HAURAKI DISTRICT COUNCIL

HEARINGS COMMITTEE

MINUTES OF A MEETING OF THE HEARINGS COMMITTEE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON THURSDAY 13 DECEMBER 2007 COMMENCING AT 9.00 AM

PRESENT

Crs D M Carmine (Chairperson) and J M Bubb

   

IN ATTENDANCE

Miss M van Steenbergen (District Planner), Mr G East (Monitoring Officer), Mr A De Laborde (Technical Services Manager),

Mr P Lynch (Environmental Health Officer) and Ms C Black (Council Secretary)

APOLOGIES

RESOLVED

THAT the apology of Crs G R Leonard and B A Gordon be received and sustained.

HC07/115 Bubb/Carmine CARRIED

LATE ITEMS

Pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the Chairperson called for late items to be accepted.

RESOLVED

THAT pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the following late items be accepted for discussion.

- J & B Thomas – Proposed Subdivision, Waitete/Orchard Road, Waihi

The item was not on the agenda because the item was unavailable at the agenda deadline.

Discussion on the item could not be delayed because the item required a decision on the item before the next hearings meeting date.

HC07/116 Carmine/Bubb CARRIED

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

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

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 was available.

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

Staff Report

Mr and Mrs Jordan have a Swimming pool on their property at 35 Pipiroa Road, Ngatea, which is presently full of water. The pool area has a pool fence that complies with the Fencing of Swimming Pools Act, but there is direct access via French doors and windows from the dwelling into the pool area. Council staff carried out an inspection of the property on the 8th October 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 dwelling. An application has been received from Mr and Mrs Jordan seeking a waiver from the fencing requirements where the French door and windows from the dwelling open into the pool area. Photographs of the pool area were attached.

The door that opens directly into the pool area from the dwelling has a securing 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 securing device is capable of being locked.

The windows have inhibitors fitted that allow the windows to open only 100mm being the NZS 8500:2006 standard for this given situation, nevertheless this needs to be specifically approved by Council under section 6 of the Act. Please find attached a copy of the relevant standard from NZS 8500:2006.

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

The hearing closed at 9.20am.

DECISION

Mr & Mrs A Jordan, 35 Pipiroa Road, Ngatea - (04771/121.00)

After considering all the evidence the Committee:

RESOLVED

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.

HC07/117 Carmine/Bubb CARRIED

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

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 was available.

A hearing was scheduled for 9.20am. The hearing commenced at 9.20am.

Staff Report

Mr Stanfield has a Swimming pool on his property at 639 State Highway 25, Waitakaruru, R D 6, Thames, which is presently full of water. The pool area has a pool fence that complies with the Fencing of Swimming Pools Act, but there is direct access via a rear door and windows from the dwelling into the pool area. Council staff carried out an inspection of the property on the 8th October 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 dwelling. An application has been received from Mr Stanfield seeking a waiver from the fencing requirements where the rear door and windows from the dwelling open into the pool area. Photographs will be presented at the hearing.

The door that opens directly into the pool area from the dwelling has a securing 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 securing device is capable of being locked.

The windows have inhibitors fitted that allow the windows to open only 100mm being the NZS 8500:2006 standard for this given situation. Please find attached a copy of the relevant standard from NZS 8500:2006.

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

The hearing closed at 9.25am.

DECISION

Mr H M Stanfield, 639 State Highway 25, Waitakaruru, RD6, Thames - (04680/085.00)

After considering all the evidence the Committee:

RESOLVED

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:

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.

HC07/118 Bubb/Carmine CARRIED

 

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

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 was available.

A hearing was scheduled for 9.25am. The hearing commenced at 9.25am.

The applicant seeks an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987. The alternative is the erection of a compliant swimming pool fence. In the interim, until a decision is made, the spa pool is to remain empty of water.

The spa has a hard cover that is lockable. Attached was a copy of the manufacturer’s specifications. The Spa Pool is compliant with the NZS 8500: 2006 Standard 3.10.

Council has granted an exemption for similar spa pool covers on other properties within the Hauraki District.

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

The hearing closed at 9.30am.

DECISION

R Caddy, 618 Awaiti Canal Road, Paeroa - (04750/270.00)

After considering all the evidence the Committee:

RESOLVED

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.

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

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

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

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

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.

HC07/119 Bubb/Carmine CARRIED

 

KEEPING OF PIG IN OTHER THAN RURAL/RURAL RESIDENTIAL ZONE – MR & MRS A GEE, 23A MORESBY AVE, WAIHI (05020/290.12) Doc No. (373345)(24KB)

An application has been received from Mr & Mrs Gee of 23A Moresby Avenue seeking consent to keep a pig in the residential zone.

A hearing was scheduled for 9.45am. The hearing commenced at 9.45am.

Mr and Mrs Gee (Applicants) were in attendance for the benefit of the hearing.

Applicant

Mr and Mrs Gee presented a statement of evidence in support of their application to keep a pig in the residential zone.

The applicants advised that a complaint has been registered by the neighbour who is concerned that the pig will create a health issue by attracting flies.

The pig is a pet who is well housed in clean and dry conditions and does not wallow in mud. Excrement is removed and buried everyday.

Staff Report

Mr & Mrs Gee have applied for consent to keep a Kunekune pig at their property at 23A Moresby Avenue, Waihi. Staff was alerted to the keeping of this pig by a complaint received from the property owner at 25A Moresby Avenue, Waihi. The complainant had tried to advise Mrs Gee that pigs were not permitted in an urban area. The complainants’ concern is the potential for flies and other nuisance associated with pigs.

Mr Lynch advised that he had spoken with the other neighbours at number 23Moresby Avenues and they were supportive of the Gee’s having a Kunekune pig. (Copy of letter attached).

The attached photos showed the current habitats of the pig. The Gee’s property is only 521 sq metres which permits only a limited exercise area. The animal is fed pellets so there is not the usual scraps and pig tin mess associated with pig keeping. In terms of 5.3.4 of the By-Law it is not a nuisance nor is it likely to be one.

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

The hearing closed at 10.15am.

DECISION

MR & MRS A GEE, 23A MORESBY AVE, WAIHI (05020/290.12)

After considering all the evidence the Committee:

RESOLVED

THAT Council grant consent, subject to a review being undertaken annually to ensure that there are no environmental health or nuisance issues apparent.

HC07/120 Carmine/Bubb CARRIED

 

LATE ITEM

J & B THOMAS – PROPOSED SUBDIVISION, WAITETE/ORCHARD ROAD, WAIHI

Ms van Steenbergen tabled a report advising the Committee that staff are currently processing an application from J and B Thomas to subdivide Lot 3 DPS 54417, Waihi.

As a result of the subdivision of Orchard Road, the Orchard and Waitete Road intersection will need to be upgraded to avoid and mitigate effects of the subdivision.

Guidance was sought from the Committee on how the District Plan requirements in relation to the financial contribution should be implemented in this case.

Taking the provision and rules as a whole and given that this subdivision will "urbanise" a "rural" area, it is proposed that a condition be imposed that the developers pay the full cost of upgrading Orchard Road and a share of upgrading the intersection of Waitete Road and Orchard Road. The upgrade requires kerb and channel, footpath and seal widening on one side of the road. Street lighting is also to be paid by the developer.

It was advised that the total cost of the upgrade is $67,000. Mr De Laborde considered that from an engineering point of view the subdividers should only be charged a percentage of the cost as he believed that there is a possibility in future that Waitete Road may be extended (formed) in which case other property owners/developers would benefit.

Mr de Laborde’s opinion was that the Council rezoned the area so it is its responsibility to meet the roading costs.

Ms van Steenbergen recommended that the developer pay the total cost of the kerb and channel and footpath on the northern side of Orchard Road along the frontage of the subdivision at a total cost of $33,000. Works on the southern side to be paid for by Council or future subdividers on that side.

In relation to the intersection, a contribution is recommended allowing minor safety works to be carried out, given that the need for these would be more urgent, though not caused by the subdivision.

Ms van Steenbergen advised payment of the financial contributions would need to be made before the 224 (completion) Certificate for the subdivision can be signed.

RESOLVED

THAT the developer be required to pay the full cost of upgrading the northern side of Orchard Road along the frontage of their subdivision at a cost of $33,000, plus a contribution of $5,000.00 towards the upgrade of the intersection.

HC07/121 Carmine/Bubb CARRIED

 

The meeting closed 10.40am.

 

CONFIRMED

 

 

D M Carmine

Chairperson