Hauraki Gulf Islands  review

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Issues and options papers

Multiple Land Units on one Title

Issue
For the purpose of resource management, the Hauraki Gulf Islands have been broken down into land units based on common features of the physical and natural landscape. Each land unit has a combination of predominant natural and environmental factors such as slope, vegetation, drainage patterns, water systems, aspect, geology, soils, and propensity to erosion or other natural hazards, such that each land unit should be clearly and visibly recognisable as being different from any other land unit.

There are 26 land units in total and rules are included in the Plan that relate explicitly to each land unit. Each land unit has a set of objectives and policies, which, together with the relevant rules and assessment criteria for applications, provide the links to Strategic Management Areas as well as integration with the management of adjoining land units.

Delineation of Land Units 1 to 10, comprising the Outer Islands and the Eastern Waiheke Strategic Management Area (SMA 19), is based on the prevailing environmental factors within a given area. Within these rural land units there is potential for having more than one land unit on one title, because the borders of the land units follow natural and environmental features rather than property boundaries. This raises issues regarding which land unit applies on titles subject to multiple land units. Application of the appropriate land unit is important because different land units have different rules about land use and subdivision consents.

Before plan change 23, Rule 8.5.1.6 stated that where any proposed lot included more than one land unit, the subdivision rules that applied to that lot should be those for the land unit which comprised the greatest part of the proposed lot. As plan change 23 did not include a similar rule, in future there will be no guidance regarding which land unit will apply when a site has multiple land units and an application is made for subdivision consent. In practice it is likely that the same approach will still be used. For land use consents, the location of the consenting issue determines which land unit applies. For example, if a dwelling requires consent and is located on a title that has multiple land units on it, the rules of the land unit that underlie the dwelling are used.

The Isthmus Plan generally discourages split zoning. However, Section 3.4.1 states that where split zoning occurs and any uncertainty arises as to the precise location of the zone boundary, this will be determined by the Council. In doing so, regard will be had to the apparent indicated location of the boundary, the scale of the planning maps and the express purposes of the Plan. Where a site is affected by split zoning, the provisions of each of the particular zones concerned will be applied independently to each part of the site with a different zoning.

This approach is easier to apply in the Isthmus where the structure of the plan (zoning, rather than land units) and a modified urban environment lends itself to delineating zones along property boundaries.

Unless there is a move away from the land unit approach, especially in Land Units 1-10, it will be difficult to delineate land units along property boundaries. However, if there is a rationalisation of rural land units, then the issue of multiple land units on one title is likely to become less important.

Alternatively, the inclusion of a rule similar to that which used to be included in the subdivision section of the District Plan could provide direction regarding the approach that should be taken when there is more than one land unit on one title.

You may have a better or alternative approach to those outlined below. If so, we would like to hear from you.

• Retain status quo.
• Move away from a land unit approach based on common features of the physical and natural landscape, so that titles can be located within a particular zone.
• Rationalise the rural land units so that there is less possibility of multiple land units on one title. Include a rule that provides direction regarding the approach that should be taken when there is more than one land unit on one title.
• Do not rationalise the rural land units. However, include a rule that provides direction regarding the approach that should be taken when there is more than one land unit on one title.

Note:

While this issue paper can be read in isolation, it is best read in association with the issue paper relating to:

• Subdivision
• Land Units