Agenda of Hearings Committee Meeting

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

Building Act 2004

Health Act 1956

Dog Control Act 1996

Litter Act 1979

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

3 members appointed by the Council

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

Quorum* –

a) 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.

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

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

d) 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.

e) For the purpose of hearing any objection in respect of the matters detailed under the Dog Control Act 1996 the Hearings Committee will consist of any three members selected by the Chair.

* In the case of hearings under the provisions of the Resource Management Act 1991 the quorum is to meet the obligations contained in section 39B of the Act.

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 Council Chamber, Ground Floor, Civic Administration Building, Lyndon Road East, Hastings on

Wednesday, 14 March 2018 AT 9.30am.

1. Apologies

Leave of Absence had previously been granted to Councillor Redstone

2. Proposed Extension to Eversley Carehome at 400 Cornwall Road, Hastings and 700 Nelson Street North, Hastings

Documents circulated for Hearing - Compiled as Two Separate documents

Document 1 The covering administrative report Pg 1

Attachment a Planner's Report Pg 7

Attachment b Application Proposed Additional Two Level Care Home Complex Pg 89

Document 2 Containing this attachment

Attachment c Isthmus Peer Review

Attachment d Boffa Miskell Response

Attachment e Further Information

Attachment f Parking Surveys

Attachment g Transport and Parking Comments

Attachment h Final Engineering Comments 400 Cornwall Road

Attachment i Submission #1 Kenneth Nicholson and Suzanne Smith

Attachment j Submission #2 - Sue Costigan

Attachment k Submission #3 Abraham and Melanie Ungerer

Attachment l Submission #4 Peter and Barbara Stormer

Attachment m Submission #5 Jane Cardwell

Attachment n Submission #6 Graeme and Penelope Reid

Attachment o Submission #7 Susan Joy Mends

Attachment p Submission #8 Roger Tuck and Zinaidae Unieziene

Attachment q Submission # 9 Ethel and Andrew Gibbs

Attachment r Submission # 10 William and Valerie Duthie

Attachment s Submission # 11 Group Submission of Residents of Nelson St North, Kitchener St and Roberts St

Attachment t Submission # 12 Florance MacEwan

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: 18/129

REPORT TO: Hearings Committee

MEETING DATE: Wednesday 14 March 2018

FROM: COMMITTEE SECRETARY

Christine Hilton

SUBJECT: Proposed Extension to Eversley Carehome at 400 Cornwall Road, Hastings and 700 Nelson Street North, Hastings

1.0 INTRODUCTION

1.1 This is a covering report relating to a hearing to be held on Wednesday, 14 March 2018 which the proposed extension to Eversley Carehome at 400 Cornwall Road, Hastings and 700 Nelson Street North, Hastings.

1.2 For ease of reference the recommendations from that report are set out below:

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

RECOMMENDATION

Pursuant to Rule CL26, HC25, OSZ15 and TP2 of the Proposed Hastings District Plan (As Amended by Decisions 12 September 2015) and Sections 104 and 104D of the Resource Management Act 1991, consent as a Non-Complying Activity is Granted to Oceania Healthcare for a two level extension of the Eversley carehome to provide for an additional 59 care suites over two existing sites being Lot 250 DP 2529, Lot 37 DP 2680 and Section 92 Block XV Heretaunga Survey District (CFR: HBK1/652) and Lot 35-36 DP 2680 (CFR: HBD2/1015) at 400 Cornwall Road and 700 Nelson Street North, Hastings.

GENERAL

1. That the development proceeds in accordance with the plans and information submitted in the application (HDC Ref: 15313#0162), Resource Consent RMA20170296, application received 21^st August 2017, and the further information and revised landscape plan dated 2^nd February 2018 (HDC references 15313#0166, #0189, #0190) and in particular the building location on the site, the maximum heights, and the colours, exterior finishes and landscaping, unless otherwise altered by the conditions of consent.

SERVICING

2. That in accordance with the application the development shall be provided with water via the existing single RPZ protected and metered connection to the water main in Nelson Road. All other connections shall be permanently abandoned and removed.

3. That the development shall be provided with storm water connections to the kerb and channel in Nelson Road and Kitchener Street in accordance with the Engineering Code of practice 2011. All stormwater from this development shall be discharged via these connections.

4. That in accordance with the application documents a minimum of 36m³ of on-site storm water attenuation shall be provided.

5. That the development shall be provided with connections to the sewer in Nelson Road and / or Kitchener Street.

6. That all redundant service connections shall be permanently stopped off.

7. That all connections and other work to the Hastings District Councils reticulated water services ( waste water storm water and water supply) shall be subject to the approval of application(s) for the connection(s)

TRANSPORTATION

8. That the development shall be provided with commercial grade vehicle crossings in accordance with drawing C19 of the Engineering Code of Practice 2011.

9. That prior to commencement of works to construct the vehicle crossing(s) an application for these shall be submitted to and approved by Hastings District Council.

10. That prior to final surfacing of the vehicle crossings and the reinstated footpaths, the preparatory works shall be presented to the Hastings District Council for approval.

11. That all redundant vehicle crossings shall be reinstated as footpath and full height kerbs.

12. That all works within the boundaries of the public road shall be undertaken by a contractor who is pre-approved by the Hastings District Council to work within the road reserve.

13. That the applicant shall submit a construction traffic management plan for approval by the Environmental Consents Manager, Planning and Regulatory Services Hastings District Council (or nominee) prior to the commencement of any work on the site.

14. Vehicle parking areas shall be formed, drained, sealed and marked out in accordance with the District Plan and the Engineering Code of Practice.

EARTHWORKS

15. That the applicant shall submit to Council a final design, detailing the earthworks to be carried out, overland flow paths and proposed finished ground levels within the development, for approval by the Environmental Consents Manager, Planning and Regulatory Services Hastings District Council (or nominee), prior to construction.

16. That the applicant shall submit a sediment control plan by an appropriately qualified person to Council, for approval by the Development Engineer, Planning and Regulatory Services Hastings District Council (or nominee), prior to the commencement of any work on the site. The plan shall detail how sediment and erosion controls will be carried out at the site in accordance with current engineering best practice. A statement shall be included with the plan stating the author's qualifications and experience in this area.

These controls shall be maintained throughout the period of the works, to the satisfaction of the Environmental Consents Manager, Planning and Regulatory Services Hastings District Council (or nominee).

17. That there shall be no off-site deposit of sediment or detritus from the area of the works and no deposit of sediment or detritus into any watercourse or storm water drain.

18. That a registered and professionally qualified engineer shall certify that the sedimentation works have been designed and constructed in accordance with the approved design.

19. That earthworks shall be limited to the hours of 7.00 am - 5.00 pm Monday – Friday, and 8.00 am – 5.00 pm Saturday.

20. That a Dust Management Plan shall be submitted to the Environmental Consents Manager, Hastings District Council (or Nominee) that demonstrates how the consent holder will manage the risk to human health and nuisance to adjoining sites, from windblown dust from disturbed soil that is temporarily exposed or stockpiled on the site.

21. That the Dust Management Plan listed in Condition 20 shall be submitted to the Environmental Consents Manager, Hastings District Council (or Nominee) at least 20 working days prior to the commencement of any construction activities for certification that the plans are generally in accordance with the application.

22. That the location and dimensions and depth of any area of fill shall be identified on an As Built plan of the subdivision and provided to the Environmental Consents Manager, Planning and Regulatory Services Hastings District Council (or nominee).

23. The applicant shall submit a completion report and Form 6 (Appendix 62 of the Proposed Hastings District Plan) from a Chartered Professional Engineer specialising in geotechnical matters confirming the stability and suitability of the land for the building development. This statement of professional opinion and completion report shall pay particular regard to the liquefaction risks affecting the site, and the impact of any irregularities that may exist in the subsoil arising from the previous removal of trees and buildings.

NOISE

24. The operation of the Eversley Carehome shall not exceed the following noise limits at any point beyond the boundary.

Control Hours	Noise Level
0700 to 1900 hours	50db L_{Aeq(15 min)}
1900 to 2200 hours	45 Db L_{Aeq(15 min)}
2200 to 0700 hours the following day	40 Db L_{Aeq(15 min)}
2200 to 0700 hours the following day	75 Db L_AFmax

25. That all earthworks operations shall be so conducted as to comply with the provisions of New Zealand Standard NZS 6803: 1999 Acoustics – Construction Noise.

26. Noise levels will be measured in accordance with the New Zealand Standards NZS 6803: 1999 Acoustics – Construction Noise.

MONITORING

27. That a monitoring deposit of $180 (including GST) shall be payable to cover the reasonable costs of monitoring compliance with the above conditions in accordance with Council's schedule of charges.

In the event of non-compliance being detected by monitoring or justified complaint and/or the costs of monitoring consent exceeding the deposit, the costs to Council of any additional monitoring shall be paid by the consent holder in accordance with the Council's advertised schedule of fees.

Attachments:

a	Planner's Report	15313#0186
b	Application Proposed Additional Two Level Care Home Complex	15313#0162
c	Isthmus Peer Review	15313#0196	Document 2
d	Boffa Miskell Response	15313#0189	Document 2
e	Further Information	15313#0190	Document 2
f	Parking Surveys	15313#0191	Document 2
g	Transport and Parking Comments	15313#0198	Document 2
h	Final Engineering Comments 400 cornwall street	15313#0185	Document 2
i	Submission #1 Kenneth Nicholson and Suzanne Smith	15313#0174	Document 2
j	Submission #2 - Sue Costigan	15313#0175	Document 2
k	Submission #3 Abraham and Melanie Ungerer	15313#0176	Document 2
l	Submission #4 Peter and Barbara Stormer	15313#0177	Document 2
m	Submission #5 Jane Cardwell	15313#0178	Document 2
n	Submission #6 Graeme and Penelope Reid	15313#0179	Document 2
o	Submission #7 Susan Joy Mends	15313#0180	Document 2
p	Submission #8 Roger Tuck and Zinaidae Unieziene	15313#0181	Document 2
q	Submission # 9 Ethel and Andrew Gibbs	15313#0182	Document 2
r	Submission # 10 William and Valerie Duthie	15313#0183	Document 2
s	Submission # 11 Group Submission of Residents of Nelson St North, Kitchener St and Roberts St	15313#0192	Document 2
t	Submission # 12 Florance MacEwan	15313#0188	Document 2

Planner's Report

Attachment 1

PDF Creator

Committee Members	Panel Members for this hearing: Chair: Councillor Lyons, Councillor Heaps and Hastings District Rural Community Board Member: Mr P Kay Other Members (not Rostered on for this hearing): Councillors Barber, Kerr and Redstone
Officer Responsible	Environmental Consents Manager – Murray Arnold
Reporting Planner	Senior Environmental Planner (Consents) – Mrs Catherine Boulton
Committee Secretary	Christine Hilton (Ext 5633)