By Myles Goodwin, Rural Subdivision Expert and Environmental Director, Cato Bolam Consultants.
The recent Environment Court ruling has clarified and reinforced the application of the Auckland Unitary Plan’s rural subdivision rules related to Significant Ecological Areas (SEAs), creating new opportunities for landowners to unlock their property’s potential while contributing to environmental protections.
Read on to learn how the Court’s decision could impact your rural land in the Auckland Region.
Why The Environment Court’s Decision Matters
If your rural property includes multiple pockets of wetlands or indigenous bush, the recent Environment Court ruling upholding the application of the rules as they were written could unlock subdivision opportunities that were previously unavailable. The Court’s decision in December 2024 overturned Auckland Council’s interpretation of the Auckland Unitary Plan, allowing non-contiguous (separate) significant ecological areas of protected land to meet the thresholds required for subdivision or transferable titles.
Reassess Your Rural Property’s Potential
Until now, rural landowners with smaller, fragmented Significant Ecological Areas (wetland and bush) have faced barriers to subdividing their land. Auckland Council’s requirement for contiguous areas excluded many properties with high-value ecological features from subdivision opportunities. This ruling changes the game, creating new possibilities for landowners who want to unlock the potential of their property. If you’ve considered subdividing or creating transferable titles but were previously blocked by these restrictions, now is a good time to revisit your plans.
The Environment Court Ruling:
A Quick Breakdown
In December 2024, the Environment Court ruled that:
- Non-contiguous areas of indigenous bush, wetlands, or planting can be combined to meet the required thresholds for subdivision or transferable titles.
- This applies to both on-site subdivisions and creating transferable titles, providing more flexibility for landowners.
For example:
- Two separate wetlands of 0.25ha can now meet the 0.5ha minimum threshold to create a title.
- Smaller bush pockets across your land can also be combined to meet indigenous bush thresholds.
What You Can Do Now
This decision opens the door to a range of new opportunities for rural landowners:
- Increased potential for subdivision and environmental protections: Smaller ecological areas can now contribute to creating subdivision titles.
- Greater flexibility: Combine non-contiguous areas to meet the required size thresholds.
- Potential for multiple titles: Protecting multiple smaller areas across your property could generate more than one title, depending on the total size and ecological value.
However, keep in mind:
- Protected areas must still meet the ecological criteria and other requirements of the Auckland Unitary Plan.
- Expert planning advice is critical to navigating this process and maximising your property’s potential.
Explore Your Rural Subdivision Options
With over 50 years of experience in rural subdivision our expert team of planners, ecologists, and surveyors are here to help explore your land’s potential and deliver your vision.
Contact Myles Goodwin and the team at Cato Bolam today for an obligation-free discovery call. Email: [email protected], visit: www.catobolam.co.nz, or free-call: 0800 2 CATOBOLAM
Learn more about our Rural Subdivision Services.
