MEETING HELD ON REGULATORY MANAGEMENT THURSDAY 14 FEBRUARY 2008 COMMITTEE
MINUTES of an ordinary meeting of the Regulatory Management Committee, held in the Council Chambers, 175 Rimu Road, Paraparaumu, on Thursday 14 February 2008 commencing at 9.00 am. PRESENT: Cr
(Chair, Paraparaumu/Raumati Community Board)
The Chair welcomed the members of the Committee, Community Board Chairs, media, public and staff to the meeting of the Regulatory Management Committee. RMC 8/02/1 APOLOGIES
There were no apologies. RMC 8/02/2 30 MINUTES PUBLIC SPEAKING TIME
Lynette Hanns spoke to the Committee about the frontage on the main highway. The area needs consultation with the district.
George Jenkins spoke to the Committee as Chair of the Te Ngarara and the representative of descendants of the landowners of the Airport land. There appears to be some confusion within the community in regards to where Iwi stands in support of this matter. The Kaumatua had written a letter pledging support. Council understands that support is to the descendants. Mr Jenkins had a proposal to put before the Committee:
MEETING HELD ON REGULATORY MANAGEMENT THURSDAY 14 FEBRUARY 2008 COMMITTEE
have a say on how the development proceeds
Council represent community interest in partnership
Adrian Webster spoke to the Committee in regards to Resource Management Act Commissioner training and also asked if the Airport Plan Change hearing has been adjourned or is it still open?
Stephen Welch from On Yer Bike spoke to the Committee as a neighbour to the Pak’n’Save recycling station. He informed the Committee that the station is an eyesore and the litter cannot be controlled everywhere.
Public Speaking Time / Oral Submissions These replies are in order of public speakers above. 1.
The Committee noted the concerns regarding the beautification and town centre issues and advised Ms Hanns that these will be forwarded to staff when considering town centre projects.
Councillor Scott asked Mr Jenkins if negotiations were continuing with Noel Robinson. Mr Jenkins replied that ideas are continuing to be discussed with major interested parties. Councillor Mcintyre asked a question in relation to a media station in the Kapiti News on 21 November and asked if justice was any closer to being achieved. Mr Jenkins advised the Committee that the opportunity was being lost and that a meeting needed to be held. Mayor Rowan advised the Committee that the Acting Chief Executive and herself are having a meeting with Darren Hughes next week and would get back to Mr Jenkins with the outcome of that meeting.
The Acting Chief Executive advised Mr Webster that the hearing was adjourned at the end of the process and that the experts had been asked to consider the baseline traffic numbers. Councillor Mcintyre said there was a community concern re the traffic development and why the information on traffic modelling had not been released. The Acting Chief Executive advised the Committee that the information can be released.
Councillor Daniels asked if the rubbish flying was caused by trucks collecting the rubbish or people carrying their rubbish to the recycling station. Mr Welch replied that a substantial amount was strewn about when the truck has its arms in the air and the extension/height of the arms. Mr Welch told the Committee that the recycling station could look good one day but maybe not the next.
RESOLVED (Wooding/Ammundsen) That Councillor Ellis be granted leave of absence on Friday 14 March 2008. CARRIED. MEETING HELD ON REGULATORY MANAGEMENT THURSDAY 14 FEBRUARY 2008 COMMITTEE
Matters of an Urgent Nature There were no matters of an urgent nature. RMC 8/02/4 MINUTES
RESOLVED (Chapman/Wooding) That the minutes of the meeting held 30 August 2007, be adopted and accepted as a true and correct record. CARRIED. Matters Arising Councillor Daniels raised the issue of parking restrictions outside Raumati Beach School on page 19 of the agenda and advised the Committee that staff of the school were indeed parking there. Matters Under Action 1.
The Road Safety Co-ordinator updated the Committee on road safety matters:
Bike week, 23 February to 2 March. This is a National Campaign promoting biking as a fun and healthy means of transport.
On the 27 February there is Bike to Work/School Day and the Council is holding a breakfast outside the Council Building from 7am. Of course you are all welcome. The Otaki and Paraparaumu Police are doing checks on helmet wearing. The Mayor is attending two Mayoral Challenges; one is Wellington and one in conjunction with Wheels beside the Water on the 30 March.
Current Campaign - Land Transport, Police and Council are running a campaign from the February (start of school term) "NO TOLERANCE FOR SPEED AROUND SCHOOL'S”. Police will be parked outside schools reinforce this message.
School Travel Plan – We successfully launched a Walking School Bus last year with Paraparaumu Beach School – Thank you to those of you that made this day such a success. We are going to be launching a new Walking School Bus for Kena Kena School hopefully in the week of Feetfirst (which is a national programme encouraging children to walk to school). This is held the week from the 3 March to the 7 March.
Safe with Age Courses - These are beginning again from the 14 February. We are also looking in having more courses in Otaki.
MEETING HELD ON REGULATORY MANAGEMENT THURSDAY 14 FEBRUARY 2008 COMMITTEE
The annual Car Sprints are going to be held on the 24th February at Paraparaumu Airport. This is a real Community Event which is supported by the local Police, Fire Department and St John. I have asked ACC to join me to do a display on fatigue.
Councillor Mcintyre asked the Road Safety Co-ordinator how is the monitoring of the shift from driving to walking being done. She replied that a parent from the Paraparaumu Beach School is now solely looking after the walking bus. John Haxton asked if there has been any resistance. The Road Safety Co-ordinator replied that pupils from the school enjoy walking, scooting, skipping to school.
The Principal Planner, Subdivisions updated the Committee on appeals.
Court of Appeal Action: Forest and Bird v Kapiti Coast District Council and Kotuku Parks
Limited – Kotuku Parks stage 4 (10 lots) file RM040211. The challenge was to the decision to grant consent on a non notified basis. High Court has heard this and decided in Council’s favour although Justice France said that the “matter was finely balanced”. Costs were awarded in Council’s favour at 30% of standard rate. Forest and Bird have now filed an action with the Court of Appeal.
Environment Court:
40 Moana Street, Otaki (Seagrass Estates Limited) – appeal with respect to the quantum of Reserves Contribution imposed on a subdivision of 52 allotments. File: RM070060. This proposal was subject to an objection hearing and it is the outcome of the objection hearing that has been appealed.
25-31 Awatea Ave, Paraparaumu (Sunlands Limited) – appeal with respect to the imposition of a reserve contribution on a development of 47 dwelling units. File: RM060350.
Hearings/Notifieds:
182 Te Hapua Road (K R L Developments) – file: RM050298 – Notified application for 12 Lots in 2 hamlets – decision to refuse consent now issued following a hearing in December 2007.
Kakariki Grove (Kapiti Views Trust) – file: RM070267 – 4 lot subdivision and associated earthworks – hearing held on 17 January. Awaiting decision by Commissioners.
331 Valley Road (Transpower) – file: RM070156 – extension to existing pole to avoid trimming of heritage tree to safely accommodate existing Transpower lines – submissions closed 12 November 2007. Application is suspended at applicant’s request – consultation is ongoing with landowners and affected parties to find acceptable solutions.
394 Te Moana Road, Waikanae (Fleetwood Holdings) – file: RM070345. – 7 additional units as part of an existing retirement complex and associated works. Limited notified – submissions closed 25-01-08 with 3 received. Hearing scheduled for 27 February.
MEETING HELD ON REGULATORY MANAGEMENT THURSDAY 14 FEBRUARY 2008 COMMITTEE
47 Te Roto Road, Otaki (R J Ker Contracting) – file:RM070281 – 28 double units plus managers residence on rural zoned land (part Otaki Racecourse). Submissions closed 13-12-07 with 26 submissions received. Application is still suspended at applicant’s request.
249 Peka Peka Road, Peka Peka (Graeme Wallace) – file: RM070249 – application for a third dwelling unit on a rural property. Decision made to notify but application now suspended at applicant’s request.
Derham Road, Te Horo (Pritchard Group) – file: RM080012 – change in conditions relating to Rights of Way. Submissions close 3 March.
Retrospective Earthworks Consent at end of Petrel Close, Kotuku Park (Kotuku Parks Limited) file: RM070367 – notice served on the one affected party 12 February 2008, submissions close 14 March.
RMC 8/02/5 REPORTS RECEIVED RESOLVED (Chapman/Ellis) All reports are received for discussion. CARRIED.
The Building, Resource Monitoring Manager explained the background and process for the exemptions of swimming pools fences. Councillor Chapman left the meeting at 9.50am and returned at 9.52am
RMC 8/02/6 APPLICATION FOR EXEMPTION UNDER SECTION 6 OF THE FENCING OF SWIMMING POOLS ACT 1987 – 29A RATANUI ROAD PARAPARAUMU (MAS-08-122) The Compliance Officer spoke to report MAS-08-122 which considered an application lodged on behalf of Ross and Moira Titchener of 29A Ratanui Road, Paraparaumu for an exemption under Section 6 of the Fencing of Swimming Pools Act 1987 (the Act) in respect to clause 11 of the Schedule to the Act and advise that the Portable Spa Pool be fenced to comply. RESOLVED (Ellis/Chapman) That the Committee approve the application for exemption under Section 6 of the Fencing of Swimming Pools Act 1987 for a Portable Spa Pool at 29A Ratanui Road, Paraparaumu in respect to clause 11 of the Schedule to the Act, subject to the following conditions (as agreed ) being maintained: MEETING HELD ON REGULATORY MANAGEMENT THURSDAY 14 FEBRUARY 2008 COMMITTEE The pool has a height of 760mm or greater above ground or deck level and no objects are positioned so as to allow a young child to climb onto the cover; and The property has suitable barriers in place to prevent a child up to the age of six years gaining access from outside the property; and The lockable spa cover meets the set criteria as stated below: o The cover is lockable and able to be kept locked when the pool is not being used or supervised; The locks cannot be opened or released by a child up to the age of six years; The cover cannot be lifted more than 100mm above the top of the spa, when locked in place; The cover must be made of material that can withstand the weight of at least 60 kgs to ensure that it will more than take the weight of a child up to six years; The cover must be constructed of suitable material so that the water will not pond on top of it; The cover and locks must be maintained in a good state of repair; That suitable warning stickers/signs be placed on the cover to advise that it must be locked in place when the pool is not being used or supervised, (Council to supply). CARRIED.
RMC 8/02/7 APPLICATION FOR EXEMPTION UNDER SECTION 6 OF THE FENCING OF SWIMMING POOLS ACT 1987 – 89 THE ESPLANADE RAUMATI SOUTH (MAS-08-121) The Compliance Officer spoke to report MAS-08-121 which considered an application lodged on behalf of John Borthwick of 89 The Esplanade, Raumati South for an exemption under Section 6 of the Fencing of Swimming Pools Act 1987 (the Act) in respect to clause 11 of the Schedule to the Act and advise that the Portable Spa Pool be fenced to comply RESOLVED (Chapman/Daniels) That the Committee approve the application for exemption under Section 6 of the Fencing of Swimming Pools Act 1987 for a Portable Spa Pool at 89 The Esplanade, Raumati South in respect to clause 11 of the Schedule to the Act, subject to the following conditions (as agreed ) being maintained: • The pool has a height of 760mm or greater above ground or deck level and no objects are positioned so as to allow a young child to climb onto the cover; and The property has suitable barriers in place to prevent a child up to the age of six years gaining access from outside the property; and The lockable spa cover meets the set criteria as stated below: o The cover is lockable and able to be kept locked when the pool is not being used or supervised; The locks cannot be opened or released by a child up to the age of six years; The cover cannot be lifted more than 100mm above the top of the spa, when locked in place; MEETING HELD ON REGULATORY MANAGEMENT THURSDAY 14 FEBRUARY 2008 COMMITTEE The cover must be made of material that can withstand the weight of at least 60 kgs to ensure that it will more than take the weight of a child up to six years; The cover must be constructed of suitable material so that the water will not pond on top of it; The cover and locks must be maintained in a good state of repair; That suitable warning stickers/signs be placed on the cover to advise that it must be locked in place when the pool is not being used or supervised, (Council to supply). CARRIED. RESOLVED (Ammundsen/Chapman) That the following two items lie on the table until the next meeting on 27 March 2008.
• Application for Exemption under Section 6 of the Fencing of Swimming Pools Act 1987 – 61 Kotare Street Waikanae (MAS-08-123)
• Application for Exemption under Section 6 of the Fencing of Swimming Pools Act 1987 – 28 Freyberg Crescent Waikanae (MAS-08-124) CARRIED. The Building, Resource Monitoring Manager introduced new staff members to the Committee. The meeting adjourned for morning tea at 10.15am and resumed at 10.35am Councillor Chapman left the meeting at 10.15am and returned at 12.15pm RMC 8/02/8 PRESENTATION – ECO DESIGN ADVICE AND STAFF INTRODUCTIONS The Eco Design Advisor gave a presentation to the Committee on what his role is in the Kapiti Coast District Council. Councillor Wooding informed the Committee that she has used the service that the Eco Design Advisor provides and would recommend it. Councillor Patton queried whether underfloor insulation could be used in a raised floor house. The Eco Design Advisor advised that he would make a time to come and view her house. Mayor Rowan informed the Committee that a Council in Melbourne was giving gadgets out and would endeavour to find out a little more. Mayor Rowan left the meeting at 10.50am and returned at 10.51 am Councillor Mcintyre asked what use had been made of the service provided. The Eco Design Advisor said that up to 40 clients had used the service since starting three weeks prior to Xmas. MEETING HELD ON REGULATORY MANAGEMENT THURSDAY 14 FEBRUARY 2008 COMMITTEE RMC 8/02/9 DRAFT DOG BYLAW (MSP-08-107) The Strategic Policy Analyst spoke to report MSP-08-107 which discusses the options available for the management of dogs within the District, and requests approval of the Statement of Proposal prior to initiating the special consultative procedure to repeal the current Kapiti Coast District Council Dog Bylaw 1997 and adopt the Kapiti Coast District Council Dog Bylaw 2008. Mayor Rowan left the meeting at 11.35am and returned at 11.36am RESOLVED (Wooding/Molineux) That the Committee recommends that Council send to Community Boards, the draft Statement of Proposal, Summary of Information and proposed amendments to the Kapiti Coast District Council Dog Bylaw for community consultation. CARRIED. Mayor Rowan left the meeting at 11.44am RMC 8/02/10 PLAN CHANGE 63 ‘TASMAN LAKES’ MEDIATION DRAFT CONSENT ORDER (MSP-08- 113) The Urban Planner spoke to report MSP-08-113 which sought to consider the draft consent order prepared by the other parties to the appeal. RESOLVED (Jack/Scott) That the Committee adopts the recommended changes to Plan change 63 wording and structure plan (attachments 1 and 3 to this report) as outlined in the Draft Consent Order attached as attachment 2. CARRIED. RESOLVED (Jack/Scott) That the Committee notes that the Draft Consent Order has been prepared to go forward to the Environment Court for consideration. CARRIED.
RMC 8/02/11 INDICATIVE FORWARD WORK PROGRAMME The Sustainable Development Manager spoke to the work programme provided to the Committee which outlines work which will be done over the next year. The programme raised some questions within the Committee. Mr Webster asked if the District Plan review could be brought forward. The Urban Planner advised that the review has been brought forward, from 2009 to this year.
MEETING HELD ON REGULATORY MANAGEMENT THURSDAY 14 FEBRUARY 2008 COMMITTEE
Councillor Patton queried whether there was an option of refusing anymore plan changes until the review had taken place. She was advised that this could not happen. Mr Haxton asked how soon the District Plan review would take place. The Urban Planner advised that the review would start in September 2008, 11 months ahead of schedule. The meeting closed at 12.15pm
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