HAURAKI DISTRICT COUNCIL
HEARINGS COMMITTEE
MINUTES OF 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
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PRESENT |
Crs D M Carmine (Chairperson), B A Gordon and J M Bubb |
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IN ATTENDANCE |
Messrs P Thom (Planning & Environmental Services Manager), M van Steenbergen (District Planner) S Lye (Consents Engineer), K Thompson (District Engineer), V Hoeberechts (Graduate Planner), J Fox (Consultant Planner) and Ms C Black (Council Secretary) |
APOLOGIES
RESOLVED
THAT the apology of Cr G R Leonard be received and sustained.
HC08/31 Carmine/Bubb CARRIED
LATE ITEMS
There were no late items.
DELEGATED MATTERS
Reports of the matters dealt with by way of delegation from the period 1st April 2008 were submitted separately for the Committee’s information.
RESOLVED
THAT the reports of delegated matters be received.
HC08/32 Gordon/Bubb CARRIED
CONFIRMATION OF MINUTES
MEETING HELD THURSDAY 10 APRIL 2008 (399894)
RESOLVED
THAT the minutes of the meeting of the Hearings Committee held on Thursday 10 April 2008 be taken as read and confirmed.
HC08/33 Carmine/Gordon CARRIED
RESOURCE CONSENT APPLICATION : D A SCHERES - OROKAWA HEIGHTS ROADWAIHI (407815)
A report from the District Planner was presented regarding compliance with the ongoing condition on the title of Lot 12 in relation to the design and appearance of buildings to be erected on the lot.
Staff Report
Ms van Steenbergen presented a report and copies of the following:
Affected persons forms signed
Site, elevation and landscaping plans signed by MacPherson Architecture
Resource Consent Application Form
Assessment of Effects on the Environment Report
A coloured photo montage
Council has now received a building consent application for Lot 12.
Colour charts of the possible exterior colours for the dwelling were presented to the Committee for its consideration.
The covering letter advised that the final choice will be a low blue gray based ‘earth tone’ and the applicants would look to submitting a final choice for the Council’s confirmation during the construction stage.
Guidance was sought from the Committee as to whether or not the proposed overall design of the dwelling and the possible colour scheme comply with the condition.
The Committee was of the view that the design of the dwelling was acceptable, as long as sufficient tall trees were planted, particularly at the corners of the building and, that the colour scheme comprised the "greyer" rather than the "yellower" tones.
The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.
DECISION
BUILDING CONSENT APPLICATION: D A SCHERES - OROKAWA HEIGHTS ROAD WAIHI
After considering all the evidence the Committee:
RESOLVED
THAT the design of the dwelling be approved as complying with the going condition of subdivision consent, attached to Lot 12 DP 207529, Orokawa Heights Road, Waihi subject to:
That sufficient trees, capable of growing to at least the height of the building, be planted around the dwelling to ensure it will sit within the landscape, rather than on it. A landscape plan detailing the species (Cultivars etc) and numbers to be planted shall be submitted for approval prior to the construction commencing.
That the exterior colour scheme be selected from the Dulux Colours of New Zealand Palette 35 and/or 42.
HC08/34 Carmine/Bubb CARRIED
NON-NOTIFIED RESOURCE CONSENT APPLICATIONS
OBJECTION TO SUBDIVISION CONDITIONS
G EKLUND, 6 WAITETE ROAD, WAIHI (406955)
The applicant 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 she thinks the figure should be changed to reflect only the works that would need to be completed along her road frontage.
The applicant also objects to Condition 12 and would like the condition deleted in its entirety on the basis that she does not believe the District Plan provides for this kind of contribution.
A detailed report from the Staff Planner and supporting documents were attached.
A hearing was scheduled for 10.30am. The hearing commenced at 10.35am.
Mr Peter Rogers, Surveyor - Waihi Beach Surveyors (on behalf of) and Mrs G Eklund were in attendance for the benefit of the hearing.
Applicants
Mr Rogers presented his evidence on behalf of the applicant, addressing the urbanisation contribution condition only, as the staff report recommended that the sewer contribution condition be deleted.
Issues of conditions:
Urbanisation Contribution - Mr Rogers advised he believed there is no problem with the formula in the District Plan, only with how it is being applied. The contribution is based on the length of Waitete Road from the subdivision site to the Orchard Road intersection. This amount is considered excessive when compared to the traffic usage that the subdivision will create on the southern portion of Waitete Road.
Mr Rogers believed that the distance to nearest collector road should be used rather than the distance to the nearest arterial road. Mr Rogers stated that the vehicle count along Rata Street is approximately 160 traffic movements per day. He considered traffic travelling into town would use Rata Street and not Orchard Road. The route chosen by staff from the subdivision site to SH2 is also not the shortest route to the nearest arterial road. The shortest route is via Toomey Street. He suggested the contribution be recalculated using this route. Vehicle traffic along this route will be ‘small ‘and ‘no more than ‘minor’.
Planning Officer’s Report
Ms van Steenbergen concluded that a contribution to the new sewer is not applicable for this application. She advised that the urbanisation contribution calculation was done on a consistent basis with others, and in particular, on the same basis as the Committee’s decision on a nearby subdivision (corner of Colebrook and Waitete Roads).
There are various routes of travel to the centre of Waihi.
Mr Lye asked Mr Rogers where he considered the start point for the calculation should be. Mr Rogers considered the start point should be the from the subdivision, then using the most logical route to the town centre, in this case, from the subdivision to Toomey Street.
Mr Lye was asked why there is some dispute over how the contribution is calculated. Mr Lye advised that the District Plan does not provide detailed guidance for calculation of the contribution, leading to possible variations in interpretation.
Right of Reply
Mr Rogers stated that if Waitete Road works are budgeted for in the Annual Plan, the applicant should not be contributing to roading.
In conclusion, he requested that agreement be reached that the roading contribution be calculated using Toomey Street as the shortest and most practical route to the main arterial route into the town centre. He also asked that that the Consent’s Engineers calculation sheet be included with subdivision decisions.
The hearing closed at 11.00am.
The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.
DECISION
G EKLUND, 6 WAITETE ROAD, WAIHI
After considering all the evidence the Committee:
RESOLVED
THAT pursuant to Section 357 of the Resource Management Act 1991 the Hauraki District Council uphold the objection in part:
THAT the objection to Condition 3 be upheld in part and the condition be amended as follows:
THAT the subdivider shall pay a capital contribution of $5,313.39 (plus GST) as a roading contribution for capital works along Waitete Road, in accordance with Rule 10.2.7.3B (a) of the District Plan.
AND THAT the objection to Condition 12 be upheld and Condition 12 be deleted
For the reasons:
The site already has access to the existing sewer reticulation and was not included in the calculations setting the contributions payable towards the Waitete Sewer upgrade.
The Toomey Street route is the most logical and shortest route for future residents of this subdivision to travel to the centre of Waihi.
HC08/35 Carmine/Gordon
CARRIED
Cr Gordon took no part in the following hearing.
OBJECTION TO SUBDIVISION CONDITIONS
J R & R W STRONG, 257 NORTH ROAD, MANGATARATA (406838)
The applicant has objected to Conditions 17 and 18 with reference to Power and Telephone and Condition 23 with reference to payment of a roading contribution and asked that these conditions be deleted from the consent and that an alternative condition be imposed, in relation to power and telephone.
A detailed report from the Consultant Planner and supporting documents were attached.
A hearing was scheduled for 11.00am. The hearing commenced at 11.00am.
Mr and Mrs Strong (Applicants) were in attendance.
Applicants
Mr and Mrs Strong tabled and presented their evidence.
They advised that they had lived on North Road for 30 years and did not accept that it could have an AADT of over 50. The Strong’s produced figures showing discrepancies they felt existed in the staff report and a diagram showing the road and entrances etc along it.
Cr Bubb asked the applicants what record they had of vehicle movements on North Road. The applicants stated that they considered the approximate number of vehicle movements was 4 cars per day - being what they considered a very minimal traffic volume.
Staff Report
Ms van Steenbergen presented the staff report. She advised that the District Plan requires subdividers to provide power and phone connections to each lot created by subdivision. Where only one additional lot is created, Council accepts letters from the respective supply authorities that connections are available at the standard connection fee. If more than one additional lot is being created, it is more efficient and effective for the subdivider to install the connections.
In this particular case, circumstances exist that make alternative (non mains) forms of connection more appropriate.
The Consents Engineer spoke to the roading contribution aspect of the objection. Mr Lye advised that more work had been carried out to establish more accurately the number of vehicle movements on North Road. He tabled amended traffic figures and his recommendations arising from these. Using 6 vehicle movements per dwelling per day an AADT of 55 was established, at the end of seal.
Mr Lye advised that no future growth has been applied into the calculations as he believed there will be limited growth in this area due to its remoteness.
Cr Bubb was concerned about the variances provided by staff of the vehicle count on the road and asked if a more accurate traffic count could be organised. The District Engineer advised that a an AADT figure will always vary due to the assumptions made but advised that he could arrange for a traffic count to be undertaken which would assist in providing a clear and accurate roading contribution calculation.
The Chairperson requested that the hearing be adjourned to allow an actual traffic count to be undertaken by engineering staff. Once this information is to hand, all information will be sent out to applicants for their consideration before the hearing is reconvened.
The hearing was adjourned until further notice at 11.35am
NOTIFIED RESOURCE CONSENT APPLICATIONS
The applicant proposes to subdivide Lot 7 DP 363512 (CT SA 258111) at 47 Orchard Road, Waihi to create two rural residential sites (being one additional lot).
A detailed report from the Consultant Planner and supporting documents were attached.
A hearing was scheduled for 9.15am. The hearing commenced 11.45am (at request of applicants)
Mr John and Mrs Barbara Thomas (Applicants) were in attendance for the benefit of the hearing.
Applicant
Mr Thomas thanked the Committee for undertaking a visit to the site that morning. Mr Thomas presented his submission to the application which included photos of the subject site.
Mr Thomas raised points he disputed as per the staff report on the application.
Mr Thomas stated they are not reducing the amenity value of the area. He agreed that the current rural residential zoning for the area and the sustainable management of the area was appropriate. They have improved the amenity of the area by the clearing of noxious vegetation and replacing with native plantings particularly along the stream and surroundings of the site.
The Chairperson advised Mr Thomas that the Council had to process the application in relation to its current zoning, rather than to a possible future zoning.
Planning Officer’s Report
Ms Fox presented her report.
The subject site is located on the south eastern side of Orchard Road, at the end of a no exit road. It is zoned rural residential and is one of the larger sites in the general area, being 5390m2.
At present the site contains one dwelling located in a complying location within proposed Lot 1. The site is accessed via an existing vehicle crossing with direct frontage to Orchard Road. The site has several mature trees and the outdoor living area serving the dwelling.
The site has an uneven contour, with proposed Lot 1 being generally flat and sitting above proposed Lot 2.
Ms Fox stated that the application does not meet the criteria for the rural residential zone in relation to minimum average lot size and does not promote sustainable management for this reason. The amenity value of the area is compromised by the existence of another dwelling on this smaller area of land (Lot 2). The rural residential character which presently exists is thereby reduced by the siting of an additional dwelling.
Right of Reply
Mr Thomas stated the following points in response to the planner’s report.
Flooding - Mr Thomas did not agree that the site is a flood zone. Lot 2 is well above the 100 year return period flood level.
Mr Thomas disagreed with comment regarding reduction of rural residential amenity of the area. The land currently is rough and has only scrub and bramble growing on it. Development of the land will only enhance the amenity of the area which they have endeavoured to do.
The adverse effects to the area are no more than minor.
Loss of open space - because of the location of Lot 2, being below the level of the other lots in the area, the proposal will have no effect on current open space.
Loss of amenity - they are improving amenity by clearing scrub and undertaking native landscaping. They intend to improve the health of the stream by clearing debris alongside the stream and carrying out the planting of native plant species.
There are already a variety of lot sizes in Orchard Road similar to the subject site.
The proposed site of dwelling is out of sight from other dwellings.
The neighbouring property owners have no issue with application to create an additional lot.
The hearing closed at 12.35pm.
The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.
The meeting adjourned for lunch at 12.40pm
The meeting reconvened at 1.10pm.
Deliberations
The Committee agreed with the applicant’s comment regarding the house site on Lot 2 in that it will be positioned out of sight from the dwelling on Lot 1 and will not unduly affect the outlook from Lot 1, its privacy and quiet.
Also, the Committee agreed that as the land is rough and has no significant value for use other than as a dwelling site, the application does meet the criteria as a Discretionary Activity and consent be granted.
The Committee considered the comments made by Mr Thomas in relation to some of the conditions recommended by the Consents Engineer, and made some amendments thereto. The Committee agreed that Lot 1 need not connect to the sewer but that the road needs to be extended to the base of the slope to ensure a safe entrance can be constructed.
DECISION
J & B THOMAS, 47 ORCHARD ROAD, WAIHI
After considering all the evidence the Committee:
RESOLVED
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 7 DP 363512 (CT 258111), located at 47 Orchard Road, Waihi, into two rural residential titles, on the grounds that:
The amenity value of the area will not be compromised as the subdivision (and in particular Lot 2) is located immediately adjacent to a stream reserve (open space) and the topography also adds to he perception of open space and provides physical separation from the adjoining lots and therefore the effects of granting the subdivision will be no more than minor.
Subject to the following conditions:
General
The subdivision shall be carried out generally in accordance with G.J.D Harder Licensed Surveyors Scheme Plan ref. 06/6, dated January 2006.
That a Community Recreation Facilities Contribution of $1,842.94 plus GST (($2073.30), be paid to Council for the creation of one additional site (Waihi Ward).
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.
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.
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.
Earthworks
That pursuant to section 221 of the Resource Management Act 1991 a consent notice be registered on the title of Lot 2 advising that floor levels of habitable buildings shall be a minimum of 0.5m above the 0.2 AEI Flood Level. This has been determined, by Tonkin and Taylor, as at RL 93.55m.
Should earthworks be carried out as part of the subdivision, the following conditions will apply, with this work to be determined at design approval stage.
That all earthworks shall comply with Part 2: NZS 4404 and NZS 4431 in terms of land stability and foundation treatments
That a geotechnical completion report be prepared for Lot 2 and be certified by a Chartered Professional Engineer, experienced in Geotechnical investigation, in accordance with NZS4404:2004, Schedule 2A and NZS 4431:1989. The geotechnical documentation accompanying the 224 application shall be in accordance with NZS4404:2004 section 2.11.
That an "As Built" plan detailing composite contours of the existing surface shape and of the finished surface shape upon completion of construction, shall be produced and submitted to Council. This shall allow the extent and depth of filling to be easily determined. All subsoil drainage locations/ treatments shall also be detailed.
That the consent holder shall take all measures including the control of any contractors during the construction period, to ensure that construction noise complies with section 9.4.1.3 Construction Noise of the Hauraki District Plan, and that dust emissions do not create adverse effects beyond the boundary of the site.
That any soil spilled or tracked onto any public road during the earthworks and construction shall be removed from the road immediately.
All cut to waste (unsuitable materials) shall be removed and disposed off site to approved disposal areas
The Waitete Stream margin must be protected to avoid silt contamination, scour and erosion. The sub divider must install appropriate silt retention devices in accordance with EW requirements, as necessary, as approved by the District Engineer, HDC, 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
That pursuant to section 221 of the Resource Management Act 1991 a consent notice be registered on the title of Lot 2 advising that a geotechnical investigation of Lot 2 has been undertaken and the resulting report sets out general foundation requirements.
Water
That the subdivider shall provide Lot 2 with a metered water connection at the road frontage, in accordance with NZS 4404: 2004. The meter shall be placed on the road frontage just inside the road reserve, within 0.5m of the property boundary. The connection, including meter, is to be installed by HDC at the cost of the developer.
Sewer
That Lot 1 and Lot 2 shall be provided with connections to the recently installed Council Trunk Main located on the eastern bank of the Waitete Stream
Note: The existing dwelling on Lot 1 is not required to be connected to the reticulation unless/until there is a failure of the existing onsite effluent disposal system. It may be connected to the reticulation at any time.
That the subdivider shall pay for Lots 1 and 2, a capital contribution of $2026.00 + GST per lot (being $4052.00 + GST) towards the cost of upgrading/extending the sewer reticulation.
Stormwater
That a consent notice pursuant to section 221 of the Resource Management Act 1991 be registered against the title of Lot 2 advising that stormwater from all hard surface areas within this Lot shall be discharged into the existing drain located on the eastern side of Orchard Rd in accordance with the requirements of NZS 4404: 2004 and performance standard 9.3.10 of the District Plan.
Access
The proposed extension of Orchard Rd to provide access into Lot 2 shall be constructed to a half road standard in accordance with NZS 4404(2004). A 3m sealed carriageway width is required. This must extend to at least 3m beyond the toe of the current embankment (ie an approximate extension of 50m). Actual termination location to be determined on site with the District Engineer, HDC, prior to design plan approval.
Note: The formation shall be located within the road reserve so that it can readily be extended to full road standard
That a consent notice pursuant to section 221 of the Resource Management Act 1991 be registered against the title of Lot 2 advising that the title deed holder is responsible for ongoing maintenance of the road extension constructed under condition 13 above.
Engineering General
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
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 are to be presented in New Zealand Transverse Mercator Projection. A digital copy of the as built drawings in dxf format is to be provided on CD/ DVD
Power and Telephone
That the subdivider shall provide a power and telephone connection to Lot 2, or written confirmation from the respective supply authorities that these connections are available at the standard connection fee.
Advice Notes
That the developer may require Environment Waikato consent for earthworks due to the adjacent Waitete Stream location and that the earthworks could exceed 1,500m3.
That a Class F (Standard Residential Vehicle Entrance) as specified in Rule 9.3.3.3.E of the District Plan be constructed on Lot 2 at the time of building consent. A 375mm dia class 4 RCRRJ culvert shall be placed in the water channel. A 3 to 1 maximum traversable feather edge slope shall be constructed around this entrance to suit to allow berm mowing.
All existing grass berms and swale drains along Orchard Rd shall be reinstated (contoured, topsoiled and grassed) to the satisfactory of the District Engineer, Hauraki DC
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.
No work may be undertaken on the sewer main by private contractors without prior approval from the District Engineer.
No work may be undertaken on the water main by private contractors.
The construction of the vehicle entrances 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 entrances.
Any work undertaken in the road reserve will require a street opening permit and traffic management plan to 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 unconnected sewer rate will be payable for Lot 1 unless/until it is connected to the sewer reticulation, at which point the connected sewer rate will be payable.
HC08/36 Gordon/Bubb CARRIED
Cr Bubb left the meeting at 1.50pm.
The meeting closed at 2.00pm.
CONFIRMED
D M Carmine
Chairperson
July 2008