82 Riccarton Road East, Mosgiel - SUB-2016-28 & LUC-2016-169 - subdivision into 2 lots

Council has received an application to subdivide 82 Riccarton Road East into three lots of 2.0 to 2.5ha, and to establish residential activity on each of the new lots. The subject site has undulating topography comprised of pastoral land, and has two barns on-site, one of which is used as a temporary residence.

The subject site is zoned Rural in the Dunedin City District Plan. The general area is identified as being subject to land stability risks.

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 proposed residential activity is also considered to be a non-complying activity pursuant to Rule 6.5.7(i) as the District Plan requires 15.0ha of site area for a residential activity.

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 Second Generation Plan. There are land stability risks identified for this site.

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.