Draft Town Belt Management Plan - Wellington City Council

180
Encroachments into the Town Belt range in scale and effect. They typically range from the
minor and easily removed without effect (such as washing lines and children’s play
equipment), to access driveways and, in the more extreme cases, to parts of dwellings or
landscaping. Some of the encroachments on the Town Belt are very old and associated with
early settlement and building in the city while some are more recent. Encroachments
include access encroachments.
In some cases, owners of encroachments believe these have been authorised by the Council
through the resource consent process under the Resource Management Act 1991 (RMA).
The Town Belt is administered under the Town Belt Deed and Reserves Act 1977.
Encroachments must be authorised under those provisions and not the RMA.
As encroachments are prohibited on the Town Belt, the process to manage the
encroachments that exist or are found is:
9.6.9.4 The Council will keep a record of all known encroachments.
9.6.9.5 The Council will require removal of all encroachments either immediately or as a
managed process. Managed removal will require issuing a letter of understanding,
and a licence to formalise the removal process.
9.6.9.6 Encroachments must be removed immediately when:
a. the encroachment is considered dangerous (the assessment of danger is at
the full discretion of the Council)
b. the encroachment is new.
Note: A ‘new’ encroachment is one that did not exist before 1995 (the publication date of the
previous Town Belt Management Plan). The onus of proof sits with the owner of the
encroachment. The Council will consult all relevant records, including aerial photography,
to assist with determining whether the encroachment is new.
9.6.9.7 Managed removal of encroachments will result in a signed agreement between the
property owner concerned and the Council and will detail:
a. a description of the encroachment
b. a process for removal
c. a timeframe for removal
d. responsibilities of each party for particular actions
e. the payment of any one-off or ongoing fees
f. any other matter the Council deems necessary to manage the encroachment
removal.
9.6.9.8 If the encroachment can be practically removed or stopped (it might be a garden
fence, a shed, a path, an area of garden, part of a deck, a clothesline or a private
vehicle access) it will be removed with full reinstatement of the land generally
within 12 months or sooner. This type of removal will be managed by way of a
signed letter of understanding including details as listed above (see 9.6.9.7).
9.6.9.9 If the encroachment is associated with private vehicle or private pedestrian access
and immediate removal is complicated by long-term historic use, then a longer
term removal agreement such as a fixed-term licence may be negotiated. This will
allow agreement of reasonable terms while also ensuring that the access
encroachment is removed as per policy 9.6.9.1, 9.6.9.2 and 9.6.9.3. The maximum
period of time for this type of agreement will be until there is a change of
ownership or occupation in the property associated with the encroachment. The
Draft Town Belt Management Plan October 2012