25 Ashton Street - SUB-2017-5, LUC-2017-52 & LUC-2017-236 - subdivide into 2 lots

Council has received an application to subdivide the land at 25 Ashton Street, Mosgiel, into two lots, and to establish residential activity on both new lots. The subject site is a rural property. It has access via Ashton Street. There is a listed historic house and accessory buildings on-site.

The proposed subdivision will create new lots of 6.03ha and 3.55ha. The existing house will be retained on the smaller lot. Residential activity is proposed for the larger lot. There is no specific building proposal.

The subject site is zoned Rural in the Dunedin City District Plan. The general area is identified as being subject to land stability, seismic and flooding risks. The existing house is listed in Schedule 25.1 as B633 – Johnstone Farmhouse (Heritage NZ Register 7146). There are a number of trees on-site listed in Schedule 25.3.

Subdivision of a Rural-zoned site into lots smaller than 15.0ha is a non-complying activity pursuant to Rule 18.5.2 of the Dunedin City District Plan. The establishment of the existing house and a proposed dwelling on sites smaller than 15.0ha is also a non-complying activity pursuant to Rule 6.5.7(i). Separate land use consents have been lodged for Lot 1 (LUC-2017-52) and Lot 2 (LUC-2017-236).

The Proposed District 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 site is zoned Rural – Taieri Plains in the Proposed Plan. It has high class soils, is part of a wahi tupuna site, and the general area is identified as being at risk of flooding. The house is a listed heritage building B633, and the above trees are also listed in the Proposed Plan.

Rule 16.7.4 specifies a minimum site size of 40.0ha for lots created by subdivision in the Rural – Taieri Plains 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.

Overall, the proposed subdivision is considered to be a non-complying subdivision.