. / Implications in terms of other Council Strategic Documents or Council Policy?
Reserves are managed in accordance with Resource Management Plans.
5. / Have the views of affected or interested persons been obtained and is any further public consultation required?
Public consultation is required.
6. / Has the Child, Youth and Family Friendly Policy been considered?
The Park Strategy has indicated sufficient neighbourhood parks in this area.

Financial Implications

Costs of the consultation process will be recovered from any eventual sale if the status is revoked. If the status remains a reserve, the costs will be met from the Parks budget.

Background

At the Infrastructure Services Committee meeting on 5 December 2016, Council were advised that a proposal had been received to use Teviot Street Reserve for the purposes of growing vegetables for sale in the local market and a developer had also expressed interest in the property. Both of these activities will restrict the public use of the area and Council resolved to remove the reserve status from Teviot Street Reserve.

The process under the Reserves Act 1977 requires that any proposal to remove reserve status must have a reason for the removal and be advertised asking for public submission. The proposal was subsequently advertised to remove the status for the purposes of sale on 18January 2017. Submissions close at 4.00 pm on Friday 3 March 2017. These submissions will then be brought back to Council for consideration at the Infrastructure Services meeting scheduled for 3 April 2017.

Following consideration of the submissions, in the event Council wishes to continue with the removal of the reserve status from the land, Council would then be required to seek the consent of the Minister of Conservation. Only once the Minister’s consent has been granted, would reserve status be removed from the land.

As Teviot Street Reserve was provided by the Crown, if the reserve status is revoked, this would extinguish ownership of the land by Council and it would revert to the Crown as land subject to the Land Act 1948. Council would be required to negotiate with the Crown in regards to disposal of the land. The land is also subject to Part 9 of the Ngai Tahu Claims Settlement Act 1998.

Due to the lengthy process involved in the removal of reserve status, no firm development plans have been received and the group wishing to lease the land for the purposes of growing vegetables are waiting on Council’s decision. A market rental assessment had been received in regard to leasing the area.

Teviot Street Reserve is an open space reserve with no facilities and has had limited use for many years with no formal activities using the reserve. A building erected on the park by a Scout Group which is now in recess and no longer operating was subsequently sold to the YMCA Charitable Trust and has been used from time to time for employment activities. Nearby Ettrick Street Reserve, situated approximately 100m to the east of the eastern boundary of Teviot Street Reserve, is a park which contains modern play equipment, opens space field suitable for ball games and other similar activities, formed access pathways and associated landscaping.

Conclusion

The process to lift the reserve status of Teviot Street Reserve starts with the proposal and hearing. No decisions about the use of the Reserve have been made and no development proposals have been presented to Council.

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