L.D. Cavers

1. APOLOGIES Pages

2. DECLARATION OF LATE ITEMS

3. CONFIRMATION OF MINUTES

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Monday 19 December 2005 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 December 2005 is attached separately for the Committee’s information.

5. MATTERS ARISING FROM THE MINUTES

6.1 SUBDIVISION APPLICATION TO CREATE TWO LIFESTYLE LOTS J & G SNIP, 92 PRINCES STREET, WAIKINO (82.717.305) (60KB)

The Applicants, J and G Snip of 92 Princes Street, Waikino have applied to subdivide their property into two lots.

A detailed report and supporting documentation is attached.

A hearing has been scheduled for 2.15pm.

RECOMMENDATION

THAT pursuant to Section 104B of the Resource Management Act 1991 the Hauraki District Council grant consent to this non-notified discretionary activity application to subdivide Lot 1 DP 327577, located at 92 Princes Street, Waikino into two lots, for the following reasons:

• The proposed subdivision complies with the density and shape standards for lifestyle lot subdivision on Class IV-VI soils in the Rural Zone;
• The proposed subdivision is not contrary to the relevant objectives and policies of the Hauraki District Plan;
• The proposed subdivision will not create more than minor adverse effects on the environment. With regard to visual effects, while a new dwelling constructed on the building site on Lot 2 will be visible from some public and private viewpoints in the area, it will not create an adverse effect that is more than minor.
• Consent to the proposed subdivision will not adversely affect the integrity of the relevant Hauraki District Plan subdivision rule or public confidence in the consistent administration of the District Plan. The circumstances surrounding the title date of the site are unusual, as the site was initially authorised by subdivision consent prior to 26 September 2000.

Subject to the following conditions:

1. The subdivision shall be carried out generally in accordance with the Graeme J.D. Harder Scheme Plan ref. 05/55 dated November 2005.
2. That a Community Recreation Facilities Contribution of $1,842.94 plus GST be paid to Council for the creation of one additional lot (Waihi Ward).
3. Schedule of Proposed Easements

Purpose	Shown	Servient Tenement	Dominant Tenement
Right of Way	A	Lot 2 hereon	Lot 1 Hereon

4. Separate Power and Telephone connections are to be provided to the boundary of each lot in terms of the HDC District Plan section 9.3.11.3 and NZS 4404:2004.

5. That a consent notice pursuant to section 221 of the Resource Management Act 1991 shall be registered against the Certificate of Title of Lot 2 stating that Lot 2 is to be served with an improved septic disposal system that meets Environment Waikato and Hauraki District Council standards, and is in accordance with NZS 4404:2004. The design is to be undertaken by a suitably qualified and experienced person and is to include all calculations, details of soil investigation etc and is to be submitted to HDC for approval at the time of building consent, and approval received, before any installation begins.

6. That ROW A shall be constructed by the subdivider in accordance with the appropriate standard as specified in Rule 9.3.19.3 of the District Plan. In this case the appropriate standard is that for a right of way less than 250 metres in length, serving 1-2 lots in the Rural zone.

7. That the subdivider shall provide certification from a chartered professional geotechnical engineer as to the suitability of the construction of the earth dams on lots 1 and 2 for the purpose of damming water and providing for vehicle access on these structures. This certification is to be submitted to the District Engineer for approval

8. Full engineering plans and specifications (including back up calculations) for all engineering works shall be submitted to the District Engineer for consideration and approval PRIOR to the commencement of any work.

9. That three copies of "as built" plans be submitted to Council upon completion of construction, showing the details required by NZS 4404:2004

10. 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.

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

12. 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.

• Any work undertaken in the road reserve, including construction of vehicle entrances, will require a street opening permit and traffic management plan be submitted for approval before work commences. Any enquiries regarding this procedure may be directed to Janet Tee at the Hauraki District Council Paeroa Office, tel 07-862 8609.

An application has been received from Mrs Elizabeth Thompson seeking an exemption from the fencing of swimming pool requirements.

A detailed report from the Senior Monitoring Officer including the applicant’s letter of application and supporting documents is attached.

A hearing has been scheduled for 3.15am.

RECOMMENDATION

THAT the request from Elizabeth Thompson seeking exemption from the requirement of Clauses 8 to 10 of the Schedule to the Act be declined on the grounds that the most obvious public access to the house is within the pool area.

If the exemption were to be granted then it should be subject to the following conditions:

1. That an access path be formed to the proposed main entry door at the rear of the garage and be clearly indicated and Gate 1 as shown on the proposed pool plan be deleted so that visitors to the house do not access the dwelling through the pool area.
2. 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.
3. That the doors with access from the house directly to the pool are to be locked shut when the pool is not in use and under adult supervision.
4. That restrictors are to be fitted to the windows opening into the pool area.

8. LATE ITEMS

• 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.