Request for a copy of the leasehold agreement for the South End huts, Lake Alexandrina.
Request:
I was wondering if it is possible to get a copy of the leasehold agreement for the South End huts.
Also it would be good to get the list of building restrictions/rules for the properties up there.
Response:
Please see attached form of deed of lease with management guidelines at the back. Note that the current rental is $1111.60. This increases in accordance with the terms of the lease.
The Building Act and Building Code will apply and the rules for the South End huts from a Planning perspective are in the District Plan: https://mackenzie.isoplan.co.nz/review An explanation of the relevant rules follows:
The South End huts are zoned General Rural Zone (GRUZ) – link to District Plan chapter is found here – District Plan - Mackenzie District Plan. However the huts are also subject to a Precinct as well – the Takamana / Lake Alexandrina Hut Settlements Precinct (PREC3) – link to this District Plan chapter is here - District Plan - Mackenzie District Plan.
For activities within this Precinct, the provisions of both the underlying zone (GRUZ) and this Precinct apply. If the zone chapter and precinct chapter contain a rule or standard managing the same thing (e.g. a buildings and structures rule or a height standard), the applicable rule or standard in the Precinct applies and the equivalent rule in the underlying zone does not apply.
This would mean for instance, for extensions to a hut or a replacement hut, only PREC3-R1 Buildings and Structures, rather than GRUZ-R2 Residential Unit is applicable.
Under rule PREC3-R1 Buildings and Structures all buildings and structures (including extensions / alterations) require resource consent as a restricted discretionary activity where the activity complies with a number of standards (PREC3-S1 through PREC3-S8). These standards set controls such as a maximum coverage of 60m? (excluding car ports and decks), maximum height, separation distance between buildings and structure and more. You can check all the standards using the above link provided to the PREC3 chapter. The standards have also been provided below in a table. If you cannot comply with the standards, then a discretionary or non-complying activity resource consent is required, depending on what standard is breached.
Some of the huts in the front row (northern most row) are also subject to a Sites of Natural Significance overlay. If this is applicable, the District Plan requirements can be found here: Section-19-Ecosystem-and-Indigenous-Biodiversity-Updates.pdf
The site at the South End huts is also subject to a Flood Hazard Assessment Overlay. In the Natural Hazards chapter, rule NH-R1 New Natural Hazard Sensitive Buildings provides for such buildings as a permitted activity where clauses 1-3 are complied with. This requires any application for resource consent or building consent to be accompanied by a Flood Hazard Assessment – these can be obtained from Environment Canterbury – see - https://www.ecan.govt.nz/do-it-online/property-information/flood-hazard-assessments/. For details on NH-R1 rule please see: District Plan - Mackenzie District Plan.
PREC3 Standards
PREC3-S1 Maximum Coverage of Buildings and Structures
- The maximum coverage for buildings and structures per site shall be 60m2, excluding car ports and decks.
PREC3-S2 Maximum Height
- The maximum height of any building or structure shall not exceed 4 metres above natural ground level.
- The front row of Huts adjacent to Takamana / Lake Alexandrina at the Outlet Settlement shall not have a roof height that exceeds the height of the Middle Road access and/or the rear site boundary.
PREC3-S3 Colour and Design
- The exterior cladding of any building shall only comprise the following materials:
a. corrugated iron;
b. timber weather boards;
c. painted cement board; or
d. natural stone. - All painted cladding shall be coloured in natural tones of light browns, greens and greys with a light reflectivity value between 5% and 35%.
PREC3-S4 Separation
- There shall be a minimum separation distance between buildings and structures of 4m.
PREC3-S5 Setbacks
- Any building or structure shall be setback a minimum of 2m from any internal boundary.
PREC3-S6 Fencing and Landscaping
- Vegetation shall not obscure the lake view of other properties.
- All plantings shall be of indigenous species endemic to the area.
- No fencing and/or hedges shall be used to demarcate individual site boundaries, except where provided for by 4. below.
- PREC3 boundary fencing shall be limited to pest management and stock control. Fencing materials shall consist of “post and wire” typically used in a rural environment.
PREC3-S7 Wastewater Disposal
- Unless a reticulated network is available, all huts shall have either:
- a.) All liquid waste discharged into a holding tank, with a minimum size of 3,000 litres, for which receipts for the emptying of those holding tanks, by an approved septic tank maintenance contractor, are to be provided to the Council on request; or
- b.) An on-site composting wastewater disposal system authorised by the Canterbury Regional Council by way of a rule in a regional plan or a resource consent.
PREC3-S8 Encroachment onto Roads
- No building or structure shall be located within a road, except where necessary for the operation, maintenance or upgrade of the road.