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 (6 including 5 Councillors)

Chairman appointed by the Council

Deputy Chairman appointed by the Council

3 other Councillors

1 member appointed by the Council from the Hastings District 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.

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 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 Stratey, Planning and Partnerships 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 Strategy, Planning and Partnerships 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.

File Ref: 18/937

REPORT TO: Hearings Committee

MEETING DATE: Monday 29 October 2018

FROM: COMMITTEE SECRETARY

Christine Hilton

SUBJECT: Proposed Subdivision of 126 Main Road, Clive into 6 residential sites, a commercial site and an esplanade reserve

1.0 INTRODUCTION

1.1 This is a covering report relating to the proposed subdivision of 126 Main Road, Clive into 6 residential sites, a commercial site and an esplanade reserve.

1.2 This agenda can be viewed on the Council’s website and a reference hardcopy is held at the Ground Floor Reception, Council’s Civic Administration Building, Lyndon Road East, Hastings.

1.3 For ease of reference the recommendations from the attached Planner’s Report are also set out on the following pages.

2.0 RECOMMENDATION

RECOMMENDATION

That pursuant to:

(a) Rules SLD25 (Subdivision) and PP38 (Land Use) of the Proposed Hastings District Plan (As Amended by Decisions 15 September 2015);

(b) Regulations 9(1) and 9(3) of the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011; and

(c) Sections 104, 104B, 104D, 108 and 220 of the Resource Management Act 1991, resource consent as a Non-Complying Activity is GRANTED to Charlie and Susan Davidson to:

(i) Subdivide Lot 1 and Lot 4 DP 8555 (CFR HB137/171) into 6 residential sites, a commercial site and an esplanade reserve; and

(ii) Waive the requirement for building platforms to comply with the zone setback distances (yards);

(iii) Waive the requirement to provide a 20 metre wide esplanade reserve adjacent the Ngaruroro (Clive) River; and

(iv) Waive the density and yard requirements for the Plains Production Zone for all sites.

SUBJECT TO THE FOLLOWING CONDITIONS:

GENERAL

1. That unless otherwise altered by the consent conditions the proposal shall be carried out in general accordance with the application lodged with the Council on 16 January 2018 (HDC Ref: 57681#0286), and further Information provided on 12 and 27 June 2018, and 1 August 2018 (HDC Ref: 57681#0307-0312 and #0321).

2. The Land Transfer Plan to give effect to this subdivision consent shall be consistent with the scheme plan, prepared by Bill Moore dated: 31/07/2018, Reference: The Davidson’s Subdivision, Sheet 3, (HDC Reference: PID 57681#0321), a copy of the approved scheme plan is attached.

EASEMENTS

3. That pursuant to Section 243 of the Resource Management Act 1991 all easements shown on the approved plan and included in the memorandum of easements submitted with the application, shall be included in a memorandum as part of the online LT plan package, and shall be granted or reserved. Easements shall be provided to secure stormwater disposal over Lot 8 (Esplanade Reserve).

4. All easement widths shall be in accordance with the requirements of the Proposed District Plan and Engineering Code of Practice 2011, and shall be duly granted or reserved upon deposit and issue of the Certificates of Title.

5. In terms of condition 4 above, the applicant shall demonstrate how all rights of way comply with the Hastings District Council’s Engineering Code of Practice 2011 including access width, gradients, tracking circles/lines, passing bays etc.

6. That all cross-boundary services shall be removed or secured by easements.

ESPLANADE RESERVE

7. Lot 8 shall be vested as Esplanade Reserve in Hastings District Council.

COMMENCEMENT OF ENGINEERING WORKS

8. No engineering works shall be undertaken until the engineering design plans required by Condition 10 have been approved by the Environmental Consents Manager, Planning and Regulatory Services, Hastings District Council (or nominee).

MONITORING

9. That a monitoring deposit of $190 (including GST) shall be payable to cover the reasonable costs of monitoring compliance with the consent 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 the 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.

ENGINEERING DESIGN

10. Prior to the commencement of engineering works, the consent holder shall submit engineering design plans to the Environmental Consents Manager, Hastings District Council (or nominee) for approval. The engineering design plans shall include, but not be limited to:

a) Internal Roads and parking areas, including pavement design;

b) Access and turning circles on each proposed site, and turning heads;

c) Stormwater drainage systems, including discharge to the Clive River and Pre-development stormwater discharges not being exceeded;

d) Accommodation for 1 in 50 year storm events;

e) Water supply/storage to show compliance with the Hastings District Council’s Engineering Code of Practice 2011 and the New Zealand Fire Service Firefighting Water Supplies Code of Practice (NZS 4509:2008) and the New Zealand Drinking Water Standards 2005, including provision of fire couplings on the water supply system;

f) Wastewater connections for all lots;

g) Fully staged producer statements and quality assurance statements.

11. The required engineering design plans shall detail the ways in which design and construction will comply with the Council’s Engineering Code of Practice 2011, or a prior agreed alternative design where this varies from the Code of Practice.

12. That development within the site shall be required to implement low impact design principles in accordance with the Hawkes Bay Regional Council Waterway Design Guidelines. The required measures shall include the assessment and provision of treatment of storm water and that attenuation shall be provided to pre-development levels to minimise changes to the hydrological regime by attenuating post development peak flow rates to pre development levels for the 50 year ARI storm event. The net peak storm water discharge rate to the receiving drainage systems (beyond the site boundaries) shall not be increased by the proposal. Any surplus storm water runoff shall be suitably dissipated to ensure that no scour damage occurs to the receiving environment.

13. That Lots 4 - 7 shall be provided with a potable water supply connection to the existing water supply on the site.

14. That Lots 1-7 shall be provided with a stormwater connection to the Clive River or other approved stormwater disposal outlet. The combined/single outlet for all new lots shall be constructed in accordance with the requirements of the Hawke’s Bay Regional Council.

15. That each Lot shall be provided with a connection to the sewer in Main Road (SH 2). Building Consent will be required for the reticulation works. Any existing drain proposed to serve the new lots shall be proven as being suitable for the additional load to the satisfaction of the Development Engineer (Consents) or nominee.

16. That all works within the legal road reserve shall be undertaken by a contractor who is pre-approved to do so by Hastings District Council.

17. Prior to Section 224(c) approval the consent holder shall construct the servicing, access and parking areas in accordance with the approved design plans.

18. Prior to Section 224(c) approval, the consent holder shall provide as-built plans in accordance with the Hastings District Council Engineering Code of Practice (2011) on completion of the construction of all vehicle accesses, parking areas, water supply, wastewater and stormwater drainage systems. These plans shall be submitted to the Environmental Consents Manager, Hastings District Council (or nominee) once construction is completed and shall be certified as a complete and correct record by a suitably qualified person.

19. That the consent holder shall submit a Form 5 “Certification of construction and completion of engineering works for subdivision”, Appendix 62 Proposed Hastings District Plan (As Amended by Decisions September 2015), to the Environmental Consents Manager (or nominee), Hastings District Council, on the completion of the engineering works.

FIREFIGHTING WATER SUPPLY

20. That a firefighting coupling in accordance with Standards NZ PAS 4509:2008 shall be installed on the existing well head on the site prior to Section 224(c) certification.

PARKING AREAS

21. That the proposed changes to the traffic flow to the sites and the parking area for the café shall be implemented prior to Section 224(c) certification. These changes shall include appropriate signage, traffic calming measures, directional arrows and contrasting markings with the concrete surface.

22. That a minimum of 15 carparking spaces and one loading space shall be provided for the Commercial Activities on Lot 2.

23. That the parking area on Lot 2 shall be formed, drained, sealed and marked in accordance with the Proposed Hastings District Plan and Engineering Code of Practice 2011, prior to Section 224(c) certification.

FENCING & LANDSCAPING

24. That the consent holder shall erect a 2 metre high close bordered wooden fence, or other approved design to the satisfaction of the Environmental Consents Manager (or nominee), Hastings District Council, along the boundary of proposed Lots 1, 6 and 7 where it adjoins 120 Main Road Clive (Lots 1 and 2 DP 10515 (CFR HBA1/964), prior to Section 224(c) approval.

25. The consent holder shall submit a landscaping plan for the approval of the Environmental Consents Manager, Planning & Regulatory Services, Hastings District Council (or nominee) prior to Section 224(c) certification to achieve an effective screen (up to 4 metres in height) for the adjoining properties at 120 and 124 Main Road, Clive.

26. The landscaping plan shall include planting specifications detailing the specific planting species, the number of plants provided, locations, heights/Pb sizes (being a minimum of 1 metre at the time of planting), and leave sufficient space for ongoing maintenance/trimming from within the site, at 4 metres high. Provision shall also be made for irrigation of the landscaping.

27. Landscaping in accordance with the Approved Plan shall be planted prior to Section 224(c) certification.

28. That a Consent Notice pursuant to Section 221 of the Resource Management Act 1991 be issued by Council and registered against the certificate of title to be issued for Lots 1, 6 and 7 inclusive. The notice shall be registered at the consent holder’s expense and shall read as follows:

Landscaping along the boundary with 120 and 124 Main Road, Clive, planted at the time of subdivision consent RMA20180010, shall be maintained in perpetuity with a minimum height of 2 metres and a maximum height of 4 metres. Note: Maintained means the ongoing replacement of any dangerous, dead or dying matter, the replacement of any plants that are lost or are otherwise defective and the general preservation of the landscaping to a healthy standard including irrigation.

29. That a Consent Notice pursuant to Section 221 of the Resource Management Act 1991 be issued by Council and registered against the certificate of title to be issued for Lots 1 and 3 hereon. The notice shall be registered at the consent holder’s expense and shall read as follows:

In the event that the Esplanade Reserve (Lot 8 on DP….) becomes publically accessible, any fence built on or within 2 metres of the boundary of the reserve shall be a 1.2 metre to 1.8 metre high open style steel pool fence, galvanised and powder coated, or other similar alternative design if agreed to by the Environmental Consents Manager, Hastings District Council.

That a mowing strip shall be constructed with any fence.

The Hastings District Council is not liable for any costs associated with erecting, replacing or maintaining any fence bounding the reserve.

Gates between the residential lot and the reserve can be installed at the owner’s discretion, and in a style matching the fence.

GEOTECHNICAL CONSENT NOTICE

30. That a Consent Notice pursuant to Section 221 of the Resource Management Act 1991 be issued by Council and registered against the certificate of title to be issued for Lots 1 to 7 inclusive. The notice shall be registered at the consent holder’s expense and shall read as follows:

That all building development on this site shall only be undertaken in accordance with a site specific geotechnical report and the recommendations from a registered and professionally qualified engineer experienced in soils engineering and the recommendations of the ‘Preliminary Geotechnical Report for Charlie & Susan Davidson’ prepared by Cheal, dated: 18 May 2018, and referenced 18147, (HDC Ref: 57681#0308).

REVERSE SENSITIVITY

31. That a Consent Notice pursuant to Section 221 of the Resource Management Act 1991 shall be issued by Council and registered against the certificate of title to be issued for Lots 1 to 7 hereon. The notice shall be registered at the consent holder’s expense and shall read as follows:

This property is located in the Plains Production Zone where agricultural management practices such as agrochemical spraying, forestry, use of farm machinery, the operation of bird scarers and other similar activities may occur.

Where land use activities in the surrounding area are carried out in accordance with the relevant District Plan requirements, the property owner, or their successor in title shall not:

Bring any proceedings for damages, negligence, nuisance, trespass or interference arising from the use of that land; or

(a) Make nor lodge; nor

(b) Be party to; nor

(c) Finance nor contribute to the cost of;

Any application, proceeding or appeal (either pursuant to the Resource Management Act 1991 or otherwise) designed or intended to limit, prohibit or restrict the continuation of the operations of any rural activity on surrounding land, including without limitation any action to require the surrounding landowners/occupiers to modify the rural operations carried out on their land.

NO FURTHER SUBDIVISION RESTRICTION

32. That a Consent Notice pursuant to Section 221 of the Resource Management Act 1991 be issued by Council and registered against the certificate of title to be issued for Lots 1 to 7 hereon. The notice shall be registered at the consent holder’s expense and shall read as follows:

There shall be no further subdivision of this site.

DEVELOPMENT CONTROLS

33. That a Consent Notice pursuant to Section 221 of the Resource Management Act 1991 be issued by Council and registered against the certificate of title to be issued for Lots 1 to 7 hereon. The notice shall be registered at the consent holder’s expense and shall read as follows:

Notwithstanding the provisions of any District Plan, all building development on the site shall be in accordance with the Permitted Activities specified in Section 10.2.4and the General and Specific Performance Standards in Sections 10.2.5 and 10.2.6 of the Clive-Whakatu Residential Zone of the Proposed Hastings District Plan (As Amended by Decisions 12 September 2015), except for the following site specific standards:

Density (Lot 3)

Development on the site shall not exceed one residential building and associated accessory buildings.

Yard Setbacks (Lots 6 and 7)

Any building used for a residential activity or visitor accommodation activity on Lots 6 and 7 shall be setback a minimum of 10 metres and any building accessory to a residential activity or visitor accommodation activity shall be setback a minimum of 5 metres from the boundary with 120 Main Road, Clive (Lots 1 and 2 DP 10515, CFR HBA1/964).

Commercial Activities (Lot 2)

To avoid doubt, the existing commercial activities occurring on Lot 2 have been established by resource consents RMA20110411, RMA20120304 and RMA20160043 and have been given effect to. Should the consents be surrendered or the commercial activities cease and Section 10 of the Resource Management Act 1991 does not apply (existing use rights), all development on Lot 2 shall be in accordance with the Permitted Activities specified in Section 10.2.4 and the General and Specific Performance Standards in Sections 10.2.5 and 10.2.6 of the Clive-Whakatu Residential Zone of the Proposed Hastings District Plan (As Amended by Decisions 12 September 2015).

WITH THE REASONS FOR THIS RECOMMENDATION BEING:

1. The GENERAL conditions ensure that the subdivision proceeds in accordance with the information provided in the application.

2. The EASEMENT conditions ensure that the subdivision provides appropriate legal mechanisms for cross boundary services.

3. The ESPLANADE RESERVE condition ensures Lot 8 is vested as Esplanade Reserve to preserve public access to the Clive River in the future.

4. The COMMENCEMENT OF ENGINEERING WORKS condition ensures that no work is undertaken unless it has been approved by Council.

5. The MONITORING CONDITION ensures that the consent holder pays the reasonable cost of monitoring the conditions of consent.

6. The ENGINEERING DESIGN conditions ensure that the engineering works are designed in accordance with the relevant codes of practice.

7. The FIREFIGHTING WATER SUPPLY condition ensures that appropriate provision is made for firefighting in accordance with the relevant NZ Standard.

8. The PARKING AREA conditions ensure that the access and parking arrangements are developed in accordance with the approved plans.

9. The FENCING and LANDSCAPING conditions ensure that the development is landscaped in accordance with the approved landscaping plans and will mitigate visual or landscape effects from building development.

10. The GEOTECHNICAL condition ensures that future buildings will be designed and constructed appropriately and that all buildings and structures are able to be constructed with minimal risk of being affected by any potential geotechnical hazards.

11. The REVERSE SENSITIVITY condition ensures that reverse sensitivity effects are mitigated; that purchasers of the proposed sites do so with the knowledge of a no complaints covenant raising awareness of potential farming effects on adjoining residential uses.

12. The NO FURTHER SUBDIVISION RESTRICTION condition restricts future subdivision of the sites.

13. The DEVELOPMENT CONTROL condition ensures that future buildings are built to the standards of the adjoining residential zone to ensure compatibility with the surrounding environment and ensures future dwellings are setback further to reduce cross boundary effects with the adjoining Plains Production Zone site.

14. In terms of Section 104(1)(a) the proposed subdivision is unlikely to have any more than minor adverse effects on the environment in that:

· The sites can be adequately serviced by reticulated wastewater and onsite water and stormwater disposal;

· Safe and efficient access can be provided;

· The development controls imposed will ensure that any adverse effects on amenity levels and the environment will be no more than minor;

· It is unlikely that there will be any major reverse sensitivity or cross boundary effects generated by this proposal;

· Appropriate provision has been made for future access and protection of the Clive River margin via an Esplanade Reserve;

· The proposal has been assessed by a Suitably Qualified and Experienced Practitioner as complying with the NES for Soil Contamination for the Rural Residential Lifestyle 25% produce standard, being the most stringent standard;

· No adverse effects on human health resulting from contaminated soil are anticipated by the proposal.

15. In terms of Section 104(1)(b) the proposal is consistent with national policy statement relevant to this application on urban development capacity. The NZ coastal policy statement is not relevant and the proposal is not considered to be contrary with the Regional Resource Management Plan. The proposal is however considered to be contrary to the Proposed Hastings District Plan’s objectives and policies as it is clear that the proposed residential sites will totally alienate the life-supporting capacity of the soils within the site from future productive potential and the residential sites will not be landholdings that can accommodate activities that retain the life-supporting capacity of the Heretaunga Plains soil resources.

16. In terms of Section 104(1)(c) the proposal will not create a precedent effect, nor will it undermine the consistent administration of the Proposed District Plan in that:

· The proposal will not give rise to urban sprawl;

· The site is unique in that it is serviced by a reticulated wastewater connection which no other Plains Production Zone site has on the northern side of Main Road, Clive;

· Due to the lack of availability of wastewater services the subdivision of Plains Production Zone properties along the northern side of Main Road is unlikely to be encouraged by the granting of consent;

· The proposal is not in an area identified in the Heretaunga Plains Urban Development Strategy 2017 as inappropriate for development.

17. In terms of Section 104D the effects on the environment will be no more than minor, however the proposal is contrary to the key objectives and policies of the Plains Production Zone of the Proposed Hastings District Plan. The proposal can however qualify for consideration under Section 104D(1)(a), and pursuant to Section 104(1), and subject to Part II of the Act.

18. No circumstances exist in Section 106 of the Resource Management Act 1991 (access and natural hazards) that would require Council to decline the application.

19. Overall the proposal promotes sustainable management as required by Part II of the Resource Management Act 1991 in that:

· It will result in acceptable adverse effects on landscape, rural character, and amenity effects;

· Despite alienating the soils within the site, the life supporting capacity of the soil resource of the wider Heretaunga Plains will be not be adversely affected, and that the residential activities allowed will not limit the productive utility of the adjoining Plains Production zoned site;

· Any potential adverse effects can be avoided, remedied or mitigated by conditions of consent.

ADVICE NOTES:

1. If it is intended to make any changes to the easements, staging or scheme plan approved by the Council as part of this resource consent, a new approval may be required. If you have any doubts as to whether or not a new application will be required, please contact one of Council's Environmental Consent Planners.

2. To avoid doubt, except as otherwise allowed by this resource consent, all landuses must comply with all remaining standards and terms of the relevant Hastings District Plan. The proposal must also comply with the Building Act 2004, Engineering Code of Practice and Hawke’s Bay Regional Plans. All necessary consents and permits shall be obtained prior to development.

3. Under Section 125 of the Resource Management Act 1991 a resource consent will lapse if not given effect to within 5 years of the date the consent was granted, unless an extension is granted under Section 125(1A).

Approved Scheme Plan (HDC Ref: 57681#0321)

Approved Easement Schedule

Attachments:

a	s42A Hearing report	57681#0335
b	Application For an 8 Lot subdivision to separate the existing activities; create 4 new residential sites; and a	57681#0286
c	Section 95A and 95B Notification Report	57681#0317
d	Response to Sec 92 Information Request Letter	57681#0307	Document 2
e	Attachments 1 - 3 Further Information Response (Esplande Reserve, Power and Geotech)	57681#0308	Document 2
f	Attachments 4 - 6 Further Information Response (Easement Plan & NZTA Approval)	57681#0309	Document 2
g	Attachments 7 - 8 Further Information Response (Water Supply and Firefighting)	57681#0341	Document 2
h	Attachments 9 - 10 Further Information Response (Stormwater and APC's)	57681#0311	Document 2
i	Covering email and letter from P McKay to HDC with traffic statement from Urban Connection - for C and S Davidson hearing on 29 October 2018	57681#0337	Document 2
j	Email chain from P McKay and Ceri Edmonds to HDC - HBRC comments on amended esplanade reserve - C and S Davidson hearing on 29 October 2018	57681#0338	Document 2
k	Final Affected Persons Consents - for C and S Davidson Hearing on 29 October 2018	57681#0339	Document 2
l	Final Scheme Plan	57681#0321
m	Submission (Spain)	57681#0327

s42A Hearing report

Attachment 1

PDF Creator

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