L.D. Cavers

1. APOLOGIES

2. NON-NOTIFIED RESOURCE CONSENT APPLICATIONS

The applicant proposes to subdivide the property into thirteen lots as per attached scheme plan.

A detailed report and supporting documents was available.

A hearing has been scheduled for 9.15am. The hearing commenced at 9.15am.

RECOMMENDATION

Notification Decision

It is recommended that Council resolves, pursuant to section 93 and 94 of the Resource Management Act 1991, to WAIVE PUBLIC NOTIFICATION of the application to subdivide the property into thirteen (13) allotments at 271 Back Miranda Road, Miranda, on the land legally described as Waitakaruru 1A2C, for the following reasons:

Reasons for the Decision:

Council is satisfied that any potential or actual adverse effects on the environment will be no more than minor.

Those parties who are considered to be potentially and / or actually adversely affected by this proposal have provided their written approval.

There are no special circumstances considered relevant to warrant public notification of the application.

Extension of time – Decision

It is recommended that Council resolves to REFUSE THE EXTENSION OF TIME for a period of 10 years for the application to subdivide the property into thirteen (13) allotments at 271 Back Miranda Road, Miranda, on the land legally described as Waitakaruru 1A2C, for the following reasons:

Reasons for the Decision:

1. The Hauraki District Plan is currently in the process of being reviewed in accordance with the requirements of the Resource Management Act 1991. The review process may result in the subdivision provisions being changed which may result in the subdivision proposal having different assessment criteria or even a different activity status.

2. The Resource Management Act also provides for the consent holder to apply for an extension of time pursuant to section 125. It is considered that these provisions give the consent holder adequate time, being five years, to give effect to the consent and apply for an extension of time as and when required.

3. It is considered that the default five year period for subdivision is appropriate for this decision.

Subdivision Consent - Decision

It is recommended that pursuant to Section 104B, 106 and 108 of the Resource Management Act 1991 the Hauraki District Council grants SUBDIVISION consent to a discretionary activity application to subdivide the property into thirteen (13) allotments at 271 Back Miranda Road, Miranda, on the land legally described as Waitakaruru 1A2C, subject to the following conditions and for the following reasons:

Pursuant to Section 108 of the Act the following conditions shall apply:

• Stage 1 - Conditions A (s223) and B (s224c)
• Stage 2 - Conditions C (s223) and D (s224c)

• Stage 3 - Conditions E (s223) and F (s224c)

1. Pursuant to Sections 243 of the Resource Management Act 1991, any necessary easements as required, shall be included in a memorandum of easements endorsed on the survey plan. The applicant shall meet all costs relating to the creation of easements.

2. Any private service leads or drainage lines, where they cross property boundaries shall be protected by an easement and shall be shown on the submitted survey plan within a Memorandum of Easements.

3. Lot 11 shall be shown as road to vest in Hauraki District Council on the survey plan.

4. The pedestrian right of way shall be registered over Lot 12 in favour of Lots 1 – 5.

5. The schedule of ‘Proposed Building Restrictions’ shall be shown on the survey plan with corresponding notation as shown on each lot.

6. The Stage 1 survey plan shall be shown to include Lots 1 – 5, Lot 11 (Road to Vest), Lot 12 (incorporating stage II) and Lot 13 (incorporating Stage III).

7. The proposed covenant area M6 shall be surveyed and shown as a covenant for protection of regenerating bush.

2. Prior to the completion certificate being signed pursuant to Section 224(c) of the Resource Management Act 1991, the following conditions of consent are to be complied with:

1. That the development proceeds in accordance with the plans and information provided with the application, namely:

• Resource Consent application prepared by Surveying Services (SS) dated 11 December 2006;
• The Subdivision Scheme Plan prepared by Surveying Services (SS) ref 93740.23 sheets 1 and 2 – revised plan attached to SS letter dated 7 September 2007;
• The Landscape Planting Plan prepared by Richard Hart Landscape Architect - revised plan attached to SS letter dated 7 September 2007;
• Planting Recommendations prepared by Natural Environments March 2007;
• Further information provided as part of the SS letter dated 4 January 2007;
• Further information provided as part of the SS letter dated 21 February 2007;
• Further information provided as part of the SS letter dated 27 March 2007;
• Further information provided as part of the SS letter dated 16 April 2007;
• Further information provided as part of the SS letter dated 18 May 2007;
• Further information provided as part of the SS letter dated 9 August 2007;
• Further information provided as part of the SS email dated 6 September 2007;
• Preliminary Geotechnical assessment by Foundation Engineering dated 7 December 2006;

2. That Engineering drawings and specifications covering all engineering works, including earthworks, road formation, vehicle crossings and servicing shall be submitted to the Manager of Planning and Environmental Services prior to commencement of any work for consideration and approval by the District Engineer, HDC as per NZS 4404: 2004 and the relevant District Plan standards.

3. 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. A digital copy of the as built drawings in dxf format is to be provided on CD/ DVD.

4. The consent holder shall appoint an official representative in respect of engineering works, with whom all correspondence relating to engineering matters, will be undertaken by Council.

5. The construction of all physical works shall be supervised and certified by a Chartered Professional Engineer, or other suitably qualified person for whom Council’s consent has been obtained.

6. All completed works shall be certified by the official representative, or their delegated agent, as in accordance with the approved plans and specifications. All materials used therein are to be certified to be in accordance with the relevant New Zealand standards.

Earthworks

7. That any soil spilled or tracked onto any public road shall be removed from the road immediately so as not to create a nuisance.

8. That the applicant shall take measures to ensure that there is no objectionable dust nuisance beyond the boundary of the site. For the purpose of this condition, the dust nuisance shall be considered objectionable if a Council officer considers it so, having regard to the frequency, intensity, and duration of the effects, and any complaints from a member of the public that the effect of the dust was objectionable.

9. The consent holder shall ensure that all earthworks are carried out in accordance with Environment Waikato’s "Erosion and Sediment Control – Guidelines for Soil Disturbing Activities 2003" or as otherwise specified by any relevant consents issued by Environment Waikato.

10. The consent holder shall, within 3 months of the completion of earthworks, regrass or hydroseed all exposed earthworks to achieve a minimum 80% grass strike.

11. Where earthworks are proposed then the consent holder shall ensure appropriate silt retention devices as necessary are in place to protect waterways, as approved by the District Engineer, HDC or as otherwise specified by any relevant consents issued by Environment Waikato. This is required over the duration of the entire earthwork phase. These must be installed prior to any earthwork operation, maintained regularly and dismantled / removed once all bare ground surfaces have been stabilised by vegetation.

Road Design (Lot 11)

12. That the new public road (Lot 11) be designed and constructed generally in accordance with the requirements of NZS 4404:2004, with the exception of those items set out in clause 11.5 of document number 265610 (The application for subdivision consent received by Council on 12 December 2006) attached as Appendix One.  This shall include the retaining wall required adjacent to Lot 1.    

13. That the consent holder shall commission a comprehensive geotechnical report of the road site, by a Chartered Professional Engineer. The pavement design shall be based on the recommendations contained in this report, as approved by the District Engineer. This report shall also address the on going slope stability of the proposed cuts, and provide a design for the retaining wall required adjacent to the pool and dwelling etc on Lot 1.      

14. A cul de sac turning head shall be constructed within the new road reserve, in accordance with NZS 4404:2004, located at the end of this new road.

15. Grass berms and swale drains located within the road reserve shall be installed (contoured, topsoiled and grassed) to the satisfaction of the District Engineer, Hauraki DC.

16. That the consent holder shall evenly match the proposed road extension into the Back Miranda Rd to the satisfaction of the District Engineer, HDC. This includes modifications to the existing drainage and the excavation of sight benches as appropriate.

17. The consent holder must suitably armour the proposed road edges on longitudinal gradients greater than 5% to prevent scour and erosion as approved by the District Engineer, HDC.

18. Pursuant to section 108(2) (b) and 108A of the Resource Management Act 1991; the consent holder is to enter into the following bonds in favour of the Council:

18.1 A bond:

(a) In the sum of 5% of the total project cost for the construction of Lot 11 (as agreed with the Council by its district engineer or other officer) at the time of the section 224 certificate application;

(b) For a period of 12 months from the date that the Stage 1 subdivision work is completed (such period being the "maintenance period" required for stage 1);

(c) not earlier than two months prior to the expiry of the maintenance period, the consent holder may request the Council to inspect the works and advise the consent holder of any remedial work to be undertaken;

(d) Following inspection, the Council may either:

(i) Require the consent holder to carry out the remedial work prior to the release of the bond; or

(ii) the Council may call in the bond and repair any defective work from the proceeds of the bond, the balance of which will be refunded to the consent holder or the guarantor of the bond and in the event of a shortfall will be a debt due and owing by the consent holder to the Council payable on demand;

(e) on completion of any remedial works by the consent holder, and any further remedial works required by the Council, on the expiry of the maintenance period the provisions of the bond having otherwise been complied with, the Council will discharge the bond.

18.2 The bond is to be prepared by the Council's solicitors at the cost of the consent holder and will contain such further or other terms as the Council may reasonably require and shall have either a cash surety to be deposited with the Council (with interest to accrue to the Council) or a guarantee from a New Zealand registered trading bank.

Vehicle crossings

19. That a modified class B (Standard Rural Vehicle Entrance) as specified in Rule 9.3.3.3.E of the District Plan be constructed by the consent holder at the access leg entrance for the balance Lot 12. This shall be designed to match the construction requirements of the right of way for Stage 2, being a minimum 5m sealed width and a 1.5m unsealed carriageway on the western side

20. That a class C (Standard Rural Residential Vehicle Entrance) as specified in Rule 9.3.3.3.E of the District Plan as approved by the HDC engineer, be constructed by the consent holder at the entrances for Lots 1, 2, 3, 4 and 5 at the time of sub division. Note the existing entrance to Lot 1 requires modification due to the proposed formation works associated with the new cul de sac.

Power and Telephone

21. That the consent holder shall provide separate Power and Telephone connections for Lots 1, 2, 3, 4, 5 and balance Lots 12 and 13 at the boundary of each in terms of the HDC District Plan section 9.3.11.3 and NZS 4404:2004.

22. Power and telecommunications services shall be installed in accordance with the specifications and criteria set out by the respective utility network provider. Evidence that the requirements of each network provider have been met shall be provided to Council at the time of s224(c) certification.

Landscaping

23. The consent holder shall provide to Council, and have approved by the Manager, Planning and Environmental Services, a detailed Landscape Management Plan for Lots 2, 3, 4 and 5 which shall detail:

(a) The Proposed Landscape Planting Plan as generally proposed in the ‘Landscape Planting Plan’ prepared by Richard Hart Architects;

(b) The preparation, implementation, management and ongoing maintenance programmes for the above including details of the measures proposed by the consent holder to ensure that it continues to maintain access for maintenance purposes to all planting for the five year maintenance period required by this consent (i.e. in the event of sale of the lots during that period);

(c) The types, sizes (height and PB) and numbers of proposed plants at the time of planting; and

(d) Appropriate species of plants to maintain sight line distances of 210 metres from the intersection of the new road (Lot 11) along Back Miranda Road ( in accordance with Diagram 1- Sight Distance Measurement Diagram in Performance Standard 9.3.3. of the Hauraki District Plan).    

(e) Estimated cost of maintaining the landscaping for the five year period.

24. The Council reserves the right to have the Landscape Management Plan peer reviewed by an independent professional prior to approval. This shall be at the expense of the consent holder.

25. The consent holder shall carry out the landscape work in accordance with the proposed Landscape Management Plan as approved under condition B23. The planting shall be carried out under guidance of a Landscape Specialist to ensure that all appropriate measures are undertaken to ensure successful establishment of the planting.

26. The planting shall be certified ("Planting Completion Certificate") as being established in general accordance with the Landscape Management Plan by the Landscape Specialist. The certification shall confirm that the planting has been fully implemented in a professional and workmanlike manner.

27. A further inspection by the Landscape Specialist shall be carried out not less than 100 days from the date of the Planting Completion Certificate. Following that inspection, the Landscape Specialist shall submit a report to the Planning and Environmental Services Manager confirming that the Planting has established with a mortality rate of less than 5%.

28. If the report required under condition B27 above indicates that the mortality rate of the Planting is 5% or more then:

(a) Appropriate replacement planting shall be carried out, and a further Planting Completion Certificate shall be provided in accordance with condition B26 above.

(b) A further report shall be provided in accordance with Condition B27 (after a further period of not less than 100 days from the date of the further Planting Completion Certification); and

(c) This process shall be repeated as often as necessary until such time as a report is provided confirming that the mortality of landscaping is less than 5%.

29. Once the report (B27 and B28) is completed and approved by the Planning and Environmental Services Manager, the conditions relating to establishment of landscaping can be considered as being satisfied and the consent holder may apply for the s224c certification.

Bond for Landscaping

30. Pursuant to section 108(2) (b) and 108A of the Resource Management Act 1991; the consent holder shall enter into a bond agreement in favour of Council in respect of the management and maintenance of the landscaping works. The value of such bond is to be no less than 150% of the estimated cost of the maintenance of the landscape work for a five year period, including weed control and replacement planting, for the remainder of the five year period specified in condition B23.

31. On the anniversary of each year, following the issue of a report confirming a mortality rate of less than 5%, in terms of condition B27 or B28, the consent holder shall provide a Maintenance Report for the landscape planting which shall be approved in writing by Council. This maintenance report shall outline the state of health of the plants, any remedial work required to replace dead or diseased plants, and the maintenance that has occurred in the past 12 months.

32. The bond is to be prepared by the Council's solicitors at the cost of the consent holder and will contain such further or other terms as the Council may reasonably require and shall have either a cash surety to be deposited with the Council (with interest to accrue to the Council) or a guarantee from a New Zealand registered trading bank. The bond shall be returned on the fifth anniversary of the report confirming a mortality rate of less than 5%, in terms of condition B27 or B28 and the submission of the fifth Maintenance Report.

Vegetation and Landscape Protection

33. The consent holder shall provide a Vegetation Management Plan or Owners Manual prepared by a suitably qualified ecologist, landscape architect, or other suitably qualified person for Lots 2, 3, 4, 5 and 12. The Management Plan shall:

Covenant Area – M6

34. The consent holder shall fence and engage the services of a suitably qualified person(s) to certify that the stockproof fence to a minimum specification of an 8-wire rural fence described in clause 6 of the second schedule of the Fencing Act 1978 has been constructed on the boundaries of the covenant areas, to a satisfactory standard to ensure the long term viability of the covenant area.

Administrative

35. That pursuant to section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Council charges for receiving, processing and granting of the Resource consent.

36. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay an administration fee of $95.00 for administration of the consent.

37. 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.

Financial Contributions

38. That a Community Recreation Facilities Contribution of $1,935.86 plus GST per lot shall be paid to Council for the creation of six additional lots (Plains Ward).    

Consent Notices

39. A Consent notice, pursuant to section 221 Resource Management Act 1991, shall be registered against the relevant certificates of title. These notices shall specify the following conditions as relevant to each lot:

a. Earthwork construction activities associated with the formation of building platforms and access on Lots 2, 4, 5 and 12 shall be investigated, assessed and reviewed by a suitably qualified geotechnical engineer. All test results and recommendations shall be provided in a detailed Geotechnical Completion Report and associated Statement of Professional Opinion to the satisfaction of the District Engineer and approved prior to the approval of Building Consent. Constructed building platforms must be certified by an approved Chartered Professional Geotechnical Engineer, in accordance with NZS 4404:2004, Schedule 2A and NZS 4431:1989. Refer to the specifications detailed in the Geotechnical Reports by Coffey Geotechnics (NZ) Ltd and Foundation Engineering dated 7 December 2006, 14 February 2007 and 11 May 2007, as appropriate.

b. The Vegetation Management Plan or Owners Manual (as detailed in condition B33) for Lots 2, 3, 4, 5 and 12 shall be complied with on an ongoing basis. At five yearly intervals the landowner shall provide the Hauraki District Council with a statement specifying how the requirements of the Vegetation Management Plan are being satisfied.

c. At the time of application for a building consent on Lots 4 and 5 the applicant shall provide Council with a Landscape Planting Plan around each house site which shall be designed to reduce the visual impact of the buildings on the site and ultimately merge the buildings into the surrounding landscape. The Landscape Planting Plan shall be generally in accordance with the Landscape Plan prepared by Richard Hart Landscape Architect, approved as part of the subdivision decision. Planting shall be established within 12 months of the building consent being issued (Building Act 2004) and maintained thereafter.

d. All concentrated stormwater runoff from building platforms, roofs, hard surfaces and access tracks on Lots 1, 2, 3, 4 and 5 shall have specifically designed controlled discharge. These shall be fully enclosed reticulation systems as appropriate that eliminate the potential for scour and erosion as approved by the District Engineer, HDC. Each system shall be extended down the existing steep slopes, as required, and discharged into the existing open drain/ watercourses/ gullies located within the subdivision. Discharge outlets shall have approved energy dissipation devices.

g. No buildings and/or no dwellings shall be constructed within the identified areas as shown within the survey plan for Lots 2, 3, 4, 5 and 12 and the Schedule of Proposed Building Restriction.

h. That the owner(s) of proposed Lot 12 shall on a continuing basis take all reasonable steps to preserve and protect the native vegetation growing in the areas referred to as M6 in the Hauraki District Plan and in particular the landowner shall:

(i) not (nor permit any person) to fell, remove, burn or otherwise damage any native tree, shrub or plant growing in the areas;

(ii) not (nor permit any other person to) plant sow or scatter any trees, shrubs or plants in this area or the seed of any trees, shrubs or plants other than local native flora or introduce any substance injurious to plant life in the area except in the control of noxious plants;

(iii) undertake such measures as may be appropriate from time to time in the control of noxious plants or other species incompatible with the ecological values of the areas, including the ring barking of any existing pinus radiata.

(iv) not allow any cattle, sheep, horses, pigs, goats or other livestock to enter the areas,

(v) not light, nor permit to be lit any fire within the area, or on land adjacent to this area which is occupied or controlled by the owner at any time when there is a risk of fire spreading into the area from such adjacent land.

(vi) in the event of loss or destruction for any reason of the existing native bush or part of it, where council is satisfied that the loss or destruction is due to a breach of the conditions of this consent notice, replant the area lost or destroyed with such native trees, shrubs or plants as Council may prescribe,

(vii) not without obtaining all necessary prior resource consents from relevant consent authorities, carry out any drainage works, excavations or alterations to the topography of the area,

(viii) The owner(s) of Lot 12 shall on a continuing basis ensure that the identified covenant area of native vegetation shall be protected from grazing or keeping of domestic animals by maintaining a stockproof fence to a minimum specification of an 8-wire rural fence described in clause 6 of the second schedule of the Fencing Act 1978. The respective owners shall at all times maintain such fencing to protect the covenant area from grazing.

(ix) Council staff or their agents shall be permitted to enter Lot 12, as and when required to ensure ongoing compliance with conditions (i) to (viii). The actual and reasonable costs incurred by Council when monitoring site inspections are undertaken shall be paid by the owners of Lot 12.

Stage 2 - Lots 6, 7, 8, 9 and 12

3. Prior to the survey plan being signed pursuant to Section 223 of the Resource Management Act 1991, the following conditions are to be complied with:

1. Pursuant to Sections 243 of the Resource Management Act 1991, any necessary easements as required, shall be included in a memorandum of easements endorsed on the survey plan. The applicant shall meet all costs relating to the creation of easements.

2. Any private service leads or drainage lines, where they cross property boundaries shall be protected by an easement and shall be shown on the submitted survey plan within a Memorandum of Easements.

3. The pedestrian right of way shall be registered over Lot 12 in favour of lots 6 - 9.

4. The Stage 2 survey plan shall be shown to include Lots 6 - 9, and Lot 12.

5. The schedule of ‘Proposed Building Restrictions’ shall be shown on the survey plan with corresponding notation as shown on each lot.

4. Prior to the completion certificate being signed pursuant to Section 224(c) of the Resource Management Act 1991, the following conditions of consent are to be complied with:

1. That the development proceeds in accordance with the plans and information provided with the application, namely:

• Resource Consent application prepared by Surveying Services (SS) dated 11 December 2006;
• The Subdivision Scheme Plan prepared by Surveying Services (SS) ref 93740.23 sheets 1 and 2 – revised plan attached to SS letter dated 7 September 2007;
• The Landscape Planting Plan prepared by Richard Hart Landscape Architect - revised plan attached to SS letter dated 7 September 2007;
• Planting Recommendations prepared by Natural Environments March 2007;
• Further information provided as part of the SS letter dated 4 January 2007;
• Further information provided as part of the SS letter dated 21 February 2007;
• Further information provided as part of the SS letter dated 27 March 2007;
• Further information provided as part of the SS letter dated 16 April 2007;
• Further information provided as part of the SS letter dated 18 May 2007;
• Further information provided as part of the SS letter dated 9 August 2007;
• Further information provided as part of the SS email dated 6 September 2007;
• Preliminary Geotechnical assessment by Foundation Engineering dated 7 December 2006;

2. That Engineering drawings and specifications covering all engineering works, including earthworks, access formation, vehicle crossings and servicing shall be submitted to the Manager of Planning and Environmental Services prior to commencement of any work for consideration and approval by the District Engineer, HDC as per NZS 4404: 2004 and the relevant District Plan standards.

3. 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. A digital copy of the as built drawings in dxf format is to be provided on CD/ DVD.

4. The consent holder shall appoint an official representative in respect of engineering works, with whom all correspondence relating to engineering matters, will be undertaken by Council.

5. The construction of all physical works shall be supervised and certified by a Chartered Professional Engineer, or other suitably qualified person for whom Council’s consent has been obtained.

6. All completed works shall be certified by the official representative, or their delegated agent, as in accordance with the approved plans and specifications. All materials used therein are to be certified to be in accordance with the relevant New Zealand standards.

Earthworks

7. That any soil spilled or tracked onto any public road shall be removed from the road immediately so as not to create a nuisance.

8. That the applicant shall take measures to ensure that there is no objectionable dust nuisance beyond the boundary of the site. For the purpose of this condition, the dust nuisance shall be considered objectionable if a Council officer considers it so, having regard to the frequency, intensity, and duration of the effects, and any complaints from a member of the public that the effect of the dust was objectionable.

9. The consent holder shall ensure that all earthworks are carried out in accordance with Environment Waikato’s "Erosion and Sediment Control – Guidelines for Soil Disturbing Activities 2003" or as otherwise specified by any relevant consents issued by Environment Waikato.

10. The consent holder shall, within 3 months of the completion of earthworks, regrass or hydroseed all exposed earthworks to achieve a 80-90% grass strike.

11. Where earthworks are proposed then the consent holder shall ensure appropriate silt retention devices as necessary are in place to protect waterways, as approved by the District Engineer, HDC or as otherwise specified by any relevant consents issued by Environment Waikato. This is required over the duration of the entire earthwork phase. These must be installed prior to any earthwork operation, maintained regularly and dismantled / removed once all bare ground surfaces have been stabilised by vegetation.

12. All existing grass berms and swale drains located within the road reserve, on all ROWs and proposed access tracks shall be reinstated (contoured, topsoiled and grassed) to the satisfactory of the District Engineer, Hauraki DC.

13. The consent holder shall remove the shed within Lot 12.

14. That the consent holder shall commission a comprehensive geotechnical report of the right of way site, by a Chartered Professional Engineer. The pavement design shall be based on the recommendations contained in this report, as approved by the District Engineer. This report shall also address the on going slope stability of the proposed cuts.      

16. That ROW’s A, B, C and D shall be constructed by the consent holder in accordance with the appropriate standard as specified in Rule 9.3.19.3 of the District Plan. The appropriate standard is that for a right of way between 250 and 500 metres in length, serving 3-4 lots in the Rural zone. This includes a minimum easement width of 12m. This shall comprise of a 5m sealed width and a 1.5m unsealed carriageway on the western side.

17. That curb and channel or approved alternative be constructed on the proposed eastern seal edge over the full length of ROW B. Note that this is to control the runoff from the proposed sealed access track and to combat potential scour of erosion prone existing soils located within the proposed ROW. Curb and channel sumps or approved alternative, shall be placed at regular intervals with outlet pipes extended down the existing steep slopes, as required, and discharge into the existing open drain/ watercourses/ gullies. Discharge outlets shall have approved energy dissipation devices. Appropriate drainage easements are required where the stormwater reticulation encroaches onto an adjoining Lot.

18. That ROW A be matched evenly into the approved crossing at the existing cul de sac formed at stage 1.

19. The consent holder shall provide to Council, and have approved by the Manager, Planning and Environmental Services, a detailed Landscape Management Plan for Lots 6, 7, 8 and 9 which shall detail:

(a) The Proposed Landscape Planting Plan as generally proposed in the ‘Landscape Planting Plan’ prepared by Richard Hart Architects;

(b) The preparation, implementation, management and ongoing maintenance programmes for the above including details of the measures proposed by the consent holder to ensure that it continues to maintain access for maintenance purposes to all planting for the five year maintenance period required by this consent (i.e. in the event of sale of the lots during that period);

(c) The types, sizes (height and PB) and numbers of proposed plants at the time of planting; and

(d) Estimated cost of maintaining the landscaping for the five year period.

20. The Council reserves the right to have the Landscape Management Plan peer reviewed by an independent professional prior to approval. This shall be at the expense of the consent holder.

21. The consent holder shall carry out the landscape work in accordance with the proposed Landscape Management Plan as approved under condition D19. The planting shall be carried out under guidance of a Landscape Specialist to ensure that all appropriate measures are undertaken to ensure successful establishment of the planting.

22. The planting shall be certified ("Planting Completion Certificate") as being established in general accordance with the Landscape Management Plan by the Landscape Specialist. The certification shall confirm that the planting has been fully implemented in a professional and workmanlike manner.

23. A further inspection by the Landscape Specialist shall be carried out not less than 100 days from the date of the Planting Completion Certificate. Following that inspection, the Landscape Specialist shall submit a report to the Planning and Environmental Services Manager confirming whether the Planting has established with a mortality rate of less than 5%.

24. If the report required under condition D23 above indicates that the mortality rate of the Planting is 5% or more then:

(a) Appropriate replacement planting shall be carried out, and a further Planting Completion Certificate shall be provided in accordance with condition D26 above.

(b) A further report shall be provided in accordance with Condition D27 (after a further period of not less than 100 days from the date of the further Planting Completion Certification); and

(c) This process shall be repeated as often as necessary until such time as a report is provided confirming that the mortality of landscaping is less than 5%.

25. Once the report (D23 and D24) is completed and approved by the Planning and Environmental Services Manager, the conditions relating to establishment of landscaping can be considered as being satisfied and the consent holder may apply for the s224c certification.

Bond for Landscaping

26. Pursuant to section 108(2) (b) and 108A of the Resource Management Act 1991; the consent holder shall enter into a bond agreement with Council in respect of the management and maintenance of the landscaping works. The value of such bond is to be no less than 150% of the estimated cost of the maintenance of the landscape work for a five year period, including weed control and replacement planting, for the remainder of the five year period specified in condition D19.

27. On the anniversary of each year, following the issue of a report confirming a mortality rate of less than 5%, in terms of condition D23 or D24, the consent holder shall provide a Maintenance Report for the landscape planting which shall be approved in writing by Council. This maintenance report shall outline the state of health of the plants, any remedial work required to replace dead or diseased plants, and the maintenance that has occurred in the past 12 months.

28. The bond is to be prepared by the Council's solicitors at the cost of the consent holder and will contain such further or other terms as the Council may reasonably require and shall have either a cash surety to be deposited with the Council (with interest to accrue to the Council) or a guarantee from a New Zealand registered trading bank. The bond shall be returned to the consent holder on the fifth anniversary of the report confirming a mortality rate of less than 5%, in terms of condition D23 or D24 and the submission of the fifth Maintenance Report.

29. The consent holder shall provide a Vegetation Management Plan or Owners Manual prepared by a suitably qualified ecologist, landscape architect, or other suitably qualified person for Lots 6, 7, 8 and 9. The Management Plan shall:

• Identify the Vegetation Management Areas for each lot.
• Set out the responsibilities of each land owner with regards to selective pruning for view shafts, ongoing maintenance and pest/weed control.
• Set out the areas for enhancement planting for ecological and landscape values.

30. That the consent holder shall provide separate Power and Telephone connections for Lots 6, 7, 8 and 9 extended from the end of the new road (Lot 11), along the ROW to suitable points (future house platform access track locations or as approved) at the boundary of each lot. These shall meet the requirements of the HDC District Plan section 9.3.11.3 and NZS 4404:2004.

31. Power and telecommunications services shall be installed in accordance with the specifications and criteria set out by the respective utility network provider. Evidence that the requirements of each network provider have been met shall be provided to Council at the time of s224(c) certification.

32. A Consent notice, pursuant to section 221 Resource Management Act 1991, shall be registered against the relevant certificates of title. These notices shall specify the following conditions as relevant to each lot:

a. Earthwork construction activities associated with the formation of building platforms and access on Lots 6, 7, 8 and 9 shall be investigated, assessed and reviewed by a suitably qualified geotechnical engineer. All test results and recommendations shall be provided in a detailed Geotechnical Completion Report and associated Statement of Professional Opinion to the satisfaction of the District Engineer and approved prior to the approval of Building Consent. Constructed building platforms must be certified by an approved Chartered Professional Geotechnical Engineer, in accordance with NZS 4404:2004, Schedule 2A and NZS 4431:1989. Refer to the specifications detailed in the Geotechnical Reports by Coffey Geotechnics (NZ) Ltd and Foundation Engineering dated 7 December 2006, 14 February 2007 and 11 May 2007, as appropriate.

b. The 3 pit feature (archaeological site) contained within Lot 7 shall be protected against any modification or destruction, unless appropriate authority from the New Zealand Historic Places Trust is received.

c. The Vegetation Management Plan (as detailed in condition D29) for Lots 6, 7, 8 and 9 shall be complied with on an ongoing basis. When requested, the landowner shall provide the Hauraki District Council with a statement specifying how the requirements of the Management Plan are being satisfied.

d. At the time of application for a building consent on Lots 6, 7, 8 and 9 the applicant shall provide Council with a Landscape Planting Plan around each house site which shall be designed to reduce the visual impact of the buildings on the site and ultimately merge the buildings into the surrounding landscape. The Landscape Planting Plan shall be generally in accordance with the Landscape Plan prepared by Richard Hart Landscape Architect, approved as part of the subdivision decision. Planting shall be established within 12 months after building consent being issued (Building Act 2004) and maintained thereafter.

e. The exterior of all buildings on Lots 6, 7, 8 and 9 including accessory buildings, garden amenities and fences shall be consistent with the colours contained within Colour Range BS5252 Groups A and B and roofs and walls shall not exceed a reflectivity rating of 40%. The applicant for building consent shall confirm this requirement at the time of application for building consent.

f. No buildings within Lots 6, 7, 8 and 9 shall be over 6 metres in height above the highest point (ground level) within each lot. The applicant for building consent shall confirm this requirement at the time of application for building consent.

g. All concentrated stormwater runoff from building platforms, roofs, hard surfaces and access tracks on Lots 6, 7, 8 and 9 shall have specifically designed controlled discharge. These shall be fully enclosed reticulation systems as appropriate that eliminate the potential for scour and erosion as approved by the District Engineer, HDC. Each system shall be extended down the existing steep slopes, as required, and discharge into the existing open drain/ watercourses/ gullies located within the existing Lot. Discharge outlets shall have approved energy dissipation devices.

h. No buildings and/or no dwellings shall be constructed within the identified areas as shown within the survey plan for Lots 6, 7, 8 and 9 and the Schedule of Proposed Building Restriction.

33. That a Community Recreation Facilities Contribution of $1,935.86 plus GST per lot shall be paid to Council for the creation of four additional lots (Plains Ward).    

Administrative

34. That pursuant to section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Council charges for receiving, processing and granting of the Resource consent.

35. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay an administration fee of $95.00 for administration of the consent.

36. 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.

5. Prior to the survey plan being signed pursuant to Section 223 of the Resource Management Act 1991, the following conditions are to be complied with:

1. Pursuant to Sections 243 of the Resource Management Act 1991, any necessary easements as required, shall be included in a memorandum of easements endorsed on the survey plan. The applicant shall meet all costs relating to the creation of easements.

2. Any private service leads or drainage lines, where they cross property boundaries shall be protected by an easement and shall be shown on the submitted survey plan within a Memorandum of Easements.

3. The Stage 3 survey plan shall be shown to include Lot 10 and Lot 13.

That Lot 10 shall be provided with an outlet to the Council drain running along the eastern boundary of Lot 13.

The following easement (to be in accordance with section 9.3.20.3 of the District Plan) shall be created over the existing drain along the southern boundary of Lot 13.

Purpose	Created	Serv Ten	Dom Ten
Land Drainage	A	Lot 13	Lot 10

1. That the development proceeds in accordance with the plans and information provided with the application, namely:

1. It is considered that the potential or actual adverse effects generated by this proposal will be no more than minor. It is also considered that those minor and less than minor adverse effects, such as visual effects associated with earthworks and discharge of wastewater and stormwater, can be avoided, remedied or mitigated by the above conditions of consent.

2. The requirement of a bond of 150% of the cost of maintenance of the landscape planting is considered to be an appropriate amount to ensure that that proposed native vegetation planting, which forms a significant part of the mitigation of adverse effects associated with this subdivision, is carried out in a professional and timely fashion. It is also considered that a 5 year period is an appropriate time period to ensure successful survival of the native plants.

3. The proposal is not considered to be contrary to the relevant provisions of the District Plan including the objective and policies.

4. The proposal is considered to be consistent with the purpose and principles of the Resource Management Act 1991.

5. The proposal is not considered to be contrary to the Hauraki Gulf Marine Park Act 2000.

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.

5. LATE ITEMS