HAURAKI DISTRICT COUNCIL

HEARINGS COMMITTEE

 

 

MINUTES OF A MEETING OF THE HEARINGS COMMITTEE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON WEDNESDAY 15 DECEMBER 2004 COMMENCING AT 9.00AM

PRESENT

Crs D M Carmine (Chairperson) and B A Gordon

   

IN ATTENDANCE

Mr R Bierre (Supervising Officer - Monitoring) and Ms C Black (Council Secretary)

APOLOGIES

RESOLVED

THAT the apology of Cr J M Bubb be received and sustained.

HC04/52 Gordon/Carmine CARRIED

LATE ITEMS

There were no late items.

 

CONFIRMATION OF MINUTES

MEETING HELD THURSDAY 26 NOVEMBER 2004

RESOLVED

THAT the minutes of the meeting of the Hearings Committee held on Thursday 26 November 2004 be taken as read and confirmed.

HC04/53 Gordon/Carmine CARRIED

 

APPLICATION FOR EXEMPTION UNDER SECTION 6 FENCING OF SWIMMING POOL ACT

APPLICATION FOR EXEMPTION – S & D FISHER, 13 WENLOCK STREET, WAIHI (PO6178) (17KB)

A detailed report was attached and photo’s of the proposed site for the swimming pool on the property were presented.

A hearing had been scheduled for 9.00am. The hearing commenced at 9.15am.

Mr Fisher (applicant) was present for the benefit of the hearing.

 

Applicant

Mr Fisher spoke in support of his application for an exemption from Section 6 of the Fencing of Swimming Pool Act.

He stated that he wished to have the surrounding deck joining the existing deck of 1.45m in height which is already fenced to Councils requirements. The pool decking height and pool would be approximately 950mls and the exterior walls of the decking would be fenced to the regulation height. Mr Fisher explained the location of the pool referring to the photos which were presented. He outlined that he wished for an exemption to be specifically for the purposes of allowing access to the pool through a set of ranch sliders coming off the deck area directly onto the swimming pool via a set of steps. He stated he would comply with the act by fitting tower bolts 1.6m from the ground to the ranch sliders to the secure access to the pool from this area of the house and that, if required, he would erect a ‘make shift’ fence around the actual pool to prevent any children under six years of age from accessing the pool.

Cr Gordon asked if the ‘make shift’ fence was acceptable to the safety requirements in the Fencing of Swimming Pools Act. Mr Bierre replied that as the pool had not yet been erected, the type of fencing of the pool had not been fully considered. If access was not secured by the fitted bolts on the ranch sliders, a gate would have to be installed from the deck to the pool area.

Staff Report

Mr Bierre outlined the background of the application and stated that in recommendation (3) of the report, if Mr Fisher sold the property, the new owners of the property would have to be advised of the exemption and that it should be noted on the title and also the LIM report. He also stated that the exemption applies to all pools which have been recently constructed and pools which have been constructed some considerable time previous to the Act coming into effect.

Cr Gordon stated that the main concern is that the pool is secured from children visiting the property.

Mr Bierre advised that a gate needed to be installed from the deck to the pool or a permanent fence be constructed surrounding the pool to prevent access from any persons unknown to the property owners.

The hearing closed at 9.20am.

 

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

DECISION

S & D FISHER, 13 WENLOCK STREET, WAIHI

After considering all of the evidence the Committee:

RESOLVED

That the request from Mr and Mrs Fisher 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.

That the Fisher’s consider providing some form of warning to parents of young children staying in the house, and also on the title of the land for future owners advising of the exemption.


HC04/54 Carmine/Gordon CARRIED

 

The meeting closed at 9.30am.

 

CONFIRMED

 

D M Carmine

Chairperson

February 2005