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(101KB) 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 22 MAY 2008 COMMENCING AT 9.00AM
L.D. Cavers
Chief Executive
HEARINGS FOR MEETING
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Pages |
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9.00am |
Confirmation of Minutes |
1-12 |
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9.15am |
Notified Consent - Subdivision Consent application to create two sites (one additional) in the rural residential zone : J & B Thomas, 47 Orchard Road, Waihi |
13-66 |
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10.30am |
Non-Notified Consent - Objections to Subdivision Conditions : g eklund, 6 Waitete Road, Waihi |
67-80 |
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11.00am |
Non-Notified Consent - Objection to Subdivision Conditions : J R & R W Strong, 257 North Road, Mangatarata |
81-98 |
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11.30am |
D A Scheres, Orokawa Heights Road, Waihi |
99-113 |
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 (407603)
3.1 Reports of the matters dealt with by way of delegation from the period 1st April 2008 are submitted separately for the Committee’s information.
RECOMMENDATION
THAT the reports of delegated matters be received.
4. CONFIRMATION OF MINUTES
RECOMMENDATION
THAT the minutes of the meeting of the Hearings Committee held on Thursday 10 April 2008 be taken as read and confirmed.
5. MATTERS ARISING FROM THE MINUTES
6.
NOTIFIED RESOURCE CONSENT APPLICATIONSSUBDIVISION CONSENT APPLICATION TO CREATE TWO SITES ONE ADDITIONAL) IN THE RURAL RESIDENTIAL ZONE : J & B THOMAS, 49 ORCHARD ROAD, WAIHI (407051)6.1
(101KB)
The applicant proposes to subdivide Lot 7 DP 363512 (CT SA 258111) at 49 Orchard Road, Waihi to create two rural residential sites (being one additional lot).
A detailed report from the Consultant Planner and supporting documents are attached.
A hearing is scheduled for 9.15am.
RECOMMENDATION
THAT the report be received
AND THAT pursuant to Section 104B of the Resource Management Act 1991 the Hauraki District Council decline consent to this Notified Discretionary Activity application to subdivide Lot 7 DP 363512, located at 49 Orchard Road, Waihi into two lots, for the following reasons:
The adverse effects on the amenity and character of the surrounding Rural Residential environment are considered to be more than minor in that the proposal will reduce the open space character of the area, and will not ensure that a variety of site sizes are provided.
The proposed subdivision is contrary to the objectives, policies, assessment criteria and anticipated environmental outcomes for the Rural Residential Zone that seek to establish a low density of development that maintains and enhances amenity values.
The application is not regarded as being consistent with Part II of the Act, in that it will not promote the sustainable management of natural and physical resources. The subdivision has the potential to contribute to a cumulative reduction in amenity and quality of the environment in the Orchard Road Rural Residential area.
It is considered that this application has the potential to impact upon the integrity of the District Plan and to set a precedent for allowing these types of proposals in the Rural Residential zones of the District. The application does not appear to have any aspects which make it unique, and as outlined above is not in line with that envisaged by this District Plan. Therefore if adopting a consistent approach, Council would find it difficult to decline consent for other subdivisions.
7. NON-NOTIFIED RESOURCE CONSENT APPLICATIONS
7.1 OBJECTION TO SUBDIVISION CONDITIONS
The applicant (Waihi Beach Surveyors on behalf of) has objected to conditions 3 and 12. The applicant objects to the amount required to be paid for condition 3 for the reason that it seems substantially higher than other contributions required for other infill subdivisions in Waihi. The applicant has also noted that they think the figure should be changed to reflect only the works that would need to be completed along their road frontage.
The applicant also objects to condition 12 and would like to condition deleted in its entirety on the basis that they do not believe the District Plan provides for this kind of contribution to be required.
A detailed report from the Staff Planner and supporting documents are attached.
A hearing is scheduled for 10.30am.
RECOMMENDATION
THAT the report be received
AND THAT pursuant to Section 357 of the Resource Management Act 1991 the Hauraki District Council uphold the objection in part.
It is recommended that the objection to Condition 12 be upheld and condition 12 be deleted.
It is recommended that the objection to Condition 3 be dismissed and the condition be retained unaltered.
Reasons:
a) The conditions were imposed in accordance with Rule 10.2.7.3(b) of the Hauraki District Plan that authorises the gathering of financial contributions for the upgrading of existing roads and streets in the Urban Zones of the District. There are no unusual or unique circumstances associated with the subdivision that warrants an exemption from the standard method of calculating the financial contribution.
b) Council should be consistent with its decision making, upholding the objection would introduce uncertainty into the interpretation of the rule and thus create the potential for inconsistent administration of the District Plan.
7.2 OBJECTION TO SUBDIVISION CONDITIONS
J R & R W STRONG, 257 NORTH ROAD, MANGATARATA (406838)
(58KB)
The applicant has requested that Conditions 17 and 18 with reference to Power and Telephone be deleted from the consent and that an alternative condition be imposed.
A detailed report from the Consultant Planner and supporting documents are attached.
A hearing is scheduled for 11.00am.
RECOMMENDATION
THAT the report be received
AND THAT pursuant to Section 357 of the Resource Management Act 1991 the objection to delete conditions 17, 18 and 23 of consent RC-15367 and impose a new consent notice condition, be upheld in part.
Conditions 17 and 18 are hereby deleted from the consent RC-15367 and the following consent notice condition is imposed.
C Future landowners are advised that Lots 1 and 2 have consent to be self sufficient with regards to power and telecommunications if the landowner so wishes. If an extension/upgrade to the power and telephone network to provide suitable connection to Lots 1 and 2 is required, then the cost of this extension/upgrade will be the responsibility of the respective landowner.
Condition 23 shall continue to apply to consent RC-15367
It is recommended that the amended consent should read as follows:
Prior to the survey plan being signed pursuant to Section 223 of the Resource Management Act 1991, the following conditions are to be complied with:
1. Pursuant to Sections 243 of the Resource Management Act 1991, any necessary easements including the ROW as required, shall be included in a memorandum of easements endorsed on the survey plan. The applicant shall meet all costs relating to the creation of easements
Purpose Shown Serv. Ten. Dom. Ten. Right Of Way A Lot 1 Lot 2 B Lot 2 Lot 1
2. Any private service leads or drainage lines, where they cross property boundaries shall be protected by an easement and shall be shown on the submitted survey plan within a Memorandum of Easements.
Prior to the completion certificate being signed pursuant to Section 224(c) of the Resource Management Act 1991, the following conditions of consent are to be complied with:
General
1. Unless modified by the following conditions of consent, the development shall proceed in accordance with the plans and information provided with the application, namely:
Resource Consent application prepared by Dunwoodie and Green Surveyors Limited dated 11 October 2007;
The Subdivision Scheme Plan prepared by Dunwoodie and Green Surveyors Limited ref 5596, dated Sep 2007 and amended 6 December 2007;
2. That Engineering drawings and specifications covering all engineering works, including earthworks, road upgrade, vehicle crossings and servicing 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 as per NZS 4404: 2004 and the relevant District Plan standards.
3. 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.
4. The consent holder shall appoint an official representative in respect of engineering works, with whom all correspondence relating to engineering matters, will be undertaken by Council.
5. The construction of all physical works shall be supervised and certified by a Chartered Professional Engineer, or other suitably qualified person for whom Council’s consent has specifically been obtained.
6. All completed works shall be certified by the official representative, or their delegated agent, as in accordance with the approved plans and specifications. All materials used therein are to be certified to be in accordance with the relevant New Zealand standards.
Earthworks
7. The consent holder shall provide Council with a detailed Earthworks Management Plan outlining all earthwork operations and details. No earthworks can commence until approval is given by the Hauraki District Engineer.
8. The consent holder shall ensure that any soil spilled or tracked onto any public road shall be removed from the road immediately.
9. The consent holder shall take measures to ensure that there is no objectionable dust nuisance beyond the boundary of the site. For the purpose of this condition, the dust nuisance shall be considered objectionable if a Council officer considers it so, having regard to the frequency, intensity, and duration of the effects, and any complaints from a member of the public that the effect of the dust was objectionable.
10. The consent holder shall ensure that all earthworks are carried out in accordance with Environment Waikato’s "Erosion and Sediment Control – Guidelines for Soil Disturbing Activities 2003" or as otherwise specified by any relevant consents issued by Environment Waikato.
11. The consent holder shall, within 3 months of the completion of earthworks, regrass or hydroseed all exposed earthworks to achieve a minimum 80% grass strike.
12. Where earthworks are proposed then the consent holder shall ensure appropriate silt retention devices as necessary are in place to protect waterways, as approved by the District Engineer, HDC or as otherwise specified by any relevant consents issued by Environment Waikato. This is required over the duration of the entire earthwork phase. These must be installed prior to any earthwork operation, maintained regularly and dismantled / removed once all bare ground surfaces have been stabilised by vegetation.
Vehicle crossings
13. That the consent holder provide a minimum sight distance of 50m along North Rd either side of the proposed ROW entrance. This may involve sight benching and/ or vegetation clearing.
14. That the consent holder shall reinstate the integrity of North Rd if it is damaged by construction machinery associated with this development. This shall be to the satisfaction of the District Engineer
15. The consent holder shall provide Council with a Traffic Management Plan prior to any works being carried out on North Road. No works can commence until approval is given by the Hauraki District Engineer.
Right of Way
That Rights of Way A and B shall be constructed by the consent holder in accordance with the appropriate standard as specified in Rule 9.3.19.3 of the District Plan. In this case the appropriate standard is that for a right of way less than 250 metres in length, serving 1-2 lots in the Rural zone and the design detailed in the Dunwoodie and Green Surveyors Ltd additional information report (reference 5596) dated 25th February 2008. The proposed water channels either side of the proposed ROW shall be suitably armoured to prevent scour and this includes careful culvert end wall protection.
Administrative
17. 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.
18. 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.
19. 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.
Financial Contributions
20. That a Community Recreation Facilities Contribution of $1,935.86 plus GST ($2177.84 incl GST) per lot shall be paid to Council for the creation of two additional lots (Plains Ward).
21. That the consent holder shall pay $29,821 plus GST ($33,548.63 incl GST) as a roading contribution for capital works along North Rd, in accordance with Rule 10.2.7.3.B (a) of the District Plan.
Consent Notices
22. A Consent notice, pursuant to section 221 Resource Management Act 1991, shall be registered against the relevant certificates of title. These notices shall specify the following conditions as relevant to each lot:
a. For Lots 1 and 2 a specifically designed effluent disposal system, that complies with Environment Waikato’s activity rules shall be certified by an approved Chartered Professional Engineer. This shall comply with the requirements of NZS 4404: 2004, NZS 1547:1998 and performance standard 9.3.7 of the District Plan. This is required at the building consent stage.
b. The exterior of all buildings on Lots 1 and 2, including houses, accessory buildings, garden amenities and fences shall be consistent with the colours contained within Colour Range BS5252 Groups A and B and roofs and walls shall not exceed a reflectivity rating of 40%. The applicant for building consent shall confirm this requirement at the time of application for building consent.
c Future landowners are advised that Lots 1 and 2 have consent to be self sufficient with regards to power and telecommunications if the landowner so wishes. If an extension/upgrade to the power and telephone network to provide suitable connection to Lots 1 and 2 is required, then the cost of this extension/upgrade will be the responsibility of the respective landowner.
8. RESOURCE CONSENT APPLICATION : D A SCHERES - OROKAWA HEIGHTS ROADWAIHI (407815)
(22KB)
Attached is a report from the District Planner regarding compliance to condition of elevation and colour scheme of proposed dwelling for Lot 12, Orokawa Heights, Waihi.
RECOMMENDATION
THAT the report be received.
9. LATE ITEMS