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91 and 97 Formby Street - SUB-2017-43, LUC-2017-222 & LUC-2017-223 - subdivide into 9 lots

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Last updated: 22 Oct 2019 8:53pm

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

Notified resource consent details

Date notified 27 May 2017
Date closed 26/06/2017
Consent number SUB-2017-443, LUC-2017-222 & LUC-2017-223
Notification type Public notification
Name of applicant C C Otago Limited
Location of site 91 Formby Street, Outram, being the land legally described as Lot 2 Deposited Plan 7816 (CFR OT370/243; 1.6389ha); and 99 Formby Street, Outram, being the land legally described as Proposed Lot 2 (3.4ha) of subdivision consent SUB-2017-33, currently part of Part Section 1 Block V West Taieri Survey District (CFR OT264/53 Ltd; 3.6422ha).
Hearing Date 6 September 2017
Application description

Council has received an application to establish a residential dwelling on 1.63ha at 91 Formby Street on Rural-zoned land.


Council has also received an application to subdivide the land of Lot 2 SUB-2017-33 (part of 99 Formby Street) into nine lots, with land use to establish residential activity on each of the new lots. Lots 1 to 8 will be 1090m2 to 1550m2, fronting Formby Street and will be predominantly Residential 5-zoned land. Proposed Lot 9 will be a 2.6ha site of predominantly Rural-zoned land fronting Huntly Road and having access to Formby Street.
The subject sites have mixed Rural and Residential 5 zoning in the Dunedin City District Plan. The general area is identified as being subject to land stability, seismic and flooding risks. The sites have potential soil contamination.

The subdivision of Residential 5-zoned land into sites greater than 1000m2 is a restricted discretionary activity. Subdivision so as to create lots with less than 15.0ha of Rural-zoned land is a non-complying activity pursuant to Rule 18.5.2 of the Dunedin City District Plan. The establishment of new houses on sites with less than 15.0ha of Rural-zoned land 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 sites have mixed Rural – Taieri Plains and Township and Settlement zoning in the Proposed Plan. There is no DCC reticulated wastewater service provided. The sites have high class soils, and the general area is identified as being at risk of flooding.

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. Minimum site size for Township and Settlement zone is 1000m2. The land use rules for the Rural and Residential zones are not yet in effect or operative.

Overall, the proposed subdivision is considered to be a non-complying subdivision.
Date of decision 27/09/2017
Decision Granted - subdivide and establish residential activity on each lot

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