Regulatory Committee Agenda - Waipa District Council

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undertaken as part ofthe original application with Nga lwi Toopu o Waipa who raised
no concerns with the proposal. Accordingly, it is not considered that there is nothing
in the proposal that would conflict with the principles of the Treaty of Waitangi.
8.6 Overall, it is considered that the application would not offend any of the matters
contained within Part 2. The proposal would enable the applicant to provide for their
wellbeing while avoiding, remedying or mitigating any adverse effects on the
environment.
9 CONCLUSION
9.1 The proposal is to amend Condition 4 of the subdivision consent SP/0106/11.
9.2 The amendment is sought for a variety of reasons including the restriction of utilising
alternative technologies, costs, lack of flexibility for land owners, and the availability
of wireless and satellite technology.
9.3 The proposal is considered to be inconsistent with the intent of the relevant
objectives and policies of the Operative District Plan and the Proposed District Plan.
9.4 In conclusion, having had regard to the relevant matters set out in section 104 of the
RMA, it is considered that the application to amend Condition 4 of SP/0106/11 be
declined, as the application is contrary to the relevant provisions within the
Operative and Proposed District Plans.
10 RECOMMENDATION
10.1 That
a) The report of H Beard, Planner for the Waipa District Council, be received; and
b) In consideration of Sections 104, and pursuant to Sections 1048, 108 and 220
of the Resource Management Act 1991, the Waipa District Council declines
the application to change Condition 4 of SP/0106/11 by AL & ARJ Hooker.
Reasons for Decision
a) The application is inconsistent with the objectives and policies of the operative
Waipa District Plan and the proposed Waipa District Plan.
b) Granting consent for an alternative to the requirements for the provision of
telecommunication connection to a new allotment conflicts with the relevant
rules of the District Plan, and for which there are no unique or special
circumstances, could impair public confidence in the consistent administration
of the District Plan, and set a precedent for the misuse of the
telecommunication connection provisions.
Report to Regulatory Committee Meeting - November 2012
AL & ARJ Hooker- Section 127 Application - Planners Report
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