Guiding the future of the Bayswater Marina Land

Overview
Bayswater planning documents
Next steps
Development proposals for the Bayswater Marina Land
The marginal strip
Lease for the ‘New’ Reclamation and Public Access
Further information

Overview

We started preparing a structure plan to guide future development of the land around the Bayswater marina in mid 2000.

Most of this land has been reclaimed from the sea. It covers about 5 hectares, and includes the historic and new reclamations next to the marina, and the northern reclamation north of the Takapuna Boating Club.

After consulting the community and conducting research, we released a draft structure plan in May 2001. The structure plan is being used to:

• Establish future District Plan provisions for the area
• Determine our position on existing appeals to the District Plan
• Clarify ownership and lease issues
• Assess resource consent applications
• Link how the land is used with public transport improvements.

Bayswater planning documents

February 2001
Consultation document: Guiding the future of the Bayswater Marina Land PDF (2.18 MB)

May 2001
Background document: Information relating to the Bayswater Marina Land PDF (236 KB)
Draft Structure Plan: Bayswater Marina Land PDF (398 KB)

August 2001
Further work since the release of the draft structure plan PDF (924 KB)

Next steps

The diagram below shows the steps we must take before finalising the structure plan.

Development proposals for the Bayswater Marina Land

Bayswater Marina Developments Ltd lodged a resource consent application in August 2000. The application proposes development in the structure plan area. North Shore City Council and Auckland Regional Council have requested further information from the applicants. The application is on hold and will be publicly notified once we have received this information.

In April 2005 ARTNL Harbour Berths Limited lodged a resource consent application with North Shore City Council and Auckland Regional Council to construct a ferry terminal building on the Council-owned wharf, as well as bus shelters, and a bus manoeuvring area on the adjacent Council-owned land. This application has been publicly notified, but is currently on hold, awaiting further information from the applicant. Once this is received, a hearing will be held.

The draft structure plan and the variation decisions are to be taken into consideration when considering all applications for resource consent.

The marginal strip

A marginal strip is an area of land around the water’s edge that the Crown must reserve if it disposes of land. The strip reserved is usually 20 metres wide. The Department of Conservation (DOC) publicly notified an application from Bayswater Marina Developments Ltd to reduce the width of the marginal strip, and submissions closed on 8 August 2001. Bayswater Marina Ltd applied for the marginal strip’s width to be between three and nine metres, as shown on a plan which accompanied their application. North Shore City Council lodged a submission on the application asking that the marginal strip be 15m in width. Other parties also lodged submissions.

In May 2002, the Minister of Conservation's delegate decided that the width of the marginal strip at Bayswater should be nine metres. In June 2002, we initiated a judicial review of that decision, and the matter was considered in the High Court between 10 – 12 March 2003. In a judgement released on 1 April 2003, Judge Randerson set aside the Minister of Conservation’s decision, and declared that the Minister ought to reconsider the decision according to law, and in light of the judgement. Bayswater Marina Ltd appealed the High Court decision to the Court of Appeal.

As a consequence of the passage of the Foreshore and Seabed Act 2004, and Bayswater Marina Development Limited’s withdrawal of both its Court of Appeal case, and its application to DoC for a reduction in the marginal strip, the Crown did not seek to reserve a marginal strip at Bayswater. Instead, it decided to reserve a public access strip by means of the lease provisions for the ‘new’ reclamation.

Lease for the ‘New’ Reclamation and Public Access

On January 27 2006 the Department of Conservation (DoC) and Bayswater Developments Limited (BMDL) agreed a lease for the ‘new’ reclamation (Lot 1 DP309604). DoC has agreed to lease the land to BMDL for 35 years, with two rights of renewal, bringing the total term of the lease to 105 years. Under the lease, the Crown retains a 15 metre public access strip around the seaward edge of the reclamation. One of the conditions of the lease is that there will be public access to and over the public access strip. BMDL must also allow the public access to public areas. The lease defines public areas as those parts of the land that are required to be available to the public through conditions of resource consents.

Further information

If you have any comments or queries, please contact Leslie Vyfhuis on:

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