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.

RESOLVED

THAT pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the following late item be accepted for discussion.

Request for Extension of Subdivision Consent: T Horton, Bradford Street, Waihi

The item was not on the agenda because information had become available after the agenda deadline.

Discussion on the item could not be delayed because consideration needed to be given to the matter before the next meeting.

HC00/15 Tregidga/Gordon CARRIED

HC00/16 Carmine/Gordon CARRIED

There were no matters arising.

RESOLVED

THAT the minutes of the meeting of the Hearings Committee held on 6 April 2000 be taken as read and confirmed.

HC00/17 Tregidga/Carmine CARRIED

There were no matters arising.

The applicants, GJ & WG Giles (Thomson and Farrer Registered Surveyors on behalf of) have applied for subdivision consent to subdivide their residential property (legally described as Lot 3 DPS 8897) located at 3 Whiritoa Beach Road, Whiritoa, into 4 lots (to be completed in two stages).

A detailed report was attached.

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

Mr G Giles (applicant), Mr W Giles (applicant) and Mr R Hewison (Registered Surveyor, Thomson and Farrer) attended the meeting for the benefit of the hearing.

Mr Hewison tabled a written submission in support of the application and referred to plans of the proposed subdivision on overheads.

He outlined the history of the property and the first application. In August 1999 an application for a resource consent (subdivision consent) was submitted for consideration and approval by Council pursuant to the provisions of the Resource Management Act 1991. The proposal involved creating four lots and therefore three additional titles. It was submitted that the proposal could be considered as a whole or as a two stage proposal where stage one would create 3 lots and stage 2 would be a subdivision of one of the lots into two lots with a right of way, resulting in 4 lots overall. Part of Council staff’s response to this required confirmation of the diameter of the stormwater pipe, which crossed the land. It was believed that it had a 450 diameter but this would need to be confirmed.

Mr Hewison then outlined the amended application – first stage - Lots 1 to 3. This amended application was lodged with Council on 15^th February 2000 and replaced that already submitted. It confirmed that the diameter of the existing stormwater pipe was 300 mm and not the 450 mm as Council staff believed.

Mr Hewison then referred to the amended application – second stage – Lot 3 of Stage One to become Lots 4 and 5. The proposal involved creating one additional lot and therefore one additional title.

Additional comments on the proposal were made regarding road frontage, two stage development, ponding area, effects of building on Lot 4 (stage 2) and stormwater easement width. Photographs were shown of the ponding area on the site from Council’s records.

In conclusion Mr Hewison advised that if Council decided to refuse consent to the Stage 2 proposal then a request is made to delay the issue of a consent for Stage 1. If Stage 2 is not to proceed then there would be no need for a right of way to be constructed as the boundaries of Lots 2 and 3 could be altered to provide Lot 2 with its own independent access to Whiritoa Beach Road.

Cr Tregidga asked if the applicants were happy with this proposal being looked at as a whole. Mr Hewison advised that they were.

Cr Tregidga commented that the effects of the whole application needed to be looked at.

The District Engineer explained where the water came from that caused the ponding on the section. It came from a number of sources and the stormwater system in Whiritoa had a very limited capacity.

Mr Hewison advised that they were suggesting that construction of a building on the lot would not increase the effects of flooding on the site.

Ms Shanks advised that three lots were not a problem, the issue was whether Council wanted to approve stage 2 of the application with Lot 4 effectively being a ponding area. She highlighted that approving of stage one would require a condition requiring that no fill or buildings be allowed in the natural ponding area.

Cr Tregidga asked if the application was just for Lot 4, would a dwelling be allowed.

Ms van Steenbergen replied that under the Building Act it would, but the ponding area as well as a combination of other factors and limitations on the site were of concern.

Miss Shanks commented that regarding the 4.5m frontage this was not a concern as long as adequate access and sight distance could be provided to the satisfaction of the District Engineer.

Regarding the stormwater easement width, the 4 metre easement was not solely for the existing pipe, but to have space to remove it or to put in a new one.

The District Engineer explained that the stormwater line was an asset that needed to be protected. It mainly served the roading network and was sized to take all the road sumps. It could be maintained as of right due to it being a Community Asset. He agreed that such pipes were a hindrance on sites and this was recognised. He confirmed that he was agreeable for the applicant to build over the pipes on Lot 3 as long as an alternative was provided.

Clarification of ponding area and other limitations of Lot 4 was asked for. Ms van Steenbergen advised that the other limitations were the easement and now the District Engineer had clarified this it had reduced the limitations on Lot 4. Concerns of the spilling out of the pond by reducing the volume were another main concern.

The frequency of flooding on the site was questioned. There was some uncertainty on this issue.

The main concern was the lowness of the section and whether a dwelling should be allowed to be built on the site (Lot 4).

Mr Giles advised that the previous night there had been a torrential down pour and there was no sign of ponding on the site the next morning. He commented that he would like to see it indicated on a LIM report that the site was subject to ponding.

Cr Tregidga commented that a condition could be put on the application restricting the type of building that could be erected on the site.

The hearing closed at 10.35 am.

The Committee reserved its decision until consideration had been given to the evidence and all other relevant matters.

The meeting adjourned at 10.35am until 10.50 am.

After considering all the evidence the Committee decided:

RESOLVED

THAT pursuant to Section 105 of the Resource Management Act Council grant consent to this non-notified non complying activity application to subdivide Lot 3 DPS 8897, located at 3 Whiritoa Beach Road, Whiritoa, into four residential lots (shown as Lots 1, 2, 4 and 5) on the grounds that:

• The area of non compliance with the frontage subdivision standard is minimal and a suitable safe vehicle access can be obtained to the lots though they had less than 4.5 metres frontage.

• Adverse effects can be avoided, remedied or mitigated by the imposition of appropriate conditions on the consent.

Subject to the following conditions:

1. That a Community Recreation Facilities Contribution of $1842.94 plus GST, per lot, be paid to Council for three additional lots (Waihi Ward).

2. That the subdividing owner shall reticulate the subdivision for telecommunications.

3. That the subdivision shall be reticulated for power.

Note: Should UnitedNetworks Limited be employed to do this, then the following are requirements of UnitedNetworks in relation to the supply of electricity:

1. The nearest point of supply is 400v, which is located on the boundary of Lot 2 and the proposed subdivision.

2. Connection to the network will incur a connection fee."

4. That any dwelling have a minimum floor level of 300 mm above the low point of Whiritoa Beach Road, adjacent to this subdivision.

5. That a Class E (standard residential vehicle entrance) as specified in section 9.3.3 of the District Plan be constructed by the subdivider at the location of the entrance to Right of Way "A" and "B" on the submitted scheme plan (Reference Thomson & Farrer F2230).

6. That the following easements be created:

7. That the internal access shall be constructed by the subdivider in accordance with the appropriate standard as specified in Section 9.3.19 of the District Plan, on the Right of Way to be created under condition 6.

In this case the appropriate standard is:

Residential zone 1-3 lots

8. a) That no filling be placed on site, in the ponding area (which is defined as being 9.5m contour and below as shown on the scheme plan submitted) which is located within Lots 1, 4 and 5), except that the shape of the ponding area may be modified by the excavation and filling where this does not reduce the ponding capacity.

b) That buildings shall be constructed so as not to decrease the ponding volume of the above mentioned ponding area.

9. That the applicant reticulate the subdivision for sewage, and that this reticulation be in accordance with the requirements of NZS4404:1981.

Note: That the new sewer will need to have a 150mm diameter and that the sewer line is required under NZS4404:1981 to have a minimum cover of 500 mm. Where due to the topography, this cannot be provided, approved protection shall be provided for the pipeline.

10.  That all gully traps shall be a minimum height of 300 mm above the low point of Whiritoa Beach Road adjacent to this subdivision.

11.  That all manhole lids shall be a minimum height of 300 mm above the low point of Whiritoa Beach Road adjacent to this subdivision.

12.  That the stormwater runoff resulting from the right of way surface flow be disposed of by way of non concentrated soakage into the ground.

13. That the stormwater for Lots 1, 2, 4 and 5 be disposed of to Whiritoa Beach Road via retention tanks.

14.a) That a stormwater easement (4 metres wide) be provided along the western and southern boundaries (as shown on the attached plan entitled "Proposed Stormwater Easement – 81.774.812 + 81.774.815").

14.b) That the existing stormwater line be covered by an appropriate easement which is 4 metres wide (with 2 metres being either side of the existing pipe, where it crosses Lots 5 and 2).

15.  That pursuant to Section 73 of the Rating Powers Act 1988, the owner nominate to which lot on the plan the capital contribution paid to the Whiritoa sewerage scheme should be applied.

Note: The other lots will attract a loan rate.

16.  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.

17.  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.

18.  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.

19.  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.

20.  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.

Advisory Notes:

1. That there is no reticulated water supply at Whiritoa, therefore, water supply will need to be by way of a water bore or a rainwater tank.

2. Conditions 4, 8, 10 and 13 are ongoing conditions under Section 221 of the Resource Management Act.

Reasons for Conditions:

1. Condition 1 is imposed to ensure compliance with Section 10.2.11 Community Recreation Facilities, of the District Plan.

2. Conditions 2 and 3 are imposed to ensure compliance with performance standard 9.3.11 Telecommunications and Power, of the District Plan.

3. Conditions 4, 5, 7, 9, 10, 11, 12, 13 and 14 are imposed at the request of Council’s District Engineer.

4. Condition 6 is imposed to ensure that the rear lots will be provided with access to their sites and the right to maintain the right of way.

5. Condition 8 is imposed to ensure that adverse effects resulting from the displacement of the ponding capacity on the subject property does not occur.

6. Conditions 15-19 are imposed as a matter of Council policy.

HC00/18 Carmine/Gordon CARRIED

Attached was a report on an application by Sharon Joy Birss employed by Waihi Price Chopper as a Customer Service Team Leader, for the granting of a General Managers Certificate.

Attached was a report on an application by Gail Jean Tait employed by Waihi Price Chopper as a Customer Service Team Leader, for the granting of a General Managers Certificate.

RESOLVED

THAT pursuant to Sections 121 and 122 of the Sale of Liquor Act 1991, that a General Managers certificate be granted to Sharon Joy Birss 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.

AND THAT pursuant to Sections 121 and 122 of the Sale of Liquor Act 1991, that a General Managers certificate be granted to Gail Jean Tait 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.

HC00/19 Carmine/Tregidga CARRIED

A request had been received from Mr Horton of Bradford Street, Waihi for an extension of time of his subdivision consent. A Land Transfer Plan had been signed in May 1997, and he had three years to comply with all the conditions. The consent would therefore lapse on 2 May 2000. He had advised in his letter that the problem was that the access (right of way) was being completed but due to the weather the tarseal could not be done until it was dry. He asked for an extension of time possibly to the end of May 2000.

RESOLVED

THAT an extension of time be given to Mr Horton of Bradford Street Waihi (81.614.490) until the end of June 2000.

HC00/20 Carmine/Gordon CARRIED

The meeting closed at 11.29 am.

CONFIRMED

J Tregidga

May 2000