1. The council holds and manages road reserve for specific current and future purposes. These include footpaths and formed roads for existing public use and unformed road for future roading network requirements.Cognitive factors in learning road reserve may be utilised for private purposes as long as it meets the requirements of this policy and any other requirements as determined by the council until such time as the land is required for its primary purpose.Cognitive factors in learning

3. The council generally considers ‘road stopping’ (where the applicant purchases unformed legal road) to be the preferred procedure for accommodating buildings and structures of a permanent nature on road reserve.Cognitive factors in learning ‘road stopping’ is preferred to an encroachment licence due to the longevity of the building or structure in relation to the primary purpose of the road reserve and its potential future use.Cognitive factors in learning ‘road stopping’ removes the lands implied rights as a road and transfers the land into the ownership of the purchaser.

• applicant eligibility- is the applicant the owner or lessee of the adjoining land or an owner/lessee of land in the vicinity of the proposed encroachment area?Cognitive factors in learning the applicant is required to own/lease the adjoining land or land within the immediate vicinity of the encroachment and should continue to own/lease this land for the period of the encroachment.Cognitive factors in learning

• assessment of public benefit- could the encroachment provide any benefits for the public such as reduced maintenance or enhanced public enjoyment?Cognitive factors in learning are there any mitigation measures or changes to the design or location that would enhance public benefit? The applicant will be required to assess any actual or perceived benefits and potential adverse effects as part of the application process.Cognitive factors in learning the council will then assess the benefits in terms of the environmental, social, cultural and economic well-being of the community.

• alternatives to encroachment- is the encroachment onto road reserve necessary or can the applicant use their own land or make an arrangement with other private parties?Cognitive factors in learning the encroachment onto council land should be the most appropriate/only option available to the applicant. If there are other practical alternatives to encroaching on road reserve then the application may be declined.Cognitive factors in learning consideration will be given to the relative cost of any alternative.

• legislative requirements and planning considerations- does the proposed encroachment require any other legislative approval?Cognitive factors in learning is the encroachment contradictory to any of the underlying principles or planning considerations of the operative new plymouth district plan, any relevant reserve management plan, any other council plan, community plan or other initiative for the area?Cognitive factors in learning the application may be declined if it is significantly contradictory to such considerations or if it cannot obtain any other necessary legal approvals.Cognitive factors in learning

• comment and feedback from property owners and occupiers in the immediate neighbourhood- are there any persons that have been identified by the council which may be affected by the proposed encroachment in relation to the assessment criteria as detailed previously in this policy?Cognitive factors in learning A council officer may undertake a site visit to assess the proposed encroachment and identify any potentially affected parties. An identified affected party will then have an opportunity to provide comments and feedback on the proposed encroachment.Cognitive factors in learning affected parties may include; the owner(s) of the property which is applying for the encroachment (if the property is leased), adjoining property owner(s), any relevant service providers.Cognitive factors in learning all affected party comments and feedback will be considered in the assessment of the encroachment licence application.