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 THURSDAY 20 SEPTEMBER 2007 COMMENCING AT 1.00PM

L.D. Cavers

Chief Executive

HEARINGS FOR MEETING

1.15pm

Notified Landuse Consent Application to erect and operate a storage shed facility of 31 units - P & P Henderson

3.00pm

Waiver Application Fencing Swimming Pools Act 1987 - D & M R Gollings 05050/031.30

3.10pm

Waiver Application Fencing Swimming Pools Act 1987 - Mr & Mrs Torr - 04680/282.00

3.20pm

Waiver Application Fencing Swimming Pools Act 1987 - Mr & Mrs Aislabie - 04771/527.00

3.45pm

Objection to Menacing Dog Classification - A Reihana

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. DELEGATED MATTERS (01.010.001)

3.1 Reports of the matters dealt with by way of delegation from the period 1st August 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 6 SEPTEMBER 2007

The minutes of the Hearings Committee meeting held on Thursday 6 September 2007 will be tabled at the meeting.

5. MATTERS ARISING FROM THE MINUTES

6. NOTIFIED RESOURCE CONSENT APPLICATION 1-85

6.1 LAND USE CONSENT: TO ERECT AND OPERATE A STORAGE SHED FACILITY OF 31 UNITS WITH ASSOCIATED WASHDOWN AREA, CARPARKS, TOILET, SECURITY FENCING AND LANDSCAPING : P & P HENDERSON, 232 TRIG ROAD SOUTH, WAIHI (85.051.062.20) (88KB)  

The applicant proposes to establish 31 storage units on the site for the commercial storage of boats and general storage.

A detailed report and supporting documents are attached.

A hearing is scheduled for 1.15pm.

RECOMMENDATION

THAT pursuant to Section 104B and 108 of the Resource Management Act 1991 the Hauraki District Council grants consent to a discretionary activity application to construct and operate a storage shed facility with associated carparking and landscaped areas at Waihi Beach Road, Waihi, on the land legally described as Lot 2 DPS 84502, subject to the following conditions and for the following reasons:

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

Stage 1

General

    1. That the activity be carried out in accordance with the information submitted with the application, including:

  • The land use consent application dated 17 May 2007 prepared by Connell Wagner limited Ref: 27201-001-KP-RC;
  • Scheme Plan for Stage 1 prepared by Connell Wagner provided as part of the application;
  • Traffic Impact Assessment prepared by Banks Engineering Consultancy 2004 Ltd dated 14 May 2007;
  • Letter from K Page of Connell Wagner dated 6 August 2007;
  • Letter from K Page of Connell Wagner dated 17 August 2007 which includes hours of operation;
  • Final Setout and Drainage Plan by Connell Wagner.

  1. 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.

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

  1. 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.

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

  1. That any soil spilled or tracked onto any public road shall be removed from the road immediately.

Sediment and Dust Control (Construction Phase)

  1. The consent holder 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.

Landscaping/Screen Planting

  1. Prior to construction of Stage one, the consent holder shall provide Council with a planting plan for the effective visual separation of the subject site from the adjoining property (Lot 1 DPS 84502) and Waihi Beach Road, that details plant species, height and separation distances for the approval of the Planning and Environmental Services Manager.

  1. Prior to operation of Stage one, the consent holder shall carry out the planting, as approved under condition 9, in a good and workmanlike manner to ensure the long term survival of the trees and to the satisfaction of the Planning and Environmental Services Manager.

  1. The consent holder shall maintain the screen planting, and hedgerow to the east of the site, at all times to the satisfaction of the Planning and Environmental Services Manager.

Water

  1. That the consent holder shall install fire hydrants and other fire fighting equipment suitable to extinguish petrol and electrical fires to serve the proposed development. These shall be designed in consultation with the New Zealand Fire Service.

  1. That the consent holder shall provide a water supply in accordance with NZS 4404: 2004 and Performance Standard 9.3.9 of the District Plan. This will be by water tank roof collection and/ or bore.

Stormwater and Wastewater

  1. That a collection, treatment and disposal system for hard surface runoff (sealed carpark manoeuvring area) and wash down grey water, shall be designed and submitted in accordance with Condition 5 above.

The system shall include a grease/oil interceptor trap and shall include disposal of the water clear of the effluent disposal area and farm access and buildings, and include disposal of overflow water from the roof collection tanks.

  1. The consent holder shall ensure that the interceptor trap is emptied and maintained to a standard that ensures that no contaminants enter any water course or the ground water.

Parking

  1. All car parking spaces, loading spaces, internal access and manoeuvring areas shall be formed and drained and thereafter maintained with a permanent all weather dust free surface, such as bitumen, concrete or cobblestones prior to operation/occupation of the facility.

  1. That the ‘parking’ and manoeuvring areas shall be laid out, and clearly marked out, to the satisfaction of the District Engineer, to ensure that ready access for cars and trailers is provided to the storage units.

Vehicle crossings

  1. That a dual Class C (Rural Residential Vehicle Entrance) as specified in the District Plan be constructed by the consent holder at the location shown on the scheme plan. A 300mm dia minimum concrete entrance culvert shall be placed in the existing water channel. This culvert shall meet minimum cover strength requirements

  1. All existing grass berms and swale drains shall be reinstated (contoured, topsoiled and grassed) to the satisfaction of the District Engineer.

Noise

  1. That construction noise shall meet the limits recommended in, and be measured and assessed in accordance with NZS 6803P:1999 to meet performance standard 9.4.1.3.

   20. That the activity shall be conducted so as not to exceed the noise levels of the Rural zone as set out in the District Plan, as follows:

Standard L10 Lmax
Monday to Saturdays    
7.00am - 10.0pm 50dBA NA
10.00pm – 7.00am 40dBA 75 dBA
     
Sunday and Public Holidays    
7.00am - 10.0pm 45dBA NA
10.00pm – 7.00am 40dBA 75 dBA

Noise levels are to be met at the site boundary.

21. The consent holder shall provide and ensure the use of an outboard motor bath which will be used for the flushing of all outboard motors on this site. The outboard motor bath shall be designed, located and screened to ensure the noise standards of the District Plan are complied with.

Archaeological

22. Should any archaeological sites, remains, artefacts, taonga or koiwi be unearthed, dislodged, uncovered or otherwise found or discovered on the site, work in the immediate vicinity of the find shall cease immediately, where upon the area shall be secured and any uncovered material shall remain untouched. The consent holder shall advise the relevant Iwi Authorities, the New Zealand Historic Places Trust and the Hauraki District Council within 48 hours. Any artefacts will be removed in accordance with appropriate Iwi protocols and any legal requirements of the Historic Places Act 1993, which will be implemented prior to work recommencing in the location of the site.

Lighting

The consent holder shall ensure that all lighting be installed, designed, shaded and arranged in order that the level of lighting measured on the boundaries of the site is no greater than 8.0 lux.

Signage

24. The consent holder shall ensure that all advertising signage associated with the facility shall be in accordance with the permitted activity standards of the District Plan (ie one on-site sign, maximum 1.5m˛). Additional land use consents will be required should the proposed signage exceed these standards.

25. The consent holder shall provide appropriate information details at the main entrance gate to the site which sets out:
  • Contact details for management (phone number and address);
  • Hours of operation 5am – 10pm;

The above information shall be either included in the advertising signage referred to in condition 24, otherwise details of the proposed signage (size, wording, location) shall be submitted to the Manager of Planning and Environmental Services prior to erecting on site.

26. The consent holder shall provide appropriate information details within the site which advises of Didymo and the threat to New Zealand Waterways. This information can be obtained from Biosecurity New Zealand.

Administrative

27. 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.

28. 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.

29. 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.

30. Council, pursuant to Section 128 of the Resource Management Act 1991, reserves the right to serve notice on the consent holder of its intention to review the conditions of this consent at any time to deal with any adverse effects on the surrounding environment which may arise from the exercise of the consent.

 

Stage 2 and Stage 3 – (stages can be carried out together or independently)

General

1. That the activity be carried out in accordance with the information submitted with the application, including:

2. 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.

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

4. 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.

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

6. That any soil spilled or tracked onto any public road shall be removed from the road immediately.

Sediment and Dust control (Construction Phase)

7. That the consent holder 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.

Landscaping

8. Landscaping and/or screen planting shall continue to be maintained in accordance with Stage 1 condition 11.

Stormwater and Waste Water

9. Stormwater from the additional hard surfaced area shall be to the system installed for Stage 1. This shall be shown to be adequate to deal with the additional stormwater and greywater or plans shall be submitted in accordance with Condition 13 of Stage 1 for the upgrading of the system

Parking

10. All car parking spaces, loading spaces, internal access and manoeuvring areas shall be formed and drained and thereafter maintained with a permanent all weather dust free surface, such as bitumen, concrete or cobblestones prior to operation/occupation of the facility.

11. That the ‘parking’ and manoeuvring areas shall be laid out, and clearly marked out, to the satisfaction of the District Engineer, to ensure that ready access for cars and trailers is provided to the storage units.

Vehicle crossings

12. Prior to the construction of stages 2 and 3 the consent holder shall provide Council with revised recommendations for the construction and standard of the vehicle crossing and road, in general accordance with the Traffic Impact Assessment prepared by Banks Engineering Consultancy 2004 Ltd dated 14 May 2007. These revised recommendations shall consider the electronic vehicle counts taken after the construction of Stage 1 and consider the need for further upgrading. It is noted that substantial widening of Waihi Beach Road may be required at this stage to maintain the safety and efficiency of the roading environment. The revised plans shall be submitted for approval by the District Engineer prior to beginning works for Stage 2/3 of this development.

13. The consent holder shall upgrade the vehicle crossing and road in accordance with the approved plans provided as part of Condition 12 above of this consent, prior to operation of stage 2/3.

14. All existing grass berms and swale drains shall be reinstated (contoured, topsoiled and grassed) to the satisfaction of the District Engineer..

Noise

15. That construction noise shall meet the limits recommended in, and be measured and assessed in accordance with NZS 6803P:1999 to meet performance standard 9.4.1.3.

16. That the activity shall be conducted so as not to exceed the noise level of the Rural zone as set out in the District Plan as follows:

Standard L10 Lmax
Monday to Saturdays    
7.00am - 10.0pm 50dBA NA
10.00pm – 7.00am 40dBA 75 dBA
     
Sunday and Public Holidays    
7.00am - 10.0pm 45dBA NA
10.00pm – 7.00am 40dBA 75 dBA

Noise levels are to be met at the site boundary.

17. The consent holder shall continue to provide and ensure the use of an outboard motor bath which will be used for the flushing of all outboard motors on this site. The outboard motor bath shall be designed, located and screened to ensure the noise standards of the District Plan continue to be complied with.

Archaeological

18. Should any archaeological sites, remains, artefacts, taonga or koiwi be unearthed, dislodged, uncovered or otherwise found or discovered on the site, work in the immediate vicinity of the find shall cease immediately, where upon the area shall be secured and any uncovered material shall remain untouched. The consent holder shall advise the relevant Iwi Authorities, the New Zealand Historic Places Trust and the Hauraki District Council within 48 hours. Any artefacts will be removed in accordance with appropriate Iwi protocols and any legal requirements of the Historic Places Act 1993, which will be implemented prior to work recommencing in the location of the site.

Lighting

19. The consent holder shall ensure that all lighting be installed, designed, shaded and arranged in order that the level of lighting measured on the boundaries of the site is no greater than 8.0 lux.

Administrative

20. 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.

21. 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.

22. 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.

23. Council, pursuant to Section 128 of the Resource Management Act 1991, reserves the right to serve notice on the consent holder of its intention to review the conditions of this consent at any time to deal with any adverse effects on the surrounding environment which may arise from the exercise of the consent.

Reasons for the Decision:

1. It is considered that the potential or actual adverse effects generated by this proposal will be no more than minor. It is considered that there are relevant permitted baseline comparisons in terms of the visual effects and noise effects associated with the proposal. Overall it is considered that those minor and less than minor adverse effects, such as noise and visual effects, can be avoided, remedied or mitigated by the above conditions of consent.

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

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

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

Advice Notes:

1. You are advised that, pursuant to Section 120 of the Resource Management Act 1991 you have 15 working days after receipt of notification of the decision, or any part of the decision to which it relates to lodge an appeal with the Registrar of the Environment Court, PO Box 7147, Wellesley Street, Auckland.

2. A copy of this consent is to be held on site at all times the activity, which the consent relates to, is being carried out.

3. The consent holder shall ensure that all necessary consents from the Waikato Regional Council have been obtained prior to beginning the works.

4. The sewage disposal generated from this proposal shall comply with Environment Waikato’s permitted activity rules.

5. 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".

 

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

7.1 D & M R Gollings, 102 Savage Road, Waihi - 05050/031.30 (21KB)  86-101

The applicants are seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987.

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

A hearing is scheduled for 3.00pm.

RECOMMENDATION

THAT the application from David and Mary Gollings 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

AND THAT granting the application for exemption will not significantly increase the danger to young children.

7.2 Mr & Mrs Torr, 97 Pouarua North Road, R D 6, Thames - 04680/282.00 (23KB)  102-105

The applicants are seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987.

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

A hearing is scheduled for 3.10pm.

RECOMMENDATION

THAT the request from Mr & Mrs Torr seeking a waiver from the requirement of Clauses 1 to 10 of the Schedule to the Act be granted on the grounds that it would be unreasonable for the Spa pool to comply with the Act. Allowing the exemption would not significantly increase danger to young children.

The waiver is subject to the following conditions:

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

  2. 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.
    3.

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

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

7.3 Mr & Mrs Aislabie, 53 Hayward Road, Ngatea - 04771/527.00 (24KB) 106-109

The applicants are seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987.

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

A hearing is scheduled for 3.20pm.

RECOMMENDATION

THAT the request from Mr & Mrs Aislabie 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 windows are fitted with an inhibitor that, when properly operated, prevents the windows from being opened by children under 6 years of age greater than 100mm. Allowing the exemption would not significantly increase danger to young children.

The waiver is subject to the following conditions:

  1. That all windows with access from the dwelling into the pool area be fitted with an inhibitor that when properly operated prevents the windows from being readily opened by children under the age of 6 years old greater than 100mm.

  2. 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 garage into the immediate pool area, and that when activated emits a sound of 85 decibels or more to be heard from the house.
    3.

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

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

8. NOTICE UNDER SECTION 33A DOG CONTROL ACT (1996) MENACING DOG

8.1 OBJECTION TO MENACING DOG CLASSIFICATION - A REIHANA, 10 CONNELL STREET, WAIHI (63.100.027) (18KB)  110-112

An appeal has been lodged.

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

A hearing is scheduled for 3.45pm.

RECOMMENDATION

THAT the report be received

AND THAT the Menacing Dog classification be upheld.

9. 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.