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

 

Date:

Time:

Meeting Room:

 

Thursday, 26 August 2021

5.00pm
Via Skype for Business

 

Ōrākei Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Mr Scott Milne, JP

 

Deputy Chairperson

Troy Elliott

 

Members

Troy Churton

 

 

Colin Davis, JP

 

 

Sarah Powrie

 

 

Margaret Voyce

 

 

David Wong, JP

 

 

(Quorum 4 members)

 

 

 

Kim Lawgun

Democracy Advisor

 

25 August 2021

 

Contact Telephone: 021 302 163

Email: kim.lawgun@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Ōrākei Local Board

26 August 2021

 

 

ITEM   TABLE OF CONTENTS            PAGE

1          Welcome                                                                                   5

2          Apologies                                                                                 5

3          Declaration of Interest                                          5

4          Leave of Absence                                                                    5

5          Acknowledgements                                              5

6          Petitions                                                                 5

7          Deputations                                                           5

8          Public Forum                                                                            5

9          Extraordinary Business                                       5

10        Proposed variation of agreement to facilitate transfer of land at 50 Tihi Street, Stonefields    7

11        Consideration of Extraordinary Items

 


1          Welcome

 

 

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.

 

4          Leave of Absence

 

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

 

5          Acknowledgements

 

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

 

6          Petitions

 

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

 

7          Deputations

 

Part 13 of the Board’s Standing Orders 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 Ōrākei 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.

 

8          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.

 

9          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.”


Ōrākei Local Board

26 August 2021

 

 

Proposed variation of agreement to facilitate transfer of land at 50 Tihi Street, Stonefields

File No.: CP2021/12614

 

  

 

Te take mō te pūrongo

Purpose of the report

1.        To update the local board on the public hearing of a proposed land exchange of part 25 Barbarich Drive with 50 Tihi Street, Stonefields under the Reserves Act 1977.

2.       To seek the local board’s support to cease the Reserves Act process, and to instead proceed with the land exchange by varying an agreement with a third party so that the land located at 50 Tihi Street in Stonefields is transferred to Auckland Council in substitution for part 25 Barbarich Drive, Stonefields.

Whakarāpopototanga matua

Executive summary

3.       Under an existing Private Development Agreement (PDA) between Auckland City Council (now Auckland Council) and the developer (now Templeton Stonefields Limited (Templeton)) part of the land at 25 Barbarich Drive, Stonefields (2970m2) (Part 25 Barbarich Drive) is to vest in the council as recreation reserve upon deposit of the relevant subdivision plan.

4.       Templeton has proposed a substitution of Part 25 Barbarich Drive with 19,425m² of land located at 50 Tihi Street, Stonefields (see Figure 1).

5.       The land at 50 Tihi Street, Stonefields has been assessed against the council’s open space policy as a high priority for acquisition and would establish a significant area of contiguous park or open space that enhances recreation and improves accessibility to a heritage trail and Maunga. 

6.        Community Investment staff carried out public notification followed by a public hearing on the proposed land exchange under section 15 Reserves Act 1977 (RA). The Commissioners’ recommendations supported the proposed land exchange subject to a strip for a pedestrian right of way being retained (attachment A).

7.        Staff consider that, rather than proceeding with RA exchange, there is an alternative and more efficient way to implement this proposed transaction, if it is approved by the Parks, Arts, Community and Events Committee, that being through a variation to the PDA so that the land located at 50 Tihi Street in Stonefields is transferred to Auckland Council in substitution for Part 25 Barbarich Drive.

8.       Staff recommend that the Ōrākei Local Board support council officers negotiating a variation of the PDA with Templeton to substitute the requirement to vest Part 25 Barbarich Drive with 50 Tihi Street land, with no requirement to retain a strip for a pedestrian right of way.

 

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

a)      support the cessation of the proposed land exchange of part 25 Barbarich Drive, Stonefields with 50 Tihi Street, Stonefields under the Reserves Act 1977.

b)      support the variation to the existing Private Development Agreement between (now) Auckland Council and Templeton dated 20 May 2009 so that 19,425m² of land located at 50 Tihi Street in Stonefields (Lot 901 DP 478725) is transferred to Auckland Council in substitution for part 25 Barbarich Drive, Stonefields (2970m2) provided that there is no payment required by Auckland Council to Templeton for such substitution.

c)       support the recommendation by Auckland Council staff that there not be a requirement to retain a strip of part 25 Barbarich Drive, Stonefields for a pedestrian right of way.

d)      note that

(i)         a report will go to the Parks, Arts, Community and Events Committee for approval of the above, and,

(ii)        if approved, Auckland Council staff will negotiate and agree with Templeton the final valuations of both part 25 Barbarich Drive, Stonefields and 50 Tihi Street, Stonefields and

(iii)       the final terms and conditions of the variation to the Private Development Agreement, to be signed under existing officer delegations.

e)      note that, if approved, the land at 50 Tihi Street, Stonefields will be transferred to Auckland Council and held under the Local Government Act 2002.

Horopaki

Context

9.       Under an existing Private Development Agreement (PDA) with Templeton Stonefields Limited (Templeton), Part 25 Barbarich Drive is to vest in the council as recreation reserve upon deposit of the relevant plans for subdivision by the developer.

10.     Templeton has sold Part 25 Barbarich Drive to Fletcher Residential Limited (Fletcher) under an agreement requiring Templeton to seek a release from the obligation to vest Part 25 Barbarich Drive in council as reserve under the PDA.

11.      Fletcher wishes to develop housing on Part 25 Barbarich Drive which is currently zoned as Residential – Terrace Housing and Apartment Buildings under the Unitary Plan.

12.     Templeton has proposed to council a substitution of Part 25 Barbarich Drive with 19,425m² of land located at 50 Tihi Street, Stonefields (see Figure 1).

13.     The land at 50 Tihi Street, if transferred to council, would establish a significant area of contiguous park or open space that enhances recreation and improves accessibility to a heritage trail and Maunga.  It would also formalise an existing walkway for school children at Stonefields School.

14.     To date, it has been proposed that this was handled as a reserve exchange under the Reserves Act 1977 (RA). Preliminary steps under the RA were taken, including a public hearing which took place on 3 June 2021 to hear the community views on the proposal. The commissioners’ report dated 16 June 2021 in attachment A, recommends the proposed land exchange subject to a strip for a pedestrian right of way being retained.

15.     Due to the complexities of the RA statutory process, council staff consider that there is an alternative and more efficient way to implement this proposed transaction, if approved by the Parks, Arts and Community Events Committee, that being through a variation to the PDA so that the land located at 50 Tihi Street in Stonefields is transferred to Auckland Council in substitution for Part 25 Barbarich Drive.

16.     Community Facilities staff recommend that the Ōrākei Local Board support the proposed variation of the PDA with Templeton to remove the obligation to vest Part 25 Barbarich Drive in Auckland Council in substitution for the Tihi Street land, with no requirement to retain a strip for a pedestrian right of way.

 


 

Figure 1: The proposed land exchange is the area shaded green for the area outlined in blue at the base of  Maungarei/Mount Wellington

Tātaritanga me ngā tohutohu

Analysis and advice

Public Hearing and Commissioners Recommendations

17.     The Commissioners’ recommendations from the public hearing on 3 June 2021 are as follows:

18.     The recommendation in (b) above, to retain land on Part 25 Barbarich Drive for pedestrian access from College Road, was made to address concerns of parents of school children currently informally using the private land as a thoroughfare to walk to and from Stonefields School.

19.     The current formal pedestrian route from the Ngahue Drive/College Road traffic lights to Searle Street is approximately 200 metres. Any perceived “shortcuts” by a limited number of users through Part 25 Barbarich Drive are only a few metres shorter. Refer to the plan in attachment B. 

20.     Creation of a walkway through Part 25 Barbarich Drive will not result in any significant public benefit as the existing footpaths leading along College Road to Searle Street are of almost equal distance, and of a lesser gradient and slope.

21.     The steep topography of Part 25 Barbarich Drive makes access and compliance with Crime Prevention Through Environmental Design principles challenging, which is already mitigated by existing pavement access along College Road and along Searle Street. 

22.     Neither Fletchers nor Templeton are agreeable to the creation of a public strip through Part 25 Barbarich Drive which would require over 700 m2 of land and would significantly reduce the development potential and commercial viability of the site. 

23.     A suggested pathway through Part 25 Barbarich Drive would only result in any tangible public benefit if the site was retained in council ownership.

24.     Staff recommend that Part 25 Barbarich Drive is released from the obligation to vest in council without inclusion or provision of public access which is not necessary.

Pedestrian Access from Gollan Road to Tihi Street

25.     The Tihi Street land will provide council with the opportunity to formalise the informal walking path from Gollan Road to Tihi Street.

26.     This path is needed for students to travel safely to Stonefields School and as an extension to the Stonefields Heritage Trail, as, unlike the recommended access way across Part 25 Barbarich Drive, there is no reasonably available alternative.

Statutory Process - Reserves Act issues

27.     All reports and actions by council staff to date in relation to this proposal have been based on the assumption that a land exchange under section 15 of the Reserves Act 1977 is required.

28.     The intention behind the land exchange proposal is that 50 Tihi Street vests in or is transferred to Auckland Council rather than Part 25 Barbarich Drive and the most efficient approach is for council staff to negotiate a variation to the PDA with Templeton.

29.     For Part 25 Barbarich Drive to vest in council as reserve under the RA, the reserve must first be classified by way of a report to the Ōrākei Local Board and gazettal published in the NZ Gazette.  Upon classification gazettal, further gazettal action and Ministerial consent is required under section 15 RA to record the exchange. This is an unnecessary use of officer time and resources.

30.     Staff recommend that the Ōrākei Local Board support the proposal to substitute Tihi Street for Part 25 Barbarich Drive by way of a variation to the PDA and cease the section 15 RA exchange process.

Options available

31.     The following options are available to the council:

a)  Do nothing – retain the status quo with Part 25 Barbarich Drive vesting in the council under the existing terms of the PDA.

b)  Approve the release of Part 25 Barbarich Drive from vesting in the council as reserve under the PDA on condition that a pedestrian access strip is retained in accordance with Commissioners’ recommendations.

c)  Require Part 25 Barbarich Drive to vest in the council as reserve as per the PDA and investigate separate acquisition of the land at Tihi Street.

d)  (Recommended) Approve the:

i.   cessation of the proposed land exchange of Part 25 Barbarich Drive with 50 Tihi Street, Stonefields under the Reserves Act 1977; and

ii.  variation to the existing Private Development Agreement between Auckland City Council (now Auckland Council) and Templeton dated 20 May 2009 so that 19,425m² of land located at 50 Tihi Street in Stonefields (Lot 901 DP 478725) is transferred to Auckland Council in substitution for part 25 Barbarich Drive, Stonefields (2970m2) with no requirement to retain a strip for a pedestrian right of way.

32.     Option b) above can only occur with agreement from Templeton and, as noted in paragraphs 18 to 24 above, retention of the access way is not reasonably necessary.

33.     Option c) above would require the council to fund the acquisition of Tihi Street and approval of funding is not guaranteed.

34.     Option d) is recommended by staff as this provides the opportunity for Tihi Street land to be transferred to council at no capital cost.

Management by Tūpuna Maunga Authority

35.     If the transfer of Tihi Street is approved, Management of Tūpuna Maunga Authority would seek to include the property in the contiguous lands project and will recommend that the management of this land be transferred from Auckland Council to Tūpuna Maunga Authority.  This will allow for greater protection of the Tupuna Maunga and unified management along with the adjacent Maunga.

Tauākī whakaaweawe āhuarangi

Climate impact statement

36.     Te Tāruke-ā-Tāwhiri: Auckland’s Climate Action Plan sets out two core goals:

·   climate mitigation: to reduce greenhouse gas emissions (GHG) by 50 per cent by 2030 and achieve net zero emissions by 2050

·   climate adaptation: to be resilient and adapt to the impacts and effects of climate change by ensuring we plan for the projected changes.

37.     Vegetation on parks and open space can serve as temperature regulators through shade and evapotranspiration. Plants can also process and store carbon, helping to offset the accumulation of greenhouse gases in the atmosphere.

38.     The decision to have transferred to council the land at Tihi Street for open space (instead of Part 25 Barbarich Drive) is likely to have a positive impact on climate change as the site is much larger than Part 25 Barbarich Drive.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

39.     The proposed transfer to the council of Tihi Street in substitution for Part 25 Barbarich Drive was supported by Community Investment staff in 2020 as a high priority and is supported by Community Facilities and Parks, Sport and Recreation staff.

40.     There is limited recreational value in retaining Part 25 Barbarich Drive, which could only function as a passive reserve.  College Road and Ngahue Drive are both busy roads running along its boundaries which makes it less safe and less appealing for play, games and ball sports.

41.     Having the Tihi Street site transferred to the council will benefit the local community by:

·   ensuring public access to the existing walking path

·   protecting Stonefields cultural and natural heritage

·   enlarging and enhancing the reserve on Maungarei/Mount Wellington.

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

Local impacts and local board views

42.     On 19 November 2020 the Ōrākei Local board resolved as follows: [OR/2020/134]

a)      support in principle public notification as an initial step to provide an opportunity for the community and residents to provide their views, under section 15(2) of the Reserves Act 1977 of a possible exchange of part of the presently privately-owned land Lot 100 DP 529532, containing approximately 2,970m², corner College Road and Ngahue Drive, and at 25 Barbarich Drive,  Stonefields, with the privately-owned land Lot 901 DP 478725, containing approximately 19,425m2, at 50 Tihi Street, Stonefields, noting:

i)       Lot 100 is not presently Council-owned reserve land, but under an existing agreement this privately-owned land will vest in the Auckland Council under section 239 of the Resource Management Act 1991 as an unclassified recreation wszexdreserve upon deposit of a subdivision of this land with Land Information New Zealand.

         ii)       that part of the subdivided land will remain with the owner which will develop the land currently zoned Residential - Terrace Housing and Apartment Buildings under the Unitary Plan and the balance of the land in Barbarich Drive will be held by the Auckland Council as a non-service asset until decisions are made regarding its future use, noting that it was proposed to be developed as open space under the Stonefields Master Plan.

         iii)      Council staff have assessed this exchange to be a high priority against the Parks and Open Space Acquisition Policy (2013).

         iv)      the Board has received advice that 2,970m² of Lot 100 is not needed to meet the provision targets in the Open Space Provision Policy (2016) and is not a priority for retention.

         v)      if the land exchange were to proceed, the site at 50 Tihi Street, Stonefields could be administered by the Tūpuna Maunga o Tāmaki Makaurau Authority in accordance with the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014.

         vi)      that decision-making on this possible land exchange rests with the Auckland Council's Governing Body.

b)      express its strong desire that the informal walking path from Gollan Road to Tihi Street, which is needed to be maintained for students to travel safely to Stonefields School and as an extension to the Stonefields Heritage Trail, be formalised through the possible exchange either by transfer from the developer to the Council or other legal mechanism.

CARRIED

43.     Decisions to acquire land are made by the Parks, Arts, Community and Events Committee but it is noted the Ōrākei Local Board resolution OR/2020/134 set out in paragraph 42 above states that it understands that decision-making on this possible land exchange rests with the council's governing body.

44.     The public consultation process provided an opportunity for the local community to express their views on the proposal as recorded in the Commissioners’ report in Attachment A.

Tauākī whakaaweawe Māori

Māori impact statement

45.     Ngāi Tai ki Tamaki are the ancient iwi Mana Whenua of Tāmaki Makaurau and they have an intrinsic connection to Maungarei and its surrounding landscapes being within their heartland rohe -as adjoining land-owners due their Cultural Redress site at Homestead Drive.

46.     Iwi advised after reviewing the proposal that they confirm Ngāi Tai support this proposal. The substitution of land will provide improvement to connectivity and will ensure the preservation of the immediate Maungarei landscape and they have interest in engaging on the management/development of this space upon acquisition.

47.     If the transfer of 50 Tihi Street to council proceeds, the site could be administered by the Tūpuna Maunga o Tāmaki Makaurau Authority in accordance with the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014.

48.     Integrated management of the site as part of Maungarei would benefit open space outcomes. It would also reflect the significance of the land to mana whenua.

Ngā ritenga ā-pūtea

Financial implications

49.     Council and Templeton have obtained independent registered valuations to determine the market value of the land.

50.     Council’s valuation advice indicates that Part 25 Barbarich Drive has a higher market value than the Tihi Road land and so council should receive the difference in value, the proceeds of which are to be applied to the Council’s general account.

51.     Council’s Finance and Performance Manager has reviewed the proposal and approves the implications.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

52.     There is a financial risk that council and Templeton will not be able to reach an agreement on the value of the sites. This risk has been mitigated by obtaining independent valuations.  

53.     There is a risk that the delays in obtaining council committee approvals will result in a lost opportunity to have 50 Tihi Street transferred to council as part of this transaction due to contractual deadlines between Templeton and Fletcher. This risk can be mitigated by abandoning the section 15 RA reserve land exchange process.

54.     If the proposed transfer to council of Tihi Street does not proceed and the site remains in private ownership, current or future owners may withdraw existing informal public access to the existing path. This represents a low reputational risk to council as some members of the public may consider it to be part of the adjacent Stonefields Heritage Trail.

Ngā koringa ā-muri

Next steps

55.     The local board’s views on the proposed land exchange will be included in a report to the Parks, Arts, Community and Events Committee (PACE) on 9 September 2021.

56.     If approved by PACE Committee, Council and Templeton will enter into an agreement to vary the PDA.

57.     Further discussions with Council co-governance staff and iwi in relation to the possible management transfer to Tūpuna Maunga o Tāmaki Makaurau can occur post transfer of 50 Tihi Street.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

25 Barbarich Dr - Recommendation Decision

15

b

Barbarich Pedestrian routes

23

      

Ngā kaihaina

Signatories

Author

Katerina Marinkovich - Specialist Technical Statutory Advisor

Authoriser

Trina Thompson - Local Area Manager

 


Ōrākei Local Board

26 August 2021

 

 

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Ōrākei Local Board

26 August 2021

 

 

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