9B.2  General Provisions for Subdivision and All Land Use Consents

Updated 11 September 2018

9B.2.1 Applicability to Subdivision and Land Use

The following rules shall apply to all subdivision (excluding subdivision provided for under Rule 12A.4 - Permitted Activity Rules and Rule 12A.5 - Controlled Activity Rules) and land use consents. This is in addition to the applicable zone rules set out in other sections of the Plan.

1. For the purposes of Rule 9B.2.2 – Specific Requirements for Use, Development and Subdivision of Potentially Contaminated Land and Rule 9B.3 – Restricted Discretionary Activity Rules, use, development (including redevelopment) and subdivision of contaminated land and potentially contaminated land, includes all land-use activities, site preparation and earthworks, but excludes:
   1. Any ongoing activities or occupation of land that is a lawfully established existing use;
   2. Landscaping, fencing (but not retaining walls) and other minor actions where the volume of soil disturbance is no more than 25m³ per 500m² and the duration of the activity is no longer than 2 months;
   3. Internal and external additions and alterations to existing buildings that occur above ground level and do not disturb the ground;
   4. Subdivision which is not associated with a change in use and there is no disturbance of the ground and Bay of Plenty Regional Council has been notified of the subdivision proposal;
   5. Any activities on primary production land used for the bulk production of food that are not associated with a change of use to non-primary production land use (for example, agricultural to residential);
   6. Activities that are otherwise permitted by a rule in the Bay of Plenty Regional Council Regional Water and Land Plan. 

9B.2.2 Specific Requirements for Use, Development and Subdivision of Potentially Contaminated Land 

1. In addition to the requirements of any rule that requires information on a subdivision consent or landuse consent the following shall be included or addressed in a report accompanying an application for a subdivision consent or land use consent:
   1. The known historical use of the site, including any history of land use or any other use that could have resulted in contamination of the soil and in particular any known hotspots;
   2. The results of a comparison of the known historical use of the site with the Ministry for the Environment’s Hazardous Activities and Industries List (HAIL) in accordance with Appendix 9D: The HAIL (Hazardous Activities and Industries List). 
2. If Council is satisfied the land has no history of activities involving the above uses, soil testing shall not be necessary.
3. Should the site have any history of land use or any other use that could have resulted in contamination of the soil and, in particular, any known hotspots, Council will require, before granting subdivision or land-use consent, or as a condition of any such consent granted, that soil testing be undertaken to confirm the land is fit for increased exposure to humans and the environment. Ministry for the Environment Contaminated Land Management Guidelines shall be used to establish this. A site investigation report prepared by a suitably qualified professional is to be provided to the Council in accordance with Guideline No.1 – Reporting on Contaminated Sites in New Zealand, Ministry for the Environment. The Bay of Plenty Regional Council is to be informed of the results of the HAIL comparison to land use history and the findings of the site investigation report.
4. If the contaminated land is separated from the proposed new allotments or land use activity by a safe separation distance in relation to the particular type of hazardous substance causing soil contamination (i.e., it is not affected by the activity proposed and there is unlikely to be significant adverse effects on the environment), then soil testing may not be necessary Also, if the contaminated land is adequately managed (i.e., it is not affected by the activity proposed and there is unlikely to be significant adverse effects on the environment), then soil testing may not be necessary. A site investigation report prepared by a suitably qualified professional is to be provided to the Council in accordance with Guideline No.1 – Reporting on Contaminated Sites in New Zealand, Ministry for the Environment. The Bay of Plenty Regional Council is to be informed of the results of the HAIL comparison to land use history and the findings of the site investigation report regarding the safe separation distance.
5. If the soil testing confirms that the soil is contaminated, the Bay of Plenty Regional Council is to be notified. The area of contaminated land may require remediation to make the location appropriate for its future use. The proposed use, development or subdivision of the contaminated land is a Restricted Discretionary Activity under Rule 9B.3 – Restricted Discretionary Activity Rules. Remediation and certification of remediation from the Bay of Plenty Regional Council is required:
   1. For a land use consent - either as specified in any condition included in a resource consent or before issuing of a building consent, as may be applicable;
   2. For a subdivision consent – before issuing a section 224 certificate. 

Note: Remediation of land affected by contaminated soils requires resource consent under the Bay of Plenty Regional Council’s Regional Land and Water Plan.