There were no apologies.

There were no late items.

It was requested that the minutes of the meeting of Thursday 6 March 2008 be received and confirmed at the 10 April 2008 meeting as staff were still awaiting a final revision of conditions of consent relating to one of the items considered at the meeting.

NOTIFIED SUBDIVISION CONSENT APPLICATION TO CREATE TWO LOTS IN THE RURAL ZONE : T STEVENS, 9 FLEET STREET, WAIHI (394400) (114KB)

The applicant proposes to subdivide Lot 1 DPS 88716 and create two lots (one additional) Lot 1 – 5888m² and Lot 2 – 5055m² (to be amalgamated with SEC’s 190, 191 & 192 BLK XV Ohinemuri SD).

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

A hearing was scheduled for 9.15am. The hearing commenced at 9.15am.

Mr Peter Rogers, Surveyor, Waihi Beach Surveyors Limited (on behalf of) and Mr Tony Stevens (Applicant) were in attendance for the benefit of the hearing

Mr Rogers provided an overview of the subdivision application. The applicant proposes to subdivide the property to create Lot 1 as shown on the plan of subdivision and to amalgamate Lot 2 with Sections 190, 191 and 192 Block XV Ohinemuri SD. The applicant wishes to sell Lot 1 as a lifestyle block at some time in the future.

The property is located at the northern end of Fleet Street. The property is irregular in shape. The land is Class IV-VI.

Access to the property is from Fleet Street. There is one entranceway in use to the property from Fleet Street.

The increase in traffic movements for one new allotment to be created from this subdivision is considered to be no more than minor.

The new title date of at July 2001 is only due to the addition of Lot 1 to the property for access purposes only. This consent was granted prior to 26 September 2000. The previous title date was 23 February 1956; the proposal therefore complies with the current subdivision rules. Mr Rogers requested that the existing consent notice registered against the title regarding maintenance of Fleet Street, be cancelled. Additional properties are now using Fleet Street and Council has taken over its maintenance.

The site frontage is 77m and is compliant with the rule of 50m.

Mr Gray presented his report.

Mr Gray provided the background to the application. He explained that the subject property was created as a result of a subdivision that was completed on 17 July 2001. The subdivision was effectively a boundary adjustment that created Lot 1 DPS 88716 from the (cancelled) Certificate of Title SA 731/224. The original title (SA 731/224) containing the subject property, comprised land to the south and south west and had a total area of 6.27 ha

The subject property of approximately 1.09ha was subdivided from CT SA 731/224 and amalgamated with Sec’s 190-192 BLK XV Ohinemuri SD, to provide better access to the then proposed building site on Sect 191 BLK XV Ohinemuri SD.

At that time, the proposal was assessed as a non-complying activity as it could not comply with the now superseded rule that did not allow for lifestyle lots within 1km of the Waihi urban area. Given that the proposal was not likely to result in any physical changes and Lot 1 was to be used as an access lot only, consent was granted.

As a condition of the previous subdivision, a consent notice (B668455.5) was placed on the subject property that stated that the access over the unformed road (Fleet Street) be maintained in perpetuity by the owners of Sections 190, 191 and 192 BLK XV Ohinemuri SD and Lot 1 hereon.

In November 2002, M J Smith was granted consent to subdivide the properties to the east of Fleet Street. At that time a consent notice was placed on the title of Lot 5 DP 317877 and Lot 42 DP 2568 to advise the owners that they were responsible for the maintenance of the access from the gateway of Lot 1 DPS 88716 (the subject lot) to the entrance to Lot 5 DP 317877 and Lot 42 DP 2568. Council then took over responsibility of the maintenance of Fleet Street from Symonds Street to the entrance of Lot 1 DPS 88716 (see Council Ref: 81.768.935).

Storm water run off created would be no more than minor and can be mitigated.

Cr Bubb asked for more explanation concerning the issue of stormwater which has been raised by the submitters and owners of properties at 8 Fleet Street and 36 Symonds Street, Waihi. The Committee was advised that there are existing stormwater issues which the submitters have highlighted. The stormwater runoff they are referring to is due to the water channel being blocked in Fleet Street which causes an overflow from 9 Fleet Street onto their properties.

Council took over responsibility of maintaining the road so it is therefore responsible for stormwater drainage e.g. swales etc. Mr Lye stated there is an existing problem with stormwater discharge which requires an upgrade of drain and swales to flow away efficiently.

Mr Stevens advised that the origin of the stormwater is the rainwater running off the hill behind and asked why the stormwater runoff issue had not been addressed by Council when the other two neighbouring properties were developed.

Each lot shall have a minimum road frontage of 50m. Lots are compliant with this rule.

In reference to the traffic movement count in Fleet Street, Cr Leonard asked Mr Rogers what he considered was the average daily vehicle movements along the road. Mr Rogers responded that the average traffic movements per day would be around 25 but considered this a little over optimistic. Traffic numbers would generally be less creating an effect that would be no more than minor.

Mr Rogers responded that he and his client were in agreement with the Staff Planner’s comments and asked that the application be approved in light of the evidence presented.

The hearing closed at 10.00am.

The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.

After considering all the evidence the Committee:

The subdivision shall be carried out generally in accordance with the Waihi Beach Surveyors Scheme Plan ref. 1933, dated 27 September 2007.

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

That Lot 2 hereon be transferred to the owner of SECT 190, 191 & 192 BLK XV Ohinemuri SD and that one Computer Freehold Register be issued to include all parcels (Reference to be arranged).

That Fleet Street shall be extended by the subdivider to provide a suitable access point onto Lot 1. The extension to the street shall be in accordance with the Right of Way standard that is for 1-2 lots in the Rural Zone as specified in Rule 9.3.19.3 of the District Plan. The following design measures shall be included in the construction of the Right of Way:

ii) A 4.0m wide unsealed carriageway shall be constructed.

iii) The Right of Way construction shall intercept and dispose of all surface runoff effectively into the existing swale drains located within the road reserve boundaries of Fleet Street.

iv) The proposed Right of Way shall match evenly into the existing access tracks to the dwelling within Sect 191 BLK XV Ohinemuri SD.

That a consent notice pursuant to Section 221 of the Resource Management Act 1991 be registered against the title of Lot 1 advising the owners that the access over the Right of Way carriageway serving Lot 1 from the entrance to Lot 2 be maintained in perpetuity by the owners of Lot 1 hereon.

That power and phone services shall be extended to the boundary of Lot 1 or that written confirmation is provided from the relevant supply authority stating that power and phone services are available at the lot boundary of Lot 1 at the standard connection fee.

That Engineering plans and specifications covering all engineering works shall be submitted to the Manager of Planning and Environmental Services for consideration and approval prior to the commencement of any work.

That 3 copies of "as-built" plans be submitted to Council upon completion of construction, showing the details required by NZS 4404:2004 Schedule 1D.