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 21 AUGUST 2008 COMMENCING AT 9.00AM

L.D. Cavers

Chief Executive

HEARINGS FOR MEETING

9.15am

Waiver Application Fencing of Swimming Pool - W Martin

9.20am

Waiver Application Fencing of Swimming Pool - M Edwards

9.30am

Non-notified Subdivision Application to subdivide Lot 1 DPS 24715 into two residential lots - D L Fairgray

10.30am

Non-notified Subdivision Application to create three Residential Sites (one additional title) - S R & S M Lobb

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 for the period 1st July to 1st August 2008 are attached separately for the member’s information.

RECOMMENDATION

THAT the reports of delegated matters for the period 1st July to 1st August 2008 be received.

4. CONFIRMATION OF MINUTES

4.1 MEETING HELD THURSDAY 24 JULY 2008 1-11

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Thursday 24 July 2008 be taken as read and confirmed.

5. MATTERS ARISING FROM THE MINUTES

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

9;

6.1 W MARTIN, 10 KENNY STREET, WAIHI (422623) (23KB) 12-16

The applicant is seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for his spa pool.

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

A hearing is scheduled for 9.15am.

RECOMMENDATION

THAT the staff report be received

AND THAT the application from W Martin 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.

  1. That a lockable cover be fitted and used in strict accordance with the specifications as stated in the NZS8500:2006.

    2.

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

    3.

  3. That the lockable cover is maintained to a standard acceptable under the NZS8500:2006

    4.

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

    5.

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.

6.2 MRS M EDWARDS, 33 TAYLOR AVE, PAEROA (424748 – SWIM-00363) (25KB) 17-21

The applicant is seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for her swimming pool.

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

A hearing is scheduled for 9.20am.

RECOMMENDATION

THAT the staff report be received

AND THAT the request from Mrs Edwards 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 garage to comply with the Act. Clause 11 of the Schedule to the Act allows for this specific situation on condition that the doors are fitted with a lock that, when properly operated, prevents the door from being opened 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. That all doors with access from the garage into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years.

  2. That the door with access from the garage into the pool area is locked shut when the pool is not under adult supervision.

    3.

  3. 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 poolHTTP/1.1 100 Continue area, and that when activated emits a sound of 85 decibels or more to be heard from the house.

    4.

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

    5.

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

7. NON-NOTIFIED RESOURCE CONSENT APPLICATIONS

7.1 APPLICATION TO SUBDIVIDE LOT 1 DPS 24715 INTO TWO RESIDENTIAL LOTS - D & L FAIRGRAY – 5 MORAY PLACE, WHIRITOA (RC-15521 / 427422) (220KB) 22-50

The applicant proposes to subdivide Lot 1 DPS 24715, located at 5 Moray Place, Whiritoa into two residential allotments

A detailed report and supporting documents from the Consultant Planner are attached.

A hearing has been scheduled for 9.30am.

RECOMMENDATION

THAT the staff report be received

AND 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 1 DPS 24715, located at 5 Moray Place, Whiritoa, into two residential allotments, on the grounds that:

  • The proposed subdivision has no adverse effects on the environment that cannot be adequately mitigated by appropriate conditions;

  • An additional dwelling could be erected on the subject property as a permitted (land use) activity; and

  • The proposal is consistent with the intensity, form and character of the surrounding residential activities in the area.

    •

    Subject to the following conditions:

    1. The subdivision shall be carried out generally in accordance with amended Waihi Beach Surveyors scheme plan reference 1944E dated 24 June 2008 received 25 June 2008, except as amended by the conditions below.

    Contributions

    1. That a Community Recreation Facilities Contribution of $1,842.94 plus GST ($2073.30) be paid to Council for the creation of one additional lot (Waihi Ward).

    Legal

    1. That the following easements be created:

    Memorandum of Easements

    Easement

    Servient Tenement

    Dominant Tenement

    Right of Way ‘A’

    Lot 1

    Lot 2

    Stormwater Drainage

    1. That a consent notice pursuant to section 221 of the Resource Management Act 1991 be registered against the Certificate of Title of Lot 1 advising that stormwater from the said lot (including roof water from all future roofed structures) shall be disposed of via an on site system as designed by a suitably qualified person (approved by Council) in accordance with the requirements of the New Zealand Building Code EI.　

    1. That the existing stormwater system reticulating the existing hard surface run off from Lot 2 be upgraded and disposed of via an on site system as designed by a suitably qualified person (approved by Council) in accordance with the requirements of the New Zealand Building Code EI.　

    1. That Right of Way ‘A’ shall be designed to contain and dispose of stormwater within the proposed boundaries of Right of Way ‘A’. This shall be designed to the satisfaction of the HDC District Engineer.

    NOTE: Any new stormwater system is to be installed under building consent.

    Power and Telephone

    1. That the subdivider shall provide power and telephone connections to Lot 1, or written confirmation from the respective supply authorities that these connections are available at the standard connection fee.

    Sewer

    1. That Lots 1 and 2 be reticulated for sewage disposal in accordance with the requirements of NZS 4404: 2004 and performance standard 9.3.7 of the District Plan.　 The connection stub for Lot 1 shall be end capped and marked.

    1. That the existing sewer connection to Lot 2 shall be reused for Lot 1 and a new sewer connection shall be provided to Lot 2. The new connection to Lot 2 shall be located adjacent to the north eastern boundary of Lot 1, clear of the Lot 1 building platform.

    1. That the length of the any private sewer passing through Lot 1, which serves Lot 2, shall become public sewer.　 This will require an inspection chamber (or as approved) installed within Lot 2 adjacent to Lot 1.　 All works shall be constructed/upgraded in accordance with the requirements of NZS4404:2004 and the performance standard 9.3.7 of the District Plan.

    NOTE: A building consent will be required for any internal drainage work

    Access

    1. That the existing hedge located on the northern boundary of this development shall be removed over the extent of the proposed ROW (A) and the proposed access leg for Lot 1.

    1. That the existing garage and deck within Lot 2 shall be cut back or removed to ensure that no part of the deck is located within the Lot 1 access leg and that the garage is clear of the 1.5m yard requirement.

    1. That the proposed access leg width for Lot 1 be locally reduced from 3.5m to 3.0m at the northern most section of the access leg.

    1. That Right of Way ‘A’ shall be constructed in accordance with the standard for a Right of Way serving 1-3 lots in the Residential Zone, as outlined in Rule 9.3.19.3 of the District Plan.

    1. That the following design measures shall be implemented for the upgrading of the existing Right of Way:

    1. That the existing Right of Way paved/ hard surface area width be widened to the full existing legal width of 4.56m using gobi blocks.　　　　

    2. The stormwater runoff from the upgraded Right of Way shall continue to be directed in to the existing kerb and channel located on Moray Place.

    3. That the existing entrance to the Right of Way 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 developer at the time of sub division.

    4. That a speed-hump be installed within the existing Right of Way in an appropriate location to be approved by the District Engineer, HDC.

    Engineering General

    1. 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.

    1. 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.

    1. 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.

    1. 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.

    1. 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 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, HDC.

    • 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.

    7.2 SUBDIVISION APPLICATION TO CREATE THREE RESIDENTIAL SITES (ONE ADDITIONAL TITLE) S R & S M LOBB, 18 B COUNTY ROAD, KARANGAHAKE (RC- 15422 DOC 395715) (144KB) 51-83

    The applicant proposes to subdivide Section 74 Blk XIII Ohinemuri SD (CT SA5A/231) and Lot 1 DPS 86120 and Sec 245 Blk XIII Ohinemuri SD (CT SA 67D/903) at 18 B County Road, Karangahake, into three residential allotments.

    A detailed report and supporting documents from the Consultant Planner are attached.

    A hearing has been scheduled for 10.30am.

    RECOMMENDATION

    THAT the staff report be received

    AND THAT pursuant to Section 104B of the Resource Management Act 1991 the Hauraki District Council grant consent to this discretionary activity application to subdivide Section 74 Blk XIII Ohinemuri SD (CT SA5A/231) and Lot 1 DPS 86120 and Sec 245 Blk XIII Ohinemuri SD (CT SA 67D/903), located at 18B County Road, Karangahake, into three residential allotments, and to depart from the minimum site size of Lot 1 hereon and Lot 2 hereon for sites to be serviced by on-site domestic effluent systems (as specified in Section 9.3.7.3 – 1), to allow reduced sightlines for the access point to Lot 2 (as specified in Section 9.3.3.3 – A) and to depart from the requirement to upgrade the unformed legal road to urban road standards (as specified in Section 9.3.17.3 – A) of the District Plan on the grounds that:

    • The proposed subdivision has no adverse effects on the environment that are more than minor;

    • The sites can all be independently and appropriately serviced for sewer, water, stormwater, telecommunications, electricity and access;

    • The proposal is consistent with the intensity, form and character of the surrounding residential activities in the area.

    Subject to the following conditions:

    1. The subdivision shall be carried out generally in accordance with Land & Marine Surveying Ltd. Scheme plan reference 0550_Lobb_RC_Rev B dated 10 January 2008 except as amended by the conditions below.

    1. That a Community Recreation Facilities Contribution of $1,529.26 plus GST be paid to Council for the creation of one additional lot (Paeroa Ward).

    1. That the subdivider shall pay $5,063.83 + GST as a capital contribution toward the cost of improving (sealing) Terrace Road, in accordance with Rule 10.2.7.3.B(a) of the District Plan.

    Water

    1. That the existing water connection serving Lot 3 hereon from Terrace Road be disconnected and capped, and utilised for Lot 2.

    1. That the subdivider shall provide Lot 1 hereon and Lot 3 hereon each with a metered water connection at the road frontage, in accordance with NZS 4404: 2004. The meter shall be installed on the existing paper road frontage approximately 0.5m from the property boundary. Both meters should be clear of all potential future vehicle wheel track paths. All reticulation, including meters, is to be installed by HDC at the cost of the developer (see advice note).

    1. That the existing dwelling on Lot 3 hereon be connected to the new water connection required in condition 5 above.

    Sewer

    1. That a consent notice pursuant to section 221 of the Resource Management Act 1991 be registered against the title of Lot 1 hereon advising that on-site effluent disposal shall be in accordance with the proposed design as detailed in the Duffill Watts Consulting Group: On Site Effluent Disposal Report, reference 42044, dated 8th February 2007 and performance standard 9.3.7 of the District Plan or an alternative design by an approved suitably qualified person that meets the requirements of Environment Waikato rule for 3.5.7.6 for new improved systems. 　

    1. That a consent notice pursuant to section 221 of the Resource Management Act 1991 be registered against the title of Lot 2 hereon advising that sewerage disposal shall be in accordance with the proposed design as detailed in the Duffill Watts Consulting Group: On Site Effluent Disposal Report, reference 215872, dated 11th March 2008 and performance standard 9.3.7 of the District Plan or an alternative design by an approved suitably qualified person that meets the requirements of Environment Waikato rule 3.5.7.6 for new improved systems.

    Stormwater

    1. That a consent notice pursuant to section 221 of the Resource Management Act 1991 be registered against the titles of Lot 1 hereon and Lot 2 hereon advising that stormwater from any buildings on the lots shall be disposed to an on-site system designed by a suitably qualified person in accordance with the requirements of the New Zealand Building Code EI and as approved by the HDC District Engineer. Please note Council holds a report prepared by Duffill Watts Consulting Group: On Site Effluent Disposal Report, reference 215872, revision 2.0, dated 11th March 2008 which outlines soakage details and stormwater disposal options for Lot 1.

    Access

    1. That the existing access to Lots 1 and 3 hereon be upgraded to a half road standard in accordance with NZS 4404: 2004 requirements. This shall include the following:

    a. A 3 metre seal width with formed/grassed swale drains.

    b. The existing grassed strip located centrally within the existing driveway be removed, including all organic materials and back filled with a suitable pavement structure

    c. That the existing metalled turning area be upgraded and sealed to form a suitable turning facility as approved by the HDC District Engineer

    d. All stormwater from the upgraded (sealed) road shall be intercepted and disposed of into the existing water channels along County Rd.　

    e. That the seal edges are contoured to ensure that the edges are traversable.

    f. That the final design treatment of the above be as approved by the HDC District Engineer

    1. That a modified Class F (Standard Residential Unkerbed Vehicle Entrance) as specified in Rule 9.3.3.3.E of the District Plan be constructed by the subdivider to Lots 1 and 3 at the location shown on the scheme plan.　 A 300mm dia minimum concrete entrance culvert shall be placed in the existing water channel or as approved by the HDC District Engineer.　 This culvert shall meet minimum cover strength requirements.　 A 3 to 1 maximum traversable feather edge slope shall be constructed around this entrance to provide suitable mowing slopes.

    1. That pursuant to section 221 of the Resource Management Act 1991 a consent notice be registered on the titles of Lots 1 and 3 hereon advising that the access to the lots on the public road is not maintained by Council. Maintenance will be the responsibility of the owners of Lots 1 and 3.

    1. That pursuant to section 221 of the Resource Management Act 1991 a consent notice be registered on the title of Lot 2 hereon advising that a vehicle crossing may only be constructed at the apex of the corner, with the location to be approved prior to construction by the District Engineer. The crossing shall be a class F (Standard Residential Unkerbed Vehicle Entrance) as specified in Rule 9.3.3.3.E of the District Plan.

    Earthworks: General

    1. That pursuant to section 221 of the Resource Management Act 1991 a consent notice be registered on the title of Lot 2 hereon stating that a geotechnical investigation of the subdivision has been undertaken (Duffill Watts Consulting Group: Geotechnical Inspection Report, reference 42044, dated 8th February 2007) and that foundations (and retaining walls) for any building will require engineering design by a Chartered Professional Engineer.

    Engineering: General

    1. That Engineering drawings and specifications covering all engineering works 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

    1. That copies of "as built" plans shall be submitted to Council upon completion of construction. 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 (water meters) are to be presented in New Zealand Transverse Mercator Projection.

    Power and Telephone

    1. That the subdivider shall provide a power and telephone connection to Lot 1 hereon and Lot 2 hereon, or written confirmation from the respective supply authorities that the connections are available at the standard connection fee.

    Other

    1. 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.

    1. 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.

    1. 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:

    • No work may be undertaken by private contractors on the public water main.

    • 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.

    • 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.

    • It is recommended that a single water main be constructed within the unformed road, to serve Lots 1 and 3.

    • To achieve an outdoor living court complying with rule 9.2.5 of the district plan on Lot 2, terracing may be required.

    　

    8. LATE ITEM