Planning Flashcards

1
Q

RMA definition of subdivision? (defined in s218)?

A

Division of an allotment by:
- application or the issue of a separate record of title for any part of the allotment
- disposition by way of sale
- by the grant of a company lease or cross lease in respect of any part of the allotment
- by the deposit of a unit plan

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2
Q

RMA definition of allotment (defined in s218)?

A
  • any parcel of land or building or part of a building that is shown or identified separately on a survey plan
  • any unit on a unit plan
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3
Q

Process for separating multiple allotments from one record of title to multiple records of title?

A
  • Check district plan

Complies? Yes = s226. No = subdivision process.

  • feasibility
  • Subdivision application plan
  • Consent
  • Land transfer plan
  • S223 s224c
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4
Q

What consents are generally needed for large subdivisions?

A
  • Subdivision consent
  • Land use consent (earthworks)
  • NESCS consent (contaminated material)
  • Discharge of construction phase stormwater - Regional.
  • Discharge of minor contamination discharges (coggulants and flocculants) into land and surface water - Regional.
  • Discharge consent for operational phase stormwater - Regional.
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5
Q

RMA Section 106

A

Consent authority may refuse to give consent in certain circumstances…
- there is significant risk from natural hazards (s106 hazard assessment).
- sufficient provision has not been made for legal and physical access.

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6
Q

RMA Section 218

A

Meaning of subdivision of land

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7
Q

RMA Section 220

A

Condition of subdivision consents

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8
Q

RMA Section 221

A

Territorial authority to issue a consent notice - where subdivision consent is granted subject to a condition to be complied with on a continuing basis.

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9
Q

RMA Section 223

A

Approval of a survey plan by a territorial authority

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10
Q

RMA Section 224

A

Restrictions upon deposit of a survey plan

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11
Q

RMA Section 224(c)

A

Certificate from the TA stating that it has approved the survey plan under s223 AND all conditions ofsubdivision consent have been complied with.

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12
Q

RMA Section 224(f)

A

Certificate from the TA that every existing building complies with or will comply with the building code (in relation to a unit title plan/cross lease/company lease)

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13
Q

RMA Section 225

A

Agreement to sell land or building before deposit of plan.

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14
Q

RMA Section 226

A

Restrictions upon issue of certificates of title for subdivision - ask claire

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15
Q

Tree design and selection (council land)

A
  • List of trees on CCC website
  • Any planting must be approved by a council arborist or landscape architect
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16
Q

7 Cs - Context

A
  • Qaulity urban design recognises buildings, places, and spaces not as isolated elements but part of the whole town/city.
  • Undertsands the social, cultural, and economic context as well as physical elements and relationships.
17
Q

7 Cs - Character

A
  • Quality urban design reflects and enhances the distinctive character and culture of our urban design environment.
  • Recognises that character is dynamic and evolving, not static.
18
Q

7 Cs - Choice

A
  • Quality urban design fosters diversity in the urban form of our towns and cities.
  • Provides choice in densities, building types, transport options, and activities.
19
Q

7 Cs - Connections

A
  • Quality urban design recognises how all networks (streets/walking and cycling routes/services etc.) connect and support healthy neighbourhoods, towns, and cities.
20
Q

7 Cs - Creativity

A
  • Quality urban design encourages creative and innovative approaches.
21
Q

7 Cs - Custodianship

A
  • Quality urban design reduces the environmental impacts of our towns and cities through environmentally sustainable and responsive design solutions.
22
Q

7 Cs - Collaboration

A
  • Quality urban design requires good communication and
    co-ordinated actions from all decision-makers.
23
Q

How to get consent with minimum sized allotments or smaller?

A

Include dwelling and outdoor space designs to show the development will meet built form standards.

24
Q

What information is needed before creating easements?

A

Service locations, relationship to primary parcels, and types of services/rights required.

25
Q

What is the planning framework?

A
  1. Resource Management Act
  2. National Policy Statement & National Environmental Standards
  3. Regional Policy Statement
  4. District & Regional Plans
  5. Consents
26
Q

National Policy Statement

A
  • Developed by central government
  • State objectives and policies for matters of national significance relevant to sustainable management of natural and physical resources
27
Q

National Environmental Standard

A
  • Set by central government
  • Prescribe technical standards, methods, or other requirements for environmental matters
28
Q

Regional Policy Statements

A
  • Developed by regional councils
  • Provide an overview of RM issues of a region
  • Methods to achieve integrated management of the natural and physical resources of a region
29
Q

Regional Plans

A
  • Developed by regional councils
  • Rules around things such as activities in the coastal marine area and discharges to air and water
30
Q

District Plans

A
  • Developed by city and district councils
  • Sets policies and rules a TA will use to manage development of land in its area
31
Q

What does schedule 4 require to be in a general consent?

A
  • description of the activity
  • description of the site
  • name and address of owners
  • description of other activities and consents relating to the proposal
  • assessment of the matters set out in part 2
  • assessment against any relevant objectives/policies/rules in a document
  • assessment of activities effects on the environment
32
Q

What does schedule 4 require to be in a subdivision consent?

A
  • position of all new boundaries
  • areas of all new allotments
  • location and areas of new reserves to be created
  • locations and areas of land to be set aside as new roads
33
Q

Site visits - what do you look for? what preparation should you do beforehand?

A
  • looking at the environment and how you will assess effects
  • contamination issues
  • existing site conditions
  • wider environment
  • access
  • review the distirct plan rules so you can assess them on site e.g. site distances
34
Q

Why do a plan change over a non-complying activity?

A

Non-complying
- Unlikely to get consent
- will probably fail 104D gateway test (effects to be minor and must not be contrary to objectives and policies of the district plan)

Plan change
- More likely to get approval
- ‘Asking council to change the zoning’
- Applicant will have the opportunity to prove that it is suitable for new zone

35
Q

What might you do now that the new district plan has come out for a plan change site?

A
  • submissions in favour
36
Q

What are the types of activities and explain the differences for each one. (section 87A)

A
  • Permitted activity = does not require consent (certificate of compliance s139)
  • Controlled activity = must grant consent & conditions are limited to matters of control.
  • Restricted discretionary = power to decline consent or impose conditions limited to restricted matters of discretion
  • Discretionary = may grant or decline the consent with or without conditions (unlimited matters of discretion)
  • Non-complying = may grant or decline consent with or without conditions but only if 104D gateway test is met
    -Prohibited = not allowed and cannot apply for consent
37
Q

104D gateway test

A
  • Non-complying activities
  • effects to be minor and must not be contrary to objectives and policies of the district plan
38
Q

What is the purpose of the RMA and how can sustainable design promote this?

A
  • promote the sustainable management of natural and physical resources

E.g. Prevelles Estate - Prebbles Drain