What is a boundary rule?
The Ōtorohanga District Plan has rules about how close to and how high in relation to neighbouring boundaries you can build. A boundary rule is a rule controlling the size or position of a structure in relation to the boundary of an adjoining property. Common examples of boundary rules in district plans include yard setbacks and height in relation to boundary rules. A permitted boundary activity can infringe more than one boundary rule.
What is a permitted boundary activity?
A permitted boundary activity is when your proposed building activity breaches these rules but complies with all other relevant rules. In these circumstances you may be eligible to apply for a deemed permitted boundary activity. You also need written approval from all the owners of the property or properties where you share an infringed boundary. This application replaces the need to apply for a resource consent.
What is the criteria?
To qualify to be a deemed permitted boundary activity, a proposed activity must meet the following criteria:
- the proposal must require resource consent due to the infringement of one or more boundary rules in a district plan
- the proposal must not infringe any other district rules
- the infringement must not relate to public boundaries such as a public road or walkway, a reserve, a stream, river or lake, the coast, or esplanade reserve or strip or any land owned by council or the Crown.
- the owners of all allotments with an infringed boundary have given written approval to the proposal, including signing the site plans.
What is included in the application?
Your application for a deemed permitted boundary activity must include the following information:
- A description of the activity
- A plan (drawn to scale) of the site at which the activity is to occur, showing the height, shape and location on the site of the proposed activity
- The full name and address of each owner of the site
- The full name and address of each owner of an allotment with an infringed boundary
- Written approval from each owner of an allotment with an infringed boundary including their signatures on the plan
- Any other information necessary for the Council to check that no other District Plan rules are breached