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Proposed road stopping and easement application at Martin Lane, Horsham Downs, from the Village Church Trust

The Village Church Trust who operates a church at 10 Martin Lane, Horsham Downs is proposing to expand its church and facilities.

To enable this expansion the Trust has applied for an easement and requested Council stop a portion of Martin Lane.

The Waikato District Council is now publicly notifying both processes to better understand the views of the public.

Public notification for the easement and road stopping proposal was published in the Waikato Times public notice section on 16 January 2023. The final date for objections or submissions is 3 March 2023.

While the easement and road stopping processes are being notified together, they are managed under separate legislation. Submissions/objections are considered differently. 

Road stopping Notification – Process Summary

The Trust has requested Council to consider stopping a portion of Martin Lane for its proposed courtyard and buildings under section 342 of the Local Government Act 1974.

-       The legislation provides that only objections can be accepted on the road stopping. Submissions in support of the road stopping cannot be considered.

-       During notification two signs (one at the start and one at the end) will be placed on Martin Lane.

-       If objections are received, Council may facilitate discussions between the Objector(s) and the Trust to see if a resolution can be met. If objection(s) are not withdrawn following these discussions, the Council must consider either declining the road stopping process or requesting a decision from the Environment Court.

-       If no submissions are received the Council may declare the road to be stopped.

What is road stopping?

Road stopping is a process whereby an adjacent landowner may request to purchase legal road that is no longer required by the Council.

If the road serves no purpose to the public, and Council have no plans for development the landowner may be successful. 

While Martin Lane is a formed active road, any legal road whether formed or unformed has the same status under the legislation and may be stopped. 

Where a road requested to be stopped has an element of public use (vehicle or pedestrian), a publicly notified process is required to ensure the views of public are understood and considered.

If the Trust is successful, the road will be declared stopped, sold to the Trust at market land value and amalgamated under their adjacent land title. 

Easement Notification – Process Summary

The Trust applied for this easement to enable vehicle access from a proposed carpark behind the existing church building under section 48 of the Reserves Act 1977.

-       Council will consider both objections (against) and submissions (in support) of the easement.

-       When submitting your objection or submission you can request to be heard in front of the Council to speak to your submission.

-       All submissions and objections will be given full consideration and will be submitted in a report to Council's Infrastructure Committee.

Submitting your objection or submission

Additional information is available in reports to Council's Infrastructure Committee.

You can view the road stopping report in 19 September 2022's Infrastructure Committee Meeting agenda, starting on Pg 108, here.

You can view the easement report in 8 September 2021's Infrastructure Committee Meeting  agenda, starting on Pg 46, here.

A physical copy of the Trust's proposal is available at Council's Ngāruawāhia Office front foyer area, 15 Galileo Street, Ngāruawāhia 3720.

Please submit your objection or submission by 3 March 2023 to:

Email: strategic.property@waidc.govt.nz

Post to: Private Bag 544, Ngāruawāhia 3742

Physical address: 15 Galileo Street, Ngāruawāhia 3720

Please clarify which process you’re submitting on, and please make it known if you wish to submit on both processes just one.

It is important to note that this current notified process is not considering feasibility of car parks, buildings or facility development. The Trust will apply for these activities at a later date.

Please contact strategic.property@waidc.govt.nz if you have any further queries.

 

 

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