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Dunedin City Council – Kaunihera-a-rohe o Otepoti

243 & 243A Saddle Hill Road - SUB-2016-98 & LUC-2016-496 - subdivision

Resource Consent application - Under Section 93(2) of the Resource Management Act 1991.

Notified resource consent details

Date notified 02 November 2016
Date closed 30/11/2016
Consent number SUB-2016-98 & LUC-2016-496
Notification type Public notification
Name of applicant JNA & SR Broekhuyse
Location of site 243 & 243A Saddle Hill Road, Saddle Hill, being that land legally described as Lot 5 DP 317701, held in Computer Freehold Register 69457. The site is a rural property having an area of 34.1189ha. There are two existing dwellings on-site.
Hearing Date
Application description

Council has received an application to subdivide the subject site into two lots, each containing an existing residential unit. Proposed Lot 1 will be a site of 33.29ha, and proposed Lot 2 will be a site of 8250m2. Access arrangements to the new lots will continue as at present via the shared driveway.

The subject site is zoned Rural in the Dunedin City District Plan, and it is situated within the Saddle Hill Landscape Conservation Area. 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 containment of one residential unit on an undersized Lot 2 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 proposal does not involve new construction within the landscape conservation area.

The Proposed Second Generation District Plan (“the Proposed Plan”) was notified on 26 September 2015. 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, and is within the Saddle Hill Significant Natural Landscape area. It is in a Wahi Tupuna Site 56. Portions of the site are subject to land instability risk.

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.

Date of decision 12/01/2017
Decision Granted - subdivision consent to subdivide into 2 lots, and land use consent for the containment of an existing dwelling on a new undersized Rural-zoned Lot 2 and bulk and location breaches of an existing accessory building on Lot 1

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