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Rowesdale rori, Ōhauiti

Rowesdale Drive, Ohauiti

The outcome of Council’s investigation to facilitate access for potential urban development of land in the Ohauiti area.

Project Update

Council has completed the legal, valuation and compensation process with the 21 directly affected property owners. Settlement was reached directly with the property owners, so the Property Law Act application wasn’t required. We’re currently considering next steps.

Project background

The Commissioners with Council and Beca staff held meetings on Wednesday 1 December and Tuesday 7 December 2021 with the 21 directly affected property owners (as outlined in the map below) and the 210 indirectly affected property owners living on/near Rowesdale Drive, respectively.

Council, on Wednesday 2 February 2022, held three information sessions (drop-in, no presentation) with the wider Ohauiti community.

The purpose of these meetings and information sessions was to share the decision made at a Council meeting on Tuesday 26 October 2021 about the outcome of the technical option assessments to facilitate access for potential urban development of land in the Ohauiti area.

The purchase of the properties at 202 and 206 Rowesdale Drive, Ohauiti

Rowesdale Drive council owned properties

Blue – two properties owned by Tauranga City Council,
Yellow – 21 properties on the same land covenants as Council.

Council purchased the 206 Rowesdale Drive at a public auction on 29 October 2020. The opportunity to purchase 202 Rowesdale Drive was made available to Council and it was purchased on 12 February 2021. Both the properties were purchased using Council’s Strategic Acquisition Fund.

We are constantly reviewing how we plan for our city’s growth, including how we can respond to the ongoing housing shortage. The sections of land behind the Rowesdale properties (which is zoned residential at approximately 13 hectares) could potentially help meet some of the city’s housing needs. When the Rowesdale properties came up for sale, we viewed it as an opportunity that allows us to consider using it as road access. As with anyone else buying in today’s property market, we needed to move fast when the purchase opportunity arose.

Since the purchases of both properties, Council has investigated the different options for providing access to the land to enable its development.

Council’s investigation and technical options assessment

This investigation included analysis of potential road access points to the land and what infrastructure is required to enable development of the land, including the Rowesdale properties. The investigation provided Council with the details and analysis required to make a decision about whether and how Council can achieve road access to facilitate future growth that might occur in this area. The investigation commenced in early 2021 and was completed prior to Council meeting on 26 October 2021.

Council’s decision on Tuesday 26 October 2021

Following the investigation on the technical options assessment, an issues and options paper was presented at the Council meeting for further direction.

The Commissioners made a decision to proceed with an option to enable the access to the residential land via Rowesdale Drive through a process under the Property Law Act i.e. the legal, valuation and compensation process with the 21 directly affected property owners.

Council has identified these 21 property owners as those who’re directly affected due to the decision Council has made as their properties are covered by a relevant land covenant in Easement Instrument 8524891.8. Due to the nature of the land covenants on these properties, Council engaged with these property owners first on 1 December 2021.

Community’s frequently asked questions

There is broader programme of work across Tauranga to improve the transport network – simply known as the Transport System Plan.

At a high level, this plan is looking to provide people with greater and safer transport choices. This work has a strong focus on the shift the City needs to make towards public transport and active modes (likely cycling) with less resilience on cars and our ability to always build our way out of congestion. It is also focussed on how we can reduce the need for travel by providing amenities like parks and shops locally.

Waka Kotahi New Zealand Transport Agency have undertaken some preliminary investigation of some relatively minor improvements to the SH29a / Poike Road roundabout. This work identified that a more significant and costly improvement was needed than first anticipated. Next steps for any improvement of that intersection are still to be identified by Waka Kotahi.

There is also an investigation into how 15th Ave/ Turret Road and Welcome Bay Road can be improved. This is getting underway now. In the medium / longer term Waka Kotahi have an investigation into how to improve SH29a.

A broader piece of work known as the Welcome Bay and Ohauiti Planning Study has been completed. As a result of this work TCC is investigating options for sportsfields in Ohauiti and the upgrade of the Welcome Bay Community Hall and Centre, it also involves working with the Ministry of Education on schooling provision within the Ohauiti area. The need for additional retail and commercial facilities in Ohauiti has also been highlighted and will be considered in future when the City Plan is reviewed (or an alternative to the City Plan is developed as part of the government Resource Management reforms).

At the development level for the land the need for a neighbourhood reserve and playground would occur through consenting process if development moves ahead.

Access to the site from the west via Oropi Road (known as Option 2) was investigated. However, this option needs to cross a river, multiple-owned Maori land and was identified as having greater social / cultural, geotechnical / infrastructure and environmental impacts than a number of other options including the preferred via Rowesdale Drive. These factors contributed to an Oropi Road connection not being preferred.

We understand developers are negotiating with some of the current landowners to purchase properties within the Residential Zoned site. The timing for any development will ultimately be determined by a developer. Access to the land will be a pre-requisite to this and is Councils focus. At this stage, we are anticipating a High Court Hearing on the Property Law Act application in mid-2022. Should this be successful then development of the land might progress in the next 1 to 2 years plus but that timing is dependent on a number of factors e.g. the PLA application being successful; the developers timeframes; subdivision consenting timeframes.

As noted above in respect to Q.4, this is subject to a number of factors but possibly within the next 1-2 years plus.

The land in question has been zoned Residential and part of the Ohauiti Structure Plan since the 1990s. Private covenants have restricted access to the land and Council is now looking to address these.

We have no basis to inform how property values may be affected outside those that benefit from the private covenants. Any statutory entitlement to compensation under the PLA (for extinguishment of the covenant) or PWA (for compulsory acquisition) is only available to property owners who are actually losing a property interest (i.e. the benefit of the land covenant), these being the 21 directly affected properties in Rowesdale Drive.  For clarity, it is the loss of a registered property interest itself which is the legal issue, as opposed to any effects which might arise from a subsequent development. Compensation is not available to residents who are simply exposed to the effects of urban development, such as increased traffic.

The document below contains questions that have come in from the Ohauiti community. Please note that some of the questions we received were similar, so we have combined questions where appropriate.

Key information

Project type
Environment
Planning, design and renewal
Transport and movement
Community 
Health and wellbeing

Status
Underway

Neighbourhood
Welcome Bay

Key dates

  • Council purchased the 206 Rowesdale Drive property.

    October 2020
  • Council purchased the 202 Rowesdale Drive property and informed the 231 (21 directly affected and 210 not directly affected) property owners via letter about the purchases of these properties and that Council’s investigation and technical options assessment was about to commence. 

    February 2021
  • Council informed the 231 property owners via letter that the investigation is ongoing.

    September 2021
  • Council investigation and technical options assessment conclude.

    Early October 2021
  • Issues and Options Paper ready for Council meeting. Council informs the 231 property owners via letter of this meeting coming up on 26 October.

    18 October 2021
  • Council meeting and decision from Commissioners to proceed with an option to access residential land via Rowesdale Drive through a process under the Property Law Act.

    26 October 2021
  • Council informed the 231 property owners via letter of the Commissioners' decision and the upcoming meetings with them.

    November 2021
  • Commissioners, Council and Beca staff met face-to-face with the 21 directly affected property owners at the Ohauiti Settlers Hall.

    1 December 2021
  • Commissioners, Council and Beca staff met online with the 210 property owners living on/near Rowesdale Drive who we’ve been keeping updated throughout this project.

    7 December 2021
  • Initial discussions with the 21 directly affected property owners for voluntary surrender of land covenants and compensation.

    December 2021 to February 2022
  • Community information sessions at Ohauiti Settlers Hall with the Commissioners, Council and Beca staff.

    February 2022
  • Settlement has been reached with the 21 directly affected property owners (Property Law Act application wasn’t required).

    December 2022
  • Council considering next steps.

    2024

Who's listening

Strategic Property Team
Tauranga City Council

rowesdale@tauranga.govt.nz 
07 577 7000

Other ways to get involved

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