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AGENDA
Teviot Valley Community Board Meeting Thursday, 2 February 2023
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Date: |
Thursday, 2 February 2023 |
Time: |
2.00 pm |
Location: |
Roxburgh Service Centre, 120 Scotland Street, Roxburgh
(A link to the live stream will be available on the Central Otago District Council's website.)
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Sanchia Jacobs Chief Executive Officer |
2 February 2023 |
Notice is hereby given that a meeting of the Teviot Valley Community Board will be held in Roxburgh Service Centre, 120 Scotland Street, Roxburgh and live streamed via Microsoft Teams on Thursday, 2 February 2023 at 2.00 pm. The link to the live stream will be available on the Central Otago District Council’s website.
Order Of Business
Teviot Valley Community Board meeting Meeting - 24 November 2022
23.1.1 Declarations of Interest Register
23.1.2 Application to Stop Part of Branxholm Street
23.1.6 February 2023 Governance Report
11 Resolution to Exclude the Public
23.1.7 February 2023 Confidential Governance Report
Members Cr N Dalley (Chairperson), Cr M Jessop, Cr S Feinerman, Ms G Booth, Mr R Read
In Attendance T Cadogan (Mayor), S Jacobs (Chief Executive Officer), S Righarts (Group Manager - Business Support), D Rushbrook (Group Manager - Community Vision), D Scoones (Group Manager - Community Experience), L van der Voort (Group Manager - Planning and Infrastructure), W McEnteer (Governance Manager)
Teviot Valley Community Board meeting - 24 November 2022
Teviot Valley Community Board Agenda |
2 February 2023 |
MINUTES
OF A mEETING OF THE
Teviot Valley
Community Board
HELD IN THE Roxburgh
Service Centre, 120 Scotland Street, Roxburgh
AND LIVE STREAMED VIA MICROSOFT TEAMS ON Thursday, 24 November 2022 COMMENCING AT
2.00 pm
PRESENT: Cr N Dalley (Chairperson), Cr M Jessop, Cr S Feinerman, Ms G Booth, Mr R Read
IN ATTENDANCE: T Cadogan (Mayor), S Jacobs (Chief Executive Officer), L van der Voort (Group Manager - Planning and Infrastructure), S Righarts (Group Manager - Business Support), D Rushbrook (Group Manager- Community Vision), D Scoones (Group Manager – Community Experience), G Bailey (Parks and Recreation Manager), Q Penniall (Infrastructure Manager), S Finlay (Chief Financial Officer), K McCullough (Senior Project and Commercial Accountant), M de Cort (Communications Coordinator), W McEnteer (Governance Manager), J Harris (Governance Support Officer)
1 Apologies
There were no apologies.
2 Public Forum
There was no public forum.
3 Confirmation of Minutes
Committee Resolution Moved: Feinerman Seconded: Jessop That the public minutes of the Teviot Valley Community Board Meeting held on 2 November 2022 be confirmed as a true and correct record. Carried |
4 Declaration of Interest
Members were reminded of their obligations in respect of declaring any interests. There were no further declarations of interest.
5 Reports
22.7.2 Grovers Hill Recreation Reserve Re-Planting Options |
To consider options for replanting Grovers Hill forestry plantation.
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Committee Resolution Moved: Jessop Seconded: Booth That the Teviot Valley Community Board A. Receives the report and accepts the level of significance. Carried |
Committee Resolution Moved: Booth Seconded: Read B. Agrees that the Roxburgh Recreation Reserve area – Grovers Hill is replanted with eleven hectares of Pinus attenuata and one hectare of mixed natives. Carried |
22.7.3 Road Name Approval Report - Off Teviot Road |
To consider a request to name a right of way in Millers Flat. |
Committee Resolution Moved: Booth Seconded: Jessop That the Teviot Valley Community Board A. Receives the report and accepts the level of significance. Carried |
Committee Resolution Moved: Jessop Seconded: Booth B. Agrees that the right of way off Teviot Road be named Kaylea Lane. Carried |
22.7.4 Teviot Valley Financial Report for the Period Ending 30 September 2022 |
To consider the financial performance overview as at 30 September 2022. |
Committee Resolution Moved: Feinerman Seconded: Jessop That the report be received. Carried |
6 Mayor’s Report
22.7.5 Mayor's Report His Worship the Mayor gave an update on his activities since the last meeting before responding to questions. |
Committee Resolution Moved: Dalley Seconded: Feinerman That the Teviot Valley Community Board receives the report. Carried |
7 Chair's Report
22.7.6 Chair's Report |
The Chair gave an update on activities and issues since the last meeting. · Attended two business breakfast meetings. · Attended the Prizegiving at Roxburgh Area School. |
Committee Resolution Moved: Booth Seconded: Jessop That the report be received. Carried |
8 Members' Reports
22.7.7 Members' Reports |
Members gave an update on activities and issues since the last meeting:
Cr Feinerman reported on the following:
· Attended the River Track walkway upgrade inauguration with Department of Conservation. · Attended the Teviot Valley group for fruit growers to discuss ways to attract fruit workers and have things for them to do. · Advised that the Swimming Pool project will be completed end of March/early April. · Advised that a Calendar of events is being put together and a new event is being held in December 2022 and February 2023 for new people and visitors.
Ms Booth reported on the following:
· Attended the AGM at the Teviot Valley Rest Home.
Mr Read had nothing to report.
Mr Jessop reported on the following:
· Attended a 3 Waters meeting hosted by the local MP. · Attended a Lake Onslow meeting. · Attended an ORC meeting discussing regional water plans. · Attending a Museum meeting later this week. · Attended a breakfast meeting at the Millers Flat hall. |
Committee Resolution Moved: Dalley Seconded: Feinerman That the report be received. Carried |
9 Status Reports
22.7.8 November 2022 Governance Report |
To report on items of general interest, receive minutes and updates from key organisations and consider the legacy and current status report updates. |
Committee Resolution Moved: Dalley Seconded: Jessop That the report be received. Carried |
10 Date of The Next Meeting
The date of the next scheduled meeting is 2 February 2023.
11 Resolution to Exclude the Public
Committee Resolution Moved: Feinerman Seconded: Booth That the public be excluded from the following parts of the proceedings of this meeting. The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
Carried |
The public were excluded at 2.53 pm and the meeting closed at 3.03 pm.
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23.1.1 Declarations of Interest Register
Doc ID: 606809
1. Purpose
Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.
Appendix 1 - TVCB Declarations of Interest ⇩
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23.1.2 Application to Stop Part of Branxholm Street
Doc ID: 605823
1. Purpose of Report
To consider an application to stop an unformed section of Branxholm Street, to legalise an historic encroachment, in accordance with the provisions of the Public Works Act 1981.
That the Teviot Valley Community Board A. Receives the report and accepts the level of significance. B. To recommend to Council to approve the proposal to stop the unformed portion of Branxholm Street identified as Section 1 in figure 5, being approximately 268 square metres, subject to: - The applicants paying for the land identified as Section 1 at valuation of $35,000 including GST (if any). - The applicants paying all other costs associated with the stopping. - The applicant obtaining the consent of the owner of Lot 1 DP 7225. - A covenant being registered over the area identified in figure 18. - The land being amalgamated with record of title OT400/197 (Lot 1 DP 4138). - The final survey plan being approved by the Chief Executive Officer.
C. Authorises the Chief Executive to do all that is necessary to give effect to the resolution.
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2. Background
Ownership, Occupation, and Management of Legal Roads
All legal roads were originally vested in the Crown pursuant to the Public Works Act 1876.
In 1979, all legal roads (other than government or state highways) vested in fee simple in the council of the district in which they were situated, making councils road controlling authorities.
Each road controlling authority manages their roading network in accordance with a selection of legislation such as the Local Government Acts 1974 and 2002, the Land Act 1948, and the Land Transport Act 1998.
Road controlling authorities also have the power to make bylaws and policies to assist with the ongoing management of their roads.
Many unformed legal roads, or parts thereof, appear to be incorporated into adjoining properties, however adjoining property owners have no legal right of occupation or ownership of unformed legal roads, or any part thereof, irrespective of how many years they have been occupying the land as their own.
While the legislation governing the use of legal roads does not differentiate between formed and unformed roads, the Land Act 1948 and the Land Transfer Act 2017 prohibit claims of adverse possession of a road or any other land that is vested in trust for public use. This is because the right of the general public to pass and repass over any legal road is held in perpetuity.
Stopping Legal Roads
To ‘stop’ a legal road or any part thereof, the legal road status must first be revoked. This enables the land to be freeholded, then sold if it is determined to be surplus to the road controlling authority’s operational requirements.
Roads can be stopped subject to the provisions of the Public Works Act 1981 or the Local Government Act 1974.
Examples of road being surplus to requirement include the legal road being much wider than the formed road or the legal road being located on land that is not physically able to be formed.
A more common reason for stopping legal road is to address an encroachment.
Encroachment
A property encroachment occurs when someone or something traverses the legal property boundary.
A roading encroachment occurs when public access to a legal road is restricted, or where an area of legal road has been occupied for private use. For example, a building or a fence which extends onto the legal road, or a balcony which protrudes over the legal road.
If an encroachment is identified, the current owner of the property is responsible for the encroachment regardless of when the structure was erected.
Branxholm Street
Branxholm Street (the road) starts at Edinburgh Street. It runs southwest, parallel to Scotland Street, then terminates at the intersection of Till Street.
It is a low volume road which is somewhat disjointed, and only partially formed. The road has an overall length of approximately 1,360 metres. Its width varies from around 15 to 22 metres.
An overview of the road is shown below in figure 1.
Figure 1 – Overview of Branxholm Street.
The Property
Noel and Sharyn Millar (the applicants) own the property at 150 Branxholm Street (the Property). The Property is situated at the southernmost end of Branxholm Street, adjacent to the western end of Till Street.
The Property is contained in records of title OT400/197 and OT1C/1032. Record of title OT400/197 consists of two parcels of land, both parcels are described as Lot 1 Deposited Plan (DP) 4138.
Record of title OT1C/1032 consists of a single parcel of land which is described as Section 15 Block XXIV Town of Roxburgh (Section 15).
Section 15 was originally part of a Crown owned water race which ran through and/or behind a number of properties off the western side of the road. Several titles were issued for the land under the water race in 1964 with the Crown then disposing of the titles to the adjacent property owners.
Section 15 dissects Lot 1 DP 4138 which is why Lot 1 is contained in two parcels. The Property has a total area of 1,043 square metres more or less.
An overview of the Property is shown below in figure 2.
Figure 2 – Overview of the Property situated at 150 Branxholm Street.
The applicants purchased the Property in June 1990. There is no evidence of a LIM being obtained in conjunction with that purchase.
Improvements on the Property include an historic stone cottage (the cottage), and a sleepout with ablutions and a small deck. Records indicate that the cottage was constructed in the 1870’s. The applicants moved the sleepout onto the Property in 2009 after obtaining building and land use (resource) consents.
The building consent provided for the relocation of the sleepout, and the ground works associated with its placement. Land use consent was also required as the applicants proposed to breach yard requirements by placing the sleepout closer to the Branxholm Street boundary than is permitted under District Plan rules.
Applications to breach yard requirements must give consideration to the adverse effects the proposed breach may have on the amenity value of the surrounding environment. The surrounding environment includes neighbouring properties, water bodies, the character of the streetscape, the roading network, infrastructure, and heritage values.
An application for resource consent may be considered non notified if the effects are not more than minor and affected parties have provided written approval. Where written approvals are provided effects on those parties cannot be considered in the consent process. In a roading context, affected parties are likely to be adjoining landowners.
As the applicants proposed to breach the road frontage, the Central Otago District Council (Council), as road controlling authority, was identified as an affected party.
On consideration, the breach was deemed to have no adverse effect on the roading network and affected party approval was given. It was also determined that adverse effects on the wider surrounding environment would be no more than minor, with land use consent being granted in March 2009.
Boundary Issues and Geographic Information Systems
Notes attached to the building consent file indicate that the applicants first contacted Council regarding their plans to relocate the sleepout to the Property in early 2008. The file also indicates that there were concerns regarding the identification of the true legal property boundary.
In that same year (2008) the applicants engaged a surveyor to identify their true legal boundaries.
While carrying out that work, the surveyor recorded the northern and southern boundaries as being ‘out’ slightly and the eastern and western boundaries as being ‘out’ quite significantly in comparison to the cadastral boundaries and aerial photography overlay on the Geographic Information System records.
Geographic Information Systems (GIS) are computer-based tools which are used to capture, store, visualise, and analyse digitised spatial records. The base layer of GIS is the parcel layer being a digitised version of property boundaries which have been defined by cadastral survey, then approved by Toitū Te Whenua Land Information New Zealand (LINZ), as the owner of New Zealand’s cadastral data.
Some versions of GIS, such as those used by local authorities, are complex as they contain numerous additional layers. An example of the base parcel data being attributed to LINZ is shown on the bottom of all maps that are printed from Council’s GIS as shown below in figure 3.
Figure 3 – GIS Disclaimer
In 2015, the applicant’s surveyor submitted the new digitised survey data to LINZ, and they were asked to correct the base parcel layer.
Corrections to base parcel layer are called rubber-sheeting. Rubber-sheeting is the process of identifying the true legal boundary geospatially by overlaying and comparing the newly digitised survey data to the existing spatial record. If the existing spatial record is found to be ‘out’, LINZ will adjust it to reflect the true legal boundaries.
Rubber-sheeting has become increasingly common since the introduction of digital survey plans in 2007. It also means that the accuracy of LINZ’s geospatial records have improved considerably during the last 15 years.
In areas like Roxburgh, which have experienced little or no redevelopment during recent times, the digitised spatial records are known to be very unreliable.
LINZ confirmed the surveyor’s findings, then corrected their geospatial records accordingly.
A plan of the Property, as it was shown in GIS prior to the 2015 correction, is shown below in figure 4.
Figure 4 – Extract of the Base Parcel Layer Prior to Correction in 2015.
Post correction, the digitised version of the base parcel layer was noted as being consistent with the title plan. The correction also showed that the cottage encroached over the Branxholm Street boundary as shown previously in figure 2.
Application to Stop
Since having their true legal boundaries identified by a surveyor in 2008, the applicants have contacted Council to discuss remedying the encroachment of the cottage.
The applicants were advised that a simple road stopping, undertaken at their cost, would enable them to rectify the encroachment. The applicants advised they do not consider they are responsible for the encroachment.
In July 2022, the applicant’s lawyer lodged an application to stop an unformed section of Branxholm Street. A plan of the proposed stopping, which identified the road to be stopped as Section 1, is shown below in figure 5.
Figure 5 – Plan of Section 1 (Road to Stopped).
The purpose of the stopping was noted as being to resolve an historic encroachment that had stemmed from “a careless Crown surveying exercise” in the 1930s which resulted in the culturally significant cottage technically encroaching onto Council's unformed legal road.
The application also noted that the applicants had unwittingly inherited mistakes of the past and that they have maintained the berm at their own expense, even though the berm is located on Council's legal road.
As the applicants believe the encroachment is not their responsibility, they also believe the proposed stopping should be undertaken at Council’s cost with the land identified as Section 1 then being transferred to them for $1.00.
In consideration of the applicant’s position and to understand the costs, it was agreed that Section 1 would be valued (at the applicant’s cost) prior to the presentation of this report.
3. Discussion
Imperial Survey Plans
Prior to the introduction of the metric system in the 1970’s, surveyors recorded the survey, occupation, and title data on a single plan. They were also required, by law, to record the details of any encroachment. These plans are known as imperial survey plans.
DP 4138 is an imperial survey plan which dates back to August 1930. A full copy of DP 4138 is shown below in figure 9.
The survey plan is extensively detailed drawing to the centre right of the plan. The survey plan shows the details of both the subject land and surrounding properties, the water race and roads, along with the observation data and occupation details as they were at the time.
The Roxburgh Borough Council approved the survey plan in December 1930.
The title plan is the simpler drawing next to the left hand margin. The Deputy Chief Surveyor approved the title plan in June 1937.
Figure 9 – Full Copy of DP 4138
Surveying (cadastral) is the discipline of land surveying that relates to the laws of land ownership and the definition of property boundaries. Approving a survey or title plan relates purely to the proposed subdivision of the land.
The survey plan for DP 4138 identifies a number of occupations including fences, stone walls, and a building on an adjacent property. It also records two encroachments to road. The encroachment and other occupation notes are highlighted in the magnified extract of the survey plan which is shown below in figure 10. The applicant’s cottage is shaded pink.
Figure 10 – Magnified extract of the Survey Plan
As noted previously, the applicants believe the encroachment resulted a Crown surveying exercise which was undertaken in the 1930s. While the Crown was the original surveyor of the land, they had no interest in second survey as they had long since disposed of the land.
The evidence suggests that the two encroachments resulted from a simple mistake in identifying the south eastern boundary. This seems to be reflected on the survey plan which notes that the south eastern boundary point ‘cannot be pegged’ as the point is in a ‘stone wall’.
While it is an offence to move or remove a survey peg, they are often buried or lost over time. If the stone wall was constructed over the original survey peg, it is conceivable that the point marked with the red ‘x’ in figure 11, may have been taken to be the legal boundary marker.
Figure 11 – Possible explanation for boundary issue.
For example, if a straight line is drawn from the point marked with the red ‘x’ in figure 11, to the north eastern boundary point which is represented by the blue ‘x’, the incorrect boundary could have been assumed. If that was the case, the encroachment would not have been identified until the second survey was undertaken in the 1930s.
Figure 12 – Possible misrepresentation of the boundary points.
Roading Network
As noted previously, Branxholm Street is a low volume road which is somewhat disjointed, and only partially formed with the legal road width varying from around 15 to 22 metres.
The section of road which the applicants propose to stop varies from approximately 3.6 metres wide to 6.8 metres wide. This would leave a clearance of around 2 metres between the proposed new boundary and the formed carriageway.
Overall, a legal road width of approximately 15 to 17 metres would be retained as shown below in figure 13, which is sufficient for roading purposes.
Figure 13 – Legal Roading Corridor and Formed Carriageway.
Legislation and Policy
The Central Otago District Council’s Roading Policy determines the appropriate statutory procedure for stopping a legal road or any part thereof that is under their control.
The policy for selecting the correct statutory process is outlined in section 8.5 of Council’s Roading Policy. The options are as follow:
The Local Government Act 1974 road stopping procedure shall be adopted if one or more of the following circumstances shall apply:
a) Where the full width of road is proposed to be stopped and public access will be removed as a result of the road being stopped; or
b) The road stopping could injuriously affect or have a negative or adverse impact on any other property; or
c) The road stopping has, in the judgment of the Council, the potential to be controversial; or
d) If there is any doubt or uncertainty as to which procedure should be used to stop the road.
The Local Government Act process requires public notification of the proposal. This involves erecting signs at each end of the road to be stopped, sending letters to adjoining owners/occupiers and at least two public notices a week apart in the local newspaper. Members of the public have 40 days in which to object.
The Public Works Act 1981 road stopping procedure may be adopted when the following
circumstances apply:
e) Where the proposal is that a part of the road width be stopped and a width of road which provides public access will remain.
f) Where no other person, including the public generally, are considered by the Council in its judgment to be adversely affected by the proposed road stopping;
g) Where other reasonable access will be provided to replace the access previously provided by the stopped road (i.e. by the construction of a new road).
It is proposed that Public Works Act 1981 (the Public Works Act) procedure be adopted for this application for the following reasons:
· The proposal is to stop part of the road width only.
· Public access will not be adversely affected.
The Public Works Act further provides for legal road to be stopped, sold, and amalgamated with an adjacent title. In this instance, Section 1 (the stopped road) would be amalgamated with Lot 1 DP 4138, with a new record of title being issued for the three parcels of land.
Public Notification and Consultation Requirements
As outlined in Section 116 of the Public Works Act, road stoppings are not subject to public consultation if:
· the road is under the control of the territorial authority,
· the territorial authority agrees to the proposed stopping, and:
· adequate road access to land adjoining the road is left or provided; or
· the owners of the land adjoining the road or part of the road consent in writing to the stopping.
If the stopping is approved, the applicants will require the written approval of the owner of Lot 1 DP 7225 as her road frontage would be reduced by about 3.6 metres.
About 20 metres of the northern boundary of Lot 1 DP 7225 fronts the intersection of Branxholm and Till Streets. Another 14 metres of that boundary is mutual as shown below in figure 14.
Figure 14 – Northern Boundaries of Lot 1 DP 7225.
A low retaining wall and stone steps have been constructed on the road immediately adjacent to the edge of the formed carriageway. The retaining wall reinforces the grassed area in front of the cottage with the stone steps providing pedestrian access to the Property.
The retaining wall abuts the building on Lot 1 DP 7225 as shown below in figure 15.
Figure 15 – View of Retaining Wall and Stone
Steps from the Formed Carriageway.
The owner of Lot 1 DP 7225 approached Council enquiring about the road stopping process. After the process was explained to her, she indicated concern about access the rear of her property and that visibility from the small window fronting the legal road (to be stopped) could be impaired by a building or plantings.
Figure 16 – Till Street frontage of Lot 1 DP 7225.
Because of the mutual boundary and the location of the cottage and retaining wall the road stopping may impact on that property.
A covenant could for example, prohibit the construction of any improvements or plantings, could limit their height, and could also prescribe acceptable styles of fencing on the mutual boundary. It is recommended that a covenant be registered over the land immediately in front of the small window that sits just above the height of the retaining wall.
An example of the area which could be subject to the covenant is shown below in figure 18.
Figure 18 – Example of covenanted area.
Utility Networks
Many legal roads, whether formed or not, contain electrical, telecommunication, or water infrastructure. If there are any services in a road that is to be stopped, these can be protected by registering an easement on the resulting title.
Network operators have confirmed that there is no utility infrastructure in the section of the road which the applicants propose to stop.
Financial
Council’s Roading Policy determines that the applicant is responsible for all costs associated with the road stopping. This includes purchase of the land at market valuation. Section 1 (the land/road to be stopped) has been valued at $35,000 including GST (if any). This equates to about $131 including GST (if any) per square metre.
The applicants have requested that the land be transferred to them for $1.00 as they consider the encroachment to be Council’s fault, however. The identification of property boundaries on the ground (now or historically) is the responsibility of the property owner.
Transferring the land for less than the market valuation would also be contrary to Council’s Roading Policy.
If the applicants do not wish to pay market valuation for Section 1, the encroachment could be legalised by stopping a much smaller section of the road.
For example, the section of road shaded red in figure 19 below, has an approximate area of just 46 square metres. If the applicant’s preferred, this smaller section of the road would be worth approximately $6,025 including GST (if any). This option may also be preferable to the owner of Lot 1 DP 7225.
Figure 19 – Plan of less expensive option for legalising the encroachment.
4. Options
Option 1 – (Recommended)
To recommend to Council to approve the proposal to stop the unformed portion of Branxholm Street identified as Section 1 in figure 5, being approximately 268 square metres, subject to:
- The applicants paying for the land identified as Section 1 at valuation of $35,000 including GST (if any).
- The applicants paying all other costs associated with the stopping.
- The applicant obtaining the consent of the owner of Lot 1 DP 7225.
- A covenant being registered over the area identified in figure 18.
- The land being amalgamated with record of title OT400/197 (Lot 1 DP 4138).
- The final survey plan being approved by the Chief Executive Officer.
Advantages:
· The applicant’s occupation (encroachment) of the legal road will be legalised.
· Will not compromise the roading network.
· The income received will be used to address other public roading issues.
· Recognises the provisions of Council’s Roading Policy.
· Is consistent with the Public Works Act 1981.
Disadvantages:
· The applicants may not have anticipated having to purchase the land at valuation.
Option 2
To recommend to Council to approve the proposal to stop the smaller unformed portion of Branxholm Street as shown in figure 19, being approximately 46 square metres, subject to:
- The applicants paying for the land identified at valuation of $6,025 including GST (if any).
- The applicants paying all other costs associated with the stopping.
- The applicant obtaining the consent of the owner of Lot 1 DP 7225.
- The land being amalgamated with record of title OT400/197 (Lot 1 DP 4138).
- The final survey plan being approved by the Chief Executive Officer.
Advantages:
· The applicant’s occupation (encroachment) of the legal road will be legalised.
· Will not compromise the roading network.
· May be more palatable to the owner of Lot 1 DP 7225.
· The income received will be used to address other public roading issues.
· Recognises the provisions of Council’s Roading Policy.
· Is consistent with the Public Works Act 1981.
Disadvantages:
· The applicants may not have anticipated having to purchase the land at valuation.
· Stopping a smaller section of the road may not suit the applicant’s requirements.
Option 3
To not recommend to Council to approve the proposal to stop an unformed section of Branxholm Street.
Advantages:
· None, as the proposed stopping will not compromise the roading network.
Disadvantages:
· The applicant’s occupation (encroachment) of the legal road will not be legalised.
· Would resolve the concerns of the owner of Lot 1 DP 7225.
· Additional income will not be available to address other road encroachment or access issues.
· Does not recognise the provisions of Council’s Roading Policy.
· Does not recognise that the proposal is consistent with the Public Works Act 1981.
5. Compliance
Local Government Act 2002 Purpose Provisions |
This decision promotes the economic wellbeing of the community by generating income from the disposal of land that is held (but not required) for roading purposes.
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Financial implications – Is this decision consistent with proposed activities and budgets in long term plan/annual plan? |
There are no negative financial implications associated with the recommended option. The applicants are required to pay market value for the land, as well as all other associated costs.
Funds received from the disposal will then be available to address other public encroachment or access issues.
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Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc. |
Council’s Road Stopping Policy applies to this application.
Consideration of this policy has ensured that the appropriate statutory process, being to stop the road in accordance with the provisions of the Public Works Act 1981.
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Considerations as to sustainability, the environment and climate change impacts |
No sustainability, environmental or climate change impacts are related to the decision to stop this short unnamed unformed road.
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Risks Analysis |
No risks to Council are associated with the recommended option.
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Significance, Consultation and Engagement (internal and external) |
The Significance and Engagement Policy has been considered, with none of the criteria being met or exceeded.
Notice of the completed road stopping will be published in the New Zealand Gazette.
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6. Next Steps
1. Community Board approval February 2023
2. Council approval February 2023
3. Survey and LINZ Accredited Supplier engaged March 2023
4. Survey Plan approved Mid 2023
5. Gazette notice published Mid 2023
Nil
Report author: |
Reviewed and authorised by: |
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Linda Stronach |
Louise van der Voort |
Team Leader - Statutory Property |
Group Manager – Planning and Infrastructure |
13/01/2023 |
26/01/2023 |
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Doc ID: 606806
1. Purpose
To consider an update from His Worship the Mayor.
That the Teviot Valley Community Board receives the report.
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His Worship the Mayor will give a verbal update on activities and issues of interest since the last meeting.
Nil
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Doc ID: 606807
1. Purpose
The Chair will give an update on activities and issues since the last meeting.
That the report be received.
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Nil
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Doc ID: 606808
1. Purpose
Members will give an update on activities and issues since the last meeting.
That the report be received.
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Nil
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23.1.6 February 2023 Governance Report
Doc ID: 614659
1. Purpose
To report on items of general interest, receive minutes and updates from key organisations and consider the legacy and current status report updates.
That the report be received.
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2. Discussion
Status Report
The status reports have been updated with any actions since the previous meeting (see appendix 1).
Appendix 1 - TVCB Status Updates ⇩
Reviewed and authorised by: |
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Wayne McEnteer |
Saskia Righarts |
Governance Manager |
Group Manager - Business Support |
23/01/2023 |
23/01/2023
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2 February 2023 |
The date of the next scheduled meeting is 23 March 2023.
2 February 2023 |
11 Resolution to Exclude the Public
That the public be excluded from the following parts of the proceedings of this meeting. The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
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