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Regulatory Committee Agenda - Waipa District Council

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consent authority considers relevant and reasonably necessary to determine the<br />

application.<br />

The following assessment addresses all relevant considerations under Section 104 of<br />

the RMA as they relate to this application.<br />

7.2 Assessment of Environmental Effects<br />

7.2.1 Telecommunication connection effects<br />

The applicant seeks that no telecommunication connection is installed at the time of<br />

subdivision to service proposed Lot 2. The reasons for this request are outlined in<br />

Section 3.2 above, with the main reasons being that an alternative means of<br />

connection can be provided to service the allotment, and it is cost prohibitive to<br />

provide the connection.<br />

The lack of provision of a telecommunication connection may however result in an<br />

additional cost on a subsequent land owner of the proposed allotment on the basis<br />

that if they wished to connect via this means, the costs will be borne by them. Given<br />

the size of the proposed allotment and the close proximity of the allotment to both<br />

Pirongia and Te Awamutu, it is anticipated the site will be attractive to future<br />

purchasers as a rural-residential allotment who would generally expect this<br />

connection to be provided to the boundary of their site without additional costs<br />

(apart from service lead-ins).<br />

While a Consent Notice, in accordance with Section 221 of the RMA, could be utilised<br />

to advise any potential purchasers or land owners that a telecommunication<br />

connection was not existing for the site, this mitigation measure is considered to be<br />

inappropriate in this instance due to the location of the site, and on the basis that the<br />

applicant has not demonstrated that alternative connections can be appropriately<br />

provided to service the site. Whilst the costs of providing this connection are<br />

relatively high, the costs are reflective ofthe nature of development in this locality.<br />

An amendment to this condition could also impair public confidence in the consistent<br />

administration of the <strong>District</strong> Plan and set a precedent for the misuse of the<br />

telecommunication connection provisions. In the last 12 months three subdivision<br />

consents have been granted in the surrounding area which are required to provide<br />

telecommunication connections. Should this application be approved for an<br />

exemption, it would be unfair to the surrounding subdividers who have complied<br />

with this condition.<br />

7 .2.2 Overall assessment of effects<br />

There will be no adverse visual or traffic effects as a result of the proposed<br />

subdivision. An amendment to the requirement for a telecommunication connection<br />

is considered to have an effect on the future land owners of the site and the<br />

Report to <strong>Regulatory</strong> <strong>Committee</strong> Meeting - November 2012<br />

AL & ARJ Hooker- Section 127 Application- Planners Report<br />

Page 7<br />

12198240<br />

69

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