THAT the reports of delegated matters for the period 1^st November 2009 to 1^st February 2010 be received.

4.1 MEETING HELD MONDAY 7 DECEMBER 2009 (530597) 1-7

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Monday 7 December 2009 be taken as read and confirmed.

The applicant (Lisburn Holdings Limited) proposes to subdivide an existing dwelling from Lot 2 DP 314279 to create a small lot and to amalgamate the balance area with the adjoining Lot 2 DP 407055.

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

A hearing has been scheduled for 9.15am

RECOMMENDATION

THAT the report be received; and

THAT pursuant to Section 104B of the Resource Management Act 1991 the Hauraki District Council grant consent to this non-notified Discretionary activity application to subdivide Lot 2 DP 314279 into two lots located at 65-91 Rangiora Road, on the grounds that:

The proposed sub-division has no adverse effects on the environment that are more than minor

The amalgamation of titles mitigates effects arising from the fragmentation of productive rural land.

Subject to the following conditions:

General

1. That the subdivision shall be carried out generally in accordance with the scheme plan drawn by RMS Surveyors Ltd dated 17^th December 2009 (Reference F6684), which has been signed and stamped approved.

2. That the following amalgamation condition shall apply:

That Lot 2 hereon (Pt CFR 56525) and Lot 2 DP 407055 (CFR 424868) be held within the same Certificate of Title.

3. That pursuant to Section 221 of the Resource Management Act 1991 a consent notice shall be registered on the Certificate of Title for Lot 2 advising that no further dwellings will be permitted on Lot 2 until at least 2014.

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.

Engineering General

7. That the subdivider shall at the time of sub-division relocate the existing effluent line on Lot 1 servicing the existing house, whereby it is contained within the lot. All works shall be implemented under a building consent.

Advice Notes

• The existing vehicle crossing to Lot 1 should be upgraded to a Class C (Standard Rural Residential Entrance) as specified in Rule 9.3.3.3.E of the District Plan, under the Hauraki District Council Consolidated Bylaw.

• The existing vehicle crossing to Lot 2, at RRPM distance 60, should be upgraded to a Class B (Standard Rural Vehicle Entrance) as specified in Rule 9.3.3.3.E of the District Plan, under the Hauraki District Council Consolidated Bylaw.

• The existing vehicle crossing to Lot 2, at RRPM distance 65, should be upgraded to a Class C (Standard Rural Residential Entrance) as specified in Rule 9.3.3.3.E of the District Plan, under the Hauraki District Council Consolidated Bylaw.

• The existing vehicle crossing to Lot 2, at RRPM distance 77, should be upgraded to a Class A (Standard Rural Heavy Vehicle Entrance) as specified in Rule 9.3.3.3.E of the District Plan, under the Hauraki District Council Consolidated Bylaw.

• Any internal drainage work is to be carried out under a Building Consent

• Any work undertaken in the road reserve will require a street opening permit and traffic management plan 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.

• The upgrading of the vehicle entrances will require a vehicle crossing permit. Please contact Janet Tee at the Paeroa office on ph 07 862 8609 to proceed with the application of the permit before commencement of any work on the entrances.

• 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.

7.1 P DAVISON, 2034 SH25, WAIHI (537430) (SWIM-03518)   (92KB)  55-57

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 10.00am.

RECOMMENDATION

That the application from P Davison 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

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.

7.2 G ADAMS, 21 WASHINGTON SQUARE, PAEROA 9542462) (SWIM- 03560)   (60KB)  58-61

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 10.05 am.

RECOMMENDATION

That the application from G Adams 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

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.

7.3 J LEWIS, 173 HEARD ROAD, RD1 WAIHI (5421164) (SWIM- 03546)   (95KB)  62-67

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 10.10 am.

That the application from J Lewis 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 steps are removed when the Spa Pool is not in use or the property is vacant.

4. That the Plinth lifter be fitted and maintained to meet the NZS8500-2006 for spa pool height (760mm minimum)

5. 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.

8.1 OBJECTION TO MENACING CLASSIFICATION OF DOG (DG ID: 18060): E DEISHER (540900)   (21KB)  68-81

Attached is a report from the Dog Control Officer and supporting information is attached.

An appeal has been lodged.

A hearing has been scheduled for 10.15am.

RECOMMENDATION

THAT the report be received; and

THAT Menacing Dog Classification be upheld.