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 7 FEBRUARY 2008 COMMENCING AT 9.00 AM
L.D. Cavers
Chief Executive
HEARINGS FOR MEETING
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9.15am |
Waiver Application Fencing Swimming Pools Act 1987 – T M Pettifer (04750/043.01) |
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9.20am |
Waiver Application Fencing Swimming Pools Act 1987 – P & C O’Reilly (04760/005.00) |
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9.25am |
Waiver Application Fencing Swimming Pools Act 1987 – A Forsyth (04710/038.07) |
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9.30am |
Waiver Application Fencing Swimming Pools Act 1987 – McInnes (05030/537.00) |
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9.35am |
Waiver Application Fencing Swimming Pools Act 1987 – T Chaplin (05050/031.13) |
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9.40am |
Waiver Application Fencing Swimming Pools Act 1987 – S A Carter (05052/015.00) |
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9.45am |
Waiver Application Fencing Swimming Pools Act 1987 – W G & L McCarthy (04710/218.07) |
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10.00am |
Appeal: Notice of Retention of Dog Threatening Public Safety - Katherine Stevens |
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 1st October to 1st December 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 13 DECEMBER 2007
The minutes will be tabled at the meeting.
RECOMMENDATION
THAT the minutes of the meeting of the Hearings Committee held on Thursday 13 December 2007 be taken as read and confirmed.
5. MATTERS ARISING FROM THE MINUTES
6.
APPLICATIONS FOR EXEMPTION UNDER SECTION 6 FENCING OF SWIMMING POOLS ACT 19876.1 MRS J M Pettifer, 15 Kaikahu Road, Kerepehi (04750/043.01) (382359) 1-6
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 9.15am.
RECOMMENDATION
That the request from Mrs Pettifer 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 doors 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:
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.
That the doors allowing access from the garage into the pool area is locked shut when the pool is not under adult supervision.
That the decision of Council be entered on the title of the land for the information of a future owner.
That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.
6.2 P & C O’REILLY, 11 FISHER ROAD, RD1, PAEROA (04760/005.00) (378009) 7-11
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 9.20am.
RECOMMENDATION
That the application from Mr & Mrs O’Reilly 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.
6.3 MS A FORSYTH, 171 OPARIA ROAD, TURUA, THAMES (04710/038.07) (377888) 12-18
The applicant is seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for her spa pool.
A detailed report from the Monitoring Officer including supporting documents is attached.
A hearing is scheduled for 9.25am.
RECOMMENDATION
That the application from A Forsyth 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.
6.4 MR & MRS MCINNES, 30a ADAMS STREET, WAIHI (05030/537.00) (380972) 19-28
The applicants are seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for their swimming pool.
A detailed report from the Monitoring Officer including supporting documents is attached.
A hearing is scheduled for 9.30am.
RECOMMENDATION
That the request from Mr & Mrs McInnes 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 door is fitted with a lock that, when properly operated, prevents the door from being opened by children under 6 years of age. In addition, Mr & Mrs McInnes seek from the Committee a waiver to allow him to fit inhibitors to the windows that allow direct access to the immediate pool area, under section 6 of the Act. Allowing the exemption would not significantly increase danger to young children.
The waiver is subject to the following conditions:
That all doors with access from the dwelling 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.
That 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.
That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
That the decision of Council be entered on the title of the land for the information of a future owner.
That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.
6.5 MRS T CHAPLIN, 83 BULLTOWN ROAD, WAIHI (05050/031.13) ((380990) 29-32
The applicant is seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for her spa pool.
A detailed report from the Monitoring Officer including supporting documents is attached.
A hearing is scheduled for 9.35am.
RECOMMENDATION
That the application from T Chaplin 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 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.
That the decision of Council be entered on the title of the land for the information of future owners.
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.
6.6 MS S A CARTER, 16 WHIRITOA BEACH ROAD, WHIRITOA (05052/015.00) (380975) 33-42
The applicant is seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for her spa pool.
A detailed report from the Monitoring Officer including supporting documents is attached.
A hearing is scheduled for 9.40am.
RECOMMENDATION
That the application from S Carter 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.
6.7 W G & L McCARTHY, 18 HAURAKI ROAD, TURUA, THAMES (04710/218.07) (380965) 43-48
The applicants are seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for their swimming pool.
A detailed report from the Monitoring Officer including supporting documents is attached.
A hearing is scheduled for 9.45am.
RECOMMENDATION
That the request from Mr & Mrs McCarthy 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 door is fitted with a lock that, when properly operated, prevents the door from being opened by children under 6 years of age. In addition, Mr & Mrs McCarthy seek from the Committee a waiver to allow him to fit inhibitors to the windows that allow direct access to the immediate pool area, under section 6 of the Act. Allowing the exemption would not significantly increase danger to young children.
The waiver is subject to the following conditions:
That all doors with access from the dwelling 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.
That 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.
That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
That the decision of Council be entered on the title of the land for the information of a future owner.
That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.
7.
NOTICE OF RETENTION OF DOG THREATENING PUBLIC SAFETY UNDER SECTION (71) DOG CONTROL ACT 19967.1 MS KATHERINE STEVENS, 10A NAHUM STREET, PAEROA (384152) 49-53
An appeal has been lodged.
A detailed report from the Dog Control Officer and supporting documents is attached.
A hearing is scheduled for.10.00am.
RECOMMENDATION
THAT the Section 71 Notice be upheld.
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.