Hi. I am not sure if I have ever seen rules within a District Plan controlling fill on boundaries. I believe the Plan (in NZ at least) should consider the environmental outcomes rather than setting rules about fill on a boundary. We would normally consider the effect of placing fill on the boundary; how it will effect overland flow paths, land stability, long term access (future roads, development) etc. Also some Plans define the level at the boundary for height to boundary rules as the level at the time of subdivision, so adding fill may not always be of benefit.
I also agree that having rules about the depth of fill at a boundary would be hugely difficult to monitor yet alone legally establish non compliance. In Auckland region filling at boundaries is often the best way to create suitable building sites.
I suggest anyone interested in this subject attend the LDEG forum planned for early next year as we look at various means of developing land on varying terrain where I believe we will see fill on boundaries and other land development solutions. In the meantime please keep providing feedback on this topic so we can share our expereinces.
Original Message:
Sent: 05 October 2017 22:31
From: Brian Bailey
Subject: Levels Between Subdivisions
One should always be aware of the common law of support in that it is the responsibility of the downhill owner to support the uphill owner. By allowing filling to the boundary is imposing a considerable legal burden on the downhill owner unless easements of support are acquired with clear responsibilities outlined as to who is responsible for what.
Original Message:
Sent: 04 October 2017 16:50
From: Clare Hamilton
Subject: Levels Between Subdivisions
Could anyone advise how they handle fill at boundaries between subdivisions?
Canterbury is a pretty flat region and we have a situation with quite a difference in height between 2 subdivisions. We are considering including a rule in the District Plan either stating that levels at boundaries must be maintained or stipulating that fill can only be installed to a max depth at the boundary. A condition would also the be included on the resource consent in a similar manner.
My feeling is this will be quite restrictive in such a flat area and we will end up with a lot of non-compliances. Has anyone else got any similar rules in the DP or do you handle this kind of thing at engineering approval stage?