Land Development Engineering

​Hi all

We have been having a lot of discussion here at Tauranga City Council around how section 72 of the building act should influence our assessment of a resource consent for subdivision.

Section 72 of the building act essentially states that there should be a registration on the title if there is a natural hazard located on the land. Obviously we cannot consider the building act as part of a resource consent but we are finding that a subdivision consent may get issued based on the application satisfactorily giving provision to avoid, remedy or mitigate the effects of a natural hazard but finding it will still get a section 72 when it gets to building consent. This can create some confusion/frustration for the applicant.

I would love to get some feedback around how you assess natural hazards as part of a subdivision consent and if you take section 72 of the building act into account. I was also like to know how you apply section 72, do you consider a sec72 necessary if the hazard is on the land (no matter where) or do you have some means of discretion e.g. as long as the hazard is greater then 8m away from a building platform a sec72 is not required.

Many Thanks

------------------------------
Clare Hamilton
Land Development Engineer
Tauranga City Council
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​Hi Clare

if the Hazard will be there the life of the development then have you considered requesting an easement to be placed over/covering the Hazard. I know this may end up opening Pandora's box, but just a thought.

------------------------------
Regards

Phill Oakley
Engineering Design Officer
Singleton Council
------------------------------

Original Message:
Sent: 05 May 2019 21:52
From: Clare Hamilton
Subject: Natural Hazards Assessment Under the Resource Consent

​Hi all

We have been having a lot of discussion here at Tauranga City Council around how section 72 of the building act should influence our assessment of a resource consent for subdivision.

Section 72 of the building act essentially states that there should be a registration on the title if there is a natural hazard located on the land. Obviously we cannot consider the building act as part of a resource consent but we are finding that a subdivision consent may get issued based on the application satisfactorily giving provision to avoid, remedy or mitigate the effects of a natural hazard but finding it will still get a section 72 when it gets to building consent. This can create some confusion/frustration for the applicant.

I would love to get some feedback around how you assess natural hazards as part of a subdivision consent and if you take section 72 of the building act into account. I was also like to know how you apply section 72, do you consider a sec72 necessary if the hazard is on the land (no matter where) or do you have some means of discretion e.g. as long as the hazard is greater then 8m away from a building platform a sec72 is not required.

Many Thanks

------------------------------
Clare Hamilton
Land Development Engineer
Tauranga City Council
------------------------------

​Thanks Phillip

An interesting thought but I'm not sure it would work in this scenario. The hazard would be on the same lot as the dwelling and so who would the easement be attributed to and what would it entail?

Clare

------------------------------
Clare Hamilton
Land Development Engineer
Tauranga City Council
------------------------------

Original Message:
Sent: 07 May 2019 22:02
From: Phillip Oakley
Subject: Natural Hazards Assessment Under the Resource Consent

​Hi Clare

if the Hazard will be there the life of the development then have you considered requesting an easement to be placed over/covering the Hazard. I know this may end up opening Pandora's box, but just a thought.

------------------------------
Regards

Phill Oakley
Engineering Design Officer
Singleton Council

Original Message:
Sent: 05 May 2019 21:52
From: Clare Hamilton
Subject: Natural Hazards Assessment Under the Resource Consent

​Hi all

We have been having a lot of discussion here at Tauranga City Council around how section 72 of the building act should influence our assessment of a resource consent for subdivision.

Section 72 of the building act essentially states that there should be a registration on the title if there is a natural hazard located on the land. Obviously we cannot consider the building act as part of a resource consent but we are finding that a subdivision consent may get issued based on the application satisfactorily giving provision to avoid, remedy or mitigate the effects of a natural hazard but finding it will still get a section 72 when it gets to building consent. This can create some confusion/frustration for the applicant.

I would love to get some feedback around how you assess natural hazards as part of a subdivision consent and if you take section 72 of the building act into account. I was also like to know how you apply section 72, do you consider a sec72 necessary if the hazard is on the land (no matter where) or do you have some means of discretion e.g. as long as the hazard is greater then 8m away from a building platform a sec72 is not required.

Many Thanks

------------------------------
Clare Hamilton
Land Development Engineer
Tauranga City Council
------------------------------

​Hi Clare
need to know what the hazard is to more appropriately define if this will work. Can discuss more by email. my email is poakley@singleton.nsw.gov.au

------------------------------
Regards

Phill Oakley
Engineering Design Officer
Singleton Council
------------------------------

Original Message:
Sent: 09 May 2019 17:25
From: Clare Hamilton
Subject: Natural Hazards Assessment Under the Resource Consent

​Thanks Phillip

An interesting thought but I'm not sure it would work in this scenario. The hazard would be on the same lot as the dwelling and so who would the easement be attributed to and what would it entail?

Clare

------------------------------
Clare Hamilton
Land Development Engineer
Tauranga City Council

Original Message:
Sent: 07 May 2019 22:02
From: Phillip Oakley
Subject: Natural Hazards Assessment Under the Resource Consent

​Hi Clare

if the Hazard will be there the life of the development then have you considered requesting an easement to be placed over/covering the Hazard. I know this may end up opening Pandora's box, but just a thought.

------------------------------
Regards

Phill Oakley
Engineering Design Officer
Singleton Council

Original Message:
Sent: 05 May 2019 21:52
From: Clare Hamilton
Subject: Natural Hazards Assessment Under the Resource Consent

​Hi all

We have been having a lot of discussion here at Tauranga City Council around how section 72 of the building act should influence our assessment of a resource consent for subdivision.

Section 72 of the building act essentially states that there should be a registration on the title if there is a natural hazard located on the land. Obviously we cannot consider the building act as part of a resource consent but we are finding that a subdivision consent may get issued based on the application satisfactorily giving provision to avoid, remedy or mitigate the effects of a natural hazard but finding it will still get a section 72 when it gets to building consent. This can create some confusion/frustration for the applicant.

I would love to get some feedback around how you assess natural hazards as part of a subdivision consent and if you take section 72 of the building act into account. I was also like to know how you apply section 72, do you consider a sec72 necessary if the hazard is on the land (no matter where) or do you have some means of discretion e.g. as long as the hazard is greater then 8m away from a building platform a sec72 is not required.

Many Thanks

------------------------------
Clare Hamilton
Land Development Engineer
Tauranga City Council
------------------------------