LEASE TO OCCUPY COUNCIL ADMINISTERED LAND AT REIKORANGI DOMAIN, GOLD COAST WESTERN RIDING CLUB

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1 Chairperson and Committee Members ENVIRONMENT AND COMMUNITY DEVELOPMENT COMMITTEE 16 JUNE 2016 Meeting Status: Public Purpose of Report: For Decision LEASE TO OCCUPY COUNCIL ADMINISTERED LAND AT REIKORANGI DOMAIN, GOLD COAST WESTERN RIDING CLUB PURPOSE OF REPORT 1 This report seeks approval to enter into a new lease agreement with the Gold Coast Western Riding Club (GCWRC) on Council administered land at Reikorangi Domain, Reikorangi. DELEGATION 2 The Environment and Community Development Committee (ECD) has delegated authority to make a decision on this matter under Part B, Paragraph 7.3 of the Kāpiti Coast District Council Governance Structure and Delegations Triennium: Authority to exercise the functions, powers and duties of the Council under the Reserves Act 1977 including those delegated from the Minister of Conservation, or any other statute, regulation or bylaw relating to the management and control, maintenance and operation of parks and reserves, except as delegated to Community Boards or officers. This authority encompasses the power to: grant leases for reserve land BACKGROUND 3 The agreement would be for part of the land area known as Reikorangi Domain and more particularly shown as the hatched area in Appendix 1 and being part of the land comprised and described in SECS 5, 5A and 5B BLK X KAITAWA SD. 4 The land is owned by the Department of Conservation (DOC) and administered by Kāpiti Coast District Council under Section 28 of the Reserves Act 1977 (the Act). Under the Act the land described is classified Local Purpose Reserve (Community Use). 5 The GCWRC Lease expired on 31 December 2014 after a five year term. 6 The GCWRC has advised the Council they would like a new lease to replace the expired lease for a further 10 year term commencing 01 January 2015, with two 10 year rights of renewal. Rent would be set in accordance with charges set out in the Long Term Plan and the current policy on Reserve Land Rentals shown in Appendix 2. Annual rent is $407 per annum and is reviewed annually. Page 1 of 11

2 ISSUES AND OPTIONS Issues 7 There are limitations on activities that are permitted on this site subject to the Reserves Act (1977). The activities proposed are consistent with the Act s land classification which is designated Local Purpose Reserve. It is proposed the lease activity will continue to provide a space solely for the purposes associated with the GCWRC. 8 The lease was previously administered by DOC. However when the GCWRC applied for a renewal of lease to DOC. They contacted Council to ask if we would take over administration of this lease as we already had an appointment to administer the land, which was agreed to by the then Leisure and Open Space Asset Manager. This was the only lease which had this arrangement; all other leases in this situation are also administered by Council. 9 A resident in the Reikorangi Valley had raised concerns around the use of the land by GCWRC. The resident was encouraged to send through their concerns in writing in order for Council to consider at the time the lease came up for renewal. The resident s concerns and supporting information, (including support from other local residents) was received 11 January 2016, and is contained in Appendix The resident s main concerns relate to infrequent usage of the area by the current lessee (GCWRC), sub-leasing by the neighbour and the perceived barrier to community use of this area by local residents. 11 Following receipt of these concerns, Council officers organised an on-site meeting with representatives of the GCWRC. The GCWRC representatives informed officers of the club s events, typical usage and maintenance which take place on the land. It was also clarified by the club that the neighbour managed the grazing on behalf of the Club, not as a sub-lease arrangement. Following this meeting, officers were satisfied with the club s use of the area. 12 GCWRC provided the following information regarding access to the land and arena by locals: Locals are more than welcome to use the facility provided they pay an appropriate fee and abide by the club s rules (e.g. no jumping as it damages the arena surface, clean up horse manure etc). 13 Officers understand there are two options where non-full Club members may use the space as much as they like: Affiliated club members pay less than $50 per year and may use the arena providing they contribute towards the running of the club i.e. at club events, maintaining the arena and land etc. Casual users pay $50 per month to use the arena. 14 It is further noted that the GCWRC paid for the installation of the facilities and are responsible for all maintenance costs. The revenue charges described above offset these costs. Page 2 of 11

3 15 In this officer s opinion, both options for local and occasional users are reasonable to use the Club s arena: one gives an option without any obligations to the club, the other provides a much reduced cost option which only requires a person to provide some of their time as a contribution towards running the club. 16 Information has since been forwarded to the resident s representative outlining the Council s discussions with the Club and current understanding of the situation. The representative was also invited to attend any meeting to present their concerns during public speaking. Officers have not heard from the resident following the provision of this invitation. 17 Council officers are satisfied that GCWRC s representations are reasonable and therefore officers support the recommendation for a new lease. CONSIDERATIONS Policy considerations 18 There are no policy issues arising from this decision. Legal considerations 19 Section 61 of the Act authorises Council as the administering body to enter into a lease for local purposes reserves. 20 New lease documentation will be drafted and will be reviewed by the Council s legal advisor before being presented to the GCWRC for signing. Financial considerations 21 The lease will include annual rental to be paid at the appropriate rate set annually by the Council in either the Long Term Plan or Annual Plan. Costs associated with a new lease are required to be covered by the Lessee. Tāngata whenua considerations 22 There are no known issues for consideration relating to iwi or the Treaty of Waitangi. SIGNIFICANCE AND ENGAGEMENT Degree of significance 23 This matter has a low level of significance under Council policy. Consultation already undertaken 24 As this is a renewal of an existing occupation since 2005 neither Community Boards, community or other agencies have been further consulted in this matter. Engagement planning 25 An engagement plan is not needed to implement this decision. Page 3 of 11

4 Publicity 26 No public notification is required as this concession is being treated as a reissue of permit under the Reserves Act RECOMMENDATIONS 27 That the Environment and Community Development Committee authorises the Chief Executive to enter into a lease agreement for 10 years with two further 10 year rights of renewal, commencing 01 August 2015 with the Gold Coast Western Riding Club, for the land at Reikorangi Domain shown in Appendix 2 to report CS at an annual rental set by the Council in the Long Term Plan or Annual Plan. Report prepared by Approved for submission Approved for submission Alison Law Stephen McArthur Crispin Mylne Parks & Recreation Manager Group Manager Strategy and Planning Acting Group Manager Community Services ATTACHMENTS Appendix 1: Plan of land area proposed for lease at Reikorangi Domain Appendix 2: Reserve Land Rentals 2015/16 Appendix 3: Resident concerns Page 4 of 11

5 Appendix 1 - Gold Coast Western Riding Club Lease Area Page 5 of 11

6 Appendix 2 - Reserve Land Rentals 2015/16 Reserve Land Rentals 2015/16 Clubs with alcohol licences $812 Clubs without alcohol licences $407 Craft, hobbies and other activities $326 Educational (standard) $197 Youth and service $197 Page 6 of 11

7 Appendix 3 - Resident Concerns Page 7 of 11

8 Page 8 of 11 CS

9 Page 9 of 11 CS

10 Page 10 of 11 CS

11 Page 11 of 11 CS

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