NOTICE IS HEREBY GIVEN THAT A MEETING OF THE HEARINGS COMMITTEE WILL BE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON 17 JULY 2002 COMMENCING AT 9.00 AM

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 propose to subdivide their property of 2.3575 hectares into two lots. Lot 1 is to contain 1.8571 hectares, including a building that has been converted to a dwelling, and a work shed. Lot 2 is to contain 5014m˛. The boundaries are proposed to be located so that most of a gully running through the property is contained within Lot 2.

A detailed report is attached.

A hearing has been scheduled for 9.00 am.

RECOMMENDATION

THAT pursuant to Section 105(2A) of the Resource Management Act 1991 the Hauraki District Council grant consent to this non notified, non complying activity application to subdivide Lot 3 DPS 33032 into two rural lots, for the following reasons:

· The subdivision satisfies the objectives and policies in the District Plan.

· The separation of Lot 2 from the balance land will have no more than minor adverse effects, given its limited productive potential, and the nature of the surrounding environment.

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

1.  That the subdivision shall proceed in general accordance with Rogers Surveyors Plan of Proposed Subdivision Ref. 1243, dated 17 June 2002.

2.  That the subdivider shall provide power and telephone connections for Lot 2, along the road frontage of the subdivision (where the supply lines run along the road), or written confirmation from the respective supply authorities that these connections are available at the standard connection fee.

3.  That a consent notice shall be registered against the Certificate of Title for Lot 2 pursuant to Section 221 of the Resource Management Act 1991, stating that for any dwelling erected to the north of the gully on the lot, the on-site domestic sewage treatment and disposal system installed shall comply with Environment Waikato’s Rule 3.3.3 of the Transitional Regional Plan for Discharge of Domestic Sewage from On-Site Domestic Sewage Treatment and Disposal Systems, and Rule 3.5.7.6 of the Proposed Regional Plan, for Discharge of Domestic Sewage from New, Improved On-Site Domestic Sewage Treatment and Disposal Systems, as appropriate.

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

5.  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.

6.  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.

7.  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 Notes:

· Future owners of Lot 2 are to be advised that to erect any building within 20 metres of the watercourse, the written approval of Environment Waikato may be required.

· The existing entrance to Lot 1 has minimum visibility and therefore the surrounding vegetation should be trimmed/removed for a minimum distance of 20 metres in each direction.

· The existing entrance to Lot 1 should be upgraded to Class C.

· That a Class C (Standard Rural Residential Vehicle Entrance) as specified in Rule 9.3.3.3.E of the District Plan is required to be constructed to Lot 2 at the time of building consent or development on the lot.

Attached is a report from the Supervisor-Resource Mangement Services regarding an application from Waihi Gold Company for a change to condition 3.27 of their resource consent.

A hearing has been scheduled for 9.45 am.

RECOMMENDATION

That pursuant to Section 127 of the Resource Management Act, the Council grants consent to the application to change condition 3.27 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 23.27 is therefore now to read:

3.27 STORAGE AND MANAGEMENT OF HAZARDOUS MATERIALS

(a) The maximum quantities of the following hazardous substances to be stored at the Surface Facilities area, generally as indicated on Plan 6, shall be as follows:

§ Diesel: 124,000 litres

§ Ammonium Nitrate: 150 tonnes

§ Packaged Explosive: 8,000kg

a) Detonators: 8,000 units

together with bottled gases

(b) Prior to commissioning of any hazardous materials storage facility within the area indicated on Plan 6, or commencing storage of in excess of 4,000 detonators on site, the consent holder shall submit for the Council’s approval a report:

§ indicating in detail (by way of plans and specifications) storage proposals;

§ establishing compliance with all relevant codes of practice and statutory requirements (including the Consent Holder’s Environmental Management Plan and the Site Spill Contingency Plan);

§ providing certification by a suitably qualified safety expert that all facilities meet relevant codes of practice and statutory requirements.

On 5^th June 1998 resource consent was granted to Waihi Hospital (decision No. 97/98 – 143) to erect 20 individual cottages (with garages) for the elderly in the grounds of Waihi Hospital. The application was to depart from the density standard (less than 350m² exclusive to each unit) and the living court standard (several less than 60m², none fenced). The application was also for the alteration of a heritage item (the Waihi Hospital building) which is not part of this application.

The resource consent was granted subject to a number of conditions, including that "Residents of Units shall be a minimum age of 65 years". Seven of the units have been erected, and some landscaping around those units carried out. The ownership of the Waihi Hospital and grounds has now changed from Christofferson to Waihi Hospital (2001) Ltd.

The applicant now proposes to erect a total of 23 units, therefore a new land use consent is required. The proposed site layout has been altered from that submitted for the original consent. An additional unit (Unit 8) is proposed between existing Units 3 and 4; this unit is an existing garage to be converted to a dwelling. Two further additional units are proposed at the eastern end of the site (on an area that was proposed to be left vacant in the original application). As part of the application the applicant also wishes to have the age limit for residents reduced to 55.

It is also proposed to subdivide the property, to separate the hospital from the units and to create unit titles to accommodate the existing and proposed cottages. These will be treated as a separate application to the land use application.

A detailed report is attached.

A hearing has been scheduled for 10.30 am.

RECOMMENDATION

THAT pursuant to Section 105 of the Resource Management Act 1991 Council grants consent to a non notified discretionary activity application to construct a total of 23 dwelling units and to depart from Performance Standard 9.2.4.3 – Density and to partially depart from Performance Standard 9.2.7.3 – Privacy and Separation, at Waihi Hospital grounds, Toomey Street, Waihi, legally described as Lot 1 DPS 82209 for the following reason:

· The adverse effects of the proposal are considered to be no more than minor, and the higher density of development is justified for the intended purpose of the units as retirement cottages.

Subject to the proviso that the written approval to the proposal be obtained from the designating authority.

Pursuant to Section 108 of the Act the following conditions shall apply:

1. That the development shall proceed generally in accordance with Vaughan D Baker plan ref. 3475 Sheet 2 dated March 2002, amended May 2002, and documents submitted with the application, including that each dwelling unit shall have a complying living court and service court and one onsite carpark, and except as may be required to be altered by the following conditions.

2. That the length of open drain to the east of Units 22 and 23 shall be piped from the northern boundary to and connecting with the pipe under the driveway from Seddon Avenue, in accordance with NZS 4404:1981.

3. That the boundaries of Units 22 and 23 be amended to provide for a 6 metre wide access up to and including the entrances to Units 19 and 22, while still providing a net lot area of at least 330m² for Unit 22 and 290m² for Unit 23, and that filling and compaction over/adjacent to the piped drain be carried out as necessary to provide for a complying living court and service court for each Unit.

4. That a detailed landscaping plan (including for Units 1 – 8) showing all footpaths, paved areas, gardens and trees in accordance with the standards set out in Performance Standard 9.3.12.3 of the District Plan, be submitted to the Manager of Planning and Environmental Services for approval prior to application for building consent for any additional dwelling units. The plan shall include an estimate of the cost of completing the landscaping proposed.

5. That the approved landscaping plan be implemented for each additional dwelling or group of dwellings covered by one building consent, by the end of the first planting season following the dwelling or dwellings being finished to a habitable standard, or prior to section 224 approval for each stage.

6. That a bond shall be entered into with Council to ensure that the landscaping as required by conditions 2 and 3 above is implemented. The sum of the bond shall be twice the sum of the estimate of the cost, as approved by Council under condition 2 above.

Note: Application may be made for the progressive release of the bond as areas are completed.

7. That a minimum of three car parking spaces be formed and constructed (in addition to the existing car parking spaces) in accordance with the standards set out in Performance Standard 9.3.5.3 of the District Plan, in the vicinity of the maternity annexe on Lot 1, to replace those that will be contained within the boundaries of Lot 2, to the satisfaction of the Manager of Planning and Environmental Services.

8. That the entrance to Unit 10 be from the south western corner of the lot.

9. That the proposed internal accessways shall be formed and constructed in accordance with the standards set out in section 9.3.19.3 of the District Plan (Internal Access) and NZS4404:1981, and NZS 4121:1985 (Disabled Access) to the satisfaction of the Manager of Planning and Environmental Services. The driveway from the main access up to and including the entrances to Units 19 and 22 shall be constructed as a two way access.

10. That a passing bay be provided on the western side of the accessway south of Unit 7, of a standard to accommodate a 90%ile car, to the satisfaction of the Manager of Planning and Environmental Services.

11. That the existing internal access (including 2 passing bays) from the end of the Right of Way from Seddon Avenue to and including the hospital service area be prepared for and resealed (2 coat chip seal) in accordance with NZS 4404:1981.

12. That street lighting be provided on the main driveway from Seddon Avenue and the accessway serving Units 19 - 23 in accordance with Part 3 NZS 4404:1981.

13. That telecommunications and power be provided underground in accordance with NZS 4404:1981 or any other relevant legislation.

14. That a close boarded or similar fence with a minimum height of 1.2m shall be provided between Unit 1 and Toomey Street, and along the northern and western boundaries of Unit 21 adjacent to the parking area of the maternity annexe, the design of which shall be in keeping with the overall hospital development.

15. That the development be reticulated for sewage disposal, including an individual connection for each unit from the common private main, to the satisfaction of the Manager of Planning and Environmental Services.

16. That the development shall be reticulated for water supply in accordance with NZS 4404:1981, including individual meters, to the satisfaction of the Manager of Planning and Environmental Services.

17. That the development shall be reticulated for stormwater disposal in accordance with NZS 4404:1981, to the satisfaction of the Manager of Planning and Environmental Services. Stormwater from Units 9 – 22 shall be disposed of to the eastern boundary drain.

18. That Engineering drawings and specifications covering all engineering works (including the three car parks required in condition 7) shall be submitted to the Manager of Planning and Environmental Services for consideration and approval for the overall development, prior to the commencement of any work.

19. That three copies of "as built" plans be submitted to Council upon completion of construction of the first stage of unit development and for each subsequent stage (including Units 1 – 7), showing the details required by NZS 4404:1981.

20. Construction noise shall meet the limits recommended in, and be measured and assessed in accordance with NZS 6803P:1984.

21. Residents of units shall be a minimum age of 55 years.

22. That following removal of the large trees within Units 17 – 20, an Engineer’s report be provided to Council to confirm 100kpa Ground Capacity for the construction of light timber framed buildings to NZS3604: 1999, or setting out specific designed foundations for each dwelling unit.

23. 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.

24. 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.

25. 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.