Subdivision and Development 8.0 Introduction - Subdivision and Development The principle purpose of subdivision is to provide a framework for land ownership so that development and activities can take place. It also provides for the provision of services which enable development and activities, including reserves, network infrastructure and community infrastructure. The adverse effects of activities are generally controlled by the provisions for each Zone. However, appropriate some potential effects of those activities that may be undertaken on sites are most appropriately managed at the time of subdivision. For example, buildings, earthworks, and the formation of vehicle access associated with permitted activities, may have an impact on the amenity of an area. The subdivision of land to create sites on undeveloped land inevitably requires consideration of the need for reserves, network infrastructure, community infrastructure, and telecommunications. The matter of servicing is often an important aspect of the subdivision process, particularly for new, undeveloped sites and needs careful consideration to ensure all effects and costs of infrastructure are taken into account. The subdivision of land that is already developed may also raise questions of servicing and access. To deal with these servicing issues in part, the Council has established a Development Contributions Policy within the requirements of the Local Government Act. Development contributions may be levied for any subdivisions that generate a demand for reserves, network infrastructure, or community infrastructure, excluding the pipes or lines of a network utility operator. The process of subdividing land provides an appropriate opportunity to consider a variety of issues including natural and other hazards in terms of the suitability of subdivided land for anticipated land uses, the provision of esplanade reserves, esplanade strips and access strips, opportunities for appropriate pedestrian access to the coastline and other places having public amenity value along unformed legal roads. 8.1 Objectives and Policies - Subdivision and Development 8.1.1 Objective - Natural and Built Environments 1. Significant natural features, landscapes, indigenous biodiversity and ecosystems, springs, notable and heritage trees, and historic heritage are protected or enhanced through the subdivision process. 2. Integrates natural features, landscapes, tangata whenua values, water quality, indigenous biodiversity and ecosystems, and the value of existing trees and buildings through subdivision design and layout. 8.1.1.1 Policy - Natural features and landscapes Subdivision and associated works shall achieve the long-term protection and enhancement of: 1. the natural character of the coast, the coastal marine area, wetlands, and lakes and rivers and their margins,: 2. outstanding natural features and landscapes and significant ridgelines: 3. significant indigenous vegetation, indigenous fauna and their habitat. 8.1.1.2 Policy - Protection through subdivision and transfer of development rights Encourage the permanent protection of significant features, landscapes or indigenous biodiversity and ecosystems from further subdivision or development. This encouragement may include a development right that would not otherwise have been permitted. 8.1.1.3 Policy - Historic heritage and protected trees 1. Subdivision process and design shall ensure the retention of notable and heritage trees to the fullest practicable extent and ensure the protection of historic heritage, including that sites created in heritage precincts or zones should reflect the local historic pattern of development. 2. Encourage a subdivision design that facilitates community appreciation of notable and heritage trees and historic heritage. 8.1.1.4 Policy - Access to waterways 2
Provide for appropriate, accessible public access to and along the margins of rivers, lakes, waterways and the coastline including through esplanade reserves and strips, except in respect of Lyttelton Port of Christchurch where necessary to ensure public safety and security of cargo and port operations. 8.1.2 Objective - Design and amenity Subdivision; 1. provides allotments for the anticipated land uses for the zone, 2. promotes efficient use of resources and energy, and 3. enables places which have a distinct character reflective of their context and setting and ensure the health and wellbeing of residents and communities. 8.1.2.1 Policy - Allotments 1. Allotment layout, sizes and dimensions created be appropriate for the anticipated land uses, and have regard to effects on amenity values and the environment. 2. Provide for a variety of allotment sizes to cater for different housing types and affordability, particularly in greenfield areas or brownfields residential areas. 8.1.2.2 Policy - Identity Create or extend neighbourhoods which respond to their context and have a distinct identity and sense of place, by ensuring that subdivision: 1. incorporates and responds to existing site features such as trees, natural drainage systems, buildings and cultural elements and takes advantage of views and outlooks. 2. is designed with a focus on public open space, suburban centres, and community facilities and the use of views, density, roads, open spaces, land form and stormwater facilities as structuring elements. 3. adopts a specific landscape and design strategy 8.1.2.3 Policy - Sustainable design Enable resource efficiency, use of renewable energy, and community safety and development, by: 1. ensuring that the streets and lots are orientated for solar gain. 2. incorporating public spaces that provide opportunities for formal and informal social interaction. 3. accords with Crime Prevention Through Environmental Design principles. 8.1.2.4 Policy - Interface with Surrounding Area Ensure the subdivision is well integrated with the surrounding area by addressing sensitive interfaces with existing development, roads, open spaces and rural land. 8.1.2.5 Policy - Public Open space Provide a connected, accessible, well used and safe public open space network which incorporates important natural features, water bodies and habitat areas and contributes to the identity and amenity of the area, by: 1. incorporating existing trees into reserves and roads, where feasible. 2. providing accessible public open space that provides for recreation activities within walking distance of all new residential development. 3. providing greenways which incorporate stormwater, recreational, walking and cycling function, and community gardens. 8.1.2.6 Policy - Movement network Provide a legible, well-connected, highly walkable, and comprehensive movement network for all transport modes that enables access for people of all ages and physical abilities to public open space facilities, public transport, suburban centres, and community facilities, and between neighbourhoods and the wider urban area. 8.1.2.7 Policy - Additional subdivision design for New Neighbourhood Zone Ensure subdivision of land in the New Neighbourhood Zone achieves a high quality comprehensively planned neighbourhood that is appropriately connected to the wider environment by ensuring that the overall design and layout gives effect to: 1. the objectives and policies for New Neighbourhood Zone; 2. the overall pattern of development shown in the relevant Area Plans, Outline Development Plans, Master Plans and 3
Layer Diagrams; and 3. the provision of predominantly residential development which achieves a net density of 15 households per hectare (or between 13 and 15 households per hectare in the Residential Greenfields (Prestons) zone. 8.1.2.8 Policy: Sustainable subdivision design (Highsted) 1. To ensure subdivision and development of land occurs in a comprehensive and integrated manner with sustainable and energy efficient outcomes in general accordance with the pattern of development shown on the Highsted Master Plan. 2. To achieve a mix of residential densities that gives effect to the minimum net residential densities shown on the Outline Development Plan - Upper Styx. 3. To ensure integration of the Green, Blue and Movement Networks takes place within the zone and to adjoining areas. 4. To avoid subdivision for development until such time as sites are able to be serviced by stormwater facilities in accordance with discharge consent application CRC131249 and the Styx River/Puruakanui Area Stormwater Management Plan. 5. To avoid subdivision for development until risks from site contamination are removed or appropriately mitigated. 6. To avoid subdivision of land unless risks associated with potential liquefiable soils are avoided, remedied or mitigated if necessary. 8.1.2.9 Policy: Sustainable subdivision design for Residential Greenfields (Highfield) Zone 1. To ensure the subdivision of land in the Residential Greenfields (Highfield) Zone occurs in a comprehensive and integrated manner and is appropriately connected to the wider urban environment, by ensuring that the overall design and layout gives effect to: a. Key structuring elements and network objectives specified in the relevant objectives and policies of this Plan; b. The overall pattern of development shown on the Outline Development Plan (Highfield); c. Provision of small scale neighbourhood centres/business nodes (Business 1) with a maximum land area of 1.6 hectares that provides for the day to day convenience shopping needs of the local community and developed in such a manner that it is designed in accordance with good urban design principles and achieves a high standard of visual character and amenity; d. A mixed density residential environment that provides 15 households per hectare; e. The Styx River Stormwater Management Plan. 2. To ensure the servicing of land in the Residential Greenfields (Highfield) Zone occurs in a comprehensive and integrated manner in terms of water, wastewater and stormwater. 3. To avoid subdivision for residential purposes unless risks associated with potentially contaminated land are avoided, remedied or mitigated if necessary. 4. To avoid subdivision of land in the Residential Greenfields (Highfield) Zone unless risks associated with potential liquefiable soils are avoided, remedied or mitigated if necessary. 5. To ensure that realignment of Horners Stream occurs in a manner that improves stormwater drainage and enhances ecological and landscape values. 6. To ensure that the effects of earthworks within the Residential Greenfields (Highfield) Zone for the purpose of filling, excavation and land improvement are managed to avoid adverse effects on residual rural properties remaining within the zone at the time of development, and on adjoining rural properties. 8.1.3 Objective - Infrastructure and transport Subdivisions are provided with all necessary transport and other infrastructure. 8.1.3.1 Policy - Transport and access 1. Integrate new roads resulting from subdivision and/or development with the existing road network in an efficient manner which reflects expected levels of traffic generation, and safe, efficient and convenient management of vehicles and site access, including public transport, pedestrians and cyclists. 2. Achieve provision of pedestrian and cycle routes and amenity linkages within and connecting to the site, particularly in larger subdivisions and where useful linkages can be further developed. 3. Seek to avoid, remedy or mitigate any adverse visual and physical effects of new roads on the natural environment. 4
4. To ensure that where road or property access is created to an existing road, the existing road is upgraded to the appropriate standard. 5. Provide a road reserve which is of sufficient design, width and arrangement to cater for: Safe and efficient movement of users, including vehicles, public transport, cyclists and pedestrians Vehicle parking Access to properties Landscaping and street trees Safety and visibility Surface water management Utility services 8.1.3.2 Policy - Water supply 1. Ensure that water supplies for the land uses anticipated following subdivision and/or land use development are of sufficient capacity and of a potable standard for human consumption. 2. Ensure the provision of any necessary additional water supply infrastructure or that upgrading of existing infrastructure, is sufficient for the scale and nature of anticipated land uses. 3. Ensure connection to public reticulated water supply systems wherever such systems are available. 4. Encourage the re-use of rainwater for supply. 8.1.3.3 Policy - Stormwater disposal 1. Encourage ground soakage and the retention of natural open waterway systems for stormwater disposal. 2. Minimise any increase in sediment and contaminant levels entering water bodies as a result of stormwater disposal. 3. Ensure stormwater is disposed in stormwater management areas so as to avoid inundation within the subdivision or on adjoining land, 4. Ensure that any necessary stormwater control and disposal systems and the upgrading of existing infrastructure is sufficient for the amount and rate of anticipated run-off. 5. Ensure disposal in a manner which maintains or enhances the quality of surface and groundwater. 6. Utilise stormwater management features for multiple uses and ensure they have a high quality interface with residential or commercial activities. 7. Encourage the re-use of rainwater for water supply or irrigation. 8. Ensure that stormwater is disposed of in a manner which is consistent with maintaining public health. 8.1.3.4 Policy - Sewage disposal 1. Ensure that anticipated development is provided with a means of disposing of sanitary sewage in a manner which is consistent with maintaining public health and minimises adverse effects on the environment. 2. Ensure provision for sewage disposal is of sufficient capacity and that existing systems are upgraded if necessary by the subdivider and/or developer in recognition of the scale and nature of anticipated land uses. 3. Ensure that new lots be provided with a means of connection to a reticulated sanitary system, where available. 4. Where a reticulated system is not available, on-site or stand-alone communal treatment systems will be required to be installed, subject to any discharge consents required. 8.1.3.5 Policy - Trade wastes Provision be made for trade waste disposal upon subdivision for anticipated industrial uses. 8.1.3.6 Policy - Electricity 1. Ensure that adequate provision is made for the supply of electric power. 2. Ensure that the provision of electrical reticulation systems is appropriate to the amenities of the area and the anticipated land uses, generally requiring undergrounding in new urban areas. 8.1.3.7 Policy - Telecommunications That upon the subdivision of land, adequate provision be made for connection to a telecommunication system and that in providing such systems, adverse visual effects are minimised. 8.1.3.8 Policy - Provision of Works and Services, Financial and Development Contributions Require that subdividers and/or developers meet the costs of any upgrading of network infrastructure (including 5
headworks) and provision of reserves, which are attributable to the impacts of the subdivision, and/or land use development, including where applicable: road and access; water supply; sanitary sewage disposal; stormwater disposal; trade waste disposal; provision of land for open space and/or recreation; and provision for esplanade reserves and/or esplanade strips. 8.1.3.9 Policy - Construction and design of infrastructure Require that new network infrastructure is of a construction and design which will minimise potential damage from significant seismic and other events. 6
8.2 Rules - Subdivision 8.2.1 General matters 8.2.1.1 Relevant sections of the Act All applications are subject to the requirements set out in the Act, with particular reference to sections 106, 220 and 230-237G, and the matters contained in Part 2 and Sections 104 of the Act apply to consideration of all resource consents. 8.2.1.2 Reference to other rules Application for consent will need to be made in respect to all relevant subdivision rules and any zone rules or general rules should an associated land use activity not meet the standards therein. The Council will then assess the application in accordance with the matters for control, matters to which Council restricts its discretion and/or assessment matters relevant to those rules. 8.2.1.3 Discharge of stormwater Consent from the Canterbury Regional Council will be required for the discharge of stormwater unless the discharge is to an authorised existing utility stormwater system or the discharge is to be in accordance with the conditions of a global discharge consent or Stormwater Management Plan. 8.2.1.4 Other legislation All applications shall comply with the relevant requirements contained in other acts and codes, with particular reference to the Building Act 2004, the Local Government Act 2002, and the Christchurch District Drainage Act 1951. 8.2.1.5 Written approval for non-notification 1. Application for resource consent under the subdivision rules as a controlled activity shall not require the written approval of other persons and shall be non-notified. 2. Application for resource consent under the subdivision rules as a restricted discretionary, discretionary or non-complying activity may at the Council s discretion require the written approval of other persons and/or be publicly notified. Except for any application made: under Section 8.2.20 (Highsted); or under Section 8.2.21 (Highfield) where: (i) application is required as a result of non-compliance with Rule 8.2.20.1; (ii) application is required under Rule 8.2.20.4; or (iii) any land being subdivided is within 25 metres of a property boundary of land not owned by the applicant (other than land owned by the Council or the New Zealand Transport Authority) and being within the Residential Greenfield (Highfield) Zone; (iv) application is required as a result of non compliance with rule 8.2.20.3(g); any application for consent under the subdivision rules (other than non-complying subdivision activities) shall not require the written consent of other persons and shall be non-notified. 8.2.1.6 Consultation 1. The Council shall consult with Tangata Whenua upon any application being required under these rules where there are significant earthworks which could affect sites of significance to iwi, including adjacent to waterways and the coastline. 2. The Council shall consult with network operators upon any application being required under these rules where there are network utilities within or adjoining the land subject to subdivision. 8.2.1.7 Infrastructure Design Guide Works and infrastructure to be vested in Council shall be of a standard acceptable to Council. The Infrastructure Design Guide is the Council s technical compliance manual and sets out the relevant standards. 8.2.1.8 Development and financial contributions All applications for subdivision shall comply with the relevant requirements of the Council's Development Contributions Policy, prepared under the Local Government Act 2002. The Development Contributions Policy requires that development 7
contributions in cash and/or land be paid to the Council for reserves, and network infrastructure for water supply, wastewater, transportation, and surface water management services. Development Contributions will be required to be paid prior to the issue of a certificate pursuant to Section 224 of the Resource Management Act. Works and services within a subdivision are not defined to be financial or development contributions and will be required to be undertaken as conditions of subdivision consent. Where applicable, the creation of new sites by subdivision shall comply with the terms for financial contributions involving esplanade reserves in this Plan, and other reserves in Chapter 32 of the Banks Peninsula District Plan. 8.2.1.9 Consent notices and easements 1. Where there is any on-going condition of a subdivision consent, there shall be a consent notice pursuant to section 221 of the Act, registered against the Certificate of Title to the allotment to which the condition applies. 2. Where applicable, easements shall be created for the restrictive purpose, either in favour of the private owner or the City Council. 8.2.1.10 Staging of subdivision A subdivision may be completed in stages, provided that each stage meets all of the conditions of approval appropriate to that stage, and that the balance of the site remaining after the completion of each stage is a site which either complies with the provisions of the Plan or with the conditions of resource consent. 8.2.1.11 Suitability for proposed land use 1. Where section 106 of the Act applies to any part of the land to be subdivided it is the applicant's responsibility to provide all information relative to the potential hazard and to show the means whereby the land shall be made suitable for the proposed land use. Regard should be had to any information held on the Council's hazards register. The Council shall have regard to any appropriate proposals before issuing the subdivision consent, or declining approval pursuant to section 106. Chapter 5 of this Plan provides for the management of hazards as might be relevant to consideration of an application under s106. 2. Where any part of the land contains contamination, it is the applicant's responsibility to provide all relevant information and to show the means whereby the land shall be made suitable for the proposed land use. Regard should be had to any information held on the Council's hazard register and the Hazardous Activities and Industries List held by ECan. 3. Every new site created shall be able to accommodate a permitted, controlled or discretionary activity in terms of the rules of the relevant Zone. Sites created which contain existing buildings shall be able to accommodate those buildings in compliance with the rules of the Zone, or without increasing any existing non-compliance. Where it is considered that an appropriate building platform is not available on a site, the Council may impose a consent notice which precludes the erection of a building on that site. 4. All subdivisions of land that involve buildings on or near allotment boundaries shall comply with the relevant requirements of this Plan and the Building Act 2004. 8.2.1.12 Application of assessment matters Unlike other parts of the Statement of Rules, the assessment matters in this part of the rules do not follow the rules as a whole, but follow each separate subject matter set out in Clauses 4-17. 1. The matters contained in Part II and Sections 104 and 105 of the Act, apply to consideration of all resource consents. 2. The matters contained in section 106 of the Act apply, as relevant, to all subdivisions in respect of natural hazards. 3. In addition to (a) and (b) above, the Council shall also apply the relevant assessment matters set out following each group of standards, to discretionary and controlled subdivision activities. 8
8.2.2 Rules applying in all zones 8.2.2.1 Conversion of Tenure following matters C1. Applications to convert the type of tenure from unit title or cross lease to fee simple. a. Whether the conversion of tenure is practicable and provides for the intended purpose or land use, having regard to the relevant zone standards. b. Whether the proposed dimensions are sufficient for operational, access, outdoor storage, service or living space, and maintenance requirements. c. The relationship of the proposed allotments within the site and their compatibility with the pattern of the adjoining subdivision and land use activities. d. Whether the conversion of tenure results in alterations to allotment size and the effect of this in practical terms and in terms of an activity which might be enabled by such a change in allotment size. e. Whether each title has legal vehicle access and access to services, including through easements where necessary. NC1 Where standard C1 is not met subdivision is a non-complying activity. 8.2.2.1 Subdivision before work commences Subdivision is a non-complying activity where the following standards are met: Non-complying Activity Standard NC1. No works involving the disturbance of the land or clearance of vegetation shall be undertaken until subdivision consent has been obtained except: a. where such activities are permitted activities or prior consent has been obtained, including where necessary a vegetation clearance consent has been obtained from the Regional Council; or b. the work is investigatory work only. 8.2.2.2 Residential Site Density Subdivision is a non-complying activity where the following standards are met: Non-complying Activity Standard NC1. No subdivision shall result in an allotment that does not meet the residential site density standards for permitted and controlled activities in the relevant zone, unless approved through land-use consent. 8.2.2.3 Compliance with Outline Development Plan Subdivision is a restricted discretionary activity where the following standards are met: Restricted Discretionary Activity Standard The Council has restricted its discretion to the 9
RD1. NC1 The subdivision of any land shown on an Outline Development Plan shall undertaken in accordance with that Plan, except where specified otherwise. Where standard C1 is not met subdivision is a non-complying activity. a. For Residential Greenfields and New Neighbourhood Zones, whether the subdivision enables the required household density target to be met. b. Whether the subdivision precludes or discourages development in another part of the Outline Development Plan area. c. Whether the subdivision links appropriately to other parts of the Outline Development Plan area and any layering diagrams. 8.2.2.4 Transmission Line Corridors following matters C1. No allotment shall be created where a permitted residential unit or commercial / industrial activity could not occur outside the following transmission line corridors (other than an allotment to provide for a network utility): a. 32m from 66kV or 110kV lines on towers a. The extent to which the subdivision design mitigates the effects on the lines, for example through the location of roads and reserves under the line, or lot layout. b. The ability for maintenance and inspection of the transmission line, including ensuring access for the same. b 14m from 110kV lines on poles c. The extent to which the design and development will c. 37m from any 220 kv lines d. 39m from any 350kV lines Notes: a. Transmission line corridors are shown on Planning Maps. b. The Council will consult the network operator or line owner where an application proposes to subdivide land within the transmission corridors. minimise risk or injury and/or property damage from such lines. d. The extent to which potential adverse effects including visual impact are mitigated, for example through the location of building platforms and landscape design. e. Compliance with the New Zealand Electrical Code of Practice for Electrical Safe Distances (NZECP 34:2001). f. The outcomes of any consultation with the affected utility operator. NC1 Where standard C1 is not met subdivision is a non-complying activity. 10
8.2.3.0 Allotment size and dimension 8.2.3.1 Allotment dimensions C1. Minimum allotment dimension: D1 Residential Suburban Residential Suburban Density Overlay and Residential Medium Density Zones 16 x 18m 13 x 16m following matters a. Whether the allotment is of sufficient dimension to provide for the intended purpose or land use, having regard to the relevant zone standards. b. Whether the proposed dimensions are sufficient for operational and maintenance requirements. c. The relationship of the proposed allotments and their compatibility with the pattern of the adjoining subdivision and land use activities. d. The degree to which natural topography, drainage and other features of the natural environment determine site boundaries where that is practicable. e. Where the subdivision occurs between existing boundaries, whether the proposed allotment represents the best utilisation of land. Where standard C1 is not met subdivision is a discretionary and shall be assessed in terms of the matters at s104 of the Act and the. a. Whether the allotment is of sufficient dimension to provide for the intended purpose or land use, having regard to the relevant zone standards. b. Whether the proposed dimensions are sufficient for operational and maintenance requirements. c. The relationship of the proposed allotments and their compatibility with the pattern of the adjoining subdivision and land use activities. d. The degree to which natural topography, drainage and other features of the natural environment determine site boundaries where that is practicable. e. Where the subdivision occurs between existing boundaries, whether the proposed allotment represents the best utilisation of land. 8.2.3.2 Minimum allotment size - Residential zones C1. Residential allotments shall comply with the minimum net area and other requirements specified below. For the New Neighbourhood zone, minimum net area is specified at Sections 8.2.13 and 8.2.14. Zone Minimum Standard net area Residential Suburban Residential Suburban Heathcote Village 450m2 2000m2 In the area on the northern side of Heathcote village (refer to planning maps), the total number of additional allotments created in this part of the zone, since 24 June 1995, shall not exceed 30. The Council has reserved control over the a. Whether the allotment is of sufficient net area to provide for the intended purpose or land use, having regard to the relevant zone standards. b. Whether the proposed net area is sufficient for operational and maintenance requirements. c. The relationship of the proposed allotments and their compatibility with the pattern of the adjoining subdivision and land use activities. d. The degree to which natural topography, drainage and other features of the natural environment 11
Residential Suburban Existing Rural Hamlet Residential Suburban Redwood Residential Suburban (Upper Styx and Croftons Road) density Overlays Residential Suburban Sams 8, 8a and 8b 2000m2 750m2 1500m2 500m2 determine site boundaries where that is practicable. Residential Suburban (Corner Henderson s and Sparks Roads) (Refer Planning Maps) Residential Suburban (Density Overlay) 1ha 330m2 Residential Medium Density Residential Banks Peninsula Residential Conservation (Lyttelton) Residential Conservation (Akaroa) 300m2 400m2 250m2 400m2 Any application for subdivision consent shall be made in conjunction with a building consent for the same site. Any application for subdivision consent shall be made in conjunction with a building consent for the same NC1 Where standard c1 is not met subdivision is a non-complying activity. 8.2.3.3 Minimum standards - Commercial and Industrial zones The Council has reserved control over the 12
C1. Industrial and Commercial allotments shall comply with the minimum net area specified below. Zone Minimum Net area Commercial Core, Commercial Fringe, 250m2 Commercial Local, Commercial Parking, and Commercial Banks Peninsula Zones Travellers Accommodation 300m2 Retail Park, General Industrial, Industrial Park 500m2 Zones, and where connected to a Council owned reticulated sanitary sewage disposal system in the Heavy Industrial Zone Heavy Industrial Zone where no connection to 4ha a Council owned reticulated sanitary sewage disposal system is provided NC1 Where standard C1 is not met subdivision is a non-complying activity. a. Whether the allotment is of sufficient area to provide for the intended purpose or land use, having regard to the relevant zone standards. b. The degree to which natural topography, drainage and other features of the natural environment determine site boundaries where that is practicable. 8.2.3.4 Savings as to previous approvals Controlled Standard C1. Notwithstanding the provisions of Clauses 8.2.4.1, 8.2.4.2 and 8.2.4.3, where there is/are existing cross lease(s) or company lease(s) over other parts of such titles which had its certificate of title issued before the date of the release of decisions on the District Plan and subsequent resource consent decisions, the minimum net area of any allotment shall be the area of existing cross lease(s) or company lease(s). C2 Notwithstanding the provisions of Clauses 8.2.4.1, 8.2.4.2 and 8.2.4.3, the minimum net area of the allotment shall be the area of the site of the building as approved by the certificate of compliance or resource consent where a certificate of compliance has been issued for: a. a building for which the certificate of compliance has not lapsed; b. a building for which resource consent for a building has been granted prior to the date of the release of Council decisions on this District Plan; c. an allotment which is to be created after the erection of that building; or d. the subdivision and building consents are issued in conjunction. NC1 Where standards C1 C2 are not met subdivision is a non-complying activity. following matters a. Whether the allotment is of sufficient area to provide for the intended purpose or land use, having regard to the relevant zone standards. b. The relationship of the proposed allotments and their compatibility with the pattern of the adjoining subdivision and land use activities. c. The degree to which natural topography, drainage and other features of the natural environment determine site boundaries where that is practicable. d. Any relevant assessment matters for the relevant zone. 8.2.3.5 Allotments with existing or proposed buildings The Council has reserved its control over the following 13
matters C1. Notwithstanding the provisions of Clauses 8.2.4.1-8.2.4.7, where an allotment is to be created after the erection of a building (to the extent that the exterior is fully closed in) on that allotment, or alternatively, where the subdivision consent is issued after, or at the same time as the building consent for a proposed building: Zone a. existing or proposed building(s) shall either comply with all relevant zone standards for a permitted activity (except site density standards), or be approved through separate resource consent in relation to any standards that are not complied with; b. The minimum net area for an allotment is as specified in the table below; c. Where a building is not yet erected, the applicant shall be bound to erect the building before obtaining a certificate under section 224 of the Resource Management Act 1991, and the subdivision consent shall have attached to it a condition to that effect. Minimum net Residential Suburban (excluding comprehensive developments provided through the Enhanced Development Mechanism, Community Housing Redevelopment Mechanism) Residential Suburban Density Overlay (excluding Sams 6, 12, 14 and comprehensive development provided through the Enhanced Development Mechanism and Community Housing Redevelopment Mechanism). Residential Suburban Density Overlay Sams 6, 12 and 14 Residential Suburban Density Overlay SBCMA Residential Suburban Density Overlay Sams 8, 8a, and 8b Residential Suburban and Residential Suburban Density Overlay Zones where two residential units are created on a vacant site or on the site of one demolished residential unit in compliance with Chapter 14 Sections 14.2.2 and 14.3.2. Residential Medium Density Zone area 400m2 300m2 420m2 450m2 500m2 No limit No Limit a. Whether the allotment is of sufficient area to provide for the intended purpose or land use, having regard to the relevant zone standards. b. The relationship of the proposed allotments and their compatibility with the pattern of the adjoining subdivision and land use activities. c. The degree to which natural topography, drainage and other features of the natural environment determine site boundaries where that is practicable. d. Any relevant assessment matters for the relevant zone. 14
Elderly Persons Housing including in Living 1 and 2 Zones where an existing elderly persons housing unit is converted to a separate residential unit that may be occupied by any person(s) in compliance with Clauses 2.2.1 (h) or 2.4.1 (k). Multi-unit residential complexes located in the Residential Suburban Density Overlay, or within the Residential Suburban Zone where the complex is owned by a social housing provider. General Industrial, Heavy Industrial, Industrial Park, Commercial Core, Commercial Fringe, Commercial Local, Commercial Banks Peninsula, Retail Park, and Commercial Parking, Travellers Accommodation zones Central City Business Zone No Limit No Limit No Limit No limit Note: where the application for subdivision complies with C1, it shall not be publicly notified, limited notified or require the written consent of affected persons. NC1 Where standard C1 is not met subdivision is a non-complying activity. 8.2.3.6 Access, utilities, roads and reserves following matters C1. Notwithstanding the provisions of Clauses 8.2.4.1 and 8.2.4.2, there shall be no minimum allotment areas in any zone for allotments created for access, roads and reserves purposes, and unstaffed utility allotments. a. Whether the allotment is of sufficient area to provide for the intended purpose or land use, having regard to the relevant zone standards. b. The degree to which natural topography, drainage and other features of the natural environment determine site boundaries where that is practicable. c. The extent to which the allotment is necessary in providing access, services, or the type of reserve sought. NC1 Where standard C1 is not met subdivision is a non-complying activity. 8.2.3.7 Amalgamation of land in a rural zone with land in a residential zone following matters 15
C1. An allotment in a rural zone may be amalgamated into one certificate of title with an adjoining allotment in a residential zone, only where that part of the title in the residential zone meets all the requirements for a separate allotment in that zone, and any existing or proposed land use in the rural zone meets all the requirements for the zone in which it is, or will be, wholly situated. a. Any relevant assessment matter for the relevant zone. b. Whether the balance rural zoned lot is of sufficient area to provide for the intended purpose or land use, having regard to the relevant zone standards. c. Whether the subdivision would create boundaries which would result in an existing or proposed land use not complying with relevant zone standards. NC1 Where standard C1 is not met subdivision is a non-complying activity. 8.2.3.8 Port Influences Overlay Area C1. The subdivision of land or buildings shall not be undertaken within the Port Influences Overlay Area of the Residential Banks Peninsula zone or of the Residential Conservation zone. C2. The subdivision of buildings or land shall not be for the purpose of establishing a Noise Sensitive Activity within the Port Influences Overlay Area of the Commercial Banks Peninsula, Recreation Reserves, or General Industrial zones. NC1 Where standards C1 C2 are not met subdivision is a non-complying activity. The Council has restricted its discretion to the a. The relationship of the proposed allotments and their compatibility with adjoining land use activities and the existing noise environment. 16
8.2.4 Property Access 8.2.4.1 Access C1. All sites shall have legal access which is able to accommodate a driveway to a formed road, and such access shall be in accordance with Appendix 4 to this chapter. C2. No private access shall serve sites with a potential to accommodate more than 15 residential units. C3. All access to fee simple title allotments, cross or company leases, unit titles, or leased premises, shall be in accordance with the standards set out in Chapter 7 Appendix 7. C4. Where land to be subdivided with frontage to a state highway has practical legal access to an alternative road there shall be no access to the state highway. C5. In the event of multiple site subdivision where parking is provided as a common facility, that parking area shall have legal access to a formed road. C6. Access gradients shall not be steeper than 1 in 6 with an absolute maximum longitudinal gradient of 1 in 4 on short straight sections of sealed carriageway only. The first 10m of formed access shall have a maximum gradient of 1 in 10. C7. All access steeper than 1 in 10 or servicing/proposed to service 3 or more residential units must have turning areas available so vehicles do not have to back up or down accesses. The Council has reserved control over the following matters a. Whether the location, formation and construction standard is appropriate, safe and efficient. b. Whether the formation and construction of the frontage road is of sufficient standard to cater to the proposed or anticipated land uses on the allotment(s). c. Any impact on waterways, ecosystems, drainage patterns or the amenities of adjoining properties. d. The need for all properties to be provided with means of vehicular access unless topography of the ground prevents such access to any part of the site (including noncontiguous areas of a site). e. The provisions of the Council's Infrastructure Design Standards, Wastewater Design Guide, and Construction Standard Specification. 17
RD1 Where standards C1-7 are not met subdivision is a restricted discretionary activity with the Council reserving its discretion to the : a. Whether the location, formation and construction standard is appropriate, safe and efficient. b. Whether the formation and construction of the frontage road is of sufficient standard to cater to the proposed or anticipated land uses on the allotment(s). c. Any impact on waterways, ecosystems, drainage patterns or the amenities of adjoining properties. d. The need for all properties to be provided with means of vehicular access unless topography of the ground prevents such access to any part of the site (including non-contiguous areas of a site). e. The provisions of the Council's Infrastructure Design Standards, Wastewater Design Guide, and Construction Standard Specification 8.2.4.2 Corner rounding and splays C1. All allotments at the intersection of roads: a. in residential zones shall have the corner rounded to a radius to 5.5m; and b. in the Commercial and Industrial zones shall have the corner of the allotment set back 3.5m along the frontage of each road. C2. The corner roundings or splays shall be vested in the name of the Council and compensation shall be paid by the Council for the land where the rounding is not being provided as part of a new road. following matters a. Whether the location, formation and construction standard is appropriate, safe and efficient. b. For Musgroves, whether the traffic management elements shown at Appendix General Industrial 6A and 6B can be provided. C3 Any subdivision of the Musgroves site (Appendix General Industrial 6A and 6B) shall provide a 10m corner splay at the Wigram Road / Aidanfield intersection. RD1 Where standards C1 - C2 are not met subdivision is a restricted discretionary activity with the Council reserving its discretion to the : a. Whether the location, formation and construction standard is appropriate, safe and efficient. b. For Musgroves, whether the traffic management elements shown at Appendix General Industrial 6A and 6B can be provided or a suitable replacement layout provided. 8.2.4.3 Road and access naming following matters C1. All new roads vested upon subdivision of land shall be given distinctive names not already in use within the area covered by the Christchurch City Council, and the name shall be approved by the City Council prior to issue of s224 certificate. Notes: 1. The Mahaanui Iwi Management Plan Subdivision Guidelines at Cultural Landscapes clause 1.3(v) seeks inclusion and communication of the history and significance of places, and this might occur through road and access naming. a. Whether the proposed name is unique and appropriate. b. Whether the proposed name has regard to the history of the site or area, including that history relevant to Tangata Whenua. 18
2. Accesses shall be named where there are insufficient legal road numbers available to allocate to the proposed allotments, or where any private access serves 15 or more potential residential units, and the name shall be approved by the City Council. RD1 Where standard C1 is not met subdivision is a restricted discretionary activity with the Council reserving its discretion to the : a. Whether the proposed name is unique and appropriate. b. Whether the proposed name has regard to the history of the site or area, including that history relevant to Tangata Whenua. 8.2.4.4 New roads The Council has reserved control over the C1. All roads shall be laid out, constructed and a. Whether the location, formation and vested in accordance with the standards set construction standard is appropriate, out in Appendix 7, except where alternative safe and efficient. standards are set out in an Outline b. Whether the new road meets the Development Plans. appropriate standards in this chapter C2. where the road is within the area of land to and Chapter 7 (Transport). which the Master Plan (Highsted) (at Appendix c. The provisions of the road Residential Greenfields (Highsted)) applies, hierarchy, the account taken of then the cross-sections detailed in that pedestrian movement, provision of appendix shall apply in place of the space for cyclists, amenity values of requirements of Appendix 7 should there be the street and opportunities for tree any conflict. planting in the open space of the road way to enhance the character and identity of the neighbourhood. d. Any indications on the planning maps or development plans of the road network, required throughroads, pedestrian access, cycleways and service lanes; the need to provide cycleways in circumstances where the road network does not supply sufficient or direct cycle routes through the locality; and the need to provide roads, pedestrian access roads and cycle ways linking other areas or facilities and between existing streets, reserves and shopping centres. e. The degree to which proposed new 19
RD1 roads make adequate provision for vehicle movements, car parking and property access. f. Where any new road provides or could provide a benefit to another property, the need for the Council to enter into an agreement with the subdivider that permits the creation of point strips, to be vested as legal road when the adjoining benefiting owner pays a fair share of the cost of providing that road to the subdividing owner via the Council. The amounts to be paid will vary depending on the costs involved in each individual circumstance and each will be subject to individual agreements held by the Council and available on request for inspection. The benefiting owner will be informed of the cost at the time of the point strip creation. The contribution values will be adjusted annually on 30 June each financial year, in accordance with the Construction Cost Index, beginning on 30 June 1996. The title to the point strip is to be transferred to the Council. g. The provisions of the Council's Infrastructure Design Standards, Wastewater Design Guide, and Construction Standard Specification. h. Any need to increase road widths to enable the accommodation of swales for stormwater soakage for subdivision of North Halswell, East Halswell and the Styx Mill Block (refer Chapter 14 Appendices 3h, 3g and 3f). Where standard C1 is not met subdivision is a restricted discretionary activity with the Council reserving its discretion to the : a. Whether the location, formation and construction standard is appropriate, safe and efficient. b. Whether the new road meets the appropriate standards in this chapter and Chapter 7 (Transport). c. The provisions of the road hierarchy, the account taken of pedestrian movement, provision of space for cyclists, amenity values of the street and opportunities for tree planting in the open space of the road way to enhance the character and 20
identity of the neighbourhood. d. Any indications on the planning maps or development plans of the road network, required through-roads, pedestrian access, cycleways and service lanes; the need to provide cycleways in circumstances where the road network does not supply sufficient or direct cycle routes through the locality; and the need to provide roads, pedestrian access roads and cycle ways linking other areas or facilities and between existing streets, reserves and shopping centres. e. The degree to which proposed new roads make adequate provision for vehicle movements, car parking and property access. f. Where any new road provides or could provide a benefit to another property, the need for the Council to enter into an agreement with the subdivider that permits the creation of point strips, to be vested as legal road when the adjoining benefiting owner pays a fair share of the cost of providing that road to the subdividing owner via the Council. The amounts to be paid will vary depending on the costs involved in each individual circumstance and each will be subject to individual agreements held by the Council and available on request for inspection. The benefiting owner will be informed of the cost at the time of the point strip creation. The contribution values will be adjusted annually on 30 June each financial year, in accordance with the Construction Cost Index, beginning on 30 June 1996. The title to the point strip is to be transferred to the Council. g. The provisions of the Council's Infrastructure Design Standards, Wastewater Design Guide, and Construction Standard Specification. h. Any need to increase road widths to enable the accommodation of swales for stormwater soakage for subdivision of North Halswell, East Halswell and the Styx Mill Block (refer Chapter 14 Appendices 3h, 3g and 3f). 8.2.4.5 Service lanes, cycle and pedestrian access ways C1. Service lanes, cycle and pedestrian access ways shall be laid out and vested in accordance with the standards set out in the table below. Minimum Legal Width (m) Minimum Formed Width (m) Turning Area Passing Area Sealed and Drained Height (m) Service lanes Cycle and access ways Pedestrian accessways 6.0 4.0 Only where the service lane has a blind end No Yes 4.5 8.0 3.5 N/A N/A Yes 3.5 1.5 1.5 N/A N/A Yes 3.5 The Council has reserved control over the a. Whether the location, formation and construction standard is appropriate, safe and efficient. b. Whether the formation and construction of the frontage road is of sufficient standard to cater to the proposed or anticipated land uses on the allotment(s). c. Whether the formation of the cycle network is encouraging of cycling as a mode of transport. d. Any impact on waterways, ecosystems, drainage patterns or the amenities of adjoining properties. e. The need for all properties to be provided with means of vehicular 21