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 21 SEPTEMBER 2006 COMMENCING AT 9.00AM

L.D. Cavers

Chief Executive

HEARINGS FOR MEETING

9.15am

(withdrawn)

E A & G A McLarnon – Objection to Condition of Resource Consent

10.15am

G & S Jeffries – Objection to Conditions of Resource Consent

10.45am

(postponed)

Brake Farms Limited – Objection to Condition of Resource Consent

ORDER OF BUSINESS

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 periods 1st July and 1st August 2006 are submitted separately for the Committee’s information.

RECOMMENDATION

THAT the reports of delegated matters be received.

4. CONFIRMATION OF MINUTES

4.1 MEETING HELD THURSDAY 10 AUGUST 2006 1-16

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Thursday 10 August 2006 be taken as read and confirmed.

5. MATTERS ARISING FROM THE MINUTES

6. NON-NOTIFIED RESOURCE CONSENT APPLICATIONS

6.1 OBJECTION TO CONDITION OF RESOURCE CONSENT E A & G A McLARNON, 76A AND 76B BARRY ROAD, WAIHI (82.609.324) 17-32

On 3 August 2006 consent was granted to the applicant under delegated authority to subdivide Lots 2 and 3 DP 366072 located at 76A and 76B Barry Road in Waihi into three lots.

An objection has been lodged on behalf of the applicant under Section 357 of the Resource Management Act 1991 to condition 8 as set out in the report was received by Council on 21 August 2006.

A detailed report from the Consultant Planner is attached.

A hearing has been scheduled for 9.15am.

RECOMMENDATION

THAT the report be received

AND THAT (i) That pursuant to Section 357 of the Resource Management Act the Hauraki District Council allows, in part, the objection to condition 8 of the subdivision of Lots 2 and 3 DP 366072 and that condition 2 be amended as follows:

8. That the right of way shall be constructed by the sub divider 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 1-3 lots in the Residential zone, except that the length of right of way along the northern boundary of Lot 2 shall be widened to 6.3m to accommodate a passing bay 8m long, clear of the entrance to Lot 2. The minimum sealed width of this part of right of way shall be 6m. Stormwater runoff from this Right of Way is to be contained within the Right of way boundaries.

REASONS:

    1. Allowing the existing 2.7m wide ROW carriageway formation to remain as sought by the applicant will result in adverse effects on the safety and efficiency of the right of way.
    2. The loss of some of the area of Lot 2 is not an effect of sufficient significance to outweigh the need to provide a safe and efficient ROW access to Lots 3 and 4.

6.2  OBJECTION TO CONDITIONS OF RESOURCE CONSENT G & S JEFFRIES, 54 MAKO AVENUE, WHIRITOA (82.689.950)  (37KB)  33-43

On 18 April 2006 consent was granted to the applicant under delegated authority to subdivide Lot 177 DP 17140 located at 54 Mako Avenue, Whiritoa into two greenfields lots.

An objection has been lodged on behalf of the applicant under Section 357 of the Resource Management Act 1991 to conditions 2, 5 and 8 as set out in the report was received by Council.

A detailed report from the Consultant Planner is attached.

A hearing has been scheduled for 10.15am.

RECOMMENDATION

THAT the report be received

AND THAT pursuant to Section 357 of the Resource Management Act the Hauraki District Council refuses the objection to condition 2 of the subdivision of Lot 177 DP 17140 and that condition 2 remain unaltered.

AND THAT pursuant to Section 357 of the Resource Management Act the Hauraki District Council refuses the objection to condition 5 of the subdivision of Lot 177 DP 17140 and that condition 5 remain unaltered.

AND 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 177 DP 17140 and that condition 8 remain unaltered.

REASONS:

    1. Allowing the existing 2.7m wide ROW carriageway formation to remain 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.

6.3  OBJECTION TO CONDITION OF RESOURCE CONSENT BRAKE FARMS LIMITED- 360 BEACH ROAD, WAIHI (82.765.401) 44-50

Consent was granted on 22 August 2006 to the above application, to subdivide one surplus dwelling lot and one small general lot from Lot 2 DPS 28453.

An objection on behalf of the applicant under section 357 of the Resource Management Act to condition 2 set out in the report, was received by Council on 31 August 2006.

A detailed report from the Consultant Planner is attached.

A hearing has been scheduled for 10.45am.

RECOMMENDATION

THAT the report be received

AND THAT Condition 2 be amended to read as follows:

AND THAT a Community Recreation Facility Contribution of $1842.94 plus GST be paid for one additional lot and a contribution of $921.00 plus GST be paid for the surplus dwelling.

7. LATE ITEMS

Procedure for Hearings