Rights?

House up in front of me has been sold ans I have had the guy who bought it visit and say they want to develop.

They can go six storeys high. Do I have any rights or can I put restrictions etc as it will be a big wall of apartments next to my fence, no light, and extra traffic on the street which is already getting too busy as it is.

He also wants to tap into a public sewer pipe which is about 1-2m in my section to avoid going across the road, pros and cons of that?

I knew someone would buy it and wouldn’t mind a new house on the back etc but not keen on say 18 apartments or more!

Thanks!

christin - 2020-11-02 19:18:00

You need to look at the district plan and what the rules are in your area.

It may help to talk to the planning guys at your council.

There is no standard set of rights.

tony9 - 2020-11-02 20:09:00

tony9 wrote:

You need to look at the district plan and what the rules are in your area.

It may help to talk to the planning guys at your council.

There is no standard set of rights.

Thanks. I know they’re allowed to go six storeys high in my area. Just not keen on it so close to the boundary blocking light etc.

Has overgrown trees there before ans when cut down so much more sun. I’m in a single level house so will be dwarfed,

I’d imagine not much I can do but just wondering as if I could push further back from my fence etc I would!

Also not sure if I should allow into my sewer pipe, said I’d get compensation but not sure what’s normal,

christin - 2020-11-02 20:26:00

I would say no to the swear pipe for sure.
Would you consider selling your place to the developer and moving elsewhere??
it can't block your light, privacy- there will be details at council. Just don't sign anything agreeing to anything until talked to council planners

fromnature - 2020-11-02 20:56:00

Your district plan will have rules about setbacks from the boundary and light planes. Best to talk to your building section about what it could mean. I've usually found them pretty helpful.
Sounds a bit like my daughter's situation where she recently found out that the three neighbours to one side had sold to a developer who is putting up 12x3 story units pretty close to their boundary. Issue for them was they have just done an extension to create a house for the next 10 years and now just can't contemplate living next to so dense a development. They've sold the house and section to the developer but had him wanting immediate access rights to do preliminary measurement and works and power of attorney over the property even though they don't settle until March!
Thankfully they were savvy enough to talk with and have their lawyer review first and the lawyer helped them get the best position for them otherwise next thing they were going to have dazzle paint and holes over their lawn with no say, not to mention contractors being able to come on to the property when they wanted. Some had already turned up asking even though the sale had not been agreed!
So for any agreement about utilising your sewer pipe sign nothing until you've had your lawyer run their eye over it. Think about if you are still there in 5 years time and something goes wrong it'll be your bit of yard they are digging up.

Edited by hers.nz at 9:03 pm, Mon 2 Nov

hers.nz - 2020-11-02 21:00:00

Thanks, I def won’t sign anything, sewer is only about a meter in and would give me some $ as otherwise have ti go across the road and traffic management etc, also replacing fences etc.

The sewer is the council main line running across my property snd along others.

It would block light and privacy as my entry and bedroom there,

The section is about 800sqm so I’d imagine luckily can’t put on 12 three storie buildings, taking in account would need driveway ans parking etc.

Prefer not to sell as like house and also neighbour behind me would have to sell too as the two of us are cross lease,

christin - 2020-11-02 21:23:00

I would ask the developer if he wants your place too.

kittylittle - 2020-11-02 21:27:00

Go and talk to the town planning dept at your local council. We had a two storey house built next to us years back and it was all quite stressful as we didn't know what was going there and where. Went and made sure for ourselves that the restrictions for light etc were being adhered to (as much as we understood lol) and had a look at the actual plans. I would get advice as others have said re the sewer pipe

bluebear609 - 2020-11-02 22:00:00

bluebear609 wrote:

Go and talk to the town planning dept at your local council. We had a two storey house built next to us years back and it was all quite stressful as we didn't know what was going there and where. Went and made sure for ourselves that the restrictions for light etc were being adhered to (as much as we understood lol) and had a look at the actual plans. I would get advice as others have said re the sewer pipe

If it is a "mains" sewer pipe, it'll be all bad news to the land owner.

smallwoods - 2020-11-02 22:01:00

kittylittle wrote:

I would ask the developer if he wants your place too.

Since it's a crosslease the OP can't do that.

luteba - 2020-11-02 22:33:00

luteba wrote:

Since it's a crosslease the OP can't do that.

Yep, and apart from that I’m happy here area wise. It’s close to a train station for work, close to friends and family and it’s got the perfect section for my dog, like the layout, style and number if bedrooms etc. I like this place

He hadn’t got plans so not sure what he’s going to build. I don’t mind if town houses etc go there, it’s hard to know as he doesnr know yet or hasn’t fit it designed.

christin - 2020-11-02 22:45:00

smallwoods wrote:

If it is a "mains" sewer pipe, it'll be all bad news to the land owner.

In what way?

christin - 2020-11-02 22:45:00

luteba wrote:

Since it's a crosslease the OP can't do that.

Nonsense.

johnston - 2020-11-03 06:14:00

Well it's all about the district plan, as for the sewerI think you will find that they have every right to tap into it and so long as no damage etc, you need to see the plans first and then talk it over with some planning guru, No good sticking your head in the sand, this is the new way to build the housing around the services, train lines and main roads, this is how to get the public transport popular eventually. It's about the future. And no I wouldn't like this next to my house either. Good luck and don't stress.

msigg - 2020-11-03 07:06:00

This message was deleted.

mh1989 - 2020-11-03 08:20:00

christin wrote:

In what way?

Easements can be forced to allow others to join the "mains" sewer line.
Different if yours is an arterial sewer line, heading to the mains.

Doesn't mean they can dig up the ground and leave it as a battle field.
But access can't be denied, as a court order will be sought.

smallwoods - 2020-11-03 08:20:00

christin wrote:

They can go six storeys high. Do I have any rights or can I put restrictions etc

No.

lythande1 - 2020-11-03 08:26:00

smallwoods wrote:

If it is a "mains" sewer pipe, it'll be all bad news to the land owner.

oh missed the mains part, they have to put it all back right if access

bluebear609 - 2020-11-03 08:29:00

the sewer isnt my main issue, if they tap into that they tap into that.

and not sticking my head in the sand. I know something will be built there, im not expecting it to be a empty back yard forever. - but i am looking at what restrictions, ie how close to boundary i can have etc to make my section devalue less, be more pleasant for me etc. They are building it for their benefit, im simply looking after mine.

id like to see the plans too but not designed yet. I dont mind a few townhouses there, but dont really want a big six storey block unit right up on my boundary. But had a read this morning and i found out they probably cant do that.

- Maximum height they can build is 16m. Three storey is about 12m according to google (obviously that varies, but wont be six stories high)
- If it is a three storey one it has to be 9m away from the boundary (if I have calculated right. They have 3m height at my boundary, and then a 45 degree angle out).
- Can only cover 50% of the section
- 70% of the area must be impervious
- 30% of the area must be landscaped

so id imagine going by that if its a building it will be mostly at the front as the road allows them to get closer than residential boundaries. And as they can only cover 50% then will have a chunk at the back not up against my boundary.

hopefully ive got that right. from this.... page 15ish onwards http://content.aucklanddesignmanual.co.nz/design-process/Uni
taryPlan/Documents/UNITARY%20PLAN_UploadV1.pdf

christin - 2020-11-03 08:40:00

Ok you have listened to the developer and now is the time to go and chat with the people at the council and see what the developer can and can't do. From the experiences I have had over the years many developers are full of hot air and usually they are trying to find out how reactive a neighbour is and if you will give in to their many varied demands. Never agree with anything the developer says and also it sometimes pays just to mention "my lawyer" or my "architect" if the developer is being rather pushy. Amazing how mentioning either of these can settle down a smart developer

strathview - 2020-11-03 08:45:00

And if you do consult a lawyer - make sure it is one with knowledge and expertise on Planning matters. Your regular lawyer (if you have one) may actually have very limited knowledge and without having to pay them to spend a lot of time researching stuff, it may be wiser to ask for 'suggestion or recommendation' of one who works on that sort of stuff.

brouser3 - 2020-11-03 13:19:00

johnston wrote:

Nonsense.

Oh interesting, would you be willing to expand?
I assumed that if your property is crosslease, a developer couldn't buy it to knock down and build on unless s/he had the permission of the other crosslease owner?

luteba - 2020-11-03 15:19:00

Hope none get bought by investors or Kāinga Ora.
What a nightmare.
Seems neighbours have no rights anymore.

pcle - 2020-11-03 15:27:00

pcle wrote:

Hope none get bought by investors or Kāinga Ora.
What a nightmare.
Seems neighbours have no rights anymore.

Thats further up the road! parking is gonna be worse. lucky i can park a few cars in my area but still!

christin - 2020-11-03 15:31:00

pcle wrote:

Hope none get bought by investors or Kāinga Ora.
What a nightmare.
Seems neighbours have no rights anymore.

Clear them all out and build massive apartment blocks and keep doing it til prices/rents come back down to earth with a bump. The younger generation have had enough of this property ponzi.

kestrel43 - 2020-11-03 15:56:00

If you are in a zone that allows 6 story houses to go up next to you, we’ll there is not a lot you can do to stop that from going ahead .... so You either put up with it or sell up and move to greener pastures ? Mind you if your neighbour can put a 6 story building up, the chances are you could do the same , and who knows probably the whole street or suburb? You may not get mega bucks for it as everybody else can do it too. As far as taping into sewer line goes, you want to make sure it will not affect your own property resale value in the future , incase you want to build a 6 story apartment building on your place and the councils tells you sorry but unless you upgrade it at $$$..... (to cope with the extra volume) , you can’t build on it...

argentum47 - 2020-11-04 18:16:00

YOur proximity to the rail network determines housing density. it also would have put your land value up somewhat. but that is a false value in the sense that unless someone buys up both of the X lease sites to develop, it doesn't really have that value. So you might want to stay put and look at buyng the other property if it comes up for sale.
Can't say I'd be thrilled with the prospect of six storied apartments looming over me. but, I would work co-operatively with the developer as you can't fight it. and then decide if you can live with the light reduction, it might be ok. but i'd want to know if you will be next to the driveway, and talk about soundproof fencing with the developer.

heather902 - 2020-11-04 18:33:00

luteba wrote:

Oh interesting, would you be willing to expand?
I assumed that if your property is crosslease, a developer couldn't buy it to knock down and build on unless s/he had the permission of the other crosslease owner?

There is no suggestion that the 800sm potentially development site is connected to the op's property.My guess is they share a rear boundary.

goosey21 - 2020-11-04 21:05:00

luteba wrote:

Oh interesting, would you be willing to expand?
I assumed that if your property is crosslease, a developer couldn't buy it to knock down and build on unless s/he had the permission of the other crosslease owner?

Being a cross lease does not stop anyone buying it without the other flats nor buying all the flats.

johnston - 2020-11-04 21:13:00

argentum47 wrote:

If you are in a zone that allows 6 story houses to go up next to you, we’ll there is not a lot you can do to stop that from going ahead .... so You either put up with it or sell up and move to greener pastures ? Mind you if your neighbour can put a 6 story building up, the chances are you could do the same , and who knows probably the whole street or suburb? You may not get mega bucks for it as everybody else can do it too. As far as taping into sewer line goes, you want to make sure it will not affect your own property resale value in the future , incase you want to build a 6 story apartment building on your place and the councils tells you sorry but unless you upgrade it at $$$..... (to cope with the extra volume) , you can’t build on it...

im not actually asking to stop it. was asking what restrictions, ie how far away etc etc. not saying as i said it should be an overgrown back yard forever.

I dont mind too much something going there, it will be tidier, and new fencing etc. But i dont want it smack bang up against the boundary.

christin - 2020-11-05 15:41:00

heather902 wrote:

YOur proximity to the rail network determines housing density. it also would have put your land value up somewhat. but that is a false value in the sense that unless someone buys up both of the X lease sites to develop, it doesn't really have that value. So you might want to stay put and look at buyng the other property if it comes up for sale.
Can't say I'd be thrilled with the prospect of six storied apartments looming over me. but, I would work co-operatively with the developer as you can't fight it. and then decide if you can live with the light reduction, it might be ok. but i'd want to know if you will be next to the driveway, and talk about soundproof fencing with the developer.

luckily my living etc is down the far end of the section, away from this development. and i have a parking area out the front so shouldnt be right next to my windows, but would still be nice to be further back for lack of sun.

i dont htink they can go too close anyway going by what i put above. In a way it probably makes my house more valueable as will be less and less 600sqm sections around! not that thats huge, but seems tob e getting a bit rarer around central auckland!

he says three stories. wont be six. looks like they cant go to six going by height restrictions.

even if i decide to move, ill keep my place and buy another and rent mine out. Could easily rent it out for more than mortgage on another place, its 5 bedrooms, and could have a bit left over if i went to a two bedoom place!

Edited by christin at 3:49 pm, Thu 5 Nov

christin - 2020-11-05 15:43:00

goosey21 wrote:

There is no suggestion that the 800sm potentially development site is connected to the op's property.My guess is they share a rear boundary.

yes, we (two of us, two standalone houses, not flats), are behing a big long property. Me being at the front, my neighbour at the back. 600sqm each so although cross leased both have a lot of seperate area and plenty of parking each

i must be a good neighbour, as my neighbour thought i might sell so was worried! and relieved when i said im not!

christin - 2020-11-05 15:47:00

christin wrote:

luckily my living etc is down the far end of the section, away from this development. and i have a parking area out the front so shouldnt be right next to my windows, but would still be nice to be further back for lack of sun.

i dont htink they can go too close anyway going by what i put above. In a way it probably makes my house more valueable as will be less and less 600sqm sections around! not that thats huge, but seems tob e getting a bit rarer around central auckland!

he says three stories. wont be six. looks like they cant go to six going by height restrictions.

even if i decide to move, ill keep my place and buy another and rent mine out. Could easily rent it out for more than mortgage on another place, its 5 bedrooms, and could have a bit left over if i went to a two bedoom place!

Its great you can see the positives. I think a lot of homeowners are coming to terms with what it means to be in close proximity to the rail corridor.
I personally don't think an apartment block towering above you makes your property more appealing as it is, but in the long run the land will gain value, when all the ducks are in a row and a developer has landbanked all the adjoining sites. If your adjoining cross lease site is for sale then buy it.

heather902 - 2020-11-05 19:06:00

heather902 wrote:

Its great you can see the positives. I think a lot of homeowners are coming to terms with what it means to be in close proximity to the rail corridor.
I personally don't think an apartment block towering above you makes your property more appealing as it is, but in the long run the land will gain value, when all the ducks are in a row and a developer has landbanked all the adjoining sites. If your adjoining cross lease site is for sale then buy it.

I’m hoping it won’t be towering, if it’s three storeys and set back it will be okay, My house is tallish on its own due to three meter stud, Also there is a large dip in the land they will be building on so if they keep that or build using it then it won’t be too bad,

Fingers crossed

And I may consider buying the house behind me if it comes up, although will be around 900k so don’t be good rental opportunity till I sell as only a small three bedder, but an option.

I don’t think being by an apartment makes it more appealing just think with them all going up ans any decent bits of land mean it’s easier to sell the fewer snd fewer bits around here with a decent section, Over time anyways,

Edited by christin at 6:19 am, Fri 6 Nov

christin - 2020-11-06 06:17:00

he has written to me offering me some $ to hook in sewer pipe. saying he will replace garden fences and reconcrete paving area. also offering to pay a one off legal fee to review the agreement.

contacted watercare and apparently my pipe can handle it as i have a very big pipe, bigger than 95% off aucklands mains.

have contacted a lawyer i know to see what they say.......

christin - 2020-11-06 11:40:00

christin wrote:

I’m hoping it won’t be towering, if it’s three storeys and set back it will be okay, My house is tallish on its own due to three meter stud, Also there is a large dip in the land they will be building on so if they keep that or build using it then it won’t be too bad,

Fingers crossed

And I may consider buying the house behind me if it comes up, although will be around 900k so don’t be good rental opportunity till I sell as only a small three bedder, but an option.

I don’t think being by an apartment makes it more appealing just think with them all going up ans any decent bits of land mean it’s easier to sell the fewer snd fewer bits around here with a decent section, Over time anyways,

Our house is nearly 11 meters (with resource consent) thats tall!
Are you sure about 9 meters from a boundary? I've seen sites developed near our local rail that are way closer than that. Look around whats already in your immediate location and you should get an idea of what might be built. but its probably really only mid winter your daylight could be compromised.

Edited by heather902 at 7:02 pm, Sun 8 Nov

heather902 - 2020-11-08 19:01:00

fromnature wrote:

I would say no to the swear pipe for sure.
Would you consider selling your place to the developer and moving elsewhere??
it can't block your light, privacy- there will be details at council. Just don't sign anything agreeing to anything until talked to council planners

Why would you say no to connecting to the council sewer?
I think you may find there is already a easement for it already in the council bylaws so they can do work on it.

mrcat1 - 2020-11-08 19:52:00

heather902 wrote:

Our house is nearly 11 meters (with resource consent) thats tall!
Are you sure about 9 meters from a boundary? I've seen sites developed near our local rail that are way closer than that. Look around whats already in your immediate location and you should get an idea of what might be built. but its probably really only mid winter your daylight could be compromised.

According to what I found under unitary plan on the eastern boundary you go up three meters then 45 degree angle from thst. I read average three story about 12m high so worked out with this the remanding 9 meters. Could have done it wrong but used this recession plane theory....

http://www.aucklandcity.govt.nz/council/documents/districtpl
anwaitakere/infosheets/humanenviron/heightbound.pdf

I have seen some closer too so hence why I’m going to see council

Snd I will lose light even other times as they cut down trees ans made a huge difference, luckily my living is out back

Edited by christin at 9:14 pm, Sun 8 Nov

christin - 2020-11-08 21:11:00

mrcat1 wrote:

Why would you say no to connecting to the council sewer?
I think you may find there is already a easement for it already in the council bylaws so they can do work on it.

I was asking about it. I could say no due to the fact it will ruin my gardens and fences, I would have to have my concrete parking area dug up etc, all the inconvenience etc,

I didn’t ‘now the ins snd outs hence why I’m asking. I wasn’t sure if it would overload the current pipe etc. I’m not pipe expert,

There are two other places he can go if I say no,

christin - 2020-11-08 21:13:00

I have the same problem. Shared driveway, 4 houses.
One house wants to add 3 more to his section making 7 houses in total.
I need drive clear for wheelchair taxi and carers and emergency ambulance. .
Plus MY egress on my wheelchair.
Cluttered drive.

juli55 - 2020-11-09 15:24:00

christin wrote:

According to what I found under unitary plan on the eastern boundary you go up three meters then 45 degree angle from thst. I read average three story about 12m high so worked out with this the remanding 9 meters. Could have done it wrong but used this recession plane theory....

http://www.aucklandcity.govt.nz/council/documents/districtpl
anwaitakere/infosheets/humanenviron/heightbound.pdf

I have seen some closer too so hence why I’m going to see council

Snd I will lose light even other times as they cut down trees ans made a huge difference, luckily my living is out back

Do those rules apply though in your land zoning?

Edited by heather902 at 4:03 pm, Mon 9 Nov

heather902 - 2020-11-09 16:03:00

heather902 wrote:

Do those rules apply though in your land zoning?

I think so? Page 15
http://content.aucklanddesignmanual.co.nz/design-process/Uni
taryPlan/Documents/UNITARY%20PLAN_UploadV1.pdf

Edited by christin at 6:28 pm, Mon 9 Nov

christin - 2020-11-09 18:24:00

christin wrote:

I think so? Page 15
http://content.aucklanddesignmanual.co.nz/design-process/Uni
taryPlan/Documents/UNITARY%20PLAN_UploadV1.pdf

that says 3 meters though. so not the same, it allows for a higher building. and/or closer to the boundary. however the Council would not allow the developer to do anything that drastically altered your daylight, but i wouldn;t be expecting the appartments to be 9 meters off the boundary.

heather902 - 2020-11-09 19:00:00

heather902 wrote:

that says 3 meters though. so not the same, it allows for a higher building. and/or closer to the boundary. however the Council would not allow the developer to do anything that drastically altered your daylight, but i wouldn;t be expecting the appartments to be 9 meters off the boundary.

I took the three meters into account, then then 45 degrees is measured from that. An average three storey is about 12 meters so worked out a 45 degree angle up to 9 meters and that worked out about 9 meters out,

I don’t think it allows closer to the boundary jusr 3m up from boundary rather than 2,5 for measuring - it brings it slightly closer,

christin - 2020-11-09 20:33:00

christin wrote:

I took the three meters into account, then then 45 degrees is measured from that. An average three storey is about 12 meters so worked out a 45 degree angle up to 9 meters and that worked out about 9 meters out,

I don’t think it allows closer to the boundary jusr 3m up from boundary rather than 2,5 for measuring - it brings it slightly closer,

well you've definitely got something wrong because I see 3 storey apartment blocks very close to many boundaries. far closer than 9 meters.

heather902 - 2020-11-09 21:06:00

heather902 wrote:

well you've definitely got something wrong because I see 3 storey apartment blocks very close to many boundaries. far closer than 9 meters.

So do I but looking at what I posted they can’t.

I did see some on Lincoln road but they may not be in a living space, classified as retail? they can be less than three meters together but further from boundary in a living space, hence why I’m going to ring the council

Looking at what I posted ans the diagrams should be further back in terraced zone. The boundary is an eastern one snd that should be 45 degrees from 3m up,

christin - 2020-11-10 06:06:00

I think you might find within so far of a train station there is different rules, a mate that has some houses in Henderson Valley opposite where the train station is was babbling on about someone buying up properties to put high rise flats on as they are now allowed under the unitary plan.

mrcat1 - 2020-11-10 18:05:00

mrcat1 wrote:

I think you might find within so far of a train station there is different rules, a mate that has some houses in Henderson Valley opposite where the train station is was babbling on about someone buying up properties to put high rise flats on as they are now allowed under the unitary plan.

I’m closeish but not right next door. I think they’re allowed really high ones next to train stations as usually industrial or retail zones, I’m terraced housing, can go 19 m

I tried ringing council but decided at 24th I’m the queue I’d take too longer in my lunch break! Going by manual above they can’t go 1m ro fence so be interested how some can,

christin - 2020-11-10 18:21:00

luteba wrote:

Since it's a crosslease the OP can't do that.

Eh What? In most cases one owner of part of a cross lease is free to sell without even consulting the other parties.

supernova2 - 2020-11-10 20:30:00

OP also ask the council or your lawyer about the new National Policy Statement on Urban Development. Essentially in tier 1 cities, of which Auckland is one, councils a can no longer restrict to less than 6 stories, near city centres. What define a city centre will be the trick but as far as I am aware proximity to a main public transport hub, retail and commercial are taken into account. Developments will also not be able to have minimum car parking requirements imposed. I don't know where in Auckland you are but it may pay to find out if the NPSUD has any effect in your area. While there is a time delay in the minimum implementation it may be worthwhile for a developer to land bank and work a plan on the new policy.

hers.nz - 2020-11-10 21:51:00