HAURAKI DISTRICT COUNCIL

HEARINGS COMMITTEE

NOTICE IS HEREBY GIVEN THAT A MEETING OF THE HEARINGS COMMITTEE WILL BE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON 5 JULY 2001 COMMENCING AT 9.00 AM

L.D. Cavers

General Manager

HEARINGS FOR MEETING

9.15

J & M van Duyvenbooden

10.15 am

A & S Gordon

11.00 am

N Worker (Orokawa Farm)

ORDER OF BUSINESS

1. APOLOGIES Pages

2. DECLARATION OF LATE ITEMS

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.

3. CONFIRMATION OF MINUTES

3.1 MEETING HELD 24 MAY 2001 AND 7 JUNE 2001 1-15

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on 24 May 2001 and 7 June 2001 be taken as read and confirmed.

4. MATTERS ARISING FROM THE MINUTES

5. NON-NOTIFIED RESOURCE CONSENT APPLICATIONS

5.1 APPLICATION FOR RESOURCE CONSENT TO SUBDIVIDE LOT 1 DPS 59856, TRIG ROAD NORTH, WAIHI, INTO THREE LOTS FOR J&M VAN DUYVENBOODEN (81.757.919) 16-32

The applicant J&M van Duyvenbooden has applied to subdivide Lot 1 DPS 59856 (CT49A/145) located on the northern corner of Trig Road North and Heard Road, Waihi into three lots

A detailed report is attached.

A hearing has been scheduled for 9.15 am.

RECOMMENDATION

That pursuant to Section 105(2A) of the Resource Management Act 1991 the Hauraki District Council, in the matter of a non notified application for a non complying activity to subdivide Lot 1 DPS 59856, Trig Road North, Waihi, into three rural lots for J & M van Duyvenbooden

A. Grant consent to the creation of Lot 1 on ‘Plan of Proposed Subdivision of Lot 1 DPS 59856’, drawn by Vaughan D Baker, Ref. No. 3444, dated May 2001, on the grounds that the effects of the subdivision are not more than minor, and the subdivision satisfies the objectives in the District Plan, Part II and Section 105(2A) of the Act; and

B. Refuse consent to the subdivision of Lots 2 & 3 on ‘Plan of Proposed Subdivision of Lot 1 DPS 59856’, drawn by Vaughan D Baker, Ref. No. 3444, dated May 2001, on the grounds that the subdivision is contrary to the objectives and policies in the District Plan and does not constitute sustainable management in terms of Part II of the Act.

Pursuant to Sections 108 & 220 of the Act the following conditions shall apply:

That the subdivision of Lot 1 and a balance lot shall proceed in general accordance with ‘Plan of Proposed Subdivision of Lot 1 DPS 59856’, drawn by Vaughan D Baker, Ref. No. 3444, dated May 2001 except that only two lots shall be created.

That separate power and telephone connections shall be provided to the boundary of Lot 1 hereon or that letters shall be supplied from the relevant supply authorities confirming that a connection is available at the standard charge

That a consent notice shall be registered against the Certificates of Title for Lots 1 & the balance lot pursuant to Section 221 of the Act stating that a maximum of one residential dwelling may be erected on each lot.

That the subdivider shall pay a Community Recreation Facilities Contribution of $1,842.94 + GST to Council for the creation of one additional lot.

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.

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.

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.

5.2 APPLICATION FOR RESOURCE CONSENT TO SUBDIVIDE SECTION 17 BLOCK XI PIAKO SURVEY DISTRICT, SOUTH ROAD, MANGATARATA, INTO TWO RURAL LOTS FOR A & S GORDON (81.106.915) 33-47

The applicants, A & S Gordon, have applied for consent to subdivide Section 17 Block XI Piako Survey District, South Road, Mangatarata, into two lots.

A detailed report is attached.

A hearing has been scheduled for 10.15 am.

RECOMMENDATION

THAT pursuant to Section 105(1)(b) of the Resource Management Act 1991 the Hauraki District Council grants consent to a non notified discretionary activity to subdivide Section 17 Block XI Piako Survey District, South Road, Mangatarata, into two lots for A & S Gordon.

Consent is granted on the grounds that:

a) The subdivision of Class IV land is encouraged in the operative District Plan;

b) Any potential adverse effects on South Road due to increased traffic are able to be mitigated;

c) The proposed lots are able to be adequately serviced for their intended use, including the possible use of alternative technologies for power and telecommunications;

d) The subdivision satisfies Part II of the Act.

Pursuant to Sections 108 & 220 of the Act consent is subject to the following conditions:

1. That the subdivision shall be in general accordance with ‘Proposed Subdivision of Lots 1 & 2 Being Sec. 17 Blk XI Piako SD’, drawn by F W Millington Limited, Ref. No. 2037, dated May 2001.

2. That either

a) A water supply easement be created over the water tank and supply lines on Lot 1 hereon in favour of Lot 2 hereon and Section 22 Blk VII Piako SD; or

b) The water tank on Lot 1 hereon shall be relocated onto Lot 2 hereon. (It is recommended that an easement be created in favour of Section 22); or

c) The water tank on Lot 1 hereon shall be relocated onto Section 22 Blk VII Piako SD.

3. That a modified Class B vehicle crossing shall be constructed at the entrance to Lots 1 & 2 as indicated on the diagram dated 25 May 2001, by B S Millar, submitted in support of the application.

4. Engineering drawings and specifications covering Condition 3 shall be submitted to the Manager of Planning and Environmental Services for consideration and approval prior to commencement of any work.

5. 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.

6. That a consent notice shall be registered against the new Certificate of Title for Lot 1 pursuant to Section 221 of the Act, stating that there is no power or telephone connection for Lot 1, and that should a habitable building be built on Lot 1 either power and telephone connections will need to be provided or an alternative source of power and telephone will need to be supplied at the time of the building consent.

7. That a financial contribution of $16,380 plus GST shall be paid towards the future upgrade and sealing of the portion of South Road between State Highway 27 and the bridge (624m), as required by Section 10.2.7.3 of the operative District Plan.

8. That a Community Recreation Facilities Contribution of $1,935.86 plus GST shall be paid for the creation of one additional lot.

9. 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.

10. 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.

11. 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.

5.3 APPLICATION FOR RESOURCE CONSENT TO SUBDIVIDE LOTS 1 & 7 DPS 79167, HEARD ROAD, WAIHI, INTO THREE LOTS FOR OROKAWA FARMS LTD (81.664.910) 48-59

The applicant, Orokawa Farms Ltd, have applied to subdivide Lots 1 & 7 DPS 79167, Heard Road, Waihi, into three lots.

A detailed report is attached.

A hearing has been scheduled for 11.00 am.

RECOMMENDATION

THAT pursuant to Section 105(2A) of the Resource Management Act 1991 the Hauraki District Council grants consent to a non notified non complying activity to subdivide Lots 1 & 7 DPS 79167, Heard Road, Waihi, into three lots for Orokawa Farms Limited.

Consent is granted on the following grounds:

a) The subdivision provides for lifestyle development on land with limited productive potential.

b) The subdivision has access to power, telephone and water supply.

c) Increased traffic on Heard Road is mitigated by a financial contribution toward the cost of upgrading the road.

d) The shape and dimensions of Lot 3 ensures a substantial separation distance between building sites on adjacent sites.

e) The proposal satisfies Section 105(2A) and Part II of the Act.

Pursuant to Sections 108 & 220 of the Act this consent is subject to the following conditions:

1. That the subdivision be carried out in general accordance with the ‘Plan of Proposed Subdivision of Lots 1 & 7 DPS 79167 Orokawa Farm Limited’, drawn by Trevor C Davies & Associates, Ref. No. 1076SP/1, dated April 2001.

2. That Lots 1 & 2 hereon be held in the same Certificate of Title. See B (to be advised).

3. That any necessary power, telephone, and water supply easements shall be granted or reserved.

4. That in the matter of DPS 56361 and pursuant to Section 243(f)(ii) of the Resource Management Act 1991, the existing water easement over Lot 2 DPS 87456 in favour of Lot 1 DPS 79167 created by document H.971284.2 and set out in the memorandum of easement on the said plan be cancelled.

5. That the subdivider shall pay $36,861.84 + GST to Council as a contribution towards the cost of upgrading Heard Road to the required standard as defined in the District Plan.

6. That the subdivider shall pay a Community Recreation Facilities Contribution of $1,842.94 + GST to Council for the creation of one additional lot.

7. 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.

8. 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.

9. 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.

6. SALE OF LIQUOR APPLICATIONS

6.1 WAIHI RUGBY FOOTBALL AND SPORTS CLUB RENEWAL WITH VARIATION (66.002.603) 60-73

Attached is a report from the District Licencing Inspector regarding an application by the Waihi Rugby Football and Sports Club for the renewal of their licence with variation.

RECOMMENDATION

As there are no objections to the application I recommend that the renewal be granted in the prescribed format with the hours as set out in condition (e) below.

CONDITIONS:

This licence is subject to the following conditions:

(a) The club must have a secretary at all times.

(b) Within 10 working days of the appointment of a new secretary, the club must inform the Secretary of the District Licensing Agency of the name of the new secretary.

(c) All proceeds from the sale of liquor belong to the club.

(d) The club must 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 and low-alcohol refreshments.

(e) Liquor may be sold only on the following days and during the following hours:

Monday to Wednesday 10:00 am to 10:00 pm

Thursday 10:00 am to 12 midnight

Friday and Saturday 10:00 am to 1:00 am the following day

Sunday 12 noon to 8:00 pm

Food must be available for consumption on the premises as follows:

At all times when the premises are authorised 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, must be conveniently available for all members and their guests and the availability of those foodstuffs must be notified to them by appropriate notices throughout the premises.

(f) The licence must ensure that signs are prominently displayed within the licensed premises detailing information regarding alternative forms of transport from the premises.

(g) The licensee must implement and maintain the steps proposed in the application for the licence aimed at promoting the responsible consumption of liquor.

(h) The Club Committee must ensure that the provisions of the Act relating to the sale and supply of liquor to prohibited persons are observed.