There were no apologies.

There were no late items.

RESOLVED

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

HC07/99 Gordon/Bubb CARRIED

B G Howie, 24 Kensington Street, Waihi (P02476)

The applicant is 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 regarding the application including the applicant’s letter seeking exemption and photos of the pool area of the subject property were presented for the consideration of the Committee.

A hearing was scheduled for 9.15am. The hearing commenced at 9.15am.

Mr Howie was in attendance for the benefit of the hearing.

Mr East advised that the spa pool has a lock down hard cover for extra safety. The cover is able to hold up to 60kg in static weight. The property is fully fenced and the spa pool is not visible from the front of the property.

The hearing closed at 9.25am.

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

After considering all the evidence the Committee:

RESOLVED

THAT the application from B G Howie for a special exemption from the requirements of the Fencing of Swimming Pools Act 1987 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.

HC07/100 Carmine/Gordon CARRIED

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 regarding the application including the applicant’s letter seeking exemption and photos of the pool area of the subject property were presented for the consideration of the Committee.

A hearing was scheduled for 9.25am. The hearing commenced at 9.30am.

The Applicant was not in attendance.

Mr East advised that the pool has a superior lock down hard cover for extra safety. The cover is able to hold up to 100kg in static weight.

The hearing closed at 9.35am

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

J Glover, 8 Fleet Street, Waihi (P30829)

After considering all the evidence the Committee:

RESOLVED

That the application from Jennifer Glover for a special exemption from the requirements of the Fencing of Swimming Pools Act 1987 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.

HC07/101 Carmine/Glover CARRIED

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 regarding the application including the applicant’s letter seeking exemption and photos of the pool area of the subject property were presented for the consideration of the Committee.

A hearing was scheduled for 9.35am. The hearing commenced at 9.40am.

The Applicants were not in attendance.

Mr & Mrs Nicol have a swimming pool and spa on their property at 17 Bush Street, Paeroa, which are presently full of water. The pool area has a pool fence that complies with the Fencing of Swimming Pools Act, but there is direct access via a door and windows from the dwelling into the pool area. Council staff carried out an inspection of the property on the 31^st August 2007and noted the non compliance in that there was no exemption or waiver in place for the door and windows opening directly into the pool area from the dwelling. An application has been received from the Nicol’s seeking a waiver from the fencing requirements where the door and windows from the dwelling open into the pool area.

The hearing closed at 9.50am.

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

Mr & Mrs F Nichol, 17 Bush Street, Paeroa (05002/020.00)

After considering all the evidence the Committee:

RESOLVED

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 decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/102 Gordon/Carmine CARRIED

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 regarding the application including the applicant’s letter seeking exemption and photos of the pool area of the subject property were presented for the consideration of the Committee.

A hearing was scheduled for 9.45am. The hearing commenced at 9.55am.

The applicants were not in attendance.

The Spa is portable spa which is compliant with the NZS8500:2006 Standards, in that, the pool stands 840mm above the ground or deck. The standard is 760mm.

The hearing closed at 10.00am

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

C & V Cuthbert, 16 Hayward Road, Ngatea (04771/748.00)

After considering all the evidence the Committee:

RESOLVED

THAT the application from C & V Cuthbert for a special exemption from the requirements of the Fencing of Swimming Pools Act 1987 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.

HC07/103 Bubb/Carmine CARRIED

The meeting closed at 10.05am.

CONFIRMED

D M Carmine

25 October 2007