HAURAKI DISTRICT COUNCIL

COMMISSIONERS HEARING

NOTICE IS HEREBY GIVEN THAT A COMMISSIONERS HEARING WILL BE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON THURSDAY 8 NOVEMBER 2007 COMMENCING AT 9.00 AM

L.D. Cavers

Chief Executive

HEARINGS FOR MEETING

9.20am

Waiver Application Fencing Swimming Pools Act 1987 - Roebuck (04771/569.00)

9.30am

Waiver Application Fencing Swimming Pools Act 1987 - Leslie (04750/027.00)

9.40am

Waiver Application Fencing Swimming Pools Act 1987 - W Harris (04710/076.02)

9.50am

Waiver Application Fencing Swimming Pools Act 1987 - A Ohara (04730/154.00)

10.15am

Objection to Section 71 of Dog Control Act 1996 - P Pakinga

10.45am

Variation and Cancellation of Conditions of Consent : B & B Pacific Trustees

ORDER OF BUSINESS

  1. APOLOGIES

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

2.1 E Roebuck, 15a Parfitt Place, Ngatea (04771/569.00) (24KB) 1-9

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 is attached.

A hearing is scheduled for 9.15am.

RECOMMENDATION

THAT the request from Mrs Roebuck 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. In addition, Mrs Roebuck seeks from the Committee a waiver to allow her to fit inhibitors to the windows that give 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:
  1. 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.

  2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.

  3. That the access from the garage 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.

  4. That the decision of Council be entered on the title of the land for the information of a future owner.

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

2.2 Mr & Mrs J & M Leslie, 8 Matai Street, Kerepehi (04750/027.00) (24KB) 10-14

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 is attached.

A hearing is scheduled for 9.30am.

RECOMMENDATION

That the request from Mr and Mrs Leslie 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 Leslie seek from the Committee a waiver to allow them to fit inhibitors to the window that gives 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:
  1. 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.

  2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.

  3. That the access from the garage 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.

  4. That the decision of Council be entered on the title of the land for the information of a future owner.

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

2.3 W Harris, 4 Te Angi Stret, Turua (04710/076.02) (22KB) 15-25

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 is attached.

A hearing is scheduled for 9.40am.

RECOMMENDATION

THAT the application from W Harris 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 plans, specifications and letter submitted with the application, be granted, subject to the following conditions.
  1. That a lockable cover be fitted and used in strict accordance with the plans, specifications as stated in the NZS8500:2006 and letter submitted with the application

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

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

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

  5. That the Spa pool is mounted on a platform that allows the Spa pool to meet the 760mm NZS 8500:2006 standard for height.

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.

2.4 A Ohara, 490 Kaihere Road, Ngatea (04730/154.00) (21KB) 26-30

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 is attached.

A hearing is scheduled for 9.50am.

RECOMMENDATION

THAT the application from A Ohara 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.
  1. That a lockable cover be fitted and used in strict accordance with the specifications as stated in the NZS8500:2006.

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

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

  4. 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.

  1. NOTICE UNDER SECTION 71 DOG CONTROL ACT (1996)

    2. 3.1 OBJECTION TO SECTION 71 OF DOG CONTROL ACT (1996) : P PAKINGA, 297 FERRY ROAD, KEREPEHI (63.100.023) (27KB) 31-49

    An appeal has been lodged.

    A detailed report from the Dog Control Officer and supporting documents is attached.

    A hearing is scheduled for 10.15am.

RECOMMENDATION

THAT the report be received

AND THAT this matter be prosecuted in the District Court with a view that the dog be forfeited and the owner, Preston Pakinga, be prevented from owning dogs in the future (disqualified owner) or the dog owner be given the opportunity to surrender the dog for destruction – this must be done in writing by Preston Pakinga, the owner of Dollars the offending dog.

 
  1. VARIATION AND CANCELLATION OF CONDITIONS OF CONSENT

4.1 B & B PACIFIC TRUSTEES (82.688.434) (91KB) 50-67

On 28 March 2007 consent was granted under delegated authority to an application by B and B Pacific Trustees Ltd to subdivide Lot 4 DPS 72869, Section 309 Block XV Ohinemuri Survey District, and Lot 2 DPS 30015 located off Maddocks Street, Roberts Street and Bradford Street in Waihi into 45 greenfield residential lots with associated roads to vest and right-of-way lots. The applicants have requested a change to conditions 12, 14, 17, 20, 23 and 36 of this consent.

RECOMMENDATION

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

(i) declines the cancellation of condition 12 of Stage 2 and Condition 5 (Subsequent Stages) of the subdivision of Lot 4 DPS 72869, Section 309 Block XV Ohinemuri Survey District, and Lot 2 DPS 30015 located off Maddocks Street, Roberts Street and Bradford Street in Waihi

(ii) upholds the variation to condition 14 (Stage 2) and Condition 7 (Subsequent Stages) of the subdivision of Lot 4 DPS 72869, Section 309 Block XV Ohinemuri Survey District, and Lot 2 DPS 30015 located off Maddocks Street, Roberts Street and Bradford Street in Waihi

(iii) upholds the variation to condition 17 (Stage 2) of the subdivision of Lot 4 DPS 72869, Section 309 Block XV Ohinemuri Survey District, and Lot 2 DPS 30015 located off Maddocks Street, Roberts Street and Bradford Street in Waihi

(iv) upholds the variation to condition 20 (Stage 2) of the subdivision of Lot 4 DPS 72869, Section 309 Block XV Ohinemuri Survey District, and Lot 2 DPS 30015 located off Maddocks Street, Roberts Street and Bradford Street in Waihi

(v) upholds the variation to condition 23 (Stage 2) of the subdivision of Lot 4 DPS 72869, Section 309 Block XV Ohinemuri Survey District, and Lot 2 DPS 30015 located off Maddocks Street, Roberts Street and Bradford Street in Waihi

(vi) upholds the variation to condition 36 (Stage 2) of the subdivision of Lot 4 DPS 72869, Section 309 Block XV Ohinemuri Survey District, and Lot 2 DPS 30015 located off Maddocks Street, Roberts Street and Bradford Street in Waihi

The new conditions of the consent will read as follows:

DECISION:

That pursuant to Section 94 and 104B of the Resource Management Act 1991 the Hauraki District Council grant consent to this non-notified, discretionary activity application to subdivide Lot 4 DPS 72869, Section 309 Block XV Ohinemuri Survey District, and Lot 2 DPS 30015 located off Maddocks Street, Roberts Street and Bradford Street in Waihi into 45 greenfield residential lots ranging in size from 560m2 to 758m2, associated roads and rights of way, for the following reasons:

Subject to the following conditions:

Stage 1 – Lots 42 to 45

1. The subdivision (Lots 42-45 and one Balance Lot) shall be carried out generally in accordance with the Connell Wagner Scheme Plan ref. 22203-001, drawing Number S01, Revision 04 dated 21/09/06 (received 15/12/06).

2. That Lots 42-45 of the subdivision shall be reticulated for water. Each Lot shall be provided with a separate metered connection at the road frontage in accordance with NZS 4404:2004 and Performance Standard 9.3.9 of the Hauraki District Plan.

3. That Lots 42-45 of the subdivision shall be reticulated for sewage disposal in accordance with the requirements of NZS 4404:2004 and Performance Standard 9.3.7 of the Hauraki District Plan. Each Lot shall be provided with a connection in the body of the lot.

5. That Lots 42-45 of the subdivision shall be reticulated with a piped stormwater disposal system, in accordance with the requirements of NZS 4404:2004 and Performance Standard 9.3.10 of the Hauraki District Plan to the satisfaction of the District Engineer.

6. That pursuant to Section 221 of the Resource Management Act 1991 a consent notice be registered against the certificate of title for Lots 42 to 45 stating that a building consent shall not be issued for any building on those lots until the lots have been connected to stormwater reticulation with an approved disposal outlet.

7. That Lots 42-45 of the subdivision shall be reticulated for power and telephone in accordance with NZS 4404:2004 and as required by the Network Utility operators for each utility service.

8. That all earthworks for Stage 1 are to be undertaken and certified in accordance with the Waikato Regional Council Consent no.115661

9. That a Community Recreation Facilities Contribution of $7,371.76 plus GST shall be paid to Council for the creation of 4 additional residential lots (Waihi Ward).

10. That the consent holder shall pay $6,860.00 as a capital contribution toward the cost of improving Bradford Street, in accordance with Rule 10.2.7.3.B(b) of the District Plan as set out below:

BRADFORD STREET

New Lots

4

          

AP

28

  

$54.00

$81.20

    

Location

VPD (Pv)

L

K&C

P/WAY

Combined (Ic)

Contribution

0 - 216

320

216

$11,664.00

  

$11,664.00

$938.48

216 - 440

300

224

$12,096.00

$18,188.80

$30,284.80

$2,585.29

440 - 900

250

245

$13,230.00

$19,894.00

$33,124.00

$3,336.23
         

TOTAL

$6,860.00

K & C $54

P/Way $58/1.4m width = $81.20/m

Urbanisation Contribution

11. That pursuant to Section 221 of the Resource Management Act 1991 a consent notice be registered against the certificate of title for the balance lot, stating that prior to the balance lot being transferred from the ownership of the initial consent holder, or prior to the erection of a building on the balance lot (whichever occurs first), the lot shall be provided with power, telephone, water, sewer and stormwater connections.

12. That the land subject to the subdivision be investigated by a Chartered Professional Engineer experienced in geotechnical investigations and be certified as suitable for building construction in accordance with NZS 4404:2004 Schedule 2A and NZS 4431:1989. The certification shall demonstrate that the compressive strength of the soils meets or exceeds the requirements for building as per NZS 3604.

13. That, if the existing 11kv line is re-routed through Stage 1, an easement (of a maximum width of 2 metres) be created over the line in favour of the network utility operator. Note: Line shall be laid in the side yard requirement.

14. That engineering drawings and specifications covering all engineering works shall be submitted to the District Engineer for consideration and approval prior to the commencement of any work.

15. That copies of "as built" plans shall be submitted to Council upon completion of construction. As-built drawings of all works are to comply with NZS 4404: 2004, Schedule 1D, and all normal requirements as per Section 1.5.2. Attention is drawn to the requirement for co-ordination of all utility surface features. All co-ordinates are to be presented in New Zealand Transverse Mercator Projection.

16. 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.

17. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay an administration fee of $85.00 for administration of the consent.

18. 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.

Stage 2 – Infrastructure Provision

1. Any lots created as part of Stage 2 shall be carried out generally in accordance with the Connell Wagner Scheme Plan ref. 22203-001, drawing Number S01, Revision 04 dated 21/09/06 (received 15/12/06).

2. That the easements as set out in the Memorandum on the Connell Wagner Scheme Plan ref. 22203-001, Drawing No. S01 Rev 04 dated 21.09.06, and any other easements found necessary on survey or required by conditions of this consent, be duly granted or reserved.

3. That the consent holder shall reticulate the subdivision for water. Each Lot shall be provided with a separate metered connection at the road frontage in accordance with NZS 4404:2004 and Performance Standard 9.3.9 of the Hauraki District Plan.

4. That the consent holder shall install fire hydrants to serve the subdivision in accordance with NZS 4404:2004.

5. That the subdivision shall be reticulated for sewage disposal in accordance with the requirements of NZS 4404:2004 and Performance Standard 9.3.7 of the Hauraki District Plan. Each Lot shall be provided with a connection in the body of the lot.

6. That the consent holder shall pay $10,903.90 plus GST to Council as a capital contribution towards the cost of upgrading and/or extending the existing sewer reticulation in accordance with Rule 10.2.8.3.B of the District Plan.

7. That the subdivision shall be reticulated with a piped stormwater drainage system, in accordance with the requirements of NZS 4404:2004, Performance Standard 9.3.10 of the Hauraki District Plan , the stormwater report by Connell Wagner dated 22 January 2007 and Waikato Regional Council Consent no. 115660.

8. That the subdivision shall be reticulated for power and telephone in accordance with NZS 4404:2004 and as required by the Network Utility operators for each utility service.

9. That Lot 50 shall be vested in Hauraki District Council as Road.

10. That Lot 51 shall be vested in Hauraki District Council as Local Purpose Reserve (Drainage).

11. That pursuant to Section 221 of the Resource Management Act 1991 a consent notice shall be registered against the certificate of title for Lot 29 stating that the front yard requirement along the northern boundaries only of the lot is 3.0 metres (see plan attached in Appendix One to this consent).

12. That pursuant to Section 221 of the Resource Management Act 1991 a consent notice shall be registered on the Certificate of Title of Lot 30 advising that the owner of that lot shall be responsible for the ongoing maintenance of the public road formation required by condition 18 of Stage 2 of this consent.

13. That pursuant to Section 221 of the Resource Management Act 1991 a consent notice shall be registered on the Certificate of Title for Lots 1, 2, 3, 4, 5 advising that Rule 9.3.13.1 ("Protection of Traffic Sight Lines") of the Hauraki District Plan shall not apply to those lots.

14. That, if Lots 27 and 29 are created at Stage 2, a segregation strip shall be created and vested in Council on Lots 27 and 29 along the boundary of the lots with the new subdivision road. The segregation strip on Lot 29 shall terminate four metres from the boundary of Lot 29 with Lot 28. The segregation strip on Lot 27 shall terminate four metres from the boundary of Lot 27 with Lot 28 and of Lot 27 with Lot 26(Note: the segregation strips may be created at Stage 2 even if Lots 27 and 29 are not).

15. That a segregation strip shall be created and vested in Council on Lot 6 along its boundary with Cornwall Street.

16. The ROW internal access for Lots 22 and 23 is to be constructed by the consent holder in accordance with the appropriate standard specified in Section 9.3.19.3 of the Hauraki District Plan. In this case the appropriate standard is that for 1-3 lots in the Residential Zone.

17. That a Class E (Standard Residential Vehicle Entrance) vehicle crossing as specified in Section 9.3.3 of the Hauraki District Plan shall be constructed to serve the access legs to Lots 8, 9, 10, 12, 13, 19, 26, for the entrance to ROW A and for the access to Lot 51.

18. The unformed portion of legal road accessing Maddocks Street shall be formed to "half road" standard for the minimum distance required for it to provide access to Lot 30. "Half road" standard is defined as being half the width of a new road with a minimum carriageway width of 3.0m. All other aspects of the formation shall be in accordance with the Hauraki District Plan and Part 3 of NZS 4404:2004.

19. That the new road/s be constructed in accordance with NZS 4404:2004, including streetlighting, road marking, signage, footpaths and kerb & channel.

20. That Roberts Street shall be extended, to the standard set out in condition 19, from the existing carriageway (including removal of the existing cul-de-sac head) and tying into the new road formation on Lot 50. Section 138 Blk XV Ohinemuri SD shall be provided with a Class E vehicle crossing that shall extend to the back of the footpath, while Section 183 Town of Waihi South, Section 182B Town of Waihi South and Lot 1 DPS 30015 shall be provided with Class E vehicle crossings for a minimum depth of 1.2m measured from the back of the kerb..

21. That the consent holder shall pay $27,267.29 as a capital contribution toward the cost of improving Maddocks Street, in accordance with Rule 10.2.7.3.B(b) of the District Plan as set out below:

MADDOCKS STREET

New Lots

21

          

AP

147

  

$54.00

$81.20

    

Location

VPD (Pv)

L

K&C

P/WAY

Combined (Ic)

Contribution

0 - 142

60

284

$15,336.00

$23,060.80

$38.396.80

$27,267.29
         

TOTAL

$27,267.29

Both sides: 142 x 2 = 284

22. That the consent holder shall pay $20,074.94 as a capital contribution toward the cost of improving Roberts Street, in accordance with Rule 10.2.7.3.B(b) of the District Plan as set out below:

ROBERTS STREET

New Lots

20

          

AP

140

  

$54.00

$81.20

    

Location

VPD (Pv)

L

K&C

P/WAY

Combined (Ic)

Contribution

0 -192

340

192

$10,368.00

  

$10,368.00

$3,024.00

192 - 419

190

227

$12.258.00

  

$12,258.00

$5,200.36

419 - 563

90

144

$7,776.00

$11,692.80

$19,468.80

$11,850.57
         

TOTAL

$20,074.94

23. That Maddocks Street shall be upgraded in accordance with the approved engineering design plans C19, C20 and C21 with the addition of corner sight benching and the upgrading of the existing entrances along the length of the eastern side of Maddocks Street affected by the required works.

24. That the consent holder shall pay $7,360 plus GST as a capital contribution toward the cost of upgrading the Consul Street/Maddocks Street intersection.

25. That a Community Recreation Facilities Contribution of $1,842.94 plus GST per lot created in Stage 2 shall be paid to Council (Waihi Ward).

26. That landscaping plans shall be submitted to the Manager of Planning and Environmental Services for consideration and approval prior to the commencement of any work. All subdivision entrance features and landscaping shall be established in accordance with the Hauraki District Council guidelines attached as Appendix Two to this consent.

27. That all earthworks for Stage 2 are to be undertaken and certified in accordance with the Waikato Regional Council Consent no.115661

28. That any residential lots created as part of Stage 2 of the subdivision shall be investigated by a Chartered Professional Engineer experienced in geotechnical investigations and be certified as suitable for building construction in accordance with NZS 4404:2004 Schedule 2A and NZS 4431:1989. The certification shall demonstrate that the compressive strength of the soils meets or exceeds the requirements for building as per NZS 3604. The results of testing shall be presented in a report for each Lot detailing foundation conditions and recommended suitable foundations based on at least 3 scala penetrometer tests, carried out to a depth of at least 1 metre, or for the depth of the fill, whichever is the greater. The locations of the tests shall be shown on a sketch plan of each Lot.

29. The consent holder shall take all measures including the control of any contractors during the construction period, to ensure that construction noise complies with section 9.4.1.3 Construction Noise of the Hauraki District Plan.

30. That measures to provide warning of an oncoming train shall be installed on both approaches to the Goldfields Railway Line to the satisfaction of the District Engineer.

31. That engineering drawings and specifications covering all engineering works shall be submitted to the District Engineer for consideration and approval prior to the commencement of any work.

32. That copies of "as built" plans shall be submitted to Council upon completion of construction. As-built drawings of all works are to comply with NZS 4404: 2004, Schedule 1D, and all normal requirements as per Section 1.5.2. Attention is drawn to the requirement for co-ordination of all utility surface features. All co-ordinates are to be presented in New Zealand Transverse Mercator Projection.

33. That an as-built plan is submitted to Council showing the extent and depth of fill that has been placed on each Lot.

34. That the consent holder is to bond a sum of 5% of the total project cost (to be agreed with the District Engineer) at the time of section 224 certificate application for a period of 12 months being the maintenance period required for this subdivision. This bond is to be held by the Hauraki District Council to ensure that all works within this subdivision perform satisfactorily and are up to Council standard after 12 months of operation from the time of completion. The Hauraki District Council will inspect the works prior to the release of the bond with a representative of the consent holder present. Any works not up to standard will be required to be remedied by the consent holder prior to the release of the bond. Alternatively Council reserves the right to repair any defective works at the consent holder’s cost, with the cost of repairs to be deducted from the bond.

35. That the sewage reticulation required by condition 5 of Stage 2 of this consent once installed shall be inspected by the consent holder using Closed Circuit Television (CCTV). Footage of the CCTV inspection shall be provided to the District Engineer for approval on DVD or similar.

36. That, if the existing 11kv line is re-routed as part of Stage 2, an easement (of a maximum width of 2 metres) shall be created over the line in favour of the network utility operator. Note: The line shall be laid within the yard requirement of the lots affected.

37. 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.

38. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay an administration fee of $85.00 for administration of the consent.

39. 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.

Subsequent Stages

1. The subdivision shall be carried out generally in accordance with the Connell Wagner Scheme Plan ref. 22203-001, drawing Number S01, Revision 04 dated 21/09/06 (received 15/12/06). Staging of the subdivision is permitted subject to compliance in all respects with the approved scheme plan and with the conditions of this subdivision consent.

2. That the easements as set out in the Memorandum on the Connell Wagner Scheme Plan ref. 22203-001, Drawing No. S01 Rev 04 dated 21.09.06, and any other easements found necessary on survey, be duly granted or reserved.

3. That a Community Recreation Facilities Contribution of $1,842.94 plus GST per lot created shall be paid to Council (Waihi Ward).

4. That pursuant to Section 221 of the Resource Management Act 1991 a consent notice shall be registered against the certificate of title for Lot 29 stating that the front yard requirement along the northern boundaries only of the lot is 3.0 metres (see plan attached in Appendix One to this consent).

5. That pursuant to Section 221 of the Resource Management Act 1991 a consent notice shall be registered on the Certificate of Title of Lot 30 advising that the owner of that lot shall be responsible for the ongoing maintenance of the public road formation required by condition 18 of Stage 2 of this consent.

6. That pursuant to Section 221 of the Resource Management Act 1991 a consent notice shall be registered on the Certificate of Title for Lots 1, 2, 3, 4, and 5 advising that Rule 9.3.13.1 ("Protection of Traffic Sight Lines") of the Hauraki District Plan shall not apply to those lots.

7. That, if not already created at Stage 2, a segregation strip shall be created and vested in Council on Lots 27 and 29 along the boundary of the lots with the new subdivision road. The segregation strip on Lot 29 shall terminate four metres from the boundary of Lot 29 with Lot 28. The segregation strip on Lot 27 shall terminate four metres from the boundary of Lot 27 with Lot 28 and of Lot 27 with Lot 26.

8. That all residential lots created in subsequent stages of the subdivision shall be investigated by a Chartered Professional Engineer experienced in geotechnical investigations and be certified as suitable for building construction in accordance with NZS 4404:2004 Schedule 2A and NZS 4431:1989.

9. That engineering drawings and specifications covering all engineering works and landscaping shall be submitted to the Manager of Planning and Environmental Servies for consideration and approval prior to the commencement of any work.

10. That copies of "as built" plans shall be submitted to Council upon completion of construction. As-built drawings of all works are to comply with NZS 4404: 2004, Schedule 1D, and all normal requirements as per Section 1.5.2. Attention is drawn to the requirement for co-ordination of all utility surface features. All co-ordinates are to be presented in New Zealand Transverse Mercator Projection.

11. That an as-built plan is submitted to Council showing the extent and depth of fill that has been placed on each Lot.

12. That, if the existing 11kv line is re-routed as part of a subsequent stage, an easement (of a maximum width of 2 metres) shall be created over the line in favour of the network utility operator. Note: The line shall be laid within the yard requirement of the lots affected. The certification shall demonstrate that the compressive strength of the soils meets or exceeds the requirements for building as per NZS 3604. The results of the testing shall be presented in a report for each Lot detailing foundation conditions and recommended suitable foundations based on at least 3 scala penetrometer tests, carried out to a depth of at least 1 metre or the depth of the fill, whichever is the greater. The locations of the tests shall be shown on a sketch plan of each lot.

13. 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.

14. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay an administration fee of $85.00 for administration of the consent.

15. 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
  • Lots 1-7, 11, 14-18, 20, 21, 24, 25, 28, and 31-41 are to be provided with a Class E (Standard Residential) vehicle crossing in accordance with the District Plan at the time of building consent.

  • Any work undertaken in the road reserve will require a street opening permit and traffic management plan to be submitted for approval before work commences. Any enquiries regarding this procedure may be directed to the Technical Services Unit Administrative Officer (currently Janet Tee) at the Council Paeroa offices (Tel 07 862 8609).

  • The water meters required by the relevant conditions of this consent are to be placed on the road frontage just inside the road reserve, within 0.5m of the property/road reserve boundary. All connections to Council water mains will be undertaken by the Hauraki District Council at the cost of the developer.

  • The consent holder is to arrange with the District Engineer for regular site meetings to take place and to confirm the procedure for testing and inspections.

 

 

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:

 

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.