Tauranga City Council has now resolved appeals to the Proposed City Plan through the Environment Court including the definition of Nett Site Area which remains unchanged.
For residential sites which are potentially subdividable, this means that any new sites being created must be 325 m2 excluding any area required for driveways.
However, the Tauranga City Plan also provides for 1 independent dwelling unit per 325 m2 nett site area but does not require you to show how much of the site is taken up for access purposes when applying for a building consent.
Rule 12A.5 d) allows for the creation of allotments to accommodate lawfully established activites.
When you tie all the above together, then the outcome is for example, that you can establish two independent dwelling units on a site of area down to 650 m2 without considering the area of land required for an access leg. A subdivision would be achieved by obtaining a building consent for a second dwelling on your site then applying for a subdivision under Rule 12A.5.
This is a loophole in the City Plan which would allow you to subdivide an existing property site down to two new lots of 325 m2 minimum which may not have been otherwise be possible when considering the nett site area subdivision rules if your existing property is at 650 m2 or slightly greater in area.
We have not had an opportunity to test this approach yet but Tauranga City Council have identified it as a loophole that they intend to close soon through a Plan Change process.
Please contact us if you would like further information.
07 575 4911 or 0274 409 462