Description: COAT-ARM Hastings District Council

 

Civic Administration Building

Lyndon Road East, Hastings

Phone:  (06) 871 5000

Fax:  (06) 871 5100

WWW.hastingsdc.govt.nz

 

 

 

 

Open

 

A G E N D A

 

 

Hearings Committee MEETING

 

(Section 357A (1)(g) and (2) Resource Management Act 1991 - Objection to Decision on Resource Consent RMA20170287, 826 Te Apiti Road, Waimarama

(Brett and Mary Stone))

 

Meeting Date:

Friday, 8 December 2017

Time:

1.00pm

Venue:

Landmarks Room

Ground Floor

Civic Administration Building

Lyndon Road East

Hastings

 

Committee Members

Chair: Councillor Lyons

Mayor Hazlehurst

Councillors Heaps, Kerr and Redstone

Hastings District Rural Community Board Member: Mr P Kay

 

Officer Responsible

Environmental Consents Manager – Murray Arnold

Reporting Planner

Senior Environmental Planner (Consents)

Committee Secretary

Christine Hilton (Ext 5633)

 


Hearings Committee – Terms of Reference

Fields of Activity

The Hearings Committee is established to assist the Council by hearing and determining matters where a formal hearing is required under the provisions of the:

 

Resource Management Act 1991

Health Act 1956

Dog Control Act 1996

Litter Act 1979

Building Act 2004

Fencing of Swimming Pools Act 1987*

Hastings District Council Bylaws

Local Government Act 1974

Local Government Act 2002

Gambling Act 2003

 

Membership*

Chairman appointed by the Council

Deputy Chairman appointed by the Council

2 members appointed by the Council

1 member appointed by the Council from the HD Rural Community Board

 

Quorum

a)     All members including the Chair (or Deputy Chair, in the Chair’s absence) sitting on a hearing must be accredited (as of 12 September 2014)

b)     A maximum of three members including the Chairperson (or Deputy Chair, in the Chair’s absence) to meet for any one hearing, except for Council Initiated Plan Change hearings where all members may attend and take part in the decision making process (subject to a) above).

c)     For Hearings other than Council Initiated Plan Change hearings the quorum shall be two members

d)     For Council Initiated Plan Change Hearings the quorum shall be three members.

e)     Members to sit on any hearing other than a Council Initiated Plan Change Hearing shall be selected by agreement between the Chair (or Deputy Chair, in the Chair’s absence) and the Group Manager: Planning and Regulatory Services.

f)       For the purpose of hearing any objection in respect of the matters detailed in section 4 – Dog Control Act 1996 the Hearings Committee will consist of any 3 members selected by the Chair.

 

* In the case of hearings related to the Fencing of Swimming Pools Act 1987 the membership shall not include the member appointed from the Rural Community Board

 

Delegated Powers

 

HEARINGS COMMITTEE

 

 

 

1.    RESOURCE MANAGEMENT ACT 1991

 

 

 

       Pursuant to Section 34(1) of the Resource Management Act 1991 the Hearings Committee of Council is delegated power to:

 

 

1)          Hear, consider and decide upon any Resource Consent application or any other application made to Council under the Act (including private plan change requests).  For the avoidance of doubt, this includes the use or exercise of any powers vested in the Council under the Act to process, hear and decide upon any such application.

Decide on Applications and Private Plan Change requests.

2)          Hear, consider and recommend to the Planning and Regulatory Committee or Council as it considers appropriate, on submissions made on any proposed plan or any Council initiated change to the District Plan or variations to the Proposed Plan.

Submission on Council Plan Changes.

3)          Appoint a Commissioner or Commissioners to hear, consider and decide on any Resource Consent application or any other application made to Council under the Act. This delegation is subject to the requirement that any Hearings Commissioner(s) appointed shall hold a valid certificate of accreditation under section 39A of the Act.

Appoint Commissioner for Resource Consents.

4)          Appoint a Commissioner or Commissioners to hear, consider and recommend to the Planning and Regulatory Committee or Council as it considers appropriate, on any submissions made on any proposed plan or any Council or privately initiated change to the District Plan.  This delegation is subject to the requirement that any Hearings Commissioner(s) appointed shall hold a valid certificate of accreditation under section 39A of the Act.

Appoint Commissioner for Proposed District Plan and Council or Private Plan Changes.

5)          Extend any time limits or waive compliance with any requirement specified in the Act or Regulations in respect of any matter before it under the Act and pursuant to the above delegations pursuant to Section 37 of the Act.

Extend Time Limits and Waive Compliance.

6)          Hear and determine any objection made pursuant to Section 357, 357A, 357B, 357C and 357D of the Act

Review of Decisions made under Delegation.

7)          Make an order, pursuant to Section 42 of the Act, relating to the protection of sensitive information in respect of any matter before it. 

Protection of Sensitive Information.

8)          Waive, pursuant to Section 42A (4) of the Act, compliance with Section 42A(3) of the Act relating to the receiving of officers reports in respect of any matter before it. 

Waive Time for Receipt

of Officers’ Reports.

9)          Determine, pursuant to Section 91 of the Act, not to proceed with a hearing of an application for Resource Consent where it considers additional consents under the Act are required in respect of any application before it.

Defer Application Where Other Consents Required.

10)       Require, pursuant to Section 92 of the Act, further information relating to any application before it and postpone notification, hearing or determination of the application.

Require Further Information.

11)       The above delegations shall apply with all necessary modifications to:

              i)      Any notice of review of Consent conditions issued by Council pursuant to Section 128 of the Act or by any committee or officer or the Council having delegated authority to do so.

 

 

 

 

Review of Consent Conditions.

              ii)     Any submissions on any requirement for a designation or alteration to a designation made pursuant to Sections 168, 168A or 181 of the Act.

 

Hear Submissions

on Designations.

           iii)    Any submissions on any requirement for a Heritage Order made pursuant to Section 189 and 189A of the Act.

 

Hear Submissions

on Heritage Orders.

12)          Consider and make recommendations on any requirement for a designation or alteration to a designation pursuant to Section 171 of the Act.

 

Recommendations

and Designations.

13)                Consider and decide on any amendments to Council’s District Plan to alter any information, where such an alteration is of minor effect, or may correct any minor errors pursuant to Clause 16(2) or 20A of Part 1 of the First Schedule to the Act.

Amend District Plan.

 

 

2.   HEALTH ACT 1956

 

 

     Pursuant to Clause 32 of Part 1 of the Seventh Schedule to the Local Government Act 2002 and Section 23 of the Health Act 1956 the Hearings Committee is delegated authority to:

 

 

     i)       Hear explanations against a notice to revoke registration issued pursuant to Clause 9 of the Health (Registration of Premises) Regulations 1966.

 

Explanations Why Registration Should

Not be Revoked. 

     ii)       Hear and determine any appeal against a direction or decision of any officer acting under delegated authority and any application or objection made pursuant to Clause 22 of the Housing Improvement Regulations 1974.

 

Determine Appeals, Applications or Objections to Requirements Under Housing Improvement Regulations.

3.   DOG CONTROL ACT 1996

 

 

     Pursuant to Clause 32 of Part 1 of the Seventh Schedule to the Local Government Act 2002, the Hearings Committee is delegated authority to hear and determine any objections lodged against any decision of an officer acting under delegated authority or any notice issued by a Dog Control Officer pursuant to the following Sections.

Section 22                 Objection to the classification as a probationary owner.

Section 26               Objection to disqualification from being an owner of a dog

Section 31               Objection to the classification of a dog as a dangerous dog

Section 33B             Objection to the classification of a dog as a menacing dog under section 33A.

Section 33D             Objection to the classification of a dog as a menacing dog under section 33C as it is believed to belong to 1 or more classified breeds.

Section 55               Objection to the issue of an abatement notice for a barking dog.

Section 70               An application for the return of a barking dog seized under section 56 for causing distress.

Section 71               An application for the release of a dog that is being held in custody under section 71(1) and (2) for threatening public safety.

Section 71(1)(a)       To be satisfied that a dog seized under section 15(1)(c) because the dog was without access to proper and sufficient food, water or shelter, will be given access to proper and sufficient food, water, or shelter if returned to the land or premises from which it was removed.

     Section 71A(2)(a)(i) To be satisfied that the owner of a dog seized under section 33EC (because the owner failed to comply with his obligations in respect of a dog classified as menacing), or of a dog classified as a menacing dog seized under section 33EB (because the owner failed to have the dog neutered),  has demonstrated a willingness to comply with the relevant requirements”.

 

Decide on objections under the Dog Control Act 1996

 

 

4.   LITTER ACT 1979

 

 

     Pursuant to Clause 32 of Part 1 of the Seventh Schedule to the Local Government Act 2002, the Hearings Committee is delegated authority to hear and decide on any objection lodged pursuant to Section 10 of the Litter Act 1979 against a notice issued under that section.

 

Decide on Objections to Notices Issued by a Litter Control Officer.

5.   BUILDING ACT 2004

 

 

     Pursuant to Section 67A of the Building Act 2004 the Hearings Committee is delegated authority to grant a waiver or modification to section 162C(1) or (2) (which requires residential pools to have means of restricting access by unsupervised children) the requirements of the Act (with or without conditions) in the case of any particular pool.

 

Grant Exemptions to Pool Fencing Requirements.

6.   HASTINGS DISTRICT COUNCIL BYLAWS

 

 

     Pursuant to Clause 32(1) of Part 1 of the Seventh Schedule to the Local Government Act 2002, the Hearings Committee is delegated authority to:

 

 

     i)       Hear and determine any application for a review of any decision of a duly authorised officer pursuant to any part or provision of the Hastings District Council Bylaws.

Review of Delegated Decisions.

     ii)       Consider and determine any application under Clause 1.5 of Chapter 1 of the Hastings District Council Consolidated Bylaw for a dispensation from full compliance with any provision of the Bylaws.

 

Dispensations from

Bylaws Requirements.

7.   LOCAL GOVERNMENT ACT 1974

 

 

     Pursuant to Clause 32(1) of Part 1 of the Seventh Schedule to the Local Government Act 2002 the Hearings Committee is authority to hear and recommend to Council on any objections to any proposal to stop any road pursuant to Section 342 and the Tenth Schedule to the Local Government Act 1974.

 

Hearing Objections

to Road Stopping.

8.   GAMBLING ACT 2003

 

 

     Pursuant to Clause 32(1) of Part 1 of the Seventh Schedule to the Local Government Act 2002, the Hearings Committee is delegated authority to:

 

 

     i)       Hear, consider and determine in accordance with section 100 of the Gambling Act 2003, applications for territorial authority consent required under section 98 of that Act, as required by the Hastings District Council Class 4 Gambling Venue Policy.

Hear and Decide on Applications for Territorial Authority Consent.

 


 

HASTINGS DISTRICT COUNCIL

 

A Hearings Committee MEETINg will be Held in the Landmarks Room, Ground Floor, Civic Administration Building, Lyndon Road East, Hastings on

Friday, 8 December 2017 AT 1.00pm.

 

 

 

1.       Apologies 

At the close of the agenda no apologies had been received.

 

2.       Section 357A (1)(g) and (2) Resource Management Act 1991 - Objection to Decision on Resource Consent RMA20170287, 826 Te Apiti Road, Waimarama (Brett and Mary Stone)

Documents circulated for Hearing - Compiled as One document

Document 1       The covering administrative report                                                             Pg 1

Attachment a  Objection Planning Report                                     Pg 3

Attachment b  RMA20170287 - Application for Proposed Subdivision into two lots                                          Pg 17

Attachment c  RMA20170287 - Report Subdivision                              Pg 53

Attachment d  RMA20170287 - Subdivision Decision                                  Pg 71

Attachment e  RMA20170287 - Brett and Mary Stone Objection to Decision under section 357A (1)(g) and (2) of the Resource Managment Act 1991 (RMA)                                     Pg 73   

 

 

 

 

 

 

 

The Application and Submissions can be viewed on the Council website and a reference hardcopy is held at the Council Civic Administration Building.

 

The associated web site links are:

        www.hastingsdc.govt.nz/meetings and

        www.hastingsdc.govt.nz/resourceconsents

 

 

     


File Ref: 17/1293

 

1.   

REPORT TO:             Hearings Committee

MEETING DATE:       Friday 8 December 2017

FROM:                       COMMITTEE SECRETARY

Christine Hilton

SUBJECT:                 Section 357A (1)(g) and (2) Resource Management Act 1991 - Objection to Decision on Resource Consent RMA20170287, 826 Te Apiti Road, Waimarama (Brett and Mary Stone)        

 

 

1.0     Introduction

 

1.1     This is a covering report relating to a hearing to be held on Friday, 8 December 2017 which addresses an objection to a decision on resource consent RMA20170287, 826 Te Apiti Road, Waimarama (Brett and Mary Stone).

 

 

This agenda can be viewed on the Council website and a reference hardcopy is held at the Council Civic Administration Building.

 

The associated web site links are:

        www.hastingsdc.govt.nz/meetings and

        www.hastingsdc.govt.nz/resourceconsents

 

 

 

(Note: For ease of reference, the Recommendations from the attached Planner’s Report are also set out below)

 

RECOMMENDATION

 

6.1.1  As the Officer’s report on RMA20170287 concluded, the proposal will not have adverse effects on the environment that are more than minor, any actual and potential effects on the environment of the allowing activity are to be considered under Section 104(1)(a) of the Resource Management Act 1991.

6.1.2  The proposal is however considered to be contrary with the overall direction set by the Objectives and Policies of the Rural Resource Strategy, Rural Zone and Subdivision sections of the Proposed District Plan and with the relevant Assessment Criteria under Section 30.1.8.2 of the Proposed District Plan in that:

·     The proposal does not promote the maintenance of the life-supporting capacity of Hastings District’s rural resources at sustainable levels.

·     The proposal does not meet the minimum size requirements for balance lots. This causes the balance lot to be less physically suited for productive use given its very limited and small size. 

·     The ability of the balance site to be farmed efficiently and effectively is significantly restricted by the proposed 3.62ha sized balance lot.

·     The proposed subdivision would diminish the productive nature of the land as it would see the formation of two small lots that would not be utilised in unison. This would further fragment the land and the life supporting capacity of the land and soil resource would not be safeguarded.

6.1.3   Adverse precedent and integrity of the District Plan are relevant to ‘other matters’ to be considered under Section 104(1)(c) of the Resource Management Act, 1991.  It is considered that the proposal will set an adverse precedent and challenge the integrity of the Proposed District Plan.

          There are 261 rural sites of a similar size in the Hastings District Rural Zone. If granted, it is considered likely that other properties within in this zone that have been developed in a similar manner could replicate this application. This would result in further fragmentation of the rural zone, an unsustainable number of lifestyle sites, and a significant impact on the rural resource.

          The subject site does not contain any sufficiently unique or unusual qualities that differentiate it from any of the other similar sized sites.

6.1.4   For the reasons set out above and in the Officer’s Report it is recommended that the objection by the applicant to refuse consent to RMA20170287 be dismissed.

 

Attachments:

 

a

Objection Planning Report

58570#0037

 

b

RMA20170287 - Application for Proposed Subdivision into two lots

58570#0023

 

c

RMA20170287 - Report Subdivision

58570#0025

 

d

RMA20170287 - Subdivision Decision

58570#0026

 

e

RMA20170287 - Brett and Mary Stone Objection to Decision under section  357A (1)(g) and (2) of the Resource Managment Act 1991 (RMA)

58570#0036

 

 

 


Objection Planning Report

Attachment 1

 

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RMA20170287 - Application for Proposed Subdivision into two lots

Attachment 2

 

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RMA20170287 - Report Subdivision RZ

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RMA20170287 - Subdivision Decision

Attachment 4

 

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RMA20170287 - Brett and Mary Stone Objection to Decision under section 357(1) 357A (g) and (2) of the Resource Managment Act 1991 (RMA)

Attachment 5

 

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