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 8 JULY 2004 1-7

THAT the minutes of the meeting of the Hearings Committee held on Thursday 8 July 2004 be taken as read and confirmed.

4. MATTERS ARISING FROM THE MINUTES

5. NOTICE UNDER SECTION 31(2) DOG CONTROL ACT 1996 DANGEROUS DOG) 8

5.1 APPLICATION FOR OBJECTION – MR K NEWLAND(14KB)

A report is attached.

An appeal has been lodged.

A hearing has been scheduled for 9.05am

RECOMMENDATION

THAT Mr Newland be heard in support of his objection.

6. APPLICATION FOR EXEMPTION OF CLAUSES 8 TO 10 OF THE SCHEDULE

TO THE SWIMMING POOL ACT 9-10

6.1 MR & MRS EDLIN,16 TOP ROAD, PATETONGA (04740/049.00)(16KB)

An application has been received for an exemption from the requirement of clauses 8 to 10 of the schedule of the Fencing of Swimming Pool Act.

A detailed report is attached.

A hearing has been scheduled.

RECOMMENDATION

THAT the request from Mr and Mrs Edlin seeking exemption from the requirement of clauses 8 to 10 of the schedule to the Act be granted on the grounds that it would be unreasonable and also impossible for the access to the pool from the house to comply with the Act. Clause 11 of the Schedule to the Act allows for this specific situation on condition that the doors are fitted with a lock that, when properly operated, prevents the door from being opened by children under 6 years of age. Allowing the exemption would not significantly increase danger to young children. The exemption is subject to the following conditions:

AND THAT all doors with access from the house into the pool area be fitted with a lock that when properly operated prevents the door from being readily opened by children under the age of 6 years.

AND THAT the doors with access from the house directly to the pool area be locked shut when the pool is not in use and under adult supervision.

7. NON-NOTIFIED RESOURCE CONSENT APPLICATIONS

7.1 APPLICATION TO SUBDIVIDE PROPERTY INTO TWO LOTS 11-29

J & J McINTYRE, 10 GILMOUR STREET WAIHI (38KB)

The applicant has applied to subdivide the existing 713sqm into two lots.

A detailed report is attached

A hearing has been scheduled for 10.05am.

RECOMMENDATION

THAT pursuant to Section 94 and 104B of the Resource Management Act 1991 the Hauraki District Council decline consent to this non-notified, discretionary activity application to subdivide Sec 69B Waihi at 10 Gilmour Street, Waihi for the following reasons:

The proposed subdivision will result in an over-intensification of the site that will have an adverse effect on the amenities of the area.

The proposed subdivision will compromise the provisions of the District Plan for subdivision in the Residential Zone particularly the objectives and policies which seek to promote urban amenity and development of residential land in a sustainable manner.

The proposed vehicle entranceway/access layout cannot be supported by Council’s Technical Services Manager.

The proposed subdivision will compromise the integrity of the District Plan and affect public confidence in its consistent administration.

8. LAND USE CONSENT APPLICATION

8.1 LAND USE CONSENT APPLICATION FOR TWO ENTRANCES TO BE 30-42

CONSTRUCTED AT AN IHC HOUSE FOR IHC NEW ZEALAND AT 14 BUCHANAN ST PAEROA(25KB)

The applicant has applied for two entrances to be constructed at the IHC House for IHC New Zealand at 14 Buchanan Street Paeroa.

A detailed report is attached.

A hearing has been scheduled for 11.00am.

THAT pursuant to Section 94 and 104B of the Resource Management Act 1991 the Hauraki District Council decline consent to this non-notified, discretionary activity application to create an additional access way at 14 Buchanan Street, Paeroa for the following reasons:

The proposed additional access point will compromise the objectives and policies of the District Plan for entrances in the 50 – 70 kph zones.

The proposed additional access point will compromise the integrity of the District Plan and affect public confidence in its consistent administration

The proposed additional access point will create a dangerous situation that could easily be avoided.

9. 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.