Tag Archives: Private property rights

Meanwhile . . . . #SouthDunedin

Received from Douglas Field
Tue, 20 Sep 2016 at 1:06 p.m.

cull-barks

Press Release: Greater South Dunedin Community Group

MEDIA RELEASE
18 September 2016

South Dunedin to grill election candidates this week

South Dunedin has emerged as a significant issue in the upcoming local body elections and as a result two candidate forums for councillors and mayoral candidates have been organised this week by the Greater South Dunedin Community Group, acting chair of the Greater South Dunedin Community Group Philip Gilchrist said today.

The forum meetings will hosted in the Mayfair Theatre on Tuesday 20th and Wednesday 21 September from 6.30pm – 9pm in order to provide all candidates with an opportunity to provide their views on the challenges and opportunities for this important part of the city.

An electronic survey sent out to the candidates before the forums has drawn responses from 34 of the 44 candidates standing for the Dunedin City Council. We believe the large number of responses is a recognition that issues concerning the future of South Dunedin are high on their list of priorities.

At the forums, candidates will be asked a question and then given two minutes to respond, and there will also be about 90 minutes when questions can be asked of the candidates from the floor. Previous meetings that our group has hosted have prompted vigorous and relevant questioning from the public and it is expected that this meeting will provide the similar level of interaction as the people of South Dunedin are now, at last, having their voices heard. The June 2015 flood has certainly brought South Dunedin to New Zealand’s attention.

We are pleased to be hosting the event in the magnificent Mayfair Theatre, which is the significant Heritage Building in South Dunedin, Mr Gilchrist said.

█ We attach a link to the survey responses:
The results are un-edited and can be downloaded or read online.
https://www.dropbox.com/sh/5xylrw1b16ciaet/AACcsRBhqCw1XpJRqVecerGHa?dl=0

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

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DCC: 2GP – Notification Pre-Approval #secondgenerationdistrictplan

Tabled at the Dunedin City Council meeting on 29 June 2015:

Report – Council – 29/06/2015 (PDF, 129.2 KB)
2GP – Notification Pre-Approval

Content:

Council
29 June 2015

2GP – NOTIFICATION PRE-APPROVAL
Department: City Development

EXECUTIVE SUMMARY

1. This report seeks approval in principle to notify the second generation District Plan (2GP), ahead of the formal decision to notify the 2GP to be considered by the Council meeting scheduled for 21 September 2015.

2. The approval in principle is being sought to enable rates inserts informing ratepayers of the 2GP’s notification, to be printed and included in the first instalment of rates mail-outs scheduled for 31st July 2015. The details of the 2GP will not be released until Council approves notification of the 2GP.

3. Using the rates mail-outs to meet the requirements for public notice as set out in the First Schedule to the Resource Management Act 1991 (RMA), provides a significant cost saving to Council compared with separately sending letters to all ratepayers.

4. The decision to approve notification of the 2GP is primarily a procedural decision to allow the next stage of the Plan’s development to occur, which includes submissions and hearings. It should be based on councillors’ satisfaction that the plan has been developed to date in accordance with section 32 of the RMA.

RECOMMENDATIONS

That Council:
a) Approves the inclusion of rates inserts informing ratepayers of the 2GP’s notification, scheduled for 26 September, based on a programmed date for a formal decision to notify to be considered by the Council meeting scheduled for 21 September 2015. This approval constitutes an approval in principle to notify the second generation District Plan.

BACKGROUND

5. The Dunedin City District Plan was initially notified on 24 July 1995, and revised and re-released on 19 July 1999, and became operative on 3 July 2006. The RMA requires district plans to be reviewed every 10 years. While some parts of the plan have been subject to rolling reviews and changes or were added later as new sections, this is the first full review of the district plan since the RMA. Hence, it is called the second generation district plan or 2GP for short. Relevant previous reports to Council on the 2GP include:

● 8 February 2012 – Planning and Environment Committee – Approval of the initiation of a District Plan review and preparation and notification of subsequent changes to the District Plan to develop a second generation District Plan.
● 4 September 2012 –Planning and Environment Committee -Noting the proposal for 2GP Issues and Options consultation and the information provided with regard to the role of councillors in that process.
● 23 April 2013 – Planning and Environment Committee:
a. Noting completion of the Issues and Options phase of the 2GP and updated programme for the preparation of the 2GP;
b. Approval of the programme, process and more detailed principles for Councillor involvement in the 2GP; and
c. Endorsing the recommendation regarding members of a technical advisory group for the 2GP.
2GP Notification Pre-Approval 1
● 24 July 2014 – Planning and Regulatory Committee – Noting the 2GP programme update.

DISCUSSION

6. The 2GP will be ready to enter its next phase of development – submissions and hearings after September. This phase is focused on providing the public with the opportunity to make formal submissions on the proposed plan (including the opportunity to make submissions on other people’s submissions). Submissions are summarised by staff and considered at hearings (where people can chose to speak to their submission), along with planners’ recommendations on the submissions. Decisions are then made on the submissions by the Hearings Committee.

7. This submissions and hearings phase is a formal consultation phase that follows from the significant community engagement that has taken place as part of the Plan’s development through the Issues and Options and Preferred Options phases, and earlier through the Spatial Plan.

8. The legal requirements for public notification of a proposed District Plan are set out in Schedule 1 to the RMA.

9. Pursuant to Clause 5 of Schedule 1 to the RMA, not earlier than 60 working days before public notification or later than 10 working days after public notification, all ratepayers must be sent a public notice which details where the 2GP can inspected and how submissions can be made. This could be achieved by mailing letters to ratepayers, or including a rates insert with rate demands.

10. Public notice mail-outs are only one of the legal requirements for public notification in Schedule 1. In addition to the legal requirements for public notice, a broad communication strategy is being developed with the Marketing and Communications team that will use different types of media and a ‘shop front’ to inform people of the Plan and help them understand how to make submissions. Submissions under the RMA are required to be in a prescribed form, which is set out in the RMA (Form 5).

11. The next date for the rates notices mail-outs commences on 31 July 2015, with the printed rates inserts needing to be printed and sent to Christchurch by 23 July 2015. Further mail-outs for the same rating period follow on 7th and 21st August 2015.

12. Including the public notification of the 2GP with rates mail-outs will save approximately $40,000 compared to a separate mail-out.

OPTIONS

13. If approval in principle is not given at this point the options are:
a. Option A: Waiting until after the September meeting and (presuming the decision is to notify and aligning the public notice to the next available rates mail-out timetable. This would mean a notification date of mid-November, which due to Christmas, would not only delay the process significantly but create a much less convenient submission period for the public. It would also mean hearings are very unlikely to be completed prior to the local body elections, which is likely to create cost and logistical problems, as well as inconvenience submitters and delay the Plan becoming operative.
b. Option B: Undertaking a separate mail-out immediately after the 26th of September (presuming the decision is to notify), which would require approximately $40,000 in additional budget for the 2GP.
c. Option C: Delaying the decision to notify until after September which would have the disadvantages of Option A and potentially also Option B, depending on the revised timing.

NEXT STEPS

14. Prepare the public notification information for the rates insert, and mail-out to ratepayers.

15. Request approval of notification of the 2GP at the Council meeting scheduled for 21 September 2015.

Signatories
Author/s: Dr Anna Johnson, City Development Manager

Authoriser/s: Nicola Pinfold, Group Manager Community and Planning; Simon Pickford, General Manager Services and Development

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government
This decision relates to providing a regulatory function and it is considered good-quality and cost-effective.

Fit with strategic framework
[Contributes / Detracts / Not applicable]

Social Wellbeing Strategy [Contributes]
Economic Development Strategy [Contributes]
Environment Strategy [Contributes]
Arts and Culture Strategy [Contributes]
3 Waters Strategy [Contributes]
Spatial Plan [Contributes]
Integrated Transport Strategy [Contributes]
Parks and Recreation Strategy [Contributes]
Other strategic projects/policies/plans [Contributes]
The District Plan manages land use activities throughout Dunedin, and is Council’s principal policy document for enabling land use development envisaged by the various strategies of Council.

Māori Impact Statement
In accordance with Clause 3 of the First Schedule to the RMA, tangata whenua of the area who may be affected have been consulted with.

Sustainability
Sustainable management is a fundamental principle of the RMA, and the 2GP is being developed in accordance with this principle.

LTP/Annual Plan / Financial Strategy
There are no implications.

Financial considerations
If notification of the 2GP cannot be aligned with rates notices mail-outs, this will add approximately $40,000 in notification costs.

Significance
The decision to approve notification of the 2GP is primarily a procedural decision to allow the next stage of the Plan’s development to occur, which includes submissions and hearings. It should be based on councillors consideration that the plan has been developed to date in accordance with section 32 of the RMA.

Engagement – internal
No but consultation with internal departments on the 2GP has been significant and is ongoing.

Engagement – external
No but there has been significant consultation as part of the development of the 2GP, starting from initial consultation on RMA-related issues through the ‘Your City, Our Future’ and Spatial Plan consultation; continuing through the ‘Issues and Options’, ‘Preferred Options’ phases, including a separate process for natural hazards provisions consultation. Consultation with key stakeholders through reference groups and individual discussion has been on-going. Specific consultation with individuals with more significant proposed changes in planning provisions has also occurred.

Risks: Legal / Health and Safety / Conflict of Interest etc.
There are no legal, health and safety, or conflict of interest risks associated with making this decision.

Community Boards
The Community Boards have been consulted with as the 2GP has developed, and will be given briefings ahead of public notification.

[ends]

Posted by Elizabeth Kerr

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41 Wharf Street —DCC ends debacle

Fear not! More costly settlement is due.
There’s the perplexing State Highway 88 Realignment Project for Council to conclude with affected parties damaged by foul-play planning activity, and the new round of ‘proper’ designation! This will make Mr Barnett’s cheque seem like a 4% discount fuel voucher ripped from a mile-long supermarket receipt for your best ever, most hair-raising Christmas shop!

### ODT Online Tue, 27 Aug 2013
Apology, payout to developer
By Debbie Porteous
Dunedin developer Tim Barnett has received a public apology and a $200,000 payout following a lengthy battle to recover his costs after the Dunedin City Council restricted his ability to develop his harbourside property. The property, at 41 Wharf St, has since been sold to developers who are hoping to build a 27-storey hotel on it.

41 Wharf Street, Dunedin 1 (DCC WebMap)41 Wharf Street, Dunedin [DCC WebMap]

DCC chief executive Paul Orders yesterday apologised to Mr Barnett, of Arthur Barnett Properties, for the inconvenience caused by the council’s decision-making since 2008. The formal apology, issued by Mr Orders yesterday, read:

”Council apologises for the inconvenience, and also thanks Mr Barnett for working with council in good faith as the parties explored options over some years. Mr Barnett has a long history of commitment to the city of Dunedin. Council trusts that the good working relationship that has developed between Mr Barnett and the council over the years will continue.”

The $200,000 covers Mr Barnett’s out-of-pocket costs (just under $118,000), the interest on his costs ($41,000) and a contribution to his legal fees during his lengthy attempt to first remove the restrictions on developing the site and then recover from the council the cost of those restrictions.
Read more

For more on 41 Wharf Street, enter *hotel* in the search box at right.

Posted by Elizabeth Kerr

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