There were no apologies.

There were no late items.

Reports of the matters dealt with by way of delegation from the period 1^st February 2007 and 1^st March 2007 were submitted separately for the Committee’s information.

RESOLVED

THAT the reports of delegated matters be received.

HC07/11 Gordon/Bubb CARRIED

MEETING HELD THURSDAY 8 MARCH 2007

RESOLVED

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

HC07/12 Bubb/Gordon CARRIED

SUBDIVISION – B & B PACIFIC DEVELOPMENT TRUST (82.688.434) (21KB)

A report from the District Planner was presented regarding the landscape plan for B & B Pacific Development Trust subdivision in Maddocks Street, Waihi.

A detailed report and supporting documents were attached.

A hearing was scheduled for 9.15am. The hearing commenced at 9.15am.

Mr Bill and Mrs Barbara Young were in attendance for the benefit of the hearing and discussion on the landscape design proposed for their subdivision in Maddocks Street, Waihi.

Mr and Mrs Young addressed each of the concerns regarding landscape plantings raised by Council staff as detailed in the report. The Young’s stated that the types of trees proposed for the subdivision would enhance the amenity of the location and would be appealing to residents living within and nearby the development.

Mr and Mrs Young were in agreement that the proposed plantings of Nikau trees be replaced with Cabbage trees as requested by Council staff.

Mr Young spoke to the concerns raised by the Community Services Manager that the larger type of Magnolia trees proposed for the roads with footpaths constructed would create an issue of maintenance and damage to paving. Mr Young advised that the trees will be planted in ‘root cages’ to inhibit their growth.

The Community Services Manager suggested of a number of smaller varieties of Magnolia could be considered for the planting on the balance of the new roads at the development. An alternative variety of Magnolia called ‘Little Gem" was suggested as a more suitable sized tree for planting on road reserves where footpaths are to be constructed.

Mr and Mrs Young were agreeable to consider using the smaller variety of Magnolia ‘Little Gem’ on the roads with footpaths as recommended by staff.

Mr Young advised of the native tree plantings of Kauri’s and Rimu’s in the pond area being (Lot 51). He considered the distance required for the trees to be planted from the boundary was reasonable. He considered it was excessive and requested that consideration be given to a distance of 7m.

Discussion was held regarding the planting of Kauri trees on the existing Robert and Maddocks Street road reserves. Mr Young stated the Kauri trees proposed for planting at this location are upright in growth and would not create a nuisance. He requested that a 7m distance instead of 10m be approved.

The Committee considered that they could see no issue with a reduced distance of 7m for the plantings at the Roberts and Maddocks road reserve.

The hearing closed at 9.40am.

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

Subdivision – B & B Pacific Development Trust (82.688.434) 9;

After considering all of the evidence the Committee:

RESOLVED

1. That Nikau Palms are substituted for Cabbage trees throughout the subdivision.
2. That Magnolia grandiflora or Little Gem 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 Little Gem 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 6 metres from the lot boundaries.
5. That the Committee approve of the Kauri trees proposed to be planted on the existing Robert and Maddocks Street road reserves.

HC07/13 Carmine/Bubb CARRIED

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

• 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

• MR AND MRS TREANOR OF 9 CLAREMONT AVE, PAEROA

A detailed report from the Regulatory Services Manager for the application including the applicant’s correspondence seeking exemption and supporting documents was presented.

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

The hearing commenced at 10.00am.

The applicants were not in attendance at the hearing.

Mr Bierre presented a detailed report on the application for exemption.

Mr and Mrs Shepherd, have an in ground pool on their property at 10 Kensington Road, Waihi, which is presently full of water and covered by a canvas cover secured around the edges. The pool area has a pool fence but there is access from the back door of the dwelling directly into the pool area. Council staff carried out inspections of the property on the 11^th December 2006 and again on the 22^nd February 2007and noted several matter of non compliance with the gates and fencing and the fact that there was no exemption or waiver in place for the door opening directly into the pool area from the house. Photographs were presented to the Committee for their consideration. Photographs of the pool area were included with the report.

The pool area is effectively fenced off from access by children other than those staying as invited guests, and therefore under the supervision of the house owner. It should be noted however, that if children younger than 6 years of age were staying in house they could gain direct access to the pool if not supervised. The main access to the house for the public is via a separate door other than the doors to the pool area from the living area.

Mr Bierre advised that the fencing of the pool does meet the requirements of the Fencing of Swimming Pools Act and does not require any further inspection. It was therefore recommended that the exemption be granted.

The hearing closed at 10.15am.

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

After considering all of the evidence the Committee:

RESOLVED

THAT the request from Mr and Mrs H and I Shepherd 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:

That all doors with access from the house into the pool area be fitted with a key locking that when properly operated prevents the door from being readily opened by children under the age of 6 years.

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

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

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

HC07/14 Gordon/Carmine CARRIED

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

The hearing commenced at 10.30am.

The applicants were not in attendance at the hearing.

Mr Bierre presented a report on the application for exemption.

Mr Carl Staples has an in ground pool on his property at 18A County Road Karangahake, which is presently full of water. Council staff carried out an inspection of the property on the 12^th December 2006 and noted several matters of non compliance with the gates and fence and the fact that there was no exemption or waiver in place for the doors opening directly into the pool area from the house. A further inspection on the 8^th February 2007 noted that there was now compliance with the outstanding matters. An application has been received from the Mr Staples seeking a waiver from the fencing requirements where the door from the dwelling opens into the pool area. Photographs of the pool area were included with the report.

The door that opens directly into the pool area from the house has a latch fitted above the floor which can not be reached by a child under the age of 6 years old, as allowed under clause 11 of the Schedule to the Act, nevertheless this needs to be specifically approved by Council under section 6 of the Act. The latch is not lockable.

The pool area is effectively fenced off from access by children other than those staying as invited guests, and therefore under the supervision of the house owner. It should be noted however, that if children younger than 6 years of age were staying in house they could gain direct access to the pool if not supervised. The main access to the house for the public is via a separate door other than the doors to the pool area from the living area.

Mr Bierre advised that the fencing of the pool does meet the requirements of the Fencing of Swimming Pools Act and does not require any further inspection. It was therefore recommended that the exemption be granted.

The hearing closed at 10.40am.

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

After considering all of the evidence the Committee:

RESOLVED

THAT the request from Mr C Staples 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:

That all doors with access from the house into the pool area be fitted with a key locking device that when properly operated prevents the door from being readily opened by children under the age of 6 years.

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

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

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

HC07/15 Carmine/Gordon CARRIED

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

The hearing commenced at 10.55am.

The applicants were not in attendance at the hearing.

Mr Bierre presented a detailed report on the application for exemption.

Mr and Mrs Davey have an in ground pool on their property at 31 Homunga Road, Waihi which is presently full of water. The pool area has a complying pool fence but there is direct access via the ranch slider door from the living room of the dwelling into the pool area. Council staff carried out an inspection of the property on the 3^rd January 2007 and noted non compliance with the gate and the fact that there was no exemption or waiver in place for the doors opening directly into the pool area from the house. An application has been received from the Mr and Mrs Davey seeking a waiver from the fencing requirements where the door from the dwelling opens into the pool area. Photographs of the pool area were included with the report.

The door that opens directly into the pool area from the house has a latch fitted above the floor which can not be reached by a child under the age of 6 years old, as allowed under clause 11 of the Schedule to the Act, nevertheless this needs to be specifically approved by Council under section 6 of the Act.

Mr Bierre advised that the fencing of the pool does meet the requirements of the Fencing of Swimming Pools Act and does not require any further inspection. It was therefore recommended that the exemption be granted.

The hearing closed 10.55am

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

After considering all of the evidence the Committee:

RESOLVED

THAT the request from Mr and Mrs V C and V Davey 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:

That all doors with access from the house into the pool area be fitted with a key locking device that when properly operated prevents the door from being readily opened by children under the age of 6 years.

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

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

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

HC07/16 Carmine/Gordon CARRIED

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

The hearing commenced at 11.10am.

The applicants were not in attendance at the hearing.

Mr Bierre presented a detailed report on the application for exemption.

Mr J Thompson and Ms Ruth Pattillo have an in ground pool on their property at 23 Boundary Road, Waihi which is presently full of water. The pool area has a pool fence but there is direct access via the french doors from the dinning room of the dwelling into the pool area. Council staff carried out an inspection of the property on the 21^st December 2006 and noted non compliance with the gate and the fact that there was no exemption or waiver in place for the doors opening directly into the pool area from the house. An application has been received from the Mr Thompson and Ms Pattillo seeking a waiver from the fencing requirements where the doors from the dwelling open into the pool area. Photographs of the pool area were included with the report.

The doors that open directly into the pool area from the house have latches fitted above the floor which can not be reached by a child under the age of 6 years old, as allowed under clause 11 of the Schedule to the Act, nevertheless this needs to be specifically approved by Council under section 6 of the Act. The latches are not lockable.

Mr Bierre advised that the fencing of the pool does meet the requirements of the Fencing of Swimming Pools Act and does not require any further inspection. It was therefore recommended that the exemption be granted.

The hearing closed 11.25am

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

After considering all of the evidence the Committee:

RESOLVED

THAT the request from Mr J Thompson and Ms R Pattillo 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 key locking device 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 under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/17 Carmine/Gordon CARRIED

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

The hearing commenced at 11.35am.

The applicants were not in attendance at the hearing.

Mr Bierre presented a detailed report on the application for exemption.

Ms Brenda Richards has an in ground pool on her property at 40A Station Road, Paeroa, which is presently full of water. The pool area has a pool fence but there is direct access via the ranch slider and laundry doors of the dwelling into the pool area. Council staff carried out inspections of the property on the 1^st February 2007and noted a matter of non compliance with the gate and the fact that there was no exemption or waiver in place for the door opening directly into the pool area from the house. An application has been received from the Ms Richards seeking a waiver from the fencing requirements where the doors from the dwelling open into the pool area. Photographs of the pool area were included with the report.

The doors that opens directly into the pool area from the house has a locking device fitted above the floor which can not be reached by a child under the age of 6 years old, as allowed under clause 11 of the Schedule to the Act, nevertheless this needs to be specifically approved by Council under section 6 of the Act.

The pool area is effectively fenced off from access by children other than those staying as invited guests, and therefore under the supervision of the house owner. It should be noted however, that if children younger than 6 years of age were staying in house they could gain direct access to the pool if not supervised. The main access to the house for the public is via a separate door other than the doors to the pool area from the living area.

The windows opening onto the pool area however, open outwards and are not fitted with inhibitors to restrict their opening width. To ensure a child cannot gain access through these windows, it was agreed that the property owner fit inhibitors to the windows for this purpose.

The hearing closed 11.45am

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

After considering all of the evidence the Committee:

RESOLVED

THAT the request from B Richards 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 key locking device 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 decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.
5. Windows are to be fitted with inhibitors.

HC07/18 Bubb/Carmine CARRIED

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

The hearing commenced at 11.55pm.

The applicants were not in attendance at the hearing.

Mr Bierre presented a detailed report on the application for exemption.

Mr Geoffry Crompton has a spa pool on his property at 25 Wilson Road, Waihi, which is presently full of water. The spa pool area has a pool fence that complies with the Fencing of Swimming Pools Act but there is direct access via the ranch slider and kitchen windows of the dwelling into the pool area. Council staff carried out inspections of the property on the 12^th February 2007and noted the non compliance in that there was no exemption or waiver in place for the door and windows opening directly into the pool area from the house. An application has been received from the Mr Crompton seeking a waiver from the fencing requirements where the door and windows from the dwelling opens into the pool area. Photographs of the pool area were included with the report.

The door and windows that open directly into the pool area from the house has a locking device fitted above the floor which can not be reached by a child under the age of 6 years old, as allowed under clause 11 of the Schedule to the Act, nevertheless this needs to be specifically approved by Council under section 6 of the Act.

The pool area is effectively fenced off from access by children other than those staying as invited guests, and therefore under the supervision of the house owner. It should be noted however, that if children younger than 6 years of age were staying in house they could gain direct access to the pool if not supervised. The main access to the house for the public is via a separate door other than the doors to the pool area from the living area.

The hearing closed 12.10pm

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

After considering all of the evidence the Committee:

RESOLVED

THAT the request from Mr Crompton 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 key locking device 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 under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/19 Bubb/Gordon CARRIED

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

The hearing commenced at 12.15pm.

Mr Peter Redding and Ms Irene Young (Applicants) were in attendance for the benefit of the hearing.

Mr Redding and Ms Young provided detail on the layout of the pool area in relation to the dwelling. The applicants advised of the locks they have installed on the bi fold doors accessing the pool area from the dining room. They have fitted hinges to the gate accessing the pool area from the outside area of the house.

Mr Bierre presented a detailed report on the application.

Mr Bierre advised that the applicants have an in ground pool on their property at 46 Claremont Avenue, Paeroa, which is presently full of water. The pool area has a pool fence but there is direct access via the bifold door from the dining room of the dwelling into the pool area. Council staff carried out inspections of the property on the 11^th December 2006 and again on the 22^nd February 2007and noted several matter of non compliance with the gates and fencing and the fact that there was no exemption or waiver in place for the door opening directly into the pool area from the house. An application has been received from the Mr Redding and Mrs Young seeking a waiver from the fencing requirements where the doors from the dwelling open into the pool area. Photographs of the pool area were included with the report.

The door that opens directly into the pool area from the house has a locking device fitted above the floor which can not be reached by a child under the age of 6 years old, as allowed under clause 11 of the Schedule to the Act, nevertheless this needs to be specifically approved by Council under section 6 of the Act.

The pool area is effectively fenced off from access by children other than those staying as invited guests, and therefore under the supervision of the house owner. It should be noted however, that if children younger than 6 years of age were staying in house they could gain direct access to the pool if not supervised. The main access to the house for the public is via a separate door other than the doors to the pool area from the living area.

The hearing closed at 12.25pm.

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

After considering all of the evidence the Committee:

RESOLVED

THAT the application from Mr P Redding and Ms I Young 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 key locking device 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 under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/20 Carmine/Bubb CARRIED

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

The hearing commenced at 12.25pm.

The applicants were not in attendance at the hearing.

Mr Bierre presented a detailed report on the application.

It was explained that the immediate pool has a complying fence in every respect except that a stone retaining wall running parallel to the eastern fence potentially provides a step. Clause 1 of the Schedule to the Fencing of Swimming Pools Act 1978 requires that "the top of the pool fence must be at least 1.2 meters above any permanent object that is within 1.2 meters of the outside of the fence". The distance as measured from the top of the stone wall to the top of the fence is 1.1 meters. An application has been received from the Treanor’s seeking a waiver for the 100mm. Photographs of the pool area were included with the report.

Mr and Mrs Treanor seek from the Committee, a waiver under Section 6 of the Act for the requirement for the distance from the top of the retaining wall to the top of the fence to be at least 1.2meters on the grounds that this would be impossible or unreasonable. The alternative is to relocate the entire eastern fence.

Mr Bierre stated that from an inspection of the pool that it would be difficult but not impossible for a child of six (6) years or less to step from the wall to the top of the fence. They would be more likely to lose their balance and fall between the wall and the fence.

It was agreed that to move the fence would be unreasonable and allowing the exemption would not increase the danger to young children.

It was requested that the decision of Council be entered on the title of the land by the owners for the information of a future owner.

The hearing closed at 12.40pm.

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

After considering all of the evidence the Committee:

RESOLVED

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.

HC07/21 Carmine/Gordon CARRIED

RESOLVED

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:

HC07/22 Carmine/Bubb CARRIED

THAT the public be re-admitted to the meeting and the business discussed confirmed.

HC07/24 Carmine/Gordon CARRIED

The meeting closed at 1.45pm.

CONFIRMED

D M Carmine

10 May 2007