Friends of Palm Beach Reserve

Friends of Palm Beach Reserve
Comments & clarifications by Friends of Palm Beach Reserve (FOPBR) on the TCC report presented to the
TCC Council Meeting. The report has many misstatements which need correcting to allow full
understanding of the objections of the local community. This will be sent to councillors and staff.
After the council meeting, FOPBR also became aware that many of the councillors did not know where
Palm Beach Reserve was and were relying on council reports for their information.
See maps on last pages for the exact location of Palm Beach Reserve.

10      Te Ara O Wairakei Landscape Plan
File Number: A11504346
Author:         Jane Groves, Stormwater Programme Leader
Authoriser:     Nic Johansson, General Manager, Infrastructure

PURPOSE OF THE REPORT
To report back to Council on the following matters relating to the implementation of the Te Ara O Wairakei
Landscape Plan.

 1. The outcome of consultation carried out with residents of Palm Beach West and Tangata Whenua on
    enhancing the Te Area O Wairakei Reserve
 2. Existing and proposed arrangements relating to planting and maintenance vegetation in this area; and
 3. Proposed continued engagement with these resents and the wider community on the Te Ara O
    Wairakei project.

RECOMMENDATIONS

That the Council:

     a) Receives and accepts this report
     b) Endorses the proposed arrangements relating to planting and maintenance of vegetation in the
        Stage 1 corridor (including the Palm Beach West area) until such time as a further update on the
        project is received from staff in mid-2021. These arrangements include:
        No further new planting within the Stage 1 corridor as a whole until mid-2021
        (the commencement of the 2021/2022 financial year)

        Continuation of maintenance including grass mowing, trimming and weed/dead plants (like for like)
        to ensure adequate vegetation coverage to supress weed growth, to aid in stabilisation of stream
        banks and prevent erosion, and to comply with consent conditions to implement the landscape
        plan.

FRIENDS OF PALM BEACH RESERVE COMMENTS - (FOPBR)

Where is Palm Beach West area? Please define. FOPBR defines the original Royal Palm Beach subdivision
as the Palm Beach Reserve. See the map at the end of this document.
For the last 30 years the stream banks have been stable with mown grass growing to the edge of the
waterways and ponds. The weed problem has only arrived since planting started.

   c) Endorses continued engagement with residents in the Palm Beach West area and the wider
      community until such time as a further update on the project is received from staff in mid-2021.
      The objective of continued engagement will be to develop a plan for planting the Palm Beach West
      Reserve area that meets the requirements of the resource consent. This engagement will be
      carried out under advisement of the Project Engagement Specialist and will utilise a combination of
      the methods previously used to date.

The residents of the Palm Beach Reserve have resoundingly rejected the planting plan the Council is
imposing - the conditions of Resource Consent 62636 were not met before the Landscape Plan was adopted
– that consultation had to be carried out before the draft Landscape Plan was submitted to BOPRC.
The residents do no want to waste their rates and time on continued engagement as the Council has no
intent on changing the planting plan.

Note that the definition of consultation includes seeking information and taking advice from another party.
It is not just “presentation”, which the Council appears to regard as “consultation”.

EXECUTIVE SUMMARY

 4. The Stage 1 Te Ara O Wairakei Landscape Plan (Stage 1 Plan) was prepared in 2016/2017 in response
    to conditions within Tauranga City Council’s comprehensive Stormwater Consent (CSC) RC62878. The
    CSC stipulates the requirement for consultation during plan development and for further consultation
    immediately prior to and during implementation. The CSC also specifies that the plan be fully
    implemented by 2025.

Consultation with the landowners adjacent to the Waterways was not completed in accordance with
Clause 9 of the Resource Consent, and later consultation was not carried out diligently or thoroughly.

 5. The Stage 1 Plan area encompasses 101 hectares of remnant stream corridor extending
    approximately 10km from Pacific View Drive in Papamoa to the boundary of Te Tumu.

 6. Significant consultation and engagement with the local residents and Tangata Whenua has occurred
    since 2016 as required by CSC. This consultation continues to this day and is proposed to continue
    until implementation of the Stage 1 Plan is complete (i.e. by 2025)

Not true. See TCC records. The current ongoing consultation is not consultation but imposition
(presentation only) and attempt to tick the Consultation box after the plan is commenced. During the
extensive meetings with Tangata Whenua, Council was repeatedly told (from July 2016) that consultation
with community and adjacent landowners had to be carried out prior to the draft Landscape Plan being
lodged with BOPRC.

 7. To date approximately 84% of the landscaping components within the Stage 1 plan have been
    implemented – this includes 8.5ha of planting. The work is achieving Plan objectives which include
    the enhancement of recreation, amenity and stormwater/ecological management of the corridor.

Community feedback in response to this work has generally been very favourable with the exception
     of one area in Palm Beach West.

Once again where is Palm Beach West? There is no need to enhance any stormwater management in
the Palm Beach Reserve areas as it is a closed system which works perfectly as it was. The ponds in the
Royal Palm Beach area were designed as a distinct part of the Papamoa storm-water management, storing
water while minimising local risk of flooding and allowing it to drain in a controlled manner to the sea. As
such the flow passages should not be obstructed in any way, and the proposal to have “inanga spawning
habitat” planting in this area conflicts with such free flow.

Community feedback has not been universally positive.

 8. A total of 9.9ha of planting remains, the majority of which is east of Parton Road within Palm Beach
    West. Palm Beach West residents have vocally opposed planting since planting commenced in their
    area. Their key concerns relate to their view that ponds are being converted to wetlands, obstruction
    of water views, bank slumping, plan selection, poor maintenance and vermin.

Residents in the Palm Beach Reserve area have opposed Planting. The reserve is from Gravatt Rd to the
end of Santa Barbara Drive/Maldives Way, a distance of approximately 1.4 km. Part of the reserve is
unplanted – from Gravatt Rd to Palm Beach Blvd. Whereas from Palm Beach West to Santa Barbara Dr and
Maldives Way has been planted which the residents want reinstated – a short distance of 550 metres.

Parton Rd is kilometres away from the area of concern to FOBR. Lumping all areas into “Palm Beach West”
is at best misleading

 9. In response to these issues Council ceased new planting at this location and undertook more
    intensive engagement with residents through face to face meetings, public ‘area’ meetings, and
    establishment of a local e-newsletter distributed to all residents and Tangata Whenua. Issues relating
    to poor performance of the maintenance contractor were addressed and a new contractor was
    engaged and instructed to undertake an increased level of maintenance.

The waterways are composed of many different areas, each with a unique landscape and drainage
requirements. To lump them all into one solution is flawed and stupid. rats and vermin have become a huge
problem for thehouseholders. If the existing grass had remained, there would be no problem with weeds
etc.

 10. It is now evident that the above measures have failed to garner support for further planting from the
    Palm Beach West residents. On this basis staff now propose a range of recommendations in relation
    to further planting and continued engagement in this area.

The new intensive engagement is not working, it is too late and a waste of ratepayer funds. Read the
message given to you by the local residents. The Palm Beach reserve is a very SMALL part of the Wairakei
Waterways area. Stop the planting.

BACKGROUND

 11. Council holds resource consent 9RC63636), a CSC granted by the Bay of Plenty Regional Council
    (BOPRC) to address stormwater management and the discharge of treated stormwater in the
    Papamoa catchment.

12. The CSC requires Council to develop, in conjunction with stakeholders, a Landscape Plan for the
    Wairakei Stream Corridor and Taylor Reserve and facilitate the development, by Tangata Whenua, of
    a Cultural Plan for these areas. This cultural Plan is to be implemented through the Landscape Plan.

The local landowners were not consulted as required by the CSC, which requires (Clause 9) community
groups and adjacent landowners to be consulted before submission of the draft Landscape Plan to the
BOPRC, and again consult prior to implementation.The Palm Beach Reserve is man-made by a local
developer who used the best engineering practices to create a stormwater system which reduces the
chances of flooding to near zero.

 13. The Wairakei Landscape and cultural Plans direct development of the stream corridor, providing
    cultural recognition elements, enhanced recreation and amenity, together with stormwater and
    ecological management. They cover landscaping elements such as seating, signage, litter bins,
    cycleways, pedestrian bridges and plantings within the corridor including alongside the waterway.
    Cultural recognition elements include planting indigenous vegetation to reflect cultural values and
    historical association of Tangata Whenua with the site as specified in the CSC (condition 10.6).
    Cultural elements also include provision of interpretation panels/signage, pou and other means of
    cultural interpretation.

Clause 10.1 of the CSC defines cultural recognition elements as “structural or artistic elements, including for
example, carvings, pou or structural elements and planting of native species for the purpose of recognising
the cultural associations to the Wairakei Stream corridor and Taylor Reserve”. We believe that such cultural
recognition elements were never intended to refer to the specific type of planting along the complete
course of the Wairakei Stream, but rather (as discussed during the Tangata Whenua meetings) to be
specific structures or “clumps” alongside pathways, etc.

 14. The CSC (Condition 9) required that a draft Stage 1` Plan be lodged with the BOPRC by 31 December
    2016 and a final stage 1 plan by 31 December 2017. Stage 1 refers the geographical location of the
    stream corridor, which extends some 10km from Pacific view Rd to the boundary of Te Tumu and
    encompasses an area of approximately 100 hectares.

Clause 9 of the CSC also required consultation with community groups and adjacent landowners to be
carried out before the draft Landscape Report was completed. This was not done with the landowners.

 15. To achieve the above requirements a draft Stage 1 Plan was presented to Council Elected Members
    (DC307) on 6 December 2016. Approval was given to lodge the draft plan with BOPRC and carry out a
    public consultation (also a requirement of the CSC). The cost est6imate for implementation of the
    plan, based on concept design, was $5.63M.

As a result of Clause 9 of the CSC, consultation with community groups and adjacent landowners should
have been carried out before the draft Landscape Report was presented to the Council for approval to
lodge.

 16. Following public consultation and detailed design the Stage 1 Plan was finalised and again presented
    to Council’s (then) Environment Committee (DC210) on 26 September 2017 with recommendations to
    approve the plan for submission to the BOPRC and support in principle, inclusion in the 2018-28 Long
    term Plan of the updated budget of $5.77M. These recommendations were endorsed by the
    committee.

Not done, only tick box approach

 17. In addition to consultation on the draft plan, the CSC also stipulates the public consultation occur
    prior to its implementation. For further detail on this aspect please refer to the Consultation section
    below.

As stated above, the consultation with community groups and adjacent landowners was not carried out
before the draft Landscape Report was completed.

 18. The CSC requires full implementation of the final stage 1 Plan by 2025 (consent Condition 9.8) If full
    implementation is not achieved, Council may be in breach of the CSC and subject to enforcement
    action by BOPRC (refer to legal implications/risk section below for further detail).

The CSC (Clause 4) also requires other structures to be completed before 2025. These include additional
twin 1,600 mm diameter culverts at Gravatt Road and Palm Beach Boulevard, and similar culverts
elsewhere (e.g. Evans Road). At this stage it appears only the new Domain Road culverts have been
completed, as part of Domain Road roading improvements.

 19. Within the 101ha project area, implementation of tracks, seating, bollards, shade trees and signage
    has been completed in 4 of the 5 areas (84.3ha, 84%). This includes 8.5km of new tracks, extensive
    track widening, boardwalk and culvert crossings over wet areas, an upgraded bridge, 21 seats, 60
    entrance and wayfinding signs, and 75 specimen trees for shade and amenity. Almost 300,000 plants
    have been installed in 8.5ha of the reserve.

From your data Palm Beach reserve is only 4.7% of the area.

 20. 16% of the 101ha project area remains uncompleted (predominately from Parton Road east). This
    includes 9.9ha of planting, of which 0.86ha (4.7% is located in the Palm Beach West reserve area).

This statement is incorrect and shows the misunderstanding of TCC staff. The area of concern goes from
Gravatt Rd to Palm Beach Boulevard and extends from there to Santa Barbara Drive and Maldives Way.

 21. The specific area in which residents have raised concerns is within the Palm Beach West reserve from
    Bermuda Drive to Palm Beach Boulevard. Principal concerns relate to the planting of indigenous
    plants or more specifically, the maintenance of planted areas, the mature height of plantings, bank
    slumping, and outcomes of plantings. Reserve enhancements such as seating, specimen tees, signs,
    or walkways have overwhelmingly been supported, evidenced by large numbers of the community
    using this area over the Covid-19 lockdown period.

Bringing in a reference to Covid-19 is paltering. The area was busy but never overwhelmed and it is back to
normal usage now, two weeks later.

Residents’ concerns also include the area of ponds to the west of Palm Beach Boulevard.

There is a website www.palmbeachreserve.com which is a very informative site and presents many views of
the local residents. Over 150 of them sent an email to the Mayorasking for the planting to stop and
reinstate the grass. There has been no communication from the Council over any untrue statement on the
web site.

22. Alongside TCC consultation, mailbox drops, and online information has been disseminated by third
    parties containing incorrect information about the Landscape Plan, consultation and planting. Recent
    engagement has identified that this incorrect information has contributed to residents
    misunderstanding about key project details including: lack of consultation by Council, planting will fill
    in ponds to create wetlands, planting has caused bank erosion/slumping, residents decide and control
    how the reserve is managed, planning will include large scale flax plantations, plantings will increase
    rate infestations, planting will not improve reserve water quality and planting will block all water
    views.

The consultation to the landowners adjacent to the waterways In Palm Beach Reserve was to say at best,
very minimal. As confirmed in the minutes of Tangata Whenua meetings, consultation was not carried out
until February 2017. We have not seen any record of such “consultation”, although the results of the
consultation were discussed as part of the Tangata Whenua meetings after March 2017.

Remembering we are only talking about the closed stormwater System in Palm Beach Reserve. We
challenge you to a public debate on proving that any planting will affect the water quality in this pond area.

Already, many of the plants, after 12 months, are exceeding heights you proposed.

 23. Council has experienced significant performance issues with the planting sub-contractor. The key
    issues were poor spraying practice resulting in high plant mortality and maintenance (weeding) not
    being completed to the agreed schedule.
    Council received complaints from residents about planted areas being overgrown and unsightly. To
    remedy this, Council terminated the sub-contractor’s contract and engaged a replacement contractor.
    Council and the new contractor developed a fast-track plan for remedying maintenance (interrupted
    by Covid-19 restrictions) and a plan to undertake infill planting in areas affected by over-spray and
    drought in planting areas from Pacific View Road to Palm Beach West.

The mowing contractor also appears to have problems with maintenance, based on recent damage to some
of the new plants along the boundary between mown grass and the “planting”.

LEGAL IMPLICATIONS/RISKS

 24. The CSC requires full implementation of the Final Stage 1 Plan by 2015 (consent Condition 9.8). If
    implementation in the Palm Beach West area differs significantly from that depicted in the final plan
    (i.e. the plan which was consulted on and submitted to and approved by BOPRC), Council could be
    held liable for breaching the CSC and therefore be subject to possible enforcement action. The nature
    of this action will likely depend on the perceived extent of breach i.e. the extent to which the plan
    was not implemented.

The threat of not abiding by a consent which was achieved without fulfilling all the clauses is not a valid
reason to press on.

The Council also has its own risk by not fulfilling its requirements for installing new culverts (Clause 4).

The BIG question is: -
Why is the Council putting so much effort into destroying the Palm Beach reserve where there Is an
absolute “ecological disaster” in the waterways around Beachwater Estate and in the area between
Domain Road and Parton Road ?

25. In addition, Tangata Whenua are deeply engaged with the Stage 1 Plan implementation including
    blessing the site at the commencement of planting. If implementation differs significantly from the
    depicted in the final plan, Tangata Whenua may view this as a breach of the CSC (Condition 9.7)
    which specifies that the Stage 1 Plan shall give effect to cultural recognition. Tangata Whenua
    representatives have stated that they regard planting indigenous species as an integral component of
    achieving cultural recognition in the reserve.

Minutes of Tangata Whenua meetings do not confirm that specific indigenous planting (as defined by
cultural recognition elements) is required over the whole length of Te Ara O Wairakei.

 26. The Stage 1 Plan plant selection and planting approach is consistent with Council’s landscape
    treatment in stormwater devices generally, including high amenity stormwater reserves. The Stage 1
    Plan is not different or unusual with respect to landscape treatments for stormwater devices and
    meets Council specifications.

There has never been any real consultation with the Palm Beach Reserve residents before the Landscape
Plan was signed off. Meetings were supposed to have been held with Palm Beach Reserve residents around
the time meetings were held at Evans Road, Fashion Island and elsewhere. However, a meeting for these
Palm Beach Reserve residents was never scheduled by the Council.

Palm Beach has a stormwater system which works perfectly and has done so for over 25 years.

 27. As per CSC requirements significant consultation has already occurred during plan development and
    immediately prior to and during its implementation. Consultation and engagement continue to this
    day.
    Consultation thus far, as it relates to the landscaping elements, has included:
    . A letter to all landowners who border the reserve
    . Public open days
    . Presentations to community groups and at council meetings
    . Project profiles in newspaper articles and on the council website
    . Plans made available online and at the Papamoa Community Centre with the ability
      to give direct feedback.

Consultation with community groups and adjacent landowners was not carried out, as required by Clause 9
of the CSC, before the draft report was submitted to the BOPRC.

There is a mismatch of expectations here. If a letter was sent, why can no residents recall reading
it or finding it. The whole process for the local landowners was for them to find out, whereas with the
Tangata Whenua, the Council was proactive and sought them out.

This was just mock consultation to the landowners and ratepayers.

 28. In relation to Tangata Whenua, consultation has comprised targeted workshops with Tangata
    Whenua representatives to ascertain cultural values for the corridor and facilitate development of
    Cultural Plans which will ultimately lead to implementation of cultural elements (e.g. plant species
    selection planting approach, pou, interpretation panels etc.) To date, development of cultural
    interpretation elements continues with implementation anticipated in late 2020.

The Friends of Palm Beach Reserve are also guardians of the land and have a very special affection for this
area.

29. Attachment 1 to this report provides a log of all consultation and engagement (Community and
    Tangata Whenua) relating to this project from early 2016 to current. For community consultation it
    identifies the relevant party, the method of engagement and includes a link to any associated
    material prepared. Tangata Whenua meeting/workshops dates are also noted, and minutes are
    available should they be required.

This confirms that the paltry attempts at consultation did not happen prior to completion of the draft
Landscape Plan.

SIGNIFICANCE

 30. Under the Significance and Engagement Policy 2014, this project is of moderate significance as it is
    likely to have moderate public interest.

This project has very high public interest

NEXT STEPS

 31. The following arrangements are proposed relating to planting and maintenance of vegetation in the
    Stage 1 corridor (including the Palm Beach West area) until such time as a further update on the
    project is received from staff in mid-2021.
    These arrangements include: -
    - No further new planting within the Stage 1 corridor as a whole until mid-2021
       (the commencement of the 2021/22 Financial Year).
    - Continuation of maintenance, including grass mowing, trimming and weed/dead
        plant removal where required. This extends to replacement of dead plants
        (like for like) to ensure adequate vegetation coverage to suppress weed growth, and to aid in
        stabilisation of stream banks and prevent erosion.

 32. Staff propose continued engagement with residents in the Palm Beach West area and the wider
    community until such time as a further update to the Committee on the project is provided by staff in
    mid-2021. The objective of this continued engagement will be to develop an appropriate plan for
    planting the Palm Beach West area that meets the requirements of the CSC. This engagement will be
    carried out under advisement of the Project Engagement Specialist and will utilise a combination of
    the methods previously used to date.

The FOPBR are questioning why the Council will not listen to the residents in the Palm Beach Reserve area.
The message is very clear, stop the planting, restore the grass. Do not waste our ratepayer’s funds on
continued usage of third-party consultants trying to change the views of the residents. See Palm Beach
Reserve for what it is, a unique grassed park in Papamoa. There are sufficient other areas of waterways
and normally dry stream beds which need extensive and expensive upgrading.

ATTACHMENTS

   1. Stage 1 Wairakei Stream Landscape Plan Consultation Timelines – A10460508

Interesting to note that a special agreement has been made on an ad hoc basis to not plant in certain areas
of Palm Beach Reserve for the model yacht clubs.

Location of Palm Beach Reserve

Detail of Palm Beach Reserve

Palm Beach Blvd                                 Santa Monica Drive Gravatt Rd

Santa Barbara Dr           Sovereign Drive

Waterways are shown in Blue. Green area around waterways is grassed.

Palm Beach Reserve looking superb after the heavy rain of the weekend. Pond levels are
back to the normal level.