Miket12
I've just finished a discussion with Council about a retaining wall which is to be built on a future boundary between two properties owned by the same person and the discussion is very similar to the chicken/egg debate.
The Council's rules state that a retaining wall built on a boundary needs a Resource Consent including the permission of the next door neighbour.
The problem is that this is a new subdivision of an existing property where a house is to be built on a section which doesn't exist yet - and therefore the boundary doesn't exist yet. With the new section being under 400m², the house has to be built before the title for the section can be applied for and before the house can be built, a retaining wall on the future boundary needs to be constructed.
What's worse is the current resource consent allowing for the house to be built and the subdivision to occur expires in mid-February - which is not my client's fault, he's taken over the project at the last minute as the current owners have run out of money and can't continue with it. Because of the nature of the subdivision, the house needs to be built to the stage where the roof has started before the surveyor can apply for the title and this needs to be done before the resource consent expires meaning there is no time to apply for an extension for the retaining wall.
So here's the problem, the council's point of view is because the plans show a future boundary and therefore that a resource consent is needed because the wall is to be located on that boundary.
My agruement is that the boundary won't exist until after the retaining wall has been built and therefore a resource consent isn't required - the wall only needs to be designed to the strength Council requires for retaining walls located on boundaries and will be covered by the surveyor's plans when he applies for the new subdivision.
Hence, the chicken and the egg debate.
Unlike the chicken and the egg, my boundary verses retaining wall debate has been resolved with the council deciding I was right after I went over the head of the person I'd been dealing with and spoke to their supervisor who decided the retaining wall will come before the boundary.
The Council's rules state that a retaining wall built on a boundary needs a Resource Consent including the permission of the next door neighbour.
The problem is that this is a new subdivision of an existing property where a house is to be built on a section which doesn't exist yet - and therefore the boundary doesn't exist yet. With the new section being under 400m², the house has to be built before the title for the section can be applied for and before the house can be built, a retaining wall on the future boundary needs to be constructed.
What's worse is the current resource consent allowing for the house to be built and the subdivision to occur expires in mid-February - which is not my client's fault, he's taken over the project at the last minute as the current owners have run out of money and can't continue with it. Because of the nature of the subdivision, the house needs to be built to the stage where the roof has started before the surveyor can apply for the title and this needs to be done before the resource consent expires meaning there is no time to apply for an extension for the retaining wall.
So here's the problem, the council's point of view is because the plans show a future boundary and therefore that a resource consent is needed because the wall is to be located on that boundary.
My agruement is that the boundary won't exist until after the retaining wall has been built and therefore a resource consent isn't required - the wall only needs to be designed to the strength Council requires for retaining walls located on boundaries and will be covered by the surveyor's plans when he applies for the new subdivision.
Hence, the chicken and the egg debate.
Unlike the chicken and the egg, my boundary verses retaining wall debate has been resolved with the council deciding I was right after I went over the head of the person I'd been dealing with and spoke to their supervisor who decided the retaining wall will come before the boundary.
