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

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Thursday 6 July 2006 be taken as read and confirmed.

4. DELEGATED MATTERS (01.010.001)

4.1 Reports of the matters dealt with by way of delegation from the period 1^st June 2006 are submitted separately for the Committee’s information.

5. MATTERS ARISING FROM THE MINUTES

6.1 OBJECTION TO MENACING DOG CLASSIFICATION – M R PATON, 10 RUSSELL STREET, WAIHI (63.100.027) (26KB)

On 29 June 2006, a notice a notice under Section 33(A) of the Dog Control Act (1996) Menacing Dog was served on Mr M R Paton on the basis of sworn evidence received on 29 June 2006 attesting to the aggressive behaviour of his two dogs, Tsar and Smoke.

An objection to the classification has been lodged.

A detailed report from the Dog Control Officer is attached.

A hearing has been scheduled for 9.15am

RECOMMENDATION

THAT the report be received

AND THAT the classification be upheld.

7. RECONVENED NON NOTIFIED RESOURCE CONSENT APPLICATION

8.1 LAND USE CONSENT APPLICATION TO CONSTRUCT A DWELLING ON THE RURAL ZONE WITHIN THE SIDE YARD SETBACK DISTANCE – K & N BENNY, 116 OPARIA ROAD, TURUA (84.710.105.7) (74KB)

The applicant proposes to construct a new dwelling on the currently vacant site at 116 Oparia Road, Turua.

A detailed report from the Consultant Planner and supporting documentation is attached.

A hearing has been scheduled for 10.45am.

RECOMMENDATION

THAT the report be received

AND THAT pursuant to Section 104B of the Resource Management Act 1991 the Hauraki District Council grant consent to this limited notified discretionary activity application to construct a dwelling within the 6m side yards on Pt Lot 8F DP 18439, 116 Oparia Raod, Turua, for the following reasons:

• The potential adverse effects of the yard infringement are no more than minor. The same or greater adverse effects could be generated by activities permitted by the District Plan occurring on the site.

• The potential for reverse sensitivity effects to occur in future would still be generated by the establishment of a dwelling in a manner fully complying with permitted activity standards.

• The proposal is not inconsistent with the relevant objectives, policies and assessment criteria of the Rural Zone that require retention of an open rural landscape, and for dwellings to be designed in a manner that avoids, remedies or mitigates adverse effects on neighbouring properties.

1. That the proposal be established in general accordance with the application submitted by K and N Benny, received on 29 May 2006, and the plans prepared by Aesthetics Architecture Ltd entitled "New Benny Residence", dated 12/2005, Job Number TM02, reference A01, A02 and A03.

2. 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.

3. That pursuant to Section 36(1)(c) of the Resource Management Act 1991, the applicant shall pay an administration fee of $75.00 for the administration of the consent.

4. 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.

9.1 OBJECTION TO CONDITIONS OF SUBDIVISION CONSENT – A MALONE, 52 MATAURA ROAD, WAIHI (82.695.333) (46KB)

The Applicant has objected to a number of conditions of Stages 1 and 2 of consent granted on 30 May 2006 to subdivide Sections 487 and 488, Town of Waihi located at 52 Mataura Road, Waihi into five residential lots.

A detailed report from the Consultant Planner and supporting documentation is attached.

A hearing has been scheduled for 11.30am.

RECOMMENDATION

THAT the report be received

AND THAT it is recommended:

(i) The objection to Stage 1 – Condition 9 be dismissed and the condition be retained unaltered.

(ii) The objection to Stage 1 – Condition 10 be upheld and the condition be amended to read as follows:

" That Lot 2 only shall be served from the existing access to Lot 2 and a Class E (Standard Residential Vehicle Entrance) as specified in Section 9.3.3.3 of the HDC District Plan is to be constructed by the applicant to serve Lot 3".

(iii) The objection Stage 2 – Condition 3 be dismissed and the condition be retained unaltered.

(iv) The objection to Stage 2 – Condition 5 be upheld and the condition be amended to read as follows:

"That connections for Lots 5 and 6 shall be from a new 65mm OD main to be installed along Favona Street to the north-eastern corner of Lot 6 at the consent holders cost".

(v) The objection to Stage 2 – Condition 8 be dismissed and the condition be retained unaltered.

(vi) The objection to Stage 2 – Condition 9 be dismissed and the condition be retained unaltered.

Reasons:

Stage 1 – Condition 9 and Stage 2 – Condition 9

a) These conditions were imposed in accordance with Rule 10.2.7.3(b) of the Hauraki District Plan that authorises the gathering of financial contributions for the upgrading of existing roads and streets in the Urban Zones of the District. There are no unusual or unique circumstances associated with the subdivision that warrants an exemption from the condition. Because of this, if Council was to be consistent with its decision making, upholding the objection would mean that other similar subdivisions in the wider District would also have to exempted from paying the financial contribution. This would lead to an inequitable situation where developers would not financially contribute towards mitigating the effects of their developments.

Stage 1 - Condition 10

b) The establishment of an access to Lot 3 will not create adverse effects on the safety and efficiency of the traffic environment on Mataura Road.

Stage 2 – Condition 3

c) The building is in poor condition and it is not considered feasible for it to be upgraded to full dwelling standard. On that basis it is not considered appropriate to accommodate the option of upgrading the building through the requested amendment of the condition.

Stage 2 – Condition 5

10. LATE ITEMS