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 22 FEBRUARY 2007 COMMENCING AT 9.00AM

L.D. Cavers

Chief Executive

HEARINGS FOR MEETING

9.15am

Objection to Condition of Non-Notified Subdivision Consent – Griffiths

10.30am

Subdivision Application to Create two Infill Residential Lots in the Residential Zone – D & P Page

11.30am

Menacing Dog Classification – M Workman

12.15pm

Barking Dog Classification – L Wicki

 

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 January 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 14 DECEMBER 2006 1-12

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Thursday 14 December 2006 be taken as read and confirmed.

5. MATTERS ARISING FROM THE MINUTES

6. OBJECTION TO CONDITIONS

6.1 OBJECTION TO CONDITION OF SUBDIVISION CONSENT – P GRIFFITHS, 22 WAITETE ROAD, WAIHI (82.768.431) (33KB)   13-19

On 7th November 2006, consent was granted under delegated authority to an application by the consent holder to subdivide Lot 1 DP 360185 located at 22 Waitete Road, Waihi into two residential lots. The subdivision consent was granted subject to a range of conditions. The applicant has objected to the quantum of the financial contribution required by condition 3 of the subdivision consent.

A detailed report is attached.

A hearing has been scheduled for 9.15am.

RECOMMENDATION

It is recommended that the objection to Condition 3 be dismissed and the condition be retained unaltered.

Reasons:

a) The conditions were imposed in accordance with Rule 10.2.7.3(b) of the Hauraki District Plan that authorises the gathering of financial contributions for the upgrading of existing roads and streets in the Urban Zones of the District. There are no unusual or unique circumstances associated with the subdivision that warrant an exemption from the standard method of calculating the financial contribution.

b) The applicant has not provided sufficient information in the objection to demonstrate that the portion of Waitete Road between Orchard Road and Toomey Street will not experience an increase in traffic as a result of the subdivision, nor that the interpretation of the rule should change from the current one. Because of this, if Council was to be consistent with its decision making, upholding the objection would introduce uncertainty into the interpretation of the rule and thus create the potential for inconsistent administration of the District Plan.

7. NON-NOTIFIED RESOURCE CONSENT APPLICATIONS

7.1 APPLICATION FOR SUBDIVISION CONSENT TO CREATE TWO INFILL RESIDENTIAL LOTS IN THE RESIDENTIAL ZONE – D & P PAGE, 39 WHIRITOA BEACH ROAD, WHIRITOA (82.774.378) (87KB)                  20-52

The applicant proposes to subdivide the site to create one additional infill residential lot from the site at 39 Whiritoa Beach Road, Whiritoa.

A detailed report is attached.

A hearing has been scheduled for 10.30am.

RECOMMENDATION

THAT pursuant to Section 104B of the Resource Management Act 1991 the Hauraki District Council decline consent to this non-notified discretionary activity application to create two infill residential lots on Lot 9 DPS 13577, 39 Whiritoa Beach Road, Whiritoa, for the following reasons:

The proposed subdivision will create a reduction in residential amenity that is not anticipated and allowed for by the District Plan and as a result is inconsistent with the relevant objectives and policies of the Residential Zone that promote the recognition and enhancement of residential amenity in both Whiritoa and the residential zones of the wider district. Approval of the subdivision will thus undermine the relevant policy provisions of the District Plan as they relate to urban infill subdivision.

Formation of the access leg to Lot 1 to an adequate grade to comply with NZS 4404 will require earthworks and retaining to be undertaken within the 3.5m wide access leg. The applicant has not demonstrated that the required works can be carried out within the 3.5 metres available and still maintain an adequate access to Lot 1 without further reducing the area of Lot 2. The area of Lot 2 is already at the absolute minimum for infill subdivision. Likewise there will need to be significant earthworks undertaken to allow access to Lot 2 to be formed with complying breakover angles, access gradient and site distances to the east. This will serve to further reduce the usable area of the already underdimension lot. The works that will be necessary to form the access to the lots to complying standards will contribute cumulatively to an unacceptable reduction in urban amenity created by the subdivision.

The District Plan is required to control the adverse effects of land use and cannot take account of the nature of property ownership nor the frequency of occupation of a site. The fact that the sites to be created by the subdivision may or may not be permanently occupied is not a reason to permit a reduction in amenity values as will be produced by the subdivision.

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

8.1 OBJECTION TO MENACING DOG CLASSIFICATION –M WORKMAN, 51 GLADSTONE ROAD, WAIHI (63.100.027)  (29KB)  53-64

On 15 January 2007 a notice under Section 33(A) of the Dog Control Act (1996) Menacing Dog was served on Ms Melissa Workman on the basis of sworn evidence received on 14 January 2007 attesting to the aggressive behaviour of her dog "Belle", a female American Bulldog.

A detailed report is attached.

A hearing has been scheduled for 11.30am.

RECOMMENDATION

THAT the report be received

AND THAT the classification be upheld.

9. NOTICE UNDER SECTION (55) DOG CONTROL ACT (1996) BARKING DOG AND SECTION (56) DOG IMPOUNDING

9.1 OBJECTION TO BARKING DOG CLASSIFICATION AND DOG IMPOUNDING – L WIKI, 9 DOBSON STREET, WAIHI (63.100.027) (26KB)  65-71

Council has received a total of four complaints from different complainants, concerning dogs (2) barking persistently at the property, 9 Dobson Street Waihi.

On 13 February 2007, as a result of a complaint regarding barking from 10.00am until 2.00pm the dog was uplifted and impounded under Section 56 of the Dog Control Act 1996.

A detailed report is attached.

A hearing has been scheduled for 12.15pm.

RECOMMENDATION

THAT the report be received

AND THAT the matter be heard.

10. LATE ITEMS

Procedures for Hearings