HAURAKI DISTRICT COUNCIL
HEARINGS COMMITTEE
MINUTES OF A MEETING OF THE HEARINGS COMMITTEE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON WEDNESDAY 7 AUGUST 2002 COMMENCING AT 10.50 AM
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PRESENT |
Crs J Tregidga (Chairperson), D Carmine and M Hayden |
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IN ATTENDANCE |
Mr A Chaplin (Planning & Environmental Services Manager), Miss L Davies (Consents Officer – Planning), Mr L Whittaker (Manager Technical Services) and Ms R Jamieson (Council Secretary) |
APOLOGIES
RESOLVED
THAT the apology of Cr Gordon be received and sustained.
HC02/29 Carmine/Hayden CARRIED
LATE ITEMS
Pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the Chairman called for late items to be accepted. There were none.
CONFIRMATION OF MINUTES
RESOLVED
THAT the minutes of the meeting of the Hearings Committee held on 17 July 2002 be taken as read and confirmed.
HC02/30 Carmine/Hayden CARRIED
MATTERS ARISING FROM THE MINUTES
There were no matters arising.
2001/02 DLA LIQUOR LICENSING REPORT (66.000.999)
Attached was a report from the Planning & Environmental Services Manager regarding the 2001/02 Annual Report on liquor licensing activity in the Hauraki District.
RESOLVED
THAT the 2002/2002 District Licensing Agency Annual Report be submitted to the August Planning & Finance Committee for approval.
HC02/31 Carmine/Hayden CARRIED
NON-NOTIFIED RESOURCE CONSENT APPLICATIONS
The applicant had applied for subdivision consent to subdivide the property into three lots. It was intended that the existing dwelling and garage be removed, and that three dwellings ("townhouses") be erected on the lots. Each of the lots was proposed to have an area of 337m2. Lots 1 and 2 were to gain access to Gilmour Street, and Lot 3 was to gain access to Union Street.
The applicant had also applied for land use consent for the three proposed dwellings, which did not meet the performance standards in the District Plan for density, outdoor living courts, vehicle access and crossings, and other minor departures. It was proposed that the subdivision be completed prior to the erection of all three dwellings, therefore two separate resource consents have been applied for, so that each is capable of being implemented without the other consent. The proposed dwellings comprised of three levels – basement, mid floor and top floor. The maximum height of the buildings would be approximately 6.5m above ground level. Elevations and floor plans have been submitted with the land use consent application.
A detailed report was attached.
A hearing had been scheduled for 9.00 am. A site visit was held at 9.30 am. The hearing commenced at 11.05 am.
Mr John Evetts (applicant), Mr Peter Rogers (surveyor) and Tracey Carter (architect) attended the meeting for the benefit of the hearing.
Mr Evetts tabled a written submission outlining the reasons why the applications had been made.
Mr Evetts advised that the proposal was to beautify the corner of Union and Gilmour Streets and tidy up the section. This would also have an increased effect on land values for surrounding property owners. He added that all the neighbours were agreeable to the proposal.
Mr Rogers tabled a submission in support of the application along with a revised scheme plan. Mr Rogers advised that the applicant was willing to incur extra excavation costs to remove earth from the site to comply with sight distance requirements. Mr Rogers outlined the changes on the revised scheme plan. Other points addressed in the submission were the outdoor living court, density, height and daylight control, privacy and separation, yards, vehicle access and crossings, i.e. intersection separation distance, access gradients, sight distances, on site maneuvering and corner splays.
In conclusion Mr Rogers commented that the site design had been altered to satisfy Council concerns. Traffic safety was of a major concern and forward exiting had been provided for and the trimming back of the bank to allow for adequate sight lines. Intersection separation was also complied with for two of the Lots and very nearly complied with the third (Lot 2). It was proposed to place a consent notice over the corner to enable sight lines to be preserved. It was believed that this site was ideal for a three lot development as the section is a corner section, avoiding the need for right of ways. The section is elevated to allow for subterranean basements. The area had many higher density sites for retirement folk but none for the middle age busy family that wanted small easy care sections. The site was adequately serviced not only the normal utilities but also by open spaces. Public parks such as – Gilmour Reserve, Morgan Park and St Josephs School were all in close proximity. Amended recommendations were given.
Cr Tregidga asked if the applicant was happy to have the Hearings Committee consider the application as one.
The applicant and surveyor agreed to one single consent that covered the overall development.
Planners Report
Miss Davies presented her report. She explained the reason why the two separate consents had been brought to the hearing together and outlined the issues of concern. The main issues were the outdoor living, density and vehicle access. The amended plan adequately addressed outdoor living and vehicle access, but density was still an issue.
Engineers Report
The Manager Technical Services addressed the issues of concern to him, visibility and access and the need for a corner splay. He referred to a plan of the proposed development and commented that the taking of a corner splay was necessary to provide for possible future works to improve the intersection but that the applicant could use the land but could not build or plant on it unless permission was sought from Council.
Right of Reply
Mr Rogers spoke to the Planners Report and offered suggestions to address the concerns.
Mr Evetts commented that there been a lot of public interest shown towards the proposal, the neighbours had given there approval and interest in purchasing the properties had already been expressed. He was planning on living in the front house himself.
Cr Tregidga commented that the revised plan has helpful and addressed a lot of the issues of concern.
The hearing closed at 12.20 pm.
The Chairman closed the hearing and advised that Council’s decision was reserved until it had considered the evidence presented and all relevant matters.
The meeting adjourned at 12.22 pm until 12.30 pm.
DECISION
After discussion the Committee agreed to adjourn the meeting to allow the Planner time to draft some amended conditions.
The meeting was adjourned at 1.00 pm and would recommence at 9.30 am on Friday 9 August 2002.
MINUTES OF A RECONVENED MEETING OF THE HEARINGS COMMITTEE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON FRIDAY 9 AUGUST 2002 COMMENCING AT 9.30 AM
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PRESENT |
Crs J Tregidga (Chairperson), D Carmine and M Hayden |
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IN ATTENDANCE |
Miss L Davies (Consents Officer – Planning), Mr L Whittaker (Manager Technical Services) and Ms R Jamieson (Council Secretary) |
Members reconvened at 9.30 am to continue the discussion regarding subdivision consent and land use consent by JW Evetts, 39 Union Street, Waihi for subdivision into 3 lots and application to erect 3 dwellings.
The meeting adjourned at 10.00 am until 1.00 pm.
After discussion the Committee decided:
RESOLVED
A. Land Use
That pursuant to Section 105 of the Resource Management Act 1991 the Hauraki District Council grants consent to a non notified discretionary activity application to erect three dwellings and to depart from performance standard 9.2.1 – Height and Daylight Control, 9.2.4 – Density, 9.2.5 – Outdoor Living Court, and 9.2.7 – Privacy and Separation, at 39 Union Street, Waihi, legally described as Section 110A Town of Waihi, for the following reasons:
·
The degree of non-compliance with the Height & Daylight Control, Outdoor Living Court and Privacy & Separation standards is minimal and the adverse effects will be no more than minor.·
Potential adverse effects of departing from the Density standard are mitigated by:o
The small degree of non complianceo
The relatively unique topography of Section 110A Town of Waihi with two road frontages, and the specific design of the dwellings to utilise that topographyo
The small portion of the sum of the area of the three lots covered by buildingso
The written consent of those neighbouring property owners who are potentially adversely affected·
Proposed access from the site can meet the required sight distance standard.Pursuant to Section 108 of the Act this consent is subject to the following conditions:
1. That the development be carried out in general accordance with the information submitted with the application, including the elevations and floor plans by Vision Architecture Preliminary Sketch 1 Sheet 2, and as updated by the following:
·
Rogers Surveyors Scheme Plan reference 1250 Ver. III·
The supporting information dated 6 August 2002 presented by Peter Rogers at the hearing dated 7 August 2002.·
Vision Architecture Elevation – Artists Impression as presented at the hearing dated 7 August 2002, except that the retaining wall shown between Lots 1 and 2 shall be omitted and this area shall be excavated as shown on the above plans.2. That the access and turning areas for each dwelling shall be excavated, and bank trimming carried out, as highlighted on the Rogers Surveyors Scheme Plan reference 1250 Ver. III submitted at the hearing dated 7 August 2002 (labeled "Excavation Plan"). The excavated areas shall be retained and, where necessary, the retaining walls shall be designed by a suitably qualified engineer.
Note: A building consent will be required for the retaining walls.
3. 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.
4. 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.
5. 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.
HC02/32 Hayden/Carmine CARRIED
RESOLVED
B. Subdivision
That pursuant to Section 105 of the Resource Management Act 1991 the Hauraki District Council grants consent to a non notified non-complying activity application to subdivide 39 Union Street, Waihi, legally described as Section 110A Town of Waihi, into three lots for the following reason:
·
The subdivision is in accordance with an approved land use consent, and there will be no additional effects provided the site is developed in accordance with that consent.AND that the subdivision may be undertaken in stages provided that each stage satisfies the relevant performance conditions below.
Pursuant to Section 108 and 220 of the Act this consent is subject to the following conditions:
1. The subdivision shall be carried out in accordance with Rogers Surveyors Scheme Plan ref. 1250 Version III, dated 7 August 2002.
2. That a Community Recreation Facilities Contribution of $1,842.94 plus GST per lot be paid to Council for the creation of two additional lots (Waihi Ward).
3. That the existing dwelling be removed.
4. That a consent notice pursuant to section 221 of the Resource Management Act 1991 shall be registered against the certificates of title for each lot advising that development of Lots 1, 2 and 3 shall be in accordance with the information submitted with the application, including the elevations and floor plans in Vision Architecture Preliminary Sketch 1 Sheet 2, and as updated by the following:
·
Rogers Surveyors Scheme Plan reference 1250 Ver. III·
The supporting information dated 6 August 2002 presented by Peter Rogers at the hearing dated 7 August 2002.·
Vision Architecture Elevation – Artists Impression as presented at the hearing dated 7 August 2002, except that the retaining wall shown between Lots 1 and 2 shall be omitted and this area shall be excavated as shown on the above plans.5. That a consent notice pursuant to section 221 of the Resource Management Act 1991 be registered against the certificates of title for each lot, advising that the access and turning areas for each lot shall be excavated, and bank trimming carried out, as highlighted on the Rogers Surveyors Scheme Plan reference 1250 Ver. III submitted at the hearing dated 7 August 2002 (labeled "Excavation Plan"), to the extent necessary for each dwelling, and to achieve visibility in accordance with Performance Standard 9.3.3.3 of the District Plan. The excavated areas shall be retained and, where necessary, the retaining walls shall be designed by a suitably qualified engineer.
Note: A building consent will be required for the retaining walls.
6. That the subdivider shall provide separate power and telephone connections for each lot, along the road frontage of the subdivision (where the supply lines run along the road) or written confirmation from the appropriate supply authorities that these are available at no additional cost.
7. That a corner splay in accordance with the appropriate standard as specified in Rule 9.3.14.3 of the District Plan shall be created at the intersection of Union Street and Gilmour Street, and vested in Hauraki District Council as Road. In this case the appropriate standard is the 6.0 metre splay (Residential zone).
8. That the subdivider shall provide each of the unconnected lots with a metered water connection, at the road frontage, in accordance with NZS 4404:1981. A ring water main will be required.
9. That the subdivider shall provide each lot with a separate sewer connection in accordance with the requirements of NZS 4404:1981 and performance standard 9.3.7 of the District Plan.
10. That the subdivider shall provide each lot with a piped stormwater connection to the stormwater reticulation in accordance with NZS 4404:1981.
11. 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 the commencement of an work.
12. That three copies of "as built" plans be submitted to Council upon completion of construction, showing the details 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.
Advice Note: The land use consent, in accordance with which this subdivision consent has been granted, shall lapse pursuant to section 125 of the Resource Management Act 1991 two years after the date of commencement of that consent, unless the consent is given effect to before the end of that period or an application is made for an extension.
HC02/33 Hayden/Carmine CARRIED
LATE ITEMS
There were no late items.
The meeting closed at 1.20 pm.
CONFIRMED
J Tregidga
Chairperson
August 2002