Code of subdivision

Press, 10 May 1979, Page 13

Code of subdivision

People carrying out subdivisions should be aware of changes in the law.

A city or county council is now required to prepare and publish a Code of Urban Subdivision, which makes known essential requirements and any additional matters which will be of assistance to subdividers. The code might include matters referred to in a council s aistrict scheme.

It is likely that the councils will adopt a code now being prepared by the Standards Association of New Zealand. It is obvious that the code will supersede subdivision guidelines previously drawn up by mapy councils. s-

An illustration of the move towards consumer protection is evident in the section of the act describing agreements for sale and purchase of land or buildings which are the product of a subdivision.

In the possible but unlikely event of a subdivision failing before completion, and before the deposit of a survey plan, a purchaser may withdraw more readily from an agreement. Ar. agreement may ne cancelled by the purchaser

giving notice in writing within 14 days. The agreement may also be cancelled if the subdivider is not making reasonable progress with the work. The Crown is not bound by most of the provisions of this section of the act.

Council approval of a scheme plan of subdivi-

sion is now valid for three years, which is a longer period than was previously allowed in cities, boroughs, and counties. With tight zoning restrictions, and with frequently more physically difficult land being developed, many people will be pleased with the extra time. However, the extra time may mean that a subdivider is paying more inter-

est on borrowed capital, and a contractor may undertake his construction work with less urgency. As permitted by both the old and the new legislation, long narrow strips of frontage and common rights-of-way often provide legal and physical access to a number of back sections.

Just one example of this is the complicated and time-wasting system for Balmoral Lane, on the hills above McCormacks Bay. Although it was possible but rarely done before, the new act encourages the setting aside of special “access lots,” which in addition to providing physical access, are owned ten-ant-in-common by the group of back sections. Surveyors see this system as a big step forward.

Just to illustrate that the news is not all good, one should be aware that any person found subdividing land not in accordance with the approved scheme plan, or contravening a decision af the planning tribunal, can be fined up to $lOOO. Non-compliance with other provisions of the act can lead to a fine of up to $5OO.