If you want to subdivide your land, you'll always need a resource consent. It's a very technical type of consent, so this section gives you information about how subdivision consents work, and some things you might need to consider.
You need a subdivision consent from Council for any subdivision that you want to do, including boundary adjustments.
Subdivision consents are required to make sure that:
Like any resource consent, subdivision consents are processed and assessed under the Resource Management Act 1991.
The Resource Management Act 1991 and the Local Government Act 2002 gives the Council the mandate and obligation to control subdivision. The framework guiding our decisions on subdivision is shaped in the following documents:
You may find the subdivision of land is often a time consuming process as it involves a number of steps. The very simplest of subdivisions can take three to four months to complete. More complicated or larger ones will take a lot longer. Despite some statutory time periods, the time it take us to complete a subdivision generally relies entirely on you as the applicant.
While you may be able to do some of the subdivision processes yourself, there are some tasks that you will need to involve professionals - such as land surveyors, engineers and lawyers.
If you are thinking about subdividing your land, please make sure you discuss your plans with one of our subdivision planners before you prepare your application. To arrange this, please call the Customer Services team on 03 543 8400 [or use the electronic form to make online request].
When we grant you a subdivision consent, the Council may require that certain conditions are included on the new title of the property. These capture the agreement between the Council and the land owner when the landowner will have an ongoing obligation.
We want to make sure that current and future property owners are fully aware of any ongoing obligations or restrictions that they will have to follow. We do this by registering a consent notice on the title explaining that obligation or restriction. These conditions might include, for example, landscaping or engineering requirements, or might restrict building colours, site coverage, or the location of buildings on the land.
As an agreement between the Council and the land owner, if the land owner doesn't meet their side of the agreement, then we do take steps to enforce the obligation or restriction in the consent notice.
As the land owner, you can ask us to consider changing or cancelling any consent notice at any time after the deposit of the survey plan. We have to take into account the original reason for the consent notice when we assess your application.
The process to change or cancel a consent notice is a type of resource consent application.
Areas within the Tasman District are subject to a number of natural hazards, such as:
The risks from natural hazards are required to be mitigated to an acceptable level or consent may be declined.
The planning maps of the TRMP identify some (but not all) of these hazard areas.
If the land being subdivided has been used for activities such as a historic orchard, timber treatment, fuel storage, a rubbish dump or contains an old sheep dip there may be contamination of the soils in some localised areas. As part of processing a subdivision consent an assessment of any contamination may be required.
Remediation of the contamination to acceptable levels will be required as part of the subdivision process.
The Council holds information on the HAIL Register about many of these potentially contaminated sites, and will provide it on request. The information is also included when you apply for a Land Information Memorandum (LIM).
The stormwater discharge, diversion or drainage into water from any new roads, accesses and rights of way created as part of a subdivision need to be assessed prior to making a subdivision application. An allowance is required to be made for the stormwater discharge from the construction of future dwellings on any new lots created.
The stormwater generated by a subdivision needs to be discharged to a stormwater system that has capacity to receive it or onsite detention may be required.
A specific stormwater discharge consent will be required if the stormwater discharge, diversion or drainage into water cannot meet the permitted activity criteria of Rule 22.214.171.124 of the TRMP (Discharge or Diversion of Stormwater or Drainage Water).
Subdivisions within established townships may be able to be serviced with the Council wastewater connections if the council network has capacity. However the majority of the rural areas will require onsite wastewater treatment.
The type of wastewater treatment system required will depend on the area available for a discharge field, the standard of treatment required, the soil type and the volume of the discharge. There are a number of proprietary systems available, but also consider other more passive (low energy) forms of onsite treatment that may be appropriate for your site. A wastewater consultant or engineer can help.
A specific wastewater discharge permit will be required for new discharges in the Wastewater Management Area (Coastal Tasman Area). There are other areas in Tasman which also have more stringent wastewater rules. These are called 'special domestic wastewater disposal areas'.
For new residential dwellings a water supply is required to be available that is reliable and potable and this water supply may include water stored from roofs.
For subdivisions within the business and industrial zones a water connection is usually required by the conditions of any approved consent.
The majority of the rural water supply systems are fully allocated.
|Roads and access||Unformed road reserve, roads within a proposed subdivision and rights-of-way are required to be formed in accordance with the requirements of Section 18.8, Rule 126.96.36.199 and Figure 16.2A of the TRMP. The detailed construction standards are contained in the Council’s Engineering Standards & Policies 2013.|
A right-of-way is a particular type of easement, which allows the owners of one property (the 'dominant' party) to have vehicle and/or pedestrian access over a portion of another property (the 'servient' party).
A right-of-way easement can be created either as part of the subdivision process or by application to the Council under Section 348 of the Local Government Act.
Generally any change requires the agreement of both the dominant and servient parties. The Council permission may also be required if the right-of-way was a condition of a subdivision consent.
The Tasman Resource Management Plan specifies minimum formation standards for rights-of-way which can be included as a condition of any consent to create a right-of-way. Please refer to Engineering Standards for construction details for right-of-ways.
|Esplanade reserves or strips||
Where land within a subdivision is adjacent to the coast or riverbank the Council will consider if an esplanade reserve or esplanade strip is required to enable future public access and/or for the protection of conservation values.