There were no apologies.

Pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the Chairman called for late items to be accepted. There were none.

In February 1999 consent was granted under delegated authority to an application by JF & KE Pulman to subdivide Lot 1 DPS 70754, Top Road, Patetonga, into two lots. A late objection to condition 4 has been lodged.

A detailed report outlining the objection was attached.

A hearing had been scheduled for 9.15 am. The hearing commenced at 9.15 am.

Mr & Mrs Pulman (applicant) and Mr V Baker (surveyor) attended the meeting for the benefit of the hearing.

Mr Baker advised that the application had been granted subject to certain conditions. The applicants had objected to condition 4 – "That a Class B (standard Rural Vehicle Entrance) as specified in Section 9.3.3 of the District Plan shall be constructed for Lot 2 at the location shown on Plan 3309 (Sept 1998 – Vaughan D Baker)."

He felt that a class C entrance would be adequate for the lot as it would only be used for small scale traffic. A right of way would be made over the corner of the neighbour’s property. A copy of a letter was tabled from the neighbour confirming that a right of way in favour of Lot 2 on the subdivisional plan over part of his property which was presently inside the existing boundary fence and which was presently used by Mr and Mrs Pulman was acceptable. This would be included in the land transfer plan.

Mr & Mrs Pulman advised that the 4 hectare property would be used as a runoff for grazing purposes.

The main issue was whether a Class B entrance was needed, or whether the standard could be scaled down to a Class C.

Ms van Steenbergen advised that the lot was defined as a farming lot and the District Plan required that a Class B entrance was required due to the fact that trucks could be using the entrance at some time.

Cr Tregidga advised that trucks needed to be able to enter and exit the entranceway without crossing the centre line of the road. He also advised that the vehicle entrance standards were being reviewed at present. There was also concern that too many Class C entranceways were being allowed.

Mr Baker advised that the physical dimensions at present were to Class C standards, and tankers and trucks had used the entrance in the past.

The standard of Top Road was queried. It had a sealed carriageway but did not have a centre line and there was a low volume of traffic that used the road.

Ms van Steenbergen commented that this application demonstrated that more accurate information regarding entranceways was required at the scheme plan stage.

The hearing closed at 9.35 am.

The Committee advised that Council’s decision was reserved until it had considered all the evidence presented and all other relevant matters.

After considering all the evidence the Committee decided:

RESOLVED

THAT the objection by JF & KE Pulman in respect of condition 4 of their subdivision consent (81.110.705) be upheld on the grounds that the limited physical area available for the entrance, the relatively low vehicle count on Top Road, its narrow carriageway and the size of the lot being served, mean that a Class C entrance is more appropriate than a Class B entrance in this specific case, and further that condition 4 of the Council’s Consent to the subdivision of Lot 1 DPS 70754 be amended to read as follows:

4) That a Class C (standard Rural Vehicle Entrance) as specified in section 9.3.3 of the District Plan shall be constructed for Lot 2 at the location shown on Plan 3309 (Sept 1998-Vaughan D Baker)

and that the following additional conditions be added:

11) That a Right of Way in favour of Lot 2 shall be created over Pt. 1 DP35449.

12) That the Right of Way shall be formed in accordance with the appropriate standard set out in performance standard 9.3.19.

HC00/12 Gordon/Carmine CARRIED

Mr Bierre (Supervising Officer – Monitoring) advised that as of 1 April 2000 these applications no longer had to be dealt with by the Liquor Licencing Agency in Wellington and could be investigated and decided by Council as long as the applications were unopposed.

The Waihi Memorial RSA Club Inc under the Sale of Liquor Act 1989 have applied for the Renewal of their Club Licence with an application to extend the current hours of operation on Anzac Day only.

A detailed report was attached.

RESOLVED

THAT pursuant to Section 53 of the Sale of Liquor Act 1989 that the licence for renewal with variation to hours on ANZAC Day for the Waihi Memorial RSA Club Inc for consumption on the premises by a) any member of the club;

b) any person who is a guest of and accompanied by a member of the club;

c) any member of any other club with which the holder of the licence has an arrangement for reciprocal visiting rights for members of the clubs be issued subject to the following conditions: -

CONDITIONS:

1. The club shall have a secretary at all times.

2. Within 10 working days of the appointment of a new secretary, the club shall inform the Secretary of the Liquor Licensing Agency of the name of the new secretary.

3. All proceeds from the sale of liquor shall belong to the club

4. The club shall have available for consumption on the premises, at all times when the club is open for the sale of liquor, a reasonable range of non-alcoholic refreshments

5. Liquor may be sold only on the following days and during the following hours.

Monday to Sunday 9.00 a.m. to 1.00 a.m. the following day.

Anzac Day 5.30 a.m. to 1.00 a.m. the following day.

6. Food shall be available for consumption on the premises as follows:

At all times when the premises are authorized to be open for the sale of liquor, food of a range and style similar to that shown on any menu submitted or a range of snack foods in the nature of pies, sandwiches, filled rolls, pizzas and the like, shall be conveniently available for all members and their guests and the availability of those foodstuffs shall be notified to them by appropriate notices throughout the premises.

7. The Club Committee shall ensure that the provisions of the Act relating to the sale and supply of liquor to prohibited persons are observed and display appropriate signs adjacent to every point of sale detailing the statutory restrictions on the supply of liquor to minors and the complete prohibition on sales to intoxicated persons.

HC00/13 Tregidga/Carmine CARRIED

The applicant Brendon Lee Jones employed at the Waikino Tavern has applied for the granting of a General Managers Certificate. Pursuant to Section 117 of the Sale of Liquor Act 1999 the District Licensing Agency is duly authorised to consider and may grant such licence from 1 April 2000 if there is no opposition.

A detailed report was attached.

RESOLVED

THAT pursuant to Sections 121 and 122 of the Sale of Liquor Act 1991, that a General Managers certificate be granted to Brendon Lee Jones as per the following prescribed format.

Subject to the requirements of the Act relating to fees, and to the provisions of the Act relating to the suspension and cancellation of manager’s certificates, this certificate shall continue in force

Until the close of the period of 1 year commencing with the date of its issue; or

If an application for the renewal of the certificate is duly made, until the application is determined; or

If the certificate is renewed, until the close of the period for which it is renewed.

HC00/ 14 Carmine/Gordon CARRIED

The meeting adjourned at 9.50 am until 10.10 am.

The applicant ME Kennedy has applied to subdivide 3C2A and Part 3D2 Kopuarahi Blks into 4 lots. Lot 1 of 4000m²; Lot 2 of 2.25 hectares; Lot 3 of 2.95 hectares and Lot 4 of 18.39 hectares. This land is presently in 2 titles of 7.12 hectares and 16.89 hectares and forms part of a larger dairy farm, immediately adjoining Lot 4. Departure from performance standard 9.3.3 – vehicle access and crossings is being sought for proposed Lot 4.

A detailed report outlining the application was attached.

A hearing had been scheduled for 10.00 am. The hearing commenced at 10.10 am.

Mr M Kennedy (applicant) and Ms L Benson (surveyor MJ Dunwoodie Ltd) attended the meeting for the benefit of the hearing.

Ms Benson tabled a written submission in support of the application. She advised that the purpose of the submission was to object to the recommendations contained in the Planner’s report to decline the proposal to subdivide two parcels of land owned by her client’s into 2 ha lots, one residential lot and a balance area of approximately 18ha.

Comment was made that creation of small lots on Class I-III land was contrary to the District Plan. This was to be reviewed soon.

Mr Kennedy explained that the proposed subdivision was to help realise commercial objectives relating to their farming commitment.

Cr Tregidga clarified that surplus houses were being allowed to be subdivided off farms only in cases where the house was being rented and no longer required for farming purposes and where the second dwelling on a title or the balance of the land could be amalgamated with land with a dwelling.

Ms van Steenbergen advised that each lot created would potentially be sold and a new owner would require an entrance. This could be linked to the sale of the lot and when a building consent was applied for a Class B entranceway would need to be constructed.

Various other options for subdividing the property were also possible. The surplus house lot was a separate issue. Lot 1 should logically be part of Lot 3 or Lot 2, to reduce fragmentation of the land. It would reduce the open rural character of the land if three lots were allowed.

Cr Tregidga commented that at the time of the consultative process with farmers the indications were that this type of proposal was not what was wanted.

Mr Kennedy commented that the surplus house was certainly surplus to the operation of the farm.

The hearing closed at 11.00 am.

The Committee advised that Council’s decision was reserved until it had considered all the evidence presented and all other relevant matters.

After considering all the evidence the Committee decided:

RESOLVED

THAT pursuant to Section 105 of the Resource Management Act, Council decline to consent to this non-notified non-complying activity application to subdivide 3C2A and Pt 3D2 Kopuarahi Blks into 4 rural lots on the grounds that:

The proposal is contrary to the objectives and policies of the District Plan, as the creation of Lot 1 in addition to Lots 2 –4 will result in undue fragmentation of Class 1-III land and potentially reduce the open rural character of the area.

The proposal is contrary to the "surplus house lot subdivision policy" developed by Council.

AND FURTHER THAT the Council granted consent to the subdivision of 3C2A and Pt 3D2 Kopuarahi Blks into 3 rural lots which comply with the controlled activity rules being Lot 2 of 2.25 hectares, Lot 3 of 3.35 hectares and Lot 4 of 18.39 hectares,

1. That the following easements be created:

2. That the drain covered by easement A shall be constructed/upgraded to comply with the requirements of performance standard 9.3.20 of the District Plan.

3. That an easement in favour of Council be created along the drain along the southern boundary of Lot 2 for drain maintenance purposes. The easement shall comply with the requirements of performance standard 9.3.20 of the District Plan.

4. That a Class C (Standard Rural Vehicle entrance) as specified in performance standard 9.3.3 of the District Plan shall be constructed for Lot 2 – at a position 20 metres north of the common boundary of Lots 2 and 3.

5. That proposed Lot 1 be deleted and the area incorporated into Lot 3.

6. That the subdivision be reticulated for power.

Note: Should United Networks be employed to do this, it requires the following work to be carried out:

"from the existing overhead reticulation, install a two phase underground cable across Bush Road to a distribution fuse pillar on the boundary of Lot 2"

7. That a Community Recreation Facilities contribution of $1935.86 plus GST, per lot, be paid to Council for 1 additional lot (Plains Ward).

8. That Engineering drawings and specifications covering all engineering works shall be submitted to the Manager of Planning and Environmental Services for consideration and approval prior to commencement of any work.

9. That three copies of "as built" plans shall be submitted to Council upon completion of construction showing the details as required by NZS 4404:1981.

10. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the Applicant shall pay Council charges for receiving, processing and granting the Resource Consent.

11. That pursuant to Section 36(1)(c) of the Resource Management Act 1991, the applicant shall pay an administration fee of $60.00 for administration of the consent.

12. That pursuant to Section 36(1)(c) of the Resource Management act 1991, the applicant shall pay all Council’s costs for monitoring this consent including all costs associated with the consideration and certification of plans and details associated with the consent as appropriate.

Note: A class B (Standard Rural Entrance) shall be constructed for Lot 4 at the time the grant of a Building Consent for a dwelling on that lot.

HC00/15 Carmine/Tregidga CARRIED

The meeting closed at 11.40 am.

CONFIRMED

J Tregidga

May 2000