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Subdivision and Land DevelopmentThe Subdivision ProcessMiddleton Williams & Co. are experienced land development professionals offering a total solution for all your Land Development requirements. As Project Managers, we take the process from initial concept to the issue of new titles, advising and consulting with all appropriate parties to ensure a successful development. Feasibility StudyThe first step in the process is to determine whether or not it is feasible to subdivide. Each project has a unique set of issues that need to be addressed. As experienced land development professionals, Middleton Williams & Co. will investigate your project and advise on its feasibility. Information we typically gather includes:
Application for Subdivision ConsentHaving established feasibility, the next step is to obtain subdivision consent, and in some cases resource consent, from the relevant territorial authority. This entails the preparation of a scheme plan showing site topography, physical features, proposed allotment boundaries including any proposed roading, services and reserves if applicable, abutting parcels, new and existing easements and any other relevant information. Scheme plan preparation often requires a topographical survey of the site. The scheme plan is an integral part of a detailed consent application, which addresses the subdivision and land use requirements in the Council's District Plan and the resource management issues including mitigation of any environmental effects. The Resource Management Act 1991 is an effects based piece of legislation, which calls for the consideration of environmental impacts when undertaking any land development project including subdivision. Consideration needs to be given to the effects of the development on the natural and physical environment, ecosystems, people and their communities, amenity values etc. In some instances consent may also be required from the relevant Regional Council. The applicant pays the Council consent fees at the time the application is lodged, and the actual fees or an indication of their cost will be provided to you as part of our quotation. The Resource Management Act 1991 prescribes that the relevant territorial authority has 20 working days in which to process non-notified resource consent applications. The territorial authority also has the right to publicly notify an application under certain circumstances, which may involve a public hearing. We will discuss the likelihood of your project being notified with you as part of the feasibility study. Subdivision/Resource ConsentConsent is usually granted subject to certain conditions and the applicant has 15 working days in which to appeal any condition that is considered to be unreasonable. Typical subdivision conditions may include:
Consent lapses after a period of two years if it has not been put into effect although the applicant may apply for an extension to the time period if necessary. Engineering RequirementsOnce consent has been obtained the task of turning an undeveloped block of land into an attractive living environment commences in earnest. Subdivision projects often require engineering design and a detailed set of engineering plans needs be prepared and approved by the Council prior to any construction. Middleton Williams & Co. are well qualified to manage the engineering aspects of your project. As managers of the project we undertake detailed engineering design, preparation of technical specifications and engineering plans for contract tender, tender evaluation, contract supervision and liaison with other land professionals and interested parties. The Land Transfer ProcessSubdivision of land entails the creation of a number of new titles. For each subdivision the new allotment boundaries (including right of way boundaries) are marked, usually by the familiar white topped pegs, and a survey plan prepared and lodged with Land Information New Zealand (LINZ). The boundaries are generally pegged on completion of the physical works when the services have been installed and the roading completed. The plan of subdivision depicts the exact areas and dimensions of the newly created allotments, roads, reserves, easements etc. and associated survey data. The survey plan forms the basis for the issue of new titles, which are subsequently transferred to the new owner on completion of purchase. Once the plan has been approved as to survey by LINZ and the subdivision has been completed a condition certificate pursuant to Section 224 of the Resource Management Act is issued by the territorial authority that granted the original consent. The Section 224 Certificate is issued once all the conditions of the subdivision consent have been complied with to the Council's satisfaction. This certificate is subsequently lodged with LINZ together with other legal documentation by your solicitor. The lodgement of these documents completes the land transfer and subdivision processes and triggers the issue of new titles. For more information about land development please contact our office via email: Office: wendy.burrows@tcb.co.nz or
Tel: +64 3 366 5428 (Christchurch) |
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