HAURAKI DISTRICT COUNCIL
HEARINGS COMMITTEE
MINUTES OF A RECONVENED MEETING OF THE HEARINGS COMMITTEE HELD ON MONDAY 14 MARCH 2005 IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA COMMENCING AT 1.30PM
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PRESENT |
Crs D M Carmine (Chairperson), B A Gordon and J M Bubb |
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IN ATTENDANCE |
Miss M van Steenbergen (Supervising Officer - Consents) and Ms C Black (Council Secretary) |
APOLOGIES
There were no apologies.
NON NOTIFIED RESOURCE CONSENT APPLICATION
The applicants have proposed to subdivide the site at Heath Road, Waihi into two lifestyle lots.
A detailed report from the Supervising Officer – Consents and copy of land classification plan from Mr A Honeyfield, Farm Consultant was tabled at the meeting.
A reconvened hearing had been scheduled for 1.30pm to finalise the decision to the application which was originally heard on 17 February 2005. The hearing commenced at 1.35pm.
Mr Rogers (Surveyor) attended the meeting for the benefit of the hearing at 1.45pm.
Staff Report
Ms van Steenbergen outlined a report received from Mr Honeyfield, Farm Consultant which outlined his view of what he considered the appropriate land classification of the property was.
Ms van Steenbergen stated that in consideration of Mr Honeyfield’s report, the application still did not fit into the requirements of the District Plan and the classification of the land could be interpreted to be unchanged, and therefore, the recommendations stated in her report to the Hearings Committee of 17 February 2005 should stand. The proposed subdivision reduced the open rural character of the land, and as the land is zoned rural, the objectives and policies and anticipated environmental results applicable to that zone should be applied, therefore consent should be refused to the application.
Cr Carmine stated that the land is already being used as rural/residential but she considered that the current zoning criteria should stand until the zoning is reviewed in the District Plan in April/May 2005.
Cr Gordon stated that he agreed with Ms van Steenbergen that the consideration of the land should stay in relation to its current rural zoning as it will otherwise set a precedent for other property owners to subdivide unsuitable land into smaller lots and compromise the open rural character of the land.
Ms van Steenbergen stated that the amount of Class IV land that the farm consultant has outlined in the application does not alter the assessment of the proposal.
Right of Reply
Mr Rogers stated that he could not see any problems with the neighbours consenting to the application. He expressed that he did not agree that this land could not be considered as being more appropriate for lifestyle lots, and assessed as such, given that neighbouring properties had been subdivided already with a number of additional dwellings having been built on the land in the vicinity.
Mr Rogers asked if Council has intentions to review the rules of the District Plan in the near future as he was receiving an increasing number of inquiries for applications to subdivide in rural and rural/residential zoned land. Ms van Steenbergen stated that Council is presently reviewing the situation in Waihi, and when this has been completed, Council will notify of a proposed change to the District Plan in May (approximately) of 2005.
The hearing closed at 1.50pm.
The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.
DECISION
S. K. BROWN, J.L BROWN AND O. DUNNING, HEATH ROAD, WAIHI
After considering all of the evidence the Committee:
RESOLVED
THAT pursuant to Section 104B of the Resource Management Act 1991 the Hauraki District Council decline consent to this non-notified discretionary activity application to subdivide Lot 2 DP 328655, located at Heath Road, Waihi into two lots, for the following reasons:
The proposed subdivision is not in general accordance with the provisions of the District Plan;
The proposed subdivision will result in the fragmentation of higher quality land and potentially reduce its productive potential;
The proposal is not provided for in any category of the District Plan Subdivision Rules including General Lots in the Rural Zone or Lifestyle Lots in the Rural Zone;
The site does not contain any significant features such as a watercourse or railway that would enable the higher quality land to be subdivided into lifestyle lots;
The proposed subdivision will compromise the provisions of the District Plan for subdivision in the Rural Zone particularly the objectives and policies;
The proposed subdivision will compromise the integrity of the District Plan and affect public confidence in its consistent administration.
It was noted that the area of land to the north generally of Heath Road has been identified for in- depth consideration for inclusion in a Proposed Plan Change to rezone land in Waihi to residential and rural/residential.
HC05/13 Bubb/Gordon CARRIED
The meeting closed at 2.00pm.
CONFIRMATION
D M Carmine
Chairperson
April 2005