Regulatory Committee Agenda - Waipa District Council
Regulatory Committee Agenda - Waipa District Council
Regulatory Committee Agenda - Waipa District Council
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104<br />
and subject to those costs which should have been borne by the applicant being the<br />
one that directly benefited financial from the creation of the new allotment.<br />
8.4 Section 6 requires consent authorities to recognise and provide for a number of<br />
matters of national importance in exercising powers and functions under the RMA,<br />
and Section 7 lists the other matters to which <strong>Council</strong> shall have particular regard.<br />
There are no Section 6 and Section 7 matters that are relevant to the amendments<br />
sought by this consent.<br />
8.5 Section 8 requires all persons exercising powers under it to take into account the<br />
principles of the Treaty of Waitangi. In terms of this proposal, consultation was<br />
undertaken as part of the original application with Nga lwi Toopu o <strong>Waipa</strong> who raised<br />
no concerns with the proposal. Accordingly, it is considered that there is nothing in<br />
the proposal that would conflict with the principles of the Treaty of Waitangi.<br />
8.6 Overall, it is considered that the application would not offend any of the matters<br />
contained within Part 2. The proposal would enable the applicant to provide for their<br />
wellbeing while avoiding, remedying or mitigating any adverse effects on the<br />
environment.<br />
9 CONCLUSION<br />
9.1 The proposal is to amend Condition 3 ofthe subdivision consent SP/0113/12.<br />
9.2 The amendment is sought due to cost, and the availability of alternative wireless and<br />
satellite technology.<br />
9.3 The proposal is considered to be inconsistent with the intent of the relevant<br />
objectives and policies of the Operative <strong>District</strong> Plan and the Proposed <strong>District</strong> Plan,<br />
however the Applicants have demonstrated that is cost prohibitive to provide a<br />
connection.<br />
9.4 In conclusion, having had regard to the relevant matters set out in section 104 of the<br />
RMA, it is considered that the application to amend Condition 3 of SP/0113/12 be<br />
granted.<br />
10 RECOMMENDATION<br />
10.1 That<br />
a) The report of H Beard, Planner for the <strong>Waipa</strong> <strong>District</strong> <strong>Council</strong>, be received; and<br />
b) In consideration of Sections 104, and pursuant to Sections 1048, 108 and 220 of<br />
the Resource Management Act 1991, the <strong>Waipa</strong> <strong>District</strong> <strong>Council</strong> grants the<br />
Report to <strong>Regulatory</strong> <strong>Committee</strong> Meeting- November 2012<br />
AH & CA Baker- Section 127 Application- Planners Report<br />
Page 12<br />
12203858SP 0113 12.01 - <strong>Regulatory</strong> Report