HAURAKI DISTRICT COUNCIL
HEARINGS COMMITTEE
MINUTES OF A MEETING OF THE HEARINGS COMMITTEE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON WEDNESDAY 11 MARCH 2009 COMMENCING AT 1.20PM
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PRESENT |
Crs D M Carmine (Chairperson) and B A Gordon |
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IN ATTENDANCE |
Messrs G East (Monitoring Officer) and Ms C Black (Council Secretary) |
APOLOGIES
RESOLVED
THAT the apologies of Crs J M Bubb and G R Leonard be received and sustained.
HC09/17 Carmine/Gordon
CARRIED
LATE ITEMS
There were no late items.
APPLICATION FOR EXEMPTION UNDER SECTION 6 FENCING OF SWIMMING POOLS ACT 1987
MR Ogden Lowe, 7204 SH26 Paeroa (SWIM-02214)
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.
The hearing commenced at 1.25pm.
The Applicant was not in attendance.
Staff Report
Mr East advised that the Mr Lowe has a swimming pool on his property at 7204 SH26, 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 sliding doors from the dwelling into the pool area. Council staff carried out an inspection of the property on the 13th February 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 Lowe seeking a waiver from the fencing requirements where the sliding doors from the dwelling open 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 device is capable of being key locked.
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.
Mr Lowe 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 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 hearing closed at 1.30pm.
The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.
MR Ogden Lowe, 7204 SH26 Paeroa (SWIM-02214)
DECISION
After considering all the evidence the Committee:
RESOLVED
THAT the request from Mr Lowe 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.
HC09/18 Gordon/Carmine CARRIED
The meeting closed at 1.35pm
CONFIRMED
D M Carmine
Chairperson
30 March 2009