Brent Trail Managing Director Surveying Services Ltd

An order has been signed by the Environment Court resolving a long-standing appeal against the Hauraki District Plan subdivision rules. The resulting rules were negotiated during a long period between the appellants and Hauraki District Council.

A significant component of this appeal is the virtual abolishment of further subdivision on the plains. This rule, requiring any new rural lot to be more than 80 hectares, was largely defended by council. However, it was agreed where there is more than one house existing on a lot less than 40 hectares, you can apply to subdivide lots containing the additional houses. A minimum lot size of 2500m2 and a maximum of one hectare are required.

This rule allows for similar subdivision in the Waihi Basin only on lots currently less than 12ha. Any other opportunities on the plains or Waihi Basin will be based on boundary adjustments between existing titles, where landowners have many titles or are amalgamating farms.

The minimum rural lot size in the Waihi Basin remains at six hectares. These lots, containing existing houses that must have been occupied for five years, will now be the only small lifestyle lots allowed on the plains or the basin.

Outside of those specific areas, lifestyle blocks will be subdivided from many existing larger lots. This is intended to create opportunities to subdivide a range of smaller blocks, generally between 0.5ha and 2.5ha, on the less productive foothills.

Anybody who has existing approvals will be able to proceed with them, as resource consents normally have a total life of eight years as long as certain progress is made along the way.

Another change affecting new lots in residential zones, except Turua, was negotiated under the appeal. Council originally pushed the minimum lot size up to 525m2 from the old 350m2.

It was agreed a smaller lot size is appropriate only when creating a range of lot sizes in a subdivision. Now the minimum size can be as low as 450m2 on some subdivisions, as long as certain criteria are met.

The rules are complex and the door is always open to alternatives which don't exactly fit the rules.

So if you're contemplating subdivision, you should consult a surveying company familiar with the rules.

Feel free to give me a call if you need to clarify how the changes may affect your plans.

Brent Trail, managing director of Surveying Services, specialises in resource consent applications for subdivisions across the Waikato and Bay of Plenty. For further information, call 0800 268 632 or email: btrail@surveyingservices.co.nz