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(23KB)HAURAKI DISTRICT COUNCIL
HEARINGS COMMITTEE
MINUTES OF 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
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PRESENT |
Crs D M Carmine (Chairperson), B A Gordon, J M Bubb and G R Leonard |
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IN ATTENDANCE |
Ms N Simmonds (Staff Planner), Mr G East (Planner/Monitoring Officer), Mr S Lye (Consents Engineer) and Ms C Black (Council Secretary) |
APOLOGIES
There were no apologies.
LATE ITEMS
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.
Land Use Consent to operate a café, gallery and sculpture garden corner of SH2 and SH25, Waitakaruru : Elizabeth Fyfe-Morgan
The items were not on the agenda because the item was unavailable at the time of the agenda deadline.
Discussion on the items could not be delayed because the requests required consideration by Committee before the next scheduled meeting.
HC08/23 Gordon/Bubb CARRIED
DELEGATED MATTERS
Reports of the matters dealt with by way of delegation from the period 1st January to 1st April 2008 were submitted separately for the Committee’s information.
RESOLVED
THAT the reports of delegated matters be received.
HC08/24 Carmine/Leonard CARRIED
CONFIRMATION OF MINUTES
MEETING HELD THURSDAY 6 MARCH 2008
RESOLVED
THAT the minutes of the meeting of the Hearings Committee held on Thursday 6 March 2008 be taken as read and confirmed.
HC08/25 Bubb/Carmine CARRIED
MEETING HELD THURSDAY 20 MARCH 2008
RESOLVED
THAT the minutes of the meeting of the Hearings Committee held on Thursday 20 March 2008 be taken as read and confirmed.
HC08/26 Bubb/Gordon CARRIED
APPLICATIONS FOR EXEMPTION UNDER SECTION 6 FENCING OF SWIMMING POOLS ACT 1987
A SCOTT AND E
SMITH, 466 AWAITI ROAD, RD2, PAEROA - SWIM-03128 (395541)
(23KB)
The applicants seek 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 was attached.
A hearing was scheduled for 9.05am. The hearing commenced at 9.10am.
The applicants were not in attendance.
Staff Report
Mr East presented his report.
Mr East provided detail on the application and advised that the applicant has fitted a lockable cover to the Spa pool for added security and protection. The cover does meet NZS8500-2006 standards for this situation.
The hearing closed at 9.15am.
The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.
A SCOTT AND E SMITH, 466 AWAITI ROAD, RD2, PAEROA
DECISION
After considering all the evidence the Committee:
RESOLVED
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.
HC08/27 Carmine/Bubb CARRIED
OBJECTION TO CONDITIONS
(41KB)
The applicant has objected to Condition 3 on subdivision consent 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 servicing the subdivision.
A detailed report and supporting documents were attached. Additional information from the Consents Engineer pertaining to the roading contribution was tabled at the meeting.
A hearing was scheduled for 9.15am. The hearing commenced at 9.20am.
The applicants were not in attendance.
Staff Report
Ms Simmonds explained the background to the objection received from the applicants to Condition 3 of subdivision consent.
The Committee were advised that the figure of $3,084 plus GST was calculated incorrectly by Council’s Consents Engineer and requested that the revised figure of $1,333.00 plus GST be approved as the correct contribution required. Additional information explaining the error was tabled by the Consents Engineer for the member’s consideration.
The members approved that this revised figure be accepted.
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.
DECISION
After considering all the evidence the Committee:
A T & H M Irvine, 21 Princes Street, Waihi
RESOLVED
THAT pursuant to Section 357 of the Resource Management Act 1991 Council amends Condition 3 to reflect the correct roading contribution calculation of $1,333.00 plus GST
AND THAT a letter of apology be sent to the applicants.
HC08/28 Bubb/Leonard
CARRIE
The meeting adjourned at 9.20am.
The meeting reconvened at 9.25am.
LATE ITEM
LAND USE CONSENT: TO OPERATE A CAFÉ, GALLERY AND SCULPTURE GARDEN CORNER OF SH2 AND SH25, WAITAKARURU, ELIZABETH FYFE-MORGAN (395807)
The hearing commenced at 9.30am.
Ms Elizabeth Fyfe-Morgan and Mr Geoff Morgan (Applicants) were in attendance for the benefit of the hearing.
Applicants
Ms Fyfe-Morgan presented a statement to the Committee in support of their application to establish an art gallery, sculpture garden and café on the corner of SH2 and SH25 Waitakaruru.
Ms Fyfe-Morgan advised the Committee that she is a sculptor who wishes to establish an art centre which will include a café, gallery and sculpture garden. The centre will allow people to have an interactive experience enjoying artistic sculptures whilst seeking refreshment in the cafe. Ms Fyfe-Morgan explained the layout of the site in detail and advised that the surrounding land owned by them is to be left in its present state of rural character.
Staff Report
The Staff Planner tabled a report from the District Planner which highlighted a number of amendments to the conditions of consent concerning the proposal for the Committee and applicants consideration, as follows:
The Proposal
Change in hours of operation - instead of opening from 10.00am it was proposed that the opening time be amended to 9.00am for both weekdays and weekends and the closing time stay as stated.
Amendment was made to the description of the site for development and more detail of proposed landscaping of the site.
The Site and Locality
The extent of the proposed activity would occupy approx. 1200m2 of the whole site. This area be changed to 1.7ha of the whole site where mentioned.
General Assessment Criteria
1. Performance Standards for the Zone
Additional wording - The mezzanine floor will be residential accommodation for the owner.
Condition 11 - Hours of Operation
That café/gallery and sculpture gardens do not operate outside the following hours:
Daylight saving hours
Monday- Thursday 9am-6pm
Friday – Sunday 9am-10pm
Winter Hours
Wednesday and Thursday 9am-6pm
Friday- Sunday 9am-8pm
It was agreed that these revised times be made subject to the applicant obtaining the written approval of the affected parties to the extended opening hours. If these consents cannot be obtained the opening time is to remain as 10am.
Condition 12 - Landscaping
That detail of the proposed landscaping of the car parking area be submitted to the Manager of Planning and Environmental Services for approval prior to planting.
It was agreed that the applicants provide a plan of the ‘general’ area of the sculpture garden.
Condition 14 - Administrative
That conditions 2, 4, 5, 6, 7, 8, 9 be complied with prior to the operation being opened to the public.
Condition 15 - Administrative
That condition 12, in relation to the landscaping of the carpark and immediate building area be complied with prior to the operation being opened to the public.
It was also agreed that Condition 12 be complied with before the next planting season after the commencement of the activity rather than prior to the commencement.
After consideration of the amendments as proposed by the District Planner and further amendment following consideration by the Committee, the applicants agreed to these as presented.
The applicants disagreed that more detail of the landscape proposal in relation to the sculpture garden area be added as an amendment.
Cr Bubb referred to the traffic volume of the state highways, stating that she had some concern regarding the high volume of traffic SH2 and SH25 receives at peak times of the year.
Staff advised that road safety measures to mitigate the potential adverse effects arising from the activity has been addressed by Nick Carey, Senior Resource Planner of Transit NZ. These measures are the removal of the tree on the left hand side of the road looking towards Thames and that the existing entrance is upgraded to a width of 3.5m outside the continuous white edge line, both sides of the State Highway to allow vehicles to move into this area when turning into the café.
The member’s agreed that it is sensible the hours of operation be changed as these hours are more appropriate for café hours.
Cr Leonard asked how many people generally would be seated in the café at one time. Ms Fyfe-Morgan advised that there will be 25 – 30 tables in total
In relation to the ‘Affected Persons Response’ form signed by Mr Andrew Williams, son of the neighbouring property owners Neville and Angela Williams, Cr Leonard queried the legality of this. Staff responded that this process was legally acceptable but if there was any change made to the original proposal, the Williams would have to be notified of these changes and be requested to sign that they agreed to any amendments made to the original proposal.
Staff report
Ms Simmonds presented a report on the application.
Ms Simmonds advised of all issues of concern raised to the proposal addressing them individually as follows:
Consultation with affected parties:
All affected parties have been advised and have provided their written consent.
Hours of Operation:
Applicants have agreed to the amended hours of operation.
Assessment criteria in Rural Zon
e:Car parking - meets the requirement.
Loading bay can be provided for.
Manoeuvring area is provided for.
Building elevations and style and design is not out of character for the rural environment.
Landscaping:
Landscaping will be undertaken to mitigate amenity effects of building and carparking.
Condition 12 - relating to landscaping around building and car park has been addressed in that a detailed landscape plan be submitted to the Manager, Planning and Environmental Services for approval prior to the opening of the operation.
Ms Simmonds advised that the Committee must consider the landscaping of the sculpture garden separately.
Accessway:
Accessway and car parking area must be sealed (15 car parks) to the standard required and to be approved by Councils’ Consents Engineer, prior to the commencement of any physical works. All access, manoeuvring and car parking areas must be sealed which the applicant has agreed to.
Right of Reply
The applicants advised that they were in agreement of the revised conditions presented and would provide a detailed landscape plan for the areas around the building and the car park. With regards to the sculpture garden, Ms Fyfe-Morgan stated that it is difficult at this stage to advise exactly what type of plants will be planted in the sculpture garden area but stated that their intention is to plant native grass species in this area.
HC08/29 Leonard/ Bubb CARRIED
The hearing closed at 10.05am.
The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.
LAND USE CONSENT: TO OPERATE A CAFÉ, GALLERY AND SCULPTURE GARDEN CORNER OF SH2 AND SH25, WAITAKARURU, ELIZABETH FYFE-MORGAN
DECISION
After considering all the evidence the Committee:
RESOLVED
That pursuant to Section 104B and 108 of the Resource Management Act 1991 the Hauraki District Council grants consent to a non notified discretionary activity application to operate a café, art gallery and sculpture garden workshops/seminars on the land legally described as
Lot 1 DPS 38676, located on the corner of State Highway 25 and State highway 2, for the following reasons:It is considered that the potential or actual adverse effects generated by this proposal will be no more than minor and that those minor adverse effects can be avoided, remedied or mitigated by the conditions of consent.
The proposal is not considered to be contrary to the relevant provisions of the District Plan including the Objective and Policies.
It is considered that those parties who may be potentially or actually adversely affected by this proposal have provided their written approval to the application.
Pursuant to Section 108 of the Act the following conditions shall apply:
General
That the activity be carried out in general accordance with the information submitted with the application, including:
Further information received by correspondence Elizabeth Fyfe-Morgan dated 04th March 2008.
Amended site plan and floor plan of Café received 04 March 2008, reference 401 and plan titled floor plan.
That the existing tree on the left hand side of State Highway 25 looking toward Thames is to be removed.
Signage
That one sign only, with a maximum area of 1.5m2, only, may be erected (at the entrance to the site). Any other signs shall be limited to onsite traffic directional signs.
Vehicle crossings
That the existing entrance shall be upgraded to a modified TNZ Diagram E with a 15m radius (PPM August 2007 revision) (i.e. 3.5m width outside continuous white edge line, both sides of the State Highway).
Parking/ Loading areas
That the applicant shall provide for a minimum of 11 car parks and a loading zone in accordance with the plan provided on the 04th March 2008 reference 401.
That the parking and loading be designed so that vehicles can leave the site in a forwards direction, in accordance with the 90 Percentile Car Tracking Curve Radius in Diagram 4 of Performance Standard 9.3.4.3 of the District Plan. The design for the parking/access area for the site shall be submitted to the Manager of Planning and Environmental Services for approval prior to construction.
That the required parking and loading areas, access ways and turning areas shall be formed and drained and thereafter maintained with an all weather dust free surface such as bitumen, concrete or cobblestones.
That the applicant shall form, mark out and landscape all proposed parking, loading and access areas in accordance with Performance standard 9.3.5 of the District Plan. This is to include the provision of a loading space to the activity.
That Engineering drawings and specifications covering all engineering works (access drive/car park and loading space formation) shall be submitted to the Manager of Planning and Environmental Services prior to commencement of any work for consideration and approval by the District Engineer, HDC.
Noise
That the noise level generated by the activity shall not exceed the following:
L10 LMax
Monday to Saturday 7am to 10pm 50dBA NA
10pm to 7am 40dBA 75dBA
Sundays and Public Holidays
7am to 10pm 45dBA NA10pm to 7am 40dBA 75dBA
Hours of Operation
That café/ gallery and sculpture gardens do not operate outside the following hours, provided the written consent of the affected parties, to a 9am opening time, is provided to Council, otherwise the opening hours shall be 10am as per the application:
Daylight saving hours
Monday- Thursday 9am-6pm
Friday – Sunday 9am-10pm
Winter Hours
Wednesday and Thursday 9am-6pm
Friday- Sunday 9am-8pm
Landscaping
That details of the proposed landscaping of the carparking and loading area be submitted to the Manager of Planning and Environmental Services for approval prior to planting.
That the applicant provide Council with a plan outlining the general area to be used for the sculpture garden
Review
That pursuant to Section 128(1)(a)(i) and (iii) of the Resource Management Act 1991, the Council may review the conditions of this consent for the purpose of dealing with any adverse effects on the environment arising from the exercise of the consent:
Six (6) months from the commencement of the activity and at three (3) yearly intervals thereafter.
Administrative
That conditions 2, 4, 5, 6, 7, 8, 9 be complied with prior to the operation being opened to the public.
That condition 12, in relation to the landscaping of the car park and immediate building area be complied with by the next planting season following commencement of the activity. .
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.
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.
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
Advice Notes
That work within the State Highway will require the prior approval of Transit New Zealand, pursuant to Section 51 of the Transit New Zealand Act 1989. Transit New Zealand’s network consultant will be able to assist you in obtaining these consents. Transit’s consultant is:
Opus International
P O Box 91
PAEROA
Attention: Mr John Kaczon 07 862 7732
The meeting adjourned at 10.05am.
The meeting reconvened at 10.15am.
The applicant (Dunwoodie & Green Surveyors Limited on behalf of) has objected to conditions 2, 4, 7 and 8.
A detailed report and supporting documents was attached.
A hearing was scheduled for 10.15am. The hearing commenced at 10.20am.
Mr Morrie Dunwoodie, Surveyor and Mr and Mrs B Flooks (Applicants) were in attendance for the benefit of the hearing.
Applicant
Mr Dunwoodie addressed all conditions of concern as follows:
Easement Condition 2
- accepted this condition.Vehicle Access and crossing Condition 4 – satisfied with the vehicle crossing.
Sewer Condition 7 & 8 – asked that this condition be amended to require that a manhole be constructed on the existing sewer line positioned within proposed Lot 1 clear of the existing trees and other vegetation but as close to the boundary as possible. The existing line to the west of this manhole will be taken over as public main thereby eliminating the need for an easement.
Staff Report
The Staff Planner advised that the sewer must be constructed as close as practical to the Lot 1 boundary which would exclude the necessity for an easement. All other conditions have been agreed with the applicants.
The hearing closed at 10.30am.
The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.
B F & J E FLOOKS, 14 PARFITT PLACE, NGATEA
DECISION
After considering all the evidence the Committee:
RESOLVED
THAT the report be received
AND THAT pursuant to Section 357D 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
Condition 4
Condition 7 and 8
Condition 2 remains;
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;
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 existing sewer line positioned within proposed Lot 1 as close to the boundary as possible and 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;
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 1 as close to the boundary as possible and 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, for a dwelling.
HC08/30 Carmine/Gordon CARRIED
The meeting closed at 10.55am.
CONFIRMED
D M Carmine
Chairperson
8 May 2008