HAURAKI DISTRICT COUNCIL

HEARINGS COMMITTEE

MINUTES OF A MEETING OF THE HEARINGS COMMITTEE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON THURSDAY, 14 DECEMBER  2006 COMMENCING AT 12.15PM

APOLOGIES

            RESOLVED

THAT the apology of Cr Bubb be received and sustained.

HC06/53                                                 Carmine/Gordon                                           CARRIED

LATE ITEMS

Pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the Chairperson called for late items to be accepted.

            RESOLVED

THAT pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the following late items be accepted for discussion.

            - Landscaping and Entranceway Feature on Road Reserve (Wirex Holdings Ltd)

            The item was not on the agenda because the item was unavailable at the time of the agenda           deadline.

            Discussion on the item could not be delayed because of time constraints for the developer.

HC06/54                                                               Carmine/Gordon                                    CARRIED

DELEGATED MATTERS (01.010.001)

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.

RESOLVED

THAT the reports of delegated matters be received.

HC06/55                                                               Gordon/Carmine                                    CARRIED

CONFIRMATION OF MINUTES

MEETING HELD THURSDAY 9 NOVEMBER 2006                                              

RESOLVED

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

HC06/56                                                               Gordon/Carmine                                    CARRIED

LATE ITEM

LANDSCAPING AND ENTRANCEWAY FEATURE ON ROAD RESERVE (WIREX HOLDINGS LIMITED)

A meeting was held with the Wirex Holdings Limited and Council staff on Wednesday, 13 December 2006 for discussions regarding the entranceway features, proposed landscaping and footpath design proposals.

Ms van Steenbergen presented correspondence received from Council’s Community Services Manager, Mr Gary Paterson, detailing his comments on the landscaping issues related to the development.

Trees

Mr Paterson advised that the developer consider planting a more compact variety of Pohutukawa tree or a less invasive species of tree to reduce  interference with pedestrians, traffic and to prevent lifting of hard landscaping/footpath and to reduce maintenance.

Lighting

Amenity lighting (entrance and gardens) as opposed to standard street lighting if employed must be tamper proof, have longevity and be replaceable.

Gardens

The developer has proposed to use loose rocks. It is preferred that fixed rocks be used as loose rocks will migrate.

Entrance Feature

Generally opposed to the size of feature and consider it will attract vandalism and graffiti.  Repair costs would be high if traffic damages the structure. It was suggested that the feature be located away from the kerb and be incorporated into the private lots fronting the entrance which will reduce the cost of the community maintaining it. 

The Roading Manager requested that the entranceway feature be at least 3m from the roadway.  Ms van Steenbergen advised that a distance of 4.5m from the legal boundary is required for buildings.

It was suggested that the developers alter the lighting proposed for the feature using an overhead light rather than using up lighting.

Mr de Laborde suggested that a height restriction be placed on the feature and that it be positioned at a reasonable distance from the road.

Discussion was held regarding the standard of vehicle crossings. Mr de Laborde suggested that the vehicle crossing be of a set standard under a bylaw.

To fully consider all issues concerning the design of the entranceway feature, road reserve landscaping and lighting at this and other subdivisions, it was requested that the item be referred to Council at its meeting on 21 December 2006 where a Subcommittee be formed to be given delegated authority to make a decision on the issues concerned.

RESOLVED

THAT all issues concerning the design of the entranceway feature, road reserve landscaping and lighting for the Wirex Holdings, and other subdivisions be referred to Council and that it be recommended a Subcommittee of Council be formed to be given delegated authority to make a decision on the design of the entranceway, lighting and landscaping of the road reserve at subdivisions.

HC06/57                                                               Gordon/Carmine                                    CARRIED

OBJECTION TO CONDITIONS

OBJECTION TO SUBDIVISION CONSENT CONDITIONS TO CREATE       FORTY SIX LOTS IN A RESIDENTIAL ZONE, WIREX HOLDINGS LTD, DOLPHIN DRIVE & STATE HIGHWAY 25, WHIRITOA (82.640.403) (68KB)

The applicant has sought a private plan change (Plan Change 9) to rezone a 3.1545 ha area of land located at the western end of Dolphin Drive and extending back to State Highway 25 (SH25) from ‘Rural-Residential’ to ‘Residential’.  The applicant has lodged an objection to 5 of the conditions of the subsequent subdivision consent.

A detailed report was attached.

The hearing commenced at 12.30pm.

The applicants and parties acting on behalf of the applicants were not in attendance.

Planner’s Report

Ms van Steenbergen advised that the surveyor had advised that the developer accepted the recommendations of the staff report on the objections.

Condition 11   – Construction of Proposed Road - Agreed

Condition 12   – Footpath Contribution – Agreed.  Owners of properties will pay their share of costs of           crossing.

Condition 15   – Internal Noise – Agreed. 

Condition 18   – Stormwater – Agreed.

Condition 20   – No further subdivision - Agreed.

The hearing closed at 12.55pm.

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

DECISION

WIREX HOLDINGS LTD, DOLPHIN DRIVE & STATE HIGHWAY 25, WHIRITOA (82.640.403)

After considering all of the evidence the Committee:

That pursuant to Section 357D of the Resource Management Act 1991 the Hauraki District Council upholds in part the objection by Wirex Holdings to Conditions 11, 12, 15, 18 and 20 of subdivision consent (Ref. 82.640.403) granted under delegated authority on 17 October 2006, to subdivide Lot 2 DP 329044, located at the western end of Dolphin Drive, Whiritoa into forty six residential lots, by amending Conditions 15 and 18 and deleting Condition 20 as highlighted in the revised schedule of conditions as follows:

Conditions

General

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.

Vehicle Access/Roading/ROW Access

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:

             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 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, 600.00 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.

Power and Telephone

20.        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

21.        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

22.        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:

22.1      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.

22.2    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.

General

23.        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.

24.        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.

25.        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.

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

27.        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.

Advisory Notes

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.

HC06/58                                                               Carmine/Gordon                                    CARRIED

NON-NOTIFIED RESOURCE CONSENT APPLICATION

LAND USE CONSENT FOR THIRD RESIDENTIAL DWELLING ON RURAL ZONED SITE : G L & L E LUCAS, 352 WOODLAND ROAD, WAIHI (85.091.154) (59KB)  

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 was attached.

The hearing commenced at 1.15pm.

Mr and Mrs G L & L E Lucas (Applicants), Ms Katherine Lucas and Ms Caroline McKenna (daughters) and Mr Graeme Harder (Surveyor) were in attendance for the benefit of the hearing. 

Applicants

Ms Katherine Lucas tabled a report on behalf of the family in support of their application to construct a second dwelling on Lot 2 of the property at 352 Woodlands Road, Waihi.

Ms Lucas advised that the family wished to terminate the operation of their dairy farm due to health issues of family members but retain some of the farm for lifestyle purposes.  They propose to construct a second dwelling on Lot 2 for their parents, Mr and Mrs Gordon and Lucy Lucas.  Ms Lucas advised that presently there are two dwellings on the property, the original homestead, cowshed and shearing shed located on Lot 1 and a small fibrolite cottage located on Lot 2 where a family member is presently living. The subject site for the proposed third dwelling gives privacy from the road and neighbours.  A copy of the plan detailing the location of the proposed dwelling was attached.

Mr Harder advised that the subdivision of the farm property has been granted, the issue concerned is that under the District Plan only one dwelling is allowed to be constructed per lot. Mr Harder suggested that one option could be that a third lot is created allowing this third dwelling on the property but advised that the owners wish to keep the subdivision as only two lots.

Ms van Steenbergen advised that this is a non-complying activity as the applicants have requested permission for three dwellings on one lot whereas the limit is two dwelling per lot created prior to 26 September 2000.  For lots created after 26 September 2000, the limit is one dwelling per lot.

Staff Report

Ms van Steenbergen advised of the rural zone rules which are to maintain open rural character.  The main concern is the potential cumulative affects three dwellings will have on the rural landscape of the area.  Ms van Steenbergen considered that as there are already two existing dwellings situated on the property, this additional dwelling would create a series of houses on the landscape which would compromise the open character of the land, in a cumulative sense.

Right of Reply

Mr Harder asked if Council would be in agreement to the creation of an additional lot for the construction of a third dwelling due to the subject land being substandard and unproductive.  The family intend to reside on the farm for the long term and do not see ownership of the subdivided area of land changing.  Mr and Mrs Lucas wish to reside on the family farm which has been their home for some forty years.

Ms van Steenbergen advised that the creation of a third lot would not be a permitted activity.  Consent may or may not be granted to such an application.

The hearing closed at 2.00pm.

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

DECISION

G L & L E LUCAS, 352 WOODLAND ROAD, WAIHI (85.091.154)

After considering all of the evidence the Committee:

RESOLVED

THAT the application be granted on the grounds that the remoteness and topography of the area mean the construction of the third dwelling will not compromise the rural amenity of the area and will have minimal effect on the surrounding properties.

Subject to the following conditions:

1.     That the dwelling be sited and established in general accordance with the application received by Council on 29 August 2006.

2.     That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Council’s 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 $85.00 for 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.

Advice Note:

A Community Recreation Facilities Contribution of $1,842.94 plus GST (Waihi Ward) will be required to be paid to Council prior to the issue of the Building Consent for the third dwelling.

HC06/59                                                               Gordon/Carmine                                    CARRIED

OBJECTION TO CONDITIONS

OBJECTION TO CONDITION OF SUBDIVISION CONSENT : R E & E RATTRAY (82.676.427)  (30KB)

On 31^st October 2006, consent was granted under delegated authority to an application by the consent holder to subdivide Lot 2 DP 352490 and Section 543 Town of Waihi located at 26 Kensington Road, Waihi into two residential lots.  Lot 1 is 592m² in area and accesses Kensington Street via an access leg.  Lot 1 (592m²) contains two existing sheds used as a workshop and storage respectively while an existing garage will be removed to make way for the access leg.  Lot 2 (770m²) is a front lot containing an existing dwelling.

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 was attached.

The hearing commenced at 2.10pm.

The Applicant was not in attendance.

Staff Report

Ms van Steenbergen advised that the applicant has objected to the condition which requires him to remove the sheds within Lot 1.

It was explained that a complying shape factor could not be achieved on Lot 1 due to the location of the sewer running through the lot and the sheds on site.  Removal of the sheds will remove the significant restriction to the construction of a dwelling on Lot 1.

After consideration, the Committee agreed that the sheds be removed as they will cause a restriction to the construction of a proposed dwelling.

The hearing closed at 2.15pm.

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

DECISION

R E & E RATTRAY (82.676.427)

After considering all of the evidence the Committee:

RESOLVED

THAT the objection to condition 14 be dismissed and the condition be retained unaltered, for the reasons:

a)   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 be removed prior to the construction of a dwelling on the lot in future.

Section 358 of the Act provides that you may appeal to the Environment Court against the whole or any part of the decision within 15 working days of receipt of this decision.  The procedure for such an appeal is laid out in Section 358 of the Act.

HC06/60                                                               Gordon/Carmine                                    CARRIED

OBJECTION TO CONDITION OF RESOURCE CONSENT : M TYNE, 14 MORAY PLACE, WHIRITOA (82.701.329) (24KB)

On 8 March 2006, consent was granted to the applicant under delegated authority to subdivide Lot 219 DP 17139 located at 14 Moray Place, Whiritoa into two infill lots.  An objection on behalf of the applicant under Section 357 of the Resource Management Act 1991 to Condition 8 has been received by Council.

A detailed report was attached.

A hearing commenced at 2.50pm.

Mr M Tyne (Applicant), Mr Peter Rogers (Surveyor, Waihi Beach Surveyors) and Mr John Ormsby (Engineer, Waihi Beach Surveyors) were in attendance for the benefit of the hearing.

Applicant (on behalf of)

Mr Rogers and Mr Ormsby spoke to a tabled report in support of the applicant.  They requested that the driveway not require widening to the extent as requested by Council.

Mr Rogers requested that a passing bay be provided at the entrance to the existing internal access (ROW).  He considered that the District Plan ROW standards do not allow for Whiritoa which is generally a holiday or retirement situation where vehicle movements are on average less than a normal residential area.

Staff Report

The applicant proposes, as a cost saving measure, that a passing bay be installed on the eastern side of the ROW at the entrance to the ROW to allow for passing where vehicle conflict is most likely to occur.

Advice from Council’s engineering staff has indicated that the right of way width would need to be upgraded to have a minimum access width of 6m (carriageway width of 4.8m) this would ensure that there is sufficient width to allow two way traffic. In addition, the right of way is reasonably straight and flat. Accordingly, the safe operation of the right of way would not be compromised as a result of the increased length.

From the comments received from the applicant, the right of way length was agreed to due to the 4.8m carriageway width allowing for two way traffic with adequate sight lines. It is thought that the integrity of the ROW would be deficient should the carriageway width be reduced to 2.8m with a passing bay as suggested. Cost and use by holiday traffic should not be the issue.  Due to the long length of the ROW, it is justified that the ROW be upgraded to full District Plan standard using a permanent all weather surface material such as gobi blocks or an alternative all weather product such as turf blocks or seal.

Right of Reply

Mr Tyne advised that he does not wish to create a large development.   There is permanent access by residents along the accessway where traffic is minimal.  The widening of the ROW will compromise the amenity value of the properties.  He considered the side of the ROW where the Agapanthus plantings are situated is the most appropriate area to widen.

The hearing closed at 3.20pm.

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

DECISION

M TYNE, 14 MORAY PLACE, WHIRITOA (82.701.329)

After considering all of the evidence the Committee:

            RESOLVED

            THAT the ROW be formed to the legal boundary (or the practical extent as governed by the fence) on the western side of the current concrete formation, permanent all weather surface such gobi blocks or turf slab or tar seal etc.

(i)    That pursuant to Section 357 of the Resource Management Act the Hauraki District Council refuses in part the objection to condition 8 of the subdivision of Lot 219 DP 17139 and that Condition 8 be amended to read as follows:

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.                      

HC06/61                                                               Carmine/Gordon                                    CARRIED

The meeting closed at 3.30am.

CONFIRMED

D M Carmine

Chairperson

February 2007