Articles

THE ENVIRONMENT COURT CLARIFIES HOW LONG LANDOWNERS HAVE TO COMPLETE THEIR SUBDIVISIONS

When a subdivision consent is issued and does not specify its duration, the Resource Management Act (the Act) says that the consent lapses 5 years after it commences unless it is given effect to.

A subdivision consent is given effect to when the survey plan in respect of the subdivision is submitted to the Council for approval under section 223 of the Act.

Once the Council has approved the survey plan, the landowner has 3 years to deposit the plan with LINZ to obtain the new titles or else the section 223 approval will lapse.

Some Councils have taken the approach that if a landowner obtains the section 223 approval, but does not then deposit the plan within 3 years, both the section 223 approval and the subdivision consent lapse.  This results in a subdivision consent lapsing before the expiry of the 5 year lapse period, effectively reducing the time landowners have to complete their subdivision.

The Environment Court recently clarified the time limits and the effect of the decision is as follows:

a.    A section 223 approval can be submitted to Council at any time (and more than once) before the subdivision consent lapses;

b.    If a section 223 approval lapses before the subdivision consent lapses, the landowner can apply for another section 223 approval but they must do so before the subdivision consent lapses;

c.    Provided that an application for section 223 approval is submitted before the subdivision consent lapses, the landowner then has 3 years from approval to deposit the plan.  This means a plan can be deposited after the subdivision consent lapses, potentially giving a landowner 8 years from the commencement of their subdivision consent to deposit the plan.


- Michelle Paddison


Michelle is an Associate at Sharp Tudhope and heads its RMA team.  If you have any queries regarding this article, Michelle can be contacted on 07 9280766 or email michelle.paddison@sharptudhope.co.nz


*Disclaimer:  This article/post should be considered a guide only. It does not constitute, and should not be relied on, as legal advice.

Written by Michelle Carabine at 09:00
Tags:

Categories:

0 Comments :

Comment

Tags

Latest Comments

Archive