RESOLVED

THAT the apology of John Tregidga be received and sustained.

HC03/26 Hayden/Gordon CARRIED

Pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the Chairperson called for late items to be accepted.

THAT pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the following late item be accepted for discussion.

An objection received from Mrs D Newstead concerning the proposed road closure to allow the holding of the annual motor bike race day.

The item was not the agenda because the closure date of objections on the road stopping proposal did not allow its inclusion in the agenda.

Discussion on the item could not be delayed because consideration needed to be given to the Resource Consent for the Motorbike Race Day and both items should be considered together.

HC03/27 Hayden/Gordon CARRIED

The Applicant P T Youngman has applied for subdivision consent for a boundary adjustment resulting in 5 titles and to partially depart from the requirement for an Esplanade Reserve adjacent to the Waitekauri River.

A detailed report was attached.

The hearing commenced at 9.00am.

Mr P Rogers (Surveyor) and Mrs Youngman attended for the benefit of the hearing. Mr Keith Sutton, Pauline Clarkin and Alice Anderson (Submitters) also attended.

Written statements from Mr D J Gaukrodger, Area Manager Hauraki, Waikato Department of Conservation and Mr R Bailey of Whangamata (Submitters) were read by Mr Matheson.

Mr Rogers presented his report outlining the details of the application. In response to questions from the Committee Mr Rogers advised:

Lot 1

Has building sites available for a dwelling.

Erosion and flooding of esplanade. Councillor Hayden wished to know how much recreational use is there in this area as there was a concern regarding how close the fence was to the bank. A proposal to consider moving the fence line in 2m to compensate for lack of access along bank was put forward.

On further consideration of survey work involved in creating an esplanade reserve along the northern part of Lot 9, it was proposed to vest this whole area in Council, as the rehabilitated quarry overburden dump site is already planted in trees and of little benefit to the balance of the lot.

Issues of maintenance of this area were raised by Councillors, who saw another option being to vest the land in the Department of Conservation. Given the lack of prior opportunity for the Committee to consider this matter, the Surveyor advised that he supported the staff’s recommendation.

The Applicant accept that the District Plan provides for access along waterways but raised safety issues regarding use of the walkway, and recommend that the existing fence form the Esplanade Reserve Boundary.

Mr Matheson read submissions from (DOC) – David John Gaukrodger and Ross Bailey (Fish & Game).

Ms Alice Anderson, the representative from the Ngati Hako Inc. presented a submission statement of evidence requesting to have the application declined until there had been consultation with the applicant. It was also mentioned that there had been no consultation with Iwi by Council and there was a lack of information provided in the application. Public access to riverways has become an issue but they wish to accommodate all interests in the land.

Mr Sutton outlined his support for the application.

Unsure of ownership of title of the adjoining piece of land to the north. Regenerating bush occupies this land. He advised that the Forest Park Boundary includes a "point" that reaches the western boundary of Lot 9. He proposed that land between the point and new esplanade reserve should also vest in Council, to provide another more direct access to the Forest Park (Department of Conservation land).

Mr Bailey advised that he wishes to see the rights of future New Zealanders to access streams, rivers, hills and mountains enhanced and protected. He believes that a reduction in width will be a retrograde step. To support this view he quoted from the report by the Land Access Ministerial Reference Group "Walking Access in the New Zealand Outdoors."

Mr Gaukrodger expressed support for the full length esplanade reserve, at no less than the currently fenced off width. He advised that an extensive length of river margin had been protected by a mining company and this should not now be lost.

Mr Matheson spoke to his report outlining the effects of the proposal and statutory requirements in relation to it.

Lot 8

Proposed esplanade reserve as shown in original application is not practical because people would be unsure of how far their access rights extended.

Council has not noted in the District Plan that it wishes to acquire additional land i.e. the former over burden dump. He advised that a decision on this additional area now being offered did not need to be made at this time. Reduced width of esplanade reserve recommended in staff report is in accordance with the objectives and policies of the District Plan.

Entrances exist to this lot, entrances 1 and 2 lead to possible house sites. These provide physical and legal access to road.

Lifestyle block, existing entrance to house.

Entrance No. 4 provides legal and physical access.

Entrances 5, 6 & 7 provide existing physical access.

Balance of land at Entrance No. 11.

Mr Rogers advised that his clients accept staff recommendation in relation to the esplanade reserve to be created on the eastern side of the river and to provide a full width esplanade reserve along the western side. They further accept that the offer of additional land will need to be discussed in another forum.

The Hearing adjourned at 10.32am

The Meeting reconvened at 10.50am

Temporary Closure of Streets, Submission from Mrs D Newstead.

A detailed report was tabled.

Mrs Newstead, Mrs Meredith (President) and Mrs Millard (Secretary) of the Paeroa Promotions Trust attended the meeting for the benefit of the Hearing,

Mrs Newstead advised that she had objected to the closure of roads for the Paeroa Promotions Trust – Motor Bike Race on Sunday, 22 February 2004 because she found the noise of the additional traffic using the Station Road bypass unbearable and that groups of motor cyclists congregated in Neil Street. The hot weather at that time of the year made keeping the windows shut difficult. She advised she did not have a car or any family living in the area.

The Chairperson advised that Mrs Newstead was the only person from who an objection had been received and that the Council would not refuse the road stopping on the basis of one objection. She asked the Paeroa Promotions Trust representatives if they could provide assistance to Mrs Newstead.

Mrs Meredith advised that the Trust was happy to provide transport for Mrs Newstead to visit friends or family out of town for the day.

THAT the objection from Mrs Newstead be disallowed on the grounds that measures can be taken to ensure that Mrs Newstead is able to be elsewhere on race day, and therefore not be subject to the effects of the traffic .

AND THAT the Paeroa Promotions Trust Inc. consult with Mrs Newstead to seek a solution to alleviate her situation on race day.

HC03/28 Carmine/Gordon CARRIED

The Paeroa Promotions Trust Inc. has applied for the temporary closure of streets in Paeroa for the one-day motor cycle racing event on the streets of Paeroa on Sunday 22 February 2004.

The Hearings Committee confirm the following recommendation of the Paeroa Ward Committee as modified below:

THAT pursuant to Section 11(e) of the Tenth schedule of the Local Government Act 1974 it approve the temporary closure of the following roads on Sunday, 22 February 2004 between the hours of 6.00am and 6.00pm.

THAT it be recommended to Council that pursuant to Section 11(e) of the Tenth Schedule of the Local Government Act 1974 it approve the temporary closure of the following roads on Sunday 22 February 2004 between the hours of 6.00am and 6.00pm.

AND THAT any requirements of Transit New Zealand and the Traffic Services Division of the Police Department are complied with.

AND THAT written acknowledgements from the owners/occupiers of residential properties located on the circuit be supplied to the effect that they are fully informed of the event

AND THAT signage and barricading of the roads to be closed and alternative routes shall be provided, to the satisfaction of the District Engineer and shall be supplied, erected and dismantled by Council at the cost of the organisers.

AND THAT the organisers shall be responsible for the placement of temporary rubbish containers, the emptying of all rubbish containers and the removal of all rubbish within the road closure area to the satisfaction of the District Engineer.

AND THAT the organisers shall arrange adequate public liability insurance ($1m) in respect of any and all claims arising from the event.

AND THAT any further conditions or requirements of Council associated with the event, imposed by the District Engineer or Manager Planning and Regulatory Services pursuant to the resource consent shall be complied with.

AND THAT the Organisers shall meet all the costs of Council associated with the event, and indemnify the Council against any loss arising from the event.

AND THAT the Organisers shall enter into a bond with Council to cover the Council’s costs associated with the event and to ensure compliance with the above conditions.

AND THAT permission be given for the use of the plaza area in the town centre in conjunction with the event.

AND THAT alternative routes for State Highway 2 and State Highway 26 traffic shall be provided as follows:

Detour via Station Road, Thames Road, Arney Street, Willoughby Street and Victoria Street.

Bus services affected by the road closures shall be given access through Willoughby Street to set down and pick up passengers in the vicinity of the public toilets. Clear signage at the normal bus stop explaining where the temporary stop is located is required.

Belmont Road from Station Road through Normanby Road to Victoria Street; Arney Street from Willoughby Street to Princes Street (State Highway 26); Princes Street; Wharf Street; Marshall Street; Hughendon Street; Francis Street; William Street; Hall Street; Mackay Street; Corbett Street from Belmont Road to Willoughby Street, and Willoughby Street from Corbett Street through to Arney Street.

The proposed closure was advertised in the Hauraki Herald on 9 September (with objections closing 15 October 2003).

HC03/29 Hayden/Gordon CARRIED

An application has been received from Paeroa Promotions Trust to hold its annual motorcycle race in each of the next 5 years.

A detailed report was attached.

The hearing commenced at 11.15am.

Mrs Jan Meredith (President) and Mrs Carol Millard (Secretary) of the Paeroa Promotions Trust attended the meeting for the benefit of the Hearing.

Mrs Meredith advised that the Trust was happy with the recommendation and conditions within the staff report, noting that these were the same as in previous years, except for the new requirement to provide portaloos in Ohinemuri Park.

Marina van Steenbergen outlined that the effect of the proposal to be considered is the excedence of the noise standard. Experience from the running of the event to date has shown that the event can run without any significant adverse effects, given its short duration and once a year occurrence. There is no reason not to grant consent for 5 years rather than one. The submission in opposition largely raised issues outside resource management. Safety etc is governed by other rules, which are the responsibility of other bodies.

She noted that the road stopping procedure would still need to occur annually, being governed by other legislation.

THAT pursuant to Section 105 of the Resource Management Act Council grant consent to this notified discretionary activity application to hold a motorcycle street race in the commercial area of Paeroa on the Sunday of the third full weekend in February in each of the next 5 years (2004-2008) and to depart from the noise standards contained in Section 9.4.1 (Noise) of the District Plan, on the grounds that appropriate mitigation measures will be undertaken, and that given the short duration of the event, the effects of departing from the noise standards will be minor.

Subject to the following conditions:

That this consent applies to the Sunday of the third full weekend in February in each of the next 5 years (2004-2008 only).

That the layout of the circuit and associated areas be generally in accordance with the plan submitted.

That toilet, hand washing and rubbish disposal facilities be provided to the satisfaction of the Manager of Planning and Environmental Services.

That provision be made, to the satisfaction of the Manager of Planning and Environmental Services, for the emptying of portaloos and rubbish containers, with final removal to an official disposal site.

That details be provided on:

Details shall be submitted to the Manager of Planning and Environmental Services for consideration and approval prior to 31 January in each of 2004-2008.

All food stall operators shall require a licence from the Hauraki District Council. Commercial operators shall submit a copy of their Certificate of Registration with their application.

Non profit organisations shall submit details of their proposals with their applications (no fee required).

All liquor sales shall be in accordance with the Sale of Liquor Act 1989.

That sufficient marshalls be on duty throughout the day to direct traffic to and within the designated car parks.

That clear warning signs are prominently displayed advising spectators to wear ear plugs within the circuit, particularly under shop verandahs.

That provision be made for InterCity Buses to use Willoughby Street if they wish, and that the designated bus stop be clearly identified. A sign shall be provided at the usual bus stop, and at the Information Centre, indicating to passengers the location of the temporary bus stop.

That the "no-parking" signs be located as per the plan submitted to Council and the Police for approval.

That the circuit shall be established and the event run in accordance with the current General Competition Rules of the New Zealand Auto Cycle Union.

That the conditions of approval given by the Paeroa Ward Committee be adhered to.

That toilet facilities be provided as per Appendix Five of the application. This shall include the location of at least 2 portaloos in "Bottle" Park.

That temporary advertising signs at locations numbered 1-6 may be erected. These shall be removed by the Sunday of the weekend immediately following race day.

These signs shall each be a maximum of 3m², and shall be erected in positions which comply with Rule 8.7.7.2 1 – Temporary Signs of the District Plan as follows:

That there be no motorcycle noise before 7.00am on the day of the event.

That the applicant have in place a Safety Management Plan and that all persons engaged in the Management and Support of the event are aware of the content of the Plan.

That the applicant prepare a Traffic Management Plan for each of 2004-2008, covering all roads to be closed and the bypass and parking areas for consideration and approval of the Manager of Planning & Environmental Services. This shall be submitted to Council prior to 15 January each year (2004-2008).

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.

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.

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.

HC03/30 Carmine/Gordon CARRIED

The Meeting adjourned at 11.30am

The Hearing reconvened at 11.40am

The Hearing for the Notified Resource Consent Application reconvened at 11.40am, and after discussion, the following resolution was addressed.

THAT pursuant to Sections 104 105, 108 and 220 of the Resource Management Act 1991 the Hauraki District Council grants consent to a Discretionary Activity application by P T Youngman to subdivide Sections 7, 8, 14, 15 and 25 Block XI and Sections 1, 23, 42, 48, and 49 Block X Ohinemuri Survey District, Golden Cross Road, Waihi for the following reasons:

The proposed subdivision has no adverse effects on the environment that are more than minor, provided that the conditions set out below are adhered to;

The proposal is generally in accordance with the subdivision provisions of the District Plan.

Subject to the above conditions the proposal is not contrary to the relevant objectives and policies of the Hauraki District Plan and the relevant sections of the Resource Management Act.

The reduction of the full width of the esplanade reserve will provide for the provision of public access along the Waitekauri River and contribute to the protection of the conservation values of the River in accordance with Rule 10.3.6.5 of the Hauraki District Plan.

The reduction of the full width of the esplanade reserve will provide for the provision of public access along the Waitekauri River and contribute to the protection of the conservation values of the River in accordance with Section 229 of the Resource Management Act.

The reduction of the full width of the esplanade reserve, but the provision of an esplanade reserve along the full length of the Waitekauri River boundary with Lot 8 will satisfy the majority of the concerns and issues raised within the submissions.

Subject to the following Conditions:

The subdivision shall be carried out generally in accordance with Peter Rogers Surveyors Ltd Scheme Plan ref. 1350, dated 10 April 2003 rev. II, except as modified by the conditions below.

That the esplanade reserve shall be provided over the entire length of the Waitekauri River that bounds Lot 8 at a reduced width. The width shall generally follow the boundary as shown on the plan labeled 82 659 042 - Esplanade Reserve - Youngman

The final width dimension to be approved by the Manager Planning & Environmental Services in consultation with the Department of Conservation and Te Kupenga O Ngati Hako, as part of the approval of the Survey Plan under section 223 of the Resource Management Act.

That Section 42 and Lot 9 hereon and Sections 1 and 48 Block X Ohinemuri Survey District be held in the same Certificate of Title (see LINZ 23792).

That Lots 1 and 8 hereon be held in the same Certificate of Title (see LINZ 23792).

That where the physical road is outside the road boundary the land occupied by road is vested in Council as road.

That a full width esplanade reserve be created along Lot 9, adjacent to the river.

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.

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.

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:

Water Supply – a land use consent will be required for any future bore constructed for water supply purposes. The abstraction of any water will need to comply with permitted activity rules under the Proposed Regional Plan or a water use consent will be required.

Stormwater Management- all on-site stormwater discharges should be managed in accordance with permitted activity rules under the Transitional Regional Plan (GA 14 or GA 14A) and the Proposed Regional Plan. If compliance cannot be achieved, a discharge consent will be required.

Sewage Disposal – Any on-site wastewater management systems put in place need to demonstrate compliance with permitted activity rules under the Proposed Waikato Regional Plan. The final system design will therefore need to be approved in accordance with theses rules by the Hauraki District Council or resource consent will be required for sewage discharge.

Earthworks and Tracking – any earthworks or tracking on steep land or in proximity to the Waitekauri River will need to demonstrate compliance with the permitted activity rules in Section 5 of the Proposed Regional Plan or a land use consent will be required.

River Bed Structures – the construction, maintenance or replacement of any access structures in or over the bed of the Waitekauri River, such as bridges or fords, may require resource consent. Environment Waikato should be contacted prior to any such works.

Consent Holder is advised that fencing the esplanade reserve on Lot 8 would assist with reducing the potential for public interference with the farming activities on site, reference should be made to the Fencing Act Provisions.

Consent Holder is advised that discussions should be held with Department of Conservation regarding the legalization, via an easement concession, of the existing access onto Section 49 Blk X over the marginal strip. Consideration should also be given to the legalization of existing access onto Sections 1, 42 and 48.

Consent Holder is advised that Council may be approached to establish a cost sharing agreement for road legislation required by Condition 5.

HC03/31 Gordon/Hayden CARRIED

The Hearing closed at 11.57am

CONFIRMED

M Carmine

October 2003