94 Holyhead Street - SUB-2017-49 & LUC-2017-255 - subdivide into 15 residential lots

Council has received an application to subdivide the land of Lot 27 SUB-2017-32 (part of 94 Holyhead Street) into fifteen residential lots, road, and pedestrian accessway. The residential lots will range in size from 1010m2 to 1550m2. Access will be predominantly to Holyhead Street, with three lots to have access to Mountfort Street (SH 87). Land use consent is required to establish residential activity on the new residential lots. The subdivision proposal includes earthworks.

The land of Lot 10 SUB-2017-32 is zoned Residential 5. It is to be subdivided so as to create a road to serve the above lots and two land parcels to be amalgamated with adjoining residential sites.

The land of Lot 27 SUB-2017-32 is zoned Rural in the Dunedin City District Plan. Much of the site is within the Groundwater Protection Zone A. The northwest boundary of the site abuts Mountfort Road which becomes Outram-Mosgiel Road and is designated D464 – State Highway (SH 87). The general area is shown on the Hazards Register as being subject to 11407 – Seismic (liquefaction) and 11582 – Flood (overland flow path) risks. The site is subject of Structure Plan – Appendix 8.7.

The subdivision layout is not in accordance with the Structure Plan for this land, and the subdivision of Rural-zoned land into sites smaller than 15.0ha 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 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 land of Lot 27 SUB-201732 is zoned Rural – Taieri Plains in the Proposed Plan. There is no DCC reticulated wastewater service provided. Much of the site is within the Groundwater Protection Zone A. The site has 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. The land use rules for the Rural zones are not yet in effect or operative.

Overall, the proposed subdivision and land use applications are considered to be a non-complying activities.

Consent is also required under the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (NES). The subdivision, change of use, and soil disturbance of a site subject to the Hazardous Activities and Industries List (potential persistent pesticide bulk storage and use – market garden) is a discretionary activity pursuant to Regulation 11 of the NES.