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 (7 including 6 Councillors)

Chairman appointed by the Council from the membership of 6 Councillors

Deputy Chairman appointed by the Council from the membership of 6 Councillors

4 other Councillors

1 externally appointed member with relevant qualifications and experience

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: 19/485

REPORT TO: Hearings Committee

MEETING DATE: Friday 31 May 2019

FROM: COMMITTEE SECRETARY

Christine Hilton

SUBJECT: A land use application for a non-complying activity resource consent from Waitomo Group Limited to establish a vehicle refuelling station at 11 Allen Road, Pakowhai, Hastings legally described as Sec 1 SO 9886 (RT HBM2/1280)

1.0 INTRODUCTION

1.1 This is a covering report relating to a land use application for a Non-Complying resource consent to establish a vehicle refuelling station at 11 Allen Road, Hastings (Waitomo Group Limited) (RMA20180217).

1.2 This agenda can be viewed on the Council 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 below.

RECOMMENDATIONS

That pursuant to Rules PP39, EM10, HS3, PP24, ADS5 of the Proposed Hastings District Plan (As Amended by Decisions 15 September 2015) and Sections 104, 104B, and 104D of the Resource Management Act 1991, consent is DECLINED to Waitomo Developments Limited to establish a refuelling station at 11 Allen Road, Pakowhai 4183, legally described as Sec 1 SO 9886.

WITH THE REASONS FOR THIS RECOMMENDATION BEING:

1. The adverse effects on the wider environment will be no more than minor, with mitigation including road upgrading works, landscaping and control of lighting, and stormwater control hazardous facility and emergency management controls in place.

2. The owners and occupiers of 4, 16/16A and 13 Allen Road are considered to be adversely affected by the proposal for the reasons stated below:

· The rural amenity and character of the location will be compromised as a direct result of the proposal, given the nature, scale and intensity of the activity proposed.

· The amenity and character for the area will not be reasonably maintained for residents.

· Trees will be close and overhang the boundary of 13 Allen Road.

· The activity will create a large area to the east of the pumps that would have potential for uncontrolled use by the public creating rubbish, toileting, and general disturbance and unreasonable security concerns for residents.

3. The proposed development and activity is overall contrary to the relevant Objectives, Policies and other provisions of the Proposed Hastings District Plan in particular to the following objectives and policies:

· RRSP2 and therefore RRS01 as the proposal involves the introduction of an activity that does not complement the resources of the rural area, as it has no direct relationship to the land for which is it is proposed.

· RRSO2, the proposal is not considered an efficient or innovative use or development of the rural resource

· RRSO3 and RPSP4 as the proposal presents a sporadic form of development and the grant of this consent would not amount to the anticipated management of activities in the urban area in a controlled manner

· PSMP2 as the activity is not linked to land based production and is not of a scale that is compatible with that environment

· PSMP3 as the activity and associated structures are considered to compromise the amenity of the environment because of the nature, scale and intensity of the activity.

· PSMP4 as the proposal does not have a direct relationship to crops grown and / or stock farmed within the Plains environment.

· PSMP6 as the proposal does not rely on the life supporting capacity of the soil but is not of a scale and for the environment and amenity expectations for the Plains environment.

· PSM01, as it is the overarching direction for Policies PSMP2, PSMP3 and PSRM4 and PSMP6 that the proposal is contrary to.

· Objective PP01 as it does not have a direct relationship to the productive nature of the area and its scale, nature and intensity has incompatible rural amenity and character effects on the immediate area.

· PPP4 as it has no direct relationship with the land based primary production, being a refueling activity.

· PP02 as the proposal does not demonstrate flexible options for use of the wider versatile land resource.

· PPP8 as the activity has not direct link to the use of the land and it’s scale and intensity do not protect sufficiently the rural character of the area.

· PPP13 in that the new activity and development is not consistent with the low scale nature that comprises the rural character and amenity of the zone.

· PPP15 with noise generated to be inconsistent with the character and amenity of the area and Plains Production zone.

· PP03 as the proposal will not retain an open and low scale nature that comprises the rural character and amenity in the Plains zone.

· ADS01, ADSP1 and ADSP2 as signage forms part of the wider proposal which would detract from the visual amenity and character of the environment.

· NS01, NS02, NSP1 as the proposal does not control sufficiently the emission of noise, may impact on resident’s health and the rural acoustic environment for the area is not maintained or enhanced.

The application may also be contrary to the following objectives and policies depending on clarifications on well provided at the hearing.

· NH01 and NH02 as the proposal may not sufficiently mitigate to an acceptable level the risk of a discharge event impacting on the underground water.

4. The proposal is a significant departure from the clear and understood policy direction for Plains Production Zone subdivision. As such it is considered that the application will undermine public confidence in and adversely affect the integrity of the District Plan. In addition, it will create an adverse precedent effect.

5. The application is inconsistent with Part II of the Resource Management Act 1991. This is because, in the opinion of the reporting planner, the proposal;

· will not result in the efficient use and development of the natural and physical land resource; and

· will not sufficiently avoid, remedy or mitigate adverse effects on the environment, in particular with respect of the rural character and amenity.

As such, it is considered that the purpose of the Act, being the sustainable management of natural and physical resources, will be better achieved if the application is declined.

Attachments:

a	Planning Report	53568#0188
b	Attachment B Section 95A and 95B Notification Assessment Report	53568#0173	Document 3
c	Attachment C Application Including Additional Information and TIA Peer Review	53568#0174	Document 2
d	Attachment D Council's Development Engineers Comments	53568#0175	Document 2
e	Attachment E Copy of Submissions	53568#0182
f	Attachment F Council's Request for Further Information Post Submissions	53568#0181	Document 3
g	Attachment G Copy of Information Received After Close of Submissions	53568#0180	Document 3
h	Attachment H Copy RMA20190051 1003 Links Road Pakowhai	53568#0179	Document 2
i	Attachment I Copy of RMA20150318 Decision Farndon Road	53568#0183	Document 2
j	Attachment J Copy of Environment Court Decisions	53568#0178	Document 3
k	Attachment K Copy of RMA20180159 167 Gimblett Road	53568#0176	Document 2
l	Attachment L Regional Policy Statement Extract	53568#0177	Document 2

Planning Report

Attachment 1

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Committee Members	Panel Members Rostered on for this hearing: Chair: Councillor Lyons Councillors Barber and Schollum Other Hearings Committee Members (not rostered on for this hearing): Councillors Heaps, Kerr (Deputy Chair), Redstone and Mr P Kay
Officer Responsible	Environmental Consents Manager – Murray Arnold
Reporting Planner	Environmental Planner (Consents) Rebecca Jarman
Committee Secretary	Christine Hilton (Ext 5633)