A landowner in suburban Wellington City purchased a sloping residential site with resource consent and building consent already in place for two dwellings. Earthworks and construction were underway, but as the build progressed, the resource consent lapsed before the works were given effect to. The City Council issued an abatement notice, enforcement order, and Form 4 — effectively halting the project, and leaving partly built structures on a site where the original approvals were no longer valid.
Planning and compliance, in parallel
Derive was engaged to resolve the position. The work involved both planning and compliance dimensions. We prepared a retrospective consent application covering the earthworks and the two partially built dwellings, alongside a fresh consent for a third dwelling and a three-lot subdivision around the completed and proposed buildings. Because the council's planning framework had changed in the intervening period, the application had to be reassessed against the current rules covering height, recession planes, setbacks, building coverage, outdoor space, and earthworks on steep land.
Working with the technical team
Working with the client's surveyor and engineers, Derive worked with the known geotechnical, scheme plan, and architectural requirements, prepared the assessment of environmental effects, and engaged directly with council on the notification and enforcement issues.
Outcome
Consent was granted without notification, the enforcement matters were resolved, and the build was completed and occupied. The client was able to move from an enforcement situation to a finished, lawful development.