COM 0349.904 2006-2008 - Laserfiche WebLink

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5 site in order to ensure site stability mrd to Jorna part of the foundations jot die dwelling. As well, other piling was required to support the dwelling. As !Inter ftnd and, as Mr Gault conceded, the Council reserved for itseljpawer under the district plan to control the bulk and location of the dwelling at the site. It follows that there was a direct camection between the excavation and earthworks required and the bulk mrd location of the dwelling on the site. Plainly, this was a case where the consents overlapped in the sense described in Bayley to such an extent that they could not realistically or properly be separated either jot the purposes of x94 or for the grant of the consents themselves. {13] The consent for subdivision is separate to the consent for a dwelling. If subdivision is likely or contemplated, the two wnsents are so intertwined they should be dealt with at the same time. [14j The second major issue is that Blueskin has sought to convert the application for subdivision to an application for construction of dwellings. There was no dispute that the Dunedin City Plan separates out the subdivision activity from the use of any such subdivided land for dwellings. Iru Garbett for the City Council remains concerned in practical terms as to the almost inevitability that the owners of the dwellings would seek subdivision of the property in order that they could secure separate mortgage funding, and separately control the land in question. [t5] There was a suggestion that, given there were a number of other titles on the western side of the paper road available to the developer, these might be incorporated within one or other of the titles. However, there are several problems with this. [I6] The first is that there would be a disconnection between the various parts of the titles as they cross a paper road. This is likely to involve having to stop the road before the District Land Registrar woulrt allow creation of a title straddling such a road. rye [17] Further, it is clear that the access road for the two properties is problematic. The / p~/+4 ~+,y:~ ~ current compliance certificate relies upon a road being created as shown in "A" from c ' F, µ ~ i is s n~.;