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 19 APRIL 2007 COMMENCING AT 9.00 AM

L.D. Cavers

Chief Executive

HEARINGS FOR MEETING

9.15am

Subdivision Landscape Plan – B & B Pacific Development Trust

10.15am

Fencing of Swimming Pool Waiver – H & I Shepherd

10.35am

Fencing of Swimming Pool Waiver –  C. Staples

10.55am

Fencing of Swimming Pool Waiver –  C & V Davey

11.15am

Fencing of Swimming Pool Waiver –  J. Thompson & R. Pattillo

11.35am

Fencing of Swimming Pool Waiver – B. Richards

11.55am

Fencing of Swimming Pool Waiver –  G. Crompton

12.15pm

Fencing of Swimming Pool Waiver –  P. Redding & I. Young

1.15pm

Fencing of Swimming Pool Waiver – Mr & Mrs Treanor

IN COMMITTEE

DISTRICT PLAN ENFORCEMENT

2.00pm

J & B Clothier Limited

2.45pm

B B & J G Thomas 

3.30pm

D R & C M Orchard (Trading as OFC Trust Limited)

 

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 period 1st February 2007 and 1st March 2007 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 8 MARCH 2007 1-4

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Thursday 8 March 2007 be taken as read and confirmed.

  1. MATTERS ARISING FROM THE MINUTES

  1. SUBDIVISION – B & B PACIFIC DEVELOPMENT TRUST (82.688.434) (21KB)   5-9

Attached is a report from the District Planner regarding the landscape plan for B & B Pacific Development Trust subdivision in Maddocks Street, Waihi.

A detailed report and supporting documents are attached.

A hearing has been scheduled for 9.15am.

RECOMMENDATION

  1. That Nikau Palms are substituted for Cabbage trees throughout the subdivision.
  2. That Magnolia grandiflora be planted only along those lengths of the new roads (shown as roads 1 and 3 on the plan) that will not have footpaths.
  3. That a smaller variety of Magnolia be planted along the balance of the new roads.
  4. That the Kauri trees and Rimu trees on Lot 51 be planted a minimum of 10 metres from the lot boundaries.
  5. That the Committee make a decision on the Kauri trees proposed to be planted on the existing Robert and Maddocks Street road reserves.

  1. APPLICATIONS FOR EXEMPTION UNDER SECTION 6 FENCING OF SWIMMING POOL ACT  10-70

The following applications have been received seeking an exemption from the fencing of swimming pool requirements.

H AND I SHEPHERD OF 10 KENSINGTON ROAD,WAIHI (26KB)

C STAPLES OF 18A COUNTY ROAD, KARANGAHAKE (24KB)

C & V DAVEY OF 31 HOMUNGA ROAD, WAIHI (24KB)

J THOMPSON AND R.PATTILLO OF 23 BOUNDARY ROAD, WAIHI (24KB)

B RICHARDS OF 40A STATION ROAD, PAEROA (24KB)

G CROMPTON OF 25 WILSON ROAD, WAIHI (25KB)

P REDDING AND I YOUNG OF 46 CLAREMONT AVE, PAEROA(24KB)

MR AND MRS TREANOR OF 9 CLAREMONT AVE, PAEROA(22KB)

A detailed report from the Regulatory Services Manager for each application including the applicant’s letter seeking exemption and supporting documents are attached.

Hearings for each application have been scheduled at the times allocated above.

RECOMMENDATION

THAT the request from:

H and I Shepherd of 10 Kensington Road,Waihi

C. Staples of 18A County Road, Karangahake

C & V Davey of 31 Homunga Road, Waihi

J. Thompson and R.Pattillo of 23 Boundary Road, Waihi

B Richards of 40A Station Road, Paeroa

G Crompton of 25 Wilson Road, Waihi

P. Redding and I Young of 46 Claremont Ave, Paeroa

seeking a waiver from the requirement of Clauses 8 to 10 of the Schedule to the Act be granted on the grounds that it would be unreasonable for the access to the pool from the house to comply with the Act. Clause 11 of the Schedule to the Act allows for this specific situation on condition that the doors are fitted with a lock that, when properly operated, prevents the door from being opened by children under 6 years of age. Allowing the exemption would not significantly increase danger to young children.

The waiver is subject to the following conditions:
    1. 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.

    2. That the doors with access from the house directly to the pool are locked shut when the pool is not in use and under adult supervision.

    3. That the access from the house to the pool area be protected by an alarm complying with UL 2017 capable of detecting unauthorised access from the house into the immediate pool area, and that when activated emits a sound of 85 decibels or more to be heard from the house.

    4. That the decision of Council be entered on the title of the land for the information of a future owner.

    5. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

Mr & Mrs Treanor

RECOMMENDATION

THAT the request from Mr & Mrs Treanor seeking a waiver to reduce the distance from 1.2m to 1.1m as required by Clause 1 of the Schedule to the Act be granted on the grounds that it would be unreasonable for the fence to be moved. Allowing the exemption would not significantly increase danger to young children.

The waiver is subject to the following conditions:
    1. That the decision of Council be entered on the title of the land by the owners for the information of a future owner.
    2. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

  1. LATE ITEMS

  1. MATTERS TO BE TAKEN WITH THE PUBLIC EXCLUDED 71-76

RECOMMENDATION

THAT the public be excluded from the following parts of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Item No.

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) Under Section 48(1) for the Passing of this Resolution

1

(deleted)

District Plan Enforcement :

J & B Clothier Limited

Sec 62 BLK II Aroha SD Sec 3547 BLK XIV Ohinemuri SD – 36 Hectares

B B & J G Thomas

56 Waitete Road, Waihi Lot 3 DPS 54417 Valuation 05020/001.09 – area 1 hectare

D R & C M Orchard (Trading as OFC Trust Limited)

16 lot subdivision between Mueller and Gilmour Streets in Waihi.

Protection of Privacy of Natural Persons

S7(2)(a)

 

Section 48(1)(a) That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist.

Procedure for Hearings