6.1.1 Activity Table

Note: Subdivision of land within areas identified as Natural Hazards on the Planning Maps – See Section 11

** Indentified Structure Plans include:

• Precinct F, Matamata (refer Planning Maps and Appendix 9.2)

6.1.2 Applicant’s Representative

Applications for subdivision consent shall be prepared by a registered surveyor or other qualified person and shall be drawn to scale with appropriate key and supporting documentation as specified in General Provisions : Information Requirements, Section 1.

Applications for subdivision consent (ie. the plans and report) shall be submitted to the Council for consent before any work involving disturbance of the land surface or excavation of the land surface (other than work necessary to prepare the application) is undertaken.

Should any variations be proposed that are not in accordance with the MPDC Development Manual 2010 being the preferred means of compliance a “Specification Variation Request” should be provided to Council for evaluation and confirmation.  The process is outlined within the Development Manual.  This is a variation to the specification within the MPDC Development Manual 2010, rather than a variation under the provisions of the Resource Management Act 1991.

6.1.3 Description of Subdivision Types

1. Residential, Business and Industrial (non -scheduled) Lot
   
   1. Minimum area of 500m2, “exclusive use area” provided that in any subdivision containing five or more lots one half of all lots shall have an area greater than 650m2 and a quarter of all lots shall have an area greater than 800m2.
      
      
   2. Minimum area of 350m2 “exclusive use area” in a Residential zone within 200m of a Residential/Business zone boundary.
      
      
   3. Or where within an identified Structure Plan Area (refer Activity Table 6.1.1) the following minimum and average lot sizes apply:
      • Density Area B
        Minimum area of 1,200m2 “exclusive use area” with a minimum average of 1.500m2.
      • Density Area C
        Minimum area of 800m2 “exclusive use area” with a minimum average of 1,000m2.
        
        
   4. A maximum of 10 additional lots may access Haig Road (Precinct F, Matamata) as from 1st December 2009.

 

2. Rural Lot (controlled activity)
   
   1. General performance standards
      For subdivisions utilising the Rural Lot rule (Rule 6.1.1.3(a) or 6.1.1.4(a)), the matters contained in Section 6.2.10 shall apply.
      
      
   2. General quality soils – additional performance standard
      For subdivisions utilising the general quality soils lot rule (Rule 6.1.1.4(a)) the following standard shall apply as a controlled activity:
      
      1. The parent lot shall contain no more than 25% high qaulity soils and site specific soil classification assessment from a suitably qualified person may be required to determine the amount of high quality soils on the site at a scale of 1:5,000
         
         
   3. Matters of control
      The matters of control within Section 6.3 shall apply.
      
      
   4. Non-compliance
      Any subdivision proposed which does not comply with (a) above shall be considered a discretionary activity. Any subdivision proposed which does not comply with (b) above shall be considered a non-complying activity. For a discretionary activity, the matters of discretion contained within Section 6.4 shall apply. For a non-complying activity the matters of discretion within Section 6.4 shall be used as a guide.

 

3. Small Rural Lots (controlled activity)
   
   1. General performance standards
      1. For subdivisions utilising Small Rural Lots (Rule 6.1.1.3(b) or 6.1.1.4(b)), the matters contained in Section 6.2.10 shall apply.
      2. Only one Small Rural Lot shall be subdivided per qualifying title under this rule.
      3. The balance lot shall contain a minimum area of 20ha.
      4. The Small Rural Lot shall contain a minimum area of 8ha.
         
         
   2. General quality soils – additional performance standard
      For subdivisions utilising the general quality soils rule (Rule 6.1.1.4(b)) the following standard shall apply:
      1. The parent lot shall contain no more than 25% high quality soils (by area) and a site specific soil classification assessment from a suitably qualified person will be required to determine the amount of high quality soils on the site at a scale of 1:5,000.
         
         
   3. Matters of control
      The matters of control within Section 6.3 shall apply.
      
      
   4. Non-compliance
      Any subdivision proposal which does not comply with (a) or (b) above and is not provided for by another subdivision rule shall be a non-complying activity. The matters of discretion within Section 6.4 shall be used as a guide for considering non-complying activities.
      
      
4. Rural lifestyle lots (restricted discretionary activity)
   
   1. General performance standards
      1. For subdivisions utilising the rural lifestyle lot rule (Rule 6.1.1.3(c) or 6.1.1.4(c)), the matters contained in Section 6.2.10 shall apply.
      2. Access shall not be directly on to a state highway.
         
         
   2. General quality soils – additional performance standard
      For subdivisions utilising the general quality soils rule (Rule 6.1.1.4(c)) the following standard shall apply:
      1. The parent lot shall contain no more than 25% high quality soils and a site specific soil classification assessment from a suitably qualified person may be required to determine the amount of high quality soils on the site at a scale of 1:5,000.
         
         
   3. Matters of discretion
      The matters of discretion within Section 6.4 shall apply.
      
      
   4. Non-compliance
      Any subdivision proposed which does not comply with (a) or (b) above shall be considered a non-complying activity. The matters of discretion within Section 6.4 shall be used as a guide for considering non-complying activities.
      
      
5. Rural-Residential Zone
   Minimum area of 2,500m² with a minimum average of 10,000m2.  Or where within a Structure Plan Area and identified as Density Area A (refer Activity Table 6.1.1) a minimum area of 2,500m2 “exclusive use area". Access to all lots created from the one title is to be from a new road or, if none is provided for, then from one entranceway off an existing road.  No new access is to be created off any state highway.

 

6. Boundary Adjustment
   
   1. Performance standards
      For subdivisions utilising the boundary adjustment rule (Rule 6.1.1.6) the following standards shall apply:
      1. The adjustment of boundaries between any existing allotments which will result in no additional lots being created and leave each of the allotments involved with substantially unchanged frontages and areas. A threshold of ten percent shall generally apply to the respective lot areas.
      2. No additional potential for a dwelling as a permitted activity and no additional subdivision potential is created, beyond what was already provided for prior to the application for a boundary adjustment.
      3. A variation to an existing cross lease plan that is required to show new building(s) and/or building line extension(s) provided that any new building(s) and/or extension(s) have obtained a building consent; and
      4. The matters contained in Section 6.2.10.
         
         
   2. Matters of control
      In the Rural zone – the matters of control within Section 6.3 shall apply.
      In all other zones – Sections 6.2.1 to 6.2.9 and Section 1 shall apply.
      
      
   3. Non-compliance
      Any subdivision proposed which does not comply with (a) above shall be considered a discretionary activity. The matters of discretion within Section 6.4 shall apply.
      
      
7. Works and Network Utilities
   In any zone the minimum size and frontage standards for subdivision shall not apply where a subdivision is required for the purposes of a network utility or public work.

 

8. Bonus protection lot
   
   1. Performance standards
      For subdivisions utilising the bonus protection lot rule (Rule 6.1.1.7) the following standards shall apply:
      1. Where an identified significant feature registered in the Plan or any other feature proven to be of natural, historical, ecological or cultural significance is to be legally and physically protected in perpetuity, one residential lot may be created from the parent lot where the area to be protected is 1 to 15 hectares in area provided that:
         One further house site may be permitted where the area to be protected is greater than 15 hectares provided however in both cases the whole of the bush, feature or area worthy of protection on the property must be protected and no area of bush or other feature can be left out or divided for the purposes of obtaining additional lots;
         The residential lot created is to have a maximum area of 5,000 m² and a minimum area of 2500 m² exclusive of the area/feature to be protected.
      2. Other "features of significance" shall require certification from an appropriately qualified person that the feature is of such value that it is in the public interest for the feature to be protected in perpetuity. The feature/area must be fully described and its intrinsic value ranked alongside other similar features.
      3. The house lot must be on the property which contains the area to be protected but it may be distant from the area to be protected and the area to be protected may remain within the balance lot rather than be within the residential lot.
      4. The legal protection of the area/feature shall be achieved by way of a condition of the subdivision consent which requires a legal instrument to be registered on the title of the newly created lot. An agreement regarding an encumbrance or covenant must be entered into before the issue of the Section 224 Certificate under the Act.
      5. The physical protection of the feature shall be achieved by the erection and maintenance of fencing to a stock proof standard. The area must be kept free of livestock and as far as is practicable pests, plants and animals subject of a Regional Pest Management Strategy, and domestic and feral cats and, if flightless or ground nesting native birds are present, free of dogs. All protected features shall be identified by signs and plaques in an appropriate position. The covenant or encumbrance shall include enforcement and penalty provisions.
      6. The matters contained in Section 6.2.10 below.
         
         
   2. Matters of discretion
      The matters of discretion within Section 6.4 shall apply.
      
      
   3. Non-compliance
      Any subdivision proposed which does not comply with (a) above shall be considered a non-complying activity. The matters of discretion within Section 6.4 shall be used as a guide for considering non-complying activities.

 

9. Boundary relocation lot
   
   1. Performance standards
      For subdivisions utilising the boundary relocation lot rule (Rule 6.1.1.8) the following standards shall apply:
      1. The relocation of the common boundary between two existing directly adjoining Certificates of Title (excluding Certificates of Title created by stopped road or railway severances);
      2. No additional potential for development shall be created for the new lots that did not exist prior to the application for boundary relocation;
      3. The resultant lot size of one title has a maximum area of one hectare and a minimum area of 2,500m^²;
      Advice Note: A larger minimum nett site area may be required to satisfy the requirements of the Waikato Regional Council for the disposal of stormwater and wastewater.
      4. The before and after number of Certificates of Title containing in excess of 40ha shall be at least the same;
      5. The matters contained in Section 6.2.10 below.
         
         
   2. Matters of discretion
      The matters of discretion within Section 6.4 shall apply.
      
      
   3. Non-compliance
      Any subdivision proposed which does not comply with (a) above shall be considered a non-complying activity. The matters of discretion within Section 6.4 shall be used as a guide for considering non-complying activities.

 

Explanation

The minimum Lot size has been defined to retain the open character of the residential and business areas of the District.

It should be noted that for scheduled sites only there is no provision for subdivision to avoid fragmentation and sale of the significant Industrial areas and their associate buffers to other operators.

Council has adopted the rural subdivision minima to protect the high quality soils of the District as expressed in Objective 3.3.2.1 O2, O3 and corresponding Policy 3.3.2.1 P1, P2 P3 concerning Sustainable Activities. High quality soils shall be protected from inappropriate fragmentation and only limited opportunity for rural lifestyle lots shall be provided in the Rural zone. The boundary relocation lot provision may also provide for rural lifestyle lots and the creation of larger rural productive lots.Council shall monitor the use of such lands over the term of this District Plan. P2 concerning Sustainable Primary Production and also Objective

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