Resource Consents update – 6 October 2021

Kia ora,

This latest update is all about subdivision consents. If that's something you're dealing with at the moment, here's the latest information that could make your life easier.

Updated standard conditions

Telecommunications and energy supply clearance 
The standard telecommunications and energy supply condition has been updated. It now includes a requirement for as-builts, and for photos showing that the required ducts or cables have been laid to the net site area. It also requires that the network operators confirm that they have capacity for the new connections. 

Landscape bonds and conditions
Standard landscaping conditions have been updated to change the bond period from one year to two years. This is to help reduce the health issues we've seen with street trees beyond the previous one year bond period.

Easements in gross 
Easement areas which are to be the subject of easements in gross in favour of the Council must not be the subject of any other easements for the same purpose. The standard 'easements in gross' condition of consent has been updated to include this requirement.

For example, if a right of way or access lot contains a pressure sewer lateral, this requires an easement for the right to drain sewer in gross. A private easement to drain sewer over the same area must not be included.

Subdivision engineering

Road safety audit requirements
For most greenfield applications, the Council requires a road safety audit. This audit has three phases: with the application, at the engineering approval stage and at the post-construction stage. For more information on road safety audit procedures, visit Waka Kotahi NZ Transport Agency.

CSS and IDS update notifications
Subscribe here to regular notifications for the Construction Standard Specifications (CSS), Infrastructure Design Standard (IDS) and our Approved Materials List. 

NES for greenfield subdivisions

We’ve received queries from future purchasers of subdivision allotments about sites where the soil is contaminated above acceptable levels for residential use under the National Environmental Standards (NES) for Assessing and Managing Contaminants in Soil to Protect Human Health.

If a site has soil contaminant values above background levels but below the residential guideline standards, a resource consent will be required for the removal and disturbance of soil once construction of residential buildings occurs.

Anything below residential guideline standards is safe to remain on site and be used for residential activity. However, if there are contaminants at above background levels, it can't be disposed of offsite as clean fill. Please keep this in mind when remediating a site or preparing a subdivision application.

It's often more efficient for developers to obtain a global consent at the completion of subdivision works, when final contamination levels are better understood. This may require further testing from a specialist. As part of due diligence, developers should inform prospective purchasers of these sites of this information.

Section 239(2) certification (easements over reserves) 

Section 239(1) of the Resource Management Act requires that land being vested in the Council as reserve (as part of a subdivision) be free from encumbrances and other interests. However, s239(2) lets specified interests remain with the land if this is certified by the Council on the survey plan.

Section 239(2) certification is given as part of the subdivision process (in conjunction with the Section 223 certificate). Conditions relating to the easement(s) are included on the subdivision consent.

We recommend applying in advance, because processing the s239 certification can take a lot of time. To ensure this process runs smoothly, please have the easement documents for any other entities (such as Orion or Enable) ready to go prior to applying for s239. Our solicitor requires these documents and waiting for them can delay the process. 

To make a s239 request, please provide the title plan and the developer’s solicitor’s contact details.

Authority & Instruction (A&I) forms

When you require an A&I form from the Council, Anderson Lloyd Lawyers is involved in producing these on our behalf. Please contact Fiona Anderson at Anderson Lloyd directly in order to get this process underway.

An A&I form is generally required when dealing with consent notice cancellations, s239, s243, s240, and s241 certificates, etc.

Consistency between boundaries at the Land Use and Subdivision phases 

When the net site area is not accurately shown on the plans for a land use consent, it can cause issues at the subdivision consent stage.

This happens most often with applications involving two or more dwellings to be held in fee simple titles. If the boundaries don't match, it may be necessary to either amend the subdivision consent application or seek an amendment to the earlier land use consent under section 127 of the Act.

You can avoid potential issues for the land use consent by including:

• The net site areas associated with the existing dwelling and any proposed dwellings.
• The future legal boundary of an access and/or manoeuvring area (for compliance with access and internal boundary setbacks rules).
• Features like stormwater tanks, gas bottles and other utilities.
• Above-ground features on driveways such as downpipes, steps and kerbs.
• Accurate site coverage calculations. Common issues in addition to the above are:
  1) Eaves in excess of 600mm need to be included in the overall building area but are often excluded on the plans (an exemption typically only applies to eaves of up to 600mm).
  2) Where the cladding extends beyond the foundation, the measurement must be taken from the cladding, not the building foundation (in situations where eaves are excluded).

Ensuring that these items are accurately shown on the plans prior to submitting your land use consent application will help to avoid delays and unnecessary costs later on.

Ultimately, any change to the nominal boundaries between the land use consent and subdivision application will require a s127 application. 

If you have any questions, please get in touch. In the first instance, email John Higgins, our Head of Resource Consents, at john.higgins@ccc.govt.nz

You can also contact our team leaders directly if you have their contact details. We also send out surveys with every decision, and we encourage you to complete those to help us improve the service we can offer you.

For more information on all things Resource Consents, please email dutyplanner@ccc.govt.nz or call 941 8999.