In this, my second article about rural subdivision, I would like to discuss the various options available to those who wish to cut off a bit of land in the Kaipara District. Subdivision in rural Kaipara is relatively straight forward; and can be undertaken as a complying activity to a minimum site size of 4 hectares (Rule 11.5.1 of the District Plan).

Many options can be available to land owners.

However, what are your options if you wish to subdivide your property, and there isn’t quite either enough land to ensure that this threshold can be achieved?  Here are what I consider to be the four easiest options:

Option 1 – Boundary Relocations

Relocating the boundary between your property and a neighbour’s is easily done, and can help you achieve the 4 hectares required for a subsequent subdivision. It should be noted that this can sometimes be difficult to arrange; but provided that each neighbour knows what’s being done and why, this is one of the cheapest options available.

Option 2 – Protection of Bush or Wetland

Rule 11.5.1(d) provides for the protection of Historic or Natural features. Pursuant to this rule a new site can be as small as 4000m² if you protect either 4000m² of bush and scrubland or 2000m² of wetland.  It should be noted that no more than six sites can be created in total and the average area of all the lots must still be 4 hectares. There are generally some added costs associated with the assessment and protection of the ‘feature’, but the long-term visual and ecological benefits of this protection are priceless. 

Option 3 – Surplus Residential Dwellings
or Protection of Waahi tapu or other Culturally Significant Features

There are two rules in the District Plan that provide for the subdivision of land by utilising existing features. While these options are not widely available, they may be something that the owners of some of the older Kaipara properties may be interested in pursuing.

The first involves the protection of Waahi tapu or other Culturally Significant Features (11.5.1(c)). Pursuant to this rule, it is possible to subdivide your land in exchange for the protection of the feature. If you believe that your land contains such a feature it is highly recommended that you approach the Council in the first instance as they will be able to direct you to the appropriate Iwi or other specialist for further advice.

The second (which may seem straight forward) allows you to subdivide land around older dwellings that are surplus to ‘farming, factory farming, or forestry needs of the property’ (Rule 11.5.1(e)). You should note that this rule is not quite as straight forward as it first appears, and I would recommend giving us a call to discuss this if it is an option for you.

Option 4 – Discretionary Activities

Rule 11.5.1(2) allows for the subdivision of land under the rules described above where the proposal does not meet the qualifying criteria. This rule also allows for the subdivision of land down to 4000m² with an average net site area of 4ha without the need to protect any feature. However there is a catch. A discretionary activity is slightly different to those activities described above as Council ultimately has the discretion to grant / decline the application. While a Council will not generally ‘decline’ an application outright, it can choose to notify it to allow affected parties the opportunity to comment.

This may not initially sound like an easy option (and sometimes it’s not) but if you can prove that your proposal will not adversely affect either the environment or any other person, then there is no reason to expect that Council will decline your application. As always I would strongly suggest that you start by discussing your options with Cato Bolam Consultants Ltd as this can reduce a lot of cost and stress in the future.

Next month I will be discussing the development options available to those who are lucky enough to own coastal property.