35 & 35A Musselburgh Rise - SUB-2018-84 & LUC-2018-419 - subdivision consent to create 3 lots & land use consent for residential activities

The applicant seeks to re-subdivide the cross lease properties so as to create three fee-simple lots. The residential unit of 35 Musselburgh Rise will be situated on proposed Lot 1, a site of 332m2 which will align with the extent of the present Covenant Area A.

Proposed Lot 2 will be a site of 278m2 containing the residential unit of 35A Musselburgh Rise and its curtilage. This will be smaller than the present Covenant Area B.

Proposed Lot 3 will be a vacant site of 500m2 situated at the south-eastern (front) end of the site. The applicant intends to build a new dwelling on Lot 3, and has submitted plans and elevations of the intended design.

The sites are zoned Residential 1. The extreme northwest corner is shown on the Hazards Register as 10111 – Intensified Shaking. The general area is shown as 11454 – Coastal Inundation.

The subdivision of land into sites smaller than 500m2 is considered to be a non-complying activity pursuant to Rule 18.5.2. The establishment of new houses on sites with less than 500m2 of Residential 1-zoned land is also a non-complying activity pursuant to Rule 8.7.6(iii). The proposed house on Lot 3 will have sufficient land area to be a permitted residential development, but will breach the side yard and height plane angles in respect of the boundary of 33 Musselburgh Rise, and the height plane angle in respect of the boundary of 1 Belmont Lane.