Pursuant to Section 46A(5) of the Local Government Official Information and Meetings Act 1987, the Chairman is to call for late items to be accepted. In the event of a late item, an explanation must be given as to why the item was not on the agenda and why discussion cannot be delayed for a subsequent meeting.

The applicants, PH & SI Cox (RMS Surveyors on behalf of) have applied for subdivision consent to subdivide their rural property (legally described as Lot 68 DPS 14798) located on the corner of SH 25 and Whiritoa Beach Road, Whiritoa, into 2 lots.

A detailed report is attached.

A hearing has been scheduled for 10.15 am.

RECOMMENDATION

THAT pursuant to Section 105 of the Resource Management Act Council grant consent to this non-notified non complying activity application to subdivide Lot 68 DPS 14798, located on the corner of Whiritoa Beach Road and State Highway 25, Whiritoa, into two rural residential lots, for PH & SI Cox on the grounds that:

The proposal is not contrary to the objectives and policies contained within the District Plan.

Adverse effects can be avoided, remedied or mitigated by the imposition of appropriate conditions on the consent, and as such it is considered that the effects on the environment will be minor.

Subject to the following conditions:

1. The subdivision shall be carried out in general accordance with the plan of proposed subdivision of Lot 68 DPS 14798, drawn by RMS Surveyors, Ref. No. 5389, dated October 2001, except as amended by the following conditions.

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

3. That the subdivision shall be reticulated for power.

Note: Should UnitedNetworks Limited be employed to do this, then please contact them to provide a quote to get suitable power supply to the boundary of Lot 2.

4. That all prospective purchasers of Lots 1 and/or 2 be advised that:

i) A certificate/report from a Registered Engineer (or suitably qualified person) will need to be provided for specific foundation design for any habitable buildings on each of the lots.

ii) That the minimum floor level for any habitable buildings shall be RL 6.9m in relation to the Environment Waikato Datum Point – Whiritoa Surf Club, Kon Tiki Road, Whiritoa.

iii) That no filling be placed on site, in the "ponding area" which is defined as all those areas on Lots 1 and 2 which are below the 6.9m contour and as shown on the attached plan "81.774.946 Ponding Area", except that the shape of the ponding area may be modified by excavation and filling where this does not reduce the ponding capacity of Lots 1 and 2.

iv) That all gully traps shall be at a minimum level of RL 6.9m in relation to the Environment Waikato Datum Point – Whiritoa Surf Club, Kon Tiki Road, Whiritoa.

v) That all manhole lids shall be at a minimum level of RL 6.9m in relation to the Environment Waikato Datum Point – Whiritoa Surf Club, Kon Tiki Road, Whiritoa.

vi) That the stormwater for Lot 2 be disposed of via an approved on site stormwater disposal system that does not increase the peak flow over that from the undeveloped lot (i.e.: retention tanks).

vii) That the current (as at 28 November 2001) capacity of the ponding area be calculated by a suitably qualified person and advised to Council in plan form and as a volume.

5. That a Class F (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 Lot 2.

6. 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.

7. 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.

8. 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.

9. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay an administration fee of $75.00 for administration of the consent.

10. 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:

§ 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.

§ The telecommunications supply authority has confirmed that the telephone network is available for use to the subdivision.

§ The minimum floor level set in Condition 4 is the same as the wooden floor level of the emergency centre.

§ Lot 2 has an existing sewer connection.

§ Condition 4 is an ongoing condition under Section 221 of the Resource Management Act.

Reasons for Conditions

§ Condition 1 is imposed to ensure that the proposal is taken out in accordance with that which was assessed by Council.

§ Condition 2 is imposed in accordance with Section 10.2.11 of the Operative District Plan.

§ Condition 3 is imposed to ensure compliance with Performance Standard 9.3.11 (Telecommunications and Power) of the Operative District Plan.

§ Conditions 4 and 5 are imposed at the request of Council’s Technical Services Manager or Consents Inspector to ensure that there is adequate provision of services and to ensure that adverse environmental effects do not arise.

§ Conditions 6-10 are imposed as a matter of Council policy.

On April 2001 a land use consent was granted for a combined landfill and quarry operation at the Tirohia Quarry. A change to condition 19 has been received.

A detailed report is attached.

A hearing has been scheduled for 11.15 am.

RECOMMENDATION

THAT pursuant to section 127 of the Resource Management Act the Council grants consent to the application to change condition 19 as requested on the grounds that a change in circumstances has been demonstrated and the change in the condition will not result in any different or greater effects than permitted by the current condition.

Condition 19 is therefore now to read:

"19) Refuse acceptance at the landfill (i.e.: gate opening hours) shall be limited to:

§ Monday to Saturday 7.00am to 4.00pm

§ Exceptional circumstances/emergency events by arrangement – details shall be forwarded to the Hauraki District Council within 48 hours.

In addition clause 2.3 of the Landfill Management and Operations Plan (HG Leach & Co Ltd, Tirohia Landfill Management Plan, Management Plan – Version 1 August 2001) shall be amended to clarify the intent of the "exceptional/circumstances/emergency events" provisions.

The contractor involved shall contact the Landfill Site Manager (HG Leach and Co) to request access to the landfill.

The Site Manager shall determine whether or not the reason for the access request falls within the "exceptional circumstances/emergency events" guidelines.

The Site Manager shall grant or refuse entry to the landfill.

HG Leach and Company shall keep a register of consents granted for access, setting out: the date, name of contractor, number of truck loads, and reason for access being granted (i.e. the nature of the exceptional circumstances/emergency event).

The register shall be available for inspection by Council staff at all times during normal working hours.

Details of each individual grant of access shall be faxed to Council (The Supervising Officer – Environmental Services) within 48 hours of the access being granted.

Exceptional circumstances/emergency events guidelines:

- Truck breakdowns

- Urgent requirements for refuse disposal during holiday periods such as where Christmas Day may fall on a Saturday

- Disposal of refuse at time of civil emergency e.g. flood damaged material

- Disposal of material as a result of a traffic accident/load spill

- Other such similar events.