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 10 APRIL 2008 COMMENCING AT 9.00AM
L.D. Cavers
Chief Executive
HEARINGS FOR MEETING
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9.05am |
Fencing of Swimming Pool Waiver – A Scott and E Smith - SWIM-03128 |
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9.15am |
Objection to Roading Contribution Consent Condition - A T & H M Irvine |
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10.15am |
Objection to Condition 2, Easement, Condition 4, Vehicle Access, Condition 7 & 8 Sewer, – B F & J E Flooks |
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
3.1 Reports of the matters dealt with by way of delegation from the period 1st January to 1st April 2008 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 MARCH 2008 1-21
RECOMMENDATION
THAT the minutes of the meeting of the Hearings Committee held on Thursday 6 March 2008 be taken as read and confirmed.
The minutes of the meeting of Thursday 20 March 2007 will be tabled at the meeting.
5. MATTERS ARISING FROM THE MINUTES
6. APPLICATIONS FOR EXEMPTION UNDER SECTION 6 FENCING OF SWIMMING POOLS ACT 1987
22-286.1 A SCOTT AND E SMITH - SWIM-03128 (395541)
(23KB)
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 including supporting documents is attached.
A hearing is scheduled for 9.05am.
RECOMMENDATION
THAT the report be received
AND THAT the application from A Scott and E Smith 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 conditions in place, be granted, subject to the following conditions.
That a lockable cover be fitted and used in strict accordance with the specifications as stated in the NZS8500:2006.
That the cover is locked in place when the Spa Pool is not under adult supervision or when the property is vacant.
That the lockable cover is maintained to a standard acceptable under the NZS8500:2006
That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.
Granting the application for exemption will not significantly increase the danger to young children on the basis that the conditions of the waiver are met at all times.
7.
OBJECTION TO CONDITIONSA T & H M Irvine, 21 Princes Street, Waihi (397185)
(41KB)
29-43
The applicant has objected to condition 3 on the basis that the amount of $3,084 plus GST appears excessive for a two lot subdivision. The applicant has proposed that the client would install a footpath when constructing the new vehicle entrances required to service the subdivision.
A detailed report and supporting documents are attached. Additional information from the Consents Engineer pertaining to the roading contribution will be tabled at the meeting.
A hearing has been scheduled for 9.15am
RECOMMENDATION
THAT the report received
AND THAT pursuant to Section 357 of the Resource Management Act 1991 Council dismisses the objection to delete or amend condition 3 of resource consent 2007/08-145) the condition stands as follows:
3. That the subdivider shall pay $3,084 plus GST as a capital contribution toward the cost of foot path installation along Princes Street, in accordance with Rule 10.2.7.3.B(b) of the District Plan.
The applicant (Dunwoodie & Green Surveyors Limited on behalf of) has objected to conditions 2, 4, 7 and 8.
A detailed report and supporting documents are attached.
A hearing has been scheduled for 10.15am
RECOMMENDATION
THAT the report be received
AND THAT pursuant to Section 357 of the Resource Management Act 1991 Council refuses in part the objection to amend the following conditions of resource consent decision no. RC-15405 (30/01/08):
Condition 2 remains;
2. That the easement shown as A on the scheme plan ref; 5615 dated December 2007 be deleted.
Condition 4 shall be deleted and replaced with an Advice Note, as follows;
That the existing entrance to Lot 1 be upgraded to a Class E (Standard Residential Vehicle Entrance) as specified in Rule 9.3.3.3.E of the District Plan by the subdivider at the time of sub division.
New Advice Note:
4. That a Class E (Standard Residential Vehicle Entrance) as specified in Rule 9.3.3.3.E of the District Plan be constructed on Lot 1 at the time of building consent, for a dwelling.
Condition 7 shall be amended as follows;
That a manhole shall be constructed on the sewer line just inside the boundary (western) of proposed Lot 2. The existing line to the west of this manhole will be taken over as public main and no easement will be required over it.
New condition:
That a manhole shall be constructed on the existing sewer line positioned within proposed Lot 2 clear of the existing trees and other vegetation. The existing line to the west of this manhole will be taken over as public main and no easement will be required over it.
Condition 8 shall be amended as follows;
.If a sewer connection is not already in existence, the subdivider shall install a connection for Lot 1. This shall comply with the requirements of NZS 4404: 2004 and performance standard 9.3.7 of the District Plan. The connection stub within shall be capped and marked
8. That the subdivider shall install a connection for Lot 1. This shall comply with the requirements of NZS 4404: 2004 and performance standard 9.3.7 of the District Plan. The connection stub within shall be capped and marked.
The amended conditions shall read as follows:
That pursuant to Section 104A of the Resource Management Act 1991 the Hauraki District Council grant consent to this non-notified controlled activity application to subdivide Lot 1 DPS 332667, located at 14 Parfitt Place, Ngatea into two lots, on the grounds that:
The proposed subdivision has no additional adverse effects on the environment that are more than minor; and
The proposed subdivision will not compromise the objectives and policies of the District Plan.
The subdivision shall be carried out generally in accordance with Dunwoodie & Green Surveyors LTD scheme plan dated December 2007 received 11 December 2007 reference 5615
That the easement shown as A on the scheme plan ref; 5615 dated December 2007 be deleted.
Stormwater
If not already in existence the subdivider shall provide Lot 1 with a piped stormwater connection to the existing reticulation at the time of subdivision. If a new connection is installed then this shall be capped and marked. This shall comply with the requirements of NZS 4404: 2004 and performance standard 9.3.10.
Water
That the subdivider shall provide Lot 1 with a metered water connection at the road frontage, in accordance with NZS 4404: 2004. The meter shall be placed on the road frontage just inside the road reserve, within 0.5m of the property boundary. The connection, including meter, is to be installed by HDC at the cost of the developer
Power and Telephone
That the subdivider shall provide a power and telephone connection to Lot 1 or a letter from the appropriate supply authority stating that there is a connection available at the standard connection fee.
Sewer
That a manhole shall be constructed on the existing sewer line positioned within proposed Lot 2 clear of the existing trees and other vegetation. The existing line to the west of this manhole will be taken over as public main and no easement will be required over it.
That the subdivider shall install a connection for Lot 1. This shall comply with the requirements of NZS 4404: 2004 and performance standard 9.3.7 of the District Plan. The connection stub within shall be capped and marked.
General
Engineering plans and specifications (including back up calculations) for ALL engineering works (sewer, water, stormwater connection, vehicle crossing) shall be submitted to Council for approval prior to any construction/installation taking place.
That three copies of as-built plans be submitted to Council upon completion of construction (sewer, water, stormwater connection, 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.
That a Community Recreation Facilities Contribution of $1935.86 plus GST ($2177.85) be paid to Council for the creation of one additional lot (Plains Ward).
Other
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.
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.
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.
:Advice Notes
Any internal drainage work is to be carried out under a Building Consent.
Any work undertaken in the road reserve will require a street opening permit and traffic management plan be submitted for approval before work commences. Any enquiries regarding this procedure may be directed to Janet Tee at the Paeroa offices, Tel 07-862 8609.
The construction of the vehicle entrance will require a vehicle crossing permit. Please contact Janet Tee at the Paeroa office on ph 07 862 8609 to proceed with the application of the permit before commencement of any work on the entrance.
No work may be undertaken on the sewer mains by private contractors without prior approval from the District Engineer.
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.
That all existing grass berms be reinstated (contoured, topsoiled and grassed) to the satisfaction of the District Engineer.
That a Class E (Standard Residential Vehicle Entrance) as specified in Rule 9.3.3.3.E of the District Plan be constructed on Lot 1 at the time of building consent.
8. 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:
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.
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.