New Rules Confirmed for Rural Subdivisions

Greater flexibility has been built into new subdivision rules for rural areas in New Plymouth District.

In May, the Hearings Commission heard from submitters on the proposed District Plan Change 27, which aims to protect rural character by controlling the scale, location, density and design of both subdivisions and activities – including subdivision provisions, minimum setbacks, reduced site coverage, and landscaping requirements.

“What was clear from the submissions was that people wanted more flexibility in our approach to subdivisions and the setback rule for homes than what the plan change proposed,” says Hearings Commission Chair Phil Quinney.

“We’ve responded to those by altering the new rules to allow some additional choices, while still protecting that open-space character that is unique to the district’s rural landscapes. The Commission considers that high-quality environmental outcomes are important for the rural areas of the district.”

The Commission also supports developing design guidelines and the establishment of a design panel to help achieve these environmental outcomes.

The new rules have effect from this Monday (26 September). The highlights from the decision are:

Rural subdivisions

• The subdivision of one small allotment as long as there is a 20ha balance of land has been retained. This rule is a controlled activity (allowed as of right under the District Plan, although the applicant will still need to get a resource consent).
• The subdivision of up to three allotments as long as there is a 20ha balance has changed from a full discretionary to a restricted discretionary activity. (When processing an application, NPDC can assess only those matters included in the District Plan.)
• An additional rule has been added to provide opportunity for the subdivision of up to four allotments as long as there is a 4ha balance. This rule is a full discretionary activity (requires a resource consent to be approved by NPDC, with a comprehensive assessment of all relevant matters).

“We have continued to provide the opportunity for small allotments in the rural area. The 20ha balance requirement is a critical control for maintaining the rural character that people love in this district,” says Mr Quinney.

“However, the additional 4ha discretionary rule allows for greater flexibility for rural landowners and for Council staff to consider the environmental factors of each application. Combined with a greater emphasis on good design, these controls will lead to improved environmental outcomes.”
 

Number of habitable buildings

• One habitable building will be allowed on each site, with up to three habitable buildings for each 20ha.
  • An additional rule has been added to allow two habitable buildings on a site, irrespective of its size, as long as one of the buildings is smaller than the other and they are in close proximity.

“Allowing the option of two homes on a site recognises that people have different living needs, such as providing a small home for a farm worker or an elderly parent. These provisions will ensure a spacious, low-density environment while providing greater flexibility,” says Mr Quinney.

Setbacks

• New homes and buildings in rural areas are to be set back from the road by at least 30m. New homes must be 15m from side boundaries, while all other buildings must have a 10m clearance. Encroachments into this setback will be assessed as a discretionary activity, allowing for case by case assessment.
• An additional rule has been added for new homes on properties that were subdivided prior to Plan Change 27, and which do not have enough space outside a setback. In this case houses may be built within that setback area as a controlled activity. The Council is obliged to grant this resource consent, but can impose conditions.

“This new rule means that previously subdivided properties can still be lived on, even when the only land area that can be built on is within 30m of the road and/or within 15m of a side boundary,” says Mr Quinney.

“However, if there’s room to build outside the setback, encroachments will be assessed on a case by case basis through discretionary assessment. This provides certainty to landowners of small lots and also helps to maintain the spaciousness of our district’s rural character.”

A number of submitters asked that a pending plan change regarding lifestyle areas be considered at the same time as rural subdivisions. “However we think it’s important that we let these subdivision changes bed-in so we can monitor small-lot subdivision trends under the new rule settings.

“We’ll have a report to the Policy Committee in June 2013 on the implementation of these subdivision provisions, and whether investigations into the lifestyle areas should go ahead,” he says.

Submitters to Plan Change 27 can appeal the Council’s decision to the Environment Court up to 30 working days after they receive the decision. The full list of changes as a result of the Council’s decision on Plan Change 27 is in the Plan Changes section of this website.