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APPLICATION FOR EXEMPTION – MR & MRS SCHIPPER,157 NGATAIPUA ROAD, THAMES (P06494)
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HAURAKI DISTRICT COUNCIL
HEARINGS COMMITTEE
NOTICE IS HEREBY GIVEN THAT A MEETING OF THE HEARINGS COMMITTEE WILL BE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON THURSDAY 10 MARCH 2005 COMMENCING AT 9.00AM
L.D. Cavers
Chief Executive
HEARINGS FOR MEETING
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9.15am |
Exemption Under the Fencing of Swimming Pools Act 1987 – Schipper |
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10.15am |
Objection to Menacing Dog Classification – A. Small |
ORDER OF BUSINESS
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 FEBRUARY 2005 1-8
RECOMMENDATION
THAT the minutes of the meeting of the Hearings Committee held on Thursday 17 February 2005 be taken as read and confirmed.
4. MATTERS ARISING FROM THE MINUTES
5. APPLICATION FOR EXEMPTION UNDER SECTION 6 FENCING OF SWIMMING POOL ACT
5.1 APPLICATION FOR EXEMPTION – MR & MRS SCHIPPER,157 NGATAIPUA ROAD, THAMES (P06494)
An application has been received from Mr and Mrs Schipper seeking an exemption from the fencing of swimming pool requirements.
A detailed report and letter from the applicants is attached. Photographs of the windows and doors of the area leading onto the proposed swimming pool will be tabled at the meeting for the members’ consideration.
A hearing has been scheduled for 9.15am.
RECOMMENDATION
THAT the request from Mr & Mrs Schipper 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 are locked shut when the pool is not in use and under adult supervision.
6. NOTICE UNDER SECTION 33(A) DOG CONTROL ACT 1996 MENACING DOG 14-23
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An appeal has been lodged.
A detailed report is attached.
A hearing has been scheduled for 10.15am.
RECOMMENDATION
THAT the applicant be heard regarding her objection.
7. LATE ITEMS