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Subdivisions

Information on the Proposed City Plan

The Christchurch City Council's Proposed City Plan was notified for public submission in June 1995.   The submissions and further submissions have been considered by Council and the decisions reached have been incorporated into the Plan from 8th May 1999.  The Plan is a statutory document which sets out the way the City Council's environment will be managed to achieve the purpose of the Resource Management Act. The Plan provides a policy framework and associated rules for dealing with the City Council's growth and development over the next ten years and beyond.

The Plan provides co-ordinated policies and rules for Christchurch and replaces the district Schemes of the six former local authorities.
Under the City Plan, all subdivisions require a resource consent. This is because the circumstances applying to each subdivision are so variable (even within a zone) that it is impractical to specify conditions in advance whereby subdivisions could be permitted activities. Subdivision is also recognised under Section 11 of the RMA as an activity distinct from a land use activity.

There is however a very strong relationship between land use and subdivision. Subdivision often provides the framework for servicing the anticipated land uses, including roading, sewerage, water supply etc. which subsequent purchasers will expect. It is also often the point at which reserves and esplanades can be required to be left aside to serve the needs of the community.

Finally, land subject to natural hazards such as flooding, can only be subdivided if these hazards can be mitigated. This protects potential future landowners from damage to their properties.

The rules relating to subdivision are found in Part 14 of the Statement of Rules.

What Kinds Of Subdivision Are Subject To The Rules?

Rules in the plan control the creation of:

• The fee simple title - the freehold section;
• Leases of any defined part of a title where that lease is for 20 years or longer (rights of renewal are totalled);
• Cross leases;
• Company leases for flats;
• Unit titles;
• Any other method of owning land and buildings;
• Any alteration to the existing boundaries of a property.

Where any new section or cross lease is created, the subdivision that creates the title is a Subdivision Activity.

What Rules May Apply To A Subdivision?

Set out below are the rules that may apply to a subdivision with the type, location and scale of subdivision determining the number of rules that may apply. Generally, larger divisions or those involving significant disturbance to the surface of the land, will be subject to a greater number of rules.

• Allotment Size and Dimensions
  Set out the minimum sizes and dimensions of allotments. They are especially important in Living and Rural Zones, and reflect the standards in those zones applying to the allowable densities for residential units.
  
• Property Access
  Specify standards for new roads, road upgrading, pedestrian and cycleways, etc.
  
• Esplanades
  Are rules reflecting the emphasis on providing esplanade reserves, strips and access strips to and along waterways as required by the Resource Management Act. These are required for public access, enhancing natural values or other factors.
  
• Natural Hazards
  Require assessment of whether land is subject to natural hazards, and where applicable, the means proposed by the subdivider to deal with them.
  
  NOTE: THE COUNCIL IS REQUIRED TO DECLINE CONSENT TO ANY SUBDIVISION OF LAND SUBJECT TO NATURAL HAZARDS, UNLESS IT IS SATISFIED THAT THE SUBDIVIDER WILL SIGNIFICANTLY DECREASE OR ELIMINATE THESE HAZARDS.
  
• Provision of Services
  Deals with the need (where necessary) to provide infrastructure for anticipated land uses including:
  • water supply
  • stormwater disposal
  • sanitary sewage disposal
  • trade waste disposal
  • energy supply
  • telecommunications
    
• Provision of land for Open Space and Recreation Rules:
  These rules specify the provision of land for open space and recreation, based on cash values. This is an important change from current practice, where there are different contributions for land and cash, and for subdivision other than "fee simple".
  
• Easement Rules:
  Rules relate to the provision of easements over land being subdivided (where necessary) to protect access, services, etc., operated by utility operators or which is required for the needs of other landowners.
  
• Building Location Rules:
  Deals with whether parts of land being subdivided are suitable for buildings.
  
• Preservation of vegetation, landscape and land set aside for conservation purposes rules:
  Deal, where relevant, with the protection of trees, vegetation, special landscape features, etc. in circumstances where the protection of these features is important.
  
• Appendices
  Accompanying the rules are appendices which relate to:
  • Identification of cost sharing areas, where water supply, stormwater and sewage systems may have been installed in advance of subdivision taking place (details available on inquiry to the Council).
  • The location and width of any esplanade reserves or strips that may be required.
  • Contribution rates for the provision of open space and recreation according to defined locations in the city.

What Kind Of Subdivision Consents May Be Required?

The rules specify two standards, Critical Standards, and Development Standards. These apply to some, but not all of the rules.

• The critical standards specify that some subdivisions (a potentially small category only) are a prohibited subdivision activity. No application can be made for a prohibited activity once any submissions or appeals on those rules are disposed of. In the majority of cases, any subdivision which does not meet one or more of the critical standards, will be a non-complying subdivision activity.
• If all relevant critical standards are complied with, but one or more of the development standards are not met, the subdivision will be a discretionary subdivision activity.
• If all relevant critical and development standards are complied with, the subdivision will be a controlled subdivision activity.

Do I Need Professional Assistance When Seeking Subdivision Consent?

Subdivisions, even small ones, will often require the supply of detailed technical information in order that the Council can determine compliance with the relevant standards, and especially the effects of the subdivision proposed.

While it is not mandatory that the services of a registered surveyor be required to make a subdivision application, this course of action is very strongly recommended, as subdivision can be a complex process. For some subdivisions, additional technical expertise (engineering, geological etc.) may well be required. Note that a Registered Surveyor must sign the survey plan.

Consultation by the subdivider, or his/her professional adviser, with Council staff is also strongly recommended.

Competent technical advice, also recognising the importance of supplying sufficient information, will greatly assist in obtaining approval to a subdivision proposal, and to speed up the consent process. It is the applicant's responsibility (or his/her adviser) to provide sufficient information to enable the Council to assess the proposal.

The steps required toward a successful subdivision are set out in the following diagram and paragraphs.

A survey plan consists of two parts. One shows how the boundaries are defined, while the second (the title plan) shows the new allotments and/or sites.

1. Investigation: begin with a series of checks, which may include:
   • What zoning rules apply to the proposal? (Check subdivision is not in the limited number of zones or areas where it is prohibited).
   • Are the proposed allotments large enough?
   • Is the frontage road subject to road widening?
   • Where will the new vehicle crossings be and will they comply?
   • If the property has frontage to the sea or a river, do esplanade reserves/strips have to be provided and of what width?
   • Is the land subject to any natural hazards, and if so, how can these be mitigated?
   • What adverse effects may the subdivision (and any associated works) have on adjoining land, and if so, how will these be mitigated?
   • If filling is proposed, what adverse effects might this have?
   • Do the outfalls for sewage or stormwater have sufficient capacity?
   • Is the land in a cost sharing scheme?
   • Can water be supplied from existing reticulation?
   • Is electricity and telephone available?
   • Are there any significant natural features or trees which should be protected?
2. Application
   • Establish which standards are relevant to the proposed subdivision (refer to earlier paragraph "What rules may apply to a subdivision.").
   • Establish what category of resource consent is required (non complying, discretionary or controlled).. In the case of discretionary subdivision applications the subdivision is only discretionary in respect to the development standard(s) not met - otherwise it is a controlled activity. If, however, the subdivision does not meet one or more of the critical standards, the subdivision as a whole is non-complying.
   • Ensure all relevant information is assembled and presented with the application.
3. Subdivision Consent
   • Consent, if granted will in nearly every instance be subject to conditions. These must be carried out in order to achieve final approval (conditions certificate and title issue)
   • The consent is valid for two years (unless specified otherwise).
   • Consent conditions (or a deadline of consent) may be appealed to the Planning Tribunal, or in the case of conditions, may be varied by way of a further application.
4. Certifying Title Plan
   • A registered surveyor defines the allotments, prepares the title plan for submission to the Council for its seal to be affixed.
   • The title plan is certified subject to it being in accordance with the consent plan originally submitted.
   • The title plan is returned to the surveyor for lodgement at the Land Information New Zealand (LINZ)
5. Works carried Out, Or Conditions Of approval Satisfied
   • Following consent, the surveyor and owner co-ordinate how the Council's conditions of subdivision consent will be satisfied (some co-ordination with the Council may be required).
   • Works can carry over during the processing of the title plan.
6. Condition Certificate
   • When the works and/or conditions of the subdivision consent have been satisfied, the surveyor makes application to the Council for a certificate, certifying that all the conditions of consent have been met. (Filling of land requires a certificate signed by a registered engineer.)
   • In special circumstances (subject to the City Council's agreement) a "completion certificate" may be issued where required works are incomplete, subject to a specified bond (monetary payment) being required, which is refundable when the work is satisfactorily completed. A time limit to complete these works will be specified.
7. Issue Of Title
   • The survey plan then is checked at Land Information New Zealand to ensure correct definition of boundaries - if satisfactory, the plans are signed "approved as to survey".
   • The title plan is then forwarded to the Land Title Office, where it is examined for title purposes. The plan is held pending application for new certificates of title and the receipt of the conditions certificate, issued by the Council.
   • When all legal matters have been attended to, the District Land Registrar signs the plan and it is deemed to be deposited. New certificates of title can now issue.

THE SUBDIVISION IS NOW COMPLETED

This document has been prepared to provide general information about the subdivision of land. It is not intended to b a substitute for the rules contained in the Proposed City Plan. For details of the rules outlined in this document, refer to Part 14 of the Proposed City Plan (Statement of Rules).

Further information may be obtained by contacting the staff in the Subdivisions Section of the Environmental Services Unit at the City Council,  Civic Offices, 163-173 Tuam Street (Telephone 379-1660).

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