9. GROYNES RESERVE GRAZING LICENCE RR 8019

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1 9. GROYNES RESERVE GRAZING LICENCE RR 8019 Officer responsible Parks Manager Author Rod Whearty, Area Parks Officer Corporate Plan Output: Consents and Applications The purpose of this report is to submit an application from Mr Geoff Wells for a grazing licence over an area of land at the Groynes. BACKGROUND The current grazing licence proposal relates to two areas of the Groynes. One of these areas has been grazed under previous lease agreements, the most recent being terminated in May The Groynes Ranger advised that: None of the previous arrangements have been particularly satisfactory. The ability of the lessees to effectively graze the area using sufficient stock numbers to keep the areas tidy has been difficult. This together with the requirement to shift stock to cater for Pony Club events and the large numbers of people using the walkway which currently goes through the area and dog problems, resulted in the last lessee terminating his agreement. We have been unable to attract a satisfactory grazing lease since then and consequently the areas have become overgrown and untidy. The cost of adhering to Canterbury Regional Council requests to remove noxious weeds such as broom, gorse, blackberry has amounted to $11,600 since May 1995 and this problem is still not resolved. Both areas proposed to be licensed are north of the land currently leased by the Belfast Pony Club. For ease of definition Area 1 extends from the end of the pony club s leased area to Poplar Avenue. This is the point where the Waimairi walkway leaves the river and crosses over Mr Wells property to exit at Darroch Street. This is the area that has been grazed most recently and is occasionally used by the pony club for, large events. The area still contains isolated patches of gorse, blackberry and willows. Area 2 extends from Poplar Avenue northwards following the river to a point near Dickeys Road where the Belfast sewage ponds are located. Area 2 is densely overgrown with broom, gorse, blackberry and clematis vitalba (Old Man s Beard). The area has caused a number of problems in the past due to its concealed and uninviting nature. Two plots of cannabis were uncovered in recent months, both of which had intricate watering systems, netting and traps. The Police have indicated the area will continue to attract an undesirable element whilst it is in its present state.

2 PROPOSAL The current grazing proposal put to the Parks Unit comes from Mr Geoff Wells who is the adjacent land owner. Mr Wells has run a dairy farming operation on his land since In return for an acceptable grazing licence Mr Wells proposes to undertake the following improvements to the areas: 1. Re-alignment of some stock fences adjacent to the walkway whilst retaining the existing boundary fence for future reference. 2. Removal of noxious weeds and dead trees. 3. Minor levelling and improving existing irrigation channels. 4. Cultivating and re-grassing Area 1. Assisting with development of Area 2 by fencing along the proposed walkway extension, grazing out the area and controlling weeds. 5. Assistance with re-aligning the Waimairi Walkway to follow the south branch of the Waimakariri River through Area 2. Mr Wells has advised that for the proposal to be a commercially viable proposition he would need to have a minimum licence of five years. After that period the agreement would need to be renegotiated and any extensions could be on annual basis. Mr Wells indicated he would develop the areas in two stages if his proposal was accepted. Stage One - This would involve fencing to control stock and walkway realignment, grazing and pasture restoration of the area immediately north of the pony club s leased area to Poplar Avenue. Stage Two - Poplar Avenue to Belfast sewage ponds. This is the area that has attracted undesirable activities and is heavily overgrown with gorse, broom and blackberry. This project would involve fencing, grazing to knock down the weeds plus assistance with the extension of the Waimairi walkway to follow the south branch and return via effluent ponds and new reserve (Darroch Street Residential Subdivision) to Waimairi Walkway through Mr Wells property to the Groynes.

3 Some consultation with the Waste Management Unit would be required. However, the unit indicated in an October 1996 Concept Plan, recommendations to extend the Belfast Treatment Plant to form waste water wetland areas to cater for future extensions. The concept proposal would involve exchange of land between the Parks Unit, Wells Bros and the Waste Services Unit. However, regardless of what proposals the Water Services Unit opt for they have indicated that they would not require any further land for 10 years and are currently investigating the option of pumping effluent to the Bromley Treatment Plant. The increasing population of Belfast, both present and future development around the periphery of the Groynes will place further pressure on the usage of the Groynes, particularly on the northern undeveloped area. As an interim measure until stage 2 details are finalised the Waimairi Walkway would continue to follow Poplar Tree Avenue through Mr Wells property. CURRENT USE AND MAINTENANCE The Belfast Pony Club has made use of Area 1 from time to time to cater for days when they have large club events. They have always been aware that this is outside their leased area and use of this area and the construction of jumps and obstacles was on a temporary basis. Mr Wells indicated that provided he was given at least one month s notice then continued use of this area by the club from time to time could be accommodated within his operation. The other predominant use is by casual walkers and joggers and that use would not be compromised as the proposal provides for the continuation of the walkway. The Waimairi Walkway has gone through the Wells property since it was developed back in However, this part of the walkway may need to be reviewed in the future as Mr Wells has expressed some concerns regarding his public liability obligations in relation to the Occupational Health and Safety Act, particularly as some walkers do not always confine themselves to the designated walkway. Mr Wells is conscious of a recent landmark case involving a farmer in the North Island which has received a lot of publicity. With the future development of Area 2 and the realignment of the walkway to follow the stream to the sewage ponds and new reserve the need to cross Mr Wells property will be negated. Since the previous lessee withdrew there has been a continued cost to the Parks Unit to maintain the areas and, as indicated previously, the management and control of undesirable weeds is still a major issue. The Groynes Ranger has estimated that a cost to develop this area could be up to $25,000 if the Parks Unit was to undertake the work.

4 LAND TENURE The areas in question comprises a number of different titles held under various deeds and statutes. Where appropriate the consent of the Canterbury Regional Council as landlord will need to be obtained. In some cases portions of the site are held under the Reserves Act and the intention to issue a licence over these sections of land will need to be publicly notified. Section 74 of the Reserves Act gives the Council the ability to issue grazing licences over sections of reserve for management purposes. The relevant section of the Act states: Where, in the opinion of the Minister or, as the case may be, the administering body or the Commissioner, it is necessary or desirable for the management of the reserve for the purpose for which it is classified, licences to occupy any recreation, historic, scenic, scientific, Government purpose, or local purpose reserve, or any part of any such reserve, may be granted for the following purposes: (a) Grazing, gardening, or other similar purposes: SUMMARY Allowing grazing on these areas is not a new activity but it will allow cost effective maintenance of these areas prior to a recreational concept plan being developed. Grazing by the adjacent landowner will not compromise any of the existing uses and it is anticipated that the current proposal will be a more satisfactory arrangement than previous lease agreements with lessees that did not have a close association with the site. Another advantage to the Parks Unit is that after five years if the agreement was to be terminated we would have an area that was already well on the way to being developed for future recreational activities at minimal cost to the unit. The remuneration in return for grazing rights needs to be considered in line with the improvements Mr Wells will carry out on the land and these issues are still to be worked through between the parties. The licence agreement would be to the mutual satisfaction of all three interested parties namely the Parks Unit, Canterbury Regional Council and Mr Wells. The licence agreement would be subject to all the usual clauses pertaining to public safety, each party s obligations and the environmental protection of the reserve. The Parks Unit recommends that Mr Wells be granted a grazing licence for the areas in question under terms and conditions mutually agreeable to all parties.

5 Recommendation: That pursuant to the provisions of the Local Government Act 1974 and to the Reserves Act 1977 Mr Geoff Wells be granted a grazing licence for the areas of the Groynes shown as stages 1 and 2 on the attached plan subject to the following conditions: 1. The licence being publicly notified in terms of the Reserves Act 1977 as it relates to the land held as recreation reserve. 2. The Property Unit preparing a licence under terms and conditions mutually agreeable to Mr Wells, the Parks Unit and the Canterbury Regional Council. 3. The licence term being for a period of five years. 4. Existing boundary fences being retained for consideration in regard to future conceptual development plans. 5. Mr Wells being responsible for the fencing necessary to contain his stock, weed control and improvements as outlined in his proposal. 6. Mr Wells being responsible for the cost of publicly notifying the proposal and preparation of the licence. 7. Permission to lapse if the proposal does not proceed within two years of approval being granted. Chairman s Recommendation: That the above recommendation be adopted subject to the licence being granted for a two year term with one right of renewal for a further two years.