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ENVIRONMENTAL COMMITTEE
10 APRIL 1996
A meeting of the Environmental Committee
was held on Wednesday 10 April 1996 at 4.00 p.m.
PRESENT: Councillor Carole Evans (Chairman)
Councillors Oscar Alpers, Anna Crighton,
Newton Dodge, Pat Harrow, Lesley Keast,
Charles Manning and Barbara Stewart.
APOLOGIES: An apology was received and accepted from
the Mayor. Councillor Oscar Alpers arrived at 4.05 p.m. and was present for all clauses except clause 1.
The Committee reports that: PART A - MATTERS REQUIRING A COUNCIL DECISION
1. PLAN CHANGE 35 - REZONING RURAL H TO RR 2580 RESIDENTIAL G MAIN NORTH ROAD/DARROCH STREET,
BELFAST
Officer Responsible Author Environmental Services Manager A Hansbury Corporate Plan Output:
The purpose of this report is to recommend the Council's approval to make Plan Change 35 to the Waimairi Section of the Christchurch Transitional Plan operative from 3 May 1996. Plan Change 35 is a privately requested change which rezones approximately 5.2 ha of land from Rural H to Residential G. This will provide for approximately 42 residential allotments. The Change was heard by the hearings panel and the decision allowing the Change with an additional provision for a through road to Dickeys Road was approved by the Council. No appeals to the Council decision have been received. The Plan Change (attached) can now be made operative. Recommendation: That the Council adopt the following resolution: "The Christchurch City Council hereby resolves that pursuant to Clause 20 of the First Schedule of the Resource Management Act 1991, Plan Change 35 be made operative on 3 May 1996." 2. SUBDIVISION RESERVE CONTRIBUTION RR 2604
Officer Responsible Author Environmental Services Manager A C Iversen Corporate Plan Output: Subdivisions, Environmental Services Unit
The purpose of this report is to recommend a change to the Christchurch City Council policies relating to the imposition of reserve contribution on all forms of subdivision creating additional allotments. 1. INTRODUCTION
A recent Wellington Planning Tribunal decision has declared that because the cross lease and unit title subdivisions now create allotments (as defined by the Resource Management Act) the subdivision consents can include a requirement for reserve contribution. The contributions are subject to some strict interpretations and must be fair and reasonable. 2. PLANNING TRIBUNAL DECISION
Under the Resource Management Act, the cross lease and the unit title, both come within the definition of the term "subdivision of land" and both are deemed to create allotments. The Wellington Tribunal came to the conclusion that the cross lease and unit title were deliberately included in the Act as subdivisions of land. The Tribunal considered that all the relevant conditions of a consent should equally apply to all forms of subdivisions. While the Tribunal agreed reserve contribution can be applied, such assessments must be fair and reasonable. Where the allotment has already made a contribution, the local authority must take the previous payment into account when arriving at the new assessment. The contribution made for vacant allotments created on a recent subdivision, capable of having two units erected thereon, may have paid more contribution due to its higher value. The Tribunal also suggests that if the area is already adequately served with reserves, no further contribution should be levied. 3. COUNCIL INTERPRETATION AND APPLICATION OF THE
TRANSITIONARY LOCAL GOVERNMENT PROVISIONS
3.1 Previous Powers Although the whole of Part XX Local Government Act 1974 has been repealed, certain transitionary powers have been provided because none of the existing district plans contain the necessary Rules. The Staff are continuing to administer the imposition of reserve contribution in the same manner that applied before the Resource Management Act came into force. Each of the former Councils, pre-amalgamation, adopted similar interpretations of the powers to impose reserve contribution and those policies have been carried forward in the new City Council. 2 Cont'd All freehold subdivisions, creating additional allotments are required to make provision for reserves either vesting land or paying cash in lieu. The cross lease and unit title applications do not pay subdivisional type contributions, but depending on the numbers of household units being erected, or the value of business type buildings, may be required to pay a Development levy. Although the wording of the Sections 285 and 286 Local Government Act are discretionary, using the words "may require", all contributions levied are the maximum levels permitted under the Act. In special circumstances the Environmental Committee has agreed to a reduction or an exemption from the reserve contribution provisions. 3.2 Limitations on Contributions The transitionary powers only apply where additional allotments are being created. Land is generally required to be vested where the subdivision creates enough allotments to provide a reserve of at least 2000 m2. Otherwise cash in lieu is paid. The Local Government Act directs that where an allotment upon which a development is located was subdivided within the last five years, any reserve contribution made on that subdivision shall be taken into account when assessing a development levy. 4. PROPOSED DISTRICT PLAN RESERVE CONTRIBUTION POLICY
The Rules in the new Plan are based on the philosophy that when land is subdivided into additional allotments there will be more people occupying the land, usually on a much smaller plot of land. These people will look to the Council to provide recreation reserves and open space. The subdividers and developers are the people who create the opportunity by subdividing the land into smaller parcels or erecting the additional buildings for occupation. These are the people who cause the adverse effect, increasing requirement for open space for those new owners who occupy the sections or the buildings erected. Consequently the subdivider and developer should be the people who pay an appropriate sum of money to enable the Council to mitigate, avoid or remedy the situation by providing more open space. Where the sites are already occupied, held in some form of ownership, the proposed Plan allows for changes in the manner in which they are owned, without the payment of a reserve contribution. If the houses are already on the ground, occupied by people, the demand for open space occurred when they were erected, not when their form of ownership changes. 2 Cont'd The Resource Management Act stipulates that reserve contribution shall be imposed: "For purposes specified in the plan (including the purpose of ensuring positive effects on the environment to offset any adverse effect) which does not exceed in value the maximum amount specified in, or determined in accordance with, the plan." The words "the plan" mean an operative plan, not a proposed plan. The Council cannot use the proposed District Plan Rules, until such time as that Plan becomes operative. However while the transitionary powers being used, the Council should be guided in the application of those powers by the goals, objectives and policies of the proposed Plan. These goals, objectives and policies should reflect the present Council's thinking and therefore it is logical to apply them to the way the transitionary powers are implemented. 4.1 Policy: Contributions from Subdivision and Development Clause 14.1.3, in Volume 2 Proposed Plan states: "To require contributions towards the provision of public open space and recreation areas from subdivision and/or development for: (a) residential purposes to provide additional local and district parks; and
(b) business purposes to provide additional open space to enhance amenity values and meet the leisure requirements of workers in and visitors to business areas." 4.2 Explanations and Reasons The explanations in the Plan, fully explain why contributions are required. Summarised, these are: * Parks are an essential requirement
* Parks contribute to the quality of the environment
* Unless more parks are provided as the city grows, existing recreational facilities become overcrowded
* Development increases the actual or potential users.
* Each form of tenure pays an equal proportion of contribution
* Infill housing pays same level of contribution as full scale subdivision.
* Contributions come from the increased demand from new allotments or additional households. 5. APPLICATION OF REVISED POLICIES
Any new reserve contribution system must be capable of being easily understood by all developers and private owners. It must be a relatively simple procedure.
2 Cont'd The majority of applications for cross leases, are for two household units. Each unit has a footprint at ground level and usually is allocated some land. The new plan requires such sites to contain certain minimum areas, thus a proportion of value of the whole can be calculated. Contributions could be based on 7.5% for residential or 10% for business land uses, times the average values of the sites, times the number of additional allotments (sites) created. The multi-storeyed cross lease/unit title causes a problem. The subdivision reserve contribution is based on land values. In multi-storeyed apartments, some units will not have any land allocated to them. However all units are dependant upon some of the land either located at ground level or reliant upon the support from units below them. Every unit and accessory building will have a footprint or its equivalent. The value of the footprint's area can be determined. The contribution assessment is based on the average value of all the footprints or their equivalent, times 7.5% for residential or 10% for business land uses, times the number of additional allotments (units) created. 5.1 Credits for Recent Subdivision
The credit for an earlier subdivision given to a development assessment is limited to five years. It is recommended that this time limitation continue to apply. Where applicable, the amount paid on the earlier subdivision can be calculated and given as a credit when the cross lease/unit title assessment is made. 5.2 Credits for Payment of Development Levy Where an application for building consent is made and the Owner has not indicated the type of tenure to be adopted, an assessment shall be made for the payment of a Development levy. If that levy is paid at the time of uplifting the building consent, and the owner subsequently applies for subdivision consent, within five years of the date of receipt of the levy, the amount paid shall be a credit, taken into account when assessing the subdivision reserve contribution. 5.3 Exemption from payments The justification for taking any contribution is based on the additional demand new sections or household units place on existing reserves. Where houses or business premises already exist, the change in the way they are owned makes no additional demand on reserves. If existing cross leases/unit titles are changed to fee simple, the properties will increase their value, which in turn widens the rating base for the Council. 2 Cont'd 6. DATE OF IMPLEMENTATION This recommended change to charge reserve contribution will increase the costs of all units. Developers should be given a reasonable period of time to adjust to a new approach. Any application which has been given subdivision consent or has received a building consent, should not be subject to this proposal. It is recommended that the revised proposal apply to all applications received for a PIM (Project Information Memorandum) or new subdivision consents creating additional allotments after 1 July 1996. Recommendation: That commencing on 1 July 1996, the Christchurch City Council adopt the following reserve contribution provisions, to be levied on subdivisions and developments. All applications for subdivisions consent creating additional allotments shall make provision for reserve contribution in accordance with the transitionary powers given in Sections 285 and 286 Local Government Act 1974, subject to the following: (i) Where the underlying allotment on which a subdivision consent is sought, was created on a survey plan deposited within the previous five years, the reserve contribution paid on that earlier subdivision for the allotment may be taken into consideration when assessing the new contribution. (ii) Where a development levy has been paid within five years of making a subdivision application, the amount paid shall be a credit when assessing the subdivision reserve contribution. (iii) Where subdivision application is made, solely, to change the manner in which the property is owned, for example cross lease to fee simple, and the allotment(s) for which the subdivision consent is sought is/are already occupied by two or more residential household units or two or more commercial or industrial units, or where a subdivision or building consent was issued for any of the respective land uses, prior to 1 July 1996 and provided the respective land uses are not changed, no reserve contribution shall be payable. This exemption from the payment of reserve contribution, shall only apply where there is no increase in the number of units, that either existed on the property before the application is made or were proposed on a building or subdivision consent, obtained prior to 1 July 1996. 3. HONORARY DOG RANGERS RR 2611
Officer Responsible Author Community Manager, Linwood Shona Willis Corporate Plan Output: Elected Member Representation
The purpose of this report is to seek the Council's approval for the appointment of Honorary Dog Rangers in the Sumner area. The Sumner Residents' Association approached the Hagley/Ferrymead Community Board requesting that two of their residents be appointed as Honorary Dog Rangers. It was envisaged that these rangers would act in an educational manner rather than that of a regulatory role. The Supervisor, Dog Control Administration, reported to the March meeting of the Board with the following comments.
"Under Section 13 of the Dog Control and Hydatids Act 1982 there is provision for a territorial authority to appoint dog rangers, and for any person to be appointed as a dog ranger in an honorary capacity.
Since amalgamation (November 1989) no such honorary appointments have been made.
Any appointment should be on the basis of the appointee entering into a written agreement whereby the services of the honorary dog ranger would be clearly defined, and would include such matters as;
1. The boundaries within which the honorary dog ranger would be entitled to exercise his/her powers.
2. Their legal authority in terms of the Christchurch City Dog Control Bylaw 1992.
- It is considered that persons appointed as honorary rangers would be issued with an appropriately endorsed warrant.
It is considered that Honorary rangers should only be given authority to administer Clauses 6, 7, 10 and 11 (attached).
3. The level of training required to be undertaken in respect of the position.
- This would be provided by the Council through the Supervisor Dog Control Operations, Linwood.
4. A service level agreement.
It is not considered there would be any significant problem or objection to the appointment of dog rangers in an honorary capacity, subject to their compliance with the above terms and conditions.
3 Cont'd Although the letter from the Association fails to indicate their concerns or objectives in terms of dog control, their participation is seen as an innovative way of assisting the Council reduce complaints regarding wandering dogs in Sumner.
Because of the ongoing problems experienced with controlling dogs on the foreshore and beaches at Sumner it is proposed to outline an alternative scheme for control in these areas.
Both the Supervisor Dog Control Operations and Administration will attend the Board meeting to outline the scheme for controlling dogs on the beaches and to answer any questions members may have in respect of this report."
Recommendation: 1. To recommend to the Council that a pilot scheme providing for the appointment of honorary dog rangers in the Sumner area be introduced. 2. That Eric Johnson and John Vissar be awarded Honorary Dog Ranger status. 3. That a training session be arranged for all Honorary Rangers. 4. That an investigation as to the use of a portion of Sumner Beach for a dog park be presented to the April Board meeting along with the review of Council Dog Bylaws. Accordingly members are now requested to consider the introduction of a pilot scheme providing for the appointment of honorary dog rangers in the Sumner area.
PART B - ITEMS DEALT WITH BY THE COMMITTEE AND
REPORTED FOR INFORMATION ONLY
4. GLENMORE ESTATE The Committee heard from the Environmental Policy and Planning Manager on developments at Glenmore Estate since the March meeting. After negotiations between the developer, members of the public and Council staff the following compromises have been reached: 1. Three lots incorporating the homestead and some of its garden will be sold to another party. 2. Twenty three trees will be listed as Protected. 3. Should the sale of the house fall through Lot 10 will be retained in the form of a reserve contribution. The Environmental Services Manager noted the Committee's request that the Council actively promote good environmental practice where large pockets of land are being subdivided.
5. ENVIRONMENTAL COMMITTEE
PLANNED SEMINARS 1996 The Committee resolved that the following list of seminar dates and topics be confirmed:
Date of Seminar Time Topic
Monday 25 March 3.00-5.00 p.m. Heritage Buildings
Monday 22 April 3.00-5.00 p.m. Water Conservation Strategy
Options
Saturday 4 May 9.00 a.m.-12 noon Historic Places Tour
Monday 20 May 3.00-5.00 p.m. Water Conservation Strategy
Options
Friday 21 June 3.00-5.00 p.m. City Population Growth
Strategy Options
Monday 22 July 3.00-5.00 p.m. Non-Chemical Use by CCC
Strategy and Options
Monday 26 August 3.00-5.00 p.m. Resource Consents Notification
Procedures Video - Minister of
Environment
Monday 23 September 3.00-5.00 p.m. Air Pollution Regional Council
CCC Policy
Monday 21 October 3.00-5.00 p.m. Protection and Enhancement of
Natural Environment of
Christchurch including open
space acquisitions and
resource contributions.
Monday 25 November 3.00-5.00 p.m. Seminar to Plan for 1997
Strategy and to Review 1996
Progress
The meeting concluded at 5.00 p.m. CONSIDERED THIS 24TH DAY OF APRIL 1996
MAYOR