I hereby give notice that an extraordinary meeting of the Franklin Local Board will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Tuesday, 30 April 2019

9.30 am

Local Board Chambers
Pukekohe Service Centre
82 Manukau Road
Pukekohe

 

Franklin Local Board

Proposed commercial licence to Adrenalin Forest Ltd

 

HEARINGS AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Angela Fulljames

 

Deputy Chairperson

Andrew Baker

 

Members

Malcolm Bell

 

 

Alan Cole

 

 

Brendon Crompton

 

 

Sharlene Druyven

 

 

Amanda Hopkins

 

 

Murray Kay

 

 

Niko Kloeten

 

 

(Quorum 5 members)

 

 

 

Denise  Gunn

Democracy Advisor - Franklin

 

24 April 2019

 

Contact Telephone: (09) 295 3706

Email: denise.gunn@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

 


Franklin Local Board

30 April 2019

 

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Proposed commercial licence to Adrenalin Forest Limited                                     7  

 

 


1          Welcome

 

The Chair will open the meeting and welcome everyone present.

 

2          Apologies

 

At the close of the agenda an apology from Brendon Crompton on leave of absence had been received.

 

3          Declaration of Interest

 

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.

 

4          Proposed commercial licence to Adrenalin Forest Ltd

 

 

 


Franklin Local Board

30 April 2019

 

 

Proposed commercial licence to Adrenalin Forest Limited

File No.: CP2019/06191

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide background information and a summary of public submissions to the hearings panel, applicant and submitters prior to the hearing on an application for a licence to occupy by Adrenalin Forest Limited at the Stone Road Forest and Quarry Reserve.

2.       The scope of the report is to provide information on the licence to occupy arrangement to assist the Hearings Panel in making a decision on the granting of the commercial licence.

Whakarāpopototanga matua

Executive summary

3.       At its business meeting on 8 May 2018, the Franklin Local Board considered a report regarding the proposed commercial licence to Adrenalin Forest Limited and a community lease to Franklin County Archers Incorporated on the Stone Road Forest and Quarry Reserve (Attachment A).

4.       Approval for both the commercial licence and community lease was granted subject to the terms outlined in the local board report, including public notification and if necessary a hearing of submissions.

5.       Public notification of the proposed licence and lease were published on 20 November 2018 in the Franklin County News and the Auckland Council website inviting submissions, with a closing date of 19 December 2018.

6.       A public hearing of submissions on the proposed licence and lease will occur on 30 April 2019. The Franklin Local Board, as the Hearing Panel, will receive submissions and may make a decision or call for a further report following the public hearing.

7.       This report summarises the submission information into themes and provides background information and the policy framework, to assist the hearing panel in its review and consideration of the submissions received.

 

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board as the Hearings Panel:

a)      consider the public submissions and the submissions summary in this report in relation to:

·    the proposed community lease to Franklin County Archers Incorporated for a portion of Stone Road Forest and Quarry Reserve as indicated in the site plan Attachment A.

·    the proposed commercial licence to Adrenalin Forest Limited for a portion of Stone Road Forest and Quarry Reserve as indicated in the site plan Attachment A.

b)      make a decision with regard to the lease and licence or call for a further report on the proposed lease and licence.

 

 

Horopaki

Context

8.       A report was considered and approved by the Franklin Local Board on the 8th May 2018 –(Attachment B – Resolution). Below are the summarised terms of the approved report:

Franklin County Archers Incorporated

i)        Term – 10 years commencing 1 June 2018 with one 10-year right of renewal

ii)       Rent - $1.00 plus GST per annum if requested

iii)      Exclusive use of the area indicated on the site plan as A and shared use of the area indicated on the site plan as B with Adrenaline Forest Limited. The terms of the shared use to be:

A.   Exclusive use of the land outside the main practice range at all times.

B.   Exclusive use of main practice range Mondays to Saturdays until 10:00 a.m. (unless pre-arranged and mutually agreed otherwise to allow for    early Adrenaline Forest school group starts at 9:30 a.m.), Sundays until 11:00 a.m., and all days after 18:00.

C.  Additional use of main practice range and entire parcel for 4 full Sundays and 1 full weekend per year, to be advised no less than 9 months in advance and to take place between May and October if at all possible, but never between November 1 December and 31 January.

D.  Archers to allow Adrenaline Forest staff only use of kitchen in clubrooms. (Adrenaline forest may wish to upgrade the building and use for ticketing purposes, subject to approval from both parties).

E.   Archers to relocate targets 2 and 7 to alternative site for safety purposes.

iv)      A Community Outcomes Plan as approved and attached as a schedule to the lease

v)      The public notification of the intention to lease the land under the Reserves Act 1977, with any submissions bought to a hearing of the local board if required

vi)      The inclusion of a treaty clause to acknowledge underlying Crown ownership of the land

vii)     All other terms and conditions in accordance with the Reserves Act 1977 and the Auckland Council Community Occupancy Guidelines 2012.

Adrenalin Forest Limited

iv)      Term - five years commencing 1 June 2018 with two 3-year rights of renewal

v)      Final expiry date of 30 May 2029 (if all rights of renewal are exercised)

iii)      Rent - $8,000 plus GST per annum plus 4% of gross turnover

iv)      Annual Consumer Price Index rent reviews and market reviews on renewal

v)      Shared use of the area indicated on the site plan as B with Franklin County Archers Incorporated. The terms of the shared use to be:

A.   Exclusive use of shared area B on Mondays to Saturdays from 10.00 to 18.00 and Sundays from 11.00 to 18.00 unless pre-arranged and mutually agreed with Franklin County Archers Incorporated

B.   To allow the additional use of shared area B by Franklin County Archers Incorporated for four full Sundays and one full weekend per year to be advised no less than nine months in advance between the months of May and November

C.   Adrenalin Forest staff allowed use of the kitchen in the Franklin County Archers Incorporated clubroom

D.  Adrenaline Forest to provide fencing of the shared area and signage which indicate use by both parties

vi)      The inclusion of a treaty clause to acknowledge underlying Crown ownership of the land

vii)     The public notification of the intention to lease the land under the Reserves Act 1977, with any submissions bought to a hearing of the local board if required

viii)    All other terms and conditions in accordance with the Reserves Act 1977.

9.       Auckland Council Resource Consents Department have approved a resource consent for land use activities (establishment and operation of an adventure park) on the reserve on 6 September 2018 (reference numbers LUC60318112) – (Attachment C).

10.     The resource consent was granted subject to the following summarised conditions:

i.   The total number of visitors on the subject site at any one time must not exceed 150 visitors

ii.  The hours of operation shall be:

a.       Summer period (1 October to 20 April): 10am to 6pm

b.       Winter Period (21 April to 30 September): 10am to 5:30pm

iii.  The commercial operation shall not operate the activity at the same time as the Franklin County Archers

iv. All earthworks shall be managed to ensure that no debris, soil, silt, sediment or sediment-laden water is discharged beyond the subject site to either land, stormwater drainage systems, watercourses or receiving waters. In the event that a discharge occurs, works shall cease immediately and the discharge shall be mitigated and/or rectified to the satisfaction of the Team Leader Southern Monitoring.

v.  There shall be no airborne or deposited dust beyond the subject site as a result of the earthworks activity that in the opinion of the Team Leader Compliance and Monitoring (South) is noxious, offensive or objectionable.

vi. The upgraded 6m wide vehicle crossing shall be designed and formed in accordance with the Auckland Transport Code of Practice 2013.

vii.          The two accessible parking spaces shall be identified and marked with a sign in accordance with New Zealand Standards NZS4121-2001.

viii.  The bus parking area shall be identified and marked with a sign.

ix. Car parking spaces shall be managed reasonably to allow staff and visitors to utilise this parking at all times. Storage items shall not be placed within the parking and manoeuvring aisles at all times.

x.  Rubbish shall be stored within the designated areas at all times except when emptying. Any outdoor rubbish storage area shall be screened from public view and to the satisfaction of the Team Leader Compliance and Monitoring South.

xi. The consent holder shall install and maintain permanent demarcation fencing to show the boundary of the Significant Ecological Area (SEA) overlay. The demarcation fencing shall consist of safety-capped waratahs.

xii.          The consent holder shall appoint a suitably-qualified arborist to supervise all tree-related aspects of the activity, including the removal, trimming or alteration of trees.

xiii.  Noise from the activity must not exceed the following limits when measured at or on the notional boundary on the site:

 

The approved Resource Consent plan of the land is Attachment D.

 

Time

Noise level

Monday to Saturday

7am -10pm

 

50d8 LAeq

Sunday 9am-6pm

All other times

40d8 LAeq

75d8 LAFmax

 

Tātaritanga me ngā tohutohu

Analysis and advice

11.     A total of 45 submissions were received regarding the proposed license to Adrenalin Forest Limited and lease to Franklin County Archers Incorporated – (Attachment E).

12.     One of the submissions was received late and the Hearing Panel can choose to consider this submission with the others in the attachment, or disregard it.

13.     Of the submissions received, 19 were in favour of the commercial licence to Adrenalin Forest and 24 were opposed to it or concerned about the possible impacts. One submission was in favour of the Franklin County Archers lease and none against it, with support also offered within some of the other submissions. The final late submission offered alternatives to how the two groups may be able to work together successfully, as did two of the other submissions.

14.     A summary of points from the submissions have been grouped below.

Support of the proposed commercial licence:

·    Widen the enjoyment and use of the public space

·    Benefits particularly for school aged children where there are not a large amount of similar activities

·    Increase in activity/tourism to the Bombay area

·    Sustainability of their operations/activity and their care of the natural environment

Opposition to proposed commercial licence:

·    Traffic concerns on Stone Road, number of vehicles and width of the road

·    Parking issues with extra vehicles coming down the road

·    Privacy and noise concerns to the residential housing in the area

·    Impact on the archery club’s activities

·    Lack of discussions with the neighbours for the activity

·    Reserve land should not be used for a commercial activity

·    Shared terms of use do not provide sufficient clarity

Support of the proposed community lease:

·    Low impact and sustainable activity

·    Length of time on land and success of club training in sport

As noted there were no submissions against the proposed community lease.

Summary of submissions in support

15.     Increase use and enjoyment of the reserve land

·      The majority of submitters in favour of the commercial activity noted the benefits of the recreational activity. The activity is seen to be complimentary to the land and the high ropes activity is an outdoors activity that is not common in Auckland as a whole.

·      Two submitters noted that this would be of benefit to their school groups who were interested in using the ropes course for school excursions.

 

·      One submitter raised the concern of ‘nimbyism (not in my backyard)’ and the effect this would have on the benefits that the proposed commercial activity would have to the region.

16.     Increase in activity to the Bombay area

·      Two tourism group submissions noted the benefits of the activity on the area’s tourism offering and the potential benefit to local business because of the increase in activity bought to the area through this commercial operation.

17.     Sustainability of their operations and care of the natural environment

·      Twelve submitters supported the proposed activity because of the care and enhancement of the natural space. A number of submitters also referenced the applicant’s present activities with successful operations in Wellington, Christchurch and the Bay of Plenty.

 

18.     Benefits to of the activity to individuals

·      Two submitters raised the benefits of having an outdoors adventure course as being of benefit to physical wellbeing and a new type of physical activity/hobby that is not currently present in the area.

Summary of submissions against

19.     Traffic and Parking

·      A total of 14 of the submitters who opposed the commercial licence raised concerns about the increased activity on the road and whether the infrastructure will be able to cope with the increased vehicle movements.

·      One submitter was particularly concerned with the assumptions that were made in the traffic impact assessment which the submitter did not agree with.

·      A consistent theme of the submissions was the concern of the increased traffic on Stone Road. Of particular concern was the width of the road and concerns around large commercial vehicle movements on the road. It was noted that the bridge on the road is a priority give way bridge which may not be appropriate for the volume and type of vehicle using the road.

·      Concerns that parking that will be established on site will not be adequate were raised as it would result in spill over into the surrounding road creating further issues for vehicle movements on Stone Road.

20.     Privacy and noise concerns

·      A submitter who is one of the closest residential occupants surrounding the reserve advised that some residents have views to the reserve and felt there would be a reduction in privacy should the activity go ahead. 


 

21.     Impact on the archery club’s activity

·      Five submitters opposed the commercial activity because of the impact sharing may have on the Archers. The Archers may have to move some of their targets/practice areas and this may affect their ability to host national events on the site.

·      One submitter was of the view that having shared use with a commercial activity would affect the growth of the sport.

·      Some submitters believe that health & safety may be detrimentally impacted by having shared use of the reserve at the same time as archery activity is taking place.

22.     Commercial activity on reserve land

·      Submitters raised concerns that a commercial activity was able to take place on Department of Conservation  (DOC) Land that is vested in Auckland Council. They believe that for-profit activities should not take place on DOC land and DOC land should be for public use.

 

23.     Shared terms of use do not provide sufficient clarity

·      Two submitters who were happy with the proposed activities on the site were concerned around the ‘shared use’. The submitters thought that there could be much clearer defined areas and clarify the terms of the shared area, and how to resolve conflicts. One late submission provided an alternative proposal to the shared days of use that would better accommodate the archers.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

24.     Community Facilities and Panuku Development Auckland have worked together during the process of establishing both a commercial and community tenants to ensure both tenants and the public are able to have safe and fair use and access to the site.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

25.     Authority to grant approval of commercial and community leases on Stone Road Forest and Quarry Reserve is delegated to the Franklin Local Board.

26.     The board, at the business meeting on 8 May 2018, resolved to grant a commercial licence and a community lease subject to conditions (Resolution FR/2018/61). This report deals with the result of public notification and iwi consultation.

Tauākī whakaaweawe Māori

Māori impact statement

27.     In conjunction with the public notification of the proposed lease and licence consultation in writing was carried out with eight iwi groups with potential interest in the area on 14 December 2018. A summary of the proposal, copy of the resolution and site plan was sent. Due to the Christmas period consultation was open for five weeks.

28.     Council staff received a reply from a representative of Ngai Tai ki Tamaki stating it had no issues with the application and a verbal reply from a representative of Ngati te Ata with a concern that the Franklin County Archers not be displaced through any commercial activity on the reserve. There was a question from one iwi with regard to costs for consultation with no further comment received.  No formal objections or submissions were received to the proposed lease and licence.

29.     During the earlier process of reclassification of the reserve, iwi consultation of both the land classification and the intention to offer a commercial and community lease was undertaken by Land Advisory Services.

30.     Eight relevant Iwi groups were contacted, with two responses from Ngati Tamaoho, and Ngati te Ata expressing concern over commercial activity on the reserve. A meeting was held on site on 14 July 2017 to discuss the proposal. Iwi expressed that they were happy with the stewardship of the reserve by the current tenant and were concerned that commercial use could dominate the reserve. At the conclusion of the meeting the groups were in agreement as to the reclassification of the reserve and commercial and community leases as long as buildings and impact on the reserve were contained within the proposed licence area. No formal objections or submissions were received at that time.

Ngā ritenga ā-pūtea

Financial implications

31.     As part of granting the licence, neither Panuku Development Auckland nor Auckland Council will be making any financial contribution or incentives to the prospective tenant to enter into the licence. The proposed tenant has previously produced financial statements and has undergone a credit check on the company and director to minimise risk to council.  Panuku Development Auckland will require a security bond to be paid by the tenant and held in trust should the tenant not be able to meet its obligations under the licence.

32.     Costs for the preparation of the lease and licence are borne by Auckland Council.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

33.     The risks for the commercial licence are minimal as the tenant would be doing minimal works to the environment, with the exception of improving a small area for parking.

34.     The prospective tenant relies on the quality environment (tree and land) to be able to provide the service and it is in their best interest to keep it protected and in its best condition.

35.     With the nature of these activities there is the risk of injury to individuals on the site. Adrenalin Forest is an established business, which has a strong track record of running safe activities.  Health and safety requirements are addressed within the Auckland Council licences.

Ngā koringa ā-muri

Next steps

36.     The Hearings Chairperson and the members of the Franklin Local Board, as the Hearings Panel, shall consider any submissions received and make a decision on the granting of the commercial licence and community lease at the Stone Road Forrest and Quarry Reserve.

37.     Auckland Council and Panuku Development Auckland will inform the prospective tenant of the local board’s decision.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Site Plan for Franklin County Archers & Adrenalin Forest Ltd

15

b

Resolution of Franklin Local Board

17

c

Resource Consent - Adrenalin Forest

21

d

Resource Consent - Approved Plans

37

e

Submissions in relation to Stone Road lease and licence

43

      

Ngā kaihaina

Signatories

Author

Matthew Jones - Commercial Property Manager

Authoriser

Nina Siers - Relationship Manager

 


Franklin Local Board

30 April 2019

 

 


 


Franklin Local Board

30 April 2019

 

 


 


 


Franklin Local Board

30 April 2019

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Franklin Local Board

30 April 2019

 

 


 


 


 


Franklin Local Board

30 April 2019

 

 


Franklin Local Board

30 April 2019

 

 


Franklin Local Board

30 April 2019