What are the rules on subdivisions?
The Resource Management Act 1991 (RMA) provides, amongst other things, that land may be subdivided if either the subdivision is expressly allowed by a resource consent, or the subdivision does not contravene a national environment standard, a district plan rule (operative or proposed). The RMA also sets out a list of circumstances in which subdivision consent can be granted or refused.
See sections 11 and 106 of the RMA
Marlborough District Council considers applications for subdivisions for allotment creation, boundary adjustment, flat plans and unit titles. A subdivision application may include the creation of a right of way.
The Marlborough Environment Plan, and its predecessor resource management plans, explain in Volume 1 what the plan intends for each zone in terms of subdivision, use and development activities. Volume 2 sets out the standards and rules that apply to various activities in each zone and Chapter 24 sets out standards and rules applying to subdivision. Examples of aspects that the Plan manages are infrastructure services and utilities relating to subdivision development, location of buildings in proximity to site boundaries and extent of site coverage for each newly created allotment, allotment sizes and number of allotments accessing a right of way.
An application for resource on consent for subdivision is required so that Council can assess the proposed activity against the RMA, and the provisions of the resource management plan to ensure that the statutory requirements have been met. Council needs to be satisfied that the adverse effects on the environment are identified and dealt with, that all works and services are installed to an appropriate standard and that new sites are suitable for the intended use.
Applications for subdivisions are complicated and require accurate and detailed plans. Anyone wanting to undertake a subdivision should engage appropriate professional services to guide them through the process. Professional services include, but may not be limited to, a suitably qualified surveyor to measure the site and prepare scheme and survey plans, a planning consultant to prepare the planning application and legal services to register the newly created Records of Title.
Council has prepared a brochure on Guidelines for applying for a Subdivision Consent. The brochure provides an explanation of the subdivision process, what information is required in terms of the application, matters covered by consent conditions, and key milestones in the process.