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Franklin Local
Board
28 February
2017
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Local Board
Delegations - Landowner Approvals (deferred from 23 August 2016)
File No.: CP2017/02230
Purpose
1. To confirm the process for local board decision-making and
delegations relating to minor landowner approval applications over local parks
in Franklin.
Executive
summary
2. The
Parks, Sport and Recreation and Community Facilities Departments receive
numerous requests for landowner approval to undertake various activities on
council park land. The current local board practice requires that all
applications, regardless of their complexity, are workshopped and reported to
the local board for approval. This can mean it takes between two to four months
to process applications.
3. A
workshop was held with the local board on 8 December 2015, to consider the
current local board process. To improve the customer experience with
respect to minor landowner approval applications (permanent private and public
infrastructure, affected party approvals and developer-led park developments),
the local board informally supported following the process set out in the Local
Board delegations protocols for utilising the council delegations by enabling
specific board members to either support staff to make the decision
under delegation and complete the process, or require that the matter be
reported to the full local board for consideration. Criteria were agreed for
what is considered a minor application.
4. This proposal is recommended for a period of six months from the
date of the resolution after which time it will be reviewed.
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Recommendation/s
That the Franklin Local Board:
a) Nominate
Board Members to utilise the process outlined in the Combined Chief Executive
Delegations Register authority, for minor land owner approvals relating to
park land for a period of six months from the date of this resolution.
b) Review
the process after six months.
c) Continue to receive all other landowner approval applications
relating to park land considered moderate or complex to a full local board
workshop and subsequent business meeting for a decision.
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Comments
5. The Parks, Sport and Recreation and Community Facilities Departments
receive numerous requests for landowner approval for various activities on park
land including permanent public and private infrastructure (e.g. stormwater
pipes, clubrooms), activities with no permanent infrastructure (e.g. events,
mobile commercial operations, community gardens), affected party approvals,
development led park developments, temporary use, plaques and memorials.
6. To
improve the customer experience when seeking landowner approval, staff are
looking at how current systems and processes can be improved. This includes
reviewing current processes with local boards.
Current
local board process
7. The
current process for all landowner applications regardless of their level of
complexity, is as follows:
· Application received and
assessment undertaken by staff
· Discussion and negotiation
with applicant to obtain the best outcome
· Workshop with the local
board
· Report to the local board
· If the application is
approved staff formalise the proposal via the appropriate mechanism which
includes reinstatement/mitigation conditions (e.g. letter, easement, lease
etc.). If not approved, the local board resolution is provided to the applicant
· Monitor reinstatement
and/or mitigation.
8. The
process for approval can take between 2-4 months.
Delegations
9. The local board delegation protocols set out the powers that are to
be exercised by local boards, with staff being delegated remaining powers. Before staff can exercise their powers,
they need to check if the portfolio holder wishes to have the decision made by
the local board, rather than staff.
10. There is no requirement in the protocols for workshops prior to the
staff decision, but the portfolio holder can work with staff to develop an
appropriate process that works.
Proposed process
11. Landowner
approval requests vary in terms of their level of complexity from minor to
complex. Examples of complexity for specific types of landowner approval are
provided in the table below.
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Type
of application
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Minor
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Complex
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Permanent
infrastructure - utilities
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Short
length of underground pipe
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New
pump station
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Permanent
infrastructure – building
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Small
expansion within leased area
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New
clubrooms
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Affected
party approvals related to resource consent applications
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Small
height in relation to boundary infringement
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Extensive
height in relation to boundary infringement
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Developer-led
improvements
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Specimen
tree planting
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New
playground
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12. A
workshop was held with the local board in December 2015 to discuss processes
around the different complexities of applications. The local board supported
board members working with staff in line with the council delegations for
landowner applications that are considered to be minor. It is recommended that
a minimum of 2 board members be nominated to work with staff.
13. The
process moving forward will involve parks staff assessing the application and
seeking the best outcomes in discussion with the applicant. A summary of the
application and staff recommendation will be emailed to the nominated board
members for consideration. The nominated board members will either advise staff
that they can use their delegation to formalise the activity or require that
the application be reported to the full local board for consideration. The
nominated board members are to respond in five days. Should no response be
received staff may assume that it is appropriate for the staff delegation to
apply.
14. The
criteria framework agreed for minor applications is as follows:
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Type
of application
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Minor
application criteria framework
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Permanent
infrastructure - utilities (private and public)
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· Upgrade or replacement of existing
infrastructure where the location or footprint is largely unchanged
· Stormwater disposal not involving
infrastructure where the park can sustain the runoff (i.e. current and future
park assets/uses are not affected)
· Pipelines or cables less than 10 metres
in length that are underground or have minimum impact when works are complete
and do not affect current or future use and development of the park
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Permanent
infrastructure – buildings
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· Alterations to a building(s) within a
lease or licence area not exceeding the existing lease or licence boundary or
intended purpose, for example building upgrades and small extensions
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Affected party
approvals
related to resource consent applications
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· Yard infringements where the yard is
still 75% or more of the allowable distance
· Height in relation to boundary
infringements where the infringement affects less than 1m vertical height of
the building or where the infringement affects less than 10% of the building
façade; and the impacts on the park are no more than minor
· Any other infringement (e.g. impermeable
surface, temporary construction effects) which has a less than a minor effect
on the park
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Development of
reserves to vest
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· Specimen tree planting offered at no cost
to the council
· Pathways/seats/bins around drainage
reserves offered at no cost to the council
· Pathways/seats/bins around esplanade
areas offered at no cost to the council
· Pathways in accordance with District Plan
or adopted Council Park’s plans offered at no cost to the council
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15. A set of principles which form the foundation for how applications
are assessed was also reviewed at the workshop and supported by the local board
(refer Attachment A).
Consideration
Local board views and implications
16. A workshop was held with the local board on 8 December 2015 where
the proposal to change the process to address minor landowner approvals was
discussed. The recommendations of this report reflect the outcomes of the
workshop.
Māori impact statement
17. Maori
were not consulted in preparation of this report as it is an internal process
matter.
18. When
assessing applications for landowner approval, it is standard practice to
review the site for any areas of interest to mana whenua identified through the
relevant district plan and Proposed Auckland Unitary Plan. Cultural values are
also taken into consideration.
19. Where applications require resource consent, iwi consultation can
also occur through this process. Where a decision relates to a reserve,
the council is required to act in accordance with Treaty of Waitangi
principles.
Implementation
20. The
new process for minor landowner applications for park land will be activated
immediately should the local board endorse the proposal.
21. Moderate and complex landowner applications for park land will
continue to be workshopped and reported to the local board.
Attachments
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No.
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Title
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Page
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a⇩ 
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Landowner Application Assessment Principles
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9
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Signatories
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Authors
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Sophie Bell - Parks & Open Space Specialists
Manager
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Authorisers
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Mace Ward - General Manager Parks, Sports and
Recreation
Sue O'Gorman - Relationship Manager
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