HAURAKI DISTRICT COUNCIL

HEARINGS COMMITTEE

NOTICE IS HEREBY GIVEN THAT A MEETING OF THE HEARINGS COMMITTEE WILL BE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON THURSDAY 6 JULY 2006 COMMENCING AT 9.00AM

L.D. Cavers

Chief Executive

HEARINGS FOR MEETING

9.15am

Subdivision Application to create two lifestyle lots and a balance rural lot –

B & J Brown

10.15am

(Reconvened Hearing) Subdivision Consent Application to create twenty two lots in a residential zone - Tidal Reach Limited

11.30am

Dangerous Dog Appeal – C Sinclair

ORDER OF BUSINESS

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

3.1 MEETING HELD THURSDAY 6 APRIL 2006 1-6

RECOMMENDATION

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

3.2 MEETING HELD THURSDAY 20 APRIL 2006 7-10

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Thursday 20 April 2006 be taken as read and confirmed.

4. MATTERS ARISING FROM THE MINUTES

5. DELEGATED MATTERS (01.010.001)

5.1 Reports of the matters dealt with by way of delegation from the period 1st April and 1st May 2006 are submitted separately for the Committee’s information.

RECOMMENDATION

THAT the reports of delegated matters be received.

6. NON NOTIFIED RESOURCE CONSENT APPLICATION 11-32

6.1 SUBDIVISION APPLICATION TO CREATE TWO LIFESTYLE LOTS AND A BALANCE RURAL LOT - B & J BROWN, 1510 KAIHERE ROAD, KAIHERE (82.042.354) (81KB)

The Applicants, B and J Brown of 1510 Kaihere Road, Kaihere have applied to subdivide their property into three lots.

A detailed report and supporting documentation is attached.

A hearing has been scheduled for 9.15.am.

RECOMMENDATION

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 4 DP 325609, located at 1510 Kaihere Road, Kaihere into three lots, for the following reasons:
  • The proposed subdivision is contrary to the relevant objectives and policies of the Hauraki District Plan that seek to prevent fragmentation of high quality soils in the District and the protection of amenity values and rural character. When viewed in isolation the effects of the proposed subdivision could be viewed as minor, however when viewed in a wider context the subdivision will contribute to a cumulative reduction in the rural character and amenity of the District as a whole.

  • Consent to the proposed subdivision will adversely affect the integrity of Rule 10.1.5.4.B(e) of the Hauraki District Plan and public confidence in the consistent administration of the District Plan. The application that gave rise to the subject title was not lodged until 2002. The relevant rule is aimed at preventing multiple stage subdivision of recently subdivided rural properties which if allowed to occur might otherwise result in a cumulative reduction in rural character. There is nothing unusual about the circumstances that have given rise to the date of the subject title that set it apart from other like applications that may be lodged in future. 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 subdivisions of other titles of a similar age and circumstance if consent were granted to this application.

7. NOTIFIED RESOURCE CONSENT APPLICATION

7.1 (RECONVENED HEARING) - SUBDIVISION CONSENT APPLICATION TO CREATE TWENTY TWO LOTS IN A RESIDENTIAL ZONE – TIDAL REACH LIMITED, CNR WHIRITOA ROAD AND STATE HIGHWAY 25, WHIRITOA (82.774.218) 33-55

The applicant sought a private plan change to rezone a 1.9172 area of land located at the corner of State Highway 25 and Whiritoa Beach Road from ‘Rural-Residential’ to ‘Residential’. The Plan Change and subdivision applications were heard by Council on 23 January 2006. There have been no appeals to the Plan Change and Council has resolved to make the plan change operative.

A hearing has been scheduled for 10.15am

Attached is a copy of the minutes of the hearing held on Monday, 23 January 2006.

CONFIRMATION OF MINUTES

MEETING HELD MONDAY 23 JANUARY 2006

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Monday 23 January 2006 be taken as read and confirmed.

SUPPLEMENTARY PLANNING REPORT : TIDAL REACH WHIRITOA (1.1MB)

Attached is a Supplementary Planning report from the Consultant Planner which includes:

RECOMMENDATION

For easy reference, additions to the recommendation tabled by staff at the hearing on 23 January 2006 are shown in underline and deletions shown in strikethrough. An explanation of the changes is set out below:

Condition 2

There is no need to include "sewage" within the Schedule of Easements, as any sewer line that serves more than one lot and/or crosses another lot is a public drain and the provisions of the Local Government Act 2003 apply. There is no need to show easements for the public drains.

Condition 7

The subdivision does not contain any internal access for 1-3 lots and this reference needs to be deleted.

Condition 9

The condition needs to make it clear that the width of the carriageway is 6.0 metres.

The wording to restrict parking was not clear.

Condition 10a

A contribution to the upgrading of part of Whiritoa Beach Road is required, mainly for the extension of the footpath in the vicinity of the Whiritoa Fire Station through to the subdivision entrance.

Condition 13

At the hearing, the applicant advised that the disposal of greywater from boat washing down areas etc was an optional additional stormwater management provision that was not required to achieve the stormwater design objectives. In his report, Mr Caldwell has also pointed out the difficulties in maintaining these features. Accordingly, it is recommended that reference to the greywater system be deleted.

Condition 14

A contribution to the upgrading of the Mako Street storage system is required.

Condition 15

Refer to Condition 13 above.

Condition 16 b) and c)

Refer to Condition 13 above.

Advisory Note c)

This matter is already addressed in Condition 11.

That pursuant to Section 104B of the Resource Management Act 1991 the Hauraki District Council grant consent to this Discretionary Activity application to subdivide Lot 67 DPS 14798, located at the corner of State Highway 25 and Whiritoa Beach Road, Whiritoa into twenty residential lots, on the grounds that:

Subject to the following conditions:

General

1. The subdivision shall be carried out generally in accordance with Beca Carter Hollings & Ferner Limited Scheme Plan ref. 4210271/T005 Rev B, subject to any changes required by conditions.

2. That the following schedule of easements be created.

Schedule of Easements

Purpose

Servient Tenement

Dominant Tenement

Shown

Right-of-way

Electricity

Telephone

Stormwater

Sewage

Lot 2

Lots 1, 3 – 7

A

Lot 3

Lots 1, 2, 4 – 7

B

Lot 4

Lots 1 – 3, 5 – 7

C

Lot 5

Lots 1 – 4, 6, 7

D

Lot 6

Lots 1 – 5, 7

E

Lot 10

Lots 9, 11 – 15

F

Lot 11

Lots 9, 10, 12 – 15

G

Lot 12

Lots 9 – 11, 13 – 15

H

Lot 13

Lots 9 – 12, 14, 15

I

Lot 14

Lots 9 – 13, 15

J

Lot 16

Lots 17 – 20

K

Lot 17

Lots 16, 18 – 20

L

Lot 18

Lots 16, 17, 19, 20

M

Lot 19

Lots 16 – 18, 20

N

3. That Lot 22 shall vest in the Council as ‘Road’, subject to the corner splays on Lots 1 and 21 with Whiritoa Beach Road being 6.0 metre splays in accordance with Rule 9.3.14.3 of the Hauraki District Plan.

4. That Lot 21 shall vest in the Council as ‘Local Purpose Reserve (Stormwater and Amenity)’.

Vehicle Access/Roading/ROW Access

5. That a consent notice pursuant to Section 221 of the Resource Management Act 1991 shall be registered on the certificates of title for the lots listed below stating that no vehicular access to either State Highway 25 or Whiritoa Beach Road is allowed (whichever is applicable). The notices shall be registered at the consent holder’s expense.

ROAD

APPLICABLE LOTS

State Highway 25

 

4, 5, 11, 12, 13, 14 & 17

Whiritoa Beach Road

1, 2, 3 & 4

(Note : The consent notices are required to manage vehicle access rather than the segregation strip proposed by the applicant)

6. All Rights of Way abutting the new road (Lot 22) are to have Class E (Standard Residential Vehicle Entrance) as specified in section 9.3.3.3 of the Hauraki District Plan, constructed by the consent holder.

7. The internal accesses to each of the Rights of Way are to be constructed by the consent holder 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, and for 4-5 allotments, having a minimum access width of 6m and a minimum carriageway width of 4.8m). Full engineering plans including long sections, cross sections and pavement design shall be submitted to the Hauraki District Engineer for consideration and approval prior to the commencement of any work.

8. All stormwater runoff from the Rights of Way is to be reticulated to the stormwater detention pond within the subdivision, or alternatively disposed of within the Rights of Way boundaries.

9. The consent holder shall construct the proposed road (Lot 22) in accordance with NZS 4404:2001. The carriageway is to be a minimum width of 6.0m with kerb and channel both sides, 1.4m width footpath on the western side continuing around the cul-de-sac head to a point approved by the Hauraki District Engineer, swales with associated reticulation to move the swale stormwater to the detention pond without overland flow over the road carriageway, and associated road marking and street signage.  "No Stopping" signage or road marking shall be placed on the eastern side of the road.  The carriageway is to be of conventional dual crossfall with at least the cul-de-sac head being asphaltic concrete. Full engineering plans and specifications are to be submitted to the Hauraki District Engineer prior to any construction taking place.

10. The consent holder shall provide street lighting within the proposed road reserve (Lot 22) in accordance with section 3.3.15 of NZS 4404:2004 and Hauraki District Council requirements.

10a. The consent holder shall pay a road upgrading contribution of $5,133.41 plus GST, for upgrading Whiritoa Beach Road to the required urban standard (refer to Rules 9.3.17.3.A & 10.2.7.3.B(b))

Landscaping

11. The consent holder shall undertake the landscaping within the proposed cul-de sac and along Whiritoa Beach Road, generally in accordance with the CGC Landscape Company plan submitted with the application (reference Job No : 5582.02, dated 05.05.2005), subject to the extension of planting along the boundary of 61 Marlin Place to the satisfaction of the Manager Planning and Environmental Services.

11a. The consent holder shall undertake the landscaping along the boundary of State Highway 25, generally in accordance with the CGC Landscape Company plan submitted with the application (reference Job No : 5582.02, dated 05.05.2005), subject to any amendments following consultation with Transit New Zealand, to the satisfaction of the Manager Planning and Environmental Services.

11b. In the event that either an agreement between the consent holder and Transit New Zealand with respect to landscaping cannot be achieved or the consent holder determines to include the landscaping within the subdivision, then the consent holder need not comply with Condition 11a, but shall comply with Condition 11c.

11c. The consent holder shall undertake landscaping within Lots 4, 5, 11, 12 & 13 along the boundary of State Highway 25, generally in accordance with the CGC Landscape Company plan submitted with the application (reference Job No : 5582.02, dated 05.05.2005) to the satisfaction of the Manager Planning and Environmental Services.

That pursuant to Section 221 of the Resource Management Act 1991 consent notices shall be placed on all of Lots 4, 5, 11, 12 & 13 (inclusive), recording that no removal of vegetation along the boundary of the lot can be undertaken. The notice shall be registered at the consent holder’s expense against the certificates of title for Lots 4, 5, 11, 12 & 13 (inclusive).

11d. A landscape and planting management plan shall be submitted for the approval of the Manager Planning and Environmental Services prior to the commencement of works on the site. The landscaping and planting plan shall provide for the:

a) Street amenity;

b) Softening and screening of the proposed subdivision from State Highway 25 and adjacent properties; and

c) Softening and screening of the proposed cul-de-sac from 61 Marlin Place.

The plan shall include, but not necessarily be limited to:

11e. The consent holder shall manage and maintain the landscaped areas and existing plantings in accordance with the approved landscaping and planting plan to the satisfaction of the Manager Planning and Environmental Services for the period of the bond specified in Condition 22.

Sewerage

12. The consent holder is to provide new reticulation including separate connections to each residential lot in accordance with NZS 4404:2004. A proposed scheme plan for the wastewater is to be submitted to the Hauraki District Engineer for approval before construction begins. These plans are to include longsections showing grades and ground cover.

13. The consent holder shall submit plans and specifications as to how grey water will be disposed of from the proposed subdivision as outlined in the application, to be approved by the Hauraki District Engineer prior to construction (refer also to Conditions 21 & 22).

14. That a capital contributions of $3,800.00 plus GST, being 28% of the cost of a new aerator for the Whiritoa Wastewater Plant and $4,540.00 plus GST being 28% of the cost of upgrading the Mako Street storage capacity, shall be paid to the Council.

Stormwater

15. The consent holder shall provide for stormwater disposal from the subdivision in accordance with NZS 4404:2004 and as outlined in the subdivision application and in the plan change request, excluding the proposed greywater storage system. A proposed Stormwater Management Plan for the whole of the stormwater system is to be submitted to the Hauraki District Engineer for approval before construction begins. The plans are to include longsections showing grades and ground cover plus full engineering plans of the stormwater detention pond.

16. That pursuant to Section 221 of the Resource Management Act 1991 consent notices be placed on all of Lots 1 – 20 (inclusive), recording the ongoing obligation to comply with specific building requirements for this area, as follows:

a) Water supply – onsite roof water collection and storage of at least 25,000 litres and appropriate treatment facilities to provide for a domestic water supply to the New Zealand Drinking Water Standard and NZS 4404:2004 requirements;

b) Greywater disposal – greywater will be collected from other outside surfaces and held in an underground detention tank of at least 2,500 litres storage and 5,000 litres detention capacity. An in-tank pump is to be installed, which will enable this water to be used for garden irrigation, boat/car washing in dry periods separate from the domestic supply;

c) Stormwater disposal – overflow from water supply and greywater storage tanks is to be disposed of by way of soakage trench within the boundary of the lot and then to the stormwater detention pond;

d) Impervious surfaces – on lots less than 700m2 impervious surface area is restricted to 50% of the nett site area (excluding the right of way access where relevant) and on lots greater than 700m2 impervious surface area is restricted to 40% of nett site area (excluding the right of way access where relevant).

The notice shall be registered at the consent holder’s expense against the certificates of title for Lots 1 – 20.

17. That pursuant to Section 221 of the Resource Management Act 1991 consent notices shall be placed on all of Lots 1 – 20 (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 – 20.

18. Bond – refer to Condition 22.

Power and Telephone

19. The subdivision shall be reticulated with power and telecommunications with connections provided to the boundaries of Lots 1 to 20 in accordance with Section 9.3.11.3 of the Hauraki District Plan and NZS 4404:2004.

20. The existing power poles and 33kVA lines currently running through the site shall be relocated outside of the site to run along Whiritoa Beach Road.

Community Recreation Facilities Contribution

21. That a Community Recreation Facilities Contribution of $1,842.94 plus GST per lot be paid to the Council for the creation of nineteen 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 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 bond referred to in condition 22.2 having been entered into, the Council will discharge the bond.

22.2 At the expiry of the maintenance period a further bond:

(a) in the sum of 5% (as agreed with the Council by its district engineer or other officer) of the cost of constructing and developing the stormwater management pond on proposed Lot 21 and the landscaping along State Highway 25, Whiritoa Beach Road and the proposed cul-de-sac;

(b) for a further term of 12 months from expiry of the maintenance period;

(c) containing the provisions of conditions 22.1(c) to (e) with all necessary changes.

22.3 The bonds are to be prepared by the Council's solicitors at the cost of the consent holder and will contain such further or other 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 are to be submitted to the Hauraki District Council for approval prior to any construction/installation taking place.

24. As-Built drawings of all new works required shall be submitted to the Hauraki District Council upon completion of the construction works showing the details required by NZS 4404: 2004, Schedule 1D.

(Note : All works are to be presented on a single plan by the Applicant. 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, and levels are to be in terms of Taraua Datum)

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 Huaraki District Council an administration fee of $75.00 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 District 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) There is to be no planting within the proposed road reserve without the prior approval of the Hauraki District Engineer as to location and type of planting.

d) Any works undertaken in the road reserve, including construction of vehicle entrances, 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

8. NOTICE UNDER SECTION 31(2) DOG CONTROL ACT 1996 (DANGEROUS DOG) 56-72

8.1 APPLICATION FOR OBJECTION TO A DANGEROUS DOG CLASSIFICATION C SINCLAIR, STATE HIGHWAY 27, RD3, MORRINSVILLE (63.100.023) (18KB)

On 7 June 2006, a notice under Section 31(2) Dog Control Act 1996 (Dangerous Dog) was served on Ms C Sinclair following a complaint received regarding her dog ‘Bear’.

An objection to the classification has been received.

A detailed report is attached.

A hearing has been scheduled for 11.30am

RECOMMENDATION

THAT the classification be upheld.

10. LATE ITEMS