MINUTES OF A MEETING OF THE HEARINGS COMMITTEE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON THURSDAY 8 APRIL 2004 COMMENCING AT 9.00AM.

There were no apologies.

There were no late items.

MEETING HELD THURSDAY 19 FEBRUARY 2004

HC04/07 Carmine/Hayden CARRIED

MATTERS ARISING FROM THE MINUTES

There were no matters arising.

NOTICE UNDER SECTION 12(a) OF THE CONTROL OF DOGS BYLAW (1991) (15KB)

F & S DISHER

An application has been received from F & S Disher for dispensation to keep more than two (2) dogs at their property at 17 Richmal Street, Waihi.

A detailed report was attached.

A hearing had been scheduled for 9.00am. The hearing commenced at 9.05am.

The applicants, Mr & Mrs Disher attended the meeting for the benefit of the hearing.

The Mr J Haire attended the meeting in support of his submission.

Mr Disher outlined the fencing of the present property and the profiles of the dogs which they own. The Disher’s stated that they have employed a fencing contractor to construct fencing to a standard to keep the dogs secure on the property.

Mr Haire spoke in support of his submission. He stated that he was concerned about the noise of the dogs carrying up to his property due to the elevation of his property and that his major concern was the noise from barking dogs that was of greatest concern to him.

The Chairman questioned the position of Mr Haire’s house in relation to the Disher’s property. Mr Haire outlined the position of the property. The Chairman commented that the history of the dogs and the breed of the dogs must be considered in the decision.

Cllr Hayden commented that one of the dogs had been debarked.

Mr Bierre advised of the terms of the dispensation stating that dispensation is only given when an investigation has been completed.

Mr Sexton stated that dispensation can be revoked if a dog is unregistered, creates excessive noise or displays any other behavioural problems.

Mr Disher spoke regarding the type of fencing and planting which they intend to put in to create more privacy from their neighbours. He stated that he is prepared to adhere to the dispensation requirements.

The Chairman stated that the Disher’s and Mr Haire have to be accepting of the each others opinions.

Mr Sexton advised that when one of the dogs dies that it could not be replaced.

Mr & Mrs Disher stated that they will supervise their dogs when outside in public and will take the dogs away with them when they leave heir property for some time. They will not leave the dogs unattended.

The hearing closed at 9.40am.

After considering all the evidence it was:

HC04/08 Tregidga/Hayden CARRIED

APPLICATION FOR AN ALTERATION TO AN EXISTING DESIGNATION REALIGNMENT OF STATE HIGHWAY 2 BETWEEN OLD NETHERTON ROAD AND AWAITI ROAD, FOR TRANSIT N.Z.

A detailed report was attached.

A hearing had been scheduled for 9.30am. The hearing commenced at 9.50am

Cllr Gordon questioned whether the power poles were to be relocated and expressed a concern of the lack of maintenance of the state highway roadside area on the northern side of Old Netherton Road which is in need of vegetation clearance for safety reasons.

The hearing closed at 10.00am.

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

After considering all the evidence the Committee:

The requirement is confirmed for the following reasons:

The requirement promotes the sustainable management of State Highway 2 by enhancing the safe and efficient movement of traffic on the highway, and onto and off private properties on this section of highway;

It is reasonable for Transit to require additional land outside the existing designated road, to permit the desired realignment;

The disruption to the local environment is short term and able to be mitigated by appropriate management during construction.

HC04/09 Gordon/Carmine CARRIED

OBJECTION TO CONDITIONS OF SUBDIVISION CONSENT (23KB)

MONTROSE FARM LIMITED – 165 GOLDEN VALLEY ROAD, WAIHI

A detailed report was attached.

A hearing had been scheduled for 10.00am. The hearing commenced at 10.15am

Mr Ross Stewart – Consultant for RMS Surveyors attended for the benefit of the hearing.

Mr Stewart outlined the details of the proposed subdivision of the property to subdivide the house and associated residential area. An amendment to the proposed application was tabled showing a new route for part of the length of the right of way. The objections to the conditions lodged and the objector’s comments detailed in the report were presented.

Discussion was held as to the requirement for the payment of a CRFC for the construction of a second dwelling, and for subdivision. It was pointed out that this was Councils only opportunity to obtain a contribution in relation to this particular dwelling.

Mr Bryant outlined the reasons for the ROW to be wider as there is potential for the ROW to be used for heavy traffic.

He advised that the amended ROW route was acceptable with a 3m wide formation including two passing bays.

Mr Bryant confirmed the required dimensions of the ROW entrance (Class B) and that the entrance must be sealed to prevent edge of the road seal breakage and transfer of metal etc onto the road.

The basis for Councils requirement for payment of a community recreation facilities contribution was clarified by Ms van Steenbergen.

Mr Stewart spoke in regard to the rules in the District Plan relating to the payment of a CRFC on the construction of a new dwelling. He stated he felt the CRFC should not be charged once a property with 2 existing dwellings was subdivided.

The Chairman outlined the justification for the contribution sought from subdividers as set out in the District Plan.

The hearing closed at 10.50am

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

MONTROSE FARM LIMITED – 165 GOLDEN VALLEY ROAD, WAIHI

After considering the information presented the Committee:

HC04/10 Gordon/Carmine CARRIED

NON-NOTIFIED APPLICATION FOR SUBDIVISION CONSENT for (48KB)

R W & L G WRIGHT, 359 ROTOKOHU ROAD, PAEROA

A detailed report was attached.

A hearing had been scheduled for 10.45am. The hearing commenced at 11.05am.

Mr V D Baker (Surveyor) was present for the benefit of the meeting.

Mr Baker tabled an amended proposal for a 2 lot subdivision. He outlined details of the alterations to the original proposed plan of subdivision for the consideration of the Committee.

Discussion was held regarding the sight distances as shown on plan.

Ms Pillay stated she was satisfied with the revised sight distances outlined in the amended plan, and the change to a 2 lot subdivision.

Mr Bryant stated that the southern entranceway was an improvement and would be acceptable.

The hearing closed at 11.25am

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

R W & L G WRIGHT, 359 ROTOKOHU ROAD, PAEROA

After considering all of the evidence the Committee:

The applicant has amended the design of the proposal to ensure compliance with the rules and assessment criteria of a general lot subdivision in a rural zone, and

Any adverse effect of proposed Lot 1 having a sight distance of less than the required 210m for a 100km/hr public road is avoided by amending the location of the vehicle entranceway for proposed Lot 2 to the southern end of proposed Lot 1.

Subject to the following conditions:

HC04/11 Carmine/Hayden CARRIED

PROPOSED CHANGE TO NO. 6 TO THE OPERATIVE DISTRICT PLAN (33KB)

A detailed report was attached.

A hearing was scheduled for 11.30am. The hearing commenced at 11.45am

Mr Bassett, Mrs S Petersen and Mr E D Brown, submitters in opposition to the proposed amendment C7 to the Operative Plan were present for the benefit of the hearing.

Mrs Petersen spoke in support of her submission to the proposed amendment C7 to the Operative District Plan, stating that she wished to have two trees removed that are situated on the fence line of her property and the neighbouring property. She stated that she did not consider the trees in question to be of any significant/protection value.

Mr Bassett also spoke in support of Mrs Petersen’s submission stating that his concerns relating to the detrimental effect the tree roots are having on the concrete driveway on Mrs Petersen’s property.

The hearing closed at 11.55am

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

PROPOSED CHANGE TO NO. 6 TO THE OPERATIVE DISTRICT PLAN

After considering the information presented the Committee:

C2 - Delete "Item of Heritage Value" from schedule and Planning Map as proposed.

C3 - Add new entries for Archaeological sites as proposed.

C6 - Delete notation for significant tree in Ohinemuri Place from Planning Map G2. Delete reference to "Mature Oak" from Table 1 of the Schedule of Significant Urban/Township Trees, and do not replace with "Two Oak and one Ginko".

C7 - Do not include Liquid Amber and Silver Birch trees at 24 Russell Street, Waihi in Schedule of Significant Urban/Township Trees.

C8 - Delete "Item of Heritage Value" from schedule and Planning Map as proposed.

E4 - Rezone land from Reserve (Passive) to Residential as proposed.

E8 - Rezone land from Rural to Reserve (Passive) as proposed.

AND further that further consideration of Amendment C5 be deferred pending further investigation.

AND further that those Amendments not subject to submissions be confirmed as proposed.

HC04/12 Carmine/Hayden CARRIED

The meeting adjourned for lunch at 12.10pm

The meeting reconvened at 1.10pm

The Acting Manager, Planning and Environmental Services informed the Committee on current issues.

NON-NOTIFIED APPLICATION FOR SUBDIVISION CONSENT & LAND USE CONSENT (60KB)

A detailed report was attached.

A hearing was scheduled for 1.30pm. The hearing commenced at 1.35pm.

Mr P Rodgers (Surveyor) and Mrs Reinsfeld were present in support of the application for the benefit of the hearing.

Mr Rogers presented a video showing the physical nature of the property and presented a report in support of the application for subdivision consent and land use consent.

The Chairman commented that there was a concern regarding the sight distance at the entranceway to the dwelling onto Hollis Road.

Mrs Reinsfield spoke in support of the application relating to the business activity involved at the property which is steel fabrication.

Ms Gault presented the staff report which recommended refusal of consent to the application to subdivide stating that the application could not be supported due to the size and class of land to be subdivided and the area occupied by the industrial activity.

The hearing closed at 2.35pm.

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

After considering all of the evidence the Committee:

The subdivision will allow the existing on-site industrial activity (including the workshop and dwelling) for which consent has been granted, to be subdivided as a ‘Special Purpose Lot’ in accordance with Rule 10.1.5.4B(b).

The proposed boundary will be a more practical alignment than subdividing only the immediate area around the industrial activity.

The building area to be occupied by the industry is to be expanded – requiring additional land.

The proposed subdivision will have no more than a minor effect on the productive potential of this high quality Class I – III rural land as the existing lot size is small (i.e. 2.0209ha) and approximately half of the existing lot is used for a rural industrial activity.

Two dwellings could be erected on the existing lot as a permitted activity in accordance with Rule 5.1.6.1.3.

Locating the new access point as far as possible from the Hollis / Pukekauri Road intersection will maximize visibility for its users.

The corner splay and the removal of trees within the corner splay will maximize visibility at the Hollis / Pukekauri Road intersection.

Subject to the following conditions:

1. The subdivision shall be carried out generally in accordance with Peter Rogers Scheme Plan ref. 1370.

2. That a Community Recreation Facilities Contribution of $1,842.94 plus GST per lot shall be paid to Council for the creation of one additional rural lot (Waihi Ward).

3. That a Class C (Standard Residential Vehicle Entrance) as specified in Rule 9.3.3.3.E of the District Plan shall be constructed to serve proposed Lot 1 and be located as far as practicable from the Hollis / Pukekauri Road intersection.

4. That a 15 x 15m corner splay be vested as ‘Road’ in the Hauraki District Council, at the Hollis / Pukekauri Road intersection as shown on the survey plan.

5. That the trees within the new corner splay be removed.

6. That separate power and telephone connections shall be provided to each lot within their respective lots or written confirmation from the appropriate supply authorities that these are existing, or are available at the standard connection fee.

7. That the consent holder provide engineering plans and specifications for the vehicle entrance to Hauraki District Council PRIOR to construction. No works are to commence on site until these plans have been approved by the Manager of Planning and Environmental Services.

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

RESOLVED B

The proposal will not compromise the objectives and policies of the District Plan for industrial activities in the Rural Zone.

The adverse effects on the environment of the activity are considered to be no more than minor.

The building is required to enclose an existing industrial activity.

HC04/13 Gordon/Hayden CARRIED

PLANNING INSTITUTE CONFERENCE

Attached was a copy of the program of the Annual Planning Institute Conference which was held in Invercargill from 5-7 May 2004.

HC04/14 Carmine/Gordon CARRIED

There were no late items.

The meeting closed at 3.05pm.

CONFIRMED

J P Tregidga

May 2004