23.6 Rules - Specific Standards

This section is subject to the following plan c​hange- Proposed Plan Change 6- Regulatory Efficiency and Effectiveness Plan Chang​e​
​​​​a)​​The standards of Rule 23.6 shall not apply to the subdivision of land to accommodate a network utility service.

23.6.1 Subdivision in the Ruakura Structure Plan Area

a) Any subdivision which creates new allotments in the Ruakura Structure Plan area cannot initiate land use or development which is contrary to Rules 3.7.4.1 to 3.7.4.5 and Rule 3.7.5 of Chapter 3: Structure Plans, except as provided for within the Large Lot Residential Zone.
b) A consent notice may be registered against the title of any new allotment to ensure compliance with the Ruakura Structure Plan area rules in Rules 3.7.4.1 to 3.7.4.5 and Rule 3.7.5 of Chapter 3: Structure Plans.
c)​ Any subdivision which creates new allotments, and is in accordance with (a) and (b) above where applicable, shall be in accordance with the zoning of the land as identified on the Planning Maps and in accordance with Rule 3.7.4.1.​ 

23.6.2 Company Leases and Unit Title Subdivision

​a) Where an allotment is subject to an application for subdivision consent by way of company lease or unit title subdi​vision the following rules shall apply.​
i.​ All existing buildings to which the subdivision relates shall have:
  • Existing use rights.
  • Been erected in accordance with a resource consent or certificate of compliance and building consent has been issued.
  • Comply with any relevant standards.​
b)​ All areas to be set aside for the exclusive use of each building or unit shall be shown on the survey plan, in addition to any areas to be used for common access or parking or such other purpose.​
c)​ In all staged subdivisions, provision shall be made for servicing the building or buildings and all proposed future buildings on the allotment.  ​
d)​ Where subdivision consent has been approved, no alterations shall be made to the position of the boundary lines delineated on the survey plan, or otherwise defined, without further subdivision consent.​
e)​ A design report shall be submitted detailing the effects of the proposed subdivision on the existing buildings pursuant to Section 116A of the Building Act 2004.​
f)​ If alterations to buildings are necessary to fulfil the requirements of the Building Act or conditions of subdivision consent, they shall be undertaken in terms of a building consent and completed before the issue of a certificate under Section 224 of the Resource Management Act 1991. Such alterations shall comply with the relevant standards of the relevant zone and this chapter.​

23.6.3 Amendments to a Cross-lease, Company Lease or Unit Title Plan

​a) The am​endments shall be for the purpose of showing alterations to existing buildings or additional lawfully established buildings​.​
b)​ The alteration shall be either permitted or otherwise lawfully established.​

23.6.4 Cross-lease to Fee Simple Subdivision

​a) The prop​osed boundaries shall align with those exclusive uses area boundaries on the cross-lease plan. Where no exclusive use areas are shown on the cross lease plan the boundaries shall align with the exclusive and established pattern of occupation associated with the existing underlying development.​
b)​ Where required to protect services, easements shall be provided.​
​c)​Rule 23.7 – Subdivision Design Standards shall not apply to subdivisions under this rule. 
​d)​The relevant land use rules in the respective zones (excluding Chapter 25.13 Three Waters) shall not apply to existing legally established buildings.

23.6.5 Leasehold Subdivision​

​Where an allotment is subject to an application for subdivision consent by way of leasehold subdivision the following rules shall apply where relevant.
​a)​Section 23.4 Application of the Transport Corridor
​b)​Section 23.5 Rules - General Standards
​c)​Section 23.6 Rules - Specific Standards
​d)​Section 23.7 Subdivision Design Standards

23.6.6 Boundary Adjustments

a) Any boundary adjustment shall not result in the creation of additional allotments, except in circumstances where a boundary adjustment creates an additional allotment or allotments which are required to be held together with another allotment or allotments by way of compulsory amalgamation condition.​​
b)​ A​ny boundary adjustment shall not alter the size of an existing allotment by greater than 10% of the registered allotment size.​
c)​ Any allotment subject to a boundary adjustment shall comply with all relevant development and performance standards.​
d​ Where required to protect services, easements shall be provided.​

23.6.7 Subdivision Activities within the Electricity National Grid Corridor

a) Any subdivision which creates new allotments within the Electricity National Grid Corridor shall identify a building enve​lope, compliant with the relevant zone standards and the standards of this Chapter and clear of the National Grid Yard.​
b)​ Failure to comply with the above standard will result in the proposal being assessed as a non-complying activity.​

23.6.8 Subdivision in the Medium-Density Residential Zones and Rototuna Town Centre Zones

​a) Subdivision shall only take place in conjunction with a Comprehensive Development Plan or Land Development Plan application or after a Com​​prehensive Development Plan or Land Development Plan application has been granted.​ References to Land Development Plan in this rule relate to the Te Awa Lakes Medium-Density Residential Zone.
b)​ Allotment area and configuration shall conform to the allotment areas approved as part of the land-use consent.​
c)​ A consent notice shall be registered against the title of each allotment to ensure compliance with the terms of the land-use consent.​
​d)​The standards in Rule 23.6.8 a) to c) do not apply to subdivision to accommodate a network utility service or transport corridor.
​e)Subdivision in Land Development Plan Areas Q and R and Area X in the Business 6 Zone, shown on Figure 2-21 in Appendix 2 Structure Plans, that does not comply with a) above is a prohibited activity​.

 
Note 
1. Refer to Rule 23.6.1 for Medium-Density Residential Subdivision in the Ruakura Structure Plan area​

23.6.9 Subdivision in the Te Rapa North Industrial Zone

​a) Subdivision occurring in Stage 1A shall only occur over the following land areas:​
i.​ Post the Te Rapa section of the Waikato Expressway being open for public use, and prior to 1 January 2021 no more than 7ha of land shall be able to be su​bdivided; 7ha only in Stage 1A.​
ii.​ After 1 January 2021 a maximum of 23ha of land shall be able to be subdivided, 23ha in Stage 1A being additional to the 7ha provided for in Stage 1A prior to 2021.​

23.6.10 Subdivision Within Stage 1 of the Peacocke Structure Plan Area

a) As part of any subdivision of Sec 1 SO 57582 or the balance of this parent lot, the following infrastructure requirements shall be met and certified by Council.
i.​ Upgra​​ding of the existing wastewater network to provide for future development on the site.
ii.​ Implement a solution at the Dixon Road and State Highway 3 intersection that mitigates the adverse effects of potential traffic volumes from within Stage 1.
iii.​ Any subdivision that does not comply with i) and ii) above will be a non-complying activity.​

23.6.11 Subdivision in the Peacocke Character Zone

Activity
Standards
Terraced Area
Gully Area and Hill Areas
a) Fee Simple Subdivision for lots greater than 10ha
180m frontage onto a formed and sealed legal road forming part of the City’s transport network
b) Fee Simple Subdivision for lots be​tween 10ha and 2ha in the Terrace Area and between 10ha and 5000m² in the Gully and Hill Areas
​ ​ ​ ​
1. Lots between 10ha and 2ha 
2. Lots between 10ha and 5000m²           
i.​ Only applies to allotments created prior to 1 September 2011 or if the allotment  was created by an acquiring authority, or by boundary adjustment ​ i.​ Only applies to allotments created prior to 1 September 2011 or if the allotment was created by a requiring authority, or by boundary adjustment​
ii.​ Limited to one new lot per parent title, other than for utility and access allotments​ ii.​ Average lot Size = 1ha​
iii.​ Limited to one new lot per parent title other than for utility and access allotments​
Note
1. A simple Integrated Transport Assessment (ITA) is required as part of the subdivision consent information requirements (refer Volume 2, Appendix 1.2.2.14)
2. A Subdivision Concept Plan is required as part of the subdivision consent information requirements (refer Rule 25.14.3​)​ ​
c) Fee Simple Subdivision for lots less than 2ha in the Terrace Area and less than 5000m² in the Gully and Hill Areas
 
​ ​ ​ ​
1. Lots Less than 2ha
2. Lots less than 5000m²
i.​ Provide full urban infrastructure​ i.​ Provide full urban infrastructure​
ii.​ Connection to the existing wastewater network to the satisfaction of Council​ ii.​ Connection to the existing wastewater network to the satisfaction of Council​
iii.​ Provision of a transport corridor connection across the Waikato River to join with the existing transport network​ iii.​ Provision of a transport corridor connection across the Waikato River to join with the existing transport network​
Note
1. A Master Plan is required as part of the subdivision consent information requirements (refer Volume 2, Appendix 1.2.2.3)​
d) Boundary R​elocation Subdivision
i.
Minimum lot size of 5000m²​
ii.​ Shall not create any additional certificates of title.​
iii.​ All lots involved in the subdivision shall have formed and legal vehicle access​
iv.​ A concept plan shall be prepared showing how the allotments in the subdivision can be subsequently re-subdivided in accordance with Volume 2, Appendix 1.2.2.2
​e) Any subdivision, other than for urban purposes, shall be required to have a consent notice placed on all titles issued from th​​e subdivision (including the parent lot) requiring the payment of any outstanding development contributions prior to the subdivision of the title for urban purpose being allowed.​
f)​ Except that the lots approved via subdivision consents (Council Consent Reference Numbers: 11.2009.20620, 11.2009.20621, 11.2099.20769, 11.2009.20770, 11.2007.18574, and 11.2011.22366) granted over the land described as Pt Lot 6 DP 34164, Lot 1 DPS 12991, Lot DPS 78023, Lot 1 DPS 76734, Lot 5 DPS 45202, Lot 2 DP 23381, Lot 5 DP 17475 Lot 8 DP 34164, Allotment 87, Pt Allotment 93 and Pt Allotment 94 Te Rapa PSH, Lot 3 DPS 45202, lots 1, 2 and 3 DPS 40592 and Lots 1, 2, 3, and 4 DPS 81210 can be used to create up to 52 lots for urban purposes without complying with Rule 23.6.10(c)1 or 2 provided that:​
i.​ A wastewater system sufficient to service urban purposes is provided and certified by Council.​
ii.​ A stormwater disposal solution is provided and certified by Council.​
iii.​ A Master Plan for the area of not less than one neighbourhood, as identified within Volume 2, Appendix 2, Figure 2-3. Refer to Volume 2, Appendix 1.2.2.3 for information requirements.​
iv.​ No further subdivision creating additional allotments is permitted unless Rule 23.6.11(c)1 or 2 is complied with.​
g)​ Any subdivision for urban purposes that is in accordance with an approved Master Plan shall not be required to prepare an Integrated Catchment Management Plan.​
h)​ Any subdivision for urban purposes that is in accordance with an approved Master Plan shall not be required to prepare an Integrated Transport Assessment.​
i)​ Any subdivision within the Peacocke Character Area which does not comply with the standards in Rule 23.6.11 will be a non-complying activity.​

 23.6.12 Subdivision in the Rototuna North East Character Zone

​a)​The maximum development yield shall be 1100 residential units.​
​b)​The provision of a neighbourhood park area:
​i.The first subdivision of land adjoining the Waikato Expressway designation (Designation E90) shall submit for approval as part of the subdivision, a neighbourhood park concept plan, consisting of detailed plans and supporting documentation for the entire future reserve area as located on the Rototuna Structure Plan.
​ii.​The neighbourhood park shall:

•  Ensure varied widths no less than 20m.

•  Address and accommodate topographical constraints to ensure usability of the area for informal recreation.

•  Include flat open spaces for informal recreational.

•  Include one area of between 300m2 and 800m2 for the provision of a children’s play area. The location and design of this plan area shall ensure the safe operation of the playground and shall have regard to any stormwater attenuation areas and the roading and cycling network. Where necessary, additional safety measures will be taken, such as fencing.

•  Include landscaping areas to provide an interesting and varied visual amenity for the area.  These areas are to include varied vegetated areas (with the exception of the proposed Cycle and Walking access point across the Waikato Expressway, stormwater attenuation areas and identified viewing areas shown on the Rototuna Structure Plan) having a minimum planting width of 2m when parallel to the boundary of the Waikato Expressway, and consisting of native vegetation capable of reaching heights of at least 8m at maturity.

•  Reflect the principles of Crime Prevention Through Environmental Design (CPTED).

•  Include both a walking and cycling network in accordance with the Rototuna Structure Plan.

•  Show how the area will relate to its surrounding area, including the Waikato Expressway.
​iii.​Any subdivision of land adjoining the Waikato Expressway (Designation E90) shall have regard to and implement the portion of the approved neighbourhood concept plan over the land area the subdivision is for at the time of subdivision.
​c)​​At the time of subdivision of land and only if either the location of the carriageway within the designation corridor of the Waikato Expressway has been confirmed in writing by the Requiring Authority; or confirmed through an Outline Plan of Works approval under S.176A of the RMA; or construction is underway or completed; the following shall be identified on the subdivision plan to be submitted for consent:
​i.​A 55dBLAeq(24hr) contour line from the Waikato Expressway carriageway boundary utilising the following criteria:

•  Traffic flow of 12700 vpd

•  10%HCV

•  Vehicle speed of 100km/hr (or the posted speed limit if that is lower)

•  Noise mitigation as confirmed by an approved Outline Plan of Works for Designation E90

•  Finished ground levels based on the proposed subdivision design
​ii.​Identification of all lots where any boundary is intersected by the 55 dBLAeq(24hr) contour line.

23.6.13 Subdivision of Lot 2 DP425316 Lake Waiwhakareke Landscape Character Area

Subdivision shall only take place in conjunction with a Comprehensive Development Plan application or after a Comprehensive Development Plan application has been granted.

23.6.14 All Subdivision in the Te Awa Lakes Structure Plan area

a)​​A consent notice shall be registered against the title of each allotment to ensure com​​pliance with the terms of the land use consent relating to the management and eradication of alligator weed.​


Page reviewed: 07 Sep 2020 1:24pm