WALLS BAY. Esplanade Reserve 2012 DRAFT Management Plan. Following Community Board 18 April 2012 and after seeking views of Ngati Manu

Transcription

1 WALLS BAY Esplanade Reserve 2012 DRAFT Management Plan Following Community Board 18 April 2012 and after seeking views of Ngati Manu Available for the public for comment from 18th July until 21st September 2012 Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 1 of 47

2 Contents: 1. Vision 3 2. Purpose of the Management Plan 3 3. Introduction and Background details: 3 (a) Location: 3 (b) Legal Description 4 (c) Access 4 (d) Acquisition/History 5 4. Statutory requirements 5 (a) Local Government Acts 1974 and (b) Reserves Act (c) Resource Management Act (d) Other Relevant considerations 7 6. Previous Public Consultation: 8 7. Iwi and Management Planning 8 8. Public Consultation and Plan process 9 8. Public Consultation and Plan process Objectives and Policies 11 (a) Landscape values: 11 (b) Recreation and Use policies 13 c) Community Involvement 14 (d) Administration Continual Review 15 Appendix 1 Certificate of Title 16 Appendix 2 RMA - Consent order dated 31/ Appendix 3 RA Commissioner s report on hearing 22/12/05 25 Appendix 4 RA - Council resolution 9/03/06 on easement request 40 Appendix 5 1 April 2011 letter from CEO to Mr Douglas Schmuck 43 Appendix 6 Original consent for slipway to cross legal road 45 Appendix 7 - Beautification Restoration plan 46 Appendix 8 - Recent Survey of site 47 Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 2 of 47

3 1. Vision The Walls Bay Esplanade Reserve enables access along the coastal walkway, contributes to the protection of conservation values of the Opua harbour and enables public recreational use of the esplanade area and adjoining harbour through the provision of appropriate facilities. 2. Purpose of the Management Plan The Far North District Council has developed a draft Management Plan for the Walls Bay (Esplanade) Reserve that recognises the commercial slipway and the community s desire for access to and along the sea. A Management Plan is a working document which: Provides the foundation on which all future reserve management will be undertaken Publicly states the objectives and policies for the management of an area Briefly outlines how these objectives and policies will be achieved Acts as a reference point for integrated consistent management Conforms to any District Plan rules and any applicable resource consents. 3. Introduction and Background details: (a) Location: Opua is a port town catering for the needs of both local and visiting boaties through marine related services and industries. Industrial development is generally small scale and locally based. Most industrial development is located to the south of the township around the marina and wharf. Walls Bay Esplanade Reserve ( the Reserve ) is a 1,292m 2 strip of land adjacent to the Opua harbour in Walls Bay that has boundaries with the unformed legal road to the north; Belcher Street to the North/West and Richardson Street to the South; private land to the West (Doug s Opua Boat Yard); and Crown land seaward. The Reserve forms part of the coastal walkway from Opua to Paihia. It is joined to the north and south by unformed legal road. There is an existing jetty with a rock wall/wharf abutment to the east and a 0.5m wooden retaining wall and reclamation to the south east that approximately follows Mean High Water Springs Attached is a recent survey of the site Appendix [8]. The Opua basin has been long established as a mooring area as it provided deep water anchorage shoaling towards the beach. To service these boats a boatyard was established on a residential property in 1966, a slipway was constructed around 1971 and planning consent to cross unformed road was granted 1976 Attached as Appendix [6]. Except for the boatyard the surrounding area is predominately residential single dwelling housing and is zoned coastal residential. The location of the Reserve allows the public direct access to the foreshore. Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 3 of 47

4 Figure 1: Aerial photograph Walls Bay Reserve (b) Legal Description Walls Bay esplanade reserve is contained in Certificate of Title NA121C/187 - Attached as Appendix [1] and the legal description is Section 1 4 Survey Office Plan with an interest: Subject to section 345(3) Local Government Act 1974 (which is the requirement that stopped road adjacent to the sea becomes an esplanade reserve). The Reserve has four distinct areas: i) ii) iii) iv) (c) Section 1, SO which is covered in regenerating bush; Section 2, SO the area occupied by the slipway; Section 3, SO the sloping grassed area; Section 4, SO the bush area where the dingy racks are now located. Access Access is from the Opua harbour via the beach or an existing wharf. Alternatively pedestrian access is available from a track from Richardson Street or along the coastal walkway near the Opua hall entrance. The reserve name is not currently sign posted. Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 4 of 47

5 (d) Acquisition/History The Reserve came about following the stopping of the then unformed road pursuant to Local Government Act 1974 at the request of the adjoining owner. The road was stopped on 23 July 1998 and as it adjoins a water body it then became an esplanade reserve. The Local Government Act 1974 required the land be vested in the Council as an esplanade reserve for the purposes of s 229 of the Resource Management Act The road stopping application included a request for Council to consider (after the land had become an esplanade reserve) granting an easement over the reserve in favour of the adjacent boatyard property (subject to the requirements of the Reserves and Resource Management Acts). There has been a history of matters that have involved a range of bodies including the Environment Court and Parliament. These documents are attached for completeness in relation to the consultation process:- i) Consent Order Environment Court (31 January 2002) Appendix [2]; ii) Commissioner Dormer s report on the application from Doug s Opua Boatyard for Easements over the Reserve Appendix [3] ; and iii) Council resolution approving the application. Appendix [4] Appendix [5] is a letter dated 1 April 2011 from the Chief Executive, Far North District Council, as the administering body for the reserve confirming agreement reached with the owner of Doug s Opua Boatyard. Other relevant background is the proceedings in the Environment Court which included appeals against the District Plan note the District Plan Rule (ix). In more recent times the Bay of Islands Coastal Watchdog Inc., a community group which has been involved with this reserve since 1996, have facilitated, organised and managed community groups and hapu in a community project to restore and beautify Walls Bay Reserve with the support of Council Attached is a sketch plan of the proposed beautification and restoration Appendix [7]. 4. Statutory requirements Local body reserve administration and management is covered and guided by several different pieces of legislation. These include the Local Government Act, Reserves Act and the Resource Management Act [District Plan and Coastal Plan]. (a) Local Government Acts 1974 and 2002 The Local Government Act empowers Local Government to make bylaws. Bylaws are a tool that helps Council to manage its reserves and public spaces. Under these provisions the Council has developed bylaws which this Reserve is subject to; refer to Chapter 17 Reserves Bylaw. The Local Government Act 2002 sets out principles for consultation (section 82). Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 5 of 47

6 The LGA 2002 also requires the Council to improve opportunities for Maori to contribute to and participate in local government decision-making processes. In developing this management plan, Council has sought input from tangata whenua. (b) Reserves Act 1977 The Reserves Act provides for the acquisition of land for reserves, and the classification and management of reserves (including leases and licences). The general purpose of the Reserves Act is to: Provide for the preservation and management of areas possessing recreational, natural, scenic, historic, cultural, archaeological, biological, geological, scientific, educational, community or other special features or values for the benefit and enjoyment of the public Ensure, as far as possible, the survival of indigenous species of flora and fauna and the preservation of representatives samples of natural ecosystems and landscapes Ensure, as far as possible, the preservation of access for the public to and along the sea coast, lakeshores, riverbanks, and protecting such areas from unnecessary subdivision and development. The Reserves Act requires that most reserves have an operative management plan. Reserve management plans should identify the appropriate use/s of the reserve/s, state how conflicting use will be managed and outline any development proposals. Management plans are required to be reviewed ten years after being approved, but can also be reviewed any other time in response to changed circumstances. The Walls Bay Reserve is classified as Local Purpose (Esplanade) Reserve under section 23 of the Reserves Act noting s 229 Resource Management Act is applicable as to the purpose of the reserve. (c) Resource Management Act 1991 Far North District Plan The Reserve is zoned Conservation in the District plan. Relevant Objectives include; To protect recreation and conservation areas for the purposes for which they have been set aside or reserved. To identify and preserve areas that have high conservation value. To ensure integrated management of the effects of recreational activities, especially where these cross the land/water interface. The policies to achieve these objectives are: That existing recreation and conservation areas be managed so as to ensure that the effects of activities remain similar to the existing situation or enhanced. Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 6 of 47

7 That areas identified as having a high priority for protection for conservation purposes and which are included in the Conservation or Recreational Activities Zone are managed so that the effects of activities in those areas do not compromise conservation values. That the effects of recreational activities, especially where these cross the land/water interface, are managed by the regulatory authorities in an integrated way. That the effects of activities in the vicinity of recreation and conservation areas are managed so that recreation and conservation areas are not compromised Tone of the main methods to implement these policies is to prepare reserve management plans (under the Reserves Act 1977) for all Council reserves stating the purpose/s of the reserve and including a concept plan. Chapter 12.7 Lakes. Rivers, Wetlands and Coastline of the District Plan has particular relevance for this Reserve as it includes specific provisions for the operation of the boat yard. Refer to Rule (ix). Northland Regional Coastal Plan The Reserve is located near the "coastal marine area", which is the area from mean high water springs (MHWS) to the 12 nautical mile limit. The Regional Coastal Plan assists the Northland Regional Council, in conjunction with the Minister of Conservation, to promote the sustainable management of resources in this area. The Regional Coastal Plan manages the following activities in the coastal marine area relating to the Reserve: Structures (e.g. wharves, seawalls and boat ramps); Reclamation and impoundment; Discharges to water. (d) Other Relevant considerations Relevant to the Reserve are the following: A Consent Order from the Environment Court dated 31 January 2002 (RMA 381/01 Doug s Opua Boat Yard; 387/01 E T & M C Leeds; 393/01 The Director-General of Conservation, The Northland Regional Council and The Far North District Council). Details are contained in Appendix [2]. There have been applications for easements over the Reserve in favour of the adjacent property known as Doug s Opua Boatyard. Following a request from the boatyard proprietor, Mr Doug Schmuck, Council on 30 November 1999 made application to the Minister of Conservation under section 48 of the Reserves Act for easements, which were granted in part on 22 May The 7m strip for the existing slipway solely for the passage of boats between the yard and the water (no repair or maintenance permitted); 2. The existing water tank; Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 7 of 47

8 3. The discharge containment tank with conditions. Mr Schmuck approved of the Council s application but he was not satisfied with the Northland Conservator s decision; consequently the above easements have not been put into effect. A fresh application for easements made in 2005 was referred to a commissioner who conducted a hearing under the Reserves Act and made a recommendation to Council. The Commissioner s report dated 22 December 2005 is attached (Appendix [3]). The Council, at its meeting on 9 March 2006 duly considered the submissions and objections that were received and the Commissioners recommendation and passed the resolution: - refer Appendix [4]. The Council s decision differed from the Northland Conservator s 2000 decision. The 2006 decision was more detailed taking into account the matters covered by the 2002 Consent Order from the Environment Court. It included, amongst other things: proposed washing down; repair and maintenance of boats located on the reserve and for other installations, activities and discharges. The decision of the Council was then forwarded the Minister of Conservation s authorised delegate (the Northern Conservator) and is awaiting the Conservator s decision. It is understood the decision has been delayed as a result of legal advice on easements able to be granted under s 48 of the Reserves Act. The letter dated 1 April 2011 from the Chief Executive, refer Appendix [5] is also relevant. To place in context the letter states the Council s position following discussion and Doug s Opua Boatyard s withdrawal of Appeal(s) in the Environment Court. 6. Previous Public Consultation: In 2002 the Far North District Council advertised its intention to prepare a management plan for the Reserve and invited members of the public to submit suggestions as to its future use and development. The suggestions were considered and a Draft Reserve Management Plan was prepared. It was publicly notified in June 2003 and submissions and objections were invited for the required minimum period of 2 months. A hearing was conducted by the Environmental and Community Services Committee in November 2003 to consider the 6 submissions received. The committee resolved to defer its decision until February However, in December 2003 Council received legal advice that there was no point in endeavoring to finalise the Reserve Management Plan until the Minister s decision on the easements was known. For this reason the management plan was not completed. The 2003 Draft Management Plan and public submissions has formed the basis for this the 2012 Draft Reserve Management Plan. Given the time that has elapsed since the initial decision and developments which have yet to occur (namely the Minister of Conservation giving consent), the decision has been made to progress the Reserve Management Plan as a constructive way forward to achieve the purposes for which this Reserve was created. 7. Iwi and Management Planning Legislation specifically requires iwi involvement in the management planning processes. It is not a requirement of the Reserves Act for the Walls Bay Reserve to have a management Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 8 of 47

9 plan, however there is value in using the Reserves Act process. This will be the first stage of the consultation process. The Reserves Act 1977 is one of the Acts contained in the First Schedule to the Conservation Act Accordingly Treaty provisions in the Conservation Act 1987 also apply to the Reserves Act. The Conservation Act states: This Act should be so interpreted and administered to give effect to the principles of the Treaty of Waitangi. With regard to the above obligations, Council recognises esplanade and foreshore areas are important to iwi. There is a general expectation in Section 14 of the LGA that Local Authorities will provide opportunities for Maori to contribute to decision making processes. There is also a requirement under Section 77 of the LGA to take account of the relationship of Maori with their ancestral land, water etc, when making significant decisions in relation to land and bodies of water. Specific provisions to involve, consult and work with iwi are included in General Objectives and Policies section of this management plan. Figure 2: Local iwi involved in building the dingy racks as a community project Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 9 of 47

10 8. Public Consultation and Plan process This draft Management Plan has been prepared by the Council, and the iwi and public will be consulted at various stages to provide for their input. These stages in relation to management plans are: Council prepares a draft management plan. Council seeks the views of iwi. Council publicly releases the draft management plan for a minimum period of two months. Council calls for public submissions on the plan Council hears evidence from submitters in support of their written submissions. The draft management plan is amended in response to public submissions. The final management plan is adopted by Council and publicly released. Time Schedule Date\Deadline April 2012 July 2012 October 2012 November 2012 December 2012 December 2012 Task Draft Management Plan is sent to local iwi for input prior to adoption and approval for advertising Management Plan availability advertised and copies sent to interested parties and made available for inspection and submissions invited within a 2 month period Community Board considers submissions, objections and hold Reserves Act hearing Appropriate changes are made and a statement about submissions prepared and Community Board recommends Council adopts management plan Council receives the Community Board recommendation Final plan is adopted by Council, signed and sealed Management plan is kept under review Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 10 of 47

11 9. Objectives and Policies The intention of this plan is to achieve responsible management of the natural landscape and recreational values of the Reserve for community benefit and enjoyment in continued co-existence with the Boatyard. The objectives are intended to achieve the following vision: The Walls Bay Esplanade Reserve is an important link in the coastal walkway, contributes to the protection of conservation values of the Opua harbour and enables public recreational use of the Reserve and adjoining harbour through the provision of appropriate facilities. Policies are how Council and/or its agent intend to regulate decisions on the management of the Reserve to ensure the decisions are compatible with and will achieve the objectives above. (a) Landscape values: The landscape is comprised of many elements, e.g. vegetation, the pattern of land use, existing structures, and the linkage with the harbour. The management plan seeks to ensure the Reserve is managed to be compatible with the surrounding landscape elements. Objective 1 To maintain and enhance the visual qualities of the Reserve Explanation: The north and south ends of the Reserve are covered in coastal vegetation. The balance of the reserve has been significantly modified. A seawall and reclamation with a small dingy ramp has been developed along the seaward boundary. A haul out slipway occupies the more northern end of the Reserve and the Opua-Paihia walkway passes along the top of the sea wall. Sloping lawn leads up to a flat grassed area. Ensuring the public space is well maintained contributes to the visual qualities of the Reserve. There are two options to consider: Maintain the existing built structures or: Return the shoreline to its natural state Policies 1. Regularly maintain the built structures within the Reserve such as the existing seawall and dingy ramp Or Remove the reclamation, seawall and wooden dingy ramp to restore the shoreline to its natural state 2. Delineate the boundary between the commercial zoning and the Reserve 3. Ensure the open space areas of the Reserve are maintained to the Community and Town Services mowing standards to Grade 4. Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 11 of 47

12 Objective 2 To enhance the visual character of the Reserve Explanation The visual character of the Reserve reflects its use for a variety of maritime and community activities such as a walkway, access to moored boats, storage of dinghies, swimming or picnicking as well as access to boatyard services. It is also important to retain as much of the existing open space within the Reserve. Any new features added to the Reserve as a result of the Management Plan should enhance rather then detract from the existing visual character. Policies: 1. Protect the existing character of the Reserve. 2. Where required use appropriate plantings to soften the impact of the adjacent commercial activities. 3. Maximise the available open space by progressively removing all dinghies to vertical storage south of the Reserve. Figure 2: The boat yard operations has potential to dominant the esplanade reserve Objective 3 To enhance the natural features of the Reserve Explanation Although the reserve its self is small it is part of a larger coastal landscape with significant natural values. The most notable natural feature of the Reserve is the regenerating bush on the north and south boundaries. This bush area has been enhanced by weed eradication undertaken by community groups. It is important that any future enhancement of the natural features is part of a coordinated plan. Policies: 1. Enhance the natural and ecological values of the wider area by using native species in the planting plan. 2. Adopt a planting plan for the Reserve, in the appropriate places, which includes species, source, location, and required maintenance e.g. watering, mulching, weeding etc. that will assist in the regeneration of the coastal habitat 3. Adopt a weed eradication program Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 12 of 47

13 (b) Recreation and Use policies The management plan seeks to ensure this Reserve provides for recreational opportunities while ensuring the landscape character and natural values are protected. Objective 4 To provide appropriate informal recreational use of the Reserve while protecting the landscape character and natural values Explanation The Reserve is part of the Opua to Paihia section of the Bay of Islands walkway and is well used. Signage about access, details about the length of each section and timeframes are not provided. The walkway crosses the boat yard slipway and poses safety issues that need to be managed. These issues include information required about the danger when a boat is in the process of being hauled out as well as taking care when crossing the uneven slipway rails. Policies: 1. Continue to provide appropriate pedestrian access to and through the Reserve. This will be enhanced and made safe by: a. Installation of adequate signs that identify the entrance to the walkway. details of the wider Bay of Islands walkway and timeframes for each section b. Installation of signs near the slip way to identify safety issues and expected behaviour of walkway users. c. Development of a plan with the adjoining boatyard operator setting out the operating practice for hauling out boats on the slipway. 2. Monitor the need to up-grade the surface of the walkway where it crosses the slip way to provide a safe crossing point.. 3. Maintain the track to DOC s Walking Track standard. Objective 5 To provide appropriate furniture to ensure there are adequate facilities while retaining the open space values and landscape character of the Reserve Explanation: There are 57 registered moorings in the bay and many of the owners leave their dinghies on the foreshore. The community has developed vertical dingy racks to the south of the reserve and dinghies are progressively being moved there. The community wish to install a picnic table on the flat grassed area. The Reserve is ideal for resting at the end or beginning of the walkway or as a destination in its self. However the open space is limited and furniture should be kept to a minimum. Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 13 of 47

14 Policies: 1. Provide and maintain a dingy ramp [or remove dingy ramp and seawall] and vertical dingy racks at the south end of the reserve. 2. Support the provision of seating and a table for public use. c) Community Involvement Figure 3: Vertical dingy racks built by the community Reserve areas are most successful when local communities have involvement and a connection with them. It is therefore important to provide the community opportunities to become involved in the ongoing management and enhancements of the Reserve. Objective 6 To provide public opportunities to participate in development of the reserve management plan and on-going care of the Reserve. Policies 1. Assist the community to develop a planting and weed eradication program for adoption by the local Community Board 2. Support and assist where practicable formal and informal reserve care groups 3. Provide opportunities for the public to participate in planting days and weed management Figure 4: Local school groups involved in a planting day Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 14 of 47

15 (d) Administration Objective To ensure the Reserve is managed in terms of its classification for the enjoyment of the public now and in the future The management of the Reserve will need to be consistent with the requirements of all relevant statutes and regulations, while protecting the character and recreational values of the Reserve. Policies 1. To implement the provisions of the plan in a structured and integrated manner 2. To have regard for other statutory documents and Council policy in implementing the plan and managing the Reserve 3. To provide for appropriate review should circumstances change 10. Continual Review All parts of this Reserve Management Plan will be kept under appropriate review in order to be able to adapt to changing circumstances or to adapt in accordance with increased knowledge. Notwithstanding this, a full review will be undertaken ten years from the final date of approval by Council of this Plan. Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 15 of 47

16 Attached: Appendix 1 Certificate of Title Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 16 of 47

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18 Appendix 2 RMA - Consent order dated 31/0102 Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 18 of 47

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25 Appendix 3 RA Commissioner s report on hearing 22/12/05 Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 25 of 47

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40 Appendix 4 RA - Council resolution 9/03/06 on easement request Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 40 of 47

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43 Appendix 5 1 April 2011 letter CEO to Mr Doug Schmuck Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 43 of 47

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45 Appendix 6 Original consent for slipway to cross legal road Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 45 of 47

46 Appendix 7 - Beautification Restoration plan Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 46 of 47

47 Appendix 8 - Recent Survey of site Walls Bay Esplanade Reserve DRAFT Management Plan ver 1.5 9/07/2012 Page 47 of 47