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 16 NOVEMBER 2009 COMMENCING AT 9.00AM

L. D Cavers

Chief Executive

 

HEARINGS FOR MEETING

9.00am Bennenbroek - Objection to Subdivision Consent Condition
9.30am Netherfield Investment Ltd - Notified Land Use Consent with Submission
10.30am Waiver Application Fencing of Swimming Pools Act 1987 - S & H Erceg
10.35am Waiver Application Fencing of Swimming Pools Act 1987 - M Bennett

 

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 (19KB)

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

RECOMMENDATION

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

4. CONFIRMATION OF MINUTES

4.1 MEETING HELD MONDAY 10 AUGUST 2009 (504417) 1-5

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Monday 10 August 2009 be confirmed and are a true and correct record.

5. MATTERS ARISING FROM THE MINUTES

6. OBJECTION TO CONDITIONS

6.1 VARIATION TO SUBDIVISION CONSENT CONDITIONS FOR 6-20 S. BENNENBROEK AT 38 HAURAKI ROAD, TURUA (rc-15285 / 519059) (56KB) 6-20

The applicant has requested amendments to conditions 6 and 8 of subdivision consent.

Attached is a report and supporting documents regarding the objection from the Staff Planner.

A hearing has been scheduled for 9.00am.

RECOMMENDATION

THAT the report be received, and

AND THAT pursuant to Section 127 of the Resource Management Act 1991 Council agree to delete condition 6 of resource consent Decision no. 2007/08- 111 (file ref. 82.036.536), and amend conditions 3, 4, 5, 7 and 10 for the reason that the removal of the Right of Way and replacement with an access leg will not create any adverse effects that are more than minor.

Council refuse to amend condition 8 by deletion of the requirement to lay the sewer within the side yard requirement, as this is required to maximize the "useable" building platform area on Lot 2.

The amended conditions shall read as follows:

  1. The subdivision and development shall be carried out generally in accordance with the amended F.W. Millington Limited Surveyors Scheme Plan ref. 2799-2875, dated 25 May 2007 (amended 23rd November 2007 and 7th October 2009), and the following conditions.

  2. That a Community Recreation Facilities Contribution of $1,935.86 plus GST be paid to Council for the creation of one additional lot (Plains Ward).

  3. That the subdivider shall provide Lot 2 with power and telephone connections in the body of the lot.

  4. That a Class E (Standard Residential Vehicle Entrance) as specified in Rule 9.3.3.3.E of the District Plan be constructed by the subdivider at the entrance to the Access Leg to Lot 2

  5. That the eaves of the garage/shed shall be cut back so that there is no overhang of the Access Leg.

  6. That Lot 2 shall be provided with a separate metered water connection, at the road frontage, in accordance with NZS 4404: 2004 and Performance Standard 9.3.9 of the District Plan. A connection lead shall be run into the body of the lot prior to construction of the Access Leg.

    7.

  7. That the subdivider shall provide Lot 2 with a separate sewer connection in accordance with the requirements of NZS 4404: 2004 and performance standard 9.3.7 of the District Plan. This shall include relocation of the sewer main crossing the lot to within the yard requirements of Lots 1 and 2. This shall be laid as, and become public sewer. The dwelling on Lot 1 shall be connected to the new public sewer.

  8. That the subdivider shall provide Lot 2 with a piped stormwater connection in the body of the lot, to the Council Stormwater reticulation within Hauraki Road.

    9.

  9. That the following easements be created:

    10.

Memorandum of Easements

Purpose

Shown

Serv Ten

Dom Ten

Power, Phone, Water, Stormwater

A

Lot 1 hereon

Lot 2

  1. 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 Council’s District Engineer.

  2. That three copies of ‘as-built’ plans shall be submitted to Council upon completion of the construction works showing the details required by NZS 4404:2004.

  3. 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.

  4. 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.

  5. 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:

  • 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.

  • It is advised that the proposed lots may be subject to short duration local flooding at times of storm-events in excess of the drainage design standard. There is also a risk of flooding from tidal and river floods in excess of the design standards.

    •

  • A building consent will be required to be obtained for the re-laying of the sewer connection for Lot 1, and for cutting back the eaves on the garage/shed.

    •

  • All existing grass berms and swale drains shall be reinstated (contoured, topsoiled and grassed) to the satisfactory of the District Engineer, Hauraki DC.

  • All existing grass berms and swale drains shall be reinstated (contoured, topsoiled and grassed) to the satisfactory of the District Engineer, Hauraki DC.

  • 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 Council Paeroa offices. Tel 07 862 8609.

  • The water meter required by condition 6 of this consent shall be a 20mm Kent PSM meter and is to be placed on the road frontage just inside the road reserve, within 0.5m of the property boundary. The connection is to be installed by HDC at the cost of the developer.

  • 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.

  • The installation of the new sewer main to serve this subdivision, needs to be done in conjunction (and compliance with the conditions for) the relocation and installation of a new main on the adjoining subdivision (Lot 59 – H & B Fisher).

  • No work may be undertaken on the sewer and stormwater mains by private contractors without prior approval from the District Engineer, Hauraki District Council.

  • No work may be undertaken on the water main by private contractors.

7. NOTIFIED RESOURCE CONSENT APPLICATION

7.1 APPLICATION BY NETHERFIELD INVESTMENTS LTD FOR LAND USE CONSENT TO REMOVE VERANDAH AT THE FORMER BNZ BUILDING AT CNR PRINCES STREET AND WHARF STREET, PAEROA (RC-15635 / 515813) (355KB)

The applicant has applied for land use consent to remove the verandah on the Princes Street side of the former BNZ building.

Attached is a report and supporting documents from the Staff Planner regarding the application.

A hearing has been scheduled for 9.30am.

RECOMMENDATION

THAT the report be received, and

THAT pursuant to Section 127 of the Resource Management Act 1991 the Hauraki District Council cancels condition 3 of Decision No. 2008/09-125 to grant consent to refurbishment of the former BNZ building situated at the corner of Princes Street and Wharf Street, Paeroa, on land legally described as Part Lots 28-29 Blk B DP 247 for the following reasons:

  • the verandah no longer serves its original purpose to provide shelter at shop fronts

  • the light pedestrian use of Princes Street does not justify the retention of the verandah

  • the degree of modification to the building is moderate in scale

  • the removal of the verandah will enhance the appearance of the Art Deco building and consequently improve the environment of the town centre

  • the removal of the verandah will eliminate the risk of collision with tall vehicles.

Subject to the following conditions:

  1. That the three hooks from which the verandah is suspended are retained in place and painted to offset their appearance against the building façade.

  2. That within six months of the removal of the verandah the building is repaired from the removal work to match in the verandah area with the rest of the façade according to a scheme submitted to and approved by the Manager of Planning and Environmental Services.

  3. 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.

  4. 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.

  5. 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.

　

8. APPLICATIONS FOR EXEMPTION UNDER SECTION 6 FENCING OF SWIMMING POOLS ACT 1987 52-63

8.1 S & H ERCEG, 2191 STATE HIGHWAY 25 KOPUARAHI (517271 – SWIM-03484) (28KB)

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 10.30 am.

RECOMMENDATION

THAT the report be received, and

THAT the application from S & H Erceg for a special exemption from the requirements of the Fencing of Swimming Pools Act 1987 for their spa pool 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

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.

8.2 M BENNETT, 90 AORANGI ROAD, PAEROA (520234 – SWIM-03469) (30KB)

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

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

A hearing is scheduled for 10.35am.

RECOMMENDATION

THAT the report be received, and

THAT the application from Mike Bennett for a special exemption from the requirements of the Fencing of Swimming Pools Act 1987 for his spa pool. 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

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.

9. LATE ITEM

　

　

　

PROCEDURE FOR HEARINGS

1. Chairman

The Chairman will declare the hearing open and advise on the procedure to be followed.

　

2. Council Secretary

The Council Secretary will read the application and determine:

If the applicant is in attendance, or represented;

If there are any witnesses in support.

If there are any submissioners in attendance;

If there are any witnesses in support.

　

3. Applicant

The applicant will present the application and call any witnesses in support, and answer any questions from the Councillors.

　

4. Submissions to be Heard

The submissioners may present their submissions, calling any witnesses in support and answering any questions from the Councillors.

　

5. Planning Officer

The Planning Officer will present a report and answer any questions from the Councillors.

　

6. Right of Reply

The applicant now has the right of reply.

　

7. Close of Hearing

The Chairman will close the hearing and advise that Council’s decision is reserved until it has considered the evidence presented and all relevant matters.