L.D. Cavers

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. DELEGATED MATTERS (01.010.001)

3.1 Reports of the matters dealt with by way of delegation from the period 1^st July 2007 are submitted separately for the Committee’s information.

RECOMMENDATION

THAT the reports of delegated matters be received.

4. CONFIRMATION OF MINUTES

4.1 MEETING HELD THURSDAY 23 AUGUST 2007 1-10

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Thursday 23 August 2007 be taken as read and confirmed.

5. MATTERS ARISING FROM THE MINUTES

6. NOTIFIED RESOURCE CONSENT APPLICATION 11-38

6.1  SUBDIVISION APPLICATION TO CREATE TWO LOTS IN THE RURAL-RESIDENTIAL ZONE: R & R IRVINE, 42 LAWRENCE ROAD, WAIHI (82.801.526) (71KB)

The applicants propose to subdivide the site into two lots.

A detailed report and supporting documents are attached.

A hearing has been scheduled for 9.15am.

RECOMMENDATION

THAT pursuant to Section 104B of the Resource Management Act 1991 the Hauraki District Council decline consent to this non-notified discretionary activity application to subdivide Lot 9 DP 308287, located at 42 Lawrence Road, Waihi into two lots, for the following reasons:

• The proposed subdivision is contrary to the objectives, policies, assessment criteria and anticipated environmental outcomes for the Rural-Residential Zone that seek to establish a low density of development that maintains and enhances amenity values.

• While each application must be considered on its own merits, Council if adopting a consistent approach to administration of the District Plan and after comparing like with like, would find it difficult to decline consent for other subdivisions of rural-residential properties along Lawrence Road and in the rural-residential zones of the District in general if consent were granted to this application.

7. NON-NOTIFIED RESOURCE CONSENT APPLICATION 39-44

RECONVENED HEARING : LANDUSE CONSENT APPLICATION TO ESTABLISH A COMPREHENSIVE RESIDENTIAL DEVELOPMENT : KOWHAI VILLAS DEVELOPMENT LTD, TAYLOR AVENUE, PAEROA (44KB)

On August 23^rd 2007 the Hearings Committee heard the substantive application by Kowhai Villas Ltd to undertake a comprehensive residential development on a site at Taylor Avenue in Paeroa. At the hearing the applicant tabled a revised site plan in response to concerns raised in the original Hauraki District Council staff report.

The Hearings Committee adjourned the hearing until 6 September to allow staff sufficient time to assess the revised plan and provide comment back to the committee on it.

A detailed report from the Consultant Planner and revised plan of the subject site submitted from the applicants are attached.

A hearing has been scheduled for 10.45am.

RECOMMENDATION

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 by Kowhai Villas Development Ltd to establish a comprehensive residential development in the Residential Zone at Taylors Avenue, Paeroa (Lot 12 DP 4716, Lot 13 DP 4716, Lot 14 DP 4716, Lot 15 DP 4716, Part Lot 10 DP 4716, Pt Lot 11 DP 4716, Lot 1 DPS 25567) for the following reasons:

(a) Subject to compliance with the conditions of consent the proposal is consistent with the relevant objectives, policies and assessment criteria of the Hauraki District Plan, and with the relevant provisions of Part II of the Resource Management Act 1991. The site is considered an appropriate location for a comprehensive residential development given its size, undeveloped nature, proximity to the Paeroa town centre and adjoining areas of open space.

1. Subject to compliance with the conditions of consent the adverse effects on the environment of the activity will be no more than minor.

1. That the activity shall be carried out in general accordance with the application submitted by Harrison Grierson Ltd dated 28 February 2007and the further information submitted on 16 May 2007, 5 July 2007 and the revised plan submitted at the hearing of the application on August 23^rd 2007 unless required to be amended by the conditions below.
2. That no permanent resident at the development (with the exception of the site manager and any other staff required to live on-site) shall be under the age of 50 years old.
3. That a maximum of 19 units be developed.
4. That a revised Landscape Concept Plan shall be submitted to the Manager of Planning and Environmental Services for consideration and approval prior to the commencement of any work. All entrance features and landscaping shall be established in accordance with the Hauraki District Council guidelines attached as Appendix One to this consent. After establishment the planting shall be maintained in accordance with good horticultural practice and any plants that die off shall be promptly replaced.
5. That all outdoor living courts shall be screened with timber and trellis fencing or planting to a height of at least 1.8m so as to achieve effective visual screening from habitable room windows of adjoining units located within 6 metres of the outdoor living court.
6. That a Community Recreation Facilities Contribution of $27,526.68 plus GST shall be paid to Council for the creation of 19 additional residential units (Paeroa Ward).
7. That each unit in the development 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 the consent holder shall reticulate the development for water. The development as a whole shall be provided with a bulk metered water connection at the boundary of the site with Taylor Avenue in accordance with NZS 4404:2004 and Performance Standard 9.3.9 of the Hauraki District Plan.
9. That the consent holder shall install fire hydrants to serve the development in accordance with NZS 4404:2004.
10. That the development shall be reticulated with a piped sewage disposal system connecting to existing Council reticulation in accordance with the requirements of NZS 4404:2004 and Performance Standard 9.3.7 of the Hauraki District Plan.
11. That the development shall be reticulated with a piped stormwater drainage system connecting to existing Council reticulation, in accordance with the requirements of NZS 4404:2004 and Performance Standard 9.3.10 of the Hauraki District Plan.
12. That the consent holder shall upgrade the existing drainage outlet serving the development in accordance with Performance Standard 9.3.20.3 of the District Plan.
13. That the consent holder shall intercept all surface runoff within the boundaries of the subject site and prevent any discharge onto adjoining private or Council property. 
14. That the consent holder shall form and construct the unformed portion of public road from the existing Taylor Avenue formation to the boundary of the subject site in accordance with NZS 4404:2004, including streetlighting, road marking, signage, footpaths and kerb and channel. The design of the road shall incorporate a vehicular turn around area on the public road adjacent to the boundary of the subject site.
15. That the consent holder shall construct a speed control device at the entry to the development from Taylor Avenue in accordance with Standard 9.3.19.3 of the District Plan or as approved by the District Engineer at the time of the development.
16. That the consent holder shall upgrade/ modify Taylor Ave and Bush St junction to a tee intersection form in accordance with NZS 4404:2004 and Austroad Part 5 (intersections at grade). The Kowhai Villa connection (Taylor Ave extension) is to be the minor leg of Taylor Avenue extension with a giveway control installed. The subdivider shall submit a detailed concept plan of the Taylor Avenue extension and new intersection to the District Engineer for consideration and approval prior to any construction commencing.
17. That the design and construction of the internal road within the development shall be undertaken in accordance with the requirements of NZS 4404: 2004 and the submitted plan no 124174-19 unit-2 (Rev 1).  This design shall include kerb and channel, footpath layouts to accomodate mobility scooter use, adequate visibility triangles at entranceways, appropriate road berm drainage, parking, road marking, signage and appropriate street lighting. The design shall accommodate the tracking requirements of an 8m single unit truck.
18. That the consent holder shall register a right of way in favour of Hauraki District Council from the boundary of the subject site with Taylor Avenue to serve the Hauraki District Council pump station site (Lot 2 DPS 25567).
19. The consent holder shall take all measures, including the control of any contractors, during the earthworks and construction period, to ensure that:
1. No earthworks or construction work are to be undertaken on Sundays or outside the hours between 7am to 5:30pm – Monday to Saturday.
2. Noise levels are to comply with Section 9.4.1.3 Construction Noise of the Hauraki District Plan.
3. Dust emissions do not create adverse effects beyond the boundary of the site.
20. That engineering plans and specifications covering all engineering works shall be submitted to the Manager of Planning and Environmental Services for consideration and approval prior to the commencement of any work.
21. That three copies of ‘as-built’ plans shall be submitted to Council upon completion of the construction works. 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.
22. 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 building consent for the first unit on the site for a period of 12 months being the maintenance period required for this development. This bond is to be held by the Hauraki District Council to ensure that all works associated with the development 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 developer present. Any works not up to standard will be required to be remedied by the applicant prior to the release of the bond. Alternatively Council reserves the right to repair any defective works at the applicants cost, with the cost of repairs to be deducted from the bond.
23. 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.
24. 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.
25. 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.

• A separate application under Section 348 of the Local Government Act 1974 to legally create the right of way required by Condition 18 will need to be made to Council once the alignment of the right of way has been finalised.

• 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 meter required by condition 8 of this consent is to be placed on the road frontage just inside the road reserve, within 0.5m of the property/road reserve boundary, or as agreed with the District Engineer. All connections to Council water mains will be undertaken by the Hauraki District Council at the cost of the developer.

• That the subdivider shall provide each dwelling with a separate metered water connection in accordance with NZS 4404: 2004.   The body corporate governing the development shall be responsible for all costs associated with supply of individual meters, reticulation, installation, maintenance and reading of these meters

• Council will not be responsible for future stormwater maintenance within the development.

• During the preparatory earthworks required for the development, any surplus cut material shall be removed and disposed of off-site to approved disposal areas.

• 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.

8. LATE ITEMS

The Chairman will declare the hearing open and advise on the procedure to be followed.

The Council Secretary will read the application and determine:

• If the applicant is in attendance, or represented;
• If there are any witnesses in support.

• If there are any submissioners in attendance;
• If there are any witnesses in support.

The applicant will present the application and call any witnesses in support, and answer any questions from the Councillors.

The submissioners may present their submissions, calling any witnesses in support and answering any questions from the Councillors.

The Planning Officer will present a report and answer any questions from the Councillors.

The applicant now has the right of reply.

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.