RESOLVED

THAT the apology of Cr Hayden be received and sustained.

HC01/64 Tregidga/Gordon CARRIED

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 items be accepted for discussion.

- Change of Condition, Waihi Gold Mining Company, 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 and a resolution was required before 5 January 2002 as per the condition of the consent.

- Application for General Managers Certificate – C Foster

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.

HC01/65 Carmine/Gordon CARRIED

HC01/66 Tregidga/Carmine CARRIED

There were no matters arising.

On September 2000 consent was granted under delegated authority to subdivide several rural properties on Rotokohu /Road, Paeroa, owned by the applicant, to create one small residential-size lot, two lifestyle lots and two general rural lots. An objection has been lodged.

A detailed report was attached.

A hearing had been scheduled for 9.15 am. The hearing commenced at 9.20 am.

Mr M Ofsoske (applicant), Mr D McLeod and Mr T Davies (Surveyor) attended the meeting for the benefit of the hearing.

The Chairman sought clarification of the reasons why the request was made.

Mr Davies advised that the applicant was now retaining his dwelling on Lot 3 and there would be movement of stock across the road.

RESOLVED

THAT the request to vary the condition be accepted.

HC01/67 Tregidga/Carmine CARRIED

Mr Davies tabled a written submission outlining the request to review conditions 1 and 9 of the resource consent. Mr Davies outlined the history of the application and gave some proposed amendments to conditions 1 and 9 of the consent. Mr Davies advised that the applicant was not seeking to increase the number of Lots only to reduce the area of Lot 4 and place the boundary between this Lot and the adjoining Lot 5, to be amalgamated with the balance area, in a more practical position and allow the continued economic use of Lot 5 along with the balance area in accordance with sensible farming practice. This does not increase the fragmentation of the land, only the size of two of the Lots.

The issue of consideration today was that Lot 4 be reduced from 2.7ha to 1.8ha in area.

Mr Ofsoske advised of the reasons for the request. He requested that the boundary be shifted approximately 200m.

Miss Shanks outlined the rules for subdivision of the existing title under the operative District Plan and under the Proposed Plan Change No 4 and advised that the proposed change to the conditions would result in a lot that did not comply with either the operative District Plan or Proposed Change No 4.

The Planning & Environmental Services Manager commented that the Committee needed to decide whether it was happy for Lot 4 to be reduced to 1.8ha instead of 2.7 ha.

The hearing closed at 10.00 am.

The Chairman advised that Councils decision was reserved until it had considered all the evidence presented and all other relevant information.

In September 1998 consent was granted to the subdivision of Lot 1 DPS 69551, located on Taylors Avenue, Paeroa into 4 residential lots. An objection has been lodged regarding condition 3 of the consent.

A detailed report was attached.

A hearing had been scheduled for 9.35 am. The hearing commenced at 10.05 am.

Mr L Smith (applicant) and Mr T Davies (Surveyor) attended the meeting for the benefit of the hearing.

RESOLVED

THAT the late objection be accepted.

HC01/68 Tregidga/Gordon CARRIED

Mr Davies tabled a written submission outlining the application and explaining the reasons why the review of condition 3 was requested. It was asked that condition 3 be amended by the deletion of the last paragraph. "The outdoor living and service court fences shall be constructed so as to effectively screen the courts from view from the right of way".

Mr Smith tabled a written submission outlining his proposal. His concern was regarding the fencing of the subdivision. Photographs of similar subdivisions were presented.

Miss Shanks advised of the requirements as per the District Plan.

The applicant suggested that a change could be made to the plan of the dwelling on Lot 1 which would then reduce the need to fence. Miss Shanks agreed that if the change was made and the outdoor living court was located away from the ROW then a fence would not be required.

The hearing closed at 10.25 am.

The Chairman advised that Councils decision was reserved until it had considered all the evidence presented and all other relevant information.

The meeting adjourned at 10.30 am until 10.50 am.

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 was attached.

A hearing had been scheduled for 10.15 am. The hearing commenced at 10.50 am.

Mr and Mrs Cox (applicant) attended the meeting for the benefit of the hearing.

Mr Len Whittaker (Engineer) attended the meeting to help with clarification on issues for the Committee’s benefit.

Mr and Mrs Cox introduced themselves to the Committee and outlined their intention to subdivide their property into two lots. The applicants currently reside on Lot 1.

Miss Shanks advised of the reasons that the application had come to the Hearings Committee. She considered that there were no reasons why consent could not be granted as long as appropriate conditions are imposed to mitigate the effects resulting from the subdivision – particularly in regard to a natural ponding area on Lot 2.

Mr Whittaker (Engineer) advised that there were no technical problems with the application. He also saw no problems with the floor level of the proposed dwelling. He outlined the stormwater requirements in Whiritoa and the need for retention tanks.

Mrs Cox raised the issue of the capacity of the ponding area and the requirement for it to be calculated by a suitably qualified person and Council advised in plan from and as a volume. Was this relevant.

The Planning & Environmental Services Manager gave clarification on the stormwater and why the capacity of the pond was required.

Mrs Cox noted that the pond was slightly tidal.

The hearing closed at 11.20 am.

The Chairman advised that Councils decision was reserved until it had considered all the evidence presented and all other relevant information.

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 was attached.

A hearing had been scheduled for 11.15 am. The hearing commenced at 11.20 am.

Mr Eric Souchon (General Manager of HDC Leach & Co Ltd) and Mr Miljenko Pavlinic (Waste Services Manger of HG Leach & Co Ltd) attended the meeting for the benefit of the hearing.

Mr Souchon tabled a written submission outlining the reasons why the application for changes to condition 19 had been made.

Mr Souchon advised that it was a month since the application had been lodged and a further request should have been made for an extension of hours from 6.30 am to 4.30 pm. This had not been included in the application but had come to light that after over month of operation and due to the distance that vehicles have to travel it had been found that there were occasions when flexibility in times could be beneficial. If this could not be considered in conjunction with this application then a further application would be made in the future.

The Chairman advised that this was unable to be accepted at this hearing. Another application would be required for further extension of hours.

Cr Tregidga asked for clarification on the movement of refuse.

Mr Souchon outlined the collections received and the process once the refuse arrived at the Landfill.

Miss van Steenbergen clarified the conditions that the quarry in addition to a landfill could operate. In terms of public perception and noise it would be just another truck with a different load. In terms of conditions it would be nothing over and above what the conditions allow. There had been no submitters had raised the hours as an issue.

Mr Souchon advised that the Landfill would be closed for 6 (six) days per year in reference to public holidays.

Miss van Steenbergen advised that she was satisfied that all circumstances were covered.

The hearing closed at 12.00 pm.

The Chairman advised that Councils decision was reserved until it had considered all the evidence presented and all other relevant information.

The meeting adjourned at 12.00 pm for lunch until 12.45 pm.

Attached was a report from the District Licensing Inspector regarding an application for a Club Manager’s Certificate by Geoffrey Duckmanton.

RESOLVED

THAT pursuant to Sections 121 and 122 of the Sale of Liquor Act 1991, that a Club Manager’s Certificate be granted to Geoffrey Arthur Duckmanton 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.

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

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

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

HC01/ 69 Carmine/Gordon CARRIED

Attached was a report from the District Licensing Inspector regarding an application for a Club Manager’s Certificate by Ross McCullough.

RESOLVED

THAT pursuant to Sections 121 and 122 of the Sale of Liquor Act 1991, that a Club Manager’s Certificate be granted to Ross McCullough 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.

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

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

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

HC01/70 Tregidga/Carmine CARRIED

Attached was a report from the District Licensing Inspector regarding an application for a General Manager’s Certificate by Graham Read-Hayes.

RESOLVED

THAT pursuant to Sections 121 and 122 of the Sale of Liquor Act 1991, that a General Manager’s Certificate be granted to Graham Read-Hayes 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:

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

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

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

HC01/ 71 Gordon/Carmine CARRIED

A report from the District Licensing Inspector regarding an application for a General Manger’s Certificate by Carole Foster was tabled at the meeting.

RESOLVED

THAT pursuant to Sections 121 AND 122 of the Sale of Liquor Act 1991, that a General Managers certificate be granted to Carole Diane Foster 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.

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

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

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

HC01/ 72 Carmine/Tregidga CARRIED

A report regarding the change of condition for Waihi Gold Mining Company, Waihi Consent No. 1997/1998 – 105, was tabled at the meeting.

Miss van Steenbergen explained the application for the Committee’s clarification. The Company had requested that the rehabilitation bond should be reviewed annually, but staff believed that there should be a date set for renewal.

To allow the Company and the Councils more flexibility than what was currently afforded them and the anniversary date referred to in condition 3.31 6(1) falls on 24 December – 5 January each year, which is administratively difficult for all parties.

The Planning & Environmental Services Manager outlined the background negotiations undertaken by officers of Environment Waikato and Hauraki District Council. The Committee was advised that the two authorities had agreed, at officer level, that no fixed date should be imposed.

RESOLVED

That Condition 3.31 6(a) be deleted and replaced with the following condition:

3.31 6(a) The amount of the rehabilitation bond shall be fixed at the commencement of the extended project and thereafter by the Councils who shall take into account any calculations and other matters submitted in the Rehabilitation Plan, or otherwise, by the consent holder which are relevant to the determination of the amount. The amount of the rehabilitation bond shall be advised in writing to the consent holder at least one month prior to the review date.

Advice Note: The Hearings Committee suggests that a fixed date of 31 May in any given year offers a useful ‘target’ for the two Councils and the Company to aim for.

The condition is changed on the grounds that the timetable for reviewing the bond as consented to in 1998 was extremely restrictive and difficult to achieve due to the proximity to the Christmas- New Year holiday period. A more flexible condition provides for a review to take place at an alternative, more convenient, time during the year.

HC01/73 Tregidga/Carmine CARRIED

After consideration the Committee agreed:

RESOLVED

THAT the Committee is satisfied that Section 127(1) of the Resource Management Act 1991 is met as

1. ‘Off site’ refuse management practices have altered since the project was initiated in 1997;

2. The customer base, source of refuse has expanded significantly since the project was initiated in 1997;

constituting a ‘change in circumstances’.

HC01/74 Tregidga/Carmine CARRIED

RESOLVED

THAT pursuant to Section 127(3) of the Resource Management Act 1991 the Committee is satisfied that the proposed change of condition has no adverse effect upon any other person, including submitters on the original application.

HC01/75 Carmine/Gordon CARRIED

HC01/76 Tregidga/Gordon CARRIED

After considering all the evidence the Committee decided:

HC01/77 Carmine/Gordon CARRIED

After considering all the evidence the Committee decided:

RESOLVED

THAT

1. The late objection by Tayland Developments be accepted.

2. Pursuant to Section 127 of the Resource Management Act 1991 condition 3 of subdivision consent 98/99-47 be altered to read:

"3. 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 access (Right of Way) to be created under condition 5, except that the service strips will be provided partially outside the Right of Way easement, and the fencing requirement(s) shall not apply.

In this case the appropriate standard is:

Residential zone 1-3 lots

The internal access shall be surfaced with an all weather, dust free surface such as bitumen, concrete or cobblestones."

The condition is changed on the grounds that waiving the required fencing creates a shared open space through the middle of the site that enhances the amenity of the resultant residential subdivision, and any future fencing/screening may be provided at the discretion of future owners.

HC01/78 Tregidga/Carmine CARRIED

After considering all the evidence the Committee decided:

HC01/79 Carmine/Gordon CARRIED

The Planning & Environmental Services Manager thanked Miss Shanks for the work done by her for the Hauraki District Council.

The meeting closed at 1.35 pm.

CONFIRMED

J Tregidga

December 2001