General Policies for Council Administered Reserves 2006

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Section 2.5

General Policies For Council Administered Reserves 2006 | Section 1 | Section 2.1 and 2.2 | Section 2.3 | Section 2.4 | Section 3. Glossary | Section 4. Appendices

• 2.5.1 Buildings and structures
• 2.5.2 Car parking
• 2.5.3 Toilets
• 2.5.4 Lighting
• 2.5.5 Landscape development
• 2.5.6 Play equipment
• 2.5.7 Outdoor furniture
• 2.5.8 Disability access to reserves

2.5 Development of new features and facilities

2.5.1 Buildings and structures

Comment/Explanation
There are three types of buildings on reserve land:

• Council-owned and not leased (e.g. public toilets), 
• Council-owned and leased to a reserve occupier/lessee, and
• Privately-owned by the reserve occupier/lessee.

The Reserves Act generally limits buildings on recreation reserves to uses associated with sporting and outdoor recreational activities. Although sections 53 and 54 of the Act do allow local authorities the discretion to erect “buildings and structures for public recreation and enjoyment not directly associated with outdoor recreation”, the primary reference is to the council’s provision of facilities “associated with and necessary for” outdoor recreation stands, pavilions and gymnasia.

The classification of a reserve affects the types of structure that may be considered. Local purpose reserves generally have greater scope for building development than recreation reserves. Reserve land may be leased for the erection of buildings under section 54(1) of the Act for buildings and other structures associated with public recreation or enjoyment such as baths, a camping ground, or a parking or mooring place.

The lessee may be required to construct and manage these structures as a condition of their lease. The erection of buildings may also be permitted on land leased for commercial operations which are of public recreational benefit.

The Building Act 2004, Local Government Act 2002, the Resource Management Act 1991, the District Plan and relevant bylaws also influence the construction of buildings on reserves. All policies in this section apply to the decision to place a building on the reserve; they do not apply to decisions related to the granting of a resource or building consent. All proponents will need to apply for the required consents once their application to build on the reserve is approved.

Objectives
To ensure that buildings and structures on reserves meet the needs of approved use and users without significant adverse effects on the values of the reserve and reserve neighbours.

Policies

1. With the exception of approved network utility services, as contemplated in reserve management plans, buildings on reserves will be limited to those necessary for recreation or community development and that are related to the specific use of the reserve.
2. Council will plan and manage its reserves to minimise the number of buildings on each reserve. The duplication of facilities will be avoided by encouraging existing lessees to maximise the use of club facilities and/or to investigate opportunities to share facilities with other community groups.
3. In evaluating any proposals for new buildings or structures or alterations to buildings or structures on reserve land, the council shall take regard of:
   • The purpose of the reserve, as reflected in its classification and any relevant management plan, • the provisions of the Reserves Act and the District Plan,
   • The need for the building or structure to be located on reserve land,
   • The materials, site, design and colour of the proposed structure,
   • The perceived effect of proposed building or structure or alteration on the reserve, reserve users and reserve neighbours both now and in the future,
   • The financial position of the applicant to properly construct and maintain the buildings and structures and ongoing associated costs,
   • Future plans of the applicant/evidence of strategic vision,
   • The possibility of reserve occupiers establishing jointly administered and multiple purpose buildings or structures,
   • The conservation of open space, significant vegetation and significant landscape features. This includes consideration of whether the land could be put to better use for casual recreation,
   • The landscape policies contained in this document, and
   • The need to protect existing outdoor recreation facilities and activities and whether their displacement by the erection of a new structure or extension of an existing structure is in the public interest.
4. New buildings and structures will not be approved for construction within an area zoned in the District Plan or other council plan as being subject to hazards such as erosion and flooding. The exception is buildings directly associated with surf lifesaving or surf lifesaving equipment.
5. The council will only consider applications for new buildings on coastal reserves where the purpose of the building is associated with a recreational or community activity that uses the coast and/or adjoining foreshore or ocean as part of that activity e.g., club and equipment rooms for a surf club or yacht club. This is consistent with the general policies for coastal reserves outlined in the Coastal Reserves Management Plan (2006).
6. A lease, or other appropriate form of occupation agreement, for an area of reserve land is required by a club or organisation prior to seeking approval to construct a building or structure on that land. An occupation agreement is required even where the council has agreed to contribute financially to the building. Once an occupation agreement for the land is in place, the applicant must then seek formal approval of the council to build on the site and apply for a separate occupation agreement for the building itself. In situations where the council itself owns the building or structure, the club or organisation leases the building and land from the council.
7. The following conditions will be placed on any permission for erecting buildings on reserves:
   • The applicant is responsible for obtaining all resource and building consents before work commences on the site.
   • The applicant must comply with all bylaws, regulations and statutes pertaining to the construction and operation of the building.
   • Design, materials and location of proposed buildings or structures or alterations should minimise the potential for deterioration and vandalism.
   • The exterior colour scheme for the proposed building is to be submitted to the New Plymouth District Council for approval before construction commences.
   • Any development, maintenance and replacement of landscaping associated with the building (including resource consents) is the responsibility of the applicant and must be approved by the council.
   • Responsibilities for ongoing maintenance of the building will be outlined as a condition of the lease.
   • Landscape plans (including maintenance standards) are to be submitted to the New Plymouth District Council before planting commences.
   • The exterior of the building will be maintained by the lessee to council standards.
   • The area immediately surrounding the building and construction site is to be maintained in a safe, clean and tidy condition at all times by the occupier.
   • A bond will be required from the applicant before work commences on the site. The bond less any expenses incurred by the Council will be refunded on completion of the contract.
   • Permission to undertake the proposed development will lapse if construction does not commence within two years of the grant of this permission.
   • All costs associated with the application and the resulting development are to be met by the applicant.
   • Policies outlined in section 2.3.5 Abandonment or change in use will apply in all cases.
   • In granting approval to the building or structure, council reserves the right to review the annual rental to reflect the added value of the use and occupancy rights of the lessees interest in the lease.
8. Feasibility studies will be required where proposals for all developments that cost over $100,000 or significantly increase the area of the reserve occupied, or result in occupiers having debt levels of $10,000 or greater. The contents of feasibility studies are to be discussed with the council on a case by case basis.Return to top

2.5.2 Car parking

Comment/Explanation
Users of reserves may create demand for car parking spaces within reserves. The development of new car parks should be balanced with the desirability of retaining open space on reserves.

Objectives
To provide and maintain car parks, where appropriate, to a level which is adequate for servicing the usual activities carried out within the reserve and where this is authorized by the Reserves Act.

To support the provision of additional car parking areas on reserve land where there is a proven requirement directly related to the use of the reserve and where this is authorised by the Reserves Act.

To recover some of the costs of car park provision from identifiable beneficiaries where this is authorised by the Reserves Act.

Policies

1. Driving or parking of motorised vehicles off the formed road or car parks on reserves is prohibited except in accordance with the consolidated bylaw and except those that may be used by council for management purposes.
2. Car parks on reserves are for motorised vehicles associated with legitimate use of a reserve.
3. Parking other than in areas set aside for car parking is prohibited without prior written approval by the council.
4. Regular day, overnight or long-term car parking is prohibited without prior written approval by the council.
5. Any person requiring a car to be released from a reserve that has been closed after hours may incur a fee.
6. Exclusive use of car parks may be allowed for special sporting and recreation events upon application to the council and the payment of a charge for this exclusive use.
7. Groups that have permission to use car parks exclusively may levy a charge on users during the time they have exclusive use of the reserve.
8. Reserve occupiers may be asked to contribute to the provision of car parking on reserves where their occupation is a clear and consequential factor in the need for car parking.
9. Requests for additional car parking facilities on reserves may be considered subject to the applicant making a written application to the council. All applications will be evaluated in consideration of:
   • Information, to be supplied by the applicant, on the purpose and justification for additional car parking.
   • A needs assessment of parking needs, based on an inventory of public use of the reserve or reserve facilities.
   • Potential applicant resources for assisting to meet the costs of constructing and maintaining the car park area.
10. An application for exclusive use of an existing car park will be publicly notified. Applicants will need to meet the costs of public notification.Return to top

2.5.3 Toilets

Comment/Explanation
Public toilets are an essential part of reserve infrastructure. The availability of toilet facilities and their standard of care can make a significant impact upon the comfort of individuals and families who make use of public spaces. These facilities are also necessary to ensure that standards of hygiene in these areas are maintained.

The changing nature of activities in the district and provision of more public conveniences in private businesses (i.e. hotels and shopping precincts) can impact upon the demand for public conveniences.

Objectives To ensure the adequate provision of public conveniences as a service for visitors to the reserves.
To maintain reserves as safe and healthy environments.
To provide facilities that are pleasant to visit and are non-discriminatory.

Policies

Provision of facilities

1. Permanent facilities will only be provided where the activities are regular and will generate sufficient patronage.
2. Public conveniences will be considered in reserves where facilities are provided for the consumption of food and beverages e.g. where barbecues and picnic tables are provided.
3. For one off events, council will require that the event organiser provide adequate public conveniences to support desired activities (see section 2.3.8 Events on reserves). Such facilities may be at the cost of the event organiser.
4. Council will weigh the benefits of permanent versus temporary facilities when considering upgrades to toilet facilities. For example, for some reserves it may be more economic to use re-locatable toilets to address increased levels of use during peak summer months.
   
   Size and location of facilities
5. Public conveniences will be located to most effectively serve the activities they are intended to support.
6. The size of facilities will be adequate for the number of people expected to use the public conveniences without over crowding or undue waiting times.
7. All toilets provided for the public must be accessible for all age groups and for people with disabilities as appropriate to the nature and purpose of the reserve and the accessibility of the site.
   
   Facility design
8. Facilities must be designed and maintained to a quality of presentation that is consistent with the public profile of the facility as agreed by council.
9. All public conveniences will be clearly identified and locatable through directional signage.
10. All public conveniences will be designed and maintained so as to be non-threatening and safe to use e.g. keeping entrances clear of vegetation and visible.
11. The need for individual privacy will be respected.
12. New toilets will be designed to minimise maintenance requirements and to be resilient to vandalism (see section 2.4.4 Maintenance of reserve facilities).

Other relevant policies and bylaws

• NPDC District Toilet Strategy (2005)Return to top

2.5.4 Lighting

Comment/Explanation
The council does not encourage the use of reserves after dark outside of organised events. The lack of lighting in many circumstances is a strategic management decision to discourage visitors from using areas at night where safety problems may exist.

The council does recognize that some reserve user groups do operate at night, in particular organised sporting clubs and groups using indoor facilities. While lighting can be considered an essential component of night use in a reserve area, it is appropriate that some or all of the cost should fall to those who use facilities at night. Lighting should be considered a useful addition to other safety provisions but not a solution in itself.

Objectives
To provide car park and accessway lighting, as required.
To ensure that the cost of lighting is fairly allocated.

Policies

1. The council will only consider providing lighting on reserve land where there is a clear public benefit.
2. Lighting may be provided on reserves subject to the occupier or user of reserve land or facilities making written application to the council. All applications will be evaluated in consideration of:
   • An explanation from the applicant about why the lighting is needed,
   • Other uses of the reserve,
   • Potential for adverse effects on neighbouring properties,
   • Other potential or existing safety features in the area,
   • How the applicants will contribute to the construction and maintenance of the lighting.
3. The council will pay for lighting in areas of general public use e.g., street lights and in car parks, but the users of sportsgrounds are responsible for meeting the costs of operation, maintenance and replacement of their own lighting needs. For example, sports clubs are responsible for the cost of floodlights and for lighting accessways to club buildings.Return to top

2.5.5 Landscape development

Comment/Explanation
Landscaping makes a major contribution to the amenity and recreational value of a reserve. Managed open space areas and vegetation within urban areas softens the built environment and provide opportunities for outdoor enjoyment in an urban setting. Within rural areas landscaping can act as a contrast to predominantly agricultural and forestry land uses. In both cases the effectiveness of landscape design and maintenance can have a significant effect on the amenity value of the reserve and its perceived purpose.

The aesthetic value of landscapes can be affected by subsequent developments such as the erection of buildings or the clearance or removal of vegetation. The adverse effects of these developments need to be avoided, remedied or mitigated.

Most landscaping development on reserves is undertaken by the council of its own accord, however in some cases private developers or community groups will undertake development on council administered reserves. In this instance it important for council’s expectations to be clear.

Trees are often a significant component of reserve landscapes. The council has developed a District Tree Policy (February 2006) to set out objectives and policies related to the management of trees on council administered land. In addition, the council has adopted a policy on Reduction to UV Exposure, in which the council commits to consider the provision of sufficient and effective shade opportunities during the development of open spaces.

Objectives
To improve and enhance the visual landscape character of reserves in the district through amenity plantings of native and exotic species of vegetation and through vegetation management and regeneration programmes.
To ensure that landscape development is appropriate to the location and complements and augments its visual character.
To ensure that landscape development is planned with public health and safety in mind.
To remedy adverse impacts on reserve landscapes incurred as a result of development or other activities on or adjacent to a reserve.

Policies

1. Landscape development plans may be required for developments on reserves. The need for a landscape development plan will be determined on a case by case basis.
2. Landscape plans need to consider the following:
   • Existing trees/vegetation,
   • Proposed additional planting including species, locations and quantities,
   • Location of buildings,
   • Drainage and earthworks,
   • The provision of access to and across reserves,
   • Location of existing or planned utility facilities, e.g. power lines, pipes etc.
   • The provision of shade, as appropriate to the reserve and its purpose,
   • Ensuring adequate visibility to provide for public safety and reduce vandalism, 
   • The provision of other functions to enhance the experience of reserve users. This could include the provision of fruit or nut trees available for harvesting by the public,
   • The objectives of any site specific management plan for the reserve, and
   • Effects on reserve neighbours.
3. Vegetation should reflect the positive features of existing plantings in the area and the character of the nearby landscape. Trees planted in reserves should be of an appropriate species for that reserve and location. The species and planting plan is to be discussed with appropriate council staff.
4. Public safety should be taken into account when planning the density and scale of planting.
5. Landscape conditions may be placed on all permissions for new and alterations to existing, facilities. These conditions will be designed to avoid, remedy or mitigate the adverse effects of any development on the landscape values of the site.
6. Restoration of disturbed landform, at the cost of the developer and to the council’s satisfaction, should be included in the costing and design of all development proposals. Where necessary, ongoing consequential maintenance should also be included in development proposals.
7. All measures taken to avoid, remedy or mitigate adverse effects on landscape values should be to council’s standards.
8. Where ongoing maintenance of measures taken to avoid, remedy or mitigate adverse effects on landscape values is required, the council will enter into a written agreement with the developer to arrange for the funding of this maintenance.
9. Compliance with the relevant conditions of the Resource Management Act and other relevant legislation is the responsibility of the applicant.
10. Landscaping on reserves shall not use noxious or undesirable plants as identified by Taranaki Regional Council and Department of Conservation and as advised by New Plymouth District Council.

Other relevant policies and bylaws

• Reduction to UV Exposure (P04-003)
• District Tree Policy (February 2006)

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2.5.6 Play equipment

Comment/Explanation Children enjoy playing - it gives them the opportunity to enjoy themselves, to burn energy, gain confidence, learn new skills, experience challenge and satisfaction, and to interact with other children. Playgrounds containing structures that encourage creative and challenging play. They are also important for promoting childrens’ physical development.

The Hillary Commission described the benefits of play as: “Play is a basic need of children. It is an essential part of growth. Children play because they have an inborn need to know more about everything. Play is necessary for their learning and growth. Play isn’t just a form of letting off steam, it is crucial for the basic areas of development in children. Children must have opportunities to expand their physical development, to develop socially, and to develop intellectual skills. We must offer children an environment which provides a wide variety of play opportunities.”

The range of playgrounds and open space areas provided in the district’s reserves network contribute to the healthy development of young residents.

Objectives
Provide a clear framework for the provision and maintenance of playgrounds in the district.
Ensure an acceptable level of health and safety is provided for playground users.
Distribute playgrounds of varying levels of complexity and to meet the needs of a variety of age ranges at locations throughout the district.
Create playgrounds that are stimulating and fun, to encourage children to engage in outdoor activity.

Policies
As per the council playground policy (under development)Return to top

2.5.7 Outdoor furniture

Comment/Explanation
Providing outdoor furniture on reserves can add to the users’ enjoyment of a reserve. However, these structures should be appropriately designed to optimise enjoyment and blend in with the surrounding landscape. Outdoor furniture needs to be maintained so that it remains an attractive asset to the reserve and does not become a safety hazard.

Furniture associated with food consumption such as picnic tables and barbeques creates a need for additional rubbish bins and, potentially, toilet facilities (see section 2.4.3), so the provision of these facilities needs to be considered in its wider context.

Objectives
To provide and maintain well designed and appropriately located outdoor furniture in reserves to add to the enjoyment of the reserve by its users.

Policies

1. Seating, picnic tables, rubbish bins, play equipment and all other park furniture shall be placed with regard to need, orientation to sun, shelter from wind, views and proximity to access points.
2. Furniture will be placed to allow respite from the sun as a priority consideration.
3. The focus for placing outdoor furniture will be in areas of amenity and/or recreational value (e.g. on the shores of lakes, rivers, swimming holes and pathways). Care shall be taken to minimise visual distraction from the natural environment.
4. The need for rubbish bins, toilets and other infrastructure will be considered and planned for prior to installing new outdoor eating facilities such as picnic tables and barbeques.
5. Existing barbeques will not be replaced unless at the discretion of the council. Any new barbeques will be installed in consideration of the safety of the location and the structure, the potential for vandalism and misuse and the potential effects on neighbours and other users of the reserve.
6. All furniture shall be designed and coordinated for suitability to function and appropriateness for the surroundings. Furniture will also be constructed for durability and resistance to vandalism (see section 2.4.4 Maintenance of reserve facilities).
7. Colour schemes, planting and site design associated with existing structures shall be revised as each comes up for attention on the routine maintenance programme to ensure that their visual impact is minimised and that they are integrated with their surroundings. Where maintenance is the responsibility of lessees the council shall ensure that the required standards are stipulated in lease agreements as these come up for renewal and shall check regularly that the standards are met. Leases may be revoked if these standards are not met.
8. Structures, buildings and furniture which are no longer required shall be removed as soon as practicable and those that are unsafe or irreparable shall be removed also and only replaced if an ongoing need is demonstrated.

Other relevant policies and bylaws

• NPDC Consolidated Bylaws 2000: Fire Prevention (Part 6)

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2.5.8 Disability access to reserves

Comment/Explanation
In its Barrier Free District Policy (P01-015), New Plymouth District Council has committed to working towards the removal of barriers to the participation of people with disabilities in all aspects of life in the district.

Improved access to parks and open space increases quality of life of district residents. Additionally, improved access has the potential to increase the use of reserves by enhancing comfort and convenience for the range of users and providing significant safety benefits.

It is important to retain character and variety in parks and to cater for different levels of ability with a range of challenges and degrees of difficulty. It will not always be feasible or desirable to make all facilities fully accessible. Different degrees of accessibility will be achievable at different sites. There are four main reasons why parks may not be fully accessible:

• Existing facilities. Many existing facilities are not accessible and it may not be practical to modify them. However, where possible a design change should be implemented to improve accessibility of existing facilities.
• High cost. The cost of constructing accessible facilities may be prohibitive and outweigh the usefulness or suitability of such a facility, e.g. constructing an accessible path on a steep hillside.
• Conservation values. Some reserves have high conservation values that should not be compromised, e.g. wide paths may encroach on an ecologically sensitive area that needs to be conserved.
• The nature and purpose of the reserve: some reserves are either not accessible to the public or are difficult to access by their nature and purpose e.g. Paritutu summit trail. For facilities to be recognised as fully accessible they need to comply with national standards.

Objectives 
New Plymouth District aims to overcome barriers to access to ensure that everyone is able to enjoy our parks and open spaces.

Policies

1. Depending on the nature and purpose of the reserve, reserves and associated facilities will be designed, where feasible, to meet the most up-to-date national standard and design criteria for access for people with disabilities.
2. An audit will be undertaken of all reserves to identify accessible facilities and to prioritise opportunities for improvement. Questions will be included in customer surveys, when undertaken, to monitor the maintenance of continued accessibility in parks.
3. The council shall ensure that staff members and contractors involved with providing park facilities are educated about the requirements of people with disabilities, allowing effective service provision.
4. The council shall develop and use a standardised classification system for paths and tracks that allows users to readily identify the degree of ability required.
5. The council shall provide public information about accessible facilities using a variety of media.

Other relevant policies and bylaws

• Barrier Free District Policy (P01-015)

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