Ordinary Meeting

of the

Judicial Committee

 

 

Date                                   5 September 2014

Time                                   09:00

Venue                      Council Chamber
                                           515 Mackay Street
                                           Thames

 

 

Members

Chairperson                   MK McLean JP

Members                         PA Brljevich

                                           LA Fox

                                           D Connors

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Marion Smith

Community Environment Manager

COMMUNITY ENVIRONMENT GROUP


Members of Judicial Committee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Full order paper and appendices are available on the TCDC website:
www.tcdc.govt.nz/Council/Meetings-and-Minutes/Committees

 

 


Table of Contents

Item Business                                                                                                              Page No.

1          Meeting Conduct 4

1.1      Apologies  4

1.2      Public Forum   4

1.3      Items not on the Agenda  4

1.4      Conflict of Interest 4

1.5      25 July 2014 - Judicial Committee Minutes for Confirmation  5

2          Development Contributions  18

2.1      Development Contributions - Exemptions and Waivers for period January 2014-June 2014  18

2.2      RMA20140133 - special assessment of development contributions on campground - 790A Hot Water Beach Road  20

3          Planning Group Reports  36

3.1      Planning Group Report July 2014  36

3.2      September 2014 - Judicial Committee Action Schedule  40

4          Regulatory Group Reports  42

4.1      July 2014 - Community Environment Group Monthly Report 42

4.2      July 2014 Building Controls Report 56

4.3      Parking and Loading Situation - Umu Cafe - 22 Wharf Road Coromandel 61

5          Members Report 76

6          Public Excluded  77

 


1      Meeting Conduct

In accordance with the Local Authorities (Members' Interests) Act 1968, members are reminded to declare an interest in items in which they have a direct or indirect pecuniary interest. In such circumstances, members are required to abstain from discussion and voting and ensure that the declaration is recorded in the Minutes of the meeting.

1.1     Apologies

The Chairperson invites notice from members of:

 

1.       Leave of absence for future meetings of the Judicial Committee; or

2.       Apologies, including apologies for lateness and early departure from the meeting, where leave of absence has not previously been granted.

1.2     Public Forum

A period of up to 30 minutes is set aside for the public to raise matters falling within the terms of reference of the meeting.  Each speaker may speak for three minutes but time extensions may be allowed on a vote of not less than 75% of members present at the meeting.  Questions from members for information or clarification may be permitted by the Chairperson (Standing Orders Appendix F).

 

1.3     Items not on the Agenda

The Chairperson will give notice of items not on the agenda as follows:

Matters Requiring Urgent Attention as Determined by Resolution of the Judicial Committee

1.       The reason why the item is not on the agenda; and

2.       The reason why discussion of the item cannot be delayed until a subsequent meeting.

Minor Matters relating to the General Business of the Judicial Committee

No resolution, decision, or recommendation may be made in respect of the item except to refer it to a subsequent meeting of the Judicial Committee for further discussion.

1.4     Conflict of Interest

The Chairperson invites notice from members of:

 

1.       Any interests that may create a conflict with their role as an elected member relating to the agenda item(s) for the meeting; and

2.       Any interests in items in which they have a direct or indirect pecuniary interest as provided for in the Local Authorities (Members’ Interests) Act 1968.


 

1.5     25 July 2014 - Judicial Committee Minutes for Confirmation

Memo Information

 

1       Purpose of Report

As per Council's Standing Orders, the Judicial Committee must confirm the Minutes of its previous meeting.

 

2       Suggested Resolution(s)

That the Judicial Committee:

1.      Receives the report.

2.      Confirms the following Judicial Committee Minutes:

25 July 2014 - Judicial Committee Minutes

 

 

3       References-Tabled/Agenda Attachments

Attachment A    25 July 2014 - Judicial Committee Minutes for Confirmation


Attachment A


 

2      Development Contributions

2.1     Development Contributions - Exemptions and Waivers for period January 2014-June 2014

TO                                 Judicial Committee

FROM                           Vanessa Cooling - Financial Policy Analyst

DATE                             25 July 2014

SUBJECT                       Waivers and Reductions of Development Contributions January–June 2014

 

 

1       Purpose of Report

This report provides a summary of waivers and reductions of development contributions granted from 1 January 2014 to 30 June 2014 for the Committee's information.

 

2       Background

Part 3.9 of the Development Contributions Policy provides for the Council to grant reductions or waivers of development contributions where the works proposed will not increase demand on Council service infrastructure or will reduce the need for the Council to carry out works or purchase land, or where the Council considers 'there is a fair and reasonable justification for doing so and this results in a significant public benefit'.

 

Waivers granted on the grounds that works do not increase demand on Council infrastructure do not need to be funded from elsewhere, as in granting the waiver on this basis the Council has effectively determined that there is no cost to recover. Waivers granted in special circumstances, such as public benefit, do require alternative funding. In these cases, while the activity does generate a demand on infrastructure, in granting a waiver the Council has determined that the applicant need not pay the costs their activity incurs. In these instances, the Council must determine which activity should fund the contributions in place of the applicant.

 

Waivers may be granted by the Judicial Committee or by the Chief Executive under delegated authority.

 

3       Discussion

Waivers or reductions of development contributions for the period January–June 2014 are summarised below.

 


 

 

Waivers based on nil demand

Consent

Date of waiver

DCs assessed incl. GST

DCs waived

Comment

Waived by

ABA/2013/920

F W Bedford

15/1/2014

$1,012.90

$1,012.90

Farm Building - New Steel Farm Storage Shed - negligible demand on Councils infrastructure

 

CE

ABA/2014/52

R J Goodwin

24/2/14

$480.48

$480.48

Farm Building - New Goldpine Kitset Shed - negligible demand on Councils infrastructure

 

CE

ABA2014/153

GW & JM Smith Ltd

26/03/2014

$9,376.09

$9,376.09

Farm Building - Dairy effluent storage tank - negligible demand on Councils infrastructure

CE

ABA2014/167

Rodney Millen Holdings Ltd

07/04/2014

$562.72

562.72

New Kiwi Span Shed- for equipment storing

CE

ABA2014/279

W Gee

15/05/2014

$189.92

189.92

New Farm Pole Shed

CE

RMA2013/249

Whangamata Marina

21/05/2014

$160,897.90

$160,897.90

Overnight parking for 11 self-contained motorhomes - no demand for water or wastewater as sites will not be occupied over peak times. Contributions on other services waived also.

Judicial Committee

ABA2014/352

Mr R Clark

22/05/2014

$162.46

$162.46

Addition of  fourth bay to existing three bay shed for boat.

CE

 

 

Waivers requiring alternative funding

Nil this period.

 

4       Suggested Resolution(s)

That the Judicial Committee:

1.      Receives the report.

 


 

2.2     RMA20140133 - special assessment of development contributions on campground - 790A Hot Water Beach Road

TO                                 Judicial Committee

FROM                           Vanessa CoolingFinancial Policy Analyst

DATE                             13 August 2014

SUBJECT                       RMA/2014/133 – Special Assessment for Development Contributions – Top 10 Holiday Park, 790A Hot Water Beach Road, Hot Water Beach

 

 

1       Purpose of Report

To determine the development contributions required on a campground development at 790A Hot Water Beach Road, Hot Water Beach using a special assessment.

 

2       Background

The Development Contributions Policy effective from 1 July 2012 requires contributions on campground developments to be determined using a special assessment. On 28 February 2013 the Judicial Committee approved a template for the assessment of campgrounds. This compares campground accommodation such as cabins and tent sites with private dwellings and includes adjustments relating to occupancy, guest numbers and water/wastewater usage adjustments to recognise differences in demand on infrastructure generated by campground accommodation compared with private dwellings.

 

Special assessments are currently presented to the Judicial Committee for approval as the template has not yet been approved by the Council. Note, however, that staff are working on a proposal to incorporate the special assessment provisions into the Development Contributions Policy.

 

3       Issue

On 28 July 2014, land use consent RMA/2014/133 (Attachment A) was granted for three new unserviced cabins at the Top Ten Holiday Park at 790A Hot Water Beach Road. The development has been assessed in accordance with the approved template which shows that contributions of $5,280.91 plus GST are payable.

 

4       Discussion

The attached assessment (Attachment B) shows the contributions calculated as per the template for three cabins. The cabins are assessed at 0.39 units of demand each for all applicable services. This reflects the expectation that the cabins will not be fully occupied year round, but are likely to have similar occupancy rates as motels. The site is outside the area of benefit for water, wastewater and stormwater, and therefore no contributions are payable for these services. Further, as the site is in a rural zone, no reserves contributions are payable.

 

 

5       Suggested Resolution(s)

That the Judicial Committee:

 

1.   Receives the report.

2.   Determines that development contributions of $5,280.91 plus GST are payable based on the special assessment provided with this report.

 

 

Attachments

Attachment A              Land Use Consent RMA/2014/133 – Top Ten Holiday Park, 790A Hot Water Beach Road

Attachment B              Special Assessment for Development Contributions – Top Ten Holiday Park, 790A Hot Water Beach Road


 

Attachment A

Attachment B


3      Planning Group Reports

3.1     Planning Group Report July 2014

TO                                Judicial Committee

FROM                           Michael Jones - Development Planning Manager

DATE                           5 September 2014

SUBJECT                    July 2014 - Planning Group Monthly Report

 

 

1       Purpose of Report

This paper reports on key activities within the Planning Group for the past month. It also provides an update of those activities since the previous report to the Committee.

 

2       Significant Planning Issues

 

RMA2013/289 - Land Use consent for Service Industrial and Commercial Activities  at 879 Hikuai Settlement Road

A decision has been made to limited notify this application. At this stage the application is on hold awaiting the applicant's payment of the notification fee.

 

RMA2013/207 - Land use consent to establish a restaurant - 15 Cathedral Court , Hahei

The application seeks to establish and operate a restaurant from the existing dwelling. The restaurant will provide seating for up to 40 persons, include a bar, kitchen, two unisex toilets and a storage area in the garage.

 

Council have received a number of letters opposing the proposed development from residents in the area.  

 

The case officer has assessed the potential adverse effects of the proposal and determined that the proposal has potential adverse effects in terms of traffic, parking, character and amenity. A decision has been made to limited notify the owners and occupiers of 17 properties within the vicinity of the subject property.

 

RMA/2013/275 - Creation of 1 Conservation Lot and a Boundary Relocation with three new dwellings as a controlled activity - Te Pungapunga Station - Te Punga Road, Whangapoua

This proposal is for a combined subdivision and land use application creating a 3.13ha conservation lot and boundary relocation between two existing titles and the application for three new dwellings on each lot at Te Pungapunga Station above New Chums Beach.  The application is still on hold awaiting further information in relation to the landscape and visual assessment and access issues. 

 

At this stage the application is still on hold and the landowners are in discussions as to whether or not they proceed with this application or submit and amended subdivision proposal. 

 


 

 

We have also had some separate discussions with one of the landowners around a separate subdivision application but this is yet to be submitted. Two further subdivision and land use consents are proposed by the applicant for the construction of five dwellings on lots created in a previous subdivision application on the Whangapoua side of the property generally in the vicinity of the existing wool shed and other existing residential dwellings by the mouth of the Te Punga stream.  In addition a further subdivision/land use application is proposed for 3 additional conservation lots with new dwellings on each lot in this vicinity of the site.  These applications have not yet been formally received by Council as the applicant is currently in the process of completing their previous subdivision application. 
The applicant is also proposing a variation to the original 5 lot subdivision application RMA/2001/30 and proposes that a number of the 224 C conditions become consent notice conditions. 

 

RMA2013/279 - Land Use Consent for Demolition of existing building and construction and use of a new dwelling in the Heritage Policy Area - 110 Martha Street, Thames

Consent was granted by the Judicial Committee on the 29th July 2014.  To date no appeal has been received to the decision.

 

SUB/2014/26 - 10 Lot Subdivision in the Rural Zone at 2869 SH25, Whangamata

An application has been received for a 10 lot subdivision next to the Whangamata Golf Course.  Further information has been requested regarding traffic and access, servicing and flooding matters. This application is still on hold.

 

RMA20140125 - Brophys Beach Reserve Erosion Protection Seawall

This application has been lodged by the Thames-Coromandel District Council (TCDC) on the 27th June 2014. The application also requires consent from the Waikato Regional Council. The Waikato Regional Council has publicly notified their component of the consent, with the submission period due to close on Friday 22nd of August. To date, two submissions have been received, one in opposition and one in support.  The TCDC component of the consent is proceeding on a non-notified basis, as per the decision by an Independent Commissioner.

 

RMA2013/115 - Land use consent for a truck refuelling facility at 6 Queen Street , Kopu

Application had been on hold due to limited notification to adjoining neigbours around traffic, noise and odour issues.

 

Applicant has undertaken consultation with these parties, obtained agreement (subject to certain works being carried out such as acoustic fence, landscaping and new culvert across road for pedestrian access) and submitters have withdrawn their submissions.

 

Delegated decision and conditions have been drafted and the case officer is currently awaiting endorsement of conditions by applicant and submitters.

2       Business Targets

The following graphs review key performance targets in the Resource Management Area.


 

 

 

A similar number of consents were lodged over this period compared to last year.

 

 

Resource consent continue to be issued within the statutory timeframes.


 

 

 

 

The number of planning checks on building consents (including amendments) for this period is similar when compared to the same period last year.

 

Financial Management

At the time of writing this report there was no financial report available for July from the Finance Department. A verbal update will be provided at the meeting.

 

3       Suggested Resolution(s)

That the Judicial Committee:

1.      Receives the report.

 


 

 

3.2     September 2014 - Judicial Committee Action Schedule

Memo Information

 

TO                                 Judicial Committee

FROM                           Erin Berry - Committee Advisor - Governance

DATE                             7 August 2014

SUBJECT                       September 2014 - Judicial Committee Action Schedule

 

 

1       Purpose of Report

To provide an update on the Judicial Committee Action Schedule.

 

2       Suggested Resolution(s)

That the Judicial Committee:

1.      Received the September

 

References-Tabled/Agenda Attachments

Attachment A    September 2014 - Judicial Committee Action Schedule


Attachment A

 

 

 

 

 


 

 

4      Regulatory Group Reports

4.1     July 2014 - Community Environment Group Monthly Report

 

TO                                 Judicial Committee

FROM                           Marion Smith - Group Manager Community Environment

DATE                             07 August 2014

SUBJECT                       Community Environment Group Monthly Report for the month of July 2014

 

 

1       Purpose of Report

This paper reports on key activities within Community Environment Group for the month of July 2014.

 

2       Discussion

Planning Investigations

 

Planning

July 2014

Investigations commenced

0

Investigations Completed

0

Current RMA Investigations

18

 

The figure of 16 Current RMA Investigations on last months' report was incorrect. An audit on the Data Source Report run 08 August 2014 confirms the number to be 18.

 

Monthly Planning Monitoring Report for July 2014

The Month of July saw quite a few meetings between the new Team Leader and Monitoring and Quality Assurance staff to assess and review parts of these activities and to identify and start putting in place better systems and processes for daily tasks as well as reporting requirements for the Ministry for the Environment.

 

Russell Pemberton of 10 Bay view Place Ferry Landing - Several discussions, emails and phone messages later, flax has been planted on the reserve by Mr Pemberton who had previously removed vegetation stating that he believed they were on his property.  See photographs below.


 

 

Before

DSCN6330

 

After

photo


 

 

DSCN6409

 

DSCN6410

 

Countdown - Whitianga.  The entrance of the building has not been built as per plan. Now the customers are forced to walk to the far right of the pedestrian crossing and vehicles that are reversing from the parking spaces to the right have to revers into the pedestrian crossing in order to have sufficient manoeuvring area to exit. The original approved plan had the pedestrian crossing only a few meters wide on the left and the building had an entrance at the left side which in now closed off for the storage of shopping trollies.  This is an over-all breach of condition 17 of the resource consent.  The applicants' agent has offered the suggestion that the applicant engage a traffic engineer to review the current situation to alleviate Council's concerns.  The officer monitoring the consent has agreed to this.

 


 

 

20140723_152219

 

The new revetment wall at Cooks Beach has been the subject of several complaints regarding, poor design, poor construction, restricted public all tide access along the beach, danger to public and the causation of further erosion at the Purangi reserve.  The basis of these complaints is largely to do with engineering conditions of the consent not being met due to poor performance by the Contractor.  These issues are currently being investigated and dealt with by Council's Development Planning Engineer.

 

The majority of the wall is deemed to be structurally sound and working well.

 

The Marina in Tairua continues to be monitored and the Guardians of Paku continue to over-see all that is taking place on this site.  There are many parts of the activity that they are unhappy with and recently they held a meeting with the CE to address these issues.   As a result of this a new monitoring plan is being put in place for this project which will assist in co-ordinating and recording the monitoring activity, who is responsible for what, when to involve affected persons, key milestone dates etc..

 

Umu Cafe Building - 22 Wharf Road Coromandel.  An updated report is on the agenda for this meeting with regard to Loading and Parking at this site.  The other allegations of not enough toilets in the cafe and the building at the rear of the property being used for over-night accommodation stays have both been addressed as follows:

 

An inspection took place on the 17th July 2014.   Talking to the property owners partner it was established that the building at the rear of the property is being rented out as a business, but the tenant has been using the building to house people assisting in his business over-night or for short stays.  It was explained that the building use was as a garage/storage area only and that regardless of a tenancy agreement, that building cannot be used for accommodation purposes of any kind.   On the 18th July, a phone call followed up by an email was made to the tenant advising him that he must cease using this building for over-night stays immediately.   He understood this and was advised that as there has been more than one warning about the use of this building, enforcement action could commence should it come to the attention of Council that the building was again being used for over-night stays.

 

 

 

With regard to the building consent that originally had the installation of another toilet as part of the consent and then not installed, a Senior Building Processing Officer reviewed the consent application and confirmed that the additional toilet was not required, just desired by the applicant and then not installed for some reason.   The Senior Building Officer has confirmed that the current number of toilets on site at the Cafe Umu is sufficient.

 

Consent Monitoring

 

Please note the number of consents monitored per month is the monitoring of any consent regardless of when it was granted.

 

Requests for Service

Compliance and Regulation

 

Levels of Service for Compliance and Regulation

 

Compliance & Regulation - 2014

The new registration year is underway with a total of 3390 (76%) dogs registered and 1053 (24%) unregistered by July 31st from a total of 4443 dogs on Councils database. As Council grants a further grace period of one month in August until the penalty applies we expect the number of unregistered dogs to diminish by 1 September 2014.

 

Compliance Officers are visiting owners of dogs who are known to annually miss the registration deadline or own classified dogs and reminding them that any dogs still unregistered in September may be seized and infringements will be issued.

 

In July Officers dealt with 408 incidents including RFS complaints, freedom camping offences, parking offences, dog and bylaw incidents and noise complaints.

 

Alfresco dining premises' have been checked throughout the district to ensure they comply with the conditions of their licenses and the measurements of tables placed on a public place match renewal applications. These visits ensure licensees are aware of their obligations when operating in a public place and that all premises' offering alfresco dining on public land are licensed.

 

A vacancy arose within the Compliance Team in July with the Compliance Officer based in Thames moving to an administrative role within the Community Environment team. The position is being covered through a part time Compliance Officer working additional hours and other officers covering the Thames ward until a new officer is appointed.

 

An issue of Wilful Damage of Council trees on Port Charles Road by a house removal company which was investigated by compliance officers in May 2014 is in the hands of the police with charges likely to be laid in the near future. This incident took place over a weekend period and involved contractors chopping a significant number of trees on the road verge. The contractor has subsequently cleaned up the felled vegetation in consultation with our reserves staff. The house removal company also did not have the permits required by Council and the Land Transport Authority to move an over dimension size / mass load on Council roads and two trucks checked by a compliance officer had expired registration licenses.

 

Infringements - Litter / Noise Directions

As discussed at the Judicial Committee meeting on July 25th 2014 it is proposed that two new infringements will be introduced in September to deal with littering and incidents where noise direction notices have been ignored. The infringements are considered necessary by staff to recover part of the costs for this activity and to deter offending.

 

Litter Infringements

Annually officers investigate in excess of 200 complaints involving littering, fly dumping and illegal rubbish disposal. These incidents are investigated with a focus on identifying the person who was responsible for the placing of the rubbish / litter in the location where it was identified.

 


 

 

The infringements are considered necessary to deter offending particularly at historical fly dumping sites such as at the summits of Kuaotunu Hill and Kennedy Bay Road. Both locations provide prime viewpoints out over harbours and coastal forests and are an attraction for tourists but both sites also attract a significant amount of dumped rubbish including household rubbish, animal remains and shellfish / fish waste. It is intended to recover part of the costs to investigate littering offences through infringements as the current practise of issuing warning notices to offenders is not deterring the activity.

 

On October 8th 2008 Council adopted the provisions of section 13 and section 14 of the Litter Act 1979 so that infringement notices could be issued where an offender was identified. While this was adopted by resolution the matter of issuing infringements did not proceed.

 

The resolution set its litter infringement offences and infringement fees, as provided for by the Litter Act as follows: 

 

Nature of infringement offence

Infringement fee

Deposits litter or having deposited litter of less than twenty litres* leaves it in or on a public place, or in or on private land without the consent of its occupier.

$100

Deposits litter or having deposited litter of more than 20 litres* and less than 120 litres** leaves it in or on a public place, or in or on private land without the consent of its occupier.

$200

Deposits litter or having deposited litter of more than 120 litres** leaves it in or on a public place, or in or on private land without the consent of its occupier.

$400

Deposits animal remains or having deposited animal remains leaves them in or on a public place, or in or on private land without the consent of its occupier.

$400

* 20 litres is the approximate maximum capacity of two standard supermarket bags in normal conditions.

** 120 litres is the approximate maximum capacity of a standard "wheelie bin" in normal conditions.

 

Noise Infringement Notices

In the year 2013 - 2014 noise control officers investigated 568 noise control complaints in the district and issued 202 Noise Direction Notices where the noise was assessed as being "excessive" as determined by the Resource Management Act 1991.

 

In approximately 25 incidents officers had to re visit the property after a Noise Direction Notice was being ignored and seize equipment being used to generate the excessive noise. In these incidents officers are assisted by the police.

 

Up until May 2012 Council charged offenders $250 for the recovery of seized equipment but the introduction of the Search & Surveillance Act 2012 brought about legislation that meant authorities must return anything seized unless it is required for investigation or evidential purposes with no allowance for a fee to be charged.

 

There are situations where the police are not available to assist officers and therefore officers are unable to mitigate the noise. There are also situations at commercial venues where it's not in the best interest of the public for a venue to be shut down immediately due to excessive noise issues such as having large numbers of disgruntled patrons pour out onto the streets causing public disorder.

 

Staff propose that where a Noise Direction Notice is issued under section 327 of the Resource Management Act 1991, and where offenders contravene the notice, and / or if a seizure of equipment is unable to be undertaken then staff are able to follow up with an infringement notice as authorised under section 343C of the Resource Management Act 1991.

 

Section 343 C states:

 (1) Where an enforcement officer observes a person committing an infringement offence, or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be served on that person.

(2) Any enforcement officer (not necessarily the officer who issued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person's last known place of residence or business; and, in that case, it (or the copy) shall be deemed to have been served on that person when it was posted.

The fee for these infringement offences is set at $500

 

The issuing of these infringements is already set up and able to be completed through Councils Pathways process and will be supported through documentation supplied to Council by Noise Control Officers.

 

Dogs Registered

2013/14

Jul 13

Jul

14

Registered

 

3669

 

3390

Unregistered

633

1053

Total

4302

4443

% Registered

85%

76%

% Unregistered

 

15%

 

23.7%

Infringements

7

2

 


 

 

Dogs Impounded

2013/14

Jul 13

Jul

14

YTD

Impounded

 

11

 

11

 

11

Claimed

4

6

6

Euthanized

3

1

1

Adopted

2

1

1

SPCA

2

1

1

Kept impounded

0

2

2

 

Dog Complaints (new effective January 2014)

2014/15

July 2014

YTD

Total

Lost / Found

29

29

Dog Attack -person

2

2

Dog Attack - animal

9

9

Dog Rushing

5

5

Stray Dogs Returned to owner

6

6

Stray Dog impounded

5

5

Uncontrolled Dogs

26

26

Property Surveys

3

3

 

Note: 2012 Dog Control statistics were not adequately captured for reporting.


 

 

2014/2015

 

Jul

2014

 

YTD

Freedom Camping Warnings

2

2

Freedom Camping Infringements

22

22

TOTAL

24

24

* Freedom Camping

Infringements waived on

appeal

3

3

 

* Waiver statistics for the previous month are not indicative of potential waivers as appeals may still be considered two months after the infringement issue date.

 

Bylaw Activity

2014/15

Jul 13

Jul

14

YTD

Total

Mobile Shops permits checked

0

0

0

Signage

19

0

0

Alfresco

0

10

10

Open Fires

6

7

7

Skateboards/cyclists on footpath

23

12

12

Illegal Litter

23

26

26

 


 

 

Parking

2014/15

Jul 13

Jul

14

YTD

Total

Total Parking Infringements

 

46

 

74

 

74

Whangamata Parking offences

 

6

1

1

Rego & Warrant offences

 

10

5

5

Thames

Parking offences

7

11

11

Rego & Warrant offences

22

44

44

Mercury Bay

Parking offences

1

13

 

13

 

Mercury Bay

Rego & Warrant offences

0

0

0

 

Noise

2014/15

Jul 13

Jul

14

YTD

Total

Noise requests for Service

 

38

 

19

 

19

Excessive noise directions

 

10

 

9

 

9

 


 

 

Licensing

 

Health Licensing

Health

Licence

2014/2015

Registered (current &

under renewal)

Health

Licence

2014/15

Registered (current &

under renewal)

Food Premises

286

Camping Grounds

25

Offensive Trades

0

Hairdressers

28

Funeral Directors

3

Mobile/Itinerant Traders

33

Event Monitoring

0

MPI  Food Control Plans Audited

60

 

Health

Licence

Inspections

July 2014

YTD

Total

Food Premises

37

37

 

Camping Grounds

0

0

Hairdressers

 

5

5

Funeral Directors

 

0

0

Mobile/Itinerant Traders

0

0

Event Monitoring

 

0

0

MPI Food Control Plans Audited

8

8

 


 

 

Alcohol Licensing

Alcohol Applications lodged for month

July

2014

YTD* Lodged

Applications

On

3

3

Off

3

3

Club

1

1

Managers

Certificate

23

23

Special Licence

9

9

Temporary Authority

3

3

Total for Month

41

41

 

Liquor Application activity for the month

July

2014

Applications assessed, reported on and finalised for the month

 

 

49

General Manager Interviews held

 

11

Alcohol Hearings

0

 

Alcohol Inspections:

These premises are inspected to ensure that they meet the requirements of the Sale and Supply of Alcohol Act 2012.

 

Sale of Liquor Licenses

 

Registered 2014/2015

 

Jul

2014

 

YTD

Total

On

115

8

8

Off

62

3

3

Club

32

4

4

 

Emergency Management

A review of the Emergency Response plan for TCDC has begun.  The current plan was developed in September 2012 prior to the Commissioner's findings on ChristChurch event.  Also since that date a number of personnel identified in the document no longer work for Council.  This document should be ready for this Committee to approve for Council adoption by December.

 

 

 

A draft Recovery Plan is also being developed in line with the approved template from  Group CDEM.  We do not currently have a recovery plan and on reflection on recent weather events it is advisable that we initiate this for completion by June 2015.  The Group CDEM requires all TA's to have one by June 2016, I think we can do better than that.

 

Financial Results for Compliance and Regulation

The financial results for July 2014 are not available at this time due to budgets still being set for the new financial year.

 

3        Suggested Resolution(s)

That the Judicial Committee

 

1.    Receive the report.

2.    Recommend that staff implement infringements for:

Litter Offences under the Litter Act 1979 and for excessive noise issues as authorised under Section 343C of the Resource Management Act 1991

 


 

4.2     July 2014 Building Controls Report

Memo Information

 

TO                                 Judicial Committee

FROM                           John Kardas - Manager - Building Unit

DATE                             19 August 2014

SUBJECT                       July 2014 Building Unit Report

 

 

1       Purpose of Report

To review the key activities and results for the Building Unit for the month of July with regards to its role as a Building Consent Authority and a Territorial Authority.

 

2       Building Consent Authority Performance

July was a very positive and productive month, effectively the culmination of a busy few months since April. The BCA approved 121 Building Consents with a total 111 paid for and uplifted. This continues to confirm that building activity is in a positive mode.

 

Process and procedures are being reviewed and modified to build on the work carried out after the Accreditation and we are looking to further improve performance levels.

 

For the month of July 82 new Building Consents were lodged which is in keeping with the past months in addition 23 Amendments were applied for resulting in another month with a total number of applications exceeding 100.

 

 

 

July was an excellent start to the financial year with all 121 applications being completed within the timeframe of 20 working days. Of these 26 were new dwellings with an average timeframe for processing these consents of 13 days. The range was between 11 and 15 days.

 

The number of consents granted was also a surprise with the 100 consent mark being passed for only the second time this calendar year and the third time since January 2013, a clear indicator of more work occurring in the District.

 

 

 

July saw just the one refusal and two applications withdrawn a further 121 were approved. The average time for people to clear any request for Further Information has decreased and also more frequently these are in one lodgement this has allowed a faster turnaround in consents and for Council a more effective use of time. Of the July applications 36 have FIR's open.

 

 

New dwellings clearly the star for the month with the highest number since August 2011, there has been a slow down during August though mostly attributable to the historic effects of an upcoming election and the availability of building crews.

 


 

New Dwelling Consents by ward

Thames

Coromandel

Whitianga

Pauanui/Tairua

Whangamata

2

2

12

4

6

 

Title: BC Granted Per Month

 

A buoyant start for the year and likely to follow a similar pattern to the 2012/13 year and last. Expecting to see a small dip in August to the number of applications granted but then a steady climb to the end of the year, followed by the usual Holiday decline. This year the year will end on Friday December 19 and not recommence until Monday January 12 2015.

 

 

 

Inspections also showed a positive start to the year being between the 2012/13 and 2013/14 year values. The number of consents granted may see a strong peak of inspections start to show in November with similar levels continuing to around March excluding the Holiday period.

3       Territorial Authority Performance

The Team have spent July arranging the risk based BWOF audit regime into an organised programme ensuring a clean and orderly approach to inspections either annually, biennially or on a three yearly cycle. Each property owner and tenant will be notified in advance of their inspections. The same approach has been completed with swimming pools and spa pools and the inspection regime kicks off in August. 

 

As a result of the excellent work that has been carried out in educating Solicitors and Real Estate agents around illegal work many property owners are making direct contact with Council prior to selling their properties with the intent to legitimise work that does not have a consent. Both Compliance Officers have been assisting these owners through the process and we have had many complimentary remarks from client/owners.

 

8 new RFS enquiries came in during July and July saw the close off of 20 RFS' with 8 going to investigations awaiting Certificate of Acceptance applications.

 

4       Financials

Financials are not yet available for July at time of writing this report, may be able to table at meeting. This is due to year end and carryovers for financial year delays. 

 

5       Suggested Resolution(s)

That the Judicial Committee:

1.      Receives the report.

 

 


 

 

4.3     Parking and Loading Situation - Umu Cafe - 22 Wharf Road Coromandel

Memo Information

 

TO                                 Judicial Committee

FROM                           Jakki Handcock - Team Leader Quality Management, Monitoring and Investigations

DATE                             20 August 2014

SUBJECT                       Parking and Loading Situation - The Umu Cafe 22 Wharf Road, Coromandel

 

 

1       Purpose of Report

1.1     The purpose of this report is to provide information to the Judicial Committee in regards to the parking and loading situation at the Umu cafe as requested so that the Judicial Committee can make a decision as to whether they wish staff to further the investigation of this property.

 

2       Background

2.1     Umu cafe has operated from 22 Wharf Road, Coromandel since 1999 when a land use consent was granted for the discretionary activity "to operate a license       restaurant and related bar facilities".

 

2.2     Resource Consent K07.0445.00 (attachment A) was granted in 1997 for "Discretionary activity to provide for an additional four car parks, in addition to the four provided on-site in respect of an extension to an existing shop, by way of a cash-in-lieu of parking contribution".

 

2.3     A plan showing parking was submitted with the application. However, there does not appear to be a plan signed off by a planner at the time the resource consent was granted.

 

2.4     There is a signed parking plan on Council records dated June 1998 (attachment     B).

 

2.5     In 2006, a variation consent - RMA2006/36 (attachment C) was granted for "a change of conditions pursuant to Section 127 of the Resource Management Act      to amend conditions 1-3 of decision K07.0445.00".  Essentially this variation allowed for a revised parking plan to be approved (attachment D) showing three vehicle parking spaces at the rear of the existing building (Umu Cafe) and one parking space in the rear garage/building on the site.  There was also a contribution required for the short-fall of 2 vehicle parking spaces.

 

2.6     The car park layout on site is currently not in accordance with condition 2 of the     resource consent

 

2.7     Both K07.0445.00 and RMA2006/36 were silent on loading.

 


 

 

3       Issue

3.1     Council has received complaints about the parking and loading situation at 22 Wharf Road for many years and Planning and Monitoring staff time have spent a significant amount of time investigating the matter.  To date, various staff members have been unable to satisfy the matter for all parties.

 

4       Discussion

4.1     With regard to condition 2 of RMA2006/36 - it states "The consent holder shall form and maintain the four vehicle parking spaces as identified in the plan entitled 'drawing of car park at 22 Wharf Road Coromandel showing dimensions', to an all-weather surface, to the satisfaction of the Group Manager, Environmental Services". The equivalent of the Environmental Services Group Manager is now the Community Environment Group Manager and she has confirmed that she will accept the following with regard to this condition of consent:

 

"That the parking need not be formed exactly as per the parking plan, but instead the area is able to accommodate parking for four vehicles.  We accept this is in reasonable compliance with the consent condition".

 

4.2     With regard to loading - In our view loading was considered by the Planner when dealing with both consents and it was concluded that the applications met the standard required by the District Plan in force at the time. Council cannot now make the consent holder comply with today's District Plan standards on loading.

 

Loading for the Umu Cafe takes place behind the Cafe building which is in between the front and rear buildings on this property.  A building consent was granted in 1998        for an extension to the existing front building (now  the Umu Cafe).  This building consent was in conjunction with resource consent K07.0445.00 and the Transitional Plan in place at the time states:

 

"(3) Location of Loading Bay

Town Centre and Local Commercial Zones

 

Every loading bay in the Town Centre and Local Commercial  Zones shall be located to the rear of the building it serves (when viewed from the street to which the site has frontage).

 

In our view, loading that currently takes place to the rear of the building which was the subject of both the resource and building consent is therefore appropriate as the loading is serving this building.

 

5       Suggested Resolution(s)

That the Judicial Committee:

1.      Receives the report.

2.      Agrees that no further action is to be taken by Council Staff with regard to parking and loading at 22 Wharf Road Coromandel


 

 

References-Tabled/Agenda Attachments

Attachment A    Copy of Resource Consent K07.0445.00

Attachment B     Consent K07.0445.00 signed parking plan dated June 1998

Attachment C     Copy of Resource Consent RMA2006/36

Attachment D     Consent RMA2006/36 revised and approved parking plan


 

Attachment A


 

Attachment B


 

Attachment C

Attachment D

 

 

5      Members Report

The Chairperson invites members to provide a brief verbal report on activities undertaken and meetings attended in the period since the last meeting.

 

Recommendations

That the Judicial Committee:

1.       Receives the Members' Reports.

 

 


 

6      Public Excluded

Resolution to Exclude the Public

 

Section 48, Local Government Official Information and Meetings Act 1987.

 

Recommendation

That the public:

 

1.       Be excluded from the following parts of the proceedings of this meeting namely:

 

Item              Business

6.1                 25 July 2014 Public Excluded Judicial Committee Minutes

6.2                 September 2014 Public Excluded Judicial Committee Action Schedule

6.3                 Leaky homes and other claims update

 

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

 

General Subject of each matter to be considered

Reason for passing this Resolution in Relation
 to Each Matter

Ground(s) Under Section 48(1) for the Passing
of the Resolution

PUBLIC EXCLUDED - Judicial Committee 25 July 2014 - Minutes for Confirmation

(7)(2)(g) – Maintain legal professional privilege.

(7)(2)(i) – Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

(48)(1) – Subject to subsection (3) of this section, a local authority may by resolution exclude the public from the whole or any part of the proceedings of any meeting only on one or more of the following grounds:

(48)(1)(a) – That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist.

September 2014 - PUBLIC EXCLUDED - Judicial Committee Action Schedule

(7)(2)(g) – Maintain legal professional privilege.

(7)(2)(i) – Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

(48)(1) – Subject to subsection (3) of this section, a local authority may by resolution exclude the public from the whole or any part of the proceedings of any meeting only on one or more of the following grounds:

(48)(1)(a) – That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist.

Leaky Homes Claims - Update as at 20 August 2014

(7)(2)(g) – Maintain legal professional privilege.

(7)(2)(i) – Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

(48)(1)(a) – That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist.