96

To: Council T a u r a n g a Oty

From: Group Manager: Business Services

Meeting Date: 20 April 2010

Report No: DC 87

Title of Report: PROPOSED SALE OF LOCAL PURPOSE (ACCESSWAY) RESERVE (ADJOINING 34 TE OTINGA PLACE)

Purpose of Report: Decision

Significance of Decision: Not Significant

Report Writer(s): Dick Ashton, Strategic Property Consultant

Summary

In November 2009 Council noted its intention (pending revocation of the reserve reservation) to dispose of 108m2 of land to an adjoining owner. This report now recommends this disposal having gained the required preliminary consent of the Minister of Conservation.

TCC Ref; 3040199

97

Recommendation

That it be Resolved

(a) That the Group Manager: Business Services' Report (DC 87) be received.

(b) That Council approve the disposal of 108m2 of land described as Lot 201 DP 350989 ( previously established as an accessway reserve) and its amalgamation with the adjoining residential allotment situated at 34 Te Otinga Place - described as Lot 47 DP 350989 On Certificate of Title 209157(South Auckland Registry) - on the following terms and conditions: That the purchaser;

(i) undertakes to remove the existing boundary fence separating the land from the adjoining land, and

(ii) uplifts and disposes of all the concrete (in situ) that forms the disused accessway.

(c) That all works be carried out by the purchaser within two years of the date of possession, in accordance with any or applicable statutes, by-laws, regulations or restrictions and at the purchasers sole cost. Council will attend to all legal matters in connection with the transfer of the land from Council to the purchaser and with the consequential amalgamation of the land with the adjoining land.

(d) Other

1. Background

When land at Te Otinga Place was developed, access to adjoining land was provided by creating an area of Local Purpose (Accessway) Reserve (refer Attachments 1) to link the rear land to Te Otinga Place.

Subsequently the owners of land at the rear of the Accessway Reserve applied for a Resource Consent to subdivide their land and as there was no structure plan requirement to provide a connection to this accessway (from Te Otinga Place to Mertot Dnve), no connection eventuated.

Land at Mertot Place is now a developed residential allotment and the accessway ultimately served no purpose. At a meeting on 24 November 2009 Council resolved the following:

That it be Resolved (a) That the Group Manager: Business Sen/ices Report (DC 359) be

received. (b) That Council, pursuant to Section 24(1 )(b) of the Resen/es Act 1977,

considers the resen/ation of the whole of the Local Purpose (Accessway) Resen/e, being Lot 201 DP 350989, comprising 108 m , contained in Certificate of Title 256600, as a resen/e, should be revoked.

(c) That Council, pursuant to Section 24(1)(b) ofthe Reserves Act 1977, requests the Minister of Conservation's consent to the revocation of the resen/ation of the Resen/e as a resen/e.

98

CARRIED

Revocation of the reserve status has now been obtained and the preschbed notice place in the Gazette (Attachment 2).

This report and recommendation follows on from that resolution of Council and decision by the Minister.

It should be noted that Council now holds consents from all other affected parties that adjoin the Accessway Reserve - not only agreeing to the disposal of the accessway to the owner of 34 Te Otinga Place but also confirming that they have no desire to acquire the land themselves on any terms and conditions (Attachment 3). There are no other sensible alternative disposal options.

Issues and Options

1 Issue

1 Sale of land previously an 1 accessway reserve.

Options

Option A : Sale the land as proposed.

Option B : Retain the land.

Implications (must include financial impact

of each option)

Land is surplus to Council's requirements and would otherwise be difficult to dispose of.

The cost to Council will be $2380 which includes lega 1 costs and registration agent's 1 fees. 1

Ongoing maintenance and 1 control over an accessway 1 that provides no public 1 access to anywhere. 1

3. Decision-Making Considerations

3.1 Signi f icance of Decis ion, Issue and Matters The Local Government Act 2002 requires a formal assessment of the significance of matters and decisions in this report against Council's Significance Policy. In making this formal assessment Council is not seeking to assess the importance placed on this issue by specific individuals, groups, or agencies within the community. Council acknowledges that all reports have a high degree of importance to individuals, groups, or agencies affected by the report.

The matters in this report have been assessed against the Significance Policy. In accordance with the general approach, chteha and thresholds of the policy, the author of this report considers that the:

• decision /issue/matter on disposing of this land is not significant.

This conclusion is based on the following factors:

99

Decision/Issue/Matter

o Sale of land previously an accessway reserve.

Significant / Not Significant

Not Significant

Reason 1

o Does not meet the criteha 1 and thresholds of the 1 Significance Policy. 1

3.2 Relat ionship Impl icat ions: Neighbouhng property owners have been consulted and consent obtained as to disposal proposed.

3.3 2009-19 Ten Year Plan / Annual Plan

Not directly applicable.

3.4 Cons is tency w i th Current Strategies & Plans

The decision being sought is consistent with the disposing of council land deemed to be surplus to Council requirements.

4. Legal and Regulatory Issues

Revocation of the Reserve as a reserve has been consented to and approved by the Minister of Conservation under section 24(1 )(b) ofthe Reserves Act 1977.

Malcolm Gibe Group Manager: Business Services

3 March 2010

Attachments: 1. Property Location Map http://file.tauranqa.qovtnz/3011951

2. Gazette Notice of Reserve Revocation http://file.tauranqa.qovt.nz/3011952

3. Consent from Adjoining Landowner http://file.tauranqa.qovt.nz/2551495

4. Consent from adjoining Landowner http://file.tauranqa.qovt.nz/2597439

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Proof for Supplement, 23/12/2009, Notice: lnl0454

Revocation o f the Reservation Over a Reserve

Pursuant to the Reserves Act 1977, the Acting Conservation Support Manager for the East Coast Bay of Plenty Conservancy of the Department of Conservation revokes the reservation as a local purpose (access way) reserve over the land described in the Schedule and declares that the land may be disposed of by the Tauranga City Council on such terms and conditions as the council determines.

South Auckland Land District—Tauranga District Schedule

Area „ • »• 2 Description m 108 Lot 201 DP 350989 (all certificate of title

256600). Dated at Rotorua this 1 Sth day of December 2009. HELEN ELIZABETH NEALE. (DOC PAD-04-06-02)

103 ATTACHMENT 2

104 ATTACHMENT 3

29'^ June 2009.

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'^~-ll..^:Liy}!,--. i Tauranga City Council Private Bag 12022 Tauranga

Attention: Dick Ashton

PROPOSED CLOSURE OF ACCESS WAY TO TE OTINGA PLACE, TAURANGA.

As the iand owners of 73 Te Otinga Place, we write to confirm our advice that we have no objection to Tauranga City Council stopping & closing the public walkway/access way that adjoins our allotment and then arranging for this land to be subsequently amalgamated with the nearby property situated at 34 Te Otinga Place.

Yours faithfully,

Paul & Salena Kilsby

TCC Ref; 2551495

DataWorks Document Number. 3151664

" v l 105

ATTACHMENT 4

29'^ June 2009

Tauranga City Council Private Bag 12022 Tauranga

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Attention; Dick Ashton

PROPOSED CLOSURE OF ACCESS WAY TO TE OTINGA PLACE, TAURANGA.

As the land owners of 39 Merlot Drive, we write to confirm our advice that we have no objection to Tauranga City Council stopping & closing the public walkway/access way that adjoins our allotment and then arranging for this land to be subsequently amalgamated with the nearby property situated at 34 Te Otinga Place.

Yours faithfully,

r"7

Myles Price

DataWorks Documeni Number: 3196433