RESOLVED

THAT the apology of Cr Gordon be received and sustained.

HC02/34 Carmine/Hayden 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.

- Draft Dog Control Policy

The item was not on the agenda because information had been received 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.

HC02/35 Carmine/Hayden CARRIED

HC02/36 Carmine/Hayden CARRIED

There were no matters arising.

On 25 July 2002 consent was granted under delegated authority to an application by the above to subdivide the Waihi Hospital property into Lot 1 of 1.03 hectares, and Lot 2 of 1.15 hectares. Lot 1 contains the hospital and associated buildings, and Lot 2 contains the existing and proposed retirement cottages, and the chapel. A right of way was also proposed over the access through Lot 2 from Seddon Avenue, in favour of Lot 1.

The consent was subject to a number of conditions. An objection has been lodged pursuant to section 357 of the Resource Mangement Act 1991 on behalf of the applicant to conditions 4, 6 and 8. An objection to condition 12 of the land use consent has also been lodged.

A detailed report was attached.

A hearing had been scheduled for 9.00 am. The hearing commenced at 9.10 am.

Mr Vaughan Baker (surveyor) attended the meeting for the benefit of the hearing.

Mr Baker outlined the objection. A review of conditions 4 – resealing of ROW, condition 6 – fire hydrant, and condition 8 – power supply had been asked for. Mr Baker commented that the conditions in the original consent said ROW needed upgrading but did not specify when.

With regard to the fire hydrant all the hydrants were presently on the hospital lot and there were none on Lot 2.

Miss Davies advised that with regard to condition 4 the existing access, which would become the right of way, was not up to the right of way standard in the District Plan.

Mr Baker suggested that some type of bond might be a solution.

With regard to condition 6 the relief sought by the applicant was that the condition be removed and added to the conditions for the Land Use consent. It shoud be noted that the land use consent had been finalised and therefore conditions cannot simply be added. Section 127 of the RMA provided for change or cancellation of conditions but not adding of conditions.

The existing units were all within 135m of a hydrant on Toomey Street. At present, the sites on which the future units were proposed to be erected were also within 135m of a hydrant within the hospital grounds (proposed Lot 1). As a result of the subdivision this hydrant would not be ‘legally’ accessible by Lot 2. Therefore a new hydrant should be installed prior to the erection of any of units 9-25.

It was appropriate that the condition be imposed on the subdivision consent rather than the land use consent, as the land use consent could be implemented without the subdivision, in which case the hydrant within the hospital grounds would be legally accessible.

Mr Baker advised that the fire hydrant would be provided at the time of providing water reticulation in that area.

Regarding condition 8, the relief sought by the applicant was that the condition be removed. The intention of this condition was that if any of the existing power connections to Units 1-7 were within any part of Lot 1, easements should be provided at this time or the connections should be relocated. In addition, if the chapel was currently served by a power supply from the hospital, this should be disconnected and a new connection provided if necessary. The reference to the chapel building was not intended to require that a new electricity connection be provided, but rather that it should be disconnected from the hospital supply. As Lot 2 was clearly already provided with a power connection (to the existing units) a new connection to the chapel building should be voluntary. If necessary the reference to the chapel building could be removed from the condition.

The hearing closed at 9.35 am.

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 9.35 am until 9.50 am.

After discussion the Committee agreed to adjourn the hearing until Thursday 12^th September 2002 at 12.45 pm to allow the Planner time to draft some amended conditions.

The meeting adjourned at 10.00 am until 10.15 am.

Attached was a report from the Supervisor-Resource Mangement Services regarding an application to establish and carry out the production and sale of traditional style Korean/Asian medicines and remedies derived from deer antlers and meat, on section 23 BLK XIII Waihou SD, on the corner of SH 27 and Tramline Road, Patetonga.

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

Donna Hills (Planner Opus International Consultants), K Mitchell (architect), Mr and Mrs Yoo (applicants) attended the meeting for the benefit of the hearing.

Ms Hills tabled a written submission outlining the consent. Ms Hills advised that the applicants were happy with the recommendations contained within the Planner’s report.

It was asked why 10 carparks had been provided in the proposal when only 6 were required under the District Plan.

It was noted that the products would only be sold from the shop on site and would not be sold through any other outlets.

Miss van Steenbergen presented her report. She advised that the application was a discretionary activity under the District Plan and outlined the consultation and discussions that had taken place with the adjoining owners. As there had been no specific objections to the proposal and the effects were considered minor the proposal had not been publicly notified.

Ms van Steenbergen outlined the proposal and advised that there would only be one busload at a time visiting the site, the buildings are situated away from site boundaries, the activity was not noisy or dusty. For the majority of the time it would appear that nothing was happening to outside observers. The site was well screened by existing trees. The dwellings on neighbouring properties were not in the near vicinity of the proposal and taking all these matters into account it was considered that the neighbours were not affected parties.

With regard to the objectives and policies of the District Plan, the area of land to be used was very small and there was only the building of the carparking area, which would take up additional land. The site for the proposal was suitable as it was on a main traffic route for tourist buses. The Planner recommended that consent be granted and conditions imposed as per the report.

It was noted that the applicants needed to understand that the proposal needed to be restricted to what was in the application. If the operation were to expand then a further consent would have to be sought.

The hearing closed at 10.40 am.

The Chairman closed the hearing and advised that Council’s decision was reserved until it had considered the evidence presented and all relevant matters.

After discussion the Committee agreed that:

RESOLVED

THAT pursuant to section 94 of the Resource Mangement Act, Council resolves that the application need not be notified on the grounds that it is satisfied that the adverse effect on the environment of the activity for which consent is sought will be minor and that no further affected party consents are therefore required

THAT pursuant to Section 105 of the Resource Management Act, Council grant consent to this Discretionary activity application to establish and carry out the production and sale of traditional style Korean/Asian medicines and remedies derived from deer antlers and meat on section 23 Block XIII Waihou Survey District (corner of SH 27 and Tramline Road, Patetonga) on the grounds that:

The nature and small scale of the activity are such that the proposal is not contrary to the objectives and policies for the Rural Zone; the location adjacent to Patetonga complements the existing activities in the Township and the effects will be minor.

Subject to the following conditions:

1) That the manufacturing operation and sales outlet be established and operated in accordance with the information and plans submitted with the application, except as required to be modified by the following conditions:

2) That the entrance be upgraded to a modified Class B standard i.e. the splay need only be provided on the western half of the entrance, see performance standard 9.3.3 – class B.

3) That on site car and bus parking is provided for a minimum of 2 buses and 6 cars. The car and bus parking shall be laid out in accordance with the requirements of performance standard 9.3.4 and such that the buses can be turned on site to avoid reversing of the buses onto the road.

4) That the on site car and bus parking and associated manoeuvring area be constructed and surfaced in accordance with performance standard 9.3.5. – standards 1,2 and 7.

5) That the existing trees screening the parking area from Tramline Road be retained.

6) That engineering plans and specifications for the entrance, car/bus parking and manoeuvring area shall be submitted for consideration and approval of the Manager of Planning and Environmental Services, prior to construction commencing.

7) That conditions 2,3 and 4 be complied with prior to the opening of the premises to the public (tourist buses and other customers).

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) (b) 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 the monitoring this consent including all costs associated with the consideration and certification of plans and details associated with the consent as appropriate.

NOTE: A Building Consent will need to be obtained for the conversion of the buildings (G 3 will apply to the "factory" part and G 1 to the toilet facility) and for the effluent disposal system.

HC02/37 Carmine/Hayden CARRIED

The Supervising Officer Monitoring tabled a copy of the draft Dog Control Policy. The policy required reviewing. The changes were outlined and the Committee went through the document and commented on issues of concern.

RESOLVED

THAT the Draft Dog Control Policy as amended by the Hearings Committee be presented to the Planning & Finance Committee.

HC02/38 Carmine/Hayden CARRIED

The meeting adjourned at 11.25 am.

CONFIRMED

J Tregidga

September 2002

Members reconvened at 12.45 pm to continue the discussion regarding objection to conditions of subdivision consent by Waihi Hospital (2001) Ltd, Toomey Street, Waihi.

After discussion the Committee decided:

RESOLVED

THAT the objection to condition 4 be dismissed and the condition be confirmed, as the Committee could find no basis on which to grant a departure from the formation requirements for the accessway, particularly given existing vehicle movements to and from dwellings and the hospital

AND THAT the objection to condition 6 be upheld, and that the condition be deleted. A fire hydrant is not required to serve either Lots 1 or 2 at this stage.  An advice note shall be added to the consent to the effect that:

At such time as further units are erected on Lot 2 that are not within 135 metres of a fire hydrant (that is legally accessible by Lot 2), a fire hydrant shall be provided by the applicant within 135 metres of the unit.

AND THAT the objection to condition 8 be partially upheld, and the words "(in particular the chapel building)" be deleted as it is important to remove any shared power reticulation between Lots 1 & 2 unless such services are protected by easements.

HC02/39 Carmine/Hayden CARRIED

The meeting closed at 4.55 pm.

CONFIRMED

J Tregidga

September 2002