Subdivision RSS Feed - Tasman District Council

Subdividing Your Property

Fri, 05 Oct 2012 16:06:40 +1300

Subdividing Your Property

This page provides information about the process for subdividing your property and the rules that govern subdivision in the Tasman District.

Rules Controlling Subdivision

The rules controlling subdivision are authorised by the Resource Management Act 1991 and the Local Government Act 2002 and are contained in three principal documents:

The Tasman Resource Management Plan that contains the rules covering things such as size, shape, frontage and access.
The Long Term Council Community Plan (LTCCP) covering things such as requirements for development contributions.
The Council’s Engineering Standards & Policies 2008 covering the installation of new works and services.
For subdivision close to the coast the New Zealand Coastal Policy Statement is also relevant.

Subdivision Consent

A subdivision consent from the Council is required for any subdivision that you wish to do.

Subdivision consent is required is to ensure that:

Any adverse effects that may arise from the subdivision are identified and appropriately dealt with;
All works and services are carried out and installed in terms of Council’s Engineering Standards & Policies 2008; and
The new allotments are suitable for the intended purpose.

Like any resource consent, subdivision consents are processed and assessed under the Resource Management Act 1991.

Subdivision Process

There are a number of steps involved in the subdivision of land so it can become a time consuming process. The simplest of subdivisions can take three to four months to complete while the more complicated or larger ones can take a lot longer. Although there are some statutory time periods associated with the subdivision consent process, the time taken to complete a subdivision rests entirely with the applicant.

Flow chart showing subdivision process (pdf, 39 KB)

It is possible to do some of the subdivision processes yourself, but there are some tasks that will require the involvement of professionals such as land surveyors, engineers and lawyers.

If you are considering applying for a subdivision, it is advisable to discuss this with a Subdivision Planner prior to making an application, by contacting the Subdivisions Team on (03) 5438400. The best day for making an appointment to speak to a Subdivision Planner face to face is on a Wednesday.

Types of Subdivisions

Fri, 05 Oct 2012 16:06:40 +1300

Information about Different Types of Subdivision

This page tells you about the most common types of subdivision.

Boundary Adjustment

A subdivision in any zone that adjusts the existing boundary locations between adjoining titles. No new titles are created. Boundary adjustments are useful when land is sold by one person to his or her neighbour, when the boundaries of titles need to be adjusted to match fencelines or physical features on the land. Boundary adjustments also allow productive land to be better used by removing land from residential properties and adding it to rural productive blocks.

Although no new allotments are created, the Council's subdivision planners will check to make sure that the lots sizes and shapes are still appropriate.

Residential 'Greenfields' Subdivision

The development of an area of land that is zoned 'Residential' but has not yet been developed. The subdivision will include the overall design for roading, reserves and service. Multiple new residential allotments will usually be created.

Residential Infill Subdivision

The subdivision of an existing allotment that is zoned 'Residential'. The existing allotment may or may not have an existing dwelling. The allotment must have sufficient area to be further divided. There are rules in the Tasman Resource Management Plan about the minimum lot size for such infill development in residential areas.

Comprehensive Residential Development

A comprehensively planned and designed collection of buildings on one site. The development will often (but not necessarily) result in more titles being formed. The difference with this type of development is that it includes both the subdivision and the development of the buildings into one comprehensive development proposal.

Rural-Residential Subdivision

The subdivision of land zoned 'Rural-Residential'. The TRMP specifies minimum lot sizes for rural-residential subdivisions.

Rural 3 Subdivision

The subdivision of land zoned 'Rural 3'. The Rural 3 zone is in the Coastal Tasman Area between Appleby and Tasman Village where more development is allowed in a controlled fashion. These developments must be done in accordance with the Rural 3 design guidelines.

TRMP Part II - Appendix 3: Coastal Tasman Area Subdivision and Development Design Guide

Rural Subdivision

The subdivision of land zoned 'Rural 1' or 'Rural 2'. The Tasman Resource Management Plan specifies minimum lot sizes for these subdivisions as the primary focus of the Plan is on protecting the productivity and versatility of the land.

Subdividing Your Property

Issues to Consider for Subdivision

Fri, 05 Oct 2012 16:06:40 +1300

Consent Notices

Wed, 08 May 2013 10:09:10 +1200

Information about Consent Notices

A consent notice is a form of covenant between the Council and a land owner and can only be imposed through a subdivision consent (i.e. when some kind of subdivision or boundary adjustment is done). A consent notice will be registered on the title of a property alerting current and future property owners of certain obligations that must be complied with on a continuing basis by the owner, and subsequent owners, of a title.

Such conditions may, for example, require engineering works or landscaping requirements to be done, or may restrict building colours, site coverage, or the location of buildings on the land.

Because a consent notice is an agreement between the Council and the land owner, it is the Council which will enforce any non-compliance. Consent notices can be varied or cancelled by agreement between the land owner and the Council at any time after the deposit of the survey plan. The process to change or cancel a consent notice requires a resource consent application to Council.

Rights-Of-Way

Wed, 22 May 2013 12:07:21 +1200

Rights-Of-Way

This page explains the right-of-way and the process for creating one on a property in the Tasman District.

A right-of-way is a particular type of easement, which allows the owners of one property to have vehicle and/or pedestrian access over a portion of another property.

A right-of-way or easement will be described as having 'servient' and 'dominant' tenements. The servient tenement is the property that owns the land over which the right-of-way or easement passes, and the dominant tenement is the property that has the right to pass over or access the land over which the right-of-way or easement passes.

A right-of-way easement can be created either as part of the subdivision process or by application to Council under Section 348 of the Local Government Act.

The Tasman Resource Management Plan specifies minimum formation standards for rights-of-way which can be included as a condition of any consent to create a right-of-way.

Private right-of-way easements can be changed. Legal advice should be sought as there are a number of options for this process. Generally any change would require the agreement of both the dominant and servient parties. Council permission may also be required if the right-of-way was a condition of a subdivision consent.

Please refer to Engineering Standards for construction details for right-of-ways.

Subdivision RSS Feed - Tasman District Council

Subdividing Your Property

Subdividing Your Property

Rules Controlling Subdivision

Subdivision Consent

Subdivision Process

Related Links

Types of Subdivisions

Information about Different Types of Subdivision

Boundary Adjustment

Residential 'Greenfields' Subdivision

Residential Infill Subdivision

Comprehensive Residential Development

Rural-Residential Subdivision

Rural 3 Subdivision

Rural Subdivision

Issues to Consider for Subdivision

Consent Notices

Information about Consent Notices

Rights-Of-Way

Rights-Of-Way