RESOLVED

THAT the apology of Cr Gordon be received and sustained.

HC01/56 Tregidga/Carmine 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.

- Application for On-Licence, Endorsed B.Y.O. Café 22, Ngatea

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.

HC01/57 Carmine/Tregidga CARRIED

HC01/58 Carmine/Tregidga CARRIED

There were no matters arising.

RESOLVED

THAT the minutes of the meeting of the Hearings Committee held on 20 September 2001 be taken as read and confirmed.

HC01/59 Tregidga/Carmine CARRIED

There were no matters arising.

APPLICATION FOR RESOURCE CONSENT TO SUBDIVIDE LOT 1 DPS 36605, OLD NETHERTON ROAD, PAEROA, INTO TWO LOTS FOR BECK, INFANGER AND MARTY (81.379.943)

The applicants, E & D Beck, HP Infanger & PJ Marty (Vaughan Baker on behalf of) had made application to subdivide their property (legally described as being Lot 1 DPS 36605) located on Old Netherton Road, Netheron.

A detailed report was attached.

A hearing had been scheduled for 2.15 pm. The hearing commenced at 2.20 pm.

Mr V Baker (surveyor) and P Marty (applicant) attended the meeting for the benefit of the hearing.

Mr Baker outlined the application to subdivide off a surplus house. He commented that the application met all the rules of the District Plan except that the dwelling on proposed Lot 1 was constructed in 1997, therefore it was only 4 years old not five years old as required under the District Plan.

Ms Marty outlined the reasons why the application had been made. She advised that the other couple who were currently in partnership in the property wished to move to the South Island. The farm had been run as an Ostrich farm however this was no longer profitable.

Miss Shanks advised that there would be no different effects if the land were subdivided now than there would be in another six months. She commented that there was no minimum lot size required for balance area under the District Plan. The only aspect of the proposal that did not comply was the age of the dwelling on proposed Lot 1.

The hearing closed at 2.30 pm.

5. That the following easements be created:

6. That the right of way created in Condition 5 shall be constructed by the subdivider in accordance with the appropriate standard specified in Section 9.3.19 of the District Plan except that the portion of the right of way from the existing garage on Lot 2 to the end of the right of way (furtherest from Old Netherton Road) may have a reduced legal width of 7.0 metres.

In this case the appropriate standard is that for:

Rural Zone Serving no more than 2 allotments <250m length

7. That the existing crossing be upgraded to a modified Class B (Standard Rural Vehicle Entrance) as specified in section 9.3.3 of the District Plan to be constructed by the subdivider at the Right of Way Entrance to the satisfaction of the Planning & Environmental Services Manager.

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:

a) That any water pipes that cross from one proposed Lot to another proposed Lot should be disabled to avoid cross connection.

b) That the peak summer usage of the public water supply shall not exceed 450 litres/ha/day.

Reasons for Conditions:

1. Condition 1 is imposed to ensure that the proposal which has been assessed is that which is undertaken by the applicant.

2. Condition 2 is imposed to ensure that the adverse environmental effects resulting from any further dwellings on the land are avoided.

3. Conditions 3, 6 and 7 are imposed at the request of the Council’s Technical Services Manager.

4. Conditions 4 and 5 are imposed to allow access to services and the right of way for users who do not own the land on which these are located.

5. Conditions 8-10 are imposed as a matter of Council policy.

HC01/60 Carmine/Tregidga CARRIED

Attached was a report from the District Licensing Inspector regarding an application for a General Manager’s Certificate by Puti McCaskill.

RESOLVED

THAT pursuant to Sections 121 AND 122 of the Sale of Liquor Act 1991, that a General Manager’s Certificate be granted to Puti Raina McCaskill 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 Manger’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.

HC01/61 Carmine/Tregidga CARRIED

A report from the District Licensing Inspector regarding an application for an On-Licence, Endorsed B.Y.O., for Café 22, in Orchard West Road, Ngatea, was tabled at the meeting.

RESOLVED

THAT pursuant to Sections 7 and 28 of the Sale of Liquor Act 1989 an On-Licence (Endorsed B.Y.O.) in the prescribed format be issued to Karen Paton with the following conditions:

CONDITIONS

a) The licensee must have available for consumption on the premises at all times when the premises are open for the sale of food or hot beverages in which liquor is an ingredient, a reasonable range of non-alcoholic refreshments.

b) Liquor may be consumed on the premises by persons for the purpose of dining only on the following days and during the following hours:

Monday to Sunday 11.00 am to 1.0 am the following day.

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

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

e) The licensee must have available for consumption on the premises at all times when the premises are open food of a similar standard to that described in the menu lodged with the application for a licence.

HC01/62 Carmine/Tregidga CARRIED

The meeting adjourned at 2.40 pm until 3.00 pm.

The applicant, BD Eayrs and DL Rasmussen (MJ Dunwoodie Ltd on behalf of), had applied for subdivision consent to adjust a boundary and then subdivide each of the two residential lots into two lots resulting in 4 separate titles. There are currently two certificates of title. There are currently two certificates of title. The properties are located at 18 and 20 Aorangi Road, in Paeroa.

A detailed report was attached.

A hearing had been scheduled for 3.00 pm. The hearing commenced at 3.00 pm.

Mr T Davies (surveyor) and Mrs B Eayrs (applicant) attended the meeting for the benefit of the hearing.

Mr Davies presented a written submission. Mr Davies advised that the application was submitted as a non-complying application as Lot 1 did not comply with the area or shape factor requirements for an infill subdivision and Lot 4 did not comply with the frontage requirement. It was requested that the application be approved in its present form subject to the proposed amended and additional conditions in the submission.

Mrs Eayrs presented a written submission commenting on issues within the Planners Report.

Cr Tregidga asked why the granny flat had originally been erected.

Mrs Eayrs explained the situation. She was unaware if there were conditions on the resource consent for the granny flat at the time of purchasing the property.

Cr Tregidga commented that there was a need in the community for small sections for people living on their own, however this was different to what the original purpose was when the Granny Flat was erected.

Miss Shanks outlined both stages of the subdivision. The first stage was the boundary adjustment and the second stage was a non-complying activity and explained the reasons.

When consent was granted for the erection of the granny flat in 1995 there had been no conditions applied.

Miss Shanks continued to comment on the proposed conditions outlined in the surveyors submission and tabled photographs of the site. Hauraki District Council currently did not have any formal policy in its District Plan regarding granny flats.

Cr Tregidga commented that the proximity of the cottage to the house and the possible conflict were of concern.

The hearing closed at 3.55 pm.

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

The meeting adjourned at 3.55 pm until 4.05 pm.

After discussion the Committee decided:

RESOLVED 1

THAT pursuant to Section 105 of the Resource Management Act Council grant consent to Stage 1 of this non notified non complying activity application to subdivide Lot 1 DPS 21657 & Lot 10 DP 22582, located at 18 & 20 Aorangi Road, Paeroa, into three residential lots (being Lots 3, 4 and the joint Lots 1 & 2) on the grounds that:

a. The proposed subdivision to adjust a boundary and to create one additional lot shown as Lot 4 on the scheme plan will have no adverse effects on the environment.

b. The proposed subdivision to create one additional lot is consistent with the objectives and policies of the District Plan.

c. Proposed Lots 2 and 3 are occupied by complying dwellings with access to all services. A complying dwelling can be built on Lot 4 and serviced.

d. The road frontage is adequate for the purposes of providing safe and efficient access to the lots.

e. Performance conditions can be imposed to avoid, remedy or mitigate any potential adverse effects.

Pursuant to Sections 108 & 220 of the Resource Management Act 1991 consent is subject to the following conditions:

1. That the subdivision proceed in general accordance with "Plan of Proposed Subdivision of Lot 1 DPS 21657 & Lot 10 DP 22582", drawn by MJ Dunwoodie Ltd, Ref. No. 4499/SP4, dated September 2001, except that Lots 1 & 2 shall make up one lot only, and as altered by the following conditions.

2. That the following easements be created:

Note: That an amended plan will need to be provided showing the reduction in Easement E for the purposes of a Right of Way as proposed by Mrs Eayrs in correspondence to Council dated 8^th October 2001.

3. That the internal access created in Condition 2 above shall be constructed by the subdivider in accordance with the appropriate standard as specified in Rule 9.3.19.3 of the District Plan. In this case, the appropriate standard is that for 1-3 lots in the Residential zone.

4. That the garage located over the entrance strip to Lot 4 and part of Lot 3 shall be removed or relocated clear of any legal boundaries prior to the issue of a Section 224 certificate for Stage 1.

5. That the subdivider shall provide each lot with a metered water connection in accordance with NZS 4404:1981. The water meters are to be those as specified by the District Engineer at the time of construction.

6. That stormwater from Lot 4 shall be disposed of to approved soakholes constructed in accordance with the NZ Building code within Lot 4 with the overflow being directed to the Aorangi Road kerb and channel or that the stormwater from Lot 4 be piped directly to the kerb and channel in Aorangi Road.

7. That a sewer connection be provided for Lot 4 in accordance with NZS 4404:1981.

8. That a Class E vehicle crossing be constructed at the road boundary of ROW E in accordance with Section 9.3.3 of the District Plan.

9. That a Community Recreation Facilities Contribution of $1529.26 plus GST be paid to Council for the creation of one additional lot (Paeroa Ward).

10. That the subdivider shall provide a power connection, along the road frontage of the subdivision (where the supply lines run along the road) for Lot 4, or written confirmation from the supply authority that this connection is available at the standard connection fee.

11. That Engineering drawings and specifications covering all engineering works shall be submitted to the District Engineer for consideration and approval prior to commencement of any work.

12. 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.

13. 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.

14. 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.

15. 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 Note:

a) Condition 5 shall be an ongoing condition under Section 221 of the Resource Management Act.

b) The telecommunications supply authority has confirmed that a telephone connection to Lot 4 is available at the standard fee.

RESOLVED 2

THAT pursuant to Section 105 of the Resource Management Act Council grant consent to Stage 2 of this non notified non complying activity application to subdivide Lot 1 DPS 21657 & Lot 10 DP 22582, located at 18 & 20 Aorangi Road, Paeroa, to create Lots 1 & 2 as shown on the plan accompanying the application, on the grounds that:

a. The residential activities on Proposed Lots 1 & 2 are established.

b. The small dwelling on Lot 1 is adequately and independently serviced.

c. The District Plan encourages the creation of higher density residential development.

d. Limiting the number of dwellings permitted on Lot 2 mitigates any potential adverse effects of the higher density development.

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

1. That the subdivision proceed in general accordance with "Plan of Proposed Subdivision of Lot 1 DPS 21657 & Lot 10 DP 22582", drawn by MJ Dunwoodie Ltd, Ref. No. 4499/SP4, dated September 2001, except as altered by the following conditions.

2. That the following easements be created:

HC01/63 Tregidga/Carmine CARRIED

The meeting closed at 4.20 pm.

CONFIRMED

J Tregidga

November 2001