HAURAKI DISTRICT COUNCIL

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 10 MAY 2007 COMMENCING AT 9.00AM

L.D. Cavers

Chief Executive

HEARINGS FOR MEETING

9.10am	Fencing of Swimming Pool Waiver – Mrs S A Parsons 05091/084.01
9.20am	Fencing of Swimming Pool Waiver – Mr G Burton 05020/374.30
9.30am	Fencing of Swimming Pool Waiver – Mr A East 05020/107.00
9.40am	Fencing of Swimming Pool Waiver – Mr & Mrs G M Hamilton 05070/060.00
9.50am	Fencing of Swimming Pool Waiver – Ms B R Sutton-Bruce 05002/899.00
10.00am	Fencing of Swimming Pool Waiver – Mr N S Bisset 05020/538.00
10.10am	Fencing of Swimming Pool Waiver – Mrs J Frederiks 05020/313.03
10.20am	Fencing of Swimming Pool Waiver – Mr R Tilsley 05002/637.00
10.30am	Fencing of Swimming Pool Waiver – Mr D Johns 05051/121.00
10.40am	Fencing of Swimming Pool Waiver – Mr L Sharp 05050/061.00
10.50am	Fencing of Swimming Pool Waiver – Mr G McLean 05091/113.00
11.00am	Fencing of Swimming Pool Waiver – Mr D Parish 05030/536.02
11.10am	Fencing of Swimming Pool Waiver – Mr N McMillan 05003/677.00
11.20am	Fencing of Swimming Pool Waiver – Mr & Mrs L & S Gates 04760/130.00
11.30am	Fencing of Swimming Pool Waiver – Mr & Mrs R D Setters 05002/614.00
11.40am	Fencing of Swimming Pool Waiver – Mr & Mrs H F & V M Morrison 05003/166.00
11.50am	Fencing of Swimming Pool Waiver – Mr & Mrs A A & M E Power 05002/307.00
12.00	Fencing of Swimming Pool Waiver – Mr & Mrs Dalgety 04771/485.00

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 19 APRIL 2007 1-16

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Thursday 19 April 2007 be taken as read and confirmed.

4. MATTERS ARISING FROM THE MINUTES

5. APPLICATIONS FOR EXEMPTION UNDER SECTION 6 FENCING OF 17-141 SWIMMING POOLS ACT 1987

5.1 The applications listed above have been received seeking an exemption from the fencing of swimming pool requirements. All applications will be heard at the times allocated.

A detailed report from the Regulatory Services Manager for each application including applicant’s letter seeking exemption and supporting documents is attached.

RECOMMENDATION

THAT the request from:

Mrs S A Parsons, 21 Pukekauri Road, RD2, Waihi (24KB)

Mr G Burton, 18 Consols Street, Waihi (23KB)

Mr A East, 29 Parry Palm Ave, Waihi (24KB)

Mr & Mrs G M Hamilton, 104 Rangiora Road, Paeroa (24KB)

Ms B R Sutton-Bruce, 44 Thames Road, Paeroa (24KB)

Mr N S Bisset, 2 Union Street, Waihi (24KB)

Mrs J Frederiks, 20 Lawrence Road, Waihi (24KB)

Mr R Tilsley, 5 Neil Street, Paeroa (24KB)

Mr D Johns, 9766 SH2, Waihi (24KB)

Mr L Sharp, 4 Violet Street, Waihi (24KB)

Mr G McLean, 70 Mclean Road, RD2, Waihi (24KB)

Mr D Parish, 17 Riverbank Terrace, Waihi (24KB)

Mr N M McMillan, 5 Olga Street, Paeroa (24KB)

Mr & Mrs L & S Gates, 273a Pukahu Road, RD2, Paeroa (24KB)

Mr & Mrs R D Setters, 79 Station Road, Paeroa (24KB)

Mr & Mrs H F & V M Morrison, 11 Fairview Terrace, Paeroa (24KB)

Mr & Mrs A A & M E Power, 19 McDonald Place, Paeroa (24KB)

Mr & Mrs Dalgety, 7 Darling Street, Ngatea (24KB)

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 doors are fitted with a lock that, when properly operated, prevents the door from being opened by children under 6 years of age. 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. 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 access from the dwelling to the pool area be protected by an alarm complying with UL 2017 capable of detecting unauthorised access from the garage into the immediate pool area, and that when activated emits a sound of 85 decibels or more to be heard from the house.

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.

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.