Home development issues Assistance sought

[Patrickrh]

Hi everyone,

I really need your help with my home development.

I bought my home with big section at Auckland a few years ago. Now I plan to subdivide the back section and build a couple of houses for my family and my parents who recently retired from CBD and love to live close to their grand kids.

The council planner required me to get written approval from the neighbors (not just a notification). The reason is ambiguous: the development intensity is high: most of the sections will have 1 lot (70%) and some have two (30%). My development will result in 3 lots. The planner said such development would have a minor effect to the neighbors.

But my development:

1. Complies with maximum site density controls (minimum area/lot）
2. Complies with coverage controls over the entire site
3. Complies with external height in relation to boundary controls
4. Complies with maximum height controls

Because one of the neighbors has already said that he would object any additional new houses in this area (up to a few houndred meters away from his house), it is extremely unlikely that i can have the written approval from him, though it is not personal. Therefore, the planner's request is effectively a decline to my application.

I get along well with all my neighbors and I did all my best to minimize the potential adverse effect to them if there was any. I also make sure my development complies with the council's regulations. But obviously the council doesn't consider my legal right properly.

Besides, building new houses the best solution to the home scarcity in Auckland and it should not be declined simply because someone only wants to make their life easier.

Can anyone give me suggestions? Much appreciated.

If i don't agree with the planner's request, what kind of option do i have? E.g., talk to the planner or the planner's manager? what can i do?

Many Thanks.
Patrick

[charlotte30]

Dear Patrick

I would be talking to a company that specialises in Town Planning (outside of Council). Just google town planners in Auckland, phone them and talk about your options and get them to act for you.
Cheers
Charlotte30

[Bobsyouruncle]

Something sounds amiss PAtrick. If your plan is entirely within code there is no reason whatsoever for notified consent of any kind. Get a hardball planning company to manage it for you. Someone is being silly or there is something you are missing. Either way a pro will pick it up and should get it through.

[Patrickrh]

hi Charlotte, are you a planner yourself?

[Patrickrh]

Thanks. I engage with a professional planner and the council letter is in front of me. It is unlikely that anything important is missed.

The predominant reason given by council is that the post-development density is higher than the rest of the street and thus will be a minor effect to the neighbour. I was asked to provide the written approval from my neighbour which is almost impossible. One of my neighbour is strongly against any new additional building around the area (not personal).

[Bobsyouruncle]

So the planner submitted it or did you? Something still sounds funny. If it complies it complies. I can't see how council can make you get consents that aren't required?

[charlotte30]

Not at all. I have built in the past and know there is more than one way to approach a problem.

[Patrickrh]

Hi Charlotte, Thanks for your suggestion. i actually have a planner doing that for me. But it was very frustrating to receive that from council Last friday.

[Patrickrh]

Something sounds amiss PAtrick. If your plan is entirely within code there is no reason whatsoever for notified consent of any kind. Get a hardball planning company to manage it for you. Someone is being silly or there is something you are missing. Either way a pro will pick it up and should get it through.

Hi, sincerely, I really don't know what's missed. If I know there is one, i will certainly have it resolved.

There is internal height in relation to boundary issue but that's between my houses. But normally it is not an issue and the planner said it is a minor.

What could happen is that my neighbour might complain to council to fight against any development in this area. I guess he did that a few months ago right after he saw the surveyor was doing measuring.

If that's the case, the planner could be more cautious and conservative. But i am not sure.

I did my best to minimise the effect and make everything complies. It is very frustrating that the council still effectively decline my development while they claim that they work hard to increase the house supply.

[Happi]

Sack your planner!

Hi, I really don't know what's missed to the best i know. If there is one, i will have it resolved.

there is internal height in relation to boundary issue but that's between my houses which is mentioned by the planner. But normally it is not an issue and the planner said it is a minor.

What could happen is that my neighbour might complain to council to fight against any development. I guess he did that a few months ago when he saw the surveyor was doing measuring.

If that's the case, the planner could be more cautious and conservative. But i am not sure.

I did my best to minimise the effect and make every complies. very frustrated that the council still effectively decline my development why they claim they work hard to increase the house supply.

If your planner is not able to force council to go ahead without a notified consent then... (drum roll) Sack The Planner!

We used www.ckl.co.nz and they pulled a complex consent out of the hat without a single section 92 request from council.

Get a professional planner with a team backing them. Good luck!

[Patrickrh]

Thanks. So it appears to you that a good planner should resolve this: get the the development permit without notification/writen approval.

[Bulldog]

Thanks. So it appears to you that a good planner should resolve this: get the the development permit without notification/writen approval.

It may be that one or all of these activities are discretionary ie. at Council's discretion. Perhaps talk to the duty planner first to help you understand what is discretionary or not before charging off engaging new planners.

[Patrickrh]

Thanks. Certainly, I will contact my planners. But want to know what other options that I can have.

[Patrickrh]

If your planner is not able to force council to go ahead without a notified consent then... (drum roll) Sack The Planner!

We used www.ckl.co.nz and they pulled a complex consent out of the hat without a single section 92 request from council.

Get a professional planner with a team backing them. Good luck!

HI Happi, Did you use CKL yourself? Thanks.

[Happi]

HI Happi, Did you use CKL yourself? Thanks.

Yes I did. Twice.