Appendix 10
Summary of Other Districts’ Approaches
291
Table 10.1:
Hauraki District Plan Rural Subdivision Provisions
Rule Type
Activity Status
Rule
General Lots
Controlled Activity in the Rural Zone.
Lifestyle Lots
Controlled Activity in the Rural Zone where the land is not of high
productive value.
Minimum Lot Size
General Lots
The minimum lot size varies depending on the established and
predominant land use and productive nature of the land.
All Rural areas (excluding Waihi Basin) the minimum net lot area is 40
hectares.
For the Waihi Basin, the minimum net lot area is 6 hectares and a minimum
net lot dimension of 100m x 100m.
Non-compliance with the minimum lot size area the proposal will default to
a non complying activity status.
Lifestyle Lots
Lifestyle Lots in the Plains and Waihi Basin Areas
For Lifestyle Lots, the minimum lot size shall be 5,000m
2
2
The minimum residential area shall be 1000m .
The maximum lot size shall be 2 hectares.
The balance area of any subdivision creating the Lifestyle Lot shall comply
with the requirements for General Lots in the Rural Zone.
Non-compliance with the minimum lot size area the proposal will default to
a non complying activity status.
Lifestyle Lots may be created in the Waihi Basin and Plains area
where the Lifestyle Lot is physically separated from the balance area
of the title by: a permanent watercourse; an existing public road
maintained by Council, an operative railway; a reserve under the
Reserves Act 1977; an area protected under the Wildlife Act or the Te
Ture Whenua Maori Act or any such other physical or legal feature.
For All Other Parts of the Rural Zone:
For each Certificate of Title that existed at 26 September 2000, or
that was issued as a result of a Resource Consent granted on or
before 26 September 2000, the land may be subdivided to create a
maximum of five lifestyle lots.
The lifestyle lots shall comply with the following:
292
Table 10.1:
Hauraki District Plan Rural Subdivision Provisions
Rule Type
Rule
2
No more than two lots shall be between 5,000m and 2 hectares, all other
lifestyle lots shall be a minimum of 2 hectares.
2
The lifestyle lots shall as a minimum contain a residential area of 1,000m .
The lifestyle lots shall not contain land with a Land Use Capability Class of
Class VII or VIII.
The balance area of any subdivision creating one or more lifestyle lots shall
comply with the requirements for General Lots (see Rule 9.4.1.1(1)), unless
the balance area also complies with the requirements for creating Lifestyle
Lots.
The minimum road frontage shall be 50 metres.
Lifestyle Lots that do not meet the above criteria are assessed as a
discretionary activity.
Maximum Lot Size
For Lifestyle Lots in the Plains and Waihi Basin Areas, the maximum lot size
shall be 2 hectares.
Average Lot Size
None.
Provision of a RuralResidential Zone
A Low Density Residential Zone has been provided in specific
locations adjoining towns to provide for those people wanting a
predominantly residential site in a semi-rural environment.
To ensure that this land resource is available to meet the needs of the
immediate future generations, the subdivision standards are designed to
ensure efficient use of the land for residential purposes and associated
activities in a low density living environment in a manner where adverse
environmental effects are able to be avoided or mitigated.
Number of Dwellings per
Site
Permitted Activities
One dwelling on each Certificate of Title containing up to 40 hectares
of land.
Two dwellings on each Certificate of Title containing more than 40
hectares of land.
Discretionary Activities
Non-compliance with the above provision.
Definitions
High Productive Capability
Means land containing soils with high versatility for productive purposes as
defined on Planning Maps M1 to M4, and referred to as the Plains and
293
Table 10.1:
Hauraki District Plan Rural Subdivision Provisions
Rule Type
Rule
Waihi Basin areas.
Land Use Capability Class (LUC)
Means Land Use Capability Class as defined in the New Zealand Land
Resource Inventory Worksheets published by the National Water and Soil
Conservation organisation.
Other
Special Purpose Lots
Papakainga Housing
Controlled Activity
294
Table 10.2:
Operative Waipa District Plan - Rural Subdivision Rules
Rule Type
Activity Status
Rule
Subdivision in the Rural Zone is generally a Discretionary Activity.
Boundary adjustments are a Discretionary Activity.
Minimum Lot Size
The minimum net lot area shall be 25 hectares.
Maximum Lot Size
There is no maximum net lot area.
Average Lot Size
The average net lot area shall be 40 hectares.
Except for lots created by the transfer of development rights to areas
of Class III (except Class III(e)) – VIII soils and lots created by boundary
adjustments there is no average net lot area.
Other Subdivision Rules
Road Frontage
The minimum frontage for front lots shall be 20m.
Shape Factor
Shape factor being a 30m diameter circle applies, exclusive of any building
setback requirement and that it is a suitable area for the construction of a
building.
Provision of a RuralResidential Zone
Rural-Residential Zone
2
The minimum net lot area is 2,500m .
The average of the net lot areas excepting the balance of any existing
2
lot exceeding 4 hectares shall be not less than 5,000m . Where an
2
allotment is under 5,000m there shall be a corresponding allotment
2
over 5,000m .
Minimum shape factor – each lot shall be capable of containing a
30m diameter circle.
Number of Dwellings per
Site
Permitted Activities
Up to two dwellinghouses are permitted on any site provided that
2
one dwellinghouse does not exceed 70m in GFA and that it shall be
used by dependent relatives of the occupiers of the principal
dwelling.
Discretionary Activity
Non-compliance with the above rule will render the application a
discretionary activity.
Definitions
-
Other
Protection of Prime Agricultural Land
No site shall be used for an activity that will prevent the future use of
295
Table 10.2:
Operative Waipa District Plan - Rural Subdivision Rules
Rule Type
Rule
the site for the production of vegetation by the establishment of new
buildings and/or hard surface areas provided that:
Up to two dwellinghouses and accessory buildings.
Any building or soil coverage ancillary to any lawfully established activity.
Existing and proposed marae and associated buildings including
dwellinghouses on Maori-owned land.
Discretionary Activities
Any subdivision intended for:
Person with a Long Association with a Holding
2
The net lot area shall not exceed 5,000m and shall not be less than
2
2,500m .
Surplus Dwellings
2
The net lot area shall not exceed 5,000m and shall not be less than
2
2,500m .
Maori Dwellings
2
The net lot area shall not exceed 5,000m and shall not be less than
2
2,500m .
Dwelling on Land with Little or No Productive Value and
Topographical Restraints
2
The net lot area shall not be less than 2,500m and only one lot can be
created under this Rule.
Environmental or Heritage Protection
2
The net lot area shall not be less than 2,500m .
Activities with Land Use Consents
2
The net lot area shall not be less than 2,500m .
Is a discretionary activity
Papakainga Housing
Discretionary Activity
296
Table 10.3:
Draft Waipa District Plan - Rural Subdivision Rules
Rule Type
Rule
Activity Status
Subdivision in the Rural Zone is generally a Restricted Discretionary
Activity.
Boundary adjustments, relocations and amalgamations are a
Discretionary Activity.
Where the subdivision does not comply with the performance
standards, the proposal will default to a non-complying activity.
2
Minimum Lot Size
The minimum net lot area shall be 2500m .
Maximum Lot Size
There is no maximum net lot area.
Average Lot Size
The average net lot area shall be 40 hectares.
Except for lots created by the transfer of development rights to
areas of Class III (except Class III(e)) – VIII soils and lots created by
boundary adjustments there is no average net lot area.
Other Subdivision Rules
Road Frontage
For new lots created in the Rural Zone, the minimum frontage shall be
20m.
Shape Factor
Each lot shall be capable of containing a 30m diameter circle, exclusive of
any building setbacks or easements, and is a suitable area for the
erection of a building.
Provision of a RuralResidential Zone
Large Lot Residential Zone
Number of Dwellings per Site
Permitted Activities
Areas zoned Large Lot Residential are provided within, or on the margins
of existing towns and rural villages.
Where the landholding area is up to 40 hectares, one dwelling plus
2
one additional dwelling of less than 70m GFA is permitted.
Where the landholding area is between 40 hectares and 80
hectares, one additional dwelling is permitted.
Where the landholding area is greater than 80 hectares, two
2
dwellings plus one additional dwelling of less than 70m GFA is
permitted.
Restricted Discretionary Activity
Non-compliance will result in the proposal being assessed as a
Restricted Discretionary Activity.
Definitions
Prime Agricultural Land
Land having high actual or potential value for agricultural production. It
includes all Class I, II, or III land shown on the New Zealand Land
297
Table 10.3:
Draft Waipa District Plan - Rural Subdivision Rules
Rule Type
Rule
Inventory Resource Worksheets except when detailed investigation
demonstrates that the particular site does not qualify as Class I, II or III
land or where previous use has rendered the site unsuitable for
agricultural use or has otherwise significantly reduced the productive
potential of the land.
Other
Transferable Development Rights
Subdivision that utilises Transferable Development Rights is a
Discretionary Activity.
Land Use Consent
Subdivision to create a lot to accommodate an activity for which
land use consent has been granted is a Discretionary Activity.
Public Benefit Lots (i.e. Environment Protection)
Subdivision to create a public benefit lot is a Discretionary Activity.
Papakainga Housing
Discretionary Activity
298
Table 10.4:
Waikato District Plan - Rural Subdivision Rules incorporating the Decisions of Plan Change 2
(formally known as Variation 16)
Rule Type
Rule
Activity Status
Old Certificate of Title (pre-1997)
Subdivision is generally a restricted discretionary activity in the Rural
Zone.
Number of Lots that can be
Created
Old Certificate of Title (pre-1997)
One additional lot can be subdivided from an old Certificate of Title as a
restricted discretionary activity.
Subdivision that does not comply with a condition for a restricted
discretionary activity is a non-complying activity.
Eligibility to Subdivide
The parent lot must be at least 6 hectares in size.
Minimum Lot Size
Net site area of at least 1.6 hectares.
Maximum Lot Size
Only one new lot has an area of 4ha or more.
Average Lot Size
-
Other Subdivision Rules
Road Frontage
Every allotment with a road boundary (other than access lot, access leg)
shall have a width at the road boundary of at least 60m.
Every lot is provided with vehicle access to a public road.
Shape Factor
A circle with a diameter of at least 30 metres exclusive of boundary
2
setbacks or a rectangle of at least 1,000m of which each dimension is at
least 25 metres.
Building Platform
Circle with a diameter of at least 18 metres located within the shape
factor.
Provision of a RuralResidential Zone
Country Living Zone
Number of Dwellings per
Site
Permitted Activities
Provides for low density living at specific locations in rural areas. Rules
seek to manage activities to maintain a high standard of amenity.
One dwelling per Certificate of Title
Where the land area is at least 100 hectares, two dwellings per Certificate
of Title.
Discretionary Activities
Activities that do not meet the standards above.
299
Table 10.4:
Waikato District Plan - Rural Subdivision Rules incorporating the Decisions of Plan Change 2
(formally known as Variation 16)
Rule Type
Rule
Definitions
-
Other
Boundary Adjustments
Controlled activity.
Boundary Relocation
Discretionary activity (defaults to a non-complying activity).
Conservation Allotment
Restricted discretionary if the land being subdivided contains an area
of significant vegetation or significant habitat of indigenous fauna
that is legally protected. The number of allotments that can be
created is dependent on the size of the area being protected.
Dependent Person’s Dwelling
One dependent person’s dwelling permitted per site as a
discretionary activity. Required to be within 20m of the main
dwelling, shares a driveway and outdoor living area with the main
dwelling, for a dependent relative and have a gross floor area less
2
than 70m . Defaults to a non-complying activity.
Papakainga Housing
A permited activity if it is within the Papakinga Policy Area and complies
with the relevant plan provisions. Otherwise it defualts to a discretionary
activity.
A permitted activity if it is on Maori Freehold Land with a gazetted purpose
for papakinga housing and not within a policy area. Otherwise it defualts
to a controlled activity.
300