Agenda of Devonport-Takapuna Local Board

1 Welcome

Mr Smith will lead the meeting in prayer – or whatever set text we decide will appear here.

2 Apologies

At the close of the agenda no apologies 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.

The Auckland Council Code of Conduct for Elected Members (the Code) requires elected members to fully acquaint themselves with, and strictly adhere to, the provisions of Auckland Council’s Conflicts of Interest Policy. The policy covers two classes of conflict of interest:

i) A financial conflict of interest, which is one where a decision or act of the local board could reasonably give rise to an expectation of financial gain or loss to an elected member; and

ii) A non-financial conflict interest, which does not have a direct personal financial component. It may arise, for example, from a personal relationship, or involvement with a non-profit organisation, or from conduct that indicates prejudice or predetermination.

The Office of the Auditor General has produced guidelines to help elected members understand the requirements of the Local Authority (Member’s Interest) Act 1968. The guidelines discuss both types of conflicts in more detail, and provide elected members with practical examples and advice around when they may (or may not) have a conflict of interest.

Copies of both the Auckland Council Code of Conduct for Elected Members and the Office of the Auditor General guidelines are available for inspection by members upon request.

Any questions relating to the Code or the guidelines may be directed to the Relationship Manager in the first instance.

4 Confirmation of Minutes

That the Devonport-Takapuna Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 17 November 2015, including the confidential section, as a true and correct record.

5 Leave of Absence

At the close of the agenda no requests for leave of absence had been received.

6 Acknowledgements

At the close of the agenda no requests for acknowledgements had been received.

7 Petitions

At the close of the agenda no requests to present petitions had been received.

8 Deputations

Standing Order 3.20 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Devonport-Takapuna Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

At the close of the agenda no requests for deputations had been received.

9 Public Forum

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.

At the close of the agenda no requests for public forum had been received.

10 Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to the public,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

11 Notices of Motion

At the close of the agenda no requests for notices of motion had been received.

Devonport-Takapuna Local Board

15 December 2015

Process for Retention and Upgrade of the Takapuna Beach Holiday Park on Takapuna Beach Reserve

File No.: CP2015/26663

Purpose

1. The purpose of this report is to provide advice to the Devonport-Takapuna Local Board on the process, indicative costs and timelines associated with pursuing the retention of a campground activity with upgraded facilities within the Northern Activity Zone of Takapuna Beach Reserve.

Executive Summary

2. Public consultation on four concept options for the development of the Northern Activity Zone of Takapuna Beach Reserve (the Reserve), commissioned by the local board, resulted in the majority of respondents selecting the option of retaining Takapuna Beach Holiday Park with upgrades as their first preference.

3. The campground activity is not provided for in the Takapuna Beach Reserve Management Plan (TBRMP). Before considering whether or not to retain a campground operation on the Reserve, a number of factors need to be considered:

· The rationale for having a campground activity (with or without upgrades) within the Northern Activity Zone, including identification and assessment of other options, advantages and disadvantages (including cost).

· A campground may have existing use rights on the Reserve, depending on the intensity, character and scale of effect a proposal to upgrade it may have.

· The two most likely ways a campground could be permitted to occur on the Reserve, given it is not contemplated in the TBRMP, are either through amending the TBRMP to permit a campground as an activity; or through a lease for a campground. Both of these processes require a publicly notified processes.

· A recent condition assessment commissioned by Panuku Development Auckland (Panuku) identified that most of the current campground buildings or components of them are in poor condition, and are either at the end of their life or have an expected remaining life span of two years maximum.

· The feasibility and financial return to council of options to address the condition assessment and/or undertake redevelopment depends on the standard of campground desired, the extent of upgrade to achieve this and who funds it (council, the lessee or shared). Indicative costs range from $207,000 to address compliance issues only (this is only a short–term solution) to $1.2 million to fully redevelop the site plus the cost of new chattels.

· The appointment process for a lessee will require the “campground offer” to be defined through a detailed feasibility study. An open contestable process is the default practice of council appointing an operator/lessee, although a preferred supplier can be appointed if sufficient grounds for this to occur can be justified.

4. An initial feasibility of future options for a campground activity on the Reserve recommends that any campground should be redeveloped and operated to a premium standard, due to its desirable location on the beachfront of Auckland. The feasibility also indicates that an option of council funding the upgrade with an optimally configured and fully refurbished holiday park should yield the highest number of interested parties in a lease and result in the highest net cash inflow to council.

5. The first step for the local board is to agree to develop a proposal to retain the campground activity for its consideration. The proposal can then be compared against a concept that complies with the TBRMP, consulted on with iwi and a decision made to proceed with the upgraded campground activity option or not.

6. The processes, timeframes and cost to then grant a lease, appoint an operator, and gain consents for the upgrade will take a minimum of 10 months and up to 22 months, with a minimum cost of between $35,000 to $55,000. To upgrade the campground activity will cost a minimum of $207,000 to address compliance issues and up to $1.2m for redevelopment. The timeframe to achieve any of the upgrade options is unknown at present and no funding source has been established.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) notes the advice on the process, indicative timeframe and cost to retain and upgrade the campground activity within the Northern Activity Zone of Takapuna Beach Reserve.

b) commit $50,000 from its locally driven initiatives (LDI) budget to prepare a proposal to retain an upgraded campground activity on Takapuna Beach Reserve for consideration and consultation with iwi before deciding to proceed (or not) to publicly notify and consult on the intention to retain an upgraded campground activity.

c) provide direction on the objectives the local board wishes to achieve from retaining an upgraded campground activity on Takapuna Beach Reserve to guide the proposal for consideration, which may include:

(i) maximise the return on investment to council:

(ii) reduce the effects of seasonality on the operation with more built accommodation and more powered sites:

(iii) optimise the site lay-out; and / or

(iv) development of a campground activity to a premium standard given its prime waterfront location.

Comments

Background

7. In May 2013, the Devonport-Takapuna Local Board adopted the Takapuna Beach Reserve Management Plan (TBRMP). The TBRMP identifies activity zones within the wider Takapuna Beach Reserve, most notably:

· unstructured recreation and unimpeded access to public open space;

· marine related activities, including boat storage, hardstand, launching facilities and any ancillary facilities; and

· self-contained motorhome accommodation.

8. At its meeting in October 2014, the local board resolved to develop a concept plan for the northern activity zone for public consultation (resolution DT/2014/266). The local board also resolved to establish a working party “to ensure the appropriate accommodation of activities contemplated by the management plan” (resolution DT/2014/258).

9. At its meeting on 21 April 2015, the board endorsed the options developed by the working party and resolved to undertake consultation with the community on the four potential land use options (resolution DT/2015/57). The options consulted on were:

· revert land to use as public open space;

· retain Takapuna Beach Holiday Park with upgrades;

· Community Marine Activity Hub (CMAH) as proposed by Harbour Access Trust; and

· Community Marine Activity Hub (CMAH), plus upgraded Takapuna Beach Holiday Park activity.

10. Consultation was undertaken from Monday 11 May to Sunday 7 June 2015. The consultation results were reported back to an extraordinary local board meeting on 4 August 2015. The council received 7,807 pieces of feedback, with the majority of respondents selecting the option of retaining Takapuna Beach Holiday Park with upgrades as their first preference (80%).

11. The board resolved at this meeting to request, based on the results of the feedback, a detailed report outlining the process, indicative costs and timelines associated with Option 2 (retaining the Takapuna Beach Holiday Park with upgrades) from relevant subject matter experts within council (resolution DT/2015/156h). For the purposes of this report, staff have reported on the process required for the council to approve a campground on the reserve, not the process to grant a lease to the current occupier.

Current state and processes to consider

12. In considering whether to retain the campground activity at the Takapuna Beach Reserve with upgrades, the current status of the activity and following processes and statutory requirements need to be considered:

Rationale for providing a campground activity

13. The TBRMP does not provide for a campground. This was explicitly consulted on during the development of the reserve management plan in 2012. Given this, one of the first steps in considering whether to have the campground is for the local board to clarify the rationale for now providing for a campground activity within the Northern Activity Zone of the Reserve. Outlined below is an initial view of some of the pros, cons and implications that will need consideration:

Pros:

· A campground is an existing and long term land use on the Reserve that is valued by many members of the community for the unique opportunity it offers for an inexpensive holiday right by the sea, and which people associate with a quintessentially Kiwi lifestyle. This view was expressed through feedback on the draft reserve management plan in 2012.

· The recent consultation of land-use options in May/June 2015 resulted in the majority of respondents selecting the option of retaining Takapuna Beach Holiday Park with upgrades as their first preference.

· A lease for a campground is allowed for under the Reserves Act on a recreation reserve, provided it is consistent with the operative reserve management plan or a publicly notified process is undertaken to establish the lease.

Cons:

· A campground is inconsistent with the current provisions of the TBRMP.

· Takapuna Beach Reserve is held primarily for the purpose of sporting and recreation activities, and a campground does not serve this function.

· A campground is inconsistent with the key driver to accommodate a range of marine related activities for public use and enjoyment in the Northern Activity Zone in accordance with its primary purpose as a recreation reserve under the Reserves Act, and its zoning for water-related activities in the District Plan.

· A campground is essentially a commercial activity, and the public can be excluded from what is prime waterfront land.

· Many members of the public who submitted on the draft reserve management plan in 2012 in opposition to the campground being retained may feel disaffected by a decision now to retain a campground as an activity on the Reserve.

Implications:

· A campground would inhibit the development of additional marine related activities on the site and inhibit the reserve being able to cater for increasing public demand for greater open space within the reserve, particularly unstructured recreation activities next to the coast.

Current lease status

14. The present lease between Auckland Council and Real Kiwi Holiday Company for the campground expired 31 March 2013, and the tenant has continued to operate on a “holdover basis” month to month consistent with the lease terms, with the exception of a variation to change the rent formula to a percentage of turnover.

15. The site is 7,272m² and there are 64 sites within the lease area, of which 51 are powered sites, five fully contained cabins, two tourist flats and six sites for tents with no power.

16. Key terms of the lease to note are:

· one month’s notice given in writing by either party of termination is required under the “holdover” lease;

· the lessee is responsible to maintain the premises and improvements in good clean and substantial condition and repair, and to take effective measures to prevent noxious weeds, shrubs or plants growing or spreading on the premises;

· rent is set as an annual fixed rental, noting a variation has been negotiated;

· the lessee is required to remove all lessee improvements on termination of the lease; and

· the two directors have personal guarantees on the lease.

17. If council were to terminate the lease, then given the lessee is required to remove all their improvements, it is likely the notice period given would be extended to three months.

18. Real Kiwi Holiday Company requested a new lease in 2013, but recently withdrew that request, as they believe the business has been affected by the inability to confirm long term bookings.

Regulatory environment and consents (refer Attachment A)

19. Staff have included general comments on the regulatory environment as it relates to the indicative process, timeframes and costs of retaining a campground operation.

20. Existing use rights can apply to the campground activity, provided that the activity is the same or similar in character, intensity and scale to that which existed prior to the relevant rule becoming operative or the proposed plan being notified. This will depend on the nature of the proposed activity and upgrade.

21. If it is not the same or similar, a new consent for the activity would be required. The campground activity is non-complying under the current Operative Auckland Council District Plan (North Shore Section), and is a discretionary activity under the Proposed Auckland Unitary Plan Public Open Space (Informal Recreation) Zone. The site is also identified as being in a flood zone and coastal inundation zone.

22. A resource consent, issued in 2014, is in place for the manager’s house and chalets. It reads: “The two buildings containing five studio chalets units, and Manager’s Residence building, shall be removed from the site, being Lot 1-10, DP18501NA479/20, within two months of the cessation of the Takapuna Beach Holiday Park”.

Reserves Act 1977, TBRMP and lease approach (refer Attachment B)

23. The campground activity is inconsistent with the TBRMP adopted in 2013. The two options under Section 54 of the Reserves Act 1977 that could result in a campground activity on the Reserve are:

i. Lease approach, either:

a. undertake a publicly notified process, including consultation to enable a lease that is not provided in the TBRMP; or

b. enter into a lease following the granting of a resource consent which was publicly notified in accordance with the Resource Management Act.

ii. TBRMP - undertake a publicly notified consultation to vary the TBRMP to provide for a campground activity. A lease may then be granted without further consultation.

24. Consultation with iwi must be undertaken separately and in addition to public consultation. The Reserve is classified as a recreation reserve under Reserves Act 1977, and iwi have expressed an interest in the Reserve through the TBRMP process where the decision was made not to include a campground activity.

25. Staff are investigating whether Ministerial approval is required under Section 53 of the Reserves Act 1977 to set aside part of the Reserve to build a campground given it is no longer included in the TBRMP.

26. There is a very high level of public interest and scrutiny in plans for the future development of Takapuna Beach Reserve. As part of the process to grant a lease, the local board must follow a robust decision-making process and give full consideration to all objections and submissions it receives on the lease proposal.

27. The notification process required to grant a lease under the Reserves Act 1977 will only require the activity/purpose of the lease to be confirmed as being compliant with a recreation classification under the Act. This means that a notice need not identify a preferred lessee or state that expressions of interest (EOI) are being sought for the purposes of granting a lease for the campground activity.

28. However, it is best practice to publish a notice seeking expressions of interest where a new lease is proposed to be granted. Depending on whether or not the nature of the activity is considered likely to generate submissions/objections to it, the local board may want to consider appointing an independent commissioner/panel to hear submitters/consider the submissions. Following completion of a hearing, the commissioner/panel will deliberate and then make a recommendation(s) to the local board based on their deliberations.

29. Where the local board elects to notify a lease grant to a preferred applicant without going through an EOI process, unless submissions adverse to the proposal are received resulting in the local board deciding to re-visit its choice of preferred operator, no further public notice confirming the lease grant is required.

30. A lease for any activity not described in an operative reserve management plan also requires the consent of the Minister of Conservation, which has been delegated to territorial authorities (governing body). In the case of Auckland Council, the Minister’s function has been delegated to Tier 3 Managers.

Scope of upgrade

31. Officers from Panuku Development Auckland (Panuku) commissioned a condition report of the Takapuna Beach Holiday Park facilities to inform the scope of upgrade that may be required in order to retain a campground activity.

32. The condition report covered the site, ablution block, cabins and managers residence. Most components of the site and buildings had a grading of 1 (poor with items that are worn, decayed and due to use, age or lack of maintenance have reached their life) or 2 with an expected remaining life span of two years maximum.

33. The poor condition of the asset appears to be the result of a mixture of assets being at the end of their expected lifespan, the impact of seaside location expediting decay, a lack of general maintenance and low levels of capital investment over time.

34. Panuku are taking immediate steps to address any safety issues identified in the condition report to keep the amenities in working order.

35. In addition, the consultants undertaking the condition assessment were requested to provide cost estimates for three approaches:

· Option 1: Resolve compliance matters only including electrical, fire, water tank structural assessment, accessible toilets, decking and handrail and retaining wall with an estimated cost of $207,000. This will keep the campground operational only in the short term, as assets have limited remaining lifespan.

· Option 2: Infrastructure upgrade including power, water, heating, site/surface drainage, road surface and repairing the retaining wall; estimated cost of up to $320,000. This option supposes further investment by a lessee in the amenities block and other buildings.

· Option 3: Redevelopment including demolition and rebuilding of amenities block, laundry and kitchen along with remedial works to the site infrastructure with an estimated cost of $1.2 million.

36. A funding source for any of the options outlined above has not been established. The local board would need to seek funds for council’s contribution in each option.

Feasibility of campground activity

37. There are several factors that affect the feasibility of the campground activity:

· the size of the site available and quality of amenities on offer;

· mix of sites that could be achieved between concessionary (longer term) and casual:

· the term of lease on offer:

· the scale of upgrade required to make the campground viable long term, and the mix of public and/or private investment required to achieve this;

· the expected return on investment of upgrading the campground to the council and/or operator; and

· the size of the market for campground operators in any given investment scenario.

38. An initial feasibility was commissioned by Panuku on the future options for a campground from Horwath HTL, an experienced hotel, tourism and leisure consultancy. The feasibility covered:

· what is an optimally configured and standard of campground for the site;

· what would be the commercial and other relevant considerations of the three options identified in the condition report; and

· in relation to each option, what are the financial returns council could expect and on what commercial terms and conditions, the minimum term of the lease and type and indicative size of the potential market for operators prepared to tender for a lease.

39. In undertaking the feasibility, discussions and data were obtained from the Holiday Parks Association of New Zealand and a leading accommodation industry real estate broker. The feasibility recommends the campground should be redeveloped and operated to a premium standard, i.e. Qualmark 5 star standard, due to its desirable location on the beachfront of Auckland, which was advised as one of the best in the country.

40. The report identifies a trend in New Zealand towards more built accommodation in holiday parks, e.g. cabins and motels. Having more all-weather accommodation can help reduce the seasonality generally experienced in holiday park accommodation and increase revenue. Options to address this for any upgraded campground activity could be to increase the number of built accommodation units if feasible or have removable buildings, also known as static caravans. It is also recommended to convert existing tent sites into powered sites. Together these two actions would add value to the price of the leasehold.

41. The conclusions from the feasibility study of the three options considered from the condition report are:

· Option 1: Resolve compliance matters only.

This option requires the lowest investment by council but is only a short-term solution that essentially defers council’s decision on the future of the campground until the end of the life of the assets. Council would not benefit from any sale of the leasehold business, and would continue to receive a relatively low lease rental percentage of turnover in the meantime.

· Option 2: Infrastructure upgrade where council invests an estimated $320,000 and a lessee invests in redevelopment of the amenities block and other buildings.

Under this option, council has least control over the redevelopment and standard of the campground activity. The lessee will likely be prepared to pay less for the leasehold due to having to fund the redevelopment and then experience the disruption of it. Due to a higher level of investment, the lessee may also demand a longer lease, and by comparison to Option 1, this approach would require more complex commercial negotiations with higher potential for later disagreement.

· Option 3: Redevelopment funded by council.

Council funds all redevelopment at an estimated cost of $1.2 million. The lessee will likely need to fund new chattels, e.g. replacement caravans, estimated at $400,000. Council has the greatest degree of control over the redevelopment process in this option, and it should ensure that the campground activity is reconfigured in an optimal way, with maximum revenue opportunity. This option should yield the highest level of interest from potential lessees. Whilst this option presents the highest capital outlay for council, the investment should be recovered through a combination of premium purchase price for the leasehold interest and lease rental, calculated as a percentage of turnover.

Appointment of a lessee

42. The Reserves Act 1977 is silent with regard to any direction as to how selection of a lessee to carry on the campground activity is to be achieved. It is the default practice at council to advertise for expressions of interest (EOI) from parties with an interest in carrying on a proposed activity under a lease, including commercial activities. Council is required to demonstrate value for money and good decision-making processes.

43. The EOI process would define what the campground offer is to the market. It is expected that Panuku would lead this process.

44. If as an alternative a “preferred supplier” has been identified for the operation of the holiday park, then a report to the local board recommending that a lease be granted to the preferred supplier will be required. The report needs to state clearly why the preferred supplier is being considered, and why no other party/parties are considered to be eligible.

45. Public notification of the intention to grant a lease is still required, and the local board (or hearings panel if appointed) must give full consideration to all objections and submissions it receives in relation to the proposed grant in accordance with Section 120 of the Reserves Act 1977.

46. Regardless of the process to appoint a lessee, the local board may want to stipulate some outcomes that it requires under any new lease for the campground activity. Examples of this are:

· operations must comply with all relevant legislation. e.g.: Camping-grounds Regulation 1985:

· lessee to work toward a certain Qualmark star rating (to be determined once upgrade defined); and

· Grounds maintenance to be carried out to a standard similar to adjacent reserve.

Process, cost and timeframes

47. A summary of the process, costs and timeframes to retain a campground operation on the Reserve are set out in Table 1 (refer Attachment A-C for detail). The first step in the process is to commission a proposal for a campground activity for consideration. It would be based on a detailed feasibility and more detailed costings of the proposed upgrade, and compared against an option compliant with the TBRMP.

48. Certainty of timeframe can only be given up to the point of making a decision whether to proceed or not in June 2016. After that point, there are a multitude of factors that affect the timeframe. Some activities can be done concurrently, dependent on the route chosen, reducing the timeframe for implementation. The report back on the proposal in March 2016 can outline the timeframes and approach, dependent on the option chosen. Timeframes are based on the judgment of officers on how long other projects have taken.

49. From the time a decision is made to proceed with having the campground activity assumed in June 2016, it will take:

· A minimum of 10 months (8 months to notify the lease under the Reserves Act 1977 and appoint a lessee, and 2 months for non-notified consent of upgrade works) at a minimum cost of $35,000, plus cost to prepare consent to get all approvals. Then a further period of time, currently unknown until the scale and funding of any upgrade are established.

· Up to 22 months (16 months to undertake a variation to the TBRMP, appoint an operator and 6 months for a fully notified resource consent) at a minimum cost of $58,000 to get all approvals.

· A further period of time, potentially 6-12 months depending on the scale of redevelopment.

Table 1.

	Process	Time frame	Cost
1.	Local board request a proposal for consideration to retain a campground operation with upgrades noting total cost (capex and opex). Local board allocates budget to prepare a proposal for a campground.	December 2015 meeting of local board	$50,000
2.	Proposal and concept for campground activity (costs, viability, tenure, amenities, layout) prepared alongside a concept compliant with the TBRMP. Targeted consultation / engagement to assist in developing a proposal: · Environment Takapuna · Save Takapuna Beach Holiday Park · Takapuna Beach Café · Waka ama · Takapuna Boating Club · Friends of Takapuna Beach Reserve Funding source identified.	January- March 6-8 weeks
3.	Consult iwi/mana whenua on proposal for retaining campground.	April/May 4 weeks	$3,000
4.	Decision to proceed or not and how: · Publicly notify activity through Reserves Act lease proposal, notified resource consent or variation to TBRMP. · Appointment of operator : EOI process (open or invited) or negotiate with preferred supplier. Decision on lease and operator and/or TBRMP.	June 2016 Will range from 8 months (notified lease/consent) to 16 months (TBRMP variation process).	Minimum $30,000 Further $23,000 if notified consent Cost of EOI $5,000
5.	Notice to tenant if not new operator. Resource consent for upgrade.	3 months’ notice to tenant. 1 month to prepare consent, and then will range from 20 working days for non-notified process to 130 working days (6 months) for fully notified process.	Range from $4,500 to $23,000 to lodge consent and hearing deposit. Final costs unknown.
6.	Undertake upgrade.	Options range from addressing compliance issues only through to redevelopment.	$207,000 to $1.2 million

50. Two risks to consider throughout the process outlined in Table 1 is that the campground activity may cease for a period of 12 months due to either the current campground operator walking away from the lease and there is no viable way to keep it operating (although council could step in for a short period), and/or the upgrade takes more than 12 months to complete. This would likely trigger a new consent for the campground activity itself.

Consideration

Local board views and implications

51. The local board is familiar with the issues within this report, having been engaged by staff in discussions at workshops on 20 October and 1 December 2015 based on information supplied in response to resolution DT/2015/156.

Māori impact statement

52. Iwi with historic and cultural links to Takapuna Beach and waka ama groups were key stakeholders in the development of the TBRMP, and a range of specific outcomes were identified and feedback incorporated into the plan.

53. An objective of the TBRMP is to work collaboratively with mana whenua representatives on issues of importance to Māori in the management of Takapuna Beach Reserve. The supporting policy states that mana whenua representatives, facilitated through the council’s Te Waka Angamua (Māori Strategy and Relations department), will participate in decision-making on management issues of importance to Māori. Given the campground activity is not consistent with the TBRMP, early engagement with mana whenua should be sought on the issue.

Implementation

54. If the decision is made to request a proposal to retain the campground activity, then the next steps are to complete a detailed feasibility study, prepare a concept of the desired campground activity, and undertake initial consultation with mana whenua and stakeholders.

Attachments

No.	Title	Page
a View	Regulatory and planning framework	19
b View	Reserve Management Plan and Lease Process Summary	21
c View	Process Summary	23

Signatories

Authors

Matthew Ward - Team Leader Parks and Open Space Specialists (North/West)

Authorisers

Mark Bowater - Acting General Manager - Parks, Sports and Recreation

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

15 December 2015

Devonport-Takapuna Local Board Quick Response Grants: Round Two, 2015/2016

File No.: CP2015/24832

Purpose

1. The purpose of this report is to present applications received for round two of the Devonport-Takapuna Local Board Quick Response Grants Programme 2015/2016. The local board is required to fund, part-fund or decline these applications.

Executive Summary

2. The Devonport-Takapuna Local Board has set a total combined community grants and local events budget of $188,000 for the 2015/2016 financial year. At the 17 November Devonport-Takapuna Local Board meeting, the local board resolved to allocate $30,000 from the regional grants to the ‘local discretionary community grants’ budget line, in order to increase the combined funding pool to $218,000, for the 2015/16 financial year.

3. The budget will be allocated to successful applications. A total of $109,665 was allocated under the round one events fund, and $12,500 was allocated for Movies in Parks. A total of $12,765 was allocated under quick response round one and $62,350 was allocated under local grants round one, leaving a total unallocated budget of $20,720.

4. Fourteen applications were received in this quick response round, with a total requested of $23,021

5. An application deferred from the Devonport-Takapuna Local Events Contestable Fund Round One 2015-2016 will be considered as part of this report.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) consider the applications listed in the table below and agree to fund, part-fund or decline each application::

Organisation	Focus	Funding for	Amount Requested	Eligible/ Ineligible
Lululemon Athletica Takapuna	Community	Towards the road closure costs for the “Yoga Street and Beats” event in December 2015	$2,000	Eligible
1st Devonport Scout Group	Sport and recreation	Towards the purchase of two tents and five storage crates between November 2015 to January 2016	$1,980	Eligible
Les Mills Takapuna	Sport and recreation	Towards the Auckland Council event permit costs for the Les Mills community fitness classes at Milford Reserve, Milford and Northern Reserve between December 2015 to March 2016	$300	Eligible
ShanShan Multicultural Society Incorporated	Events	Towards the hireage of the Sunnynook Community Centre and the purchase of ingredients for the Chinese New Year event 2016 to be held between January 2016 to February 2016	$274	Eligible
Czech School Auckland Incorporated	Arts and culture	Towards the accommodation, meals and travel costs of the Czech Philharmonic Children’s Choir in October 2015	$600	Ineligible, application is for retrospective costs
New Zealand Nutrition Foundation	Community	Towards costs to purchase food, facilitator wages and hireage of the Milford Baptist Church for the senior chef cooking and nutrition programme between January 2016 to May 2016	$2,000	Eligible
The Depot Art and Music Space	Arts and culture	Towards the costs of advertising and marketing including printing and distribution, wages for gallery curation and filming for the “This Must End” project between March 2016 to July 2016	$2,000	Eligible
The Korean Society of Auckland	Community	Towards the wages of the tutor and costs for resources the between February 2016 to December 2016	$2,000	Eligible
North Shore Theatre and Arts Trust	Arts and culture	Towards the wages of the facilitators, technical assistant fees, purchase of stationary, photocopying, purchase of craft supplies and consumables and utility costs for the “Summer Holiday Drama” programme in January 2016	$2,297	Eligible
Badminton North Harbour	Sport and recreation	Towards the purchase of landscape materials for the upgrade of the Badminton North Harbour facility at 47 Bond Crescent, Forrest Hill between January 2016 to February 2016	$2,000	Eligible
Devonport Schools Waterwise Society Incorporated	Sport and recreation	Towards the rental costs of the Wakatere Boat Club, Narrow Neck Beach, between December 2015 to September 2016	$2,000	Eligible
Older Women's Network	Community	Towards the costs of publishing the brochure and posters, advertising costs, hireage of the Positive Ageing Centre, presenter costs, catering and purchase of decorations for the “Come Cruising With Us” festival in May 2016	$2,000	Eligible
Forrest Hill Milford United Association Football Club Incorporated	Sport and recreation	Towards the insurance for the Forrest Hill Milford United Association Football Club between January 2016 to September 2016	$3,200	Eligible
Devonport Ecological Restoration Team	Environmental	Towards the hireage of a trailer for the ecological restoration project in the Narrow Neck catchment area between December 2015 to June 2016	$370	Eligible

b) consider the application received from 45 Events Limited in the below table and agree to fund, part-fund or decline:

Organisation	Focus	Funding for	Amount Requested	Eligible/ Ineligible
45 Events Limited	Events	Towards the costs of on water safety for the Harcourts Beach Series between December 2015 to March 2016	$8,500	Eligible

Comments

7. The implementation of the new Community Grants Policy commenced on 1 July 2015. The policy supports each local board to adopt a grants programme for 2015/2016, and the Devonport-Takapuna Local Board adopted its grants programme on 4 May 2015 (see Attachment A).

8. The local board grants programmes sets out:

· local board priorities;

· lower priorities for funding;

· exclusions;

· grant types, the number of grant rounds and when these will open and close; and

· any additional accountability requirements.

9. The Devonport-Takapuna Local Board will operate five quick response grants rounds for this financial year. The second quick response grants round closed on 16 October 2015.

10. The Devonport-Takapuna Local Board has set a total combined community grants and local events budget of $188,000 for the 2015/2016 financial year. At the 17 November Devonport-Takapuna Local Board meeting, the local board resolved to allocate $30,000 from the regional grants to the ‘local discretionary community grants’ budget line, to increase the combined funding pool to $218,000, for the 2015/16 financial year.

11. The budget will be allocated to successful applications. A total of $109,665 was allocated under the round one events fund, and $12,500 was allocated for movies in parks. A total of $12,765 was allocated under quick response round one and $62,350 was allocated under local grants round one, leaving a total unallocated budget of $20,720.

12. Fourteen applications were received in this quick response round, with a total requested of $23,021.

13. An application deferred from the Devonport-Takapuna Local Events Contestable Fund Round One 2015-2016 will be considered as part of this report.

Consideration

Local board views and implications

14. Local boards are responsible for the decision-making and allocation of local board community grants. The Devonport-Takapuna Local Board is required to fund, part-fund or decline these grant applications against the local board priorities identified in the local board grant programme.

15. The local board is requested to note that section 48 of the Community Grants Policy states “We will also provide feedback to unsuccessful grant applicants about why they have been declined, so they will know what they can do to increase their chances of success next time.”

Māori impact statement

16. The provision of community grants provides opportunities for all Aucklanders to undertake projects, programmes, activities that benefit a wider range of individuals and groups, including Maori. As a guide for decision-making, in the allocation of community grants, the new community grants policy supports the principle of delivering positive outcomes for Maori. There are no applicants applying in this round that have identified as Maori, and nine applicants have indicated their project targets Maori or Maori outcomes.

Implementation

17. The allocation of grants to community groups is within the adopted Long-term Plan 2015-2025 and local board agreements.

18. Following the Devonport-Takapuna Local Board allocating funding for round one local grants, Commercial and Finance staff will notify the applicants of the local board decision.

Attachments

No.	Title	Page
a View	Devonport-Takapuna Local Board Grants Programme 2015/2016 (Under Separate Cover)
b View	Devonport-Takapuna Local Grants Application Summaries (Under Separate Cover)

Signatories

Authors

Kim Hammond - Community Grants Advisor

Authorisers

Marion Davies - Community Grants Operations Manager

Jennifer Rose - Operations Support Manager

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

15 December 2015

Auckland Transport Update December 2015 for the Devonport Takapuna Local Board

File No.: CP2015/26031

Purpose

1. This report provides an update on transport related issues and matters of interest to Devonport-Takapuna Local Board members during November 2015.

Executive Summary

2. This report covers matters of interest to the Devonport-Takapuna Local Board relating to Auckland Transport activities or the transport sector during the month of November 2015.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the Auckland Transport November 2015 Issues Update to the Devonport Takapuna Local Board.

b) consider allocating $10,000 from its Auckland Transport Local Board Capital Fund to progress preliminary detailed designs and to obtain rough cost estimates for Clarence Street upgrade.

Auckland Transport News

Local Board Capital Fund Projects

3. In July 2013, the board resolved (DT/2013/1):

a) that the following projects be investigated by Auckland Transport for consideration of funding from the Local Board Auckland Transport Capital Fund 2013/14:

· Bartley Square carpark, improve pedestrian flow

4. Following a report to the board in November 2014, costs for the Bartley/Fleet Street project were identified and in June 2015 the board resolved (DT/2015/104):

f) request that AT alter the current parking layout in Bartley Square carpark, Devonport to create better pedestrian flow

a. in addition, request that AT investigate pedestrian safety concerns on Clarence Street and cost solutions to any identified problems.

5. Consultation on the Bartley Square carpark has been completed, and the project is now ready to proceed to tender and construction in the new calendar year.

6. Auckland Transport traffic engineers have considered the Clarence Street proposal and the request by the board to investigate the pedestrian/safety issues. The board’s previous designs for a complete streetscape overhaul for Clarence Street was also taken into consideration.

7. If the board wished to progress the Clarence Street proposal, it could be split up into stages and completed as the board’s funding allows as follows:

· Wynyard Street kerb extensions;

· Bartley Terrace kerb extensions (New World entrance); and

· re-orientation of the on-street carparks on the northern side of Clarence Street – currently 90 degree, proposed to be parallel.

8. In order to make any of the projects future proof, materials and colours would need to be used that are proposed in the main project.

9. The upgrade of Clarence Street previously considered by the board has a completed concept design. However to specifically address the safety issues at each of the intersections and design them to a standard that could fit into any future upgrades funding of $10,000 is required. This will enable engagement of a traffic consultant to complete preliminary detailed designs and to obtain rough cost estimates in this regard.

Berm Planting Guidelines

10. Auckland Transport (AT) received feedback on its draft guidelines for “Private Planting in the Road Corridor” from 19 of the 21 local boards. This feedback is currently being assessed.

11. A new draft of the guidelines will then go to Auckland Transport’s executive team and the AT Board, with a final version of the guidelines to be available in the new year.

Improved facilities for ferry customers

12. A new pier is now being used by ferry customers to Gulf Harbour, Hobsonville and Beach Haven, Coromandel and Tiritiri Matangi

13. In November, Auckland Transport opened the new facility at Pier 4 at the Downtown Ferry Terminal. It replaces the old pier which was closed at the beginning of September.

14. The new pontoon and gangway is a great improvement for customers, as there is now a covered gangway that provides shelter for customers from bad weather or the afternoon sun. With the gangway being wider it also means better access for people using wheelchairs and baby strollers.

15. The new pontoon has two different boarding heights which allows larger vessels to use it, and also additional safety lighting, CCTV cameras and repositioned AT HOP card readers.

16. The new 28 metre concrete pontoon was fabricated at Total Marine Services’ fabrication yard in West Auckland. Six concrete units, each weighing 25 tonnes, were transported to Silo Park in Wynyard Quarter where they were connected using steel through rods.

17. The pontoon was then floated around Princes Wharf and into its new position at Pier 4 and secured to new anchor piles.

Cycling Numbers Increasing

18. The number of people cycling in Auckland is up 7% according to research released recently by Auckland Transport. An independent survey conducted earlier in the year looked at the walking and cycling habits of more than 1,600 people living in Auckland and compared the findings with last year.

19. The survey found that the number of people who said that they did any cycling at all increased from 20% to 27%. The number of people cycling at least once a week was also up to 11%, compared with 6% 12 months ago.

20. While the reason for cycling is still exercise or fitness (68%) or recreation (48%), there was a steady growth in those saying cycling to work was the reason they get on a bike (up to 16% from 12%). The survey also gathered information about where people lived and found that those areas directly east and west of the city are home to the highest proportion of people cycling.

21. This research is a source of real data in order for AT to plan ahead for the future cycle improvements. Putting in protected cycle facilities in the right parts of the city will make people feel and be safer when riding around the city. To maximise the investment which has come from local and central government, AT plans to improve the network for cycling into and around the city centre, as well connections to public transport interchanges.

22. People living in the inner city and the corridor running north-south from the city have the highest potential for growth in cycling. To get people cycling, overcoming perception of safety seems to be the greatest barrier.

Let’s Carpool Campaign

23. Auckland Transport is running a public campaign in November to encourage carpooling. The key objective is to reduce the amount of single vehicle occupancy trips into central Auckland by encouraging people to give carpooling a go and visit the ‘Let’s Carpool’ website to register. The target audience is people aged between 20 and 45 years working in central Auckland.

Consideration

Local board views and implications

24. This report is for the local board’s information.

Māori impact statement

25. No specific issues with regard to the Maori Impact Statement are triggered by this report.

General

26. The activities detailed in this report do not trigger the Significance Policy, all programmes and activities are within budget/in line with the council’s Annual Plan and Long-term Plan (LTP) documents, and there are no legal or legislative implications arising from the activities detailed in this report.

Implementation

27. There are no implementation issues.

Attachments

There are no attachments for this report.

Signatories

Authors

Marilyn Nicholls, Elected Member Relationship Manager, Auckland Transport

Authorisers

Jonathan Anyon, Elected Member Relationship Team Manager, Auckland Transport

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

15 December 2015

Special Exemption (Section 6) Fencing of Swimming Pools Act 1987

File No.: CP2015/24727

Purpose

1. This report seeks a decision on the following application/s for special exemption from some of the requirements of the Fencing of Swimming Pools Act 1987 (the Act).

Executive Summary

2. Applications for an exemption for swimming or spa pools have been received from the owners of:

· 16 Anakiwa Place, Milford

· 22 Winscombe Street, Belmont

3. The applications do not comply with the Act. Pool inspectors have inspected the properties and consulted with the applicants. Full assessment reports are attached to this report.

4. The local board must now resolve to grant, grant subject to conditions or decline the exemptions sought.

Recommendation/s

That the Devonport-Takapuna Local Board determine each application, by way of resolution, to:

a) grant the application for special exemption as sought for the property at 16 Anakiwa Place, Milford, on the condition that NZS 8500-2006 clauses (a-k) are met at all times and remain in this location.

b) grant the application for special exemption as sought for the property at 22 Winscombe Street, Belmont, with the condition that the doors have self-closing devices and latches at 1.5m at all times, the gate is fitted with a latch at 1.5m, the gate has the existing bars covered or replaced, and the exemption is granted to the property.

Comments

Background

5. Auckland Council pool inspectors have inspected each property for which an application for special exemption from the Act has been received. In each case, the swimming pool fencing does not comply with the Act. The details of the non-compliance are specified in the attachments to this report.

6. The council’s pool inspectors have consulted with the applicants in each case. The applicants have been made aware of the council’s requirements to ensure fencing is compliant with the Act, and they have chosen to seek a special exemption from those requirements.

Legislative implications

7. Compliance with the Act is a mandatory requirement for all pool owners unless exemptions are granted by the local board.

8. The Act requires pool owners to fence their pool, or all or some of the immediate pool area including the pool itself. Specific detail on this is contained in the schedule to the Act. If a pool does not have a complying fence it is an offence under the Act, unless exempt.

9. An exemption can only be granted by the local board after a consideration of the particular characteristics of the property and the pool, other relevant circumstances and taking into account any conditions it may impose. Then, only if “satisfied that an exemption would not significantly increase the danger to young children”, can an exemption be granted.

10. The definition of the immediate pool area, which is “the land in or on which the pool is situated and as much of the surrounding area that is used for activities or purposes related to the use of the pool”, is a key consideration for granting an exemption.

11. Where a building forms part of the pool fence and there are doors opening into the pool area, the local board may grant an exemption from compliance with clauses 8 and 10 of the schedule to the Act. It may exempt if it is satisfied that compliance with the Act is impossible, unreasonable or in breach of any other Act, regulation or bylaw and the door is fitted with a locking device that when properly operated prevents the door from being readily opened by children under the age of six years.

12. When granting a special exemption the local board may impose reasonable conditions relating to the property or the pool or reflecting other relevant circumstances. These may include:

a) making the exemption personal to the applicant so that on a sale of the property a new owner will need to apply for a new exemption; and/or

b) granting the exemption for a fixed term irrespective of changes of ownership

13. Any exemption granted or condition imposed may be amended or revoked by the local board by resolution. The rules of natural justice would however dictate that this action should not be taken without informing the pool owner and giving them the opportunity to be heard.

Consideration

Local board views and implications

14. Local boards have delegated authority to approve exemptions to the Fencing of Swimming Pools Act.

Before making an exemption, the local board must consider:

· the particular characteristics of the property and the pool;

· any other relevant circumstances; and

· conditions it may be necessary to impose.

15. The local board must also be satisfied that the exemption would not significantly increase the danger to young children.

16. The local board may resolve to grant, grant subject to conditions, or decline the application for special exemption.

17. If the application is declined the applicant will be required to fence the pool in accordance with the Act.

Maori impact statement

18. There are no particular impacts on Maori that are different from those of other pool owners.

Implementation

19. The decision must be made by resolution.

Attachments

No.	Title	Page
a View	16 Anakiwa Place, Milford (Under Separate Cover) - Confidential
b View	22 Winscombe Street, Belmont (Under Separate Cover) - Confidential

Signatories

Authors

Phillip Curtis - Senior Swimming Pool Specialist

Authorisers

Wolfgang Nethe - Team Leader, Compliance& Enforcement

Eric Perry - Relationship Manager

Chairperson	Joseph Bergin
Deputy Chairperson	Dr Grant Gillon
Members	Mike Cohen, QSM, JP
	Dianne Hale, QSO, JP
	Jan O'Connor
	Allison Roe, MBE

Portfolio	Responsibilities	Primary	Associate
Governance	Board leadership Board-to-Council and Board to Board relationships Board to CCO relationships (strategic governance matters) Civic duties Advocacy (local, regional and central government) Community partnerships Relationships with Māoridom Relationships with youth Relationships with government Unitary Plan Policy and planning: - local board plan - local board agreement - local area plan	Chairperson	Deputy Chairperson
Economic development and town centres Finance	Key relationships with ATEED Business Improvement Districts Establish and promote local priorities in relation to economic development and tourism Town centre renewal, design and maintenance Town centre marketing and community safety	Member Bergin	Member Hale
Events	Coordinating the Board events calendar Liaising with event organisers and applicants Local event sponsorship Filming applications, feedback on behalf of the Board and production company liaison	Member Roe	Member Cohen
Community development and resilience	Community development Neighbourhood relationships Community advocacy Community safety (excluding town centres) Graffiti removal Relationships with Civil Defence Emergency Management Group Community preparedness disaster response relief and recovery Artistic and cultural service levels Promoting artistic endeavour	Member Cohen	Member Roe
Parks and natural environment	Neighbourhood parks and reserves (including esplanade reserves and the coastline) Design and maintenance Plantings, playgrounds, tracks and bollards Local priorities in relation to regional environmental management Coastal management including mangrove encroachment and erosion mitigation Restoration of wetlands, streams and waterways	Member Cohen	Member Gillon
Transport and infrastructure	Transport projects and policy matters including roading, footpaths and public transpory. Infrastructure projects and policy matters (e.g. water, stormwater)	Member O’Connor	Member Hale
Regulatory and heritage	Oversight of regulatory activities including: - bylaws - consent processes (including input in to decisions on notifications for resource consent applications) - licensing and compliance Liquor licensing and enforcement Historic, built and Natural Heritage issues	Member Hale	Member Gillon
Recreational and community facilities	Stewardship of recreation centres and community facilities Libraries (including events and services relating to libraries and recreation centres) Local arts facilities and amenities	Member Gillon	Member O’Connor
Greenways	Transportation and recreation projects and policy relating to walking, cycling and greenways	Member Roe	Member Cohen

Authors	Sonja Tomovska - Local Board Democracy Advisor
Authorisers	Eric Perry - Relationship Manager