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 MONDAY 24 NOVEMBER 2008 COMMENCING AT 1.00PM

L.D. Cavers

Chief Executive

　HEARINGS FOR MEETING

1.10pm

Waiver Application - G & M Henderson (SWIM-01286

1.15pm

Waiver Application - Mr Smith (SWIM-01317)

1.20pm

Waiver Application - Mr and Mrs Besamusca (SWIM-01394)

1.25pm

Waiver Application - D & S Shirley (SWIM-03254)

1.30pm

Notified Resource Consent Application to create two lots in the Rural Zone: O Millar

　　

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 for the period 1st October to 1st November 2008 are submitted separately for the Committee’s information.

RECOMMENDATION

THAT the reports of delegated matters for the period 1st October to 1st November 2008 be received.

4. CONFIRMATION OF MINUTES

4.1 MEETING HELD MONDAY 6 OCTOBER 2008 1-5

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Monday 6 October 2008 be taken as read and confirmed.

5. MATTERS ARISING FROM THE MINUTES

6. APPLICATIONS FOR EXEMPTION UNDER SECTION 6 FENCING OF SWIMMING POOLS ACT 1987

6.1 G & M HENDERSON, 3673 SH2, NGATEA WEST - (SWIM-01286) (446483) (25KB) 6-11

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 1.10pm

RECOMMENDATION

THAT the report be received

AND THAT the request from Mr & Mrs Henderson 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 dwelling 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/waiver 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.

  2. That the doors with access from the dwelling 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.

6.2 GLEN SMITH, 13 COUNTY ROAD, KARANGAHAKE, RD4, PAEROA, (SWIM-01317) (442125) (25KB) 12-15

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 1.15pm

RECOMMENDATION

THAT the report be received

AND THAT the request from Mr Smith 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 dwelling 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. Allowing the exemption/waiver 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.

  2. That the doors with access from the dwelling 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.

6.3 Mr & Mrs Besamusca, 18 Lawrence road, Waihi (SWIM-01394) (444156) (25KB) 16-17

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 1.20pm

RECOMMENDATION

THAT the report be received

AND THAT the request from Mr & Mrs Besamusca 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 dwelling 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. Allowing the exemption/waiver 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.

  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.

    6.

6.4 WAIVER APPLICATION FENCING OF SWIMMING POOLS ACT 1987 D & S Shirley (swim-03254) (445903)  (23KB) 18-28

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 1.25pm

RECOMMENDATION

THAT the report be received

AND THAT the application from Dennis & Sharon Shirley 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.

  1. That a lockable cover be fitted and used in strict accordance with the specifications as stated in the NZS8500:2006.

  2. That the cover is locked in place when the Spa Pool is not under adult supervision or when the property is vacant.

  3. That the lockable cover is maintained to a standard acceptable under the NZS8500:2006

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

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

7. NOTIFIED RESOURCE CONSENT APPLICATION

7.1 SUBDIVISION CONSENT APPLICATION TO CREATE TWO LOTS IN THE RURAL ZONE: O MILLAR, 7743 STATE HIGHWAY 2, MACKAYTOWN RC-15550 (447081) (100KB) 29-56

The applicant proposes to subdivide Lot 1 DP 307966 and create two lots (one additional).

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

A hearing has been scheduled for 1.30pm.

RECOMMENDATION

THAT the report be received

THAT pursuant to Section 104B of the Resource Management Act 1991 the Hauraki District Council decline consent to this non-notified discretionary activity application to subdivide Lot 1 DP 307966, located at 7743 State Highway 2, Mackaytown into two lots, for the following reasons:

  • The proposed subdivision is contrary to the relevant policy of the Hauraki District Plan that seeks to facilitate subdivision of lower quality rural land while protecting amenity values and rural character. When viewed in isolation the effects of the proposed subdivision could be viewed as minor, however when viewed in a wider context the subdivision will contribute to a cumulative reduction in the rural character and amenity of the District as a whole.

  • Consent to the proposed subdivision will adversely affect the integrity of Rule 10.1.5.4.B(e) of the Hauraki District Plan and public confidence in the consistent administration of the District Plan. The application that gave rise to the subject title was granted consent on 24 July 2001, approximately 10 months after the ‘threshold’ date, and one further subdivision was granted consent on 31 January 2003. While there are current disputes between parties that appear to generate the requirement for the subdivision, these factors are not in themselves sufficiently mitigating circumstances for Council to grant consent to the current application which represents a significant departure from the title date provision in Rule 10.1.5.4.B(e). While each application must be considered on its own merits, Council if adopting a consistent approach to administration of the District Plan would find it difficult to decline consent for subdivisions of other titles of a similar age if consent were granted to this application.

The following is a list of suggested conditions if Council decides to grant consent:

  1. The subdivision shall be carried out generally in accordance with the Land and Marine Surveyors Scheme Plan ref. 0650_Millar_RC_Rev B, dated 30 July 2008.

  1. That Lot 1 hereon and Sections 261 and 262 and part Section 16 Block XIII Ohinemuri Survey District (part CR 88858) be held in the same computer register (CSN Request 783732).

  1. That Lot 2 hereon and Lot 5 DP 322255 (residue CR 88858) be held in the same computer register (CSN Request 783732).

  1. That the formation of Edwin Street shall be extended / upgraded by the subdivider to provide a suitable access point onto Lot 2. The extension / upgrading of 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 formation:

i) That a 4.0 metre wide metalled carriageway shall be incorporated into the design and formation of the access.

ii) That the formation shall extend into Lot 2 for a minimum distance of 8 metres.

iii) That either traversable metalled formation edges are incorporated into the design and formation of the access or a standard passing bay be incorporated into the design and formation of the access (the location of the passing bay shall be subject to the approval of the District Engineer, HDC at design plan stage).

iv) That the southern junction of the Right of Way linking with the existing sealed portion of Edwin Street be formed at right angles.

v) That the existing access point to Lot 2 DP 307966 be maintained / reinstated.

  1. That a consent notice pursuant to Section 221 of the Resource Management Act 1991 be registered against the title of Lot 2 advising the owners that the access over the unformed road (Edwin Street) from the boundary to Lot 2 to the existing edge of the seal on Edwin Street be maintained in perpetuity by the owners of Lot 2 hereon.

  1. That a consent notice pursuant to Section 221 of the Resource Management Act 1991 be registered against the title of Lot 2 advising the owners that the access to Lot 2 shall be from Edwin Street.

  1. That the subdivider shall provide power and telephone connections to Lot 2 or written confirmation from the relevant supply authorities that these connections are available at the standard connection fee.

  1. That either the internal boundary separating Lot 1 from Lot 2 shall be located a distance greater than 3m from the existing septic disposal field within Lot 1 or the existing septic tank disposal field within Lot 1 shall be relocated a distance of greater than 3m from the internal boundary separating Lot 1 from Lot 2.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

Advice Notes:

  • The subdivider will be required to pay a total of $3,752 plus GST as development contributions for the creation of one additional lot, in accordance with the Hauraki District Council Development Contributions Policy dated 1 July 2008. See schedule below:

Roading Solid Waste District Parks Community Infrastructure Libraries Water Supply Waste water Storm water Land Drainage
$2,623 $11 $209 $207 $67 $636 $0 $0 $0

TOTAL

$3,752

  • A Council water supply is available for Lot 2, situated on the southern corner of Lot 2, located within the road reserve of the unformed Goldfields Road. A metered water connection can be installed by Council, at the cost of the person requiring the connection.

  • 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.

  • All work undertaken in the road reserve will require a street opening permit, traffic management plan and vehicle crossing permit 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.

8. LATE ITEM

　

Procedure for Hearings