ORDER OF BUSINESS

5.1 MR M LENART, 47 KON TIKI ROAD, WHIRITOA (409372) (26KB) 1-3

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

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

A hearing is scheduled for 1.00pm

RECOMMENDATION

THAT the request from Mr Lenart 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 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 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. 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 door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.

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 pool area, and that when activated emits a sound of 85 decibels or more to be heard from the house.

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

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

5.2 MRS HAZELL, 30A CLAREMONT AVENEUE, PAEROA (409380) (28KB) 4-7

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 1.05pm

RECOMMENDATION

THAT the request from Mrs Hazell 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 through the boundary gate to comply with the Act. Section 6 of the Act allows for this specific situation on condition that the gate is fitted with a lock that, when properly operated, prevents the gate from being opened by children. Allowing the exemption would not significantly increase danger to young children.

The waiver is subject to the following conditions:

1. That the boundary gate that provides access into the pool area be fitted with two key operated locks that when properly operated prevents the gate from being readily opened by children.

2. That the boundary gate that provides access into the pool area is locked shut when the pool is not under adult supervision and that the keys are not accessible to children.

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 pool area, and that when activated emits a sound of 85 decibels or more to be heard from the house.

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

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

5.3 J BURNDRED, 14 PROSPECT TERRACE, PAEROA (411818) (25KB) 8-19

The applicant is 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 1.10pm

RECOMMENDATION

That the request from Mr & Mrs Burndred 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 Sleepout 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:

1. That all doors with access from the sleep out 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 doors with access from the sleep out into the pool area are locked shut when the pool is not under adult supervision.

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 pool area, and that when activated emits a sound of 85 decibels or more to be heard from the house.

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

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

The District Engineer will table additional information regarding the vehicle count in relation to the roading contribution calculation.

The hearing will reconvene at 1.15pm.