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Reserve Classification Proposal

Classification of part of Trimble Park, Rata St, Inglewood

Trimble Park is 4.1ha and used mainly for recreation. It is proposed that part of the park, a flat area of about 3,000m², be classified Local Purpose (Community Buildings) Reserve to enable a lease of part of the site be granted to the Inglewood Child Care and Early Education Centre Incorporated for the purpose of a childcare centre.

The land proposed for reclassification was previously occupied by the Women’s Bowling Club, and is situated next to the netball and tennis courts. The legal description is set out in the schedule below.

Schedule

Area: About 3,000m².
Description: Pt Section 385.
CFR Ref: TNA85/266.
Classification: Local Purpose (Community Buildings).

Trimble Park site map (702KB PDF)

Have your say

Submissions closed on Tuesday 22 April 2008.

What's next?

Submissions will be considered by the council and an application will be made to the Department of Conservation for a final decision.
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Background

In late 2007 the council received an application from the Inglewood Child Care and Early Education Centre Incorporated to lease part of Trimble Park, Inglewood for the purpose of building a new child care facility.

The Inglewood Child Care and Early Education Centre Inc is currently located on a property in Kowhai St which has become too small for the growing centre and a proposal to purchase the adjoining property to enable the facility to be enlarged has been objected to by adjoining property owners. The centre has also searched unsuccessfully for sometime to acquire a freehold site.

Inglewood Child Care Inc considers Trimble Park to be particularly suitable for their new facility in regard to its location, limited residential neighbours and has large areas which are currently not utilised, with gentle-flat topography.

Trimble Park was vested in the council for the purposes of recreation in 1958. The underlying title however remains with the Crown. While held as a reserve under the Reserves Act 1977, Trimble Park has never been formally classified. In order for the council to be able to lease a part of the park to the child care centre, that part must be formally classified Local Purpose (community building) reserve.

The site within Trimble Park which has been deemed most appropriate for the child care centre is a flat site on Rata St next to the tennis/netball courts, which was previously occupied by the Inglewood Womens Bowling Club. This site is shown on the development plan attached by a yellow dotted outline.

Note: All other components of the development plan will be considered during the 2009/2019 Long Term Community Plan process.Return to top

Reserves Act process

Trimble Park was vested in the council pursuant to the Reserves and Domains Act 1953, for the purpose of recreation. It is therefore a reserve, managed and administered by the council under the provisions of the Reserves Act 1977. The underlying title remains with the Crown.

Although the reserve has not been classified under the Reserves Act, the council is required under the Act to manage and administer the reserve for the purposes of recreation, as set out in the Act. The proposed use of the reserve, for a child care centre, is not consistent with the purpose for which the reserve is held, being recreation. This means that before a lease could be entered into with Inglewood Child Care Inc, that part of the reserve which contains the proposed site would need to be classified ‘local purpose (community building) reserve’ under the Reserves Act 1977.

Under section 16 of the Reserves Act the council has the delegated authority to classify a reserve which is vested in it but only where the classification is confirming an existing purpose of the reserve. As the proposed classification for the child care centre site will be representing a change in purpose, the classification must be carried out by the Department of Conservation, under delegated authority from the Minister of Conservation (section 16(1)).

The classification process involves a number of steps including consideration of the suitability of the site; a one month public notification period; consultation with iwi and other affected parties; and giving submitters a reasonable opportunity to be heard in support of their submission.

The Department of Conservation has requested that the consultation process including public notification is undertaken by the council and that an application is made following the hearing of any submissions. The application will be required to include the process the council followed to date, including consideration of the suitability of the site, consultation undertaken, submissions received and consideration given to submissions.

The Department of Conservation has been made aware of the proposal and will formally consider it once an application is formally submitted after public notification.

It is proposed that the balance of the reserve which is currently used and held for the purpose of recreation will be classified recreation reserve. As noted above the council has the delegated authority to classify reserves where the classification is confirming an existing purpose and therefore this matter is not required to be part of an application to the Minister of Conservation.

Public notification is not required under section 16(5) of the Reserves Act 1977 where ‘the proposed classification is substantially the same as the purpose for which the reserve was held and administered for immediately before the commencement of the act’. Trimble Park has been held for the purpose of recreation both under the current act and the Reserves and Domains Act 1953. This matter however will be noted during consultation with affected parties, including Mana Whenua.Return to top

Lease Provisions

The area which will be leased to the child care centre (should the classification be successful) will not be the entire site but rather approximately 1,500-2,000 square metres fronting Rata St. This area represents approximately half of the area proposed for classification. The remainder of the site will continued to be maintained by the council as local purpose reserve and may be used by other community groups in the future.

A lease will be negotiated in the event of successful classification of the site. A proposed lease period for the childcare centre is a 10 year lease with two 10 year right of renewal periods. This reflects the Reserves Act provisions where the maximum term for a lease is 33 years. Conditions of the lease will be consistent with section 2.3.4 Occupation agreements, leases, of the council’s general policies for council administered reserves.

The child care’s facility layout on the James St site is still to be finalised however will include off street parking, a building and an outdoor play area.

The development of a new child care centre will need to be assessed in accordance with the council’s district plan rules, and may require an application for a resource consent, a process undertaken by the council’s Consents Team.

The cost of the classification of this part of the reserve (including surveying), and all future development of the childcare centre will be met by the applicant, the Inglewood Child Care and Early Education Centre Incorporated.

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