L.D. Cavers

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.

4. OBJECTION TO CONDITIONS

4.1 APPLICATION FOR CANCELLATION OF SUBDIVISION CONSENT CONDITION – AS MOSES, RA FRY, PW THOMAS, TUNA PLACE, WHIRITOA (81.759.849) 1-8

The applicants, A S Moses, R A Fry and P W Thomas (RMS Surveyors on behalf of) have applied for cancellation of condition 9 pursuant to section 127 of the Resource Management Act 1991.

A detailed report is attached.

A hearing has been scheduled for 9.00 am.

THAT pursuant to Section 127 of the Resource Management Act 1991 Council decline the application to cancel condition 9 of resource consent decision no. 2000/01-6 (file ref.81.759.849), on the grounds that:

• There has been no change in circumstances that make the condition inappropriate or unnecessary;

• Whilst the existing shade cloth fence assists in preventing access through the dune to the beach, the encroachment into the esplanade reserve by the owners prevents the re-establishment of dune vegetation on the area of reserve between the boundary and the existing fence.

5. NOTIFIED RESOURCE CONSENT APPLICATIONS

5.1 J & M RITCHIE, HEARD ROAD WAIHI (82.664.001) 9-56

The Ritchie’s own Lot 4 DPS 87456. In September 2001 consent was granted to them to subdivide this into 2 lots 0 Lot 3 of 1.9 hectares (now shown as 2.09 hectares) and a balance lot. This subdivision had not been completed.

Lot 4 was created in February 2000 by a subdivision by the previous owner, N Worker. Mr Worker had submitted an indicative scheme plan for the subdivision of this lot into 6 lots in 2000. This was placed before the Hearings Committee at its meeting in March 2000. The Committee "confirmed that it was not adverse to the overall intention of the proposal, which is in line with Council’s intention of seeking to direct lifestyle lot subdivision to Class IV – VI land." This indicative plan provided access for the lots via a right of way. The present proposal is to subdivide the balance of Lot 4 into 8 lots, to be served by a new legal road.

A detailed report is attached.

A hearing has been scheduled for 9.30 am.

A.  That pursuant to Section 221(3) of the Resource Management Act 1991, Hauraki District Council agrees to cancel the following consent notice imposed on the title of Lot 4 DPS 87456 (as required by condition 3 of Decision 1999/2000 – 85) as it relates to Lot 4 87456 only.

"That prior to ground logging of the trees on Lots 2 - 4, a Class A (or equivalent then applicable entrance) shall be installed for use during the operation (one for each lot being logged)".

B.  That pursuant to Section 243(e) of the Resource Management Act 1991, the Hauraki District Council cancel part of the condition requiring the creation of an electricity and telecommunication easement over Lot 4 DPS 87456 in favour of Lot 8 DPS 79167, Lot 5 and Lot 6 DPS 84969 in relation to those parts shown as "Y" and "Z" over Lots 2 and 11 on Trevor C Davies & Associates Scheme Plan ref. 1077/SP/3.

C.  That pursuant to Section 321(3) (c) of the Local Government Act 1974, the Council is satisfied that Lots, 6, 7 and 8 are provided with adequate access pursuant to an easement of right of way running with the land and appurtenant to those allotments and pursuant to a condition imposed under Section 220(1) (b) (iv) of the Resource Management Act and that subsection (1) shall not apply.

D. That pursuant to Section 105 of the Resource Management Act 1991 the Hauraki District Council grant consent to this non-notified, non complying activity application to subdivide the balance of Lot 4 DPS 87456, located at Heard Road, Waihi into 8 lots, an access lot and a lot to vest as road, on the grounds that:

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

b) The subdivision has been designed in such a way as to minimize adverse effects on the environment.

c) The open rural character of the area is maintained by the layout of the subdivision.

d) Conditions can be imposed to mitigate any effects.

Subject to the following conditions:

1)  The subdivision shall be carried out generally in accordance with the Trevor C Davies and Associates Scheme Plan Ref 1077/SP/3, dated November 2002, except as amended by the conditions below.

2)  That the boundary between Lots 7 and 8 be amended to include approximately 1000m² of the more gently sloping land presently included in Lot 7, to the south of Lot 8, in Lot 8.

3)  That a Community Recreation Facilities contribution of $1,842.94 plus GST, per lot, be paid to Council for the creation of seven additional lots (Waihi Ward).

4)  That the following easements be created:

5)   That the following existing easements be cancelled.

6)  That the following restrictive covenants be created.

7) That lot 10 hereon (legal access) be held as to three undivided one-third shares by the owners of lots 6, 7 and 8. Hereon as tennants in common in the said shares and that individual certificates of title be issued in accordance therewith.

See: request 100929

8)  That Lot 11 hereon be vested in the Council as road.

9)  That the internal access on Lot 10 (Access lot/row) shall be constructed by the subdivider in accordance with the appropriate standard specified in Rule 9.3.19.3 of the District Plan. In this case the appropriate standard is that for 3-4 lots, off a sealed road, in the Rural Zone.

10)  That the new road on Lot 11 be constructed, formed and sealed in accordance with Rule 9.3.17.3 of the District Plan. The road design and construction is to include adequate stormwater runoff controls.

11)  That the subdivider shall reticulate the subdivision for power and phone. Each lot shall be provided with a connection to the reticulations, along the road frontage of the subdivision (where the supply line runs along the road).

12)  That a Class C (Standard Rural Residential Vehicle Entrance) as specified in Rule 9.3.3.3.E of the District Plan be constructed by the subdivider to Lots 9 and 10.

13)  That the subdivider constructs a deer fence of 1.8 metres in height, topped by barbed wire, along the eastern boundary of Lot 11 (Road to vest), for that length of Lot 11 adjoining the Orokawa Bay Scenic Reserve.

14)  That a consent notice shall be registered against the titles of Lots 1 and 2, 4 - 8 pursuant to Section 221 of the Resource Management Act 1991 stating that the owners and/or occupiers of those lots shall not bring onto the Lots or raise, breed or keep any animals on the Lots which may become a nuisance to adjoining owners or threaten the value of Orokawa Bay Scenic Reserve, including but not limited to the raising or keeping of deer, goats, pigs and ferrets. The owners/occupiers shall take all reasonable steps to restrict any animals, including pets, to the confines of their properties.

15)  That a consent notice shall be registered against the titles of Lots 1 and 2, 4 - 8 pursuant to Section 221 of the Resource Management Act 1991 stating that any chimney on any building to be erected on Lots 1 and 2 and 4 to 8 shall be constructed to include a spark inhibitor to prevent the emission of sparks.

16)  That the areas currently planted in pine trees on Lots 4 – 8 be replanted with trees following harvest.

17)  That a consent notice shall be registered against the titles of Lots 1 and 2, 4 - 8 pursuant to Section 221 of the Resource Management Act 1991 stating that should any features of archaeological, historical or cultural significance be discovered during any earthworks or any site works for building construction, work in the direct area shall be discontinued and the Council, the Historic Places Trust and Tangata Whenua notified. Work in the direct area will not be able to continue until consent is granted to do so by the Council and the Historic Places Trust. Consent by the Council may be granted after the Council has considered an application under Section 7.1 of the Operative District Plan.

18)  That prior to ground logging of the pine trees on Lots 4,5,6,7 or 8, a class A (or equivalent then applicable entrance) shall be installed for use during the operation (one for each lot being logged).

19)  That one dwelling only be constructed on each of Lots 1 and 2 and 4 – 9.

20)  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 commencement of any work.

21)  That three copies of "as built" plans be submitted to Council upon completion of construction, showing the details required by NZS 4404:1981.

22)  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.

23)  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.

24)  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.

1)  To recognise the proximity and botanical significance of Orokawa Bay Scenic Reserve owners/occupiers of Lots 1 and 2 and 4-8 are advised not to bring on to the lots any plant pest identified in the Waikato Regional Pest Management Strategy or subsequent pest strategies.

2)  To recognise the proximity and botanical significance of Orokawa Bay Scenic Reserve owners/occupiers of Lots 1 and 2 and 4-8 are advised that all native plantings within the lots should be eco-sourced from the Coromandel or Northern Volcanic Plateau Ecological Regions. Advice on suitable species can be obtained from the Department of Conservation.

6. LATE ITEMS