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 21 JUNE 2007 COMMENCING AT 9.00AM

L.D. Cavers

Chief Executive

HEARINGS FOR MEETING

9.15am

Non-notified Subdivision Application – P & T Madsen

10.30am

Non-notified Subdivision Application – I & B Buckley

11.15am

Variation to Non-notified Subdivision Consent – K Brinkman

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. CONFIRMATION OF MINUTES

3.1 MEETING HELD THURSDAY 7 JUNE 2007 1-2

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Thursday 7 June 2007 be taken as read and confirmed.

4. NON-NOTIFIED RESOURCE CONSENT APPLICATIONS

4.1 SUBDIVISION APPLICATION TO CREATE TWO LOTS IN THE RURAL ZONE P & T MADSEN, 609 GOLDEN VALLEY ROAD, WAIHI (82.660.400)  (123KB) 3-31

The applicants propose to subdivide the site into two lots.

A detailed report is attached.

A hearing has been scheduled for 9.15am.

RECOMMENDATION

THAT the report be received

AND 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 subdivide Lot 1 DP 35823 located at 609 Golden Valley Road, Waihi into two lots, for the following reasons:

  • The proposed subdivision is contrary to the relevant objectives and policies of the Hauraki District Plan that seek to avoid fragmentation of higher quality land with a corresponding reduction in productive potential. When viewed in isolation the effects of the proposed subdivision could be viewed as minor, however when viewed in a wider context the subdivision will contribute to a cumulative reduction in the rural character and amenity of the District as a whole. The proposed subdivision will create lots of an appropriate size for lifestyle living within a zone not intended to be developed for rural-residential purposes.

  • Consent to the proposed subdivision will adversely affect the integrity of the Hauraki District Plan and public confidence in the consistent administration of the District Plan. While each application must be considered on its own merits, Council if adopting a consistent approach to administration of the District Plan would find it difficult to decline consent for subdivisions of other titles of a similar size if consent were granted to this application.

  • There is the potential for more than minor adverse effects to be created on the safety and efficiency of Golden Valley Road through the construction and use of an additional vehicle access, given the inadequate sight distances at all points along the frontage of Lot 1 DPS 35823.

4.2 SUBDIVISION APPLICATION TO CREATE THREE LIFESTYLE LOTS I AND B BUCKLEY, 39 KENT CRESCENT, WAIHI (82.677.515) (88KB) 32-59

The applicants propose to subdivide the 20.5ha parent lot at 39 Kent Crescent, Waihi into three lots.

A detailed report is attached.

A hearing has been scheduled for 10.30am.

RECOMMENDATION

THAT the report be received

AND 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 subdivide Lot 1 DP 349828, located at 39 Kent Crescent, Waihi into three lots, for the following reasons:

4.3 APPLICATION TO CANCEL CONDITIONS OF RESOURCE CONSENT K F BRINKMAN, 28 PRINCES STREET WAIHI (82.716.227) (45KB) 60-72

The applicant has applied for the cancellation of both condition 6 and 9 of resource consent to subdivide Section 386 Town of Waihi, located at 38 Princes Street, Waihi into two lots.

A detailed report is attached.

A hearing has been scheduled for 11.15am.

RECOMMENDATION

THAT the report be received

AND THAT pursuant to Section 127 of the Resource Management Act the Council:

  1. Grants consent to the cancellation of condition 7 of the subdivision of Section 386 Town of Waihi located at 38 Princes Street in Waihi.
  2. Declines consent to the cancellation of condition 9 of the subdivision of Section 386 Town of Waihi located at 38 Princes Street in Waihi, and that the condition shall remain unaltered.

The new conditions of the consent will read as follows:

That pursuant to Section 104A of the Resource Management Act 1991 the Hauraki District Council grant consent to this controlled activity application to subdivide Section 386 Town of Waihi, located at 38 Princes Street, Waihi into two lots, on the grounds that:

  • The proposed subdivision has no additional adverse effects on the environment that are more than minor;
  • The proposal is consistent with the intensity, form and character of the surrounding residential activities in the area.

Subject to the following conditions:

    1. The subdivision and development shall be carried out generally in accordance with the Peter Rogers Surveyors Ltd Scheme Plan ref. 1641 dated May 2005.
    2. That a Community Recreation Facilities Contribution of $1,842.94 plus GST be paid to Council for the creation of one additional lot (Waihi Ward).
    3. The subdivider shall provide each lot with separate telephone connections, or written confirmation from the appropriate supply authority that these are existing, or are available at the standard connection fee.
    4. That the subdivider shall provide each lot with separate power connections.
    5. That the subdivider shall provide each lot with a separate metered water connection in accordance with NZS 4404:2004.
    6. That the subdivider shall provide each lot with separate sewer connections in accordance with NZS 4404:2004 and performance standard 9.3.7 of the HDC District Plan.
    7. That the subdivider shall construct a Class F (Standard Residential Vehicle Entrance) as specified in section 9.3.3.3 of the HDC District Plan at the location of the accessway to serve Lot 1 shown on the submitted plan.
    8. That the eave on the southern corner of the dwelling on Lot 2 be removed as per plans from Waihi Beach Architectural Services dated August 2005 including the relocation of the downpipe and construction of soakpits in accordance with the report by Peter Rogers Surveyors Ltd, dated 18 May 2005.
    9. That pursuant to section 221 of the Resource Management Act 1991 a consent notice shall be placed on the title of Lot 1 stating that the stormwater disposal for Lot 1 shall be in accordance with the report by Peter Rogers Surveyors Ltd dated 18 May 2005.
    10. That engineering plans and specifications (including back up calculations) covering all engineering works shall be submitted to the Manger of Planning and Environmental Services for consideration and approval prior to the commencement of any work.
    11. 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.
    12. 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.
    13. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay an administration fee of $75.00 for administration of the consent.
    14. 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.

Advice Notes:

  • Under the Hauraki District Roads and Traffic Bylaw 1992, the existing vehicle crossing serving lot 2 is to be upgraded to a Class F as specified in Section 9.3.3.3 of the District Plan.

  • A Building Consent will be required for the removal of the dwelling eave.

REASONS:

  1. It has been adequately demonstrated through physical survey that there is sufficient space at the front of the house for an adequate outdoor living court to be achieved. There is thus no need for the woodshed at the rear of the dwelling to be removed.
  2. It has not been adequately demonstrated that a range of heavy vehicles will be able to traverse the driveway without the offending portion of eave creating an obstruction to heavy vehicle movements.

5. LATE ITEMS