HEARINGS COMMITTEE
22 March 2018
SUBMISSION ON EMERSON PARK RECREATION RESERVE
REVOCATION OF RESERVATION
Department: Parks and Recreation
INTRODUCTION
1
The purpose of the report is to provide information in relation to the proposed Reserve
revocation over part Emerson Park Recreation Reserve in response to a submission on
the proposal.
2
The decision maker is not bound by advice provided within the report. This report has
been prepared on the basis of information available via the submission that was
received on 25 October 2017.
SUMMARY
3
In 1984 a small part of Emerson Park Recreation Reserve (“the Reserve”) was
developed to be used as part of the adjoining property at 18 Emerson Street, Concord,
Dunedin. A licence to occupy the Reserve land was granted to the Owner (“the Owner”)
of 18 Emerson Street.
4
The Owner has applied to purchase the licensed land that is legal y part of the Reserve.
The sale of the land was approved under confidential Report by Council on 28 March
2017. Part of the process to give effect to the sale is that the recreation reservation of
the licensed land needs to be revoked. This action is undertaken under section 24 of
the Reserves Act 1977 and comes with a public notification process as specified in
Section 24(2)(c).
5
The notice of proposal to revoke the reservation was notified in terms of sections 119
and 120 of the Reserves Act 1977. The notice was published in the Otago Daily Times
for one month asking for submissions and an information pack was provided.
6
One submission was received from a submitter who wishes to be heard advising that
the area is set aside for off-leash exercise for dogs pursuant to clause 5.6.1(d) of the
Dunedin City Dog Control By-Law 2016 (map 54).
Submission on Emerson Park Recreation Reserve Revocation of Reservation
Page 1 of 7
HEARINGS COMMITTEE
22 March 2018
RECOMMENDATIONS
That the Committee:
a)
Considers the submission received in relation to the proposed reserve revocation
b)
Decides to revoke the Reserve status under Section 120 of the Reserves Act
1977 of that part of Emerson Street Reserve legally described as 0.0550 hectares
(subject to survey) more or less being part Section 11, Block XV, Dunedin and
East Taieri Survey District, part Computer Interest Register 447977.and shown in
the area marked on the plan annexed as Attachment A.
c)
Notes that the requirement to publicly notify the intention to revoke the reserve
status has been satisfied.
BACKGROUND
7
The area of land proposed to have its reservation revoked has been licensed to the
Owner for some 30 years.
8
The licence has expired however the Owner continues to occupy the land pending the
outcome of this proposal.
9
The land now contains part of a relocatable garage, includes part of the Owner’s garden
and has been developed in such a way that it looks as though it is part of the Owner’s
property.
Details of Land for Reserve Revocation
10
The area is a relatively smal disjointed part (0.0550 hectares) of the Reserve that
contains a total area of 2.4867 hectares. The area does not look like it is part of the
Reserve as it is physical y separated from the reserve by a stream and there is no
footbridge to assist with access. The land now includes the Owner’s garden and
relocatable improvements which are improvements permitted under the prior licences.
11
The remaining area of the Reserve contains a playground, bush and open space that
can be fully utilised by the public for recreation activities including dog walking.
Attachment B shows an aerial photograph of the land in relation to the Reserve.
12
The area lies to the southwest of the sports field, separated by a batter slope, a small
stream and is a relatively small area of recreation reserve between the stream and the
Owner’s property. The area is difficult to access from the remaining Reserve.
13
The area is not visible from the majority of the Reserve and has no connectivity and
functionality for reincorporation with the remainder of the Reserve. It adds little value
to the Reserve now or if it was to become part of the Reserve again.
14
Since the area was developed it has always been licensed to the Owner. A licence does
not exclude the public from using the land but in this case there is limited opportunity
because of the separation by a stream, its aspect and functionality.
Relevant Reserve Management Plans and Other Policies
Submission on Emerson Park Recreation Reserve Revocation of Reservation
Page 2 of 7
HEARINGS COMMITTEE
22 March 2018
15
The draft Reserves Acquisition and Disposal Guiding document (October 2005) provides
a framework to facilitate opportunities for the acquisition and disposal of reserves. It
was adopted in its draft form pending development of the final policy.
16
Objective 3 advises the intent to consider disposing of reserves that do not add value to
the reserves portfolio.
17
The section on leased reserves advises that Council has a number of reserves not
required for reserve purposes that are leased out. Consideration needs to be given to:
•
The reserve requirement for the future;
•
Whether they need to be enhanced to fill a gap; or
•
Disposed of
The land has little value for recreation, has not actively been used for recreation for a
significant period and is a very small area compared with the larger balance of Reserve
area. The land is not required for any stream stabilisation or public work to protect or
enhance the Reserve. It is also not required to enable or enhance the use of the
balance Reserve area.
Overall it is considered that this land is not required to fill any current or future need of
the community.
The cost of reinstating the land for it to be made available as a reserve is also
prohibitive as it would involve the relocation of the garage. Additional y, the owner has
built up the level to match the remainder of their section. The fil includes former
building site material that if exposed could include contaminants, and the Council does
not wish to accept responsibility for those materials. Reinstatement would therefore
require the removal of those materials.
CONSULTATION SUMMARY
Reserves Act 1977
18
The land status is Recreation Reserve under the Reserves Act 1977. Part of the
requirements to sell the land to the Owner is the revocation of its reserve status under
section 24 of the Reserves Act 1977 together with a public notification process as
specified in Section 24(b) of that Act.
19
The notice of proposal to revoke the reserve was notified in terms of Sections 119 and
120 of the Reserves Act 1977. The proposal was advertised on 8 April 2017 with
submissions closing on 15 May 2017. The Dunedin City Council also displayed
information on the DCC website for the period of the consultation and provided hard
copies at the Civic Centre, Dunedin.
20
A copy of the Information Pack in relation to the public notification is attached as
Attachment C.
Submission Evaluation
21
The scope of the consultation under the Reserves Act 1977 was the proposal to revoke
the reservation as the area is surplus to reserve requirements. Submitters need to
demonstrate that the area is required for future recreational use.
22
The primary reason for the objection to the proposal is in terms of the DCC Dog Control
Bylaw 2016. The submitter also cites the lack of any other neighbouring Reserves
Submission on Emerson Park Recreation Reserve Revocation of Reservation
Page 3 of 7
HEARINGS COMMITTEE
22 March 2018
(within two kilometres) for exercising dogs off-leash. A full copy of the submission is
included as Attachment D.
23
The submission describes this part of Emerson Street Reserve being "set aside" for off-
leash dog exercise areas by the bylaw. It identifies areas of land which are in Council
ownership and specifies that dogs on that land are not required to be on leash.
However, the submitter appears to believe that the bylaw confers a right of entry. This
is incorrect. The bylaw identifies that if entry is available, a dog is not required to be on
a leash in that location.
24
The part of the reserve area to be revoked is not easily accessible from the balance
Reserve area as it is separated by a smal water course and is built up to the level of the
adjoining private land. The area cannot be accessed from the street and forms part of a
private backyard. It has appeared this way for some 30 years, and has not practical y
been accessible for use as a dog walking location for a considerable period.
25
The balance of Emerson Street reserve is some 2.4317 hectares (not including the
reserve area to be revoked) and is available for dog exercise as there is no change
proposed to that area under this proposal.
26
The remaining area of the Reserve is available for exercising dogs’ off-leash. This
contains a large flat area and some small rises and is primarily in grass with trees on
the perimeter. The overall assessment is that the balance reserve area is adequate for
use by the community, including dog exercise. Revocation of part of the reserve will
not detract from the amenity, or the use of the balance reserve. Therefore it is
recommended that the objection be declined in this instance.
27
The submitter also appears to consider the landowner's prior use of the reserve is
unlawful. In reviewing the terms of the licence it is considered that the use of the
reserve has been lawful.
28
The Dog Control Bylaw 2016 came into effect on 1 July 2016. The submitter has
actively opposed the introduction of the Bylaw, and is currently a member of a Council
working party that is engaged in identifying how dog control can be better managed in
the City. Consideration of improving the operation of the Bylaw is one factor in the
matters under consideration by that working party. The provision of dog parks and
spaces for dog exercise and training are also under active consideration. Those matters
are not able to be taken into account in respect of this decision as they relate to
different Council processes. The parts of the submission referring to those factors
should therefore be given no weight.
29
A copy of the Dog Control Bylaw 2016 is included as Attachment E and the relevant map
is included as Attachment F.
OPTIONS
Option One – Recommended Option
30
That the Hearing Committee decides to revoke the proposed reserve status as outlined
in this report.
Advantages
•
The Council complies with the requirements of the Reserves Act 1977 and its own
policy for disposal of reserve land.
•
The Council is able to carry out its prior resolution to sell the land to the Owner.
Submission on Emerson Park Recreation Reserve Revocation of Reservation
Page 4 of 7
HEARINGS COMMITTEE
22 March 2018
•
The Owner is able to occupy the land without the need for a licence.
•
There is no need for the continued cost in administration in regards to the
monitoring and granting of further licences.
•
The Council is no longer responsible for the potential liability of a built-up area
that may release contaminants.
Disadvantages
•
The area proposed for the revocation of the reserve will not be reinstated for use
as reserve land at the end of the license period.
Option Two – Status Quo
31
That the Hearing Committee does not grant the proposed reserve revocation.
Advantages
•
The general public have legal access to use the area for walking dogs off leash
and any other purpose but will find it difficult to use the area for walking dogs off
leash and any other purpose.
Disadvantages
•
The Council does not comply with its own policy and prior resolution for the
disposal of reserve land.
•
The Council is unable to sell the land to the Owner.
•
The Owner is unable to occupy the land, and will be required to remediate (at
significant cost) the site if a licence to occupy is not subsequently granted.
•
The Council will incur the cost of maintaining the land.
CONCLUSION
Having regard to the above assessment, I recommend that the Hearing Committee receive
this report and make a decision on the above options.
Signatories
Author:
Maria Sleeman - Leasing Officer
Authoriser:
Robert West - Group Manager Parks and Recreation
Leanne Mash - General Manager Infrastructure and Networks (Acting)
Attachments
Title
Page
A
Aerial photograph of the land over which the reservation is proposed to be
revoked
B
Aerial photograph of the land in relation to the Emerson Park Reserve
C
Information Pack in relation to the public notification
D
Submission
E
Copy of Dog Control Bylaw 2016
F
Map 54 Dog Control Bylaw 2016
Submission on Emerson Park Recreation Reserve Revocation of Reservation
Page 5 of 7
HEARINGS COMMITTEE
22 March 2018
SUMMARY OF CONSIDERATIONS
Fit with purpose of Local Government
This decision relates to providing a public service and it is considered good-quality and cost-
effective.
Fit with strategic framework
Contributes
Detracts
Not applicable
Social Wellbeing Strategy
☐
☐
☒
Economic Development Strategy
☐
☐
☒
Environment Strategy
☐
☐
☒
Arts and Culture Strategy
☐
☐
☒
3 Waters Strategy
☐
☐
☒
Spatial Plan
☒
☐
☐
Integrated Transport Strategy
☐
☐
☒
Parks and Recreation Strategy
☒
☐
☐
Other strategic projects/policies/plans
☐
☐
☒
The proposed reserve revocation contributes to the outcome of the Spatial Plan by
contributing to a liveable city and the Parks and Recreation Strategy by giving clarity in
terms of the recreation use of space within the City.
Māori Impact Statement
There are no known impacts for tangata whenua. The land is not subject to the Ngai Tahu
Claims Settlement Act 1998 as the land is not considered to be derived from the Crown.
Sustainability
The decision on whether or not to undertake the reserve revocation will provide clarity for
the occupation and public use of the Reserve.
LTP/Annual Plan / Financial Strategy /Infrastructure Strategy
No implications.
Financial considerations
The decision on whether to undertake the reserve revocation wil have implications for
Council by either ensuring that Council receive funds for the land in the future or costs will
be incurred for future management and administration of the land.
Significance
The proposal has a low level of significance in terms of community interest and engagement
under the Council’s Significance & Engagement Policy.
Engagement – external
A public notification process has been undertaken as outlined on page 3 of the Report.
Engagement has also been undertaken with the submitter.
Engagement - internal
The Chief Legal Officer has provided advice on the matter and various Council Parks and
Recreation staff and management have been involved with the matter over time.
Risks: Legal / Health and Safety etc.
There may be Health and Safety implications in terms of dogs and their access to the
Reserve land which is proposed to have its reserve status revoked.
Submission on Emerson Park Recreation Reserve Revocation of Reservation
Page 6 of 7
HEARINGS COMMITTEE
22 March 2018
SUMMARY OF CONSIDERATIONS
Conflict of Interest
There is no conflict of interest
Community Boards
The Reserve is not within a Community Board area.
Submission on Emerson Park Recreation Reserve Revocation of Reservation
Page 7 of 7
Document Outline
