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Public Notice for the proposed road stopping and easement application at Martin Lane, Horsham Downs, from the Village Church Trust.

The Village Church Trust (‘the Trust’) who operate a church at 10 Martin Lane, Horsham Downs are looking to expand their church and facilities. To support this expansion the Trust applied for an easement and requested Council stop a portion of Martin Lane.

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

Reports to the Council Infrastructure Committee

Road stopping

  • Report (attachment 1)
    • This report was submitted to the Infrastructure Committee on 19 September 2022 date and the resolution passed.
  • Development Plans (attachment 2)
  • Road stopping process map – Local Government Act 1974 (attachment 3)

Easement report

  • Report (attachment 4)
    • This report was submitted to the Infrastructure Committee on 08 September 2021 and the resolution passed.

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

The Trust has requested the Council to consider stopping a portion of Martin Lane for their 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, the 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 If objection(s) are not withdrawn following these discussions, the Council must consider either declining the road stopping process or requesting a decision from the Environment Court.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.

Easement Notification

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 the Councils Infrastructure Committee.

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. Most road stopping requests arise when a landowner identifies a dead end unformed legal road bisecting their property. 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 are successful, the road will be declared stopped, sold to the Trust at market land value and amalgamated under their adjacent land title.

Submitting your objection or submission

Please read all information in this letter before you submit on either process.

Submissions and objections will not be accepted until the public notice is published on 14 November 2022. Also, no submissions/objections will be accepted after the notified closing date.

Submit your objection or submission to:

Post to: Private Bag 544, Ngāruawāhia 3742
Physical address: 15 Galileo Street, Ngāruawāhia 3720

Clarify which process you’re submitting on. Clearly make it know if you wish to submit on both processes just one.

Please note that this current notified process is not considering feasibility of the carparks, buildings or facility development. The Trust will apply for these activities at a later date.

Further information

If you’re having trouble seeing the linked reports above, a physical copy of the Trusts proposal will be provided at the Councils Ngāruawāhia Office front foyer area, 15 Galileo Street, Ngāruawāhia 3720.