There were no apologies.

There were no late items.

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)

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

A site visit of the property was undertaken at 10.15am.

The hearing reconvened at 10.45am.

Mr Peter Rogers, Surveyor, Waihi Beach Surveyors (on behalf of) was in attendance for the benefit of the hearing. The Applicants were not in attendance.

The Chairperson explained that at the adjourned hearing of 22 February 2007, it was requested that a site visit be undertaken before the Planner’s report was presented for consideration. As the site visit has been undertaken, the Planner was requested to present his report.

Mr Eccles advised the members of the main concerns he had to the application for subdivision.

The size of Lot 2 is the minimum for an infill lot and can only be achieved through infringement of the shape factor requirement. The shape factor does not allow for flexibility to retain the amenity and quality of a residential site. The topography of the parent site is unsuitable as the section is too narrow and is an inappropriate shape to meet the use for which it is required. The site requires substantial earthworks and retaining to allow a residential dwelling and suitable living courts to be constructed. Further retaining would be required to allow for access to the rear site. It was advised that there are no issues with regards to the provision of services to the site as all can be achieved.

Mr Eccles advised the Committee of the need to comply with District Plan requirements for infill subdivision. It must be recognized that the creation of infill lots inevitably reduces levels of urban amenity. The District Plan sets the acceptable levels of urban amenity reduction that infill subdivision can create through imposing the lot size rule and shape standards and the performance standards for building in the Residential Zone. Regulatory authorities must fully consider what community expectations are of amenity of their residential areas.

Access to Lots 1 and 2 is impractical due to the steepness of the natural ground level of the site. A member asked if access to the site could come directly off the road. Mr Eccles advised that due to the steepness of the bank and the distance from where the bank starts, this would mean the bank would have to come back further into the site to allow for a driveway to be constructed therefore causing a reduction in the usable area on the site.

Retaining would need to be set out from the boundary with the property to the west of the site. Due to the steepness and the small area at the front of the site, there were limited sight distances onto Whiritoa Beach Road. The frontage of the site adjoining the road reserve would require further earthworks to construct an accessway to the standards required by Council’s engineering department. Excavations to construct this, would also affect the neighbouring property to the west.

It was considered that the site has very restricted use due to its poor shape and steepness therefore limiting the use for outdoor living.

Mr Eccles concluded that the site, given its particular circumstances, is not suitable for infill subdivision. Granting consent to the subdivision will create the opportunity for a dwelling and site development that will not encourage residential amenity. The proposal is therefore contrary to the objectives and policies of the District Plan and should be declined.

Mr Rogers responded to the Planner’s report. He referred to the photographs included in his report to the Hearing on 22 February 2007, showing a number of houses constructed on, what Mr Rogers considered, were similar sites to the subject site. He stated that there are a number of engineering design options for retaining walls on a site that would make it suitable for the construction of a house and access way. He suggested the option of using a design such as a ‘subterranean’ style garage (a double depth garage with dwelling on top) with the driveway entering the garage directly off the road. This would conserve land area, increasing the living court area and would eliminate the need for a shared access with Lot 1.

A member asked Mr Rogers if he considered the bank on the road reserve to the front of the site was unstable. Mr Rogers responded that an engineer would need to be engaged to determine the stability of the soil, stating he was agreeable that an investigation be undertaken by an engineer to determine the stability of the bank.

Members raised concerns that other areas of the site showed concerns of instability referring to the eastern side of the site where it has been proposed that the native trees on the boundary be removed. The members asked Mr Rogers if he considered their removal would cause further instability to this area of the site. Mr Rogers responded that he could see no issue to the stability of the soil if the trees were removed in such a way that caused minimal disturbance to the soil.

In conclusion, Mr Rogers agreed that the shape of the site is ‘awkward’ but considered that there was a number of engineering options available to make the site suitable for the development proposed.

The hearing closed at 11.25am.

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

After considering all of the evidence the Committee:

RESOLVED

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 acceses 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.

HC07/07 Gordon/Bubb CARRIED

At the conclusion of the meeting, the Deputy Chairperson advised that the Chairperson was now in attendance to receive and confirm the Delegated Matters from the period of 1^st December 2006 and minutes of the meeting held on Thursday, 14 December 2006.

Reports of the matters dealt with by way of delegation from the period 1^st December 2006 are submitted separately for the Committee’s information.

RESOLVED

THAT the reports of delegated matters be received.

HC07/08 Carmine/Gordon CARRIED

RESOLVED

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

HC07/09 Carmine/Gordon CARRIED

MEETING HELD THURSDAY 22 FEBRUARY 2007

RESOLVED

THAT the minutes of the meeting of the Hearings Committee held on Thursday 22 February 2007 be taken as read and confirmed.

HC07/10 Bubb/Gordon CARRIED

The meeting closed at 11.50am.

CONFIRMED

B A Gordon

April 2007