90 Orokonoui Road - SUB-2018-63 & LUC-2018-347 - Subdivision & residential activity

The proposal is to subdivide the subject site into eleven residential lots in stages. The lots will range in size from 2360m2 to 1.79ha, and all will obtain access from the end of Orokonui Road via right of way over 3 Chelivode Street.

Some of the lots will contain existing buildings which are used for, or may be converted to, or will be replaced by, residential activity. New residential activity is to be established on the remaining lots. In total, there will be eleven residential units and a family flat. The applicant has also requested that consent for a former tavern be reissued for the tavern to be established on proposed Lot 41.

The subject site is zoned Rural in the Dunedin City District Plan and there is an Esplanade strip requirement along a watercourse through the site. There is a listed tree T887 – Quercus robur (Oak) at the northern (lower) end of the subject site. The Hazards Register identifies the following hazards: 10106 – Land Movement, 11407 – Liquefaction, and 11749 – Contaminated Land.

The subdivision of land into sites smaller than 15.0ha, and the use of a private access by more than 12 users, is considered to be a non-complying activity pursuant to Rule 18.5.2. The establishment of new houses on sites with less than 15.0ha of Rural-zoned land, and the commercial activity, is also a non-complying activity pursuant to Rule 6.5.7(i).

The Proposed Second Generation District Plan (“the Proposed Plan”) was notified on 26 September 2016. Rules 16.7.4 (minimum site size for rural zones) and 16.9.5.5 (assessment of subdivision performance standard contraventions – minimum site size) were given immediate legal effect pursuant to section 86D of the Resource Management Act 1991 at the time of notification. Accordingly, the Proposed Plan rules also need to be considered alongside the Dunedin City District Plan rules.

The subject site is zoned Rural-Coastal in the Proposed Plan. It is subject to Hazard 2 – Coast Flood. The same tree is listed as T887.

Rule 16.7.4 specifies a minimum site size of 40.0ha for lots created by subdivision in the Rural – Coastal zone. The proposed subdivision is therefore a non-complying activity pursuant to Rule 16.7.4.3. The land use rules for the Rural zones are not yet in effect or operative.

The subdivision proposal and development of some of the new lots is subject to the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (NES). Overall, the proposed subdivision is considered to be a non-complying activity. The land use proposal is also considered to be a non-complying activity.