I got a couple of letters from the Rotorua District Council last week regarding a couple of my properties.
The letters said that their plan’s rural road designation overlaps with a property owned by me – that doesn’t sound good. The letters were wrongly addressed so I phoned to clarify that the letters were for me and what they meant. It was explained that the council has decided that they would like to own 10 metres either side of the roads’ centre line in rural areas and so… the Rotorua District Council is claiming all rural land that is within 10 metres of a roads centre line.
This is simply theft.
Not sure what I’ll do about it. Probably nothing. Tell me what you think I should do about it.
I might talk to the Council’s legal department about this. Tell me any questions you think I should ask.
Here is the letter…
Dear Sir/Madam
RE: NEW DESIGNATION:
REFERENCE NR: RDC511
DESIGNATION ADDRESS: RURAL ROADS AS PER PROPOSED PLANNING MAPSThe proposed District Plan was notified on 31st October 2012. As part of this, the existing (formed) rural public roads are proposed to be designated.
Please note that the location of the rural road designation overlaps with a property owned or occupied by you. The planning maps provide an indication to the extent of the overlap, but a more detailed map can be provided upon request.
The details of the designation can be viewed on the Council webpage, www.rdc.govt.nz under the link ‘Proposed District Plan’. The designation description is in Appendix 6 of the Proposed Rotorua District Plan and the extent of the designation boundaries can be viewed on the proposed planning maps.
The notice of requirement details the reason for the designation. This and the Proposed District Pian can be inspected at the Customer Service Centre of the Rotorua District Council (1061 Haupapa Street). The Proposed District pian is also avaiiabie for viewingat the Library (1127 Haupapa Street).
Any person may make a submission on the notice of requirement. Please address any submissions regarding the new designation to the undersigned at the above address, quoting the designation reference number. Submissions must be in Form 21. Copies of this form are available at the Customer Service Centre of Rotorua District Council
Public submissions to the Rotorua Proposed District Plan close on 18
January 2013. Submissions can be made online from 14 November 2012.If you have any queries, please feel free to Contact me on (07) 351-8045.
Kind Regards
Ella Jonker
Policy Planner
Are they offering any amount of compensation Reed?
No, not that I can see.
I’ll put up a copy of the letter(s) later.
There’s no way they can take land without compensation.
The letter is up now.
The person I spoke with didn’t say anything about compensation – but I didn’t ask that question – I was more concerned about land being taken by decree.
The person I spoke to told me eight thousand of these letters were sent out.
This is definately something worth investigation.
I phoned the council today and yesterday… here’s what I’ve found out…
I’ll still own my land – so there won’t be any compensation.
“Designations” are covered under the RMA sections 166 – 186
A “network utility operator” will be able to use the designated part of my property without requiring consent from me.
I will need consent from the council to use this part of my property for any activity that might interfere with a “network utility operator” using my property e.g. I may be refused permission to put up a fence on my boundary.
So, I’ll still own the property – it’s just others will have more rights to use it than I will.
There’s more to figure out so I’ll call the council again next week.
Update.