A decision to allow a non-complying subdivision in Cromwell without publicly notifying the application has been defended by the Central Otago District Council.
The decision allowed a 700sq m section in an area where the minimum allotment size was 4000sq m.
The application to subdivide the 700sq m section off a 4472sq m piece of land was heard by the Central Otago District Council hearings panel earlier this year. A decision approving the subdivision was announced in March. The land was owned by Graeme and Jan-Marie McDowell, Fraser Court, Cromwell.
The decision has been criticised by a person who contacted the Otago Daily Times but preferred to remain anonymous.
The person said several other people had tried to get approval to subdivide smaller sections on pieces of land near Fraser Court where the zoning also only allowed sections of 4000sq m or greater, but all had been refused.
He said the application should have been publicly notified, and that approving the subdivision would set a precedent and result in an increase in applications from other developers wanting to subdivide land below the minimum area required.
Council planning and environment manager Louise van der Voort said the decision not to notify the application had been correct. She said section 95 of the Resource Management Act set out when to notify or not notify an application.
''In short, if the adverse effects of the application are not more than minor and written approval of all affected parties is received, then the application does not require notification.''
In the case of the Fraser Court application, the council had considered the issue of precedent and acknowledged there would be ''some adverse effects on the environment''.
But a condition had been imposed which prevented further subdivision of areas less than 4000sq m on two lots being amalgamated by the McDowells, and a new dwelling would have already been permitted on the 700sq m area and would not change the density of residential development there.
Significant precedent would therefore be avoided and the effects of the subdivision would be minor.
Written approval for the subdivision had been obtained from neighbours.
Ms van der Voort said council records back as far as 1995 did not show any other subdivisions in the Fraser Court area that had been declined.
