L.D. Cavers

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 1^st June 2007 are submitted separately for the Committee’s information.

4. CONFIRMATION OF MINUTES

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Thursday 19 July 2007 be taken as read and confirmed.

5. MATTERS ARISING FROM THE MINUTES

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the doors with access from the dwelling into the pool area are locked shut when the pool is not under adult supervision.
3. That the pool gate latch height is made compliant with the Act.
4. That the access from the garage to the pool area be protected by an alarm complying with UL 2017 capable of detecting unauthorised access from the garage into the immediate pool area, and that when activated emits a sound of 85 decibels or more to be heard from the house.
5. That the decision of Council be entered on the title of the land for the information of a future owner.
6. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

The waiver is subject to the following conditions:

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the doors from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the doors with access from the dwelling into the pool area are locked shut when the pool is not under adult supervision.
3. That the side gate is made compliant to The Fencing of Swimming Pools Act 1987 as this is achievable and is not an unreasonable request.
4. That the access from the garage to the pool area be protected by an alarm complying with UL 2017 capable of detecting unauthorised access from the garage into the immediate pool area, and that when activated emits a sound of 85 decibels or more to be heard from the house.
5. That the decision of Council be entered on the title of the land for the information of a future owner.
6. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the doors from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the doors with access from the dwelling into the pool area are locked shut when the pool is not under adult supervision.
3. That the access from the garage to the pool area be protected by an alarm complying with UL 2017 capable of detecting unauthorised access from the garage 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.

7. NON-NOTIFIED RESOURCE CONSENT APPLICATION

The applicant seeks consent to establish a 21 unit comprehensive residential development on the site. The overall facility will be administered by a body corporate and a manager will live on-site in one of the units.

The detailed report from the Consultant Planner is attached.

A hearing has been scheduled for 10.00am.

RECOMMENDATION

That pursuant to Sections 94 and 104B of the Resource Management Act 1991 the Hauraki District Council grant consent to this non-notified, discretionary activity application by Kowhai Villas Development Ltd to establish a comprehensive residential development in the Residential Zone at Taylors Avenue, Paeroa (Lot 12 DP 4716, Lot 13 DP 4716, Lot 14 DP 4716, Lot 15 DP 4716, Part Lot 10 DP 4716, Pt Lot 11 DP 4716, Lot 1 DPS 25567) for the following reasons:

1. Subject to compliance with the conditions of consent the proposal is consistent with the relevant objectives, policies and assessment criteria of the Hauraki District Plan, and with the relevant provisions of Part II of the Resource Management Act 1991. The site is considered an appropriate location for a comprehensive residential development given its size, undeveloped nature, proximity to the Paeroa town centre and adjoining areas of open space. However the density of development proposed, and the associated access arrangement and lack of communal open space on the site, does not maintain and enhance the amenity and quality of the environment that will be created by the proposal.
2. Subject to compliance with the conditions of consent the adverse effects on the environment of the activity will be no more than minor.

Subject to the following conditions:

1. That the activity shall be carried out in general accordance with the application submitted by Harrison Grierson Ltd dated February 2007 and the further information submitted on 16 May 2007 and 5 July 2007 unless required to be amended by the conditions below.
2. That a maximum of 18 units be developed.
3. That a revised site plan showing an area of communal open space on the site and taking account of condition 2 of this consent shall be submitted to the Manager of Planning and Environmental Services for consideration and approval prior to the commencement of any work.
4. That a revised Landscape Concept Plan shall be submitted to the Manager of Planning and Environmental Services for consideration and approval prior to the commencement of any work. All entrance features and landscaping shall be established in accordance with the Hauraki District Council guidelines attached as Appendix One to this consent
5. That all outdoor living courts shall be screened with timber and trellis fencing or planting to a height of at least 1.8m so as to achieve effective visual screening from habitable room windows of adjoining units located within 6 metres of the outdoor living court.
6. That the consent holder shall reticulate the development for water. The development as a whole shall be provided with a bulk metered water connection at the boundary of the site with Taylor Avenue in accordance with NZS 4404:2004 and Performance Standard 9.3.9 of the Hauraki District Plan.
7. That the development shall be reticulated for sewage disposal in accordance with the requirements of NZS 4404:2004 and Performance Standard 9.3.7 of the Hauraki District Plan. Each unit shall be provided with a connection that will service the whole of the unit site area by gravity flow.
8. That the development shall be reticulated with a piped stormwater drainage system, in accordance with the requirements of NZS 4404:2004 and Performance Standard 9.3.10 of the Hauraki District Plan. Each unit shall be provided with a connection which will service the whole of the unit site area by gravity flow.
9. That the consent holder shall form and construct the unformed portion of public road from the existing Taylor Avenue formation to the boundary of the subject site in accordance with NZS 4404:2004, including streetlighting, road marking, signage, footpaths and kerb and channel.
10. That the consent holder shall form a right of way in favour of Hauraki District Council from the boundary of the subject site with Taylor Avenue to serve the Hauraki District Council pump station site (Lot 2 DPS 25567). The right of way shall be formed and constructed in accordance with the Hauraki District Plan, ie Section 9.3.19 Internal Access, to the satisfaction of the District Engineer.
11. The consent holder shall take all measures, including the control of any contractors, during the earthworks and construction period, to ensure that:
1. No earthworks or construction work are to be undertaken on Sundays or outside the hours between 7am to 5:30pm – Monday to Saturday.
2. Noise levels are to comply with Section 9.4.1.3 Construction Noise of the Hauraki District Plan.
3. Dust emissions do not create adverse effects beyond the boundary of the site.
12. The consent holder shall form a right of way from the boundary of the site with Taylor Avenue to the
13. That engineering plans and specifications covering all engineering works shall be submitted to the District Engineer for consideration and approval prior to the commencement of any work.
14. That three copies of ‘as-built’ plans shall be submitted to Council upon completion of the construction works showing the details required by NZS 4404:2004.
15. That the consent holder is to bond a sum of 5% of the total project cost (to be agreed with the District Engineer) at the time of building consent for the first unit on the site for a period of 12 months being the maintenance period required for this development. This bond is to be held by the Hauraki District Council to ensure that all works within the development perform satisfactorily and are up to Council standard after 12 months of operation from the time of completion. The Hauraki District Council will inspect the works prior to the release of the bond with a representative of the developer present. Any works not up to standard will be required to be remedied by the applicant prior to the release of the bond. Alternatively Council reserves the right to repair any defective works at the applicants cost, with the cost of repairs to be deducted from the bond.
16. 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.
17. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay an administration fee of $85.00 for administration of the consent.
18. 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.

• A separate application under Section 348 of the Local Government Act 1974 to legally create the right of way required by Condition 10 will need to be made to Council once the alignment of the right of way has been finalised.

• Any work undertaken in the road reserve will require a street opening permit and traffic management plan to be submitted for approval before work commences. Any enquiries regarding this procedure may be directed to the Technical Services Unit Administrative Officer (currently Janet Tee) at the Council Paeroa offices (Tel 07 862 8609).

• The water meter required by the relevant conditions of this consent are to be placed on the road frontage just inside the road reserve, within 0.5m of the property/road reserve boundary. All connections to Council water mains will be undertaken by the Hauraki District Council at the cost of the developer.

• The consent holder is to arrange with the District Engineer for regular site meetings to take place and to confirm the procedure for testing and inspections.

8. NOTICE UNDER SECTION 33A DOG CONTROL ACT (1996) MENACING DOG

An appeal has been lodged.

Attached is a detailed report from the Dog Control Officer and supporting documents.

A hearing has been scheduled for 1.00pm

RECOMMENDATION

THAT the report be received

AND THAT the Menacing Dog Classification be upheld.

9. LATE ITEMS

Procedure for Hearings