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 19 AUGUST 2004 1-4

THAT the minutes of the meeting of the Hearings Committee held on Thursday 19 August 2004 be taken as read and confirmed.

4. MATTERS ARISING FROM THE MINUTES

5. LIMITED NOTIFIED RESOURCE CONSENT APPLICATION 5-15

5.1 APPLICATION FOR FACILITY TO TRANSFER AND STORE TIP TOP PRODUCTS IN THE RURAL ZONE – R M & M T GUBB, 142 OPARIA ROAD, TURUA 9; 9; (84.710.083) (38KB)

A detailed report is attached.

A hearing has been scheduled for 9.15am

RECOMMENDATION

That pursuant to Section 104C of the Resource Management Act 1991, the Hauraki District Council grants consent to a limited notified discretionary activity application to operate a facility to transfer and store Tip Top ice cream products at 142 Oparia Road, Turua described as Lot 10 DPS 11533 for the following reasons:

There will be no adverse effects of the proposal that will be more than minor.

Subject to the following conditions:

The activity shall be carried out generally in accordance with plan and information accompanying the application dated August 2004.

That no trucks shall arrive on site before 5.00am each day.

That the noise levels shall not exceed the following:

Zone Standard L₁₀ Lmax

Rural Monday - Saturday

7.00am - 10.00pm 50dBA NA

10.00pm - 7.00am 40dBA 75dBA

Sunday and Public Holidays

7.00am - 10.00pm 45dBA NA

10.00pm - 7.00am 40dBA 75dBA

All activities in this zone shall be conducted to ensure that the above noise levels shall not be exceeded within any other site contained within this zone.

That a turning loop of sufficient dimensions shall be created on site, at the depot end of the driveway, to enable all vehicles to enter and exit the site in a forward direction. All vehicle manoeuvring, including parking and pick up of trailer shall be carried out on site.

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 the commencement of any work.

That works required to achieve compliance with Conditions 3 and 4 be completed within two (2) months of the consent being granted.

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. NON NOTIFIED RESOURCE CONSENT APPLICATION 16-36

6.1 SUBDIVISION CONSENT: TO SUBDIVIDE A RURAL PROPERTY INTO SEVEN LOTS – MONTROSE FOREST LTD, 165 GOLDEN VALLEY ROAD, WAIHI (82.660.123)(82KB)

A detailed report is attached.

A hearing has been scheduled for 10.15am.

That pursuant to Section 94 and 104B of the Resource Management Act 1991 the Hauraki District Council grant consent to this non-notified, discretionary activity application to subdivide Section 10 Block II Waihi North Survey District into seven lots comprising five lifestyle lots (Lots 1 – 5) and two rural lots to be amalgamated with the adjoining lot Section 8 Block II Waihi North Survey District and dispense with Rule 9.3.19 for construction of a right of way at 165 Golden Valley Road, Waihi for the reasons that:

The proposal will not be contrary to the District Plan objectives and policies for subdivision in the Rural Zone;

A consent notice will be registered on lot titles advising that development is to be in accordance with certain design criteria to ensure future development is in keeping with its surrounding rural environment;

The impact on visual amenities will be minimised through concentrating development towards the centre of the site, forming a single right of way to serve the lifestyle lots and inclusion of a consent notice;

The area to be cleared for development will be minimal (ie 8,000m² per site) to ensure existing forest cover is retained;

A relaxation of District Plan standards for the proposed right of way is considered appropriate as it will be constructed to a standard sufficient to serve the proposed subdivision, its construction has been certified by a Consulting Civil and Structural Engineer, it will minimize the volume of earthworks required and it will have minimal effect on existing rural amenities.

Engineering reports may be required at the time of building consent to ensure the specifically chosen building sites are not prone to flooding, erosion, landslip or instability and that foundations are appropriately designed;

Written approval has been provided from the Department of Conservation as owners of the adjoining Orokawa Scenic Reserve;

In consultation with the Department of Conservation the applicant proposes to covenant areas of native bush, implement a pest control programme and prohibit domestic cats and dogs from the lifestyle lots;

The placement of spark inhibitors on chimneys will reduce the potential for fire; and

Amalgamation of Lots 6 & 7 with Section 8 Block II Waihi North Survey District will enable this land to operate as a grazing unit;

Subject to the following conditions:

The subdivision shall be carried out generally in accordance with RMS Surveyors Scheme Plan Ref. 5873S, dated January 2004.

That pursuant to Section 220 (1)(b)(ii) of the Resource Management Act 1991 Lots 6 and 7 hereon and Section 8 Block II Waihi North Survey District (CT.SA 807/133) be held in the same Certificate of Title (request 353666).

That a Community Recreation Facilities Contribution of $1,842.94 per lot be paid to Council for the creation of four additional lots (Waihi Ward).

That a right of way shown as G, H, I, J, K & L be constructed in accordance with the information provided in the letter and the attached Right of Way & Typical Cross Section plan from Bert Kroon of Bert Kroon & Associates dated 1 September 2004 (Council reference 202647). In particular the right of way shall have a 3.5m wide unsealed carriageway on a 6.0m wide formation, allowing for a 1.25m wide shoulder at each side of the carriageway and provide passing bays with a maximum width of 3.5m and a maximum separation distance of 90m.

That a Class B Standard Rural Vehicle Entrance, complying with the requirements of the District Plan (Rule 9.3.3.3.E), shall be constructed for proposed Right of Way G.

That where any services (water, electricity, telephone) serving a lot cross another lot, an appropriate easement shall be created.

That the following easements be created:

That a covenant be placed over the existing native bush in consultation with the Department of Conservation.

That a consent notice shall be registered against the titles of Lots 1 to 5 pursuant to Section 221 of the Resource Management Act 1991 stating that any chimney on any building to be erected on Lots 1 to 5 shall be constructed to include a spark inhibitor to prevent the emission of sparks.

That a consent notice shall be registered against the titles of Lots 1 to 5 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.

That the subdivider shall reticulate the subdivision for power, providing each lot with a separate power connection in accordance with Powerco’s letter dated 2 June 2004.

That an easement in gross in Powerco’s favour be created over any new line routes established as part of the subdivision.

That the subdivider shall reticulate the subdivision for telephone, or provide written confirmation from the appropriate supply authorities that these are existing, or are available at the standard connection fee.

That a consent notice shall be registered against the title of proposed Lots 1 - 5 pursuant to section 221 of the Resource Management Act 1991 advising that the following criteria apply to all house sites:

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.

Future development will be required to comply with the District Plan Performance Standards or obtain a resource consent from Hauraki District Council.

Water supply can best be obtained through the collection of roof water and storage tanks. The existing watercourse on the site is unlikely to be of an adequate depth to provide suitable water supply.

Following confirmation of house sites on proposed Lots 1 and 2 further archaeological examinations of such sites should be undertaken.

When the pine trees on the subject site are due to be milled it will be necessary to advise the Historic Places Trust who may wish to undertake a further archaeological assessment particularly regarding any vehicle tracks, harvesting platforms etc.

7. APPLICATION FOR EXEMPTION SECTION 6 FENCING OF SWIMMING POOL ACT 37-41

7.1 MR AND MRS HAYWARD, 15 HAYWARD ROAD, NGATEA (P02245)) (18KB)

An application has been received from Mr and Mrs Hayward seeking an exemption from the requirement of clauses 8 to 10 of the schedule to the Fencing of Swimming Pool Act 1987.

A detailed report is attached.

RECOMMENDATION

That the request from Mr and Mrs Hayward 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:

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.

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.

8. DOG REGISTRATION – INFRINGEMENT NOTICES (63.100.028) 42-43 (16KB)

8.1 Attached is a report form the Planning and Environmental Services Manager regarding Dog Registration Infringement Notices.

RECOMMENDATION

THAT the suggested practice for the following up on non registered dogs be approved for trial in the 2004/05 with a report on its implementation to the Hearings Committee prior to the 2005/06 registration year.

9. HEARINGS COMMITTEE – POST ELECTION (01.010.023) 44 (14KB)

9.1 Attached is a report from the Planning and Environmental Services Manager regarding the delegated powers of the Hearings Committee by Council covering the election period.

RECOMMENDATION

THAT pursuant to Section 34A of the Resource Management Act, 1991 Councillors Tregidga, Carmine, Gordon and Hayden be appointed as Commissioners and to have all of the powers delegated to the Hearings Committee by the Council covering the period 9 October 2004 to the date on which the new Hearings Committee is appointed.

10. RESOURCE MANAGEMENT ACT – TRAINING (01.010.023) 45-51 (15KB)

10.1 Attached is s report from the Planning and Environmental Services Manager regarding a training programme for Councillors who will be involved in Resource Management matters.

RECOMMENDATION

THAT should a District Plan Review committee or sub-committee be appointed following the triennial elections its members be registered for the training, assessment and certification programme for Resource Management Act decision makers.

11. 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:

If the applicant is in attendance, or represented;

If there are any witnesses in support.

If there are any submissioners in attendance;

If there are any witnesses in support.

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.