Waitematā Local Board Hearings Committee
OPEN MINUTES
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Minutes of a meeting of the Waitematā Local Board Hearings Committee held in the Waitematā Local Board Room, Level 2, 35 Graham Street on Tuesday, 28 July 2015 at 3.12 pm.
Chairperson |
Christopher Dempsey |
Deputy Chairperson |
Vernon Tava |
Members |
Greg Moyle |
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APOLOGIES
Member |
Deborah Yates |
Waitematā Local Board Hearings Committee 28 July 2015 |
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1 Welcome
2 Apologies
Resolution number WTMH/2015/8 MOVED by Chairperson CP Dempsey, seconded by Member GJ Moyle: That an apology from Member Deborah Yates for absence be accepted. |
3 Declaration of Interest
There were no declarations of interest.
4 Confirmation of Minutes
Resolution number WTMH/2015/9 MOVED by Member GJ Moyle, seconded by Deputy Chairperson VI Tava: That the ordinary minutes of its meeting, held on Thursday, 9 April 2015, including the confidential section, be confirmed, as a true and correct record. |
5 Leave of Absence
There were no leaves of absence.
6 Acknowledgements
There were no acknowledgements.
7 Petitions
There were no petitions.
8 Deputations
There were no deputations.
9 Public Forum
There was no public forum.
10 Extraordinary Business
There was no extraordinary business.
11 Notices of Motion
There were no notices of motion.
12 |
Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 |
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Resolution number WTMH/2015/10 MOVED by Chairperson CP Dempsey, seconded by Member GJ Moyle: That the Waitemata Local Board determine each application, by way of resolution, to: i. grant the application for special exemption as sought, or ii. grant the application subject to conditions, or iii. decline the application for special exemption sought. |
12.1 |
Special Exemption for Spa/Swimming Pools under Section 6 of the Fencing of Swimming Pools Act 1987 for 18 Scarborough Terrace, Parnell |
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Resolution number WTMH/2015/11 MOVED by Member GJ Moyle, seconded by Deputy Chairperson VI Tava: a) That the Waitemata Local Board Hearings Committee note that a member of the Hearings Committee were in attendance at a site visit which took place on Tuesday, 28 July 2015 at the applicant’s residence, with Auckland Council Officer, Nicholas Powell - Team Leader Swimming Pools Compliance, also in attendance.
b) That the Waitemata Local Board Hearings Committee grant the application by Heather McDougall and Stephen Davies at 18 Scarborough Terrace, Parnell, for special exemption under section 6 of the Fencing of Swimming Pools Act 1987 and that this exemption is personal to the owner of the property, so that on a sale of the property a new owner will need to apply for a new exemption.
c) That this exemption is granted subject to the spa pool remaining in its location as at 28 July 2015 and subject to conditions in the NZS 8500:2006 Safety Barriers and Fences Around Swimming Pools, Spas and Hot Tubs 3.10 ‘Above-ground spas and hot tubs’ 3.10 i) to xiii) inclusive:
i. The top of the spa pool or hot tub shall be positioned with the entire top surface not less than 760mm above the surrounding ground or deck; ii. The cover shall be lockable and shall be kept locked when the spa pool or hot tub is not being used or supervised. A locking device shall contain a mechanical locking mechanism or a self-locking mechanism in addition to latching shut; iii. The locks shall not be able to be readily opened or released by a child of up to the age of six years; iv. That the key to the locks be kept in a safe secure place inaccessible to a child of up to the age of six years old; v. When locked the cover shall be fitted so that if lifted it does not release the locking device or provide a clearance greater than 100mm; vi. The cover shall be made of a material that if walked on cannot collapse and can withstand the weight of at least 20kg to ensure that it will more than take the weight of a child up to six years old; vii. The cover shall be constructed of material that meets ASTM F1346-91 to allow easy movement on and off the spa pool or hot tub; viii. The cover shall be constructed with a taper from the centre hinge to the outside edge of the cover so that water will not pond on top of it; ix. The cover shall have an evenly spaced mechanical locking device as required in b) which shall be positioned to ensure the cover cannot be lifted more than 100mm by a child up to six years of age, and ensures that the cover is fixed securely to the spa pool or hot tub; x. The cover and locks shall be maintained at all times in a good state of repair; xi. Warning stickers/sign shall be placed on the cover to advise that it shall be locked in place when the spa pool or hot tub is not being used or supervised; xii. Removable steps, movable furniture, or other objects that can assist a young child to climb onto the cover, shall be stowed/stored away at least 1200mm from the side of the spa pool or hot tub; xiii. Any plant material that can support the weight of at least 20 kgs shall be no closer than the edge of the deck where the spa pool stands.
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12.2 |
Special Exemption for Spa/Swimming Pools under Section 6 of the Fencing of Swimming Pools Act 1987 for 57 John Street, Ponsonby |
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Resolution number WTMH/2015/12 MOVED by Chairperson CP Dempsey, seconded by Member GJ Moyle: a) That the Waitemata Local Board Hearings Committee note that a member of the Hearings Committee were in attendance at a site visit which took place on Tuesday, 28 July 2015 at the applicant’s residence, with Auckland Council Officer, Nicholas Powell - Team Leader Swimming Pools Compliance, also in attendance.
b) That the Waitemata Local Board Hearings Committee grant the application by Robert and Bronwyn Dick, 57 John Street, Ponsonby, for special exemption under section 6 of the Fencing of Swimming Pools Act 1987 and that this exemption is personal to the owner of the property, so that on a sale of the property a new owner will need to apply for a new exemption.
c) The Waitemata Local Board Hearings Committee notes that the exemption is granted subject to:
i) The doors opening into the pool area, be used as a barrier to the swimming pool area; and ii) The standard Auckland Council stickers be maintained on the doors opening into the pool area. |
12.3 |
Special Exemption for Spa/Swimming Pools under Section 6 of the Fencing of Swimming Pools Act 1987 for 10 John Street, Ponsonby |
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Resolution number WTMH/2015/13 MOVED by Deputy Chairperson VI Tava, seconded by Member GJ Moyle: a) That the Waitemata Local Board Hearings Committee note that a member of the Hearings Committee were in attendance at a site visit which took place on Tuesday, 28 July 2015 at the applicant’s residence, with Auckland Council Officer, Nicholas Powell - Team Leader Swimming Pools Compliance, also in attendance.
b) That the Waitemata Local Board Hearings Committee grant the application by Ewan Yandall and Cecily Dell, 10 John Street, Ponsonby, for special exemption under section 6 of the Fencing of Swimming Pools Act 1987 and that this exemption is personal to the owner of the property, so that on a sale of the property a new owner will need to apply for a new exemption.
c) That this exemption is granted subject to the spa pool remaining in its location as at 28 July 2015 and subject to conditions in the NZS 8500:2006 Safety Barriers and Fences Around Swimming Pools, Spas and Hot Tubs 3.10 ‘Above-ground spas and hot tubs’ 3.10 i) to xiii) inclusive:
i. The top of the spa pool or hot tub shall be positioned with the entire top surface not less than 760mm above the surrounding ground or deck; ii. The cover shall be lockable and shall be kept locked when the spa pool or hot tub is not being used or supervised. A locking device shall contain a mechanical locking mechanism or a self-locking mechanism in addition to latching shut; iii. The locks shall not be able to be readily opened or released by a child of up to the age of six years; iv. That the key to the locks be kept in a safe secure place inaccessible to a child of up to the age of six years old; v. When locked the cover shall be fitted so that if lifted it does not release the locking device or provide a clearance greater than 100mm; vi. The cover shall be made of a material that if walked on cannot collapse and can withstand the weight of at least 20kg to ensure that it will more than take the weight of a child up to six years old; vii. The cover shall be constructed of material that meets ASTM F1346-91 to allow easy movement on and off the spa pool or hot tub; viii. The cover shall be constructed with a taper from the centre hinge to the outside edge of the cover so that water will not pond on top of it; ix. The cover shall have an evenly spaced mechanical locking device as required in b) which shall be positioned to ensure the cover cannot be lifted more than 100mm by a child up to six years of age, and ensures that the cover is fixed securely to the spa pool or hot tub; x. The cover and locks shall be maintained at all times in a good state of repair; xi. Warning stickers/sign shall be placed on the cover to advise that it shall be locked in place when the spa pool or hot tub is not being used or supervised; xii. Removable steps, movable furniture, or other objects that can assist a young child to climb onto the cover, shall be stowed/stored away at least 1200mm from the side of the spa pool or hot tub; xiii. Any plant material that can support the weight of at least 20 kgs shall be no closer than the edge of the deck where the spa pool stands. |
13 Consideration of Extraordinary Items
There was no consideration of extraordinary items.
14 |
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Resolution number WTMH/2015/15 MOVED by Member GJ Moyle, seconded by Chairperson CP Dempsey: That the Waitematā Local Board Hearings Committee: a) Exclude the public from the following parts: The general subject of each matter (Attachments A – C) to be considered. 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 follows. This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows: 12 Applications for Special Exemptions Under Section 6 of the Fencing of Swimming Pools Act 1987: Attachments A – C
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3.22 pm The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.
CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Waitematā Local Board Hearings Committee HELD ON
DATE:............................................................................
CHAIRPERSON:...........................................................