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.

3. CONFIRMATION OF MINUTES

3.1 MEETING HELD THURSDAY 17 JUNE 2004 1-6

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Thursday 17 June 2004 be taken as read and confirmed.

4. MATTERS ARISING FROM THE MINUTES

5. NOTIFIED RESOURCE CONSENT APPLICATIONS

5.1 APPLICATION TO SUBDIVIDE A RURAL ZONED PROPERTY INTO FIVE 9; RURAL LOTS : H M STANFIELD, 639 STATE HIGHWAY 25,WAITAKARURU (81.925.687) 7-25(49KB)

The applicant proposes to subdivide the existing 4.59ha property into five rural residential lots and one lot to be vested to Hauraki District Council for a road.

A detailed report is attached.

A hearing has been scheduled for 9.05am.

RECOMMENDATION

That pursuant to Section 104A of the Resource Management Act 1991 the Hauraki District Council grant consent to this non-notified discretionary activity application to subdivide Sec 1 SO 58768 Secs 19 22 23 25 26 27 Blk X Wharekawa SD, located at 639 State Highway 25, Waitakaruru into five lots, on the grounds that:

The proposed subdivision will not adversely affect the productive capacity of the land,

The proposed subdivision will provide a rural lifestyle development for the community

The proposed subdivision will allow the development of an already fragmented site, and

The proposal will have no more than minor adverse effects on the environment.

Subject to the following conditions:

The subdivision shall be carried out generally in accordance with the Surveyors report titled "Subdivision – HM Stansfield, SH 25, Waitakaruru" prepared by FW Millington Ltd, dated 15 March 2004 and the Consultant Planners report titled "Assessment of Compliance with the Operative District Plan, District Plan Change 4 and Assessment of Effects on the Environment", prepared by Thames Environmental Consultancy, dated 29 April 2004.

That a Community Recreation Facilities Contribution of $1,935.86 plus GST per lot be paid to Council for the creation of two additional lots (Plains Ward).

That the consent holder shall provide land drainage outlets for Lots 1-5 to the Council Land Drainage System. Drains shall be constructed if needed and shall be in accordance with the requirements of Section 9.3.20 of the District Plan. These drains and sufficient land for drain maintenance purposes shall be covered by an easement. "Note: the roadside drain on SHWY 25 is not part of Councils Land Drainage System."

That a land drainage easement be created along the eastern boundary of Lot 1 and Lot 2, 11.4m wide in accordance with Section 9.3.20 of the District Plan in favour of the Hauraki District Council for the purposes of cleaning and depositing spoil from the council owned drain situated in the Canal West Road extension road reserve.

That an easement be created along the north-western boundaries of Lots 2, 3, 4 and 5, 15m wide (from the toe of the existing stopbank) in favour of the Hauraki District Council for the purposes of maintenance and construction of the council owned stopbank on the unformed Road alongside the Waitakaruru Stream.

That the subdivider shall provide separate telephone connections for Lots 1-5 or written confirmation from the appropriate supply authorities that these are available at no extra cost if these are not already existing.

That the subdivider shall provide separate power connections for Lots 1-5 or written confirmation from the appropriate supply authorities that these are available at no extra cost, if not already existing. Note: That if United Networks Ltd are to be the providers of the power service then the following work will be required to be undertaken by the applicant:

a. Install a three phase 400 volt underground cable beneath SH25 to a distribution box on the road boundary of Lots 4 and 5.

b. From this distribution box install a further 400 volt cable along the road berm to a distribution box on the boundary of Lots 3 and 4.

That a corner splay of 15m be provided on the corner of Canal West Road extension and State Highway 25.

That a right of way access be provided to serve Lot 1 over Lot 3 or vice versa to cover the joint access to these lots, and that an appropriate easement be placed over this right of way.

That the abovementioned right of way shall be constructed by the subdivider in accordance with the appropriate standard as specified in Section 9.3.19 of the District Plan. In this case, the appropriate standard is: Rural Zone serving no more than 2 allotments <250m length

That the existing entrance to Lot 1 located on the Canal West Road extension frontage be permanently closed due to its unsafe standard. Note: That any future access to Lot 1 from the Canal West Road Extension frontage shall be for the purpose of access to Canal West Road Extension and not to the State Highway.

That the subdivider provide a joint Class B (Standard Rural Vehicle Crossing) at the locations shown on the submitted scheme plan for Lots 1/3, and Lots 4/5.

All new dwellings, and habitable buildings constructed within Lots 1-5 are to have a minimum floor level of 3.4 metres above mean sea level. Note, that this may be provided by way of a filled building platform.

That prospective purchasers be advised that effluent disposal systems will need to be in accordance with the requirements of the Waikato Regional Council's Proposed Regional Plan, and the requirements of the Hauraki District Council's District Plan. Engineer designed solutions are to be submitted for the approval of the Manager of Planning and Environmental Services. Note: That effluent disposal for the lots may be able to be provided by the means of a shared effluent disposal system designed to comply with the requirements of Rule 3.5.7.6 of the Waikato Regional Council's Proposed Regional Plan.

That each of Lots 1-5 be restricted to one dwelling in total per lot.

That the piggery operation be permanently closed and that all buildings utilised for the piggery operation be demolished or removed from the site to the satisfaction of the Manager of Planning and Environmental Services.

That Canal West Road Extension shall be raised to a minimum height of RL 2.9 amsl, to the satisfaction of the District Engineer. Engineering plans are to be submitted to the Manager of Planning and Environmental Services for approval.

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.

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

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.

 

6. OBJECTION TO CONDITIONS

6.1 OBJECTION TO CONDITIONS OF SUBDIVISION CONSENT MAGUIRE, 11 ADAMS STREET, WAIHI (82.602.106)  26-34(37KB)

The applicant has lodged an objection pursuant to section 357(1A) of the Resource Management Act 1991 (RMA) to the conditions imposed by Council in relation to the non notified application for subdivision consent at 11 Adams Street, Waihi.

A detailed report is attached.

A hearing has been scheduled for 10.15am.

RECOMMENDATION

 THAT pursuant to section 357 of the Resource Management Act 1991, the objection by S. Maguire to the decision issued in respect of a non notified, subdivision consent to amend Condition 8 be dismissed in full.  The decision remains, as issued.

7. LATE ITEMS

The Chairman will declare the hearing open and advise on the procedure to be followed.

The Council Secretary will read the application and determine:

The applicant will present the application and call any witnesses in support, and answer any questions from the Councillors.

The submissioners may present their submissions, calling any witnesses in support and answering any questions from the Councillors.

The Planning Officer will present a report and answer any questions from the Councillors.

The applicant now has the right of reply.

The Chairman will close the hearing and advise that Council’s decision is reserved until it has considered the evidence presented and all relevant matters.