There were no apologies.

Pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the Chairperson called for late items to be accepted.

RESOLVED

THAT pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the following late items be accepted for discussion.

- Waiver Application: Fencing of Swimming Pools Act (1987)- 05002/330.00

The item was not on the agenda because the item was unavailable at the time of the agenda deadline.

Discussion on the item could not be delayed because the item required the consideration of the Committee due to a time constraint regarding a current Agreement for and Purchase presently involving the subject property.

HC07/87 Carmine/Bubb CARRIED

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

RESOLVED

THAT the reports of delegated matters be received.

HC07/88 Gordon/Bubb CARRIED

RESOLVED

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

HC07/89 Gordon/Bubb CARRIED

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 was available.

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

Mr and Mrs R Irvine (Applicants) and Mr Andrew Chaplin (on behalf of) were in attendance for the benefit of the hearing.

Mrs Irvine presented a written statement in support of their application to subdivide their property at 42 Lawrence Road, Waihi into two lots.

The applicants advised they have lived at 42 Lawrence Road since purchasing the vacant lot from Council in 2002. They presently live in a shed which has been converted into a house. They now wish to build a new house on the additional lot proposed due to their incapacity to manage the existing lot.

Mrs Irvine stated that she understood that two dwellings were allowed on the site and stated that there was provision at the time of subdivision that property owners were allowed to subdivide in future if they so wished.

Mrs Irvine did not agree with the submission from Ngati Tamatera that the subdivision would impact on the Hauraki Gulf Marine Park. The subdivision of their property would have no impact whatsoever on the Hauraki Gulf Marine Park.

Mr Chaplin presented an aerial photograph of the site and surrounding land.

Mr Chaplin disagreed that the creation of two 2500m2 lots will result in a loss of variety of lot size and presented a table showing a variation of lot sizes already existing in Lawrence Road.

Ngati Tamatera was consulted on the subdivision of the area at the time of subdivision. No historic sites or features were found at the time of subdivision of this land. There is no issue of wastewater entering the Ohinemuri River from the subdivision.

Mr Chaplin did not agree that the subdivision of this lot would compromise the amenity value of the area; due to the fact the applicant’s lot is located close to the industrial area of Dean Crescent and SH2.

A member advised that in consideration of Councils District Plan review, it was agreed that no further subdivision of Lawrence Road is required.

Mr Chaplin stated that this site is larger than other sites at the beginning of Lawrence Road, so felt there should be provision for subdivision due to the larger size of the lots.

Mr Eccles advised that this application was publicly notified and resulted in submissions from two parties.

In regard to Ngati Tamatera submission, there are no recorded items of Iwi interest recorded on this site, the subdivision would not have any affect on the Ohinemuri River and no issues were apparent in relation to effects on the Hauraki Gulf Marine Park.

Mr and Mrs Youle’s submission raised a concern regarding the interference with their views to the river that a double storey house would cause and requested a single storey building only be allowed. Mr Eccles considered that any building would cause interference in some way for the Youle’s.

The application does not meet the average for the existing zoning. The rule is a density control, to avoid the creation of a series of small lots. Approval of the subdivision will compromise the lower density nature and amenity of the rural-residential zone which the District Plan is attempting to create. The subdivision of this lot would set a precedent of cumulative affects which the District Plan is trying to prevent.

Mr Eccles stated if there are two dwellings sited the visual affects would still exist.

The members were of the opinion that the application be supported on the grounds that the subdivision would not set a precedent of creating an environment of multi dwellings within the landscape in the Rural/Residential zone. The neighbouring properties have not risen any major issues of concern to the subdivision, were agreeable that the construction of a single storey dwelling be allowed and there appears to be no issues of access to the subject lots.

Mrs Irvine suggested that a passing bay could be created by using the wide grassed verge of the existing ROW which they presently mow. Mr Chaplin stated that area could be used to create a passing bay but a passing bay is not necessary as the existing ROW presently serves three properties.

Referring to Mr and Mrs Youle’s submission in which they stated they were agreeable to the subdivision if the proposed dwelling was of single storey, Mr Chaplin stated that in this zone, a shed of up to 8 metres high is allowed on the site. Why would a single storey house be an issue?

Mr Chaplin referred to the planner’s comment that the proposed subdivision infringes the minimum average lot area requirement and allows the creation of smaller lots in the Rural/Residential zone. He considered Council has approved subdivision of smaller lots in the Rural/Residential zones elsewhere around Waihi and provided the locality of a number of properties previously granted consent in support of his comment.

In conclusion, Mr Chaplin stated that the Irvine’s proposal stands on its own merits. He stated the application should be approved as it does not impinge on any neighbouring properties, no issues of access will be created, the subdivision does not cause any adverse effect to the Hauraki Gulf Marine Park and the effects to the existing character and amenity value of the area are minor.

The hearing closed at 10.15am.

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

• The effect on the amenity of adjoining sites and the wider area of approval to the subdivision will be minor. This is due to the mitigating effect of adjoining areas of open space, and the permitted baseline of effects for the site that allows two dwellings to be constructed as a permitted activity;

• Council has considered the effect of granting consent to the subdivision on consistency of future decision making. It is not considered that other similarly sized properties along Lawrence Road within the Rural-Residential Zone are capable of being subdivided due to their shape and the limiting effect of the building line restriction generated by the nearby location of the Waihi effluent treatment plant.

• The proposed subdivision is not inconsistent with the relevant objectives and policies of the Hauraki District Plan.

• The proposed subdivision is not inconsistent with the relevant provisions of the Hauraki Gulf Marine Park Act. The proposed subdivision will not foreseeable create adverse effects on the life supporting capacity of the Hauraki Gulf nor will it conceivably restrict public access to and enjoyment of the Ohinemuri River as a tributary of the Hauraki Gulf.

Subject to the following conditions:

1. The subdivision shall be carried out generally in accordance with the G J Harder Scheme plan reference 06/22, dated March 2006, entitled ‘Proposed subdivision of Lot 9 DP 308287’.

Contributions

2. That a Community Recreation Facilities Contribution of $1,842.94 plus GST be paid to Council for the creation of one additional lot (Waihi Ward).

3. That a consent notice pursuant to section 221 of the Resource Management Act 1991 be registered against the title of Lot 2 advising that stormwater from the lot shall be disposed of in accordance with a system as designed by a suitably qualified person in accordance with the requirements of the New Zealand Building Code EI. The design is to be submitted to HDC for approval at the time of building consent, and approval received, before any installation begins.

4. That the subdivider shall provide separate power and telephone connections to each lot in accordance with NZS 4404:2004.

Access

5. That a Class F (Standard Residential Vehicle Entrance) as specified in Rule 9.3.3.3.E of the District Plan be constructed by the subdivider at the entrance to Right of Way D. A culvert is not required.
6. That Right of Way D shall be constructed by the subdivider in accordance with the appropriate standard as specified in Rule 9.3.19.3 of the District Plan. In this case the appropriate standard is that for 1-2 lots in the Rural Residential zone.

8. That the subdivider shall provide Lot 2 with a separate metered water connection, at the "frontage of ROW D with the existing ROW, in accordance with NZS4404:2004. The connection, including meter, is to be installed by HDC at the cost of the developer.

Easements

9. That the following easements be duly granted and reserved:

Purpose	Servient Tenement	Shown	Dominant Tenement
Right of Way and Services	Lot 1	B and D	Lot 2
Right of Way and Services	Lots 8 and 10 DP 308287	A and C	Lot 2
Right of Way	Lot 2	E	Lot 1

10. Engineering plans and specifications (including back up calculations) for ALL engineering works (sewer, water, vehicle crossing) shall be submitted to Council for approval prior to any construction/installation taking place.

11. That three copies of as-built plans be submitted to Council upon completion of construction (sewer, water, vehicle crossing). As-Built drawings 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, levels are to be in terms of Tararu Datum.

12. 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.

13. 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.

14. 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.

• Please note that your street address may change as a result of the subdivision of your property. You will be advised at a later date if this is to be the case. Hauraki District Council follows the Standard New Zealand regulation governing the numbering of all rural and urban properties. This is to ensure the effective and efficient delivery of services and amongst them, emergency services such as fire, ambulance and police etc. Should you have any further queries regarding this matter, please contact the Hauraki District Council.

LANDUSE CONSENT APPLICATION TO ESTABLISH A COMPREHENSIVE RESIDENTIAL DEVELOPMENT : KOWHAI VILLAS DEVELOPMENT LTD, TAYLOR AVENUE, PAEROA (85.002.001) (44KB)

On August 23^rd 2007 the Hearings Committee heard the 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 was available.

A hearing has been scheduled for 10.45am. The hearing commenced at 10.20am due to the applicants advising they would not be in attendance.

Mr Eccles advised that Council has reviewed the amended Kowhai Villa layout in terms of the modifications suggested in the recent draft traffic engineering assessment which identified the following problems:

• Constrained roading layout associated with truck tracking clearances
• Potential property access conflicts
• Overflow parking
• Footpath consideration
• Safety in terms of traffic calming and visibility

The updated plan submitted as part of the Hearing information by J J Cutler satisfactorily addresses most of the above issues. Council engineers consider that the revised layout is now acceptable.

Mr Eccles advised that the applicants accept that provision for visiting parking is appropriate.

Bulk Water metering - Body Corporate is to arrange water metering.

Planning - it has been agreed with Council Planning Department that 19 units instead of 18 be allowed due to the provision of ample communal space.

Community Recreational and Facilities Contribution - applicants have accepted this fee as residents will still use recreational facilities in Paeroa.

It was therefore recommended that the application be approved.

The hearing closed at 10.55am.

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 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:

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

Subject to the following conditions:

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 18 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 accommodate 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 $95.00 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.

HC07/91 Gordon/Carmine CARRIED

The Applicants were not in attendance.

The application has been received seeking an exemption from the fencing of swimming pool requirements.

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.

The hearing commenced at 11.00am.

Mr East explained that the present owner of this property is Mrs A Chell. Mrs Chell has a spa pool which was not signed off at the Code of Compliance stage when she purchased the property from the previous owners, Mr and Mrs Osborne. This was a condition of the sale agreement that Mrs Chell and the Osborne’s had in place 15 months ago at time of sale. On inspection of the spa pool, it was found that the pool fencing was not compliant with the Fencing of Swimming Pools Act 1987.

Mrs Chell advised that she was in agreement that the Osborne’s apply for the waiver and have this issue resolved.

The pool fencing was inspected by Mr East and Mr J Tolley (Building Inspector HDC) on the 4^th September 2007 which found that the direct access via a window from the Kitchen into the pool area now has an inhibiting device fitted that can not be opened greater than 100mm by a child under the age of 6 years old. Subsequently, the Code of Compliance Certificate has now been signed off and it was therefore recommended that the waiver be granted.

The hearing closed at 11.10am.

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 request from Mr & Mrs Osborne 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. Section 6 of the Act allows for this specific situation on condition that the windows are fitted with an inhibitor that, when properly operated, prevents the window from being opened greater than 100mm 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. 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 decision of Council be entered on the title of the land for the information of a future owner.
3. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/92 Carmine/Gordon CARRIED

The meeting closed at 11.50am.

CONFIRMED

D M Carmine

20 September 2007