Local News

Could we have some manners please?

0 Comments 13 May 2015

Removal vehicle access over Walkway

BVRLauchieFenceThe Waitakere Ranges Local Board (WRLB) is about to remove vehicle access over Seaview Walkway Reserve- otherwise known as The Milk Track – without notifying affected properties & neighbours !

The Beach Valley Road Project has done much work and design in this area – it would be ‘good manners’ to give a heads up to the surrounding property owners and the Beach Valley Road Project of this Agenda item !

I have corrected some of the history of this  area below in red and italics. 

The following is from the WRLB Agenda for meeting 14/5/15 (Item 13)

Purpose
1. The purpose of this report is to seek support from the Waitakere Ranges Local Board for the removal of unauthorised vehicle access over Seaview Walkway Reserve in Piha.
Executive Summary
2. Three properties, 71 Seaview Road, 30 and 32 Beach Valley Road have obtained vehicle access to parts of their properties across Seaview Walkway, which is managed as Local Purpose (Accessway) Reserve pursuant to the Reserves Act 1977.
3. In 2010 concerns were raised with Local and Sports Parks West (LSP) from members of the Piha community [Piha Ratepayers & Residents & Helen Pearce – Editor] regarding vehicles accessing private property over the walkway.
4. Change of ownership, boundary disputes and reluctance by private property owners to create legal vehicle access to their properties have delayed efforts to resolve the matter.
5. The owners of 32 Beach Valley Road have recently constructed a boundary fence and realigned vehicle access within the boundary of their property.
6. 71 Seaview Road has confirmed they do not require vehicle access to their garage over the reserve and do not wish to apply for an easement.
7.  30 beach Valley Road has confirmed if their current vehicle access to their property over the walkway is prevented they would prefer to form access directly to legal road rather than apply to council for an easement.
Recommendation/s
That the Waitākere Ranges Local Board:
a) Approves installation of vehicle barriers at the Beach Valley Road end of Seaview Walkway, 6 months from the date of this Local Board resolution.
b) Supports Local and Sports Parks West staff continuing to work with the owners of 71 Beach Valley Road with regard to extending boundary fencing and improving safe pedestrian access at the top of the walkway.
c) Requires the registering of a file note on the LIM of 71 Beach Valley Road stating access to the garage is not permitted across Seaview Walkway. This was removed from the motion.
d) Requires installation of signage promoting Seaview Walkway [Locally known as the Milk Track – Editor]
Comments
Background
8. Seaview Walkway Reserve was vested in the Crown in 1933 at the time of the original subdivision of a portion of the Piha Block.  Along with the other reserves within this subdivision, it was subsequently vested as Plantation Reserve in the County of Waitemata in 1967 under Section 44(3) of the Counties Amendment Act 1961 and is now managed as Local Purpose (Accessway) Reserve pursuant to the Reserves Act 1977. Currently there are
no legal easements registered on Seaview Walkway.
IMG_9425b9. In 2010 repairs and maintenance work was carried out to alleviate health and safety issues of an open drain running down the walkway along the boundary of 30 Beach Valley Road. [Correction: The Beach Valley Road Project requested Council install some drainage on the track to stop the scouring (photo)  of the surface each winter subsequently making it dangerous for pedestrians.  We have photographic evidence of this – Editor] Shortly after members of the Piha community [Helen Pearce – Editor] raised concerns with Local and Sports Parks West about private vehicle access over the walkway to 30 and 32 Beach Valley Road. Upon further investigation, it was found that a garage at 71 Seaview Road also fronted the walkway.
10. None of the properties has legal easements or any other formal agreements permitting access.
11. Numerous attempts to resolve the issue have taken place since 2010; however change of ownership at 71 Seaview Road, a dispute regarding the boundary and vehicle access alignment to 32 Beach Valley Road and reluctance from the owners of 30 Beach Valley Road to cease use or formalise access over the walkway have slowed progress.
General
32 Beach Valley Road
12. Recently the owners of 32 Beach Valley Road constructed a fence along the boundary of the walkway and realigned vehicle access to their property.
71 Seaview Road
13. A building permit was issued in 1986 for a garage that fronts the walkway. The approved site plan was incorrect in that it showed access directly to Seaview Road and an incorrect location of the house and proposed garage in relation to Lot boundaries. In addition the garage has not been built in accordance with the site plan and there is no record of authorised vehicle crossings.
14. The owners of 71 Seaview Road have confirmed in writing to the Manager LSP West that they do not do not require vehicle access across the walkway to their garage as it is set back 4.2m from the reserve boundary and there is sufficient practical access within their property.  Furthermore they have plans to re-locate or rebuild the garage in a more suitable location in the future.
30 Beach Valley Road
15. Currently vehicle access to 30 Beach Valley Road is achieved from the walkway at three separate locations, approximately 5m, 22m and 37m from the Beach Valley Road boundary.
16. Since 1990 a number of unauthorised works have occurred on the property, and the number of crossings has increased. A 1990 permit for an extension to the existing house shows a separate driveway directly to Beach Valley Road (refer attachment 1). A letter in 1990 from the Waitakere City Council, to the then owner, identified that the driveway appeared to be coming off the reserve, and would need to be relocated onto the property – it was then noted on file that the plans show the driveway within the owner’s property.
17. The current owners have advised that if use of the existing access across the reserve to their property is to be terminated, they would prefer to form access to legal road rather than seek an easement from council.
18. Creating vehicle access to the existing parking areas within the property will require septic tank relocation, driveway formation and construction of a retaining wall and boundary fence.
19. An alternative lower cost option may be to develop the flat lawn area adjacent to the road that is large enough to accommodate vehicle parking for at least two vehicles. Auckland Transport has confirmed forming vehicle access directly to legal road is achievable however highlighted the need to ensure enough space to manoeuvre within the site to avoid the need to reverse on to the road and that good visibility of the driveway at number 32 is retained to avoid collisions.
20. The walkway is well used by Piha residents. The fence constructed along the boundary of 32 Beach Valley Road has narrowed the entrance to the walkway considerably limiting visibility for vehicles entering and exiting 30 Beach Valley Road and further compromising the safety of pedestrians and cyclists using the walkway.
21. A 6 month grace period is sought to allow the owners to address the relocation of their vehicle access before bollards are placed at the Beach Valley Road entrance to prevent vehicle access.
Consideration
Local board views and implications
22. The Local Board has the delegation to make decisions on local parks. Support is sought to ensure that the private accessways across Seaview Walkway are removed and that works are undertaken to improve this reserve.
Implementation
23. LSP West staff will commission the installation of appropriate vehicle barriers at the Beach Valley Road entrance to the walkway and work with the owners of 71 Beach Valley Road with regard to extending boundary fencing between their property and the walkway and improving safe pedestrian entry and exit to and from the top of the walkway.

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