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 13 DECEMBER 2007 COMMENCING AT 9.00 AM

L.D. Cavers

Chief Executive

HEARINGS FOR MEETING

9.15am

Fencing of Swimming Pool Waiver – Jordan (04771/121.00)

9.20am

Fencing of Swimming Pool Waiver – Stanfield (04680/085.00)

9.25am

Fencing of Swimming Pool Waiver – Caddy (04750/270.00)

9.45am

Keeping of Pig in other than Rural/Rural Residential Zone – Gee

10.15am

Objection to Condition of Subdivision Consent - Insight Group

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. APPLICATIONS FOR EXEMPTION UNDER SECTION 6 FENCING OF SWIMMING POOLS ACT 1987

3.1 Mr & Mrs A Jordan, 35 Pipiroa Road, Ngatea - (04771/121.00)(24KB) 1-5

The applicants are seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for their swimming pool.

A detailed report from the Monitoring Officer including supporting documents is attached.

A hearing is scheduled for 9.15am.

RECOMMENDATION

THAT the request from Mr and Mrs Jordan 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 door is fitted with a lock that, when properly operated, prevents the door from being opened by children under 6 years of age. In addition, Mr and Mrs Jordan seek from the Committee a waiver to allow them to fit inhibitors to the window that allows direct access to the immediate pool area, under section 6 of the Act. 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 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.

That 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.

That the door with access from the dwelling into the pool area is 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.

3.2 Mr H M Stanfield, 639 State Highway 25, Waitakaruru, RD6, Thames - (04680/085.00)(26KB) 6-13

 The applicants are seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for their swimming pool.

A detailed report from the Monitoring Officer including supporting documents is attached.

A hearing is scheduled for 9.20am.

RECOMMENDATION

THAT the request from Mr Stanfield 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 door is fitted with a lock that, when properly operated, prevents the door from being opened by children under 6 years of age. In addition, Mr and Mrs Jordan seek from the Committee a waiver to allow them to fit inhibitors to the window that allows direct access to the immediate pool area, under section 6 of the Act. 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 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.

    2.

  2. That 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.

    3.

  3. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.

    4.

  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.

    6.

3.3 R Caddy, 618 Awaiti Canal Road, Paeroa - (04750/270.00)(23KB) 14-18

The applicants are seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for their spa pool.

A detailed report from the Monitoring Officer including supporting documents is attached.

A hearing is scheduled for 9.25am.

RECOMMENDATION

That the application from R Caddy for a special exemption from the requirements of the Fencing of Swimming Pools Act 1987 for a lockable cover to be fitted and used in strict accordance with the conditions in place, be granted, subject to the following conditions.

  1. That a lockable cover be fitted and used in strict accordance with the specifications as stated in the NZS8500:2006.

    2.

  2. That the cover is locked in place when the Spa Pool is not under adult supervision or when the property is vacant.

  3. That the lockable cover is maintained to a standard acceptable under the NZS8500:2006

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

    5.

Granting the application for exemption will not significantly increase the danger to young children on the basis that the conditions of the waiver are met at all times.

4. KEEPING OF PIG IN OTHER THAN RURAL/RURAL RESIDENTIAL ZONE – MR & MRS A GEE, 23A MORESBY AVE, WAIHI (05020/290.12) Doc No. (373345) (28KB)19-30

4.1 Attached is a report and supporting documents from the Environmental Health Officer regarding an application received from Mr & Mrs Gee of 23A Moresby Avenue seeking consent to keep a pig in the residential zone.

A hearing is scheduled for 9.45am.

RECOMMENDATION

THAT Council grant consent for a trial period of 12 months till 30 November 2008.

5. NON-NOTIFIED RESOURCE CONSENT APPLICATIONS

5.1 OBJECTION TO CONSENT CONDITION: INSIGHT GROUP LIMITED AT 62 PIPIROA ROAD, NGATEA.

The Consent holder has lodged an objection to the condition which requires payment of half the costs of piping the open drain along the eastern boundary of the subdivision at 62 Pipiroa Road, Ngatea.

The objection may be withdrawn as a result of information provided to the consent holder. Should a hearing be required, a report will be circulated prior to or tabled at the meeting.

6. LATE ITEMS

 

PROCEDURE FOR HEARINGS

1. Chairman

The Chairman will declare the hearing open and advise on the procedure to be followed.

2. Council Secretary

The Council Secretary will read the application and determine:

If the applicant is in attendance, or represented;

If there are any witnesses in support.

If there are any submissioners in attendance;

If there are any witnesses in support.

3. Applicant

The applicant will present the application and call any witnesses in support, and answer any questions from the Councillors.

4. Submissions to be Heard

The submissioners may present their submissions, calling any witnesses in support and answering any questions from the Councillors.

5. Planning Officer

The Planning Officer will present a report and answer any questions from the Councillors.

6. Right of Reply

The applicant now has the right of reply.

7. Close of Hearing

The Chairman will close the hearing and advise that Council’s decision is reserved until it has considered the evidence presented and all relevant matters.