L.D. Cavers

1. APOLOGIES

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. DELEGATED MATTERS (01.010.001)

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

4. CONFIRMATION OF MINUTES

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Thursday, 9 November 2006 be taken as read and confirmed.

5. MATTERS ARISING FROM THE MINUTES

6. OBJECTION TO CONDITIONS

1. The subdivision shall be carried out generally in accordance with Surveying Services Limited Scheme Plan ref. 93606.RC.01, dated July 06, subject to any changes required by conditions.

2. That Lot 50 shall vest in the Council as ‘Road’.

3. That Lot 49 shall vest in the Council as ‘Local Purpose Reserve (Pedestrian Access)

4.  That Lot 51 shall vest in the Crown as ‘Segregation Strip’.

5. That pursuant to Section 220(1)(b)(i) of the Resource Management Act 1991, that Lots 47 and 48 hereon be transferred to the owner of CT 118552 Lot 1 DP 329044 and one certificate of title be issued to include all parcels. (See Request 590017)

6. That the Memorandum of Proposed Easements shall be duly granted and reserved.

7. That a Class E (Standard Residential Vehicle Entrance) as specified in Rule 9.3.3.3.E of the District Plan be constructed by the subdivider at the access leg entrance of Lots 18, 21, 26, 27, 33, 34, 37 & 42 and DP329044 (Lot 48).

8. That a Class E (Standard Residential Vehicle Entrance) as specified in Rule 9.3.3.3.E of the District Plan be constructed by the subdivider at the Right of Way entrance to Lots 8 & 17.

9. The internal access of the Right of Way serving Lots 8 & 17 be constructed by the subdivider in accordance with Section 9.3.19.3 of the HDC District Plan (ie for 1-3 allotments, having a minimum access width of 3.5m and a minimum carriageway width of 2.8m).

10. The subdivider shall form the full width of the pedestrian access (Lot 49) with a concrete or similar permanent surface and fence the boundaries of the pedestrian access where adjoining Lots 25 and 26 with a 1.8 metre close boarded fence.

11. The subdivider shall construct the proposed road (Lot 50) in accordance with NZS 4404:2004, including street lighting, road marking, signage, footpaths and kerb and channel. The carriageway is to be a minimum width of 7.5m with kerb and channel both sides, 1.4m width footpath on both sides continuing around the cul-de-sac heads. The proposed new road shall tie into the end of Dolphin Drive, requiring the removal of the cul de sac head.

12. The subdivider shall pay a capital contribution of $11,105.19 plus GST, toward the cost of improving Dolphin Drive, in accordance with Rule 10.2.7.3.B(b) of the District Plan, calculated as follows:

Ap	322		$81.20
LOCATION	VPD (Pv)	L	P/WAY	Combined (Ic)	Contribution
Kontiki - End	50	158	$12,829.60	$12,829.60	$11,105.19
				TOTAL	$11,105.19

Urbanisation Contribution ($) = I_c x    A_p   .
                                                   P_v + A_p 

13. As an alternative to paying the capital contribution required by Condition 12, the subdivider shall construct a 1.4 metre footpath along the northern length of Dolphin Drive in accordance with NZS 4404:2004.

Traffic Noise Attenuation

14. The subdivider shall construct an acoustic fence of no less than 1.8 metres in height immediately to the west of Lots 37 to 42 inclusive, commencing within Lot 51 (Segregation Strip), to provide noise attenuation for these lots from state highway traffic. The fence shall be designed and constructed in accordance with specifications provided by a suitably qualified acoustical engineer.

15. That pursuant to Section 221 of the Resource Management Act 1991 consent notices be placed on all of the residential Lots 37 to 42 (inclusive), recording the ongoing obligation for dwellings to be constructed in accordance with the guidelines in the Design Acoustics Report dated 7 September 2006, or alternatively an acoustic report will need to be provided to the Council to show how on the lots to achieve an internal noise level of 35 dBA Leq and 50 dBA Lmax in all habitable rooms will be achieved. Where this internal noise level can only be met with doors and windows closed then an alternative means of ventilation must be provided in accordance with the Building Act 1991. The notice shall be registered at the consent holder’s expense against the certificates of title for Lots 37 to 42.

Sewerage

16. The subdivider is to provide new sewerage reticulation including separate connections in the body of each residential lot, in accordance with the requirements of NZS 4404:2004 and performance standard 9.3.7 of the District Plan.

17. The subdivider shall pay a capital contribution of $7,6700.00 plus GST to the Hauraki District Council, being 65% of the cost of a new aerator for the Whiritoa Wastewater Plant and $10,000.00 (ex GST) for the additional storage capacity at the Mako Avenue pump station being the cost of upgrading and/or extending the existing sewer reticulation in accordance with Rule 10.2.8.3.B of the District Plan.

Stormwater

18. All stormwater runoff from any formation on Right of Way A, and Lots 47, 48, 49 and 50 is to be reticulated to stormwater detention tanks, located within the subdivision generally in accordance with the proposed drainage layout plan (Sheet No. CO8, Rev. B) prepared by Dufill Watts & King Ltd, received by the Council on 8 September 2006.

Any formation in Lot 49 is to be shaped to the Council Engineer’s satisfaction, so as to accommodate stormwater runoff within its boundary.

Ongoing Conditions

19. That pursuant to Section 221 of the Resource Management Act 1991 consent notices be placed on all of the residential Lots 1 – 46 (inclusive), recording the ongoing obligation to comply with specific building requirements for this area, as follows:

a) Stormwater disposal – every building consent application for a dwelling or any other building shall provide confirmation that on site detention and soakage systems will be constructed, maintained, and operated to ensure that the rate of runoff from the lot does not exceed that of the equivalent area of undeveloped land assumed to have a runoff coefficient of 0.2.

All roof water shall be routed through a detention tank or tanks having sufficient capacity to detain runoff from a 0.01 Annual Exceedence Probability (AEP) rainfall event. The tank(s) shall have a restricted outlet such that the rate of outflow does not exceed that of the equivalent area of undeveloped land assumed to have a runoff coefficient of 0.2. The runoff coefficient for roof areas shall be taken as 1.0.

Runoff from all other impervious areas of the site, including driveways, parking areas, paved outdoor living areas and the like, shall be collected and discharged to an on site soakage system. The on site soakage system shall be designed to store and dispose to ground soakage all runoff from a 0.01 AEP rainfall event without overflow. In the event that soakage capacity of the soils on 'any alto is not sufficient, detention storage for all impervious areas shall be provided as for roof water above, For the avoidance of doubt, should it not be possible to provide either soakage disposal or detention storage for an impervious area due to soil conditions, site levels or other constraint, then the areas shall be planted or grassed so as to have a runoff coefficient not greater than 0.2.

Detention and soakage systems shall be designed and their proper installation certified by a Chartered Professional Engineer. Detention and soakage systems shall be maintained by the owner and a certificate of fitness shall be provided to the Council by the owner at intervals not exceeding 5 years certifying that the detention and soakage systems are operating In accordance with the design, and that no unauthorised modifications to the system have been made.

Any additional impervious areas shall be subject to the conditions set out above.

The notice shall be registered at the consent holder’s expense against the certificates of title for Lots 1 – 46.

20. That pursuant to Section 221 of the Resource Management Act 1991 consent notices shall be placed on all of Lots 1 – 46 (inclusive), recording that no further subdivision of any lots is provided for. The notice shall be registered at the consent holder’s expense against the certificates of title for Lots 1 – 46.

Power and Telephone

21. The subdivider shall reticulate the subdivision for power and telephone. Each residential lot shall be provided with a connection to the reticulations, along its road frontage.

Community Recreation Facilities Contribution

22. That a Community Recreation Facilities Contribution of $1,842.94 plus GST per lot be paid to the Hauraki District Council for the creation of forty five additional residential lots (Waihi Ward).

Bonds

23. Pursuant to section 108(2)(b) and 108A of the Resource Management Act 1991, the consent holder is to enter into the following bonds in favour of the Council:

23.1 A bond:

(a) in the sum of 5% of the total project cost (as agreed with the Hauraki District Council by its district engineer or other officer) at the time of the section 224 certificate application;

(b) for a period of 12 months from the date all subdivision work is completed (such period being the "maintenance period" required for the subdivision);

(c) not earlier than two months prior to the expiry of the maintenance period, the consent holder may request the Council to inspect the works and advise the consent holder of any remedial work to be undertaken;

(d) following inspection, the Council may either:

(i) require the consent holder to carry out the remedial work prior to the release of the bond; or

(ii) the Council may call in the bond and repair any defective work from the proceeds of the bond, the balance of which will be refunded to the consent holder or the guarantor of the bond and in the event of a shortfall will be a debt due and owing by the consent holder to the Council payable on demand;

(e) on completion of any remedial works by the consent holder, and any further remedial works required by the Council, on the expiry of the maintenance period the provisions of the bond having otherwise been complied with, the Council will discharge the bond.

23.2  The bond is to be prepared by the Council’s Solicitor at the cost of the subdivider and will contain such further terms as the Council may reasonably require and shall have either a cash surety to be deposited with the Council (with interest to accrue to the Council) or a guarantee from a New Zealand registered trading bank.

24. Engineering plans and specifications (including back up calculations) for all engineering works (sewer, stormwater, right of way, vehicle entrances, roadway and acoustic fence) are to be submitted to the Hauraki District Council for approval prior to any construction/installation taking place.

25. That three copies of As-Built plans of all new works required shall be submitted to the Hauraki District Council upon completion of the construction works (sewer, stormwater, right of way, vehicle entrances, roadway and acoustic fence). As-Built plans are to comply with NZS 4404: 2004, Schedule 1D, and all normal requirements as per Section 1.5.2. Attention is drawn to the requirement for co-ordination of all utility surface features. All co-ordinates are to be presented in New Zealand Transverse Mercator Projection.

26. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the Applicant shall pay Hauraki District Council charges for receiving, processing and granting the Resource Consent.

27. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay Huaraki District Council an administration fee of $85.00 for administration of the consent.

28. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay all Hauraki District 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.

a) No work may be undertaken on the public sewer main by private contractors without prior authorisation by the Hauraki District Council Engineer.

b) Any works undertaken by private contractors on the public sewer main must be inspected and approved by the Hauraki District Council before these works are backfilled.

c) Any works undertaken in the road reserve will require a street opening permit. A traffic management plan shall be submitted for approval before work commences. Any enquires regarding this procedure may be directed to Janet Tee at the Paeroa Offices, TEL 07-8628609

d) There is no reticulated water supply at Whiritoa, therefore water supply will need to be by way of a water bore and/or a rain water tank.

e) Should Lot 47 be formed for use for vehicular traffic, an entrance complying with 9.3.3.3E shall first be constructed.

Reasons for Decision

• The decision meets the purpose of the Resource management Act 1991 and was made after having regard to the provisions of the District Plan and the provisions of Part 2 of the Act.
• The effect of the amendments to Conditions 15 and 18 are considered to be minor and improves the intent and clarity of the requirements of the conditions.
• The deletion of Condition 20 is appropriate as it was imposing a restriction on further subdivision beyond the provisions of the District Plan.

7. NON-NOTIFIED RESOURCE CONSENT APPLICATION

The applicant proposes to construct a third dwelling onto the rural site. The applicant originally applied for a subdivision consent to subdivide the existing rural site into two titles (Proposed Lot 1 being 26.7ha and Proposed Lot 2 being 13.5ha) and construct a second dwelling on the smaller Proposed Lot 2 however as the subdivision has not yet been finalized, the proposed dwelling will be the third dwelling on the site.

A detailed report is attached.

A hearing has been scheduled for 1.15pm.

RECOMMENDATION

That pursuant to Section 94 and 104B of the Resource Management Act 1991 the Hauraki District Council decline consent to this non-notified discretionary activity application to establish a third dwelling on a site in Rural Zone at 352 Woodland Road, Waihi (SECS 41 54 BLK IV AROHA SD ) for the following reasons:

• The proposed third dwelling is contrary to the relevant policy of the Hauraki District Plan that seeks to facilitate multiple dwellings while protecting amenity values and rural character. It is considered that the proposed third dwelling will contribute to a cumulative reduction in the rural character and amenity of the District as a whole.

• Consent to the proposed third dwelling will adversely affect the integrity of the Hauraki District Plan and public confidence in the consistent administration of the District Plan. The proposal fails to comply with the relevant standards for multiple dwellings in the Rural zone and also fails to comply with the relevant standards for subdivision in the Rural zone. While each application must be considered on its own merits, Council if adopting a consistent approach to administration of the District Plan would find it difficult to decline consent for multiple dwellings of other lots of a similar size and circumstance if consent were granted to this application.

8. OBJECTION TO CONDITIONS

The applicant has objected to Condition 14 of the consent that (in part) requires the existing sheds on Lot 1 to be removed.

A detailed report is attached.

A hearing has been scheduled for 2.00pm.

RECOMMENDATION

It is recommended that:

(i) The objection to condition 14 be dismissed and the condition be retained unaltered.

Reasons:

1. The existing sheds must be removed in order for a complying shape factor exclusive of yards to be established on Lot 1. There is no legal ability for Council to impose a condition on a building consent requiring the sheds to re removed prior to the construction of a dwelling on the lot in future.

RECOMMENDATION

(i) That pursuant to Section 357 of the Resource Management Act the Hauraki District Council refuses the objection to condition 8 of the subdivision of Lot 219 DP 17139 and that condition 8 remain unaltered.

REASONS:

1. Allowing the existing 2.7m wide ROW carriageway formation to remain with a passing bay as sought by the applicant will result in adverse effects on the safety and efficiency of the right of way.
2. The District Plan is required to control the adverse effects of land use and cannot take account of the nature of property ownership nor the frequency of occupation of a site.
3. The cost to applicants of meeting District Plan or resource consent requirements is not a factor that can be considered in making decisions on resource management applications.

• 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.