Maven were engaged to assist the client with the subdivision of this site into two allotments. Although the subdivision itself was not complex, it was revealed during the preparation of the subdivision application that the site had a complex and convoluted planning history.
The issue identified by our planning team related to a consent notice registered on the Certificate of Title. Of concern, was the requirement for a road to be vested to Tauranga City Council that provided access to another privately owned property. In the view of the client and our planning team, the road was no longer required as alternative access had already been provided to the other property. It was therefore decided that we sought cancellation of the consent notice under the Resource Management Act 1991.
Maven was tasked with stripping back the historical planning layers which lead to the creation of this consent notice. Those layers included earlier Structure Planning and Development Contribution Models, earlier Urban Growth Plans, earlier District Plan Changes and Appeals, previous Subdivision and Land use resource consents, and the current provisions of the Operative Tauranga City Plan.
The application was process on a limited notified basis. Maven, supported by HOBEC and Harrison Transportation, unraveled the planning history, legal and transport issues, and presented the application to an Independent Commissioner led hearing. We were pleased with the receipt of a favourable decision and a successful outcome.
The Maven team are experienced in complex property matters and can assist using our surveying, planning and engineering disciplines. This project although small in scale, required a degree of expertise across the spectrum of planning. It presented a challenging pathway for something which in our mind was logical, yet achieved client satisfaction.
Te Paeroa Road Ltd