Delegated Matters from 1St April to 1St August 2015

HAURAKI DISTRICT COUNCIL

RESOURCE MANAGEMENT ACT DECISIONS MADE UNDER DELEGATED AUTHORITY OF PLANNING AND REGULATORY DEPARTMENT

FOR THE PERIOD 1ST APRIL to 1ST AUGUST 2015

Delegated Matters from 1st April to 1st August 2015

1. FRED_n1338595_v1_Decision_Sheet_for_Cancellation_of_Amalgamation 1 Condition for Cotter_subdivision_66_Old_Rotokohu Road, Paeroa 2. FRED_n1339901_v1_Decision_Sheet_for_2015_Variation_to_Agrivest_Limited 2 Rob_Johnson_Architect__landuse_1153_Miranda Road, Kaiaua 3. FRED_n1339583_v1_Decision_Sheet_Orchard_landuse_7_Russell_Street 5 Waihi 4. FRED_n1339370_v1_Decision_Sheet_Cumming_subdivision 7 90_Dickey_Flat_Road_Waihi 5. FRED_n1327954_v1_Decision_Sheet_Knyvett_subdivision_Princes_Street 9 Waikino 6. FRED_n1335625_v1_Decision_Sheet_Kindergarten_landuse_Wood_Street 12 Paeroa 7. FRED_n1341022_v1_Decision_Sheet__yard_encroachment__Nielsen_landuse 15 335_Old_Netherton_Road_Paeroa 8. FRED_n1346186_v1_Decision_Sheet_for_Independent_Commissioners 17 Decision Hauraki_District_Council_Landuse_Corne 9. FRED_n1344610_v1_Decision_Sheet_for_2015_Variation_to_Mora_two_stage 21 subdivision_144_Frankton_Road_Waitawheta 10. FRED_n1330478_v1_Decision_Sheet_for_2015_Variation_to_Fairgray Subdivision 29 5_Moray_Place_Whiritoa 11. FRED_n1304665_v1_Decision_Sheet_Twemlow_subdivision 34 13_Tauranga_Road_Waihi 12. FRED_n1360703_v1_Decision_Sheet_for_Extension_of_Time_for Notification 38 Duckworth subdivision_701_Back_Miranda 13. FRED_n1362073_v1_Independent_Commissioner_Decision_Sheet_for 39 Hauraki District Council_landuse_24_Princes_Street, Waikino 14. FRED_n1363018_v1_Decision_Sheet_for_2015_Objection_Pascoe Subdivision 43 Thomas_Place_Adams_Street_and_Silverton Road, Waihi 15. FRED_n1363373_v1_Decision_Sheet_for_Independent_Commissioner 47 Decision for Sport_n Action_Waihi_Charitable_Trust 16. FRED_n1367372_v1_Decision_Sheet_Gerrand_combined_subdivision_and 57 Landuse 826_Waiwheta_Road_Waihi 17. FRED_n1377938_v1_Decision_Sheet_Bogiatto_landuse__yard 59 encroachment_13_Brenan_Street_Paeroa 18. FRED_n1382056_v1_Decision_Sheet_for_China_Forestry_New_Zealand_Ltd_ 61 PF_Olsen_Ltd_for__landuse_Patetonga_Forest 19. FRED_n1385932_v1_Decision_Sheet_Burne_landuse__yard_encroachment_ 64 19_Parry_Palm_Avenue_Waihi 20. FRED_n1386684_v1_Decision_Sheet_Lewis_landuse__yard_encroachment 66 151_Heard_Road_Waihi 21. FRED_n1378783_v1_Decision_Sheet_Torrens_subdivision_49_Kelly_Road_Waihi 68 22. FRED_n1387291_v1_Decision_Sheet_van_de_Veen_subdivision 74 267_Ngatitangata_Road_Waihi 23. FRED_n1387526_v1_Decision_Sheet_for_Fyfe-Morgan combined 78 subdivision_and_landuse_18_Kaiaua_Road_Kaiaua 24. FRED_n1383210_v1_Decision_Sheet_Orchard_subdivision_667_Golden_Valley 82 Road_Waihi 25. FRED_n1388178_v1_Decision_Sheet_Brydon_landuse_53_Benner_Drive_Ngatea 84 26. FRED_n1388428_v1_Decision_Sheet_B_and_B_Pacific_Trust_landuse 86 12_Settlers_Drive_Waihi 27. FRED_n1374533_v1_Decision_Sheet_Alcon_landuse_310_Kaiaua_Road_Kaiaua 89 28. FRED_n1389131_v1_Decision_Sheet_Jansma_landuse_30_Kent_Crescent_Waihi 91 29. FRED_n1389898_v1_Decision_Sheet_Huizing_subdivision_41_Rifle_Range_Road_ 93 Waihi 30. FRED_n1390430_v1_Decision_Sheet_for_Independent_Commissioners 97 Recommendation for_Hauraki_District_Council_ 31. FRED_n1389839_v1_Report_and_Decision_Sheet_for_2015_Variation_to 98 Condition_4__telephone__for_Steve_Green_Ltd_ 32. FRED_n1390736_v1_Decision_Sheet_Dingwall_Trust_landuse 105 171-1722_East_Coast_Road_Kaiaua 33. FRED_n1396080_v1_Decison_Sheet_for_Objection_to_Condition_2(a)_ii_ 110 China_Forestry_New_Zealand_Limited_(P F_Olsen Ltd Landuse Patetonga Forest)

Delegated Matters Page 1 01/04/15-01/08/15

Decision Sheet Resource Management Act 1991

Event number: SUBD-201.2012.00000071.002

Decision number: 2014/15 - 102

Applicant: Brian Heenan Cotter

Document reference: FRED Doc 1338595

Subject: Cancellation of Amalgamation Condition.

Decision:

That pursuant to Section 241(3) of the Resource Management Act 1991, Hauraki District Council cancels the amalgamation condition set out on Deposited Plan 439294 requiring that Lot 2 thereon and Lot 1 DPS 83635 be held in the same Certificate of Title (Request No: 546320).

Date: 1st April 2015

Signed: ______

Page 1 Delegated Matters Page 2 01/04/15-01/08/15

Decision Sheet Resource Management Act 1991

Event number: LUSE-202.2014.00000325.001

Decision number: 2014/15 -- 106

Applicant: Agrivest Limited (Rob Johnston Architect)

Document reference: FRED Doc 1339901 Variation to condition no. 1 of landuse consent LUSE- 202.2014.00000325.001 for remediation work associated with change of use of a former woolshed and land to dwelling house at 1153 Miranda Road, Kaiaua (Lot 3 DP 210344) – original decision 5th Subject: December 2014 decision number 2014/15 – 67.

Decision:

That pursuant to Section 127 of the Resource Management Act 1991, Council agree to change Condition 1 of the resource consent file reference LUSE-202.20014.00000325.001, by amending the requirement for the remediation works to be completed within 3 months of the commencement of the land use consent, to 6 months.

The amended decision shall read as follows:

That pursuant to Sections 104 and 104B of the Resource Management Act 1991 Council grant consent to this non-notified, restricted discretionary NES consent for change of use of the former woolshed and associated land to a dwelling house and associated land located at 1153 Miranda Road, Miranda legally described as Lot 3 DP 210344 and as shown on Figure 2 (page 5) of the Remediation Action and Ongoing Management Plan prepared by Geohazard Environmental, dated 29 October 2014, Job No. 140706, for the following reasons:

 The Remediation Action and Ongoing Management Plan includes measures to ensure that the soil contamination on site is remediated and any risks to human health are minimised.  The proposal is considered to be consistent with the purpose and principles of the Resource Management Act 1991.  The proposal is considered to be consistent with the objectives and policies of the Franklin Section of the Hauraki District Plan (2000).  The proposal is not considered to be contrary to the Hauraki Gulf Marine Park Act 2000. Delegated Matters Page 3 01/04/15-01/08/15

Subject to the following conditions:

Remedial Works

1. The remediation works set out in the Remediation Action and Ongoing Management Plan prepared by Geohazard Environmental, dated 29 October 2014, Job No. 140706 shall be completed within 6 months of the commencement of this land use consent (commencement date 11 December 2014).

Validation Report

2. A Validation Report shall be submitted to the Planning and Environmental Manager for approval, within 3 months of the completion of the remediation works required by Condition 1. The Validation Report shall include: a) A scale Site Plan showing the location and extent of the Remediation (capped) Area. b) Evidence that the remediation works set out in the Remediation Action and Ongoing Management Plan have been undertaken. c) Evidence that any soil removed from the site has been disposed of to an approved landfill.

Note: The evidence is likely to include a description by a suitably qualified and experienced practitioner of the work undertaken and how it was undertaken, photographs, and receipts from an approved landfill, as applicable.

Bore Water

3. The water from the existing bore, which is located in the south western corner of ‘Figure 2: Approximate Residential Site at 1153 Miranda Rd, Miranda’ in the Remediation Action and Ongoing Management Plan prepared by Geohazard Environmental, dated 29 October 2014, Job No. 140706, shall not be used for human consumption.

4. Any new bores constructed within the application property to provide water for human consumption, shall be located a minimum of 100m from the Remediation (capped) Area, as shown on the Site Plan contained in the Validation Report required by Condition 2.

5. Any new bores constructed within the application property to provide water for purposes excluding human consumption, shall be located a minimum of 20m from the Remediation (capped) Area, as shown on the Site Plan contained in the Validation Report required by Condition 2.

Ongoing Site Management

6. The concrete capping layer within the Remediation Area shall not be removed, and shall be maintained in perpetuity in accordance with the recommendations set out in the Remediation Action and Ongoing Management Plan prepared by Geohazard Environmental, dated 29 October 2014, Job No. 140706. Any required repairs shall be undertaken within 2 months of identification.

Note: The capping layer should be inspected at least annually to ensure its integrity remains intact. The concrete should not be cracked to the extent that soil is visible beneath the concrete, nor allow significant volumes of stormwater to ingress.

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7. If any repairs to the concrete capping layer result in the need for earthworks within the Remediation Area, the earthworks shall be undertaken in accordance with the recommendations set out in the Remediation Action and Ongoing Management Plan prepared by Geohazard Environmental, dated 29 October 2014, Job No. 140706.

8. Any raised vegetable gardens constructed on the concrete capping layer within the Remediation Area shall contain a depth of at least 300mm of clean soil, and shall only be retained while the capping layer beneath the garden remains intact.

9. All future owners/occupiers shall be provided with a copy of this resource consent.

Administrative

10. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the Applicant shall pay Council charges for receiving, processing and granting the Resource Consent.

11. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay an administration fee of $110.00 for administration of the consent.

12. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay all Council’s costs for monitoring this consent including all costs associated with the consideration and certification of plans and details associated with the consent as appropriate.

Date: 7th April 2015

Signed: ______

Delegated Matters Page 5 01/04/15-01/08/15

Decision Sheet Resource Management Act 1991

Event number: LUSE-202.2015.00000361.001

Decision number: 2014/15 - 105

Applicant: David John Orchard & Noeline Joy Orchard

Document reference: FRED Doc 1339583 To construct a second vehicle crossing and to not provide on-site turning for campervan park at Lot 14 Subject: DPS 19199, 7 Russell Street, Waihi.

Decision:

THAT pursuant to Sections 104 and 104C of the Resource Management Act 1991 the Hauraki District Council grants consent to a non notified, restricted discretionary activity application to construct a second vehicle crossing and to depart from the on-site turning standard at 7 Russell Street, Waihi, legally described as Lot 14 DPS 19199 for the following reasons:

• The adverse effects are considered to be no more than minor, due to the fact that on- street parking is still able to be achieved;

• The second vehicle crossing will be used intermittently for a caravan garage;

• The additional vehicle crossing and associated lack of on-site turning will not have any adverse effect on Russell Street.

Pursuant to Section 108 of the Act the following conditions shall apply:

1) That a Class E (Standard Residential Vehicle Crossing, in the Urban Area) shall be constructed as specified in section 8.4.3.3(1)(e)(i) of the District Plan and Diagram TS 306 Hamilton City Council Development Manual (August 2009) at the location shown on the site plan by Orcan Design Ltd dated 7th March 2015 (ref: A101) which has been signed and stamped approved, prior to use of the ‘Proposed Caravan Garage’ for vehicle storage.

2) That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Hauraki District Council charges for receiving, processing and granting the Resource Consent.

3) That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay Hauraki District Council a fee of $110.00 for the administration associated with monitoring the consent, and thereafter shall pay to Hauraki District Council, all costs that arise for monitoring this consent, including all costs associated Delegated Matters Page 6 01/04/15-01/08/15

with site visits, and the consideration and certification of plans and details associated with the consent, as appropriate.

Advice Notes

• Steve Clark, Councils Reserves and Parks Manager has advised that the removal of the street tree between the proposed vehicle crossing and Russell Street is acceptable.

• 24 Hours notice must be given for any engineering inspections that are required to be undertaken during engineering works. The letter giving acceptance to the Design Plans will indicate the inspections required. All requests in this regard must be directed to the HDC Development Engineer, or alternatively the Technical Services Business Unit Administrator, both on 07-862 8609.

• A Corridor Access Request must be submitted for any work undertaken in the road reserve. This must be submitted for approval 10 working days prior to the commencement of any works. This should be done through www.beforeudig.co.nz. All enquiries in this regard must be directed to the Technical Services Business Unit Administrator on 07-862 8609.

Date: 7th April 2015

Signed: ______

Delegated Matters Page 7 01/04/15-01/08/15

Decision Sheet Resource Management Act 1991

Event number: SUBD-201.2015.00000359.001

Decision number: 2014/15 - 104

Applicant: Robbie Norman Cumming

Document reference: FRED Doc 1339370 To subdivide Part Section 35 and Part Section 97 Blk II Aroha SD and Part Section 25 Block II Aroha SD, 64 & 90 Subject: Dickey Flat Road, Waihi by way of a boundary adjustment.

Decision:

That pursuant to Sections 104 and 104B of the Resource Management Act 1991 the Hauraki District Council grant consent to this non-notified, discretionary activity application to carry out a boundary adjustment between two rural lots being Part Section 35 and Part Section 97 Block II Aroha Survey District and Part Section 25 Block II Aroha Survey District, located at 64 and 90 Dickey Flat Road, Waitawheta on the grounds that:

. The subdivision will not result in any additional certificates of title being created, and will not reduce the usefulness of the new title in terms of its shape, dimensions and areas, as a lifestyle lot; and

. The subdivision will not adversely affect the natural character and landscape values of the Outstanding Natural Landscape Area; and

Subject to the following conditions:

1. That the subdivision shall be carried out generally in accordance with the scheme plan drawn by Waihi Land Surveyors Ltd titled “Cumming Subdivision, 90 Dickey Flat Road, Waihi, Pt Secs 35 & 97 Blk II Aroha SD”, dated 4th March 2015 (ref: 2733A), which has been signed and stamped approved, other than as required to be amended by the conditions below:

Amalgamation

2. That pursuant to Section 220(1)(b)(ii) of the Resource Management Act 1991, that Lot 1 hereon and Part Section 25 Blk II Aroha SD (SA38B/71) be held in the same Computer Freehold Register (See Request 1279268).

Page 1 Delegated Matters Page 8 01/04/15-01/08/15

Administrative

3. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the Applicant shall pay Council charges for receiving, processing and granting the Resource Consent.

4. That pursuant to Section 36(1) (c) of the Resource Management Act 1991 the applicant shall pay an administration fee of $110.00 for administration of the consent.

5. That pursuant to Section 36(1) (c) of the Resource Management Act 1991 the applicant shall pay all Council’s costs for monitoring this consent including all costs associated with the consideration and certification of plans and details associated with the consent as appropriate.

Advice Notes

• Please note that your street address may change as a result of the subdivision of your property. You will be advised at a later date if this is to be the case. Hauraki District Council follows the Standard New Zealand regulation governing the numbering of all rural and urban properties. This is to ensure the effective and efficient delivery of services and amongst them, emergency services such as fire, ambulance and police etc. Should you have any further queries regarding this matter, please contact the Hauraki District Council.

• As this subdivision involves a boundary adjustment between two existing Certificates of Title, written confirmation of connections to power have not been required as a condition of consent. No physical telephone land lines are required due to the lots being in the Rural Zone.

• For any future earthworks on proposed Lots 1 and 2 the applicant must install appropriate silt retention devices as necessary to secure the site to prevent silt contamination of waterways downstream. The methods used should be generally in accordance with the requirements of Waikato Regional Council as described in “Erosion and Settlement Control: Guideline for Soil Disturbing Activities” January 2009. These devices shall be regularly maintained.

• That all future earthworks are to be undertaken in accordance with Part 2 of NZS4404:2004 and NZS 4431.

• Earthworks and Tracking – any earthworks or tracking on steep land or in proximity to waterways will need to demonstrate compliance with the permitted activity rules in Section 5 of the Waikato Regional Plan or a land use consent will be required.

Date: 2nd April 2015

Signed: ______

Page 2 Delegated Matters Page 9 01/04/15-01/08/15

Decision Sheet Resource Management Act 1991

Event number: SUBD-201.2015.00000346.001

Decision number: 2014/15 - 87

Applicant: Donald George Knyvett & Lucia Jacoba Maria Knyvett

Document reference: FRED Doc 1327954 To subdivide and Lots 1, 2, 3, 4 & 5 DP 4307, located at Princes Street, Waikino by way of a boundary adjustment Subject: and to depart from the street formation and corner splay standards.

Decision:

That pursuant to Sections 104 and 104B of the Resource Management Act 1991 the Hauraki District Council grant consent to this non-notified, discretionary activity application to carry out a boundary adjustment between five rural titles being Sections 29, 85, 86, 127 Blk XIV Ohinemuri SD, Section 152 Town of Waihi and Lots 1, 2, 3, 4 & 5 DP 4307, located at Princes Street, Waikino and to depart from the street formation and corner splay standards on the grounds that:

. The subdivision will not result in any additional certificates of title being created, and will not reduce the usefulness of the new titles in terms of their shapes, dimensions and areas, which are appropriate for their intended rural lifestyle lot purpose; and

. The subdivision is consistent with the District Plan objectives and policies, and would not result in more than minor effects on the environment.

. Upgrading of Poland Street and the provision of a corner splay at the Poland Street/Princes Street intersection were considered to be unnecessary due to the existing road formation being of a sufficient standard to accommodate the low traffic volumes.

Subject to the following conditions:

1. That the subdivision shall be carried out generally in accordance with the scheme plan drawn by Waihi Land Surveyors Ltd titled “Knyvett Boundary Change, Princes Street, Waikino”, dated 15th January 2014 (ref: 2713), which has been signed and stamped approved, other than as required to be amended by the conditions below:

Page 1 Delegated Matters Page 10 01/04/15-01/08/15

Amalgamation

2. That pursuant to Section 220(1)(b)(ii) of the Resource Management Act 1991, that Lots 2 and 6 (new Plan) and Section 29 Block XIV Ohinemuri Survey District be held in the same Computer Freehold Register. See Request 1269562

Access

3. That a Class C Standard Vehicle Crossing for Residential Activities in the Rural Zone shall be constructed to Lot 3 in the location shown on the approved plan and as specified in section 8.4.3.3(1)(e)(i) of the Operative Hauraki District Plan (2014) and Diagram HDC-303 of the Hauraki District Council Engineering Manual 2010 Version 1, and an internal access track shall be constructed from the vehicle crossing to the Residential Area, as shown on the approved plan.

Geotechnical

4. That pursuant to Section 221 of the Resource Management Act 1991 a consent notice shall be registered on the Computer Freehold Register of Lot 4 to advise that a geotechnical investigation by a Chartered Professional Engineer will be required to determine foundation design requirements for buildings, the effluent disposal system and storm water disposal. If specific engineering design is shown to be required, this will need to be undertaken by a Chartered Professional Engineer.

Telecommunications and Power

5. That a consent notice shall be registered on the Computer Freehold Register of each lot pursuant to Section 221 of the Resource Management Act 1991 stating that there is no (landline) telecommunication connection or power connection for each lot. If a (landline) telecommunication connection or power connection is required, the cost of the power and phone connections will be the responsibility of the then landowner.

Administrative

6. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the Applicant shall pay Council charges for receiving, processing and granting the Resource Consent.

7. That pursuant to Section 36(1) (c) of the Resource Management Act 1991 the applicant shall pay an administration fee of $110.00 for administration of the consent.

8. That pursuant to Section 36(1) (c) of the Resource Management Act 1991 the applicant shall pay all Council’s costs for monitoring this consent including all costs associated with the consideration and certification of plans and details associated with the consent as appropriate.

Advice Notes

• As this subdivision involves a boundary adjustment between five existing Certificates of Title, written confirmation of connections to power and phone have not been required as a

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condition of consent. Note: No physical telephone land lines are required due to the lots being in the Rural Zone.

Date: 20th March 2015

SIGNED:

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Decision Sheet Resource Management Act 1991

Event number: LUSE-202.2015.00000357.001

Decision number: 2014/15 - 101

Applicant: Central Kids Kindergartens

Document reference: FRED Doc 1335624 To rebuild the Kindergarten building on Sections 6, 8 & 9 BLK XV Town of Paeroa & Part Section 7 BLK XV Town of Paeroa, which is located within the Primrose Subject: Hill Recreation Reserve on Wood Street, Paeroa.

Decision:

That pursuant to Sections 104 and 104B of the Resource Management Act 1991 Council grant consent to this non-notified, discretionary activity application to rebuild the Kindergarten building on Sections 6, 8 & 9 BLK XV Town of Paeroa & Part Section 7 BLK XV Town of Paeroa, which is located within the Primrose Hill Recreation Reserve on Wood Street, Paeroa, for the following reasons:

 It is considered that the potential or actual adverse effects generated by this proposal will be less than minor.  The proposal is not considered to be contrary to the objectives and policies of the District Plan (2014).  The proposal is considered to be consistent with the purpose and principles of the Resource Management Act 1991.  The proposal would benefit the community of Paeroa

Subject to the following conditions:

1) The activity shall be carried out in general accordance with the application prepared by Architecture Page Henderson Ltd dated 20/02/15, and the plans for Paeroa Kindergarten, pages 1.01, 1.03, 2.01 and 3.01 (all dated 10/01/2015) and page 1.07 (dated 18/03/2015), and which are signed and stamped as approved.

2) The consent holder shall implement the requirements of Environment Waikato as described in “Erosion and Sediment Control - Guidelines for Soil Disturbing Activities January 2009” to mitigate the dust, sedimentation and erosion.

Note: In particular, the consent holder will need to:

a. Control all surface runoff from the exposed bare surface areas associated with the building platform excavations to prevent silt contamination Delegated Matters Page 13 01/04/15-01/08/15

b. Ensure all bare ground surface areas are treated to prevent dust during and after construction.

3) That all earthworks are to be undertaken in accordance with the Hauraki District Council Engineering Manual 2010 - Version 1.

4) That the consent holder shall make good any damage to the road infrastructure caused by construction machinery during the construction operations. This shall be to the satisfaction of the District Engineer.

5) That all cut to waste materials shall be disposed of to a location approved by the District Engineer.

6) That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Hauraki District Council charges for receiving, processing and granting the Resource Consent.

7) That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay Hauraki District Council a fee of $110.00 for the administration associated with monitoring the consent, and thereafter shall pay to Hauraki District Council, all costs that arise for monitoring this consent, including all costs associated with site visits, and the consideration and certification of plans and details associated with the consent, as appropriate.

Advice Notes • The consent holder shall take all measures, including the control of any contractors, during the earthworks and construction period, to ensure that: a. No earthworks or construction work are undertaken on Sundays or outside the hours between 7am to 6.00pm – Monday to Saturday. b. Noise levels are to comply with Section 9.4.1.3 Construction Noise of the Hauraki District Plan. c. Dust emissions do not create adverse effects beyond the boundary of the site. The contractor shall supply a detailed mitigation plan to treat dust if this becomes a problem.

• Construction Noise emanating from the site shall be in accordance with the New Zealand Standard NZS 6803:1999 Acoustics – Construction Noise, as detailed in section 8.3.1.3 (3)(a) of the Hauraki District Council Proposed District Plan.

• It is the responsibility of the owner of the property to ensure all silt and sediment control measures on site are maintained and kept in good condition until such time as the site is re-vegetated (re-grassed or landscaped).

 If the site is of Maori origin the Site Manager shall also notify the appropriate iwi group/s to determine what further actions are appropriate to safeguard the site or its contents.  If skeletal remains are uncovered the Site Manager shall advise the Police.  Works affecting the archaeological site shall not resume until the Heritage New Zealand, the Police (if skeletal remains are involved) and iwi groups have each given the appropriate approval for work to continue

Development Contribution Calculation:

• That the consent holder shall pay a total $1,861.87 plus GST as a capital development contribution in accordance with the Hauraki DC Development Contributions Policy (1st July 2012).

Community Water Waste Storm Solid Roading Infra- Libraries Parks Supply water water waste Structure $1,274.65 $ Nil $ Nil $Nil $342.81 $226.78 $17.06 $0.57 TOTAL $1,861.87

Date: 26th March 2015

SIGNED:

Delegated Matters Page 15 01/04/15-01/08/15

Decision Sheet Resource Management Act 1991

Event number: LUSE-202.2015.00000368.001

Decision number: 2014/15 - 107

Applicant: Dennis Clifford Nielsen & Christine Anne Nielsen

Document reference: FRED Doc 1341022 To depart from rear yard requirement of the Operative District Plan in conjunction with the construction of a shed on Lot 1 DP 47319, 335 Old Netherton Road, Subject: Paeroa.

Decision:

• the applicant has provided the written approval of the adjacent landowner (and occupier if relevant) therefore the effects on this neighbour cannot be taken into account; and • the effects on the environment are considered to be no more than minor.

Subject to the following conditions:

1. The proposed activity is undertaken in accordance with the plans dated and signed approved 10th April 2015, being Elevations & Site Plan labelled “Proposed New Totalspan Building for Nielson Lot 1, DP 47319 335 Old Netherton Road, Paeroa” drawn by Melissa Murdock.

2. That the building is not be used for any commercial activity.

3. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the Applicant shall pay Council charges for receiving, processing and granting the Resource Consent.

4. That pursuant to Section 36(1) (c) of the Resource Management Act 1991 the applicant shall pay an administration fee of $110.00 for administration of the consent. Delegated Matters Page 16 01/04/15-01/08/15

Date: 10th April 2015

SIGNED:

Delegated Matters Page 17 01/04/15-01/08/15

Decision Sheet Resource Management Act 1991

Event number: LUSE-202.2015.00000360.001

Decision number: 2014/15 - 110

Applicant: Hauraki District Council

Document reference: FRED Doc 1346186 To construct a public car park containing 20 car parking spaces (including three mobility car parks) at Lot 6 DO 19807, Corner Arney Street and Princes Subject: Street, Paeroa.

Decision:

That pursuant to Sections 104, 104B and 104D of the Resource Management Act 1991, the Hauraki District Council grants consent to this non-notified, non-complying activity application to construct and operate a public car park on the land zoned Rural and designated for Soil Conservation and River Control Purposes at the corner of Arney Street and Princes Street, Paeroa and legally described as Lot 6 DP 19807, on the grounds that:

• With appropriate conditions of consent in place the adverse environmental effects of this proposal will be less than minor.

• Written approvals have been provided from all adversely affected persons.

• The proposal would be consistent with the policies and objectives of the Operative District Plan (2014).

Subject to the following conditions:

General

1) That the activity shall be undertaken in general accordance with:

• The Planning Assessment prepared by KTB Planning Consultants Ltd and titled “Application for Land Use Consent: To construct a public car park”, dated 10th March 2015.

• The Site Plan prepared by Hauraki District Council and titled “Hauraki District Council proposed Stop Bank Car Park layout”, dated 20th February 2015, which has been signed and stamped approved.

• The Development Engineering Report prepared by Steve Lye and titled “Arney St Stop Bank Car Park: Design Report and Engineering Consent Conditions”, dated 26 February 2015, Delegated Matters Page 18 01/04/15-01/08/15

Except as amended by the following conditions.

2) That Engineering drawing and specification details of the on-site parking design shall be submitted to the Manager Planning and Environmental Services for consideration and acceptance by the District Engineer prior to the commencement of any work. This shall include pavement design details and markings and shall include provision for: • 3 marked mobility parks, • Access from the approved ramp to the motel located at 2A Arney Street, into the carpark and to the mobility parking spaces, • A minimum of 16 marked accessible car parks (Note: it is likely that car park 7 will need to be removed to provide access from the ramp referred to above, to the mobility parking spaces), • Corner hatching in accordance with the NZTA Manual of traffic signs and markings.

3) That the car park (including parking spaces and manoeuvring area) shall be formed and drained and thereafter maintained in accordance with the plan approved under condition 2.

4) That three copies of “as built” plans shall be submitted to Council upon completion of construction as per Hauraki District Council Engineering Manual 2010 - version 1, Volume 3, section 18. Alternatively, electronic versions (DXF) are acceptable, plus 1 hard copy.

Earthworks

5) That earthworks shall not commence until the consent holder has provided evidence to the Manager Planning and Environmental Services to demonstrate that the retaining wall located on the adjacent property to the north-east (being 2A Arney Street and legally described as Lot 5 DP 19807) and aligned parallel to the north- east boundary of the application site, complies with the requirements of Building Consent Reference No. BC-101.2014.00001149.001.

6) That all earthworks shall comply with the Hauraki District Council Engineering Manual 2010 - version 1 and NZS 4431 in terms of land stability and foundation treatments.

7) Any surplus cut material shall be removed and disposed of off-site to approved disposal areas.

8) That any soil spilled or tracked onto any public road during the earthworks and construction shall be removed from the road immediately.

9) That all car park kerb and channel berm areas shall be contoured evenly, topsoiled and grassed to the satisfaction of the District Engineer.

10) The consent holder shall take all measures, including the control of any contractors, during the earthworks and construction period, to ensure that:

a. No earthworks or construction work are to be undertaken on Sundays or outside the hours between 7am to 5.30pm - Monday to Saturday. Delegated Matters Page 19 01/04/15-01/08/15

b. Noise levels are to comply with Section 8.3.1 Noise of the Operative Hauraki District Plan.

c. Dust emissions do not create adverse effects beyond the boundary of the site.

Stormwater

11) That the hard surface runoff from the car park shall be reticulated to discharge at the existing kerb and channel.

12) That pursuant to Section 128 of the Resource Management Act 1991 Council may serve notice on the consent holder of its intention to review the car park stormwater outlet treatment to the existing kerb and channel at any time six months after the construction of this car park for the purpose of dealing with any adverse effects. Any mitigation required shall be to the satisfaction of the District Engineer and at the consent holders cost.

Access

13) That the new vehicle entrance shall be formed and constructed in accordance with Hauraki District Council 2014 Operative District Plan Section 8 - Appendices Page 8.6- 64 – Class D Standard Commercial/Industrial Vehicle Entrance. The depth of the concrete is to be in compliance with TS 310. The existing drop down kerb and footpath shall be replaced so that the crossing shall run continuously between the kerb and the property boundary.

Advice Note: It is noted that the new entrance will be 6m wide. The existing drop down kerb (approx 18m in length) exceeds the maximum allowable cutdown length (7.5m plus a transition of 1m each side) alongside the road edge and this should be re-instated with a non- mountable kerb for the remaining edge.

Damage to Council Property

14) That all damage to the street, footpath, kerb and channel, road, road carriageway, grass berm and urban services caused by construction works associated with the car park construction shall be repaired to the satisfaction of the District Engineer. This work is to be completed at the expense of the consent holder.

Monitoring

15) That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Hauraki District Council charges for receiving, processing and granting the Resource Consent.

16) That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay Hauraki District Council a fee of $110.00 for the administration associated with the monitoring the consent, and thereafter shall pay to Hauraki District Council, all costs that arise for monitoring this consent, including all costs associated with site visits, and the consideration and certification of plans and details associated with the consent, as appropriate.

Delegated Matters Page 20 01/04/15-01/08/15

ADVICE NOTES

• 24 hours’ notice must be given for any engineering inspections that are required to be undertaken during engineering works. The letter giving acceptance of the Design Plans will indicate the inspections required. All requests in this regard must be directed to the Development Engineer on 07-8625609.

• A Corridor Access Request must be submitted for any work undertaken in the road reserve. This must be submitted for approval 10 working days prior to the commencement of any works, this should be done through www.beforeudig.co.nz. All enquires in this regard must be directed to the Technical Services Business Unit Support Officer on 07-8628609.

• The consent holder has a separate agreement with the Waikato Regional Council who is the Requiring Authority for designation M1 in the Hauraki District Plan for Soil Conservation and River Control purposes which incorporates Lot 6 DP 19807. The consent holder shall comply with the Special Provisions - W1231 (Doc # 3108228) and Conditions for installation of car parking lot (Doc #2994910) as set out in the letter dated 5 March 2015 from the Waikato Regional Council.

Date: 13th April 2015

Signed: ______Peter Crawford, Independent Commissioner

Delegated Matters Page 21 01/04/15-01/08/15

Decision Sheet Resource Management Act 1991

Event number: SUBD-201.2010.00015683.001

Decision number: 2014/15 - 108

Applicant: Mark Trevor & Jennifer Anne Mora

Document reference: FRED Doc 1344610 Variation to subdivision consent to subdivide Lot 2 DPS 87448 and Section 2 Survey Office Plan 419057 into three lots at Stage One, and to vary conditions 1 and 2 of Subject: resource consent (SUBD-201.2010.00015683) to subdivide proposed Lot 6 (Balance of Lot 2 DPS 87448) into three lots at Stage Two, located at 144 Frankton Road, Waihi.

Decision:

That pursuant to Sections 127 and 104B of the Resource Management Act 1991 the Hauraki District Council grants consent to this non-notified, discretionary activity application to vary conditions 1 and 2 and insert an amalgamation condition of resource consent (SUBD- 201.2010.00015683.001) to subdivide Lot 2 DPS 87448 and Section 2 Survey Office Plan 419057 into three lots at Stage One, and to vary conditions 1 and 2 of resource consent (SUBD- 201.2010.00015683) to subdivide proposed Lot 6 (Balance of Lot 2 DPS 87448) into three lots at Stage Two, located at 144 Frankton Road, Waihi for the following reason:

• The effects on the environment will be less than minor.

Subject to the following conditions:

STAGE ONE

Existing:

General

1. That the subdivision shall be carried out generally in accordance with the scheme plan drawn by Peter Rogers, Waihi Beach Surveyors Ltd, having reference number 2209C and dated 07/01/2010, which has been signed and stamped approved.

2. That domestic power and telephone connections to each lot shall be provided, or written confirmation from the respective supply authorities that the connections are available at the standard connection fee.

Page 1 Delegated Matters Page 22 01/04/15-01/08/15

Revised:

1) That the subdivision shall be carried out generally in accordance with the scheme plan drawn by Waihi Land Surveyors Ltd titled “Mora Subdivision – Stage 1 – 144 Frankton Road, Waihi, Lot 2 DPS 87448 & Sec 2 SO 419057, ref: 2209D, dated 18th March 2015 which has been signed and stamped approved.

Amalgamation

2) That pursuant to Section 220(1)(b)(ii) of the Resource Management Act 1991, that Lot 6 hereon and Section 2 SO 419057 be held in the same Computer Freehold Register (See Request 1282823).

Power

3) That the subdividing owner shall provide each lot with separate power connections or written confirmation from the supply authority that these are existing, or are available at the standard connection fee.

Telecommunications

4) That for Lots 1, 2 and Lot 6/Sec 2 SO 419057 either:

(a) Council is provided with written confirmation from the respective supply authority that there is an existing telecommunications (land line) connection or a connection (land line) is available at the standard fee

(b) That a consent notice shall be registered on the Computer Freehold Register of Lot 1 and/or Lot 2 and/or Lot 6/Sec 2 SO 419057 pursuant to Section 221 of the Resource Management Act 1991 stating that there is no telecommunication connection (land line) to Lot 1 and/or Lot 2 and/or Lot 6/Sec 2 SO 419057. If a telecommunication connection (landline) is required, the cost of the connection will be the responsibility of the then landowner.

STAGE TWO

Existing:

1. That the subdivision shall be carried out generally in accordance with the scheme plan drawn by Peter Rogers, Waihi Beach Surveyors Ltd, having reference number 2209B and dated 07/01/2010, which has been signed and stamped approved (4/2/2010).

Revised:

Telecommunications

1. That the subdivision shall be carried out generally in accordance with the scheme plan drawn by Peter Rogers, Waihi Beach Surveyors Ltd, having reference number 2209E and dated 17th April 2015, which has been signed and stamped approved.

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2. That for each Lot either:

(b) That a consent notice shall be registered on the Computer Freehold Register of each Lot pursuant to Section 221 of the Resource Management Act 1991 stating that there is no telecommunication connection (land line) to each lot. If a telecommunication connection (landline) is required, the cost of the connection will be the responsibility of the then landowner.

Power

3. That the subdividing owner shall provide each lot with separate power connections or written confirmation from the supply authority that these are existing, or are available at the standard connection fee.

The amended conditions are:

STAGE ONE

1. That the subdivision shall be carried out generally in accordance with the scheme plan drawn by Waihi Land Surveyors Ltd titled “Mora Subdivision – Stage 1 – 144 Frankton Road, Waihi, Lot 2 DPS 87448 & Sec 2 SO 419057, ref: 2209D, dated 18th March 2015 which has been signed and stamped approved.

Amalgamation

2. That pursuant to Section 220(1)(b)(ii) of the Resource Management Act 1991, that Lot 6 hereon and Section 2 SO 419057 be held in the same Computer Freehold Register (See Request: 1282823).

Power

Telecommunications

4. That for Lots 1, 2 and Lot 6/Sec 2 SO 419057 either:

Page 3 Delegated Matters Page 24 01/04/15-01/08/15

(landline) is required, the cost of the connection will be the responsibility of the then landowner.

Water

5. That the existing water supply to Lot 1 from the pump and bore located on Lot 2 be decommissioned.

6. That the dwelling located on Lot 1 be provided with an independent potable water supply. Note: A building consent is required for a water tank capacity of over 35,000 litres.

Sewer

7. That the existing effluent disposal system on Lot 1 be located, and if any part is found to be outside of or within 1.5m of any boundary it shall be relocated within the Lot. Note: any upgrading or relocation of the effluent disposal system will require a Building Consent.

Roading/ Access

8. That the road formation in the unnamed legal road that serves the lots shall be constructed as would an internal access in accordance with Rule 9.3.19.3 of the District Plan and NZS4404: 2004. The appropriate standard is that for an internal access between 250 and 500 metres in length, serving 3-4 lots in the Rural zone:

a) A 5.0m minimum carriageway width b) A 7.0m minimum formation width c) Two passing bay installations

The upgraded length shall extend from Frankton Road to the gate located immediately north of the existing Lot 2 entrance. The alignment standards required must meet minimum road standards and be to the satisfaction of the Engineering Services Manager.

9. That the junction with Franklin Rd be upgraded to a Class B vehicle crossing (Standard Rural Vehicle Entrance) as specified in Rule 9.3.3.3.E of the District Plan in accordance with Rule 9.3.3 of the District Plan. All works shall be contained within the road reserve boundary.

10. That the buildings located within the boundaries of the unnamed road that restrict vehicle visibility be removed.

11. That a 15 metre x 15 metre corner splay shall be created at the intersection, and vested in Council.

Engineering General

12. That copies of “as built” plans shall be submitted to Council upon completion of construction (extent of ROW). As-built drawings are to comply with NZS 4404: 2004, Schedule 1D, and all normal requirements as per Section 1.5.2. As Built information shall include an electronic copy of the as built drawings in dxf format and is to be provided on CD/ DVD. The format of this information is as per the requirements of the Hamilton City Development Manual Volume 4 Part 9 Appendix 7. This is available from:

http://hamilton.co.nz/page/pageid/2145835108/HCC_Development_Manual

Attention is drawn to the requirement for co-ordination of all utility features. All co-ordinates are to be presented in New Zealand Transverse Mercator Projection (NZTM2000). The vertical datum used is to be indicated.

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13. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Council charges for receiving, processing and granting the Resource Consent.

14. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay an administration fee of $110.00 for administration of the consent.

15. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay all Council’s costs for monitoring this consent including all costs associated with the consideration and certification of plans and details associated with the consent as appropriate.

ADVICE NOTES:

Development Contributions

• That the applicant shall pay a total $3276 plus GST as a capital development contributions for one additional rural Lots, in accordance with the Hauraki District Council Development Contributions Policy (1st July 2009).

Community District Water Waste Storm Roading Infra- Libraries Parks Supply water water Structure $2,300 $358 $ 427 $191 $nil $nil $nil TOTAL $3,276 Invoiced 8th February 2010

General

• Forty-eight hours notice must be given for engineering inspections that are required to be undertaken during and after the engineering works. All requests in this regard must be directed to the HDC Consents Engineer, or alternatively the Business Unit Administrator both, on 07- 862 5000.

• The construction of the vehicle entrances will require a vehicle crossing permit. Please contact the HDC Business Unit Administrator at the Paeroa office on ph 07 862 5000 to proceed with the application of the permit before commencement of any work on the entrances.

• Any work undertaken in the road reserve will require a street opening permit and traffic management plan to be submitted for approval before work commences. Any enquiries regarding this procedure may be directed to HDC Business Unit Administrator, Tel 07-862 5000.

• Section 120 of the Act provides that you may appeal to the Environment Court against the whole or any part of the decision within 15 working days of receipt of this decision. The procedure for such an appeal is laid out in Section 121 of the Act.

Page 5 Delegated Matters Page 26 01/04/15-01/08/15

STAGE TWO

Telecommunications

2. That for each Lot either:

Power

Roading

4. That the road construction in the unnamed legal road that serves the lots shall be upgraded to a half road standard as follows: a) A 6.0m minimum carriageway width b) A 9.0m minimum formation width c) 5.0m seal width

The upgrade length shall extend from Frankton Road to the gate located immediately north of the Lot 2 entrance. The junction with Frankton Rd shall be upgraded to achieve a minimum outside turning radius of R=9m and be contained within the road reserve boundary. All works shall be in accordance with NZS 4404: 2004.

4a. The cost of constructing the road shall be apportioned between the subdivider and Hauraki District Council as follows: PD = TD /( TD+ TW) PW = TW/( TD+ TW)

Where TD represents the number of vehicle trips per day generated by the development

TW represents the number of vehicle trips per day generated by the waste water treatment plant

PD represents the proportion of the road improvement cost to be met by the developer

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PW represents the proportion of the road improvement cost to be met by Council

The table below calculates the formula for stage 2 which generates 28 trips per day. The waste water treatment plant trip generation is shown and remains unchanged for both stages.

WASTEWATER PLANT TRAFFIC VOLUMES

Trip generator Frequency per Trips/day

Traffic count at wastewater plant gate (no chemical delivery) 5.4 Chemical delivery to plant 4 month 0.4 Tw= 5.8 COUNCIL CONTRIBUTION FOR STAGE 2 OF MORA DEVELOPMENT

Development trip generation TD= 28.0 Wastewater plant trip generation 5.8 Total 33.8

Development proportion 82.8%

Council proportion 17.2%

Engineering General

5. That copies of “as built” plans shall be submitted to Council upon completion of construction (extent of road). As-built drawings are to comply with NZS 4404: 2004, Schedule 1D, and all normal requirements as per Section 1.5.2. As Built information shall include an electronic copy of the as built drawings in dxf format and is to be provided on CD/ DVD. The format of this information is as per the requirements of the Hamilton City Development Manual Volume 4 Part 9 Appendix 7. This is available from:

http://hamilton.co.nz/page/pageid/2145835108/HCC_Development_Manual

6. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Council charges for receiving, processing and granting the Resource Consent.

7. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay an administration fee of $110.00 for administration of the consent.

8. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay all Council’s costs for monitoring this consent including all costs associated with the consideration and certification of plans and details associated with the consent as appropriate.

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ADVICE NOTES:

Development Contributions

• That the consent holder shall pay a total $6,552 plus GST as a capital development contributions for two additional rural Lots, in accordance with the Hauraki District Council Development Contributions Policy (1st July 2009).

Community District Water Waste Storm Roading Infra- Libraries Parks Supply water water Structure $4,600 $ 716 $ 854 $382 $nil $nil $nil TOTAL $6,552 Invoiced 8th February 2010

General

• Forty-eight hours notice must be given for the following engineering inspection that is required to be undertaken during and after the engineering works:

o Road construction and Intersection pre-sealing (combined visit)

All requests in this regard must be directed to the HDC Consents Engineer, or alternatively the Business Unit Administrator both, on 07-862 5000.

Date: 17th April 2015

SIGNED:

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Decision Sheet Resource Management Act 1991

Event number: SUBD-201.2008.00015521.002

Decision number: 2014/15 - 94

Applicant: Donald Peter & Linda Jean Fairgray

Document reference: FRED Doc 1330478

Variation to subdivision consent and landuse consent for Subject: infringement of yard and daylight control in association.

Decision:

Land Use

A. THAT pursuant to Sections 104 and 104C of the Resource Management Act 1991 the Hauraki District Council grants consent to this non-notified, restricted discretionary activity application to infringe the 1.5m yards and daylight control in association with proposed house and garage additions at 5 Moray Place, Whiritoa, legally described as Proposed Lot 2 of Lot 1 DPS 27415 for the following reasons:

• Affected parties approval has been provided for the daylight control and yard infringements from the owners of Proposed Lot 1 of Lot 1 DPS 27415.

• No other parties are considered to be affected.

Pursuant to Section 108 of the Act the following conditions shall apply:

1. That the positioning and construction of the garage and house additions shall be carried out in accordance with the following:

• The Site Plan, Proposed Ground Floor Plan, Proposed Top Floor Plan and Elevations Plan (4 pages) by Bluey Howell Draughting Ltd titled “Proposed Additions for DP & LJ Fairgray” dated January and February 2015 which have been signed and stamped approved, except where amended by the following conditions:

2. The minimum distance from the altered garage to the boundary of Lot 1 shall be 200mm.

3. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the Applicant shall pay Council charges for receiving, processing and granting the Resource Consent.

4. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay an administration fee of $110.00 for administration of the consent.

5. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay all Council’s costs for monitoring this consent including all costs associated with

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the consideration and certification of plans and details associated with the consent as appropriate.

Subdivision

B. THAT pursuant to Sections 127 and 104B of the Resource Management Act 1991 the Hauraki District Council grants consent to this non-notified, discretionary activity application to vary condition 12 of subdivision consent (RC-15521) to create two residential lots at 5 Moray Place, Whiritoa, legally described as Lot 1 DPS 27415 for the following reasons:

• Retaining the existing garage and building additions in the side yard which infringe the daylight control of proposed Lot 1 will have effects on proposed Lot 1 only; and

• Affected parties approval has been provided for the daylight control and side yard infringements from the owners of Lot 1.

The existing condition to be amended is:

12. That the existing garage and deck within Lot 2 shall be cut back or removed to ensure that no part of the deck is located within the Lot 1 access leg and that the garage is clear of the 1.5m yard requirement.

The amended condition to be inserted is:

12a. That the existing deck within Lot 2 shall be cut back or removed to ensure that no part of the deck is located within the Lot 1 access leg.

12b. That the existing garage and proposed additions shall be located a minimum of 200mm from the boundary with Lot 1 as shown on the Site Plan by Bluey Howell Draughting Ltd titled “Proposed Additions to Residence for DP & LJ Fairgray”, dated Feb 2015 which has been signed and stamped approved.

The amended consent shall read as set out in Appendix One as follows:

APPENDIX ONE

1. The subdivision shall be carried out generally in accordance with amended Waihi Beach Surveyors scheme plan reference 1944E dated 24 June 2008 received 25 June 2008, except as amended by the conditions below.

Contributions

2. That a Community Recreation Facilities Contribution of $1,842.94 plus GST ($2073.30) be paid to Council for the creation of one additional lot (Waihi Ward).

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Legal

3. That the following easements be created:

Memorandum of Easements

Easement Servient Tenement Dominant Tenement Right of Way ‘A’ Lot 1 Lot 2

Stormwater Drainage

4. That a consent notice pursuant to section 221 of the Resource Management Act 1991 be registered against the Certificate of Title of Lot 1 advising that stormwater from the said lot (including roof water from all future roofed structures) shall be disposed of via an on site system as designed by a suitably qualified person (approved by Council) in accordance with the requirements of the New Zealand Building Code EI.

5. That the existing stormwater system reticulating the existing hard surface run off from Lot 2 be upgraded and disposed of via an on site system as designed by a suitably qualified person (approved by Council) in accordance with the requirements of the New Zealand Building Code EI.

6. That Right of Way ‘A’ shall be designed to contain and dispose of stormwater within the proposed boundaries of Right of Way ‘A’. This shall be designed to the satisfaction of the HDC District Engineer.

NOTE: Any new stormwater system is to be installed under building consent.

Power and Telephone

7. That the subdivider shall provide power and telephone connections to Lot 1, or written confirmation from the respective supply authorities that these connections are available at the standard connection fee.

Sewer

8. That Lots 1 and 2 be reticulated for sewage disposal in accordance with the requirements of NZS 4404: 2004 and performance standard 9.3.7 of the District Plan. The connection stub for Lot 1 shall be end capped and marked.

9. That the existing sewer connection to Lot 2 shall be reused for Lot 1 and a new sewer connection shall be provided to Lot 2. The new connection to Lot 2 shall be located adjacent to the north eastern boundary of Lot 1, clear of the Lot 1 building platform.

10. That the length of the any private sewer passing through Lot 1, which serves Lot 2, shall become public sewer. This will require an inspection chamber (or as approved) installed within Lot 2 adjacent to Lot 1. All works shall be constructed/upgraded in accordance with the requirements of NZS4404:2004 and the performance standard 9.3.7 of the District Plan.

NOTE: A building consent will be required for any internal drainage work

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Access

11. That the existing hedge located on the northern boundary of this development shall be removed over the extent of the proposed ROW (A) and the proposed access leg for Lot 1.

12a. That the existing deck within Lot 2 shall be cut back or removed to ensure that no part of the deck is located within the Lot 1 access leg.

12b. That the altered garage and proposed additions shall be located a minimum of 200mm from the boundary with Lot 1 as shown on the Site Plan by Bluey Howell Draughting Ltd titled “Proposed Additions to Residence for DP & LJ Fairgray”, dated Feb 2015 which has been signed and stamped approved.

13. That the proposed access leg width for Lot 1 be locally reduced from 3.5m to 3.0m at the northern most section of the access leg.

14. That Right of Way ‘A’ shall be constructed in accordance with the standard for a Right of Way serving 1-3 lots in the Residential Zone, as outlined in Rule 9.3.19.3 of the District Plan.

15. That the following design measures shall be implemented for the upgrading of the existing Right of Way:

a) That the existing Right of Way paved/ hard surface area width be widened to the full existing legal width of 4.56m using gobi blocks. b) The stormwater runoff from the upgraded Right of Way shall continue to be directed in to the existing kerb and channel located on Moray Place. c) That the existing entrance to the Right of Way be upgraded to a Class E (Standard Residential Vehicle Entrance) as specified in Rule 9.3.3.3.E of the District Plan by the developer at the time of sub division. d) That a speed-hump be installed within the existing Right of Way in an appropriate location to be approved by the District Engineer, HDC.

Engineering General

16. Engineering plans and specifications (including back up calculations) for ALL engineering works (sewer, water, vehicle crossing) shall be submitted to Council for approval prior to any construction/installation taking place.

17. That three copies of as-built plans be submitted to Council upon completion of construction (sewer, water, vehicle crossing). As-Built drawings are to comply with NZS 4404: 2004, Schedule 1D, and all normal requirements as per Section 1.5.2. Attention is drawn to the requirement for co-ordination of all utility surface features. All co-ordinates are to be presented in New Zealand Transverse Mercator Projection; levels are to be in terms of Tararu Datum.

18. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the Applicant shall pay Council charges for receiving, processing and granting the Resource Consent.

19. That pursuant to Section 36(1) (c) of the Resource Management Act 1991 the applicant shall pay an administration fee of $110.00 for administration of the consent.

20. That pursuant to Section 36(1) (c) of the Resource Management Act 1991 the applicant shall pay all Council’s costs for monitoring this consent including all costs

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associated with the consideration and certification of plans and details associated with the consent as appropriate.

Advice Notes:

• Any work undertaken in the road reserve will require a street opening permit and traffic management plan be submitted for approval before work commences. Any enquiries regarding this procedure may be directed to Janet Tee at the Paeroa offices, Tel 07-862 8609.

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

• No work may be undertaken on the sewer mains by private contractors without prior approval from the District Engineer, HDC.

Date: 4th March 2015

SIGNED:

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Decision Sheet Resource Management Act 1991

Event number: SUBD-201.2014.00000316.001

Decision number: 2014/15 - 76

Applicant: Lyndon Stan Twemlow & Rachel Anne Twemlow

Document reference: FRED Doc 1304665 To subdivide Sections 284 Block XVI Ohinemuri SD and Subject: Section 144A Town of Waihi, 13 Tauranga Road, Waihi by way of a boundary adjustment.

Decision:

A. That pursuant to Sections 104, 104A and 104C of the Resource Management Act 1991 the Hauraki District Council grant consent to this non-notified, restricted discretionary activity application to adjust the boundary between Section 284 Block XVI Ohinemuri Survey District and Section 144A Town of Waihi, located at 13 Tauranga Road, Waihi and to construct a vehicle crossing for proposed Lot 2 on the grounds that:

. The proposed subdivision complies with the subdivision standards in the Operative District Plan, and is in accordance with the development anticipated for the Residential Zone.

. The New Zealand Transport Agency has provided their written approval for the provision of a new vehicle crossing off State Highway 2 (Tauranga Road) for proposed Lot 2.

Subject to the following conditions:

1. That the subdivision shall be carried out generally in accordance with the scheme plan drawn by JWO Consulting Ltd titled “13 Tauranga Road, Waihi – Sect 284 SO 41136 & Sect 144A SO 39796 Scheme Plan Boundary Adjustment”, Reference No. J53, dated 11 Oct 2014, which has been signed and stamped approved, other than as required to be amended by the conditions below:

. Engineering General

2. That pursuant to section 221 of the Resource Management Act 1991 a consent notice shall be registered on the Computer Freehold Register of Lot 2 advising that a preliminary scala penetrometer and auger log investigation has identified damp low strength soils. Refer to the report by John Ormsby - Hauraki District Council reference no. 1297894). All earthworks and building foundations will require specific engineering design by an approved Chartered Professional Engineer. This will be determined at the time of building consent.

3. That engineering design drawings and related specifications covering all engineering works (including the location of services) for the subdivision shall be submitted to the Planning

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and Environmental Services Manager for consideration and acceptance by the Engineering Services Manager prior to commencement of any works.

4. That copies of “as built” plans shall be submitted to Council upon completion of construction as per Hauraki District Council Engineering Manual 2010 - version 1, Volume 3, section 18. Electronic versions (DXF or shapefile) are acceptable, and one printed copy shall be supplied.

Access

5. That a Class E Standard Residential Vehicle Crossing shall be constructed as specified in 8.4.3.3(1)(e) of the Operative District Plan and diagram TS 306 Hamilton City Council Development Manual (August 2009), at the location shown on the scheme plan.

Water

6. That Lot 2 shall be provided with a separate metered water connection, at the road frontage, in accordance with the requirements of Hauraki District Council Engineering Manual 2010 - version 1: Volume 3, Part 6 and performance standard 8.5.3 of the Operative District Plan. The meter shall be placed on the road frontage just inside the road reserve, approximately 0.5m from the property boundary. The connection, including meter, is to be installed by Hauraki District Council at the cost of the consent holder.

Wastewater

7. That Lot 2 shall be provided with a separate sewer connection to the Council main. All works shall be in accordance with the requirements of Hauraki District Council Engineering Manual 2010 - version 1 and performance standard 8.5.1 of the Operative District Plan. The Lot connection shall be end capped and marked within the body of the Lot. The connection to the Council main is to be installed by HDC at the cost of the consent holder or by a registered drain-layer approved by Council.

Stormwater

8. That pursuant to section 221 of the Resource Management Act 1991 a consent notice shall be registered on the Computer Freehold Register of Lot 2 advising that the stormwater discharge from future hard surfaces within this lot is to be disposed of in accordance with the report by John Ormsby (Hauraki District Council reference no. 1297894), or an alternative system as designed by a suitably qualified person in accordance with the requirements of the New Zealand Building Code E1. Note: All internal drainage must be processed under a Building Consent.

Telecommunications

9. That the subdivider shall provide written confirmation from the relevant supply provider that a connection (land line) is available at the standard fee for Lot 2.

Power

10. That the subdivider shall provide written confirmation from the relevant supply provider that a power connection is available at the standard fee for Lot 2. (Note: An upgrade is required before the supply provider will be able to provide a letter confirming that a power connection is available at the standard fee – refer to Powerco letter dated 29th October 2014).

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Easements

11. That easements shall be created over any services that cross one lot to serve the other lot.

Administrative

12. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Hauraki District Council charges for receiving, processing and granting the Resource Consent

13. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay Hauraki District Council a fee of $110.00 for the administration associated with monitoring the consent, and thereafter shall pay to Hauraki District Council, all costs that arise for monitoring this consent, including all costs associated with site visits, and the consideration and certification of plans and details associated with the consent, as appropriate.

ADVICE NOTES

• A Traffic Management Plan and Consent to Work on the Highway shall be submitted to and approved by the NZ Transport Agency at least seven working days prior to the commencement of any works. Please contact the NZTA consultant as follows:

Opus Paeroa PO Box 91 Paeroa 3640

Ph: (07) 889 8600 Attn: Bradley West

• Any work undertaken in the road reserve, including entrance construction, shall be processed under a Corridor Access Request submitted to Hauraki District Council. This must be submitted for approval 10 working days prior to the commencement of any works. All enquiries in this regard must be directed to the Technical Services Business Unit Support Officer on 07-862 8609.

• A historic tramline (Category C Heritage Feature - HAU264) runs through the middle of SEC 284 SO 41136. All pre-1900 archaeological sites are protected under the Heritage New Zealand Pouhere Taonga Act 2014. If any land use activity is likely to damage, destroy or modify any pre-1900 archaeological site, an ‘authority’ consent from Heritage New Zealand must be obtained for the work to lawfully proceed. Heritage New Zealand should be contacted for further information on this requirement

• Under the Operative District Plan (2014) Council requires a photographic record to be provided prior to the removal or demolition of the Category C Heritage Item (HAU264) as follows:

(a) The Council and Heritage New Zealand shall be advised 10 working days prior to the removal or demolition (whole or part) of a Category C Heritage Building listed in

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the Schedule of Historic Heritage Inventory and prior to the removal or demolition the Council shall be provided with the following information; (i) A completed Historic Structures Recording Form (available from the Council offices); and (ii) a comprehensive photographic record of the interior and exterior of the feature

• There is no record of any building consents having been obtained for the container kitchen addition and associated plumbing and drainage located at the rear of the existing house. This issue will need to be resolved with Council’s Building Department.

Date: 20th January 2015

SIGNED:

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Decision Sheet Resource Management Act 1991

Event number: SUBD-201.2014.00000326.001

Decision number: 2014/15 - 111

Applicant: Ronald Duckworth & Adele Myrtle Duckworth

Document reference: FRED Doc 1360703

To extend notification decision and notification processing Subject: period.

Decision:

Under the Resource Management Act 1991 the Council hereby extends the time frame to make a notification decision and the notification processing period on the subdivision application to subdivide Lots 1 & 3 DPS 88871, 701 Back Miranda Road, Waitakaruru to create four lifestyle lots in the Rural and Coastal Zones. This extension has been granted on the basis that special circumstances apply. These circumstances relate to the need to assess the further information received by Council, including landscape assessments, and the complexity of the site and the application.

Pursuant to Section 37 of the Resource Management Act 1991, the notification decision date and notification processing period has been extended from 1St May 2015 to 15th May 2015.

Date: 1st May 2015

SIGNED:

Page 1 Delegated Matters Page 39 01/04/15-01/08/15

Decision Sheet Resource Management Act 1991

Event number: LUSE-202.2015.00000369.001

Decision number: 2014/15 - 112

Applicant: Hauraki District Council

Document reference: FRED Doc 1362073 To erect and operate a water reservoir in the Rural Zone at 24 Princes Street, Waikino, and legally described as Sections 85-86 Block XIV Ohinemuri Subject: Survey District and Section 152 Town of Waikino.

Decision:

That pursuant to Sections 104 and 104B of the Resource Management Act 1991, the Hauraki District Council grants consent to this non-notified, discretionary activity application to erect and operate a water reservoir in the Rural Zone at 24 Princes Street, Waikino, and legally described as Section 85-86 Block XIV Ohinemuri Survey District and Section 152 Town of Waikino, on the grounds that:

• With appropriate conditions of consent in place the adverse environmental effects of this proposal will be less than minor.

• The written approvals have been provided from all adversely affected persons.

• The proposal would be consistent with the objectives and policies of the Operative District Plan (2014).

Subject to the following conditions:

General

1) That the activity shall be undertaken in accordance with the assessment of environmental effects, plans and all other information submitted with the application, including:

• The Land Use Assessment prepared by Opus International Consultants Ltd and titled “Land Use Consent Application: Establish and operate a water reservoir – 24 Princes Street, Waikino” and dated 10th April 2015.

• Site Development Plans (Pages 1, 4A, 4B, 5 & 7) prepared by Hauraki District Council and titled “Waikino Reservoir Site, Waikino Water Supply Upgrade”.

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Except as amended by the following conditions:

Stormwater

2) That engineering drawing and specification details of the stormwater design shall be submitted to the Planning and Environmental Services Manager for consideration and acceptance by the District Engineer prior to the commencement of any work.

3) The consent holder shall ensure that stormwater from the driveway to the reservoir shall not be concentrated in a way that may cause damage to the access track located in the unformed section of Poland Street or nuisance to neighbouring properties.

Earthworks

4) That the consent holder shall implement the requirements of Waikato Regional Council as described in “Erosion and Sediment Control - Guidelines for Soil Disturbing Activities January 2009” to mitigate the dust, sedimentation and erosion.

Note: In particular, the consent holder will need to: • Control all surface runoff from the exposed bare surface areas associated with the excavations to prevent silt contamination. • Contact the HDC Development Engineer (MOB 021 906 244) to organise an engineering site inspection of the silt control measures prior to the commencement of earthworks. • Ensure all bare ground surface areas are treated to prevent dust during and after construction.

5) That all earthworks are to be undertaken in accordance with the Hauraki District Council Engineering Manual 2010 - Version 1 (volume 4 - section 2.1 and 2.2).

6) That the consent holder shall make good any damage to the road infrastructure caused by construction machinery during the construction operations. This shall be to the satisfaction of the District Engineer.

7) That all cut to waste materials shall be disposed of to a location approved by Council’s District Engineer.

8) That any soil spilled or tracked onto any public road during the earthworks and construction shall be removed from the road immediately.

9) That within one month following the placement of fill on site, the following details shall be provided to the Planning and Environmental Services Manager: a) legal description of property; b) nature and source of fill; c) location of fill on site; d) depth of fill; e) compaction of fill.

Access

10) That a Class C entrance shall be constructed in accordance with performance standard 8.4.3.3(1)(e)(i) of the Operative District Plan and diagram HDC-303, Delegated Matters Page 41 01/04/15-01/08/15

Hauraki District Council Engineering Manual 2010 - Version 1, at the access to the reservoir off the access track within the unformed section of Poland Street.

11) That vegetation immediately downhill of the vehicle entrance shall be cleared to ensure that sight lines are clear and a minimum sight distance of 40m is achieved.

12) That the water reservoir access, parking and manoeuvring areas shall be formed and metalled as shown on approved Drawing Nos. 4A and 4B and thereafter shall be maintained so that a dust nuisance is not created.

Damage to Council property

13) That all damage to the street, road carriageway, grass berm and urban services by construction works associated with the construction works must be repaired to the satisfaction of Council’s Development Engineer. Any repair work is to be at the expense of the consent holder.

Landscaping

14) That the landscape planting shown on the Landscaping Plan titled “Waikino Reservoir Site Waikino Water Supply Upgrade Sheet 5 – Landscaping” shall be undertaken within the first planting season following the completion of building works.

Monitoring

15) That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Hauraki District Council charges for receiving, processing and granting the Resource Consent.

ADVICE NOTES

• A Corridor Access Request must be submitted for any work undertaken in the road reserve. This must be submitted for approval 10 working days prior to the commencement of any works, this should be done through www.beforeudig.co.nz. All enquires in this regard must be directed to the Technical Services Business Unit Support Officer on 07-8628609.

Delegated Matters Page 42 01/04/15-01/08/15

• Any accidental discoveries of archaeological sites by the consent holder or contractors shall follow the procedure below:

 Work shall cease immediately at that place.  The contractor must shut down all machinery, secure the area and advise the Site Manager.  The Site Manager shall notify the Project Archaeologist (if relevant), the Heritage New Zealand Regional Archaeologist (if no authority has been granted) and if necessary the appropriate consent process shall be initiated.  If the site is of Maori origin the Site Manager shall also notify the appropriate iwi group/s to determine what further actions are appropriate to safeguard the site or its contents.  If skeletal remains are uncovered the Site Manager shall advise the Police.  Works affecting the archaeological site shall not resume until the Heritage New Zealand, the Police (if skeletal remains are involved) and iwi groups have each given the appropriate approval for work to continue

Date: 7th May 2015

Signed: ______Peter Crawford, Independent Commissioner

Delegated Matters Page 43 01/04/15-01/08/15

Decision Sheet Resource Management Act 1991

Event number: SUBD-201.2015.00000364.001

Decision number: 2014/15 - 113

Applicant: Mary Elizabeth Pascoe

Document reference: FRED Doc 1363018 Objection to conditions of subdivision consent to subdivide Lot 1 DPS 52843 into two residential lots Subject: st (original decision no. 2014/15 – 109 granted 21 April 2015).

Decision:

That pursuant to Section 357D of the Resource Management Act 1991 the Hauraki District Council grant the objection to condition 2 (Corner Splay – Lot 1) and condition 4 (Storm water) of subdivision consent (SUBD-201.2015.00000364.001) being the subdivision of Lot 1 DPS 52843 into two residential lots located at Thomas Place, Adams Street and Silverton Road, Waihi, on the grounds that:

Condition 2

• The Corner Splay for Lot 1 is not considered necessary for roading purposes.

Condition 4

• The disposal of storm water from the existing dwelling on Lot 4 to Adams Street is a viable option due to the upgrading of the stormwater system along Adams Street.

The amended consent conditions shall read as follows:

Subject to the following conditions:

1. That the subdivision shall be carried out generally in accordance with the scheme plan drawn by G.J.D Harder dated March 2015, Reference 05/44C which has been signed and stamped approved, except where amended by the following:

Roading

2. That Lot 3 shall be vested in Hauraki District Council as Road.

3. That Lot 1 shall be deleted and the land shown within Lot 1 shall be contained within Lot 2.

Page 1 Delegated Matters Page 44 01/04/15-01/08/15

Sewer

4. That the existing wastewater connection from the existing dwelling on proposed Lot 4 to the existing public sewer main shall be located, to determine the location and condition. This information shall be provided to Council at the design plan stage. If the connection passes through Lot 2 then the following works shall be required:

a) If the connection does not meet minimum public main standards then it shall be upgraded to a public main standard in accordance with the requirements of Hauraki District Council Engineering Manual 2010 - version 1 and the performance standards 8.5.1 of the Operative District Plan and vested in Council as a public main. The connection to the Council main is to be installed by HDC at the cost of the consent holder or by a registered drainlayer approved by Council.

b) If the connection meets minimum public main standards then an inspection chamber shall be installed at the boundary between Lots 2 and 4, and the portion of the existing connection located within Lot 2 shall be vested in Council as a public main.

Note: Any internal drainage work is to be carried out under a Building Consent. No work may be undertaken on the sewer mains by private contractors without prior approval from the District Engineer.

Stormwater

5. That the existing internal stormwater treatment servicing the existing dwelling on Lot 4 shall be upgraded. The stormwater shall be discharged to either:

a) Approved soakholes constructed in accordance with the requirements of the New Zealand Building Code E1 and the soakage report prepared by EZE Civil Engineering Consultants Ltd dated 3 April 2006, or an alternative approved on-site soakage system designed by a suitably qualified person in accordance with the requirements of the New Zealand Building Code E1,

b) An approved reticulated discharge to the existing drain located in Lot 2 which shall be covered by an appropriate easement. This shall include the renewal of existing damaged roof spouting,

c) That the existing roof gutter and spouting be repaired. The spouting shall be provided with a direct discharge outlet to the existing kerb and channel along Adams St.

Note: Any internal stormwater modifications must be processed under a building consent.

Other

6. That easements shall be created over any approved services (private connections) that cross one lot to serve another lot. Note: Refer to Condition 4(b) - Stormwater, in particular.

7. That engineering design drawings and related specifications covering all engineering works (including the location of services) for the subdivision shall be submitted to the Planning

Page 2 Delegated Matters Page 45 01/04/15-01/08/15

and Environmental Services Manager for consideration and acceptance by the Engineering Services Manager prior to commencement of any works.

8. That copies of “as built” plans shall be submitted to Council upon completion of construction as per Hauraki District Council Engineering Manual 2010 - version 1, Volume 3, section 18. Electronic versions (DXF or shapefile) are acceptable, and one printed copy shall be supplied.

Power

9. That the subdivider shall provide written confirmation from the appropriate supply authority that either: each of Lots 2 and 4 has an existing, separate power connection capable of serving a dwelling OR: that a separate connection capable of serving a dwelling has been provided to the boundary of each lot, being Lots 2 and 4.

Telecommunications

10. That Council is provided with written confirmation from the telecommunication supplier that separate telephone connections (land lines) have been provided to the boundaries of each of Lots 2 and 4 OR written confirmation from the respective telecommunication supplier that Lots 2 and 4 each have an existing independent telephone connection (landline) suitable to service a dwelling.

Administrative

11. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Hauraki District Council charges for receiving, processing and granting the Resource Consent.

12. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay Hauraki District Council a fee of $110.00 for the administration associated with monitoring the consent, and thereafter shall pay to Hauraki District Council, all costs that arise for monitoring this consent, including all costs associated with site visits, and the consideration and certification of plans and details associated with the consent, as appropriate.

Advice Notes

General

• The existing vehicle crossings serving Lots 2 and 4 should be upgraded to a Class E Standard Residential Vehicle Crossing as specified in 8.4.3.3(1)(e)(i) of the Operative District Plan and diagram TS 306 Hamilton City Council Development Manual (August 2009)

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• 24 Hours notice must be given for any engineering inspection that is required to be undertaken during engineering works. All requests in this regard must be directed to the Development Engineer on 07-862 8609.

• A historic tramline (Category C Heritage Feature - HAU264) runs through the south eastern corner of Lot 4. All pre-1900 archaeological sites are protected under the Heritage New Zealand Pouhere Taonga Act 2014. If any land use activity is likely to damage, destroy or modify any pre-1900 archaeological site, an ‘authority’ consent from Heritage New Zealand must be obtained for the work to lawfully proceed. Heritage New Zealand should be contacted for further information on this requirement

• Under the Operative District Plan (2014) Council requires a photographic record to be provided prior to the removal or demolition of the Category C Heritage Item (HAU264) as follows:

(a) The Council and Heritage New Zealand shall be advised 10 working days prior to the removal or demolition (whole or part) of a Category C Heritage Building listed in the Schedule of Historic Heritage Inventory and prior to the removal or demolition the Council shall be provided with the following information; (b) A completed Historic Structures Recording Form (available from the Council offices); and (c) a comprehensive photographic record of the interior and exterior of the feature

Date: 12th May 2015

SIGNED:

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L Decision Sheet Resource Management Act 1991

Event number: LUSE-202.2014.00000273.001

Decision number: 2014/15 - 114

Applicant: Sport N Action Waihi Charitable Trust

Document reference: FRED Doc 1363373 To redevelop Morgan Park, Waihi (legally described as Section 2 Block XVI Ohinemuri Survey District, Part Section 185 Block XVI Ohinemuri Survey District, Section 1049 Town of Waihi, Section 1024 Town of Waihi, Section 437D Town of Waihi, Section 1041 Subject: Town of Waihi, and Section 1044 Town of Waihi).

Decision:

That, having considered the application, the submissions received and the staff report, that the Commissioner pursuant to Sections 104 and 104B of the Resource Management Act 1991 grant subject to conditions this discretionary activity application for land use consent to redevelop Morgan Park as described in the application, being Section 2 Block XVI Ohinemuri Survey District, Part Section 185 Block XVI Ohinemuri Survey District, Section 1049 Town of Waihi, Section 1024 Town of Waihi, Section 437D Town of Waihi, Section 1041 Town of Waihi, and Section 1044 Town of Waihi.

Should consent be granted, it is recommended that the following conditions should be imposed:

General 1. That the proposal shall be carried out generally in accordance with the details of the application and drawings included, being ‘Application for Resource Consent: Proposed Re-development of Morgan Park’ prepared by Resource Management Consultancy Ltd, dated 10 June 2014, lodged on behalf of the Sport ‘n’ Action Waihi Charitable Trust, and as subsequently amended by the further information received by Hauraki District Council dated 3 December 2014 and 27 January 2015, and the following drawings have been stamped and signed approved: • ‘Existing Site Plan and Aerial Image’, drawing number 1740-1; • ‘Existing Site and Services Plan’, drawing number 1740-2; • ‘Proposed Layout’, drawing number 1740-3, revision D; • ‘Proposed Contours Plan’, drawing number 1740-4, revision D; • ‘Cross Section and Details’, drawing number 1740-5; • ‘Cross Section and Details’, drawing number 1740-6; • ‘Proposed Earthworks Cut and Fill Plan’, drawing number 1740-7, revision D; • ‘Demolition Plan’, drawing number 1740-8, revision D; • ‘Proposed Stormwater Plan’, drawing number 1740-9, revision D; Delegated Matters Page 48 01/04/15-01/08/15

• ‘Existing Stormwater Long Section’, drawing number 1740-10; • ‘Stormwater Longitudinal Section’, drawing number 1740-11; • ‘Stormwater Longitudinal Section’, drawing number 1740-12; • ‘Proposed Sewer Plan’, drawing number 1740-13, revision D; • ‘Sewer Longitudinal Section’, drawing number 1740-14; • ‘Water Services Plan’, drawing number 1740-15, revision D; • ‘Proposed Roading Plan’, drawing number 1740-16, revision D; • ‘Proposed Subsoil Drainage Plan’, drawing number 1740-17, revision D; • ‘Proposed Fencing Plan’, drawing number 1740-18, revision D; • ‘Trees for Removal Plan’, drawing number 1740-19, revision D; • ‘Helicopter Pad Plan’ drawing number 1740-20, revision D, Except as amended by the following conditions. 2. In the event that an unidentified archaeological site is discovered during the works, the following applies: a) Work shall cease immediately at that place and within 20 metres around the site of the discovery. b) The contractor must shut down all machinery, secure the area, and advise the site manager. c) The site manager shall secure the site and notify the Heritage NZ Regional Archaeologist. Further assessment by an archaeologist may be required. d) If the discovery is of Māori origin, the site manager shall notify the Heritage NZ Regional Archaeologist and the appropriate iwi groups or kaitiaki representative of the discovery, and ensure site access to enable appropriate cultural procedures and tikanga to be undertaken, as long as all statutory requirements under legislation are met. (Heritage NZ Pouhere Taonga Act 2014, Protected Objects Act 1975). e) If human remains (koiwi tangata) are uncovered the site manager shall advise the Heritage NZ Regional Archaeologist, NZ Police and the appropriate iwi groups or kaitiaki representative, and the process under d) above shall apply. Remains are not to be moved until such time as iwi and Heritage NZ have responded. f) Works affecting the archaeological site and any human remains (koiwi tangata) shall not resume until Heritage NZ gives written approval for work to continue. Further assessment by an archaeologist may be required. g) Where iwi so request, any information recorded as a result of the find, such as a description of location and content, is to be provided for their records. h) Heritage NZ will determine if an archaeological authority under the Heritage NZ Pouhere Taonga Act 2014 is required for works to continue. Note: It is an offence under s 87 of the Heritage NZ Pouhere Taonga Act 2014 to modify or destroy an archaeological site without an authority from Heritage NZ, irrespective of whether the works are permitted or a consent has been issued under the RMA.

Administrative 3. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Council charges for receiving, processing, and granting the Resource Consent. 4. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay an administration fee of $110.00 for administration of the consent. Delegated Matters Page 49 01/04/15-01/08/15

5. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay all Council’s costs for monitoring this consent including all costs associated with the consideration and certification of plans and details associated with the consent as appropriate.

Landscaping and Fencing 6. That a Landscape Management Plan shall be prepared by a suitably qualified landscape specialist, and shall be submitted to the Planning and Environmental Services Manager for consideration and acceptance in conjunction with the Community Services Manager prior to commencement of any works. The Landscape Management Plan shall detail a landscape design for Morgan Park that identifies proposed planting areas (including the number, species and sizes of plants to be planted in each location), trees to be relocated within Morgan Park, and proposed maintenance measures. This Plan shall include mitigation re-planting for the loss of the significant trees and other vegetation as detailed on the approved plans (‘Trees for Removal Plan’ drawing no. 1740-19 revision D). The re-planting proposed shall include at least the same number of trees as being removed, and replanting shall be of the same or similar species as the trees/vegetation being removed. The Landscape Management Plan shall include a requirement for replacement planting as necessary (due to loss of plants or unsuccessful plantings) in the first 18 months following the initial planting. The landscape design shall adopt the principles of “CPTED” (Crime Prevention Through Environmental Design). 7. That the consent holder shall carry out the landscaping work in accordance with the approved Landscape Management Plan. The landscaping work shall be completed in the first planting season following completion of the earthworks. The planting shall be carried out under guidance of a suitably qualified landscape specialist to ensure that all appropriate measures are undertaken to ensure successful establishment of the planting. The planting shall also be undertaken in accordance with Hauraki District Council Engineering Manual 2010 - Version 1. 8. That the consent holder shall provide fencing in general accordance with the plan ‘Proposed Fencing Plan’ (plan reference 1740-18) and as follows: • A chain mesh fence or similar as approved separating the soccer field from State Highway 25. The height of the fence shall be determined at the design plan stage but be of a sufficient height to prevent balls bouncing onto the state highway. • Galvanised pool fencing or as approved around the croquet/ bowling grounds. • Timber bollard installation as required to prevent vehicles driving over the grassed areas, in particular the playing fields. • Timber bollard installation may be required above the three proposed retaining walls for safety reasons. The fencing provided shall be designed in accordance with CPTED principles, as per the condition above regarding the Landscape Management Plan. All fencing design shall be in accordance with the Hauraki District Council Engineering Manual 2010 – Version 1. The extent of fences shall be confirmed at the design plan stage.

Tree Protection Measures 9. Prior to undertaking any site works on Morgan Park, an assessment shall be undertaken by a suitably qualified arborist to identify Tree Protection Zones (TPZ) around the significant trees within the park near where works will occur (other than around those trees to be removed), and that person shall identify those areas of the Delegated Matters Page 50 01/04/15-01/08/15

works where supervision by an arborist is necessary to achieve compliance with the conditions of this consent. 10. The arborist shall identify the position and composition of protective fences around TPZ near significant trees prior to works commencing, and once erected, the suitability of the fencing shall be approved by the arborist prior to the commencement of any site construction works. The temporary protective fences shall be strong and appropriate to the degree of construction works taking place on the site. The protective fences shall be a solid barrier or similar which cannot easily be picked up and moved. The protective fence shall be at least 1.5 metre high. A “Protected Tree” sign shall be placed on the outside of the fence. The temporary protective fence shall be placed around the entire drip line of the significant trees in the vicinity of the works. 11. Prior to works commencing, it shall be the responsibility of the consent holder (with the assistance of the arborist) to explain the conditions of consent to all contractors, sub-contractors and work site supervisory staff who are carrying out any works associated with the project. 12. No works, storage of materials, cement/concrete washings and leaching of chemicals, trenching or alteration of soil grade shall occur within those areas demarcated by a temporary protective fence. The temporary protective fences shall remain in place throughout the duration of the construction works. The position of the protective fence shall not be altered without the prior consent of the arborist. 13. All roots that must be severed shall be pruned cleanly back to the surface of the excavation using a sharp handsaw or secateurs. All exposed or severed roots shall be kept damp (using hessian cloth or similar) until the excavated area is backfilled. 14. In the event that it is necessary to undertake minor works within the dripline of a significant tree listed in the Hauraki District Plan, the following shall be implemented: (a) All work shall be supervised by the arborist unless it is the professional opinion of the arborist that compliance with the conditions of this consent would be achieved without such supervision. (b) All excavation shall be limited to hand digging (i.e. spades, picks and heavy steel bars). No filling, other than with permeable surface and basecoarse materials within the excavated area, excluding the concrete pad, shall be undertaken. (c) All roots of greater than 35mm in diameter shall be carefully worked around and protected. No such roots shall be removed, except: (i) where no practicable alternative to removing the root exists and; (ii) where this would have a no more than minor detrimental effect on the tree and this is the supported professional opinion of the arborist. Any such removal shall be undertaken by the arborist. (d) The impermeable surface area (including existing) shall not be increased beyond 20% of the ground surface area within the dripline. (e) Prior to laying of basecoarse the underlying roots shall be protected by laying a suitable permeable Geotextile fabric over the soil surface. (f) There shall be no positioning (sitting or driving through) of heavy machinery unless this is on an existing hard surface (concrete or paved) or temporary hard surface. (g) The temporary hard surface shall be constructed by laying geotech matting on the surface, 100mm weed free mulch or similar soft material and a hard surface placed on the soft material, i.e. sheet of ply board. (h) There shall be no installation of services (e.g. storm water, wastewater lines) within the drip line of significant trees.

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Lighting 15. That the consent holder shall submit to Hauraki District Council a floodlight spill assessment prior to any floodlights being installed. The lighting layout and design shall be in accordance with section 8.2.5.3(2) of the Hauraki District Plan. In particular confirmation shall be provided that compliance will be achieved with the standard in respect of the Morgan Park / Kenny Street (State Highway 25) boundary. Council may require an external peer review of the lighting design. 16. That the sports field lighting design including pole heights and light column design, be submitted to the Planning and Environmental Services Manager for consideration and acceptance by the District Engineer at the design plan stage. The design shall address the foundation requirements for light poles and include base details. Council requires internal lighting at the following locations: • Kenny Street car park and internal access to the turning head; • Clarke Street car park and access; • Pavilion area; and • The internal pedestrian footpath linking the Kenny Street (SH 25) car park with the pavilion. 17. That the light installations shall be connected to Hauraki District Council requirements and as per AS/NZS 3000: Electrical Installations (known as the Australia/New Zealand Wiring Rules) and not the appropriate power authorities' specifications. Each light is to have a multiple earth neutral point (MEN Point) and the pole plus all removable parts (gear tray, door etc.) are to be earthed. All lighting design and commissioning will be subject to independent peer review.

General Engineering Conditions 18. That engineering design, drawings and related specifications detailing the proposed internal access, parking layout/ loading zone/ bus bay/ pedestrian treatments - including pavement design, marking and signs and stormwater/ wastewater/ water designs shall be submitted to the Planning and Environmental Services Manager for consideration and acceptance by the District Engineer prior to commencement of any earthworks. 19. That the requirements, as detailed in the New Zealand Transport Agency’s submission referenced 3-14-005-082 dated 30 July 2014 (HDC reference no. 1236224), shall be implemented, with confirmation of this provided to the Planning and Environmental Services Manager. These requirements are that: • The three accessways to Kenny Street (State Highway 25) to the west of the main car park entrance shall be physically and permanently closed. Closure shall involve any or all of the following measures as applicable: a. Removal of any gates; b. Reinstatement of fencing; c. Removal of any culverts; and/or d. Reinstatement of any berm and highway drainage. • Also that directional signage (‘Entry’ and ‘No Entry’) and paint marking shall be installed at the Kenny Street car park entrance to ensure separation of vehicles entering and exiting the car park. 20. All construction works shall ensure: (a) No earthworks or construction work are to be undertaken on Sundays or outside the hours between 7.00am to 6.00pm – Monday to Saturday; (b) Noise levels are to comply with Section 8.3.1.3(3) of the Hauraki District Plan. Delegated Matters Page 52 01/04/15-01/08/15

21. That all completed works, including earthworks, shall be certified by a Chartered Professional Engineer in accordance with the Hauraki District Council Engineering Manual 2010 Version 1. That “as built” plans and test results relating to all Hauraki District Council’s utilities shall be submitted to Council upon completion of construction as per Hauraki District Council Engineering Manual 2010 - version 1. Electronic versions (DXF) are acceptable, provided one hardcopy is submitted. Completed public utility as built data sheet documentation shall also be included.

Earthworks 22. The earthworks within Morgan Park shall be undertaken generally in accordance with the plan titled ‘Proposed Earthworks Cut and Fill Plan’, drawing number 1740-7 revision D. In particular, that the greatest depth of cut approved is 2.2 metres, and the greatest depth of fill approved is 1 metre as specified within the application. Furthermore, that all cut to waste materials shall be disposed of in an approved manner to an approved disposal area (for avoidance of doubt the dog exercise area as detailed in the application is an approved area). 23. That all earthworks are designed and supervised by a Chartered Professional Engineer experienced in geotechnical investigation. These shall be in accordance with the Hauraki District Council Engineering Manual 2010 - Version 1. A third party peer review may be required by Council at the cost of the consent holder. 24. That the consent holder shall submit an erosion and sedimentation control plan at the design plan stage. This shall meet the requirements of Waikato Regional Council as described in “Erosion and Sediment Control - Guidelines for Soil Disturbing Activities January 2009” to mitigate the dust, sedimentation and erosion. The consent holder shall implement the requirements of the erosion and sedimentation control plan. All sedimentation devices shall be installed before earthworks commence. 25. That a completion report shall be prepared detailing all earthworks. This shall include an “As Built” plan detailing composite contours of the existing surface shape and of the finished surface shape upon completion of construction to allow the extent and depth of fill to be easily determined. The report shall be certified by a Chartered Professional Engineer experienced in geotechnical investigation. The report shall detail whether settlement monitoring is required after completion of earthworks including a strategy to mitigate this settlement if this is required. All subsoil drainage locations/ treatments shall also be detailed. 26. That any soil spilled or tracked onto any public road during the earthworks and construction shall be removed within 24 hours. 27. That the consent holder shall make good any damage to the road infrastructure caused by construction machinery during the construction operations. 28. All construction noise shall comply with the provisions of New Zealand Standard NZS 6803:1999 “Acoustics - Construction Noise” and shall be measured and assessed in accordance with NZS 6802:1991 “Acoustics – Environmental Noise”.

Access and Parking 29. That a dual Class D Standard Commercial/Industrial Vehicle Crossing be constructed at the entrance to the car park servicing the proposed relocated pavilion located off Clarke Street, generally at the location shown on the car park layout plan provided with the application. The vehicle crossing shall be constructed in Delegated Matters Page 53 01/04/15-01/08/15

accordance with performance standard 8.4.3.3(1) (e) (i) of the Hauraki District Plan and the Hauraki District Council Engineering Manual 2010 – Version 1. 30. That should any modification to the existing car park entrance located off Kenny Street (SH 25) be required in the event of damage or alignment repositioning, that it shall be to a Class D Standard Commercial/Industrial Vehicle Crossing Standard. The vehicle crossing shall be in accordance with performance standard 8.4.3.3(1) (e) (i) of the Hauraki District Plan and the Hauraki District Council Engineering Manual 2010 – Version 1. Note: The proposed standard shall meet New Zealand Transport Agency’s minimum requirements. All design and verifications shall be in consultation with Opus International Consultants who are New Zealand Transport Agency’s agent. 31. That a minimum of 69 on-site car parks shall be provided. These shall be in accordance with Table HDC 307 in the Hauraki District Council Engineering Manual 2010 Version 1. A concrete or bituminous surface is required. Note: The existing informal sealed berm parking shall not be included as part of the calculation of on- site parking spaces. 32. That the existing sealed berm parking on the northern side of Baker Street shall be extended to near the intersection with Clarke Street, in replacement of the existing car parking within the grassed berm. The layout shall be in accordance with Table HDC 307 in the Hauraki District Council Engineering Manual 2010 Version 1. A concrete or bituminous surface is required. 33. That an on-site loading zone shall be provided to service the relocated pavilion. This shall be in accordance with performance standard 8.4.4.3(1) (c) of the Hauraki District Plan and the Hauraki District Council Engineering Manual 2010 – Version 1. 34. That an on-site bus bay shall be provided to service the relocated pavilion. This shall accommodate a standard tour coach and be in accordance with the Hauraki District Council Engineering Manual 2010 – Version 1. The pavilion access / area shall provide on-site turning for buses. Alternatively bus parking may be provided within the Clarke Street road reserve with suitable marking completed to the satisfaction of the District Engineer. 35. That each of the two proposed on-site car parking areas shall include two mobility parks. These shall be in accordance with NZS 4121:2001 and the Hauraki District Council Engineering Manual 2010 – Version 1. 36. That the proposed internal vehicle access south of the Kenny Street (SH 25) car park shall be constructed to the following standards: • 3m carriageway width • Pavement construction to a minimum road standard • Nib kerb edge treatment • 2 coat seal (Grade 4/ 6 chip) • Include a turning head to accommodate a fire truck Note: All design and construction shall be in accordance with the Hauraki District Council Engineering Manual 2010 – Version 1. 37. That the re-development works shall include a new footpath along Clarke Street for the full length of the western boundary of Morgan Park. The location shall be offset sufficiently away from the existing Clarke Street seal edge not to compromise road shoulder widening associated with parking if this is required in the future. This shall be in accordance with the Hauraki District Council Engineering Manual 2010 – Version 1. Delegated Matters Page 54 01/04/15-01/08/15

38. That the re-development shall include a helicopter pad in general accordance with the approved plan titled ‘Helicopter Pad Plan’ drawing number 1740-20 revision D. This shall be in accordance with the Hauraki District Council Engineering Manual 2010 – Version 1. 39. That all internal foot paths shall be mobility friendly and constructed in accordance with the Hauraki District Council Engineering Manual 2010 – Version 1.

Stormwater Treatment 40. That the stormwater treatment for the re-development of Morgan Park shall be generally in accordance with the approved plan design. The design shall also be in accordance with the requirements of Hauraki District Council Engineering Manual 2010 - Version 1 and with performance standard 8.5.4.3 of the Hauraki District Plan. The design shall include: • The stormwater treatment for the proposed relocated pavilion/ access/ car parking area. This reticulation design shall accommodate adjacent future stage 2 hard surface flows. Note: This system could intercept all hard surface runoff from the new netball courts. • A recessed slotted drain with a flush grate shall be installed to intercept all hard surface runoff from the tennis/ netball court. This shall be reticulated to discharge into the downstream gully • Stormwater outlet armouring to eliminate scour.

41. That, where possible, all grassed park overland surface flows shall be discharged to the gully located on the eastern side of the park. No additional overland stormwater flows shall discharge into the existing Clarke Street stormwater reticulation.

Wastewater Treatment 42. That the new waste water connection located within the new pavilion car park area shall be constructed in accordance with the requirements of Hauraki District Council Engineering Manual 2010 - Version 1 and performance standard 8.5.1.3(2) of the Hauraki District Plan. This shall be vested with Council as a public main and shall be constructed to that standard. The connection to the Council main is to be installed by HDC at the cost of the consent holder or by a registered drain-layer approved by Council. 43. That the wastewater connections servicing the existing separate club rooms within Morgan Park be decommissioned under a building consent.

Water Supply 44. That the redundant asbestos cement water pipe be sealed up and abandoned. 45. That the existing water main traversing south to north through Morgan Park be relocated and upgraded with a 100mm ID main (mPVC is not acceptable). This shall be installed clear of the new sports facilities/ fields. The relocated pavilion centre shall be provided with a new metered connection. The existing 4 valve/ fire hydrants used for fire training purposes shall be positioned within the site as appropriate. All works shall be in accordance with the requirements of Hauraki District Council Engineering Manual 2010 - Version 1 and performance standard 8.5.3.3(1) of the Hauraki District Plan. All new connections to the Council main are to be installed by HDC at the cost of the consent holder.

Delegated Matters Page 55 01/04/15-01/08/15

Review Condition 46. That pursuant to Section 128 of the Resource Management Act 1991, Council may serve notice on the consent holder of its intention to review the performance of the road shoulder car parking along Clarke Street opposite the park, and also the effectiveness of pedestrian arrangements along Baker Street, for the consented uses at any time within 12 months of practical completion of this development for the purposes of dealing with any unforeseen adverse effects. Any mitigation required shall be to the satisfaction of the District Engineer. Following this review the conditions may again be reviewed after a minimum of six months has elapsed.

ADVICE NOTES

Development Contribution

Provisional development contribution calculations based 3,200m2 for the new netball courts, 1,200m2 for the Pavilion car park/ internal access road and say 1,000m2 for the SH 25 car park extension/ internal access equates to: • 5,400m2 x 0.00278 DC stormwater factor/ m2 x $42 = $630.50 + GST The above DC cost is only an estimate and shall be confirmed at design plan stage when more accurate hard surface areas are determined. Based on the above the consent holder shall pay a total $630.50 plus GST as a capital development contribution associated with the additional hard surface area created by this re-development, in accordance with the Hauraki DC Development Contributions Policy (1st July 2012).

General

• 24 hours’ notice must be given for any engineering inspections that are required to be undertaken during engineering works. The letter giving acceptance to the Design Plans will indicate the inspections required. All requests in this regard must be directed to the Development Engineer on 07-862 5609. • A Corridor Access Request must be submitted for any work undertaken in the road reserve. This must be submitted for approval 10 working days prior to the commencement of any works. This should be done through www.beforeudig.co.nz. All enquiries in this regard must be directed to the Technical Services Business Unit Support Officer on 07-862 8609. • All internal wastewater disposal and drainage works are to be undertaken under a Building Consent • All building demolition or relocation shall be completed under a building consent • That all the proposed internal lighting shall be installed to the following procedure: - The lights are to be connected as per the supply regulations for a private installation. A Certificate of Compliance, signed by a registered electrician and an authorised inspector is to be completed and submitted as part of the as-built documentation. - The lights can be tested but must remain isolated upon completion of the work. Delegated Matters Page 56 01/04/15-01/08/15

- Notice of installation details in pdf format and appropriate electrical safety certificate/COC documentation is to be completed for each light installed and submitted as part of the as-built documentation. - A power authority form for each light is to be sent to the appropriate power authority noting that the lights are isolated. A copy is to be supplied to the Hauraki District Council as part of the as-built documentation. - Hauraki District Council will authorise their contractor to commission the lights. This is at the developer's cost.

Date: 15th February 2015

Signed: ______Peter Crawford, Independent Commissioner

Delegated Matters Page 57 01/04/15-01/08/15

Decision Sheet Resource Management Act 1991

Event number: SUBD-201.2015.00000372.001

Decision number: 2014/15 - 116

Applicant: Bruce Charles Gerrand

Document reference: FRED Doc 1367372 To carry out a boundary relocation subdivision resulting in Subject: a 3.9m yard infringement at 826 Waitawheta Road, Waihi, legally described Lot 1 DP 317342.

Decision:

That pursuant to Sections 104 and 104 B of the Resource Management Act 1991 Council grants consent to this non-notified, discretionary activity to carry out a boundary relocation subdivision resulting in a 3.9m yard infringement at 826 Waitawheta Road, Waihi, legally described Lot 1 DP 317342, for the following reasons:

 It is considered that the potential or actual adverse effects generated by this proposal will be less than minor.  The proposal is not considered to be contrary to the objectives and policies of the Operative District Plan (2014).  The proposal is considered to be consistent with the purpose and principles of the Resource Management Act 1991.

Subject to the following conditions:

1) That the subdivision and yard infringement be carried out in general accordance with the plans and information prepared by Waihi Land Surveyors Ltd, job 2761, dated 20 April 2015 for Gerrand Subdivision, 826 Waitawheta Road, Waihi, Lot 1 DP 317342.

2) That pursuant to Section 220 (1)(b)(i) of the Resource Management Act 1991, that Lot 2 hereon be transferred to the owners of Lot 2 DPS 84002 and Lot 2 DP 317342 (CFR 67969) and that one Computer Freehold Register be issued to include all parcels. See LINZ request 1288675.

3) That the following easements shall be created:

Purpose Shown Servient tenement Dominant tenement as Right to convey A Lot 2 Lot 1 electricity Right to drain water B Lot 2 Lot 1

Page 1 Delegated Matters Page 58 01/04/15-01/08/15

4) That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Hauraki District Council charges for receiving, processing and granting the Resource Consent.

5) That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay Hauraki District Council a fee of $110.00 for the administration associated with monitoring the consent, and thereafter shall pay to Hauraki District Council, all costs that arise for monitoring this consent, including all costs associated with site visits, and the consideration and certification of plans and details associated with the consent, as appropriate.

Date: 25th May 2015

SIGNED:

Page 2 Delegated Matters Page 59 01/04/15-01/08/15

Decision Sheet Resource Management Act 1991

Event number: LUSE-202.2015.00000381.001

Decision number: 2014/15 - 119

Applicant: George Bogiatto

Document reference: FRED Doc 1377938 To depart from side yard requirement of the Operative District Plan in conjunction with the construction of a garage on Lot 2 DPS 16166, 13 Brenan Street, Subject: Paeroa.

Decision:

That pursuant to s.95A, 104 and s.104C of the Resource Management Act, consent is granted to this non-notified restricted discretionary activity application to waive the side yard standard in the Residential Zone in conjunction with the construction of a garage on Lot 2 DPS 16166, 13 Brenan Street, Paeroa. . • the applicant has provided the written approval of the adjacent landowner (and occupier if relevant) therefore the effects on this neighbour cannot be taken into account; and • the effects on the environment are considered to be no more than minor.

Subject to the following conditions:

1. The proposed activity is undertaken in accordance with the plans dated and signed approved 23rd June 2015, being Site Plan labelled “Lot 2,DPS 16166, G Bogiatto – 13 Brenan Street, Paeroa” drawn by Dunwoodie & Green Surveyors Ltd.

2. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the Applicant shall pay Council charges for receiving, processing and granting the Resource Consent.

3. That pursuant to Section 36(1) (c) of the Resource Management Act 1991 the applicant shall pay an administration fee of $110.00 for administration of the consent. Delegated Matters Page 60 01/04/15-01/08/15

4. That pursuant to Section 36(1) (c) of the Resource Management Act 1991 the applicant shall pay all Council’s costs for monitoring this consent including all costs associated with the consideration and certification of plans and details associated with the consent as appropriate.

Date: 23rd June 2015

SIGNED:

Delegated Matters Page 61 01/04/15-01/08/15

Decision Sheet Resource Management Act 1991

Event number: LUSE-202.2015.00000340.001

Decision number: 2014/15 - 123

Applicant: China Forestry Group New Zealand Limited

Document reference: FRED Doc 1382056 To destroy, damage and/or modify approximately 13.9ha of indigenous vegetation contained within Significant Natural Areas S13UP 49, 50, 51 & 52 as a result of road construction and harvesting (as defined in the application), located within Patetonga Forest, Mangawara and Waikaka Roads, Patetonga, legally described as SEC 2 BLK IV SD Hapuakohe Survey District, PLT 1 SEC 1 BLK IV SD Hapuakohe Survey District, PLT 1 SEC 5 BLK I SD Waitoa Survey District, SEC 8 BLK XVI SD Piako Survey District, SEC 5 BLK IV SD Hapuakohe Survey District, SEC 22 BLK IV SD Hapuakohe Survey District, SEC 21 BLK IV SD Hapuakohe Survey District, PSC 4 BLK IV SD Subject: Hapuakohe Survey District

Decision:

That pursuant to Sections 104 and 104B of the Resource Management Act 1991 the Hauraki District Council grant consent to this non-notified discretionary activity application to destroy, damage and/or modify approximately 13.9ha of indigenous vegetation contained within Significant Natural Areas S13UP 49, 50, 51 & 52 as a result of road construction and harvesting (as defined in the application), located within Patetonga Forest, Mangawara and Waikaka Roads, Patetonga, legally described as SEC 2 BLK IV SD Hapuakohe Survey District, PLT 1 SEC 1 BLK IV SD Hapuakohe Survey District, PLT 1 SEC 5 BLK I SD Waitoa Survey District, SEC 8 BLK XVI SD Piako Survey District, SEC 5 BLK IV SD Hapuakohe Survey District, SEC 22 BLK IV SD Hapuakohe Survey District, SEC 21 BLK IV SD Hapuakohe Survey District, PSC 4 BLK IV SD Hapuakohe Survey District, for the following reasons:

• The effects on the environment are no more than minor; and

• Effects on the Significant Natural Areas (S13UP49, 50, 51 & 52) are limited to a small area and conditions can be imposed to minimize damage to the SNA’s; and

• Significant Natural Area S13UP51 which will be most adversely affected by cable harvesting was identified by Kessels Ecology Ltd as having low ecological value due to its fragmentation, narrow width and composition of predominantly secondary vegetation; and Delegated Matters Page 62 01/04/15-01/08/15

• The proposal is not contrary to the relevant objectives and policies of the Hauraki District Plan (2014); and

• The proposal is considered to be in accordance with Part II and s6 of the Resource Management Act (1991).

Subject to the following conditions:

1) That the road construction and cable harvesting shall be carried out generally in accordance with the application dated 15th January 2015, titled “Assessment of Environmental Effects and Application for Consent, Patetonga Forest” by CR Richards, and the Harvest Plan Map titled “Patetonga Forest Harvest Plan” printed 25/11/2014 by PF Olsen Ltd which has been stamped approved.

2) That the “General Mitigation Measures” set out in Section 15 of the report by Kessels Ecology Ltd, titled “Patetonga Forest Harvest Consent and Proposed Damage to SNA” dated 6th May 2015 shall be implemented as follows:

a) That Hauler operators and fellers engaged in the vegetation clearance shall be supplied with a map showing the Significant Natural Areas as identified on the Harvest Plan and the map by Hamish Dean of Kessels Ecology, dated 7th May 2015 and informed of the following requirements:

(i) That trees located adjacent to the Significant Natural Areas shall be direct felled away from the indigenous vegetation and/or riparian margins, unless it is unsafe to do so.

(ii) That for Area 1, as shown on the map by Kessels Ecology, a static skyline shall be used to achieve maximum suspension of payloads and payloads shall be kept light (one log at a time) to ensure tension is maintained and logs are not dragged through the indigenous vegetation.

(iii) Designated hauler lines shall be located away from old-growth trees (including species such as tawa, rimu and pukatea) and bridling shall be used to minimise damage to trees and disturbance to water bodies where possible.

ADVICE NOTES

• Additional tracks should be constructed in Summer.

• When replanting of the pine forest is undertaken:

 The edges of the Significant Natural Areas (as identified on the District Plan maps) must not be encroached upon.

 It is recommended that the applicant consider rationalising the boundaries of the pine forest adjoining Significant Natural Areas to assist future ease of maintenance and harvesting, and to minimise impacts on native vegetation. This may require small areas of the existing plantation, that are difficult to harvest, to be retired. Any proposal to amend the existing boundaries of the Delegated Matters Page 63 01/04/15-01/08/15

Significant Natural Areas would require a resource consent application, supported by a qualified Ecologists Report.

• This resource consent does not negate the need to apply for resource consent under any relevant Waikato Regional Council rules.

• Any accidental discoveries of archaeological sites by the consent holder or contractors shall follow the procedure below:

Date: 29th June 2015

SIGNED:

Delegated Matters Page 64 01/04/15-01/08/15

Decision Sheet Resource Management Act 1991

Event number: SUBD-202.2015.00000387.001

Decision number: 2015/16 - 2

Applicant: Kenneth Phillip Burne & Kay Burne

Document reference: FRED Doc 1385932 To depart from rear yard requirement of the Operative District Plan in conjunction with the construction of a Domestic Implement Shed on Lot 1 DPS 43943, 19 Subject: Parry Palm Avenue, Waihi.

Decision:

That pursuant to s.95A, 104 and s.104C of the Resource Management Act, consent is granted to this non-notified restricted discretionary activity application to waive the rear yard standard in the Low-Density Residential Zone in conjunction with the construction of a Domestic Implement Shed on Lot 1 DPS 43943, 19 Parry Palm Avenue, Waihi. . • the applicant has provided the written approval of the adjacent landowner (and occupier if relevant) therefore the effects on this neighbour cannot be taken into account; and • the effects on the environment are considered to be no more than minor.

Subject to the following conditions:

1. The proposed activity is undertaken in accordance with the plans dated and signed approved 9th July 2015, being labelled “Site Plan A and Site Plan B”.

2. That the Implement Shed is to be used for Domestic Storage purposes only, i.e. ride mower, hedge trimmer and other tools for maintaining the property.

3. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the Applicant shall pay Council charges for receiving, processing and granting the Resource Consent.

Date: 9th July 2015

SIGNED:

Delegated Matters Page 66 01/04/15-01/08/15

Decision Sheet Resource Management Act 1991

Event number: LUSE-202.2015.00000388.001

Decision number: 2015/16 - 3 John Edward Lewis & David Malcolm Vince Gibbs & Applicant: Lois Merle Lewis

Document reference: FRED Doc 1386684 To depart from side yard requirement of the Operative District Plan in conjunction with the construction of a Dwelling and the locating of two water tanks on Lot 1 Subject: DP 483036, 151 Heard Road, Waihi.

Decision:

That pursuant to s.95A, 104 and s.104C of the Resource Management Act, consent is granted to this non-notified restricted discretionary activity application to waive the side yard standard in the Rural Zone in conjunction with the construction of a Dwelling and the locating of two water tanks on Lot 1 DP 483036, 151 Heard Road, Waihi.

Subject to the following conditions:

1. The proposed activity is undertaken in accordance with the site plan/daylight control plan dated and signed approved 13th July 2015.

2. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the Applicant shall pay Council charges for receiving, processing and granting the Resource Consent.

Date: 13th July 2015

SIGNED:

Delegated Matters Page 68 01/04/15-01/08/15

Decision Sheet Resource Management Act 1991

Event number: SUBD-201.2015.00000373.001

Decision number: 2015/16 - 4

Applicant: Bruce Torrens

Document reference: FRED Doc 1378783 A) To carry out a yard infringement, and depart from the engineer design standards for internal access and road design, in association with a three lot rural subdivision at 49 Kelly Road, Waihi, legally Subject: described as Sec 10 BLK IV Aroha Survey District. B) To subdivide Sec 10 BLK IV Aroha Survey District, 49 Kelly Road, Waihi into three rural lots.

Decisions:

1. Under the Resource Management Act 1991 the Council hereby extends the time frame to make a decision on the combine subdivision and landuse application to subdivide Sec 10 BLK IV Aroha Survey District, 49 Kelly Road, Waihi into three rural lots; and to carry out a yard infringement, and depart from the engineer design standards for internal access and road design, in association with a three lot rural subdivision at 49 Kelly Road, Waihi, legally described as Sec 10 BLK IV Aroha Survey District. This extension has been granted with the agreement of the applicant to allow review of draft conditions and to alter the scheme plan associated with the application.

Pursuant to Section 37 of the Resource Management Act 1991, the decision date has been extended from 17th June 2015 to 17th July 2015.

A. That pursuant to Sections 104 and 104C of the Resource Management Act 1991 Council grants consent to this non-notified, restricted discretionary activity to carry out a yard infringement, and depart from the engineer design standards for internal access and road design, in association with a three lot rural subdivision at 49 Kelly Road, Paeroa, legally described as Sec 10 BLK IV Aroha Survey District, for the following reasons:

• It is considered that the potential or actual adverse effects generated by this proposal will be less than minor. • The proposal is not considered to be contrary to the objectives and policies of the Operative District Plan (2014). • The proposal is considered to be consistent with the purpose and principles of the Resource Management Act 1991.

Page 1 Delegated Matters Page 69 01/04/15-01/08/15

Subject to the following conditions:

Stormwater

1. That the hard surface runoff from the newly formed internal gravel access track servicing the building platform of Lot 1 shall not be discharged onto adjoining properties, except that a discharge point to the Kelly Road corridor is acceptable.

Note: This may include the armouring of water channel inverts on steep gradients and additional access track culverts. It is recommended that the track is located at least 2m away from the boundaries of the access leg to provide adequate space for drainage should the track be sealed in the future, and also for services.

Earthworks

2. That the consent holder shall implement the requirements of Environment Waikato as described in “Erosion and Sediment Control – Guidelines for Soil Disturbing Activities January 2009” to mitigate dust, sediment and erosion to the satisfaction of the Manager, Planning and Environmental Services.

Note: In particular, the consent holder will need to: • Stabilise exposed surfaces as soon as practical, • Control erosion on the site, • Remove the stockpile from within the road reserve area at the end of Kelly Road.

AND

B. That pursuant to Sections 104 and 104B of the Resource Management Act 1991 Council grants consent to this non-notified, discretionary activity to carry out a three lot rural subdivision at 49 Kelly Road, Paeroa, legally described as Sec 10 BLK IV Aroha Survey District, for the following reasons:

Subject to the following conditions:

General

3. That the subdivision shall be carried out in general accordance with the plans drawn by Barr + Harris Land Surveyors, titled “Lots 1 & 2 & 3 Being a Proposed Subdivision of Section 10 Block IV Aroha SD”, Sheet 1 of 2 and Sheet 2 of 2 (both Revision D), Ref: 03/2437, dated June 2015, which has been stamped and signed as approved.

4. That engineering design drawings and related specifications covering all engineering works (including the location of services) for the subdivision shall be submitted to the Planning and Environmental Services Manager for consideration and acceptance by the District Engineer prior to commencement of any works.

Page 2 Delegated Matters Page 70 01/04/15-01/08/15

Access

5. That the recently modified existing double entrances servicing Right of Way A and ROW B shall be upgraded to evenly match the end of Kelly Road. Each entrance shall be contained within each right of way. The proposed upgrade shall include:

• Upgrading the entrance to Right of Way A to a Class B standard (Standard Rural Vehicle Crossing) as specified in 8.4.3.3(1)(e)(i) of the Operative District Plan and diagram HDC-302, Hauraki District Council Engineering Manual 2010 - Version 1.

• Upgrading the entrance to ROW B to a Class B standard (Standard Rural Vehicle Crossing) as specified in 8.4.3.3(1)(e)(i) of the Operative District Plan and diagram HDC-302, Hauraki District Council Engineering Manual 2010 - Version 1.

• The existing plastic culvert shall be replaced by a 300mm dia RCRRJ pipe.

Note: dual entrance is not possible based on the proposed entrance culvert constraints. All design and construction shall be to the satisfaction of the District Engineer.

6. That Right of Way A and Right of Way B shall be constructed in accordance with the appropriate standard as specified in section 8.4.8.3 of the Operative District Plan and the Hauraki District Council Engineering Manual 2010 - Version 1 for a Rural right of way servicing 2 Lots.

7. That the recently constructed access track shall be contained entirely within Lot 1, and a plan shall be provided prior to the signing of the 223 Certificate, showing the location of the track in relation to the surveyed boundaries.

Easements

8. That the following easements shall be created:

Memorandum of Easements Purpose Shown Serv. Ten Dom. Ten. Right of way, right to A Lot 3 hereon Lot 2 hereon convey electricity, right to convey telecommunications B Lot 1 hereon Lot 3 hereon and computer media, right to drain water Right to convey B Lot 1 hereon Lot 2 hereon telecommunications C Lot 3 hereon Lot 2 hereon and computer media Right to convey D Lot 3 hereon Lot 1 hereon water Right to convey E Lot 1 hereon Lot 3 hereon water Right to convey F Lot 2 hereon Lot 3 hereon electricity

Water

9. (a) That the existing water reticulation servicing Lot 2 (from the bore located on Lot 3 and the storage tank located on Lot 1) shall be located and any cross connections between the lots which provide water reticulation to Lot 2 shall be decommissioned, OR (b) Easements giving the right to convey water in favour of Lot 2 shall be created.

Page 3 Delegated Matters Page 71 01/04/15-01/08/15

10. That, if Condition 9(a) is fulfilled, evidence shall be provided to demonstrate that alternative arrangements have been made and are in place to provide an alternative, adequate supply of potable water for the existing dwelling on Lot 2.

Note: The evidence to be provided is expected to include photographs of any water tanks that have been installed and details of the capacity of the tanks.

Stormwater

11. That the hard surface runoff from the newly formed internal gravel access track servicing the building platform of Lot 1 shall not be discharged onto adjoining properties, except that a discharge point to the Kelly Road corridor is acceptable.

Earthworks

12. That the consent holder shall implement the requirements of Environment Waikato as described in “Erosion and Sediment Control – Guidelines for Soil Disturbing Activities January 2009” to mitigate dust, sediment and erosion to the satisfaction of the Manager, Planning and Environmental Services.

Power

13. The subdivider shall:

a) Reticulate Lot 1 for electricity, including providing a connection to the boundary of the Lot and shall provide written confirmation from the power supply authority that a connection is available to the lot, AND

b) The subdivider shall provide written confirmation from the power supply authority that there are existing separate connections to Lots 2 & 3, or shall provide confirmation from the power supply authority that separate connections have been installed to each lot.

Telecommunications

14. That the subdivider shall provide:

a) A telephone connection (land line) for Lot 1 and provide written confirmation from the telecommunications supply authority that a connection is available, OR

b) A consent notice shall be registered on the Computer Freehold Register of Lot 1 pursuant to Section 221 of the Resource Management Act 1991 stating that there is no (landline) telecommunication connection to Lot 1. If a (landline) telecommunication connection is required, the cost of the connection will be the responsibility of the then landowner.

Page 4 Delegated Matters Page 72 01/04/15-01/08/15

15. The subdivider shall provide written confirmation from the telecommunications supply authority that any existing telecommunications connections to Lots 2 & 3 are separate connections.

Surrender of Subdivision Consent

16. That, prior to the signing of the 223 Certificate, the consent holder shall surrender Subdivision Consent Reference No. SUBD-201.2011.00000015.001.

Fees

17. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Hauraki District Council charges for receiving, processing and granting the Resource Consent

18. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay Hauraki District Council a fee of $110.00 for the administration associated with monitoring the consent, and thereafter shall pay to Hauraki District Council, all costs that arise for monitoring this consent, including all costs associated with site visits, and the consideration and certification of plans and details associated with the consent, as appropriate.

Advice Notes:

• 24 Hours notice must be given for the entrance construction inspection that is required to be undertaken during the engineering works. All requests in this regard must be directed to the Technical Services Development Engineer on 07-862 8609.

Page 5 Delegated Matters Page 73 01/04/15-01/08/15

 If skeletal remains are uncovered the Site Manager shall advise the Police.  Works affecting the archaeological site shall not resume until the Heritage New Zealand, the Police (if skeletal remains are involved) and iwi groups have each given the appropriate approval for work to continue

Date: 24th June 2015

SIGNED:

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Decision Sheet Resource Management Act 1991

Event number: SUBD-201.2015.00000380.001

Decision number: 2015/16 - 5

Applicant: Willem Van De Veen & Carla Van De Veen

Document reference: FRED Doc 1387291 To subdivide Lot 6 DP 383966 into two rural lifestyle lots and to create a general rural lot to be amalgamated with Subject: Lot 2 DP 353828 and Part Lot 2 DP 22058 at 267 Ngatitangata Road, Waihi.

Decision:

A. That pursuant to Section 243(e) of the Resource Management Act 1991, the Hauraki District Council cancels the Right of Way Easement shown on Deposited Plan S.44119 as it affects the land in Lots 1, 2 and 3 hereon.

B. That pursuant to Section 243(e) of the Resource Management Act 1991, the Hauraki District Council cancels the Right of Way Easement shown on Deposited Plan S.73716 as it affects the land in Lots 1, 2 and 3 hereon.

C. That pursuant to Section 243(e) of the Resource Management Act 1991, the Hauraki District Council cancels the Right of Way Easement shown on Deposited Plan S.84397 as it affects the land in Lots 1 and 3 hereon. Note: The right-of-way easement shall be retained in favour of Lot 2 hereon.

D. That pursuant to Section 221(3) of the Resource Management Act 1991, Hauraki District Council agrees to cancel the following consent notice imposed on the title of Lot 2 DPS 84397 (as required by condition 1 of Consent 81.706.666) as it relates to Lot 2 DPS 84397 and Lot 6 DP 383966 only:

That a maximum of 1 dwelling in total be allowed on each of Lot 1 and Lot 2.

E. That pursuant to Sections 104 and 104B of the Resource Management Act 1991 the Hauraki District Council grant consent to this non-notified, discretionary activity application to subdivide Lot 6 DP 383966 into two rural lifestyle lots and to create a general rural lot to be amalgamated with Lot 2 DP 353828 and Part Lot 2 DP 22058 at 267 Ngatitangata Road, Waihi for the following reasons:

. The proposed subdivision has adverse effects on the environment less than minor; and

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. The proposed subdivision is not contrary to the objectives and policies relating to the use and fragmentation of productive rural soils of the District Plan (2014); and

. The proposed subdivision will not compromise the rural amenity landscape values and rural character of the locality, due to the topography.

Subject to the following conditions:

1. That the subdivision shall be carried out generally in accordance with the scheme plan prepared by Barr & Harris Surveyors Ltd titled “Lots 1 & 2 being a proposed subdivision of Lot 6 DP 383966”, (ref: 2262), dated April 2015”, which has been signed and stamped approved.

Telecommunications

2. (a) The subdivider shall either provide written confirmation from the telecommunication supply authority that there are existing separate land line connections to each of Lots 1 and 2. If there are existing telecommunication connections to Lots 1 and 2 but they aren’t separate connections, the subdivider shall install separate connections to the boundary of Lots 1 and 2, and provide written confirmation from the telecommunication supply authority of the new, separate connections.

(b) That a consent notice shall be registered on the Computer Freehold Register of Lots 1 and 2 pursuant to Section 221 of the Resource Management Act 1991 stating that there are no (landline) telecommunication connections to Lots 1 and 2. If a (landline) telecommunication connection is required, the cost of the connection will be the responsibility of the then landowner.

Power

3. The subdivider shall provide written confirmation from the power supply authority that there are existing separate connections to each of Lots 1 and 2, or shall otherwise install separate connections to the boundary of Lots 1 and 2 and provide written confirmation from the power supply authority of the new separate connection(s).

Significant Natural Area

4. That the two southern portions of Significant Natural Area (T13UP168) shall be contained entirely within Lot 2 as shown on the Scheme Plan titled "Lots 1 & 2 Being a Proposed Subdivision of Lot 6 DP 383966 - Significant Natural Area Overlay Plan" ref: 2262 - SNA01 dated May 2015 which has been signed and stamped approved.

Note: The northern portion of SNA T13UP168 (2.2ha) shall remain within Lot 3.

Geotechnical

5. That a consent notice shall be registered on the Computer Freehold Register of Lot 1 pursuant to Section 221 of the Resource Management Act 1991, advising that a Site Investigation and Geotechnical Engineering Appraisal has been undertaken by Mark T Mitchell Ltd (Ref: B – 8416) dated 22 September 2005. The recommendations of the report for the building sites and foundations shall be adhered to at the time of building consent or shall be an alternative design by a Chartered Professional Engineer.

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Amalgamation

6. That pursuant to Section 220(1)(b)(i) of the Resource Management Act 1991, that Lot 3 hereon be transferred to the owner of Part Lot 2 DP 22058 and Lot 2 DP 353828 (CFR 220048) and one Computer Freehold Register be issued to include all parcels (See Request 1298779).

Easements

7. That the following easements are created:

Purpose Shown Servient tenement Dominant tenement as Right to convey A Lot 2 hereon Lot 3 hereon water B Lot 1 hereon Lots 2 & 3 hereon

Administrative

8. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Hauraki District Council charges for receiving, processing and granting the Resource Consent

9. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay Hauraki District Council a fee of $110.00 for the administration associated with monitoring the consent, and thereafter shall pay to Hauraki District Council, all costs that arise for monitoring this consent, including all costs associated with site visits, and the consideration and certification of plans and details associated with the consent, as appropriate.

Advice Notes:

• Council has no record of a Building Consent having been granted for conversion of the former woolshed on Lot 1 into a dwelling.

• That all future earthworks are to be undertaken in accordance with Part 2 of NZS4404:2004 and NZS 4431.

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• Sewage Disposal – Any on-site wastewater management systems put in place need to demonstrate compliance with permitted activity rules under the Waikato Regional Plan or resource consent will be required for sewage discharge from the Waikato Regional Council.

Date: 14th July 2015

SIGNED:

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Decision Sheet Resource Management Act 1991

SUBD-201.2015.00000367.001 & Event number: LUSE-202.2015.00000367.001

Decision number: 2015/16 - 6

Applicant: Geoffrey Arthur Morgan & Elizabeth Pamela Fyfe-Morgan

Document reference: FRED Doc 1387526 A) To use a former church hall located within a Recreation Zone as a dwelling at 18 Kaiaua Road, Subject: Kaiaua legally described as Lot 10 DP 42059. B) To subdivide Lots 9 & 10 DP 42059 into two residential lots, located at 18 Kaiaua Road, Kaiaua.

Decision:

Land Use Consent

A. That pursuant to Sections 104, 104B and 104D of the Resource Management Act 1991, Council grant consent to this publicly notified, non complying activity to use a former church hall located within a Recreation Zone as a dwelling at 18 Kaiaua Road, Kaiaua legally described as Lot 10 DP 42059, for the following reasons:

• It is considered that the actual and potential adverse effects generated by this proposal will be minor. Although the application is contrary to the objectives and policies for the Recreation Zone, there are unusual circumstances which apply to the site. These circumstances are unlikely to be replicated elsewhere and would ensure that a precedent is not created in relation to other, similar applications. • The proposal is considered to be consistent with the purpose and principles of the Resource Management Act 1991. • The proposal is not considered to be contrary to the Hauraki Gulf Marine Park Act 2000.

Subject to the following conditions:

General

1. The activity shall be carried out in accordance with the information and plans submitted with the resource consent application received on 7th April 2015, the further information received on 7th May & 14th May 2015, and the plans titled: • Site Plan by Emandee Homes dated 13th May 2015, Sheet No. 101, • Floor Plan by Emandee Homes dated 13th May 2015, Sheet No. 102, and • Elevations Plan by Platinum Homes dated 25th September 2014, Drawing No. A 01, which has been signed and stamped approved, except that the internal layout of the building (as shown on the Floor Plan) may be amended.

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Stormwater Disposal

2. That, when the proposed extension is constructed, the stormwater disposal system on Lot 10 shall be amended in accordance with the report by Tilsley Engineering, Consultant Engineers and Environmental Consultants, Reference No. M8004-0 dated 12th March 2015, or an alternative design by a Chartered Professional Engineer.

Administration

3. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Hauraki District Council charges for receiving, processing and granting the Resource Consent

4. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay Hauraki District Council a fee of $110.00 for the administration associated with monitoring the consent, and thereafter shall pay to Hauraki District Council, all costs that arise for monitoring this consent, including all costs associated with site visits, and the consideration and certification of plans and details associated with the consent, as appropriate.

Subdivision Consent

B. That pursuant to Sections 104, 104B & 104D of the Resource Management Act 1991, the Hauraki District Council grant consent to this non complying activity application to subdivide Lots 9 & 10 DP 42059 into two residential lots, located at 18 Kaiaua Road, Kaiaua on the grounds that:

• An engineering report has been provided, which demonstrates that stormwater and effluent disposal can be accommodated. Each lot is of adequate size and shape to provide space for dwellings and services. It is considered that the actual and potential adverse effects of this subdivision will be minor. • The proposal is considered to be consistent with the purpose and principles of the Resource Management Act 1991. • The proposal is not considered to be contrary to the Hauraki Gulf Marine Park Act 2000.

Subject to the following conditions:

General

1. The subdivision shall be carried out generally in accordance with the scheme plan drawn by Easdale Surveyors Ltd titled “Proposed Subdivision for Pam Fyfe-Morgan, Lipscombe Road & Kaiaua Road, Kaiaua, Lots 9 & 10 DP 42059”, dated October 2008, Drawing No. 8193 Revision 2, which has been signed and stamped approved, except that the Memorandum of Easements shown on the plan shall not be created.

Effluent and Stormwater Disposal

2. That a wastewater treatment system shall be installed for Lot 10, in accordance with the report by Tilsley Engineering, Consultant Engineers and Environmental Consultants, Reference No. M8004-0 dated 12th March 2015, or an alternative design by a Chartered Professional Engineer. The entire system, including effluent field, shall be contained within Lot 10 and there shall be a minimum 3 metre setback to the boundaries. A plan shall be provided showing the location of the wastewater treatment system and disposal field, in relation to the boundaries of the lot.

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Note: Any construction/modification/relocation of the effluent disposal system must be processed under a Building Consent.

3. That the stormwater disposal system on Lot 10 shall be amended in accordance with the report by Tilsley Engineering, Consultant Engineers and Environmental Consultants, Reference No. M8004-0 dated 12th March 2015, or an alternative design by a Chartered Professional Engineer.

4. That pursuant to Section 221 of the Resource Management Act 1991, a consent notice shall be registered on the Computer Freehold Register of Lot 9 advising that a stormwater and effluent disposal treatment investigation has been undertaken for the lot and the resulting report identifies typical stormwater and effluent disposal requirements/ treatments. Any stormwater or effluent disposal systems installed on Lot 9 shall be in accordance with the report by Tilsley Engineering, Consultant Engineers and Environmental Consultants, Reference No. M8004-0 dated 12th March 2015, or an alternative design by a Chartered Professional Engineer.

Telecommunications

5. That the applicant shall provide written confirmation from the appropriate supply authority that either: each of Lots 9 & 10 DP 42059 has an existing, separate telephone (landline) connection capable of serving a dwelling OR: that a separate connection (landline) has been provided to the boundary of each lot which is capable of serving a dwelling.

Power

6. That the applicant shall provide written confirmation from the appropriate supply authority that either: each of Lots 9 & 10 DP 42059 has an existing, separate power connection capable of serving a dwelling OR: that a connection has been provided to the boundary of each lot which is capable of serving a dwelling.

Administration

7. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Hauraki District Council charges for receiving, processing and granting the Resource Consent

8. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay Hauraki District Council a fee of $110.00 for the administration associated with monitoring the consent, and thereafter shall pay to Hauraki District Council, all costs that arise for monitoring this consent, including all costs associated with site visits, and the consideration and certification of plans and details associated with the consent, as appropriate.

Advice Notes for Both Consents

• The New Zealand Fire Service recommends that:  Upon construction of habitable buildings, sufficient water volume, pressure and flows should be provided in accordance with NZFS Fire Fighting Water Supplies Code of Practice SNZ PAS 4509: 2008 and that this water supply should be accessible for firefighting purposes.  If water supply is to be provided by way of tank storage, this should be located a safe distance away from any habitable dwelling and should be in accordance with NZFS Fire Fighting Water Supplies Code of Practice SNZ PAS 4509: 2008.

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• A Building Consent is required for conversion of the former Church Hall into a dwelling and for any drainage works. A standard Vehicle Crossing (urban) will need to be constructed to service Lot 10 at the time of building consent for conversion of the Church Hall, and for any new dwelling on Lot 9, in accordance with Diagram R 8 as specified in the Franklin District Council’s Code of Practice for Subdivision. Piping of the drain is required. • A Corridor Access Request must be submitted for any work undertaken in the road reserve. This must be submitted for approval 10 working days prior to the commencement of any works. This should be done through www.beforeudig.co.nz. All enquiries in this regard must be directed to the Technical Services Business Unit Administrator on 07-862 8609.

• Any accidental discoveries of archaeological sites by the consent holder or contractors shall follow the procedure below:  Work shall cease immediately at that place.  The contractor must shut down all machinery, secure the area and advise the Site Manager.  The Site Manager shall notify the Project Archaeologist (if relevant), the Heritage New Zealand Pouhere Taonga Regional Archaeologist (if no authority has been granted) and if necessary the appropriate consent process shall be initiated.  If the site is of Maori origin the Site Manager shall also notify the appropriate iwi group/s to determine what further actions are appropriate to safeguard the site or its contents.  If skeletal remains are uncovered the Site Manager shall advise the Police.  Works affecting the archaeological site shall not resume until Heritage New Zealand Pouhere Taonga, the Police (if skeletal remains are involved) and iwi groups have each given the appropriate approval for work to continue.

Date: 14th July 2015

Signed: ______

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Decision Sheet Resource Management Act 1991

Event number: SUBD-201.2015.00000379.001

Decision number: 2015/16 - 1

Applicant: Kelvin Ross Orchard & Dale Ann Orchard

Document reference: FRED Doc 1383210 To subdivide Lot 1 DP 412480 & Lot 2 DP 434484, 667 Subject: Golden Valley Road, Waihi by way of a boundary adjustment.

Decision:

That pursuant to Sections 104 and 104 A of the Resource Management Act 1991 Council grants consent to this non-notified, controlled activity to subdivide Lot 1 DP 412480 & Lot 2 DP 434484, 667 Golden Valley Road, Waihi by way of a boundary adjustment, for the following reasons:

 It is considered that the potential or actual adverse effects generated by this proposal will be less than minor.  The proposal is not considered to be contrary to the objectives and policies of the Operative District Plan (2014).  The proposal is considered to be consistent with the purpose and principles of the Resource Management Act 1991. Subject to the following conditions:

1) That the subdivision be carried out in general accordance with the plans and information prepared by Waihi Land Surveyors Ltd, job 2774, dated 26 May 2015 titled “Lots 1 & 2 Being a Subdn of Lots 1 DP412480 & 2 DP434484, 667 Golden Valley Rd, Waihi”.

2) That pursuant to Section 220 (1)(b) (ii) of the Resource Management Act 1991, that Lot 2 hereon and Lot 2 DP30404 and Lot 2 DP323206 (CFR 530244) be held in the same computer freehold register. See LINZ request 1297710.

3) That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Hauraki District Council charges for receiving, processing and granting the Resource Consent.

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4) That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay Hauraki District Council a fee of $110.00 for the administration associated with monitoring the consent, and thereafter shall pay to Hauraki District Council, all costs that arise for monitoring this consent, including all costs associated with site visits, and the consideration and certification of plans and details associated with the consent, as appropriate.

Date: 1st July 2015

SIGNED:

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Decision Sheet Resource Management Act 1991

Event number: LUSE-202.2015.00000384.001

Decision number: 2015/16 - 7

Applicant: Ross Albert Brydon & Kay Elizabeth Brydon

Document reference: FRED Doc 1388178 To reduce the front yard standard in the Residential Zone to a minimum of 4.275m in conjunction with the construction of a dwelling on Lot 10 DP 411191 Subject: located at 53 Benner Drive, Ngatea.

Decision:

That pursuant to Sections 104, 104B and 108 of the Resource Management Act 1991 Council grants consent to this non-notified, discretionary activity to reduce the front yard standard in the Residential Zone to a minimum of 4.275m in conjunction with the construction of a dwelling on Lot 10 DP 411191 located at 53 Benner Drive, Ngatea, for the following reasons:

It is considered that the adverse effects of the proposal would be less than minor as:

o the proposed dwelling would not affect the safe and efficient functioning of traffic movement; and

o Affected parties have provided their written approval, and

o landscaping will be provided along the sites southern boundary to mitigate effects on the neighbourhood residential amenity.

Subject to the following conditions:

1. That the siting and construction of the dwelling shall be carried out in general accordance with the Site Plan and Elevation Plans by Signature Homes, dated 16th June 2015 (ref: 56933 – DWG 001 & 003) which have been signed and stamped approved.

2. That landscaping shall be provided along the southern site boundary. A landscape planting plan that details the numbers of plants, species, and their size shall be submitted to the Manager of Planning and Environmental Services for approval. The minimum size of any species shall be PB 12 and at least 1.0m high at the time of planting. The landscaping shall be planted within six months of the construction of the dwelling, and evidence of this planting shall be provided to the Council’s Manager of Planning and Environmental Services in the form of photographs, within 1 month of planting. Delegated Matters Page 85 01/04/15-01/08/15

3. That the landscape planting required under Condition 2 shall thereafter be maintained and replenished to the satisfaction of the Manager of Planning and Environmental Services.

4. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Hauraki District Council charges for receiving, processing and granting the Resource Consent

5. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay Hauraki District Council a fee of $110.00 for the administration associated with monitoring the consent, and thereafter shall pay to Hauraki District Council, all costs that arise for monitoring this consent, including all costs associated with site visits, and the consideration and certification of plans and details associated with the consent, as appropriate.

Date: 16th July 2015

SIGNED:

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Decision Sheet Resource Management Act 1991

Event number: LUSE-202.2015.00000386.001

Decision number: 2015/16 - 8

Applicant: B And B Pacific Trustee Coy Ltd

Document reference: FRED Doc 1388428 To exceed the earthworks standards in the Residential Zone and to depart from the Outdoor Living Area standard on Lot 36 DP 399569 in conjunction with the Subject: construction of a dwelling at 12 Settlers Drive, Waihi.

Decision:

That pursuant to Sections 104 and 104B of the Resource Management Act 1991, the Hauraki District Council grant consent to this non-notified, discretionary activity application to exceed the earthworks standards in the Residential Zone and to depart from the Outdoor Living Area standard on Lot 36 DP 399569 in conjunction with the construction of a dwelling at 12 Settlers Drive, Waihi, on the grounds that:

• The earthworks would be relatively small scale and would not alter the overall character and amenity of the area;

• With appropriate conditions in place the potential adverse effects on the environment would be less than minor, and no persons would be adversely affected by the lowering of the existing ground level;

• The location of the Outdoor Living Area to the south of the dwelling would have no off-site adverse effects, and the proposed Outdoor Living Area is of an appropriate area, shape and location for outdoor living purposes; and

• The proposal would be consistent with the policies and objectives of the Operative District Plan (2014).

Subject to the following conditions:

1) The activity, including earthworks, shall be carried out in accordance with the Site Plan and Elevation Plan drawn by J2 Homes Ltd, dated 29th June 2015, Job Number J417, Pages 1 and 2, which have been signed and stamped approved.

2) That the consent holder shall implement the requirements of the Waikato Regional Council as described in “Erosion and Sediment Control - Guidelines for Soil Disturbing Activities January 2009” to mitigate the dust, sedimentation and erosion. Note: In particular, the consent holder will need to:

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• Control all surface runoff from the exposed bare surface areas associated with the building platform excavations to prevent silt contamination of the downstream Council storm water reticulation. • Contact the Hauraki District Council Development Engineer (07 862 8609) to organise an engineering site inspection of the silt control measures prior to the commencement of earthworks. 24 Hours notice must be given for this engineering inspection • Ensure all bare ground surface areas are treated to prevent dust during and after construction.

3) That all earthworks are to be undertaken in accordance with the Hauraki District Council Engineering Manual 2010 - Version 1.

5) That all cut to waste materials shall be disposed of to an approved disposal area.

6) That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Hauraki District Council charges for receiving, processing and granting the Resource Consent.

Advice Notes

• The consent holder shall take all measures, including the control of any contractors, during the earthworks and construction period, to ensure that: a. No earthworks or construction work are undertaken on Sundays or outside the hours between 7am to 6.00pm – Monday to Saturday. b. Noise levels are to comply with Section 9.4.1.3 Construction Noise of the Hauraki District Plan. c. Dust emissions do not create adverse effects beyond the boundary of the site. The contractor shall supply a detailed mitigation plan to treat dust if this becomes a problem.

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• Any accidental discoveries of archaeological sites by the consent holder or contractors shall follow the procedure below:

Date: 17th July 2015

SIGNED:

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Decision Sheet Resource Management Act 1991

Event number: LUSE-202.2015.00000375.001

Decision number: 2014/15 - 118

Applicant: Alcon Bull Holdings Limited

Document reference: FRED Doc 1374533 To reduce the front yard standard in the Rural Zone in conjunction with the construction of an addition to a dwelling on Part Lot 8 DP 15322 located at 310 Kaiaua Subject: Road, Kaiaua.

Decision:

That pursuant to Sections 104 and 104C of the Resource Management Act 1991 Council grants consent to this non-notified, restricted discretionary activity to reduce the front yard standard in the Rural Zone in conjunction with the construction of an addition to a dwelling on Part Lot 8 DP 15322 located at 310 Kaiaua Road, Kaiaua, for the following reasons:

It is considered that the adverse effects of the proposal would be less than minor as:

o the proposed addition would not affect the safe and efficient functioning of traffic movement; and

o no parties are considered to be affected by the proposal, and

o the proposal is consistent with the objectives and policies of the Franklin District Plan.

Subject to the following conditions:

1. That the siting and construction of the addition shall be carried out in general accordance with the Site Plan/Locality Plan and Elevations Plan by Darryl Fry Design Ltd, dated 11th May 2015 & 28th April 2015 (ref: 1rev”A” & 3) which have been signed and stamped approved.

2. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Hauraki District Council charges for receiving, processing and granting the Resource Consent

3. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay Hauraki District Council a fee of $110.00 for the administration associated with monitoring the consent, and thereafter shall pay to Hauraki District Council, all costs that arise for monitoring this consent, including all costs Delegated Matters Page 90 01/04/15-01/08/15

associated with site visits, and the consideration and certification of plans and details associated with the consent, as appropriate.

Date: 11th June 2015

SIGNED:

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Decision Sheet Resource Management Act 1991

Event number: LUSE-202.2015.00000385.001

Decision number: 2015/16 - 9

Applicant: Arnoldus Maria Jansma

Document reference: FRED Doc 1389131 To to carry out a front yard infringement at 30 Kent Crescent, Waihi, legally described as Section 692-693 Town of Waihi in conjunction with the construction of Subject: an en-suite addition to the existing Dwelling.

Decision:

That pursuant to Sections 104 and 104 B of the Resource Management Act 1991 Council grants consent to this non-notified, discretionary activity to carry out a front yard infringement at 30 Kent Crescent, Waihi, legally described as Section 692-693 Town of Waihi, for the following reasons:

 It is considered that the potential or actual adverse effects generated by this proposal will be less than minor.  The proposal is not considered to be contrary to the objectives and policies of the Operative District Plan (2014).  The proposal is considered to be consistent with the purpose and principles of the Resource Management Act 1991.

Subject to the following conditions:

1. That the development shall be carried out in general accordance with the plans drawn by Open – House, titled “Additions to Residence at 30 Kent Crescent, Waihi” Job No. KNT_1501, drawing no: a.101, a.103, a.201, a.202, dated April 2015, which has been stamped and signed as approved.

2. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Hauraki District Council charges for receiving, processing and granting the Resource Consent

Advice Notes:

• Any additional load to the existing waste water system on site may require assessment from a suitably qualified engineer at time of building consent, and any upgrade to the existing system will need to comply with the Waikato Regional Council requirements for domestic effluent disposal or resource consent from the regional Council will be required.

Date: 20th July 2015

Signed: ______

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Decision Sheet Resource Management Act 1991

Event number: SUBD-201.2015.00000374.001

Decision number: 2015/16 - 11

Applicant: Dita Johanna Huizing

Document reference: FRED Doc 1389898 To subdivide Lot 1 DPS 61938 into three rural lifestyle lots and to depart from the corner splay, and vehicle Subject: crossing separation and sight distance standards, located at 41 Rifle Range Road, Waihi.

Decision:

That pursuant to Sections 104 and 104C of the Resource Management Act 1991 Council grants consent to this non-notified, restricted discretionary activity to subdivide Lot 1 DPS 61938 into three rural lifestyle lots and to depart from the corner splay, and vehicle crossing separation and sight distance standards, located at 41 Rifle Range Road, Waihi, for the following reasons:

 It is considered that the potential or actual adverse effects generated by this proposal will be less than minor.  The proposal is not considered to be contrary to the objectives and policies of the Operative District Plan (2014).  The proposal is considered to be consistent with the purpose and principles of the Resource Management Act 1991.

Subject to the following conditions:

1. That the subdivision shall be carried out generally in accordance with the scheme plan prepared by Waihi Land Surveyors Ltd titled “Proposed Subdivision of Lot 1 DPS 61938, 41 Rifle Range Road, Waihi”, Drawing No. 2760, dated 17th April 2015, which has been signed and stamped approved.

Access

2. That a Class C Vehicle Crossing (Standard Vehicle Crossing for residential activities in the rural area) be constructed at the time of subdivision to service Lots 2 and 3 at the locations shown on the approved scheme plan. These shall be in accordance with section 8.4.3.3(1)(e)(i) of the Operative District Plan and Diagram HDC-303, Hauraki District Council Engineering Manual 2010 – Version 1. The proposed entrance works shall include:

• Entrance sight benching on both Lots to achieve minimum sight distance requirements for 60 km/h for Lot 3 and 50km/h for Lot 2. • All existing fencing shall be relocated and offset 1m away from the sight bench.

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• 300mm dia entrance culvert installations if longitudinal water channels require maintaining. • An entrance construction set out site meeting to confirm the extent of corner sight benching.

All design and construction shall be to the satisfaction of the District Engineer.

Corner Splays

3. That a visibility corner splay (Lot 4), with minimum dimensions of 15m adjacent to Rifle Range Road, shall be created in accordance with section 8.4.7.3(1) of the Operative District Plan at the proposed Lot 2 entrance location as shown on the approved scheme plan. This shall be vested in Council as “Road”.

4. That a visibility corner splay (Lot 5), with minimum dimensions of 15m adjacent to Rifle Range Road, shall be created in accordance with section 8.4.7.3(1) of the Operative District Plan at the proposed Lot 3 entrance location as shown on the approved scheme plan. This shall be vested in Council as “Road”.

5. That a corner splay (Lot 6) shall be created in accordance with the appropriate standard as specified in 8.4.7.3(1) of the Operative District Plan at the western side of the intersection of SHWY 2 and Rifle Range Road. This shall be vested with New Zealand Transport Agency as “Road”. In this case the appropriate standard is a 40m minimum splay along SHWY 2 and a 15m minimum splay along Rifle Range Road.

Earthworks

6. The applicant shall install appropriate silt retention devices as necessary to secure the site to prevent silt contamination of waterways downstream of the proposed benching earthworks, as approved by the Engineering Services Manager, HDC. The methods used should be generally in accordance with the requirements of Waikato Regional Council as described in “Erosion and Settlement Control: Guideline for Soil Disturbing Activities” January 2009. These devices shall be regularly maintained.

7. That the consent holder shall take all measures, including the control of any contractors during the earthworks and construction period, to ensure that: i) Noise levels are to comply with Section 8.3.1.3(3) Construction Noise in the Operative Hauraki District Plan. ii) Dust emissions do not create adverse effects beyond the boundary of the site. The contractor shall supply and implement a detailed mitigation plan to treat dust if this becomes a problem.

8. If applicable, all cut to waste materials shall be disposed of in an approved manner to an approved disposal area.

Note: The deposition of the excavated material may also require a resource consent, depending on the volume of material and the site where it is deposited. Please contact the Duty Planner on 07 862 5041 for advice as to whether a resource consent is required.

9. That any soil spilled or tracked onto any public road during the earthworks and construction shall be removed from the road immediately.

Power

10. That the subdivider shall reticulate Lot 3 for electricity, including providing a connection to the boundary of the lot and shall provide written confirmation from the power supply authority that a connection is available to the lot.

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11. The subdivider shall provide written confirmation from the power supply authority that there are existing separate connections to Lots 1 and 2 capable of serving a dwelling, or shall provide confirmation from the power supply authority that separate connections have been installed to each lot.

Telecommunications

12. That a consent notice shall be registered on the Computer Freehold Register of Lots 2 and 3 pursuant to Section 221 of the Resource Management Act 1991 stating that there are no (landline) telecommunication connections to Lots 2 and 3. If a (landline) telecommunication connection is required, the cost of the connection will be the responsibility of the then landowner.

13. (a) The subdivider shall provide written confirmation from the telecommunications supply authority that there is an existing (landline) telecommunication connection to Lot 1, OR

(b) That a consent notice shall be registered on the Computer Freehold Register of Lot 1 pursuant to Section 221 of the Resource Management Act 1991 stating that there is no (landline) telecommunication connections to Lot 1. If a (landline) telecommunication connection is required, the cost of the connection will be the responsibility of the then landowner.

Administrative

14. That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Hauraki District Council charges for receiving, processing and granting the Resource Consent.

15. That pursuant to Section 36(1)(c) of the Resource Management Act 1991 the applicant shall pay Hauraki District Council a fee of $110.00 for the administration associated with monitoring the consent, and thereafter shall pay to Hauraki District Council, all costs that arise for monitoring this consent, including all costs associated with site visits, and the consideration and certification of plans and details associated with the consent, as appropriate.

ADVICE NOTES

Page 3 Delegated Matters Page 96 01/04/15-01/08/15

Date: 22nd July 2015

SIGNED:

Page 4 Delegated Matters Page 97 01/04/15-01/08/15

Decision Sheet Resource Management Act 1991

Event number: OUTP-206.2015.00000376.001

Decision number: 2015/16 - 12

Applicant: Hauraki District Council

Document reference: FRED Doc 1390430

Subject: Outline Plan for the Waitakarur Water Treatment Plant.

Decision:

That pursuant to Sections 176A(4) of the Resource Management Act 1991, the Hauraki District Council is able to accept the details of the outline plan of works at the Waitakaruru Water Treatment Plant located at 5 Back Miranda Road, legally described as ML Waitakaruru BLK 1C3A1, on the grounds that:

• The proposed works shall be in accordance with the designation of the site • The proposed works can be undertaken without the need to recommend changes to avoid, remedy or mitigate potential adverse effects

Date: 21st July 2015

Signed: ______Peter Crawford, Independent Commissioner

Page 1 Delegated Matters Page 98 01/04/15-01/08/15

R TO STAFF DELEGATIONS GROUP

E FROM Michelle Lankow, Consents Officer (Processing)

P FILE REF SUBD-201.2012.00000074.001 / DOC # 1389839

O DATE 22nd July 2015

R SUBJECT NOTIFICATION AND PLANNERS REPORT – APPLICATION TO VARY CONDITION OF CONSENT FOR PROVISION OF TELECOMMUNICATION SERVICE T (LANDLINE) TO TWO RURAL LOTS AT 38 HAMILTON ROAD, NGATEA FOR STEVEN GREEN LTD

DETAILS OF APPLICATION

Date Received: 15th July 2015 Submitted By: Dunwoodie & Green Ltd Applicant: Steve Green Ltd Property: Lot 1 DPS 75570 Address: 38 Hamilton Road, Ngatea Extent: 12.34 hectares Zoning: Rural (Proposed District Plan – Map 11) Application: Section 127 of the Resource Management Act 1991:- Discretionary Recommendation: Process non-notified Grant variation

BACKGROUND

Resource consent was granted for a rural subdivision in September 2012.

THE PROPOSAL

The application is to vary Condition 4, which requires the following:

“That the subdividing owner shall provide each lot with separate power and telephone connections or written confirmation from the respective supply authorities that these are existing, or are available at the standard connection fee.”

The applicant is seeking to delete the requirement for provision of a telephone connection to Lot 2.

THE SITE AND LOCALITY

The property subject to the subdivision is contained within one Certificate of Title. The property is flat productive farmland with a LUC I-III. The site is situated on the western side of Hamilton Road near the intersection with Orchard East Road. The property is mainly in grass.

Page 1 Delegated Matters Page 99 01/04/15-01/08/15

STATUS OF THE APPLICATION

Section 127 of the Resource Management Act 1991 applies.

Section 127- Change or cancellation of consent condition on application by consent holder

(1) The holder of a resource consent may apply to a consent authority for a change or cancellation of a condition of the consent (other than any condition as to the duration of the consent).

(2) Except in accordance with section 234, this section does not apply to a subdivision consent in respect of which a survey plan has been deposited by the District Land Registrar or Registrar of Deeds in accordance with Part 10.

[(3 Sections 88 to 121 apply, with all necessary modifications, as if-

(a) the application were an application for a resource consent for a discretionary activity; and

(b) the references to a resource consent and to the activity were references only to the change or cancellation of a condition and the effects of the change or cancellation respectively.

(4) For the purposes of determining who is adversely affected by the change or cancellation, the local authority must consider, in particular, every person who--

(a) made a submission on the original application; and

(b) may be affected by the change or cancellation.

This application is therefore a Discretionary activity.

STATUTORY REQUIREMENTS

Resource Management Act 1991 (RMA)

Notification Assessment

It is considered that the effects on the environment would be less than minor as a result of granting the variation. There would be no physical changes to the environment.

Special circumstances do not exist in relation to this application, which would lead to the conclusion that the application should be notified.

No parties are deemed to be adversely affected by the proposed variation. Therefore, the recommendation is that the application is processed on a non-notified basis.

Notification Recommendation

The application need not be publicly notified or limited notified in accordance with sections 95A or 95B of the Resource Management Act 1991.

Hauraki Gulf Marine Park Act 2000

Section 9(4) requires a consent authority, when considering an application for a resource consent for the catchments of the Hauraki Gulf, to have regard to sections 7 and 8 of the Act.

• Recognition of national significance of Hauraki Gulf

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• Management of Hauraki Gulf – objectives to recognize the national significance of the Gulf, its islands and catchments.

The proposed variation to the subdivision will have no adverse effects on the significance of the Hauraki Gulf, or on the relationship of tangata whenua with the Hauraki Gulf.

ASSESSMENT OF THE PROPOSAL

The subdivision application was submitted in 2012 and assessed under the former and current Operative District Plan. Under 8.5.6 of the Current Operative Plan, there is no requirement for the provision of landline telephone connections to lots in the Rural Zone. It is therefore considered reasonable to vary Condition 4 to delete the requirement for a telephone connection.

A consent notice should be imposed, to advise future purchasers of the unavailability of a landline telephone connection.

CONCLUSION

It is considered that the effects on the environment would be less than minor as a result of granting the variation.

A consent notice should be placed on the Computer Freehold Register of the Lot 2 advising future landowners that there is no landline phone connection and that the cost of providing a connection to the boundary of the lot will be at their cost.

RECOMMENDATION

That pursuant to Section 127 of the Resource Management Act 1991, Council agree to amend Condition 4 of resource consent file reference SUBD-201.2012.00000074.001, by deleting it and replacing it with the following:

4. A) That for Lot 1 Council is provided with written confirmation from the relevant supply authority that a new telecommunications connection has been provided to the boundary of the lot or confirmation that the lot has an existing connection

B) That for Lot 2 a consent notice shall be registered on the Computer Freehold Register of Lot 2 pursuant to Section 221 of the Resource Management Act 1991 stating that there is no telecommunication connection (land line) to the lot. If a telecommunication connection (landline) is required, there may be a cost to the landowner in order to provide a connection.

Page 3 Delegated Matters Page 101 01/04/15-01/08/15

Decision Sheet Resource Management Act 1991

Event number: SUBD-201.2012.00000074.001

Decision number: 2015/16 - 10

Applicant: Steve Green Ltd

Document reference: FRED Doc 1389839 Variation to condition 4 of subdivision consent to Subject: subdivide Lot 1 DPS 75570, 38 Hamilton Road, Ngatea into two rural lots.

Decision:

The amended conditions shall read as follows:-

That pursuant to Sections 104 & 104A of the Resource Management Act 1991 the Hauraki District Council grant consent to this non-notified, controlled activity application to subdivide Lot 1 DPS 75570 into two general rural lots located at 38 Hamilton Road, Ngatea on the grounds that:

• The proposed two lot rural subdivision meets the requirements of rule 10.1.5.4.B (f). • The proposed subdivision has no adverse effects on the environment that are more than minor. • The proposed subdivision is not contrary to the Objectives and Policies of the Operative Hauraki District Plan (1997).

Subject to the following conditions:

1) That the subdivision shall be carried out generally in accordance with the scheme plan drawn by Dunwoodie & Green Surveyors Ltd dated December 2011 (Reference 6051), which has been signed and stamped approved.

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Easements

2) That easements shall be placed over any service which crosses one lot to serve another lot.

Power and Telecommunications

3) That Council is provided with written confirmation from the relevant supply authority that a new power connection has been provided to the boundary of each lot or confirmation that the lot has an existing independent supply suitable to service a dwelling.

4) A) That for Lot 1 Council is provided with written confirmation from the relevant supply authority that a new telecommunications connection has been provided to the boundary of the lot or confirmation that the lot has an existing connection

Other

5) That the new boundaries shall be located a minimum of 12.0m from the existing shed on Lot 1. A plan shall be submitted to Council with the application for survey plan approval, showing the location of the shed in relation to the boundaries.

6) That the existing domestic effluent tank and disposal field for Lot 1 be located and shown on a plan. If the effluent tank and disposal field is not located a minimum of 3 metres from the new boundaries then relocation is required. Note: If an effluent disposal system is altered a Building Consent will be required.

Administrative

7) That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the Applicant shall pay Council charges for receiving, processing and granting the Resource Consent.

8) That pursuant to Section 36(1) (c) of the Resource Management Act 1991 the applicant shall pay an administration fee of $95.00 for administration of the consent.

9) That pursuant to Section 36(1) (c) of the Resource Management Act 1991 the applicant shall pay all Council’s costs for monitoring this consent including all costs associated with the consideration and certification of plans and details associated with the consent as appropriate.

Page 5 Delegated Matters Page 103 01/04/15-01/08/15

Advice Notes

Development Contribution Calculation:

• That the subdivider shall pay a total $6,334 plus GST as a capital development contributions for one additional rural Lot, in accordance with the Hauraki DC Development Contributions Policy (1st July 2012).

Community District Water Waste Storm Roading Infra- Libraries Parks Supply water water Structure $1949 $ 569 $ 892 $517 $2,402 Nil $Nil TOTAL $6,334

Vehicle Crossings

• The existing vehicle crossing to Lot 1 should be upgraded to a class C Standard Residential Vehicle Entrance (in Rural and Low Density Zones) as specified in 8.4.3.3(e) of the proposed 2010 District Plan (2010) in accordance with 8.4.3 of the proposed 2010 District Plan and clause 3.11 Hauraki District Council Engineering Manual 2010 - Version 1, under the Hauraki District Council Consolidated Bylaw.

• A vehicle crossing to Lot 2 will be required at the time of building or development on the lot.

General

• Any work undertaken in the road reserve will require a street opening permit and associated traffic management plan. This must be submitted for approval 10 working days prior to the commencement of any works. All enquiries in this regard must be directed to the Technical Services Business Unit Support Officer on 07-862 8609.

• Any drains and culverts shall be designed in accordance with the District Plan standards.

• Any drains and culverts shall be designed in accordance with the District Plan standards. Culvert inverts shall be set 150mm below average drain invert or as directed by Council’s Drainage Overseer. Council approval will be required for the installation of any culvert to be constructed in a Council drain. The invert level of any culvert in a Council drain shall be as directed on site by Council’s Drainage Overseer, Mr Bruce (Goldy) Stephens, who shall be notified 48 hours prior to works being undertaken, and he will inspect the site with the applicant prior to installation. Mr Stephens can be contacted at Council’s office, or on mobile 027 281 6924.

• The proposed lots may be subject to short duration local flooding at times of storm events in excess of the drainage design standard. There is a risk of flooding of the area from flood events in the Waihou River or Firth of Thames in excess of the design standards of the Waihou Valley and Piako River Schemes

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• Any cross water connections should be decommissioned at the time of subdivision, alternatively an easement giving the right to convey water should be created.

Date: 24th July 2015

SIGNED: ______

Page 7 Delegated Matters Page 105 01/04/15-01/08/15

Decision Sheet Resource Management Act 1991

Event number: LUSE-202.2015.00000355.001

Decision number: 2015/16 - 13

Applicant: Dingwall Trust

Document reference: FRED Doc 1390736 To erect two accommodation buildings and a 3-bay garage in the Coastal Zone at 1712-1722 East Coast Road, Kaiaua, and legally described as Lot 1 DP Subject: 154348.

Decision:

That pursuant to Sections 104, 104B and 104D of the Resource Management Act 1991, the Hauraki District Council grants consent to this non-notified, non-complying activity application to erect two accommodation buildings and a 3-bay garage in the Coastal Zone at 1712-1722 East Coast Road, Kaiaua, and legally described as Lot 1 DP 154348, on the grounds that:

• With appropriate conditions of consent in place the adverse environmental effects of this proposal will be no more than minor.

• Written approvals have been provided from all adversely affected persons.

• The proposal would be consistent with the objectives and policies of the Operative Franklin Section of the Hauraki District Council District Plan (2000).

• The proposal would be consistent with the purpose of the Resource Management Act 1991, as it would allow the Dingwall Trust to continue providing for the social and cultural well-being of the school children and community groups that visit the property, while preserving the natural character of the coastal environment, and avoiding, remedying or mitigating any adverse effects on the environment.

• The proposal would not be contrary to the Hauraki Gulf Marine Park Act 2000.

• The proposal would be consistent with the objectives and policies of the New Zealand Coastal Policy Statement.

Delegated Matters Page 106 01/04/15-01/08/15

Subject to the following conditions:

General

1) That the activity shall be carried out generally in accordance with the information and plans submitted with resource consent application RC-200.2015.00000355.001, including the application form and attached information received on 19th February 2015, the further information received on 21st April 2015 and 6th May 2015, and the following plans which have been signed and stamped approved: • The Bulk & Location Plan drawn by G J Gardner, Sheet 101 Revision C dated 23rd March 2015, • Elevations 1 & 2 Plans drawn by G J Gardner, Sheets 201 & 202 Revision A dated 16th September 2014, • Ground Floor Plan drawn by G J Gardner, Sheet 301 Revision A dated 16th September 2014, • Garage Elevations Plan drawn by G J Gardner, Sheet 203 dated 23rd March 2015, • Landscape Planting Plan drawn by Opus, Sheet No. 03 dated 28th January 2015,

Except as amended by the following conditions:

Order of Construction

2) Cottage 2 shall not be constructed prior to Cottage 1.

Note: Cottage 2 may be constructed either following construction of Cottage 1 or at the same time as Cottage 1.

Colour Scheme

3) That, prior to the commencement of construction, details of the proposed colours of all exterior building materials shall be submitted to the Planning and Environmental Services Manager for approval. This shall include the colours for the subfloor cladding, wall cladding, roof, window frames, doors (including garage doors), guttering and downpipes. The colour scheme shall reflect the natural colours of the coastal environment.

Effluent Disposal Area

4) That no part of the effluent disposal area shall be located within 30m of the Waihihi Stream.

Demolition/Conversion of Buildings

5) That, within 6 months of the completion of Cottage 1, all buildings and structures shown to be removed on the Bulk & Location Plan, shall be demolished and/or removed from the site.

6) That, within 3 months of the completion of Cottage 1, the existing two storey dormitory building shall be converted for storage use, following which, at no time shall it be used for accommodation purposes. Delegated Matters Page 107 01/04/15-01/08/15

Earthworks

7) That, prior to the commencement of any earthworks or construction, the consent holder shall submit an Erosion and Sediment Management Plan to the Planning and Environmental Manager for approval. This shall meet the requirements of Environment Waikato as described in “Erosion and Sediment Control - Guidelines for Soil Disturbing Activities, January 2009” to mitigate dust, sedimentation and erosion. The consent holder shall install appropriate silt retention devices, as necessary over the duration of the entire earthworks phase. These shall be installed prior to any earthworks, maintained regularly and dismantled/removed once all bare ground surfaces have been stabilised by vegetation.

Archaeology

8) For any excavations deeper than 0.5m, the applicant shall arrange for a representative of Ngati Whanaunga to be present on site.

Note: Please contact Kahumangu Rawiri of Ngati Whanaunga on 021 0220 8468.

9) Any accidental discoveries of archaeological sites by the consent holder or contractors shall follow the procedure below:

a) Work shall cease immediately at that place. b) The contractor must shut down all machinery, secure the area and advise the Site Manager. c) The Site Manager shall notify the Project Archaeologist (if relevant), the Heritage New Zealand Regional Archaeologist (if no authority has been granted) and if necessary the appropriate consent process shall be initiated. d) If the site is of Maori origin the Site Manager shall also contact Kahumangu Rawiri of Ngati Whanaunga on 021 0220 8468 to determine what further actions are appropriate to safeguard the site or its contents. e) If skeletal remains are uncovered the Site Manager shall advise the Police. f) Works affecting the archaeological site shall not resume until Heritage New Zealand, the Police (if skeletal remains are involved) and iwi groups have each given the appropriate approval for work to continue.

Access

10) That the existing paddock entrance servicing the proposed access and parking area located between Cottages 1 and 2 shall be upgraded to a Standard Rural Property Entrance (residential use). This shall be in accordance with Diagram R29 as specified in the Franklin District Council’s Code of Practice for Subdivision.

Landscaping

11) That the landscape planting shown on the Landscape Planting Plan drawn by Opus, Sheet No. 03 dated 28th January 2015 shall be undertaken within the first planting season following the completion of Cottage 2. The planting shall be undertaken and maintained in accordance with the ‘Planting Specification’ set out on the Landscape Planting Plan.

12) That pursuant to sections 108(2)(b) and 108A of the Resource Management Act 1991, the consent holder shall enter into a bond agreement in favour of Council in respect of Delegated Matters Page 108 01/04/15-01/08/15

the landscape planting required by Condition 11, prior to construction of Cottage 2 commencing. The value of the bond is to be $6000. The bond will contain such further or other terms as the Council may reasonably require.

13) Any plants that die within the first 3 years of planting shall be replaced in accordance with the details shown on the Landscape Planting Plan.

14) Photo points shall be provided to Council following the initial planting and then annually for the next 3 years to show the planting and weed control works that have been undertaken.

Monitoring

15) That pursuant to Section 36(1)(b) of the Resource Management Act 1991, the applicant shall pay Hauraki District Council charges for receiving, processing and granting the Resource Consent.

ADVICE NOTES

• The main entrance located near the southern boundary of the property should be upgraded to the requirements of a Private Access for Heavy Vehicles in accordance with Diagram R31 as specified in the Franklin District Council’s Code of Practice for Subdivision.

• A Corridor Access Request must be submitted for any work undertaken in the road reserve. This must be submitted for approval 10 working days prior to the commencement of any works, this should be done through www.beforeudig.co.nz. All enquires in this regard must be directed to the Technical Services Business Unit Support Officer on 07-8628609.

• 24 Hours notice must be given for any engineering inspections that are required to be undertaken during engineering works. All requests in this regard must be directed to the Development Engineer on 07-862 5609. The following site inspections are required: - Installation of the erosion and sedimentation devices, - Entrance pre-pour/seal set out.

• That all internal drainage works and wastewater disposal upgrade treatments are to be undertaken under a Building Consent. Delegated Matters Page 109 01/04/15-01/08/15

• The effluent disposal system will be required to be designed by a Chartered Professional Engineer in accordance with the Waikato Regional Council rules at the time of Building Consent.

Date: 24th July 2015

Signed: ______

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Decision Sheet Resource Management Act 1991

Event number: LUSE-202.2015.00000340.001

Decision number: 2015/16 - 14

Applicant: China Forestry Group New Zealand Limited

Document reference: FRED Doc 1396080 Objection to condition 2(a)(ii) of landuse consent ) to destroy, damage and/or modify approximately 13.9ha of indigenous vegetation contained within Significant Natural Areas S13UP 49, 50, 51 & 52 as a result of road construction and harvesting (as defined in the Subject: application), located within Patetonga Forest.

Decision:

That pursuant to Section 357D of the Resource Management Act 1991 the Hauraki District Council upholds the objection to condition 2(a)(ii) of land use consent (LUSE- 202.2015.00000340.001) to destroy, damage and/or modify approximately 13.9ha of indigenous vegetation contained within Significant Natural Areas S13UP 49, 50, 51 & 52 as a result of road construction and harvesting (as defined in the application), located within Patetonga Forest, Mangawara and Waikaka Roads, Patetonga, legally described as SEC 2 BLK IV SD Hapuakohe Survey District, PLT 1 SEC 1 BLK IV SD Hapuakohe Survey District, PLT 1 SEC 5 BLK I SD Waitoa Survey District, SEC 8 BLK XVI SD Piako Survey District, SEC 5 BLK IV SD Hapuakohe Survey District, SEC 22 BLK IV SD Hapuakohe Survey District, SEC 21 BLK IV SD Hapuakohe Survey District, PSC 4 BLK IV SD Hapuakohe Survey District, for the following reasons: , • The amended condition meets the purpose of the Kessels Ecology Ltd report, and refers to the potential for damage to occur to native vegetation in the gully floor.

The amended consent conditions shall read as follows:

Subject to the following conditions:

Delegated Matters Page 111 01/04/15-01/08/15

(i) That trees located adjacent to the Significant Natural Areas shall be direct felled away from the indigenous vegetation and/or riparian margins, unless it is unsafe to do so.

(ii) That for Area 1, as shown on the map by Kessels Ecology, a static skyline shall be used and payloads shall be kept light (one tree at a time) to ensure safe tension is maintained to achieve maximum possible butt suspension of payloads when pulling across the gully in Area 1 so as to minimise damage to native vegetation in the gully floor.

ADVICE NOTES

• Additional tracks should be constructed in Summer.

• When replanting of the pine forest is undertaken:

 The edges of the Significant Natural Areas (as identified on the District Plan maps) must not be encroached upon.

 It is recommended that the applicant consider rationalising the boundaries of the pine forest adjoining Significant Natural Areas to assist future ease of maintenance and harvesting, and to minimise impacts on native vegetation. This may require small areas of the existing plantation that are difficult to harvest, to be retired. Any proposal to amend the existing boundaries of the Significant Natural Areas would require a resource consent application, supported by a qualified Ecologists Report.

• This resource consent does not negate the need to apply for resource consent under any relevant Waikato Regional Council rules.

• Any accidental discoveries of archaeological sites by the consent holder or contractors shall follow the procedure below:

 Works affecting the archaeological site shall not resume until the Heritage New Zealand, the Police (if skeletal remains are involved) and iwi groups have each given the appropriate approval for work to continue

Date: 29th July 2015

SIGNED: