HAURAKI DISTRICT COUNCIL

HEARINGS COMMITTEE

 

MINUTES OF A MEETING OF THE HEARINGS COMMITTEE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON MONDAY 30 MARCH 2009 COMMENCING AT 9.00AM

 

PRESENT

Crs D M Carmine (Chairperson) and B A Gordon

   

IN ATTENDANCE

Messrs P Thom (Planning & Environmental Services Manager), M van Steenbergen (District Planner), V Hoeberechts (Graduate Planner), G East (Monitoring Officer), M Sexton (Dog Control Officer), G Adams (Dog Control Officer), S Lye (Consents Engineer) and Ms C Black (Council Secretary)

APOLOGIES

RESOLVED

THAT the apology of Crs J M Bubb and G R Leonard be received and sustained.

HC09/19 Carmine/Gordon CARRIED

LATE ITEMS

There were no late items.

CONFIRMATION OF MINUTES

MEETING HELD MONDAY 16 FBRUARY 2009

RESOLVED

THAT the minutes of the meeting of the Hearings Committee held on Monday 16 February 2009 be taken as read and confirmed.

HC09/20 Gordon/Carmine CARRIED

MEETING HELD WEDNESDAY 11 MARCH 2009

RESOLVED

THAT the minutes of the meeting of the Hearings Committee held on Wednesday 11 March 2009 be taken as read and confirmed.

HC09/21 Carmine/Gordon CARRIED

 

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

K MALANAPHY, 26 HARRIS PLACE, NGATEA – SWIM-03323 (467434) (23KB)

The Applicant is seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for her spa pool.

A detailed report from the Monitoring Officer including supporting documents is attached.

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

The Applicant was not in attendance.

Staff Report

The Applicant is seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987. The alternative is the erection of a compliant swimming pool fence. In the interim, until a decision is made, the spa pool is to remain empty of water.

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, please find attached a copy of the standard with emphasis on 3.10 (a).

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.

K MALANAPHY

DECISION

After considering all the evidence the Committee:

RESOLVED

That the application from Karen Malanaphy 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.

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.

HC09/22 Carmine/Gordon CARRIED

 

E & D FURZE, 29 Opukeko Road Paeroa (SWIM - 02804) (467431) (25KB)

The Applicant is 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 was presented.

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

The Applicant was not in attendance.

Staff Report

Mr & Mrs Furze have a swimming pool on their property at 29 Opukeko 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 doors from the dwelling into the pool area. Council staff carried out an inspection of the property on the 9th 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 & Mrs Furze seeking a waiver from the fencing requirements where the 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 devices are capable of being key locked.

Mr & Mrs Furze seek 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.

There is some minor maintenance to be completed on the pool fencing then the pool area will be 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.

E & D FURZE

DECISION

After considering all the evidence the Committee: 

RESOLVED

That the request from Mr & Mrs Furze 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 doors 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 decision of Council be entered on the title of the land for the information of a future owner.

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

HC09/23 Gordon/Carmine CARRIED

 

I. LASENBY, 7 KING STREET PAEROA - (SWIM - 00413) (467172) (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 9.25am. The hearing commenced at 9.25am.

The Applicant was not in attendance.

Staff Report

Mr Lasenby has a swimming pool on the property at 7 King Street, Paeroa owned by Mr & Mrs Crowe which is presently full of water. The pool area has a pool fence that complies with the Fencing of Swimming Pools Act, but there is direct access via a sliding door from the dwelling into the pool area. Council staff carried out an inspection of the property on the 4th February 2009 and noted the non compliance in that there was no exemption/waiver in place for the door opening directly into the pool area from the dwelling. An application has been received from Mr Lasenby seeking a waiver from the fencing requirements where the sliding door from the dwelling opens into the pool area. Photographs will be presented at the hearing.

The door that opens directly into the pool area from the dwelling has a securing device 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.

Mr Lasenby seeks from the Committee, a waiver under Section 6 of the Act for the requirement for the door that opens 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 and/or occupant. 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 door to the pool area from the dwelling.

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.

I. lasenby

DECISION

After considering all the evidence the Committee:

RESOLVED

THAT the request from Mr Lasenby 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 decision of Council be entered on the title of the land for the information of a future owner.

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

HC09/24 Carmine/Gordon CARRIED

J WEST, 5 CONSOLS STREET, WAIHI (swim-03378) (467461) (23KB)

The Applicant is seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for her 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.

The Applicant was not in attendance.

Staff Report


The applicant is seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987. The alternative is the erection of a compliant swimming pool fence. In the interim, until a decision is made, the spa pool is to remain empty of water.

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, please find attached a copy of the standard with emphasis on 3.10 (a).

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.

J WEST

DECISION

After considering all the evidence the Committee:

RESOLVED

THAT the application from Jenny West 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.

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.

HC09/25 Gordon/Carmine CARRIED

 

FRUIT AND VEGETABLE HAWKERS (458441) (28KB)

A report from the Environmental Health Officer was presented regarding licensing issues of produce hawkers operating in the district.

The Environmental Health Officer was in attendance to present the item.

On 31 January 2008 a total of 7 hawkers were operating in Waihi with 4 selling positions located on Parry Palm Ave, inside the 70kph zone. Each had 4 or 5 large signs and vehicles were located on opposing sides of the highway. Two of these operators had HDC hawker’s licenses and also had separate vehicles operating along Tauranga Road within the 50kph zone.

Issues:

  1. 2 licensed hawkers operating on 3 different sites within Waihi, each one with 3 vehicles and an array of signs.

  2. 6 sites operating under 2 licenses.

  3. Transit need to exercise their Bylaw or we need to have a formal arrangement to further link the Hawkers licence to Transit’s requirements.

Cr Gordon was concerned that people running a business selling fruit and vegetables from premises which they pay rent for are being compromised by Hawkers who have minimal overheads and are taking much of the retailers summer business.

The members were advised by staff that Hawkers are not allowed on state highways.

Cr Carmine suggested that licenses stipulate a maximum stopping time of up to 4 hours rather than 2 hours. After consideration, it was agreed that 3 hours be allowed for a hawker to park in any one location unless they are attending a special event.

The Manager, Planning and Environmental Services suggested that one licence be issued per vehicle.

RESOLVED

THAT the report be received

AND THAT hawkers licenses be restricted to one vehicle per licence

AND THAT those licenses stipulate a maximum stopping time of up to 3 hours in any one location unless they are attending a special event

AND THAT signs displayed beyond the vehicle may be confiscated

AND THAT Council put in a submission to the LTCCP for consideration regarding costs of hawkers licence fees.

HC09/26 Carmine/Gordon CARRIED

 

NOTIFIED RESOURCE CONSENT APPLICATION

LAND USE APPLICATION TO ESTABLISH A PRE-SCHOOL FOR P J AND P L DAVISON AT 7 UNION STREET, WAIHI (RC- 15576) (471163) (175KB)

The application is to establish and operate an early childhood facility for children aged from 2 to 4 years of age at 7 Union Street, Waihi.

A report from the Staff Planner and supporting documents were available.

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

Mr and Mrs Davison (Applicants) and Mrs Wilkinson (Submitter) were in attendance for the benefit of the hearing.

Applicants

Mr Davison presented their evidence in support of the application.

Mr Davison stated that he and his wife wish to establish a pre school centre in the residential zone catering for children of 0-4 years of age.

Mr Davison has advised of the layout and location of other childcare centres operating in Wahid particularly in relation to parking/loading provision. He stated that their proposed centre will be located on a straight length of road, being a street that does not receive a lot of traffic and is away from any intersections. The centre will have no more than 35 children which is fewer than many other childcare centres.

Mr Davison explained that the proposed location for their childcare centre is very suited for this type of use. The pre-school teachers to be employed are fully qualified.

The neighbouring properties are owned predominantly by older people in the 70 to 80 age group.

To address issues of noise they intend to construct an acoustic fence on the site boundaries as recommended by Council staff.

Questions from Committee

Cr Gordon asked if the applicants would themselves be in attendance at the childcare centre during operating hours. Yes, but in a part time capacity.

In consideration of noise levels, Mr Davison was asked how many children will generally be at the centre at any one time. Mr Davison advised there will be 35 children.

Cr Gordon asked what the child to teacher ratio will be. Mr Davison advised that the ratio will be 1 to 10 for over two’s as per the Ministry of Education requirement. Two Managers have been appointed to manage the centre.

Mr Davison stated that not all children will be outside at one time. Some will be inside sleeping and some will be generally inside the building involved in various activities.

The children will generally be resting at about 1.00pm every afternoon.

Submitter

Mrs Wilkinson presented and spoke to her submission to the application. A copy was provided for the members’ consideration.

Mrs Wilkinson stated that when she and her husband built their retirement home, they did not expect a commercial activity to be established next door.

Their main concern is the noise factor. Mr Wilkinson is unwell and requires a rest every afternoon. Their bedrooms are on the side of the house adjoining the boundary with the Davison property.

The other two other issues of concern were the increase in the volume of traffic in the street and safety issues with children coming and going from the centre near their driveway. She stated that there will more cars parked on the roadside by their driveway which will reduce the safety when they are exiting their property.

Cr Gordon asked Mrs Wilkinson what was her main concern with the application and what type of boundary fencing exists now.

Mrs Wilkinson stated that the existing fence is in poor condition which requires replacement. Mr Davison approached her some time ago stating that he would like to construct a new fence but did not advise as to why he wished to do so.

Mrs Wilkinson was advised that the Davison’s will have to meet noise requirements on the boundary. Mrs Wilkinson stated that the noise monitoring methodology meant nothing to her she just wanted to protect her privacy and her right to peace and quiet.

Staff advised that the noise on the boundary should not exceed the standard residential noise allowed.

In response to a comment regarding other noise which occurs in the residential area referring to lawn mowing, Mrs Wilkinson stated that lawn mowing noise is fine as it is for short intervals; the noise of children is constant.

Mrs Wilkinson also raised her concern of children being on her drive way or nearby the entrance to her driveway when vehicles are backing out of the driveway. She was concerned that a child could be hit by a vehicle.

Mrs Wilkinson was also concerned about the increase in traffic noise due to the children being dropped off and picked up by parents. At present, the street is very quiet with minimal traffic movements.

In conclusion, Mr Wilkinson stated that the establishment of a childcare centre right next door to their property would be a negative element and could devalue their property.

It was established that the main issues of concern for Mrs Wilkinson are:

Planning Staff Report

Ms Hoeberechts presented her report.

Ms Hoeberechts advised that this is a discretional activity in the residential zone.

The aim of zone is to maintain:

  • Amenity
  • Quiet space
  • Activity that fits in with residential use.
  • The application meets all requirements for the residential zone in the District Plan. 80% of the site is open space.

    The applicants will construct an acoustic fence to reduce noise experienced by the property to the south of the site. Children will be inside for a period of time throughout the day.

    Performance standards are a guideline to ensure amenity. The application mostly complies with the performance standards.

    With reference to the access into the centre, the Consents Engineer recommended a lesser width for access ways to allow more room for car parking. The access ways and car park are to be sealed to reduce dust effect.

    The effect of the activity will be no more than minor in the residential zone.

    It was recommended that consent be granted subject to conditions.

    Ms van Steenbergen stated as long as acoustic fencing is installed and children cannot climb up onto any play equipment that would raise them above the top of the fence, acoustic reports show that noise level standards can be met.

    Cr Gordon stated that the main issue is obviously the noise level affecting Mr and Mrs Wilkinson’s property.

    Consents Engineer

    Mr Lye referred to the matter of car parking at the centre. The minimum requirements for car parking in the District Plan have been met.

    Other centres established in the residential areas of Waihi have been granted consents a number of years ago and the parking and loading arrangements reflect the standards then in place.

    The access way has been designed to optimise parking space.

    The car park area must be sealed to reduce dust effect.

    Cr Carmine suggested ‘No parking’ lines be painted on the roadside the full width of the road frontage of the site to prevent other vehicles parking in front of the centre.

    Right of Reply

    Mr Davison stated that a valuer has advised that there will be no negative effect to the value of the Wilkinson’s property.

    There are other retired residents adjoining the property.

    The hearing closed at 10.50am.

    RESOLVED

    THAT the report be received

    AND THAT pursuant to Section 105(1)(b) of the Resource Management Act 1991 the Hauraki District Council grants consent to a limited notified discretionary activity application to establish an early childhood educational facility on land legally described as Section 99A Town of Waihi situated at 7 Union Street, Waihi, for the following reasons:

  • The proposal meets the objectives and policies of the District Plan for non-residential activities in the residential zone; and

  • The scale of the non-residential activity is appropriate on this particular site.

  • The proposed childcare centre is consistent with Part II of the Resource Management Act 1991.

  •  

    Subject to the following conditions:

    1. That the early childhood educational facility shall be established and operated in general accordance with the stamped and approved "Footprints Pre-school" site plans (Job No. J252-A02 & A23) received by Hauraki District Council on the 9th December 2008 and the 6th January 2009 and supporting information dated the 9th December 2008.

    2. That the pre-school facility shall be limited to 35 children between the ages of 2 and 4 years, at any one time.

    3. That the site boundaries (to the extent and height shown on the approved scheme plan) shall be fenced with an acoustic fence and that a detailed plan of fencing be submitted to Council for consideration and approval prior to construction of the fence.

    4. That two Class E (Standard Residential Vehicle Entrance) as specified under rule 9.3.3.3.E of the District Plan be constructed by the developer to provide entry and exit access points to this development, at the locations shown on the approved scheme plan.

    5. That the area shown on the approved plan be constructed and marked for car parking and drop-off/pick-up. The layout is to maximise the number of spaces, with a minimum of 8 car parking spaces to be provided, and to clearly define the one way traffic flow through the site.

    6. That the driveway access, car parking, and manoeuvring area shall be formed, drained, paved (seal, concrete or other permanent, all weather, dust free surface) and marked out to the satisfaction of the Planning & Environmental Services Manager.

    7. That landscaping of that part of the site between the road and building be carried out to screen and reduce the visual impact of the car parking area from the road. A detailed planting plan shall be submitted to the Planning & Environmental Services Manager for approval before planting carried out.

    8. That Engineering drawings and specifications covering all engineering works (parking, traffic flow, manoeuvring and storm water disposal shall be submitted to the Manager of Planning and Environmental Services for consideration and approval prior to commencement of any work.

    9. That all activities at the child care centre shall be operated in a manner that ensures that the following noise limits are attained at the boundary of any residential property (excluding typical domestic activities such as lawn mowing):

      L10 Lmax
    Monday to Saturday    
    7.00am – 10.00pm 50 dBA N/A
    10.00pm – 7.00am 40 dBA 75 dBA
    Sundays & Public Holidays    
    7.00am – 10.00pm 45 dBA  N/A
    10.00pm – 7.00am 40 dBA 75 dBA

    All activities in these zones shall be conducted to ensure that the above noise levels shall not be exceeded within any other site contained within any of these zones

    Noise shall be measured in accordance with NZS 6801:1991 and NZS 6802:1991.

    1. That only one (1) sign not exceeding 1m2 in dimension shall be permitted on the site (excluding traffic directional signs).

    2. That the play equipment is limited to a height whereby children standing on top of the play equipment are still fully below the level of the top of the fence.

    3. That all conditions relating to the physical aspects of the proposal (under conditions 1, 3, 4, 5, 6 and 7) and condition 8, shall be met prior to the facility operating.

    4. 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.

    5. 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.

    6. 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

    HC09/27 Carmine/Gordon CARRIED

     

    NOTICE UNDER SECTION 33A DOG CONTROL ACT (1996) MENACING DOG

    OBJECTION TO MENACING DOG CLASSIFICATION – I BURKE, AT 15 RIVERBANK ROAD, WAIHI (472293) (27KB)

    An appeal has been lodged.

    A report and supporting documents from the Dog Control Officer was available.

    A hearing was scheduled for 11.00am. The hearing commenced at 11.15am.

    The Applicant was not in attendance.

    RESOLVED

    THAT the report be received.

    HC09/28 Carmine/Gordon CARRIED

    Staff Report

    Mr Sexton presented the report.

    As a result of door to door Dog Registration enquiries in Waihi, Mr Sexton advised that Mr Adams called at 15 Riverbank Terrace and located a black and white puppy at the rear of the section.

    The puppy was approximately 4 months old and was not registered.

    The occupier of the property, Colleen Burke gave her son’s details as the owner of the new puppy, named ‘Bud’ living at 5 Riverbank Terrace, Waihi.

    As the dog ranger, Mr Adams identified the breed of the dog as a Pitbull Cross meaning that the predominant breed is Pitbull. A number of photographs of the dog were included with the report for the Committee’s consideration.

    History

    Since 1997 there have been 5 (five) Pitbull dogs registered to this address

    There have been a total of 9 (nine) dogs registered to this property over this period of time with the other breeds being; Chihuahua, Rottweiler and Doberman dogs.

    This indicated that the occupants of this property were fully aware of the fact and can clearly identify Pitbull dogs. The only reason that this dog would not want to be identified as a Pitbull would be that the dog is menacing by breed and the owner would want it to breed from. With the requirement that the dog would need to be de-sexed by law due to this classification, this could be bypassed if it was registered as a breed that is not classified as Menacing.

    The hearing closed at 11.25pm.

     

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

    I. BURKE

    DECISION

    After considering all the evidence the Committee:

    RESOLVED

    THAT the classification be upheld.

    HC09/29 Carmine/Gordon CARRIED

     

    The meeting hearing closed at 11.30am.

     

    CONFIRMED

     

     

    D M Carmine

    Chairperson

    May 2009