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 WEDNESDAY 10 OCTOBER 2007 COMMENCING AT 9.00 AM

L.D. Cavers

Chief Executive

HEARINGS FOR MEETING

9.15am

Fencing of Swimming Pool Waiver – J Glover (P30829)

9.25am

Fencing of Swimming Pool Waiver – B G Howie (P02476)

9.35am

Fencing of Swimming Pool Waiver – F Nicol (05002/020.00)

9.45am

Fencing of Swimming Pool Waiver – C & V Cuthbert (04771/748.00)

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 20 SEPTEMBER 2007 1-6

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on 20 September 2007 be taken as read and confirmed.

 

4. MATTERS ARISING FROM THE MINUTES

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

5.1 J Glover, 8 Fleet Street, Waihi (P30829)(21KB)   7-17

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 9.15am.

RECOMMENDATION

THAT the application from J Glover 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.

Granting the application for exemption will not significantly increase the danger to young children.

5.2 B G Howie, 24 Kensington Street, Waihi (P02476) (21KB)  18-25

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 9.25am.

RECOMMENDATION

THAT the application from B G Howie 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.

Granting the application for exemption will not significantly increase the danger to young children.

5.3 Mr & Mrs F Nichol, 17 Bush Street, Paeroa (05002/020.00)(24KB)   26-32

The applicants are seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for their pool and spa pool.

A detailed report from the Monitoring Officer including supporting documents is attached.

A hearing is scheduled for 9.35am.

RECOMMENDATION

THAT the request from Mr & Mrs Nicol 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:

    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 dwelling to the pool area be protected by an alarm complying with UL 2017 capable of detecting unauthorised access from the dwelling 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.

5.4 C & V Cuthbert, 16 Hayward Road, Ngatea (04771/748.00) (21KB)   33-46

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 9.45am.

RECOMMENDATION

THAT the application from C & V Cuthbert 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.

Granting the application for exemption will not significantly increase the danger to young children.

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:

 

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.