HAURAKI DISTRICT COUNCIL

HEARINGS COMMITTEE

　

MINUTES OF A MEETING OF THE HEARINGS COMMITTEE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON MONDAY 16 FEBRUARY 2009 COMMENCING AT 9.00AM

　

PRESENT

Crs D M Carmine (Chairperson), B A Gordon, J M Bubb and G R Leonard
　 　

IN ATTENDANCE

Messrs P Thom (Planning & Environmental Services Manager), R Bierre (Regulatory Manager), G East (Monitoring Officer), M Sexton (Dog Control Officer), G Adams (Dog Control Officer) and Ms C Black (Council Secretary)

APOLOGIES

There were no apologies.

　

LATE ITEMS

There were no late items.

　

DELEGATED MATTERS

Reports of the matters dealt with by way of delegation for the period 1st November 2008 to 1st February 2009 are submitted separately for the Committee’s information.

RESOLVED

THAT the reports of delegated matters for the period 1st November 2008 to 1st February 2009 to be received.

HC09/01 Gordon/Leonard CARRIED

CONFIRMATION OF MINUTES

MEETING HELD MONDAY 8 DECEMBER 2008

RESOLVED

THAT the minutes of the meeting of the Hearings Committee held on Monday 8 December 2008 be taken as read and confirmed.

HC09/02 Bubb/Carmine CARRIED

　

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

Note: Cr Leonard took no part in the hearing.

J A LEONARD, 125 NORTH ROAD, MANGATARATA (458880) (SWIM – 03353) (23KB)

The Applicant is 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 was presented.

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

The Applicant was not in attendance.

Staff Report

Mr East advised that the applicant has fitted a lockable cover to the Spa for added security and protection and the top meets the NZS8500-2006 standards for this situation.

The spa has a hard cover that is lockable as per specifications. The Spa Pool is compliant with the NZS 8500: 2006 Standard 3.10.

Council has granted an exemption for similar spa pool covers on other properties within the Hauraki District.

The hearing closed at 9.20am.

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

J A LEONARD

DECISION

After considering all the evidence the Committee:

RESOLVED

THAT the application from J A Leonard 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.

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

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

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

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

Granting the application for exemption will not significantly increase the danger to young children on the basis that the conditions of the waiver are met at all times.

HC09/03 Bubb/Gordon CARRIED

　

B G LOUDEN, 7 RARATUNA STREET, TURUA (458893) (SWIM-00480) (25KB)

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 was presented.

A hearing was scheduled for 9.20am. A hearing commenced at 9.20am.

The Applicants were not in attendance.

Staff Report

Mr East advised that the pool area has a pool fence that complies in part with the Fencing of Swimming Pools Act, but there is direct access via a sliding door and rear door from the dwelling into the pool area. Council staff carried out an inspection of the property on the 5th January 2009 and noted the non compliance in that there was no exemption/waiver in place for the doors opening directly into the pool area from the dwelling. An application has been received from Mr Louden seeking a waiver from the fencing requirements where the sliding door and rear door from the dwelling opens into the pool area. Photographs will be presented at the hearing.

The doors that open directly into the pool area from the dwelling have securing devices fitted above the floor which can not be reached by a child under the age of 6 years old, as allowed under clause 11 of the Schedule to the Act, nevertheless this needs to be specifically approved by Council under section 6 of the Act. The securing devices are capable of being key locked.

The pool area is effectively fenced off from access by children other than those staying as invited guests, and therefore under the supervision of the house owner. It should be noted however, that if children younger than 6 years of age were staying at the property they could gain direct access to the pool if not supervised. The main access to the house for the public is via a separate door other than the doors to the pool area from the dwelling.

The hearing closed at 9.25am.

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

B G LOUDEN

DECISION

After considering all the evidence the Committee:

RESOLVED

THAT the request from Mr Louden 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:

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.

That the doors with access from the dwelling into the pool area are locked shut when the pool is not under adult supervision.

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

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

HC09/04 Carmine/Gordon CARRIED

　

D ROLTON & C GALLICHAN, 52 PARAKIWAI QUARRY ROAD, WHANGAMATA (462249) (SWIM-03397) (23KB)

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 was presented.

A hearing is scheduled for 9.25am. The hearing commenced at 9.25am.

The Applicants were not in attendance.

Staff Report

Mr East advised that the applicant has fitted a lockable cover to the Spa for added security and protection and the top meets the NZS8500-2006 standards for this situation.

The spa has a hard cover that is lockable. The Spa Pool is compliant with the NZS 8500: 2006 Standard 3.10.

The hearing closed at 9.30am.

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

D ROLTON & C GALLICHAN

DECISION

After considering all the evidence the Committee:

RESOLVED

THAT the application from Derek Rolton & Christine Gallichan 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.

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

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

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

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

Granting the application for exemption will not significantly increase the danger to young children on the basis that the conditions of the waiver are met at all times.

HC09/05 Leonard/Bubb CARRIED

　

N G FERGUSON, 21 HOBSON STREET, WAIHI (461838) (SWIM-01944) (23KB)

The applicant is 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 was presented.

A hearing was scheduled for 9.30am. The hearing commenced at 9.30am.

Staff Report

The applicant has fitted a lockable cover to the Spa for added security and protection and the top meets the NZS8500-2006 standards for this situation.

The spa has a hard cover that is lockable. The Spa Pool is compliant with the NZS 8500: 2006 Standard 3.10.

The hearing closed at 9.35am.

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

N G FERGUSON

DECISION

After considering all the evidence the Committee:

RESOLVED

THAT the application from N G Ferguson 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.

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

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

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

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

Granting the application for exemption will not significantly increase the danger to young children on the basis that the conditions of the waiver are met at all times.

HC09/06 Carmine/Leonard CARRIED

　

MATTERS TO BE TAKEN WITH THE PUBLIC EXCLUDED

RESOLVED

THAT the public be excluded from the following parts of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Item No.

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) Under Section 48(1) for the Passing of this Resolution

Item 1

Request for Prosecution ‘In Principle’ - Non Compliant Swimming Pool - E Furze

Section 7(2)(a) – Protect the privacy of natural persons, including that of deceased natural persons.

　

Section 48(1)(a) That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist.

HC09/07 Bubb/Gordon CARRIED


RESOLVED

THAT the public be re-admitted to the meeting and the business discussed confirmed.

HC09/09 Gordon/Bubb CARRIED

　

R A WILLIAMS, 60 PUKE ROAD, PAEROA (461838) (SWIM-01679) (27KB)

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 was presented.

A hearing was scheduled for 9.35am. The hearing commenced at 9.55am.

The Applicant was in attendance.

Staff Report

Mr East advised that Mr Williams has a swimming pool on his property at 60 Puke Road, Paeroa which is presently full of water. The pool area has a pool fence that complies in part with the Fencing of Swimming Pools Act, but there is direct access via a sliding door from the conservatory, sets of French doors from the dwelling, door from the garage and windows above the sink of the dwelling into the pool area.

Council staff carried out an inspection of the property on the 14th January 2009 and noted the non compliance in that there was no exemption/waiver in place for the entrance points from the dwelling opening directly into the pool area. An application has been received from Mr Williams seeking a waiver from the fencing requirements where the sliding door from the conservatory and the door from the garage open into the pool area. The French doors that open into the pool area are also required to meet the requirements of the Fencing of Swimming Pools Act and will need to be assessed by the Hearings Committee. Photographs will be presented at the hearing. The windows, if fitted with inhibitors that restrict the opening capacity to a maximum of 100mm are in place then this is an acceptable solution and therefore doesn’t need to be considered.

The conservatory and garage doors that open directly into the pool area have securing devices fitted above the floor which can not be reached by a child under the age of 6 years old, as allowed under clause 11 of the Schedule to the Act, nevertheless this needs to be specifically approved by Council under section 6 of the Act. The securing devices should be capable of being key locked.

The interior of the French doors have not been seen by the Monitoring Officer.

Mr Williams seeks from the Committee, a waiver under Section 6 of the Act for the requirement for the doors that open immediately onto the pool area to comply with clauses 8 to 10 of the Schedule, being the requirements to automatically self close, on the grounds that this would be impossible or unreasonable. The alternative is the construction of a pool fence between the garage and the pool and dwelling and the pool.

The pool area is effectively fenced off from access by children other than those staying as invited guests, and therefore under the supervision of the house owner. It should be noted however, that if children younger than 6 years of age were staying at the property they could gain direct access to the pool if not supervised. The main access to the house for the public is via a separate door other than the doors to the pool area from the garage and dwelling.

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.

R A WILLIAMS

DECISION

After considering all the evidence the Committee:

RESOLVED

THAT the request from Mr Williams 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 garage and 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:

That all doors with access from the dwelling and garage 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. The height of the lock should be no less than 1.5 metres above the floor.

That the doors with access from the dwelling and garage into the pool area are locked shut when the pool is not under adult supervision.

That the windows that give access to the pool area are fitted with an inhibitor that restricts the opening capacity of the window to 100mm maximum opening capacity.

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

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

HC09/10 Gordon/Bubb CARRIED

　

APPLICATION FOR AL FRESCO DINING ON PUBLIC PAVEMENT

KAVA BAR & CAFÉ AT 40 SEDDON STREET, WAIHI (458593) (LIQ-33832) (32KB)

The operators of the Kava Bar & Café at 40 Seddon Street, Waihi have applied with the renewal application of their On-Licence to redefine their premises to include a portion of the pavement.

A detailed report from the District Licensing Inspector including supporting documents was presented.

A hearing was scheduled for 9.45am. The hearing commenced at 10.05am.

RESOLVED

THAT the report be received.

HC09/11 Gordon/Bubb CARRIED

Staff Report

The Regulatory Manager presented the District Licensing Inspectors report. The operators of the Kava Bar & Café at 40 Seddon Street, Waihi have applied with the renewal application of their On-Licence to redefine their premises to include a portion of the pavement. The scale plan was attached which showed 750mm wide tables positioned on both sides of the pavement being a total width of 3.9m. Allowing 2 chairs facing each other at each table and a more comfortable width of 900mm, 2.1m of pedestrian space is left available.

Some 40m up Seddon Street the Quartz Restaurant has tables over a larger area but they do not supply liquor.

  1. Council should consider whether the proposal is appropriate and may grant consent under the Public Safety section of the Consolidated Bylaw.

  2. The On-Licence Plan is then redefined to include a defined portion of the pavement subject to any conditions such as hours.

In considering this application Council should take into account the following issues:-

  • Width of footpath & pedestrian access

  • Level of pedestrian traffic

  • Traffic Safety

  • Amenity & appearance of area

  • Ability of applicant to control activity

    •

    The relevant sections of the HDC Consolidated Bylaw are:-

    Placing articles on (and damage) to Public Places

    2.11 Trading in Public Places

    The proposed site is within the Waihi Town Centre zone and does attract moderate pedestrian traffic. Vehicular speed is moderated by speed humps and the outer edge of the pavement is adjacent to angle parking.

    In considering the information provided, the Committee agreed that the location of the tables positioned on the shop frontage side of the pavement were appropriate and would not cause an obstruction to foot traffic but the table and chair positioned on the kerbed side of the pavement be disallowed as it would create an obstruction.

    In conclusion, it was agreed that that the public area be permanently delineated and that the tables and chairs should not extend further than 1.8m from the shop front.

    The hearing closed at 10.15am.

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

    KAVA BAR & CAFÉ

    DECISION

    After considering all the evidence the Committee:

    RESOLVED

    THAT the application for al fresco dining on the footpath by Irene Ellis in respect to the Kava Bar & Café be granted subject to the following conditions:

    1. THAT the consent be reviewed when the On-Licence is renewed or any new licence is applied for.

    2. THAT the public area be permanently delineated and that the tables should not extend further than 1.8m from the shop front.

    3. THAT the hours of use be between 9.00am and 9.00pm.

    4. THAT the operation be under the strict control of the On-Licence Duty Manager.

    5. THAT the street furniture be approved by Council.

    6. Council reserves the right to withdraw any consent granted should the conditions above not be adhered to or breaches of the Sale of Liquor Act 1989 in respect to the use of the pavement are proven.

      7.

    HC09/12 Carmine/Bubb CARRIED

    　

    The meeting adjourned at 10.15am

    The meeting reconvened at 10.35am

    MATTERS TO BE TAKEN WITH THE PUBLIC EXCLUDED

    RESOLVED

    THAT the public be excluded from the following parts of the proceedings of this meeting.

    The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

    Item No.

    General subject of each matter to be considered

    Reason for passing this resolution in relation to each matter

    Ground(s) Under Section 48(1) for the Passing of this Resolution

    Item 2

    Dog Control Infringement Notice Appeals

    Section 7(2)(a) – Protect the privacy of natural persons, including that of deceased natural persons.

    　

    Section 48(1)(a) That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist.

    HC09/13 Carmine/Gordon CARRIED

    RESOLVED

    THAT the public be re-admitted to the meeting and the business discussed confirmed.

    HC09/16 Gordon/Bubb CARRIED

    　

    The meeting closed at 12.36pm.

    　

    CONFIRMED

    　　

    　

    D M Carmine

    Chairperson

    30 March 2009