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Understanding unserviced land

Unserviced land, sometimes referred to as 'fragmented land', refers to areas that have been subdivided into individual sections, each with their own title, but without access to essential infrastructure, such as drinking water, wastewater, stormwater, electricity or telecommunications.

In some instances, these properties are held in the same title but not contiguous. They may not even be connected to a legal or formed road and surrounded by land owned by others without formal access rights or easements.

Despite these deficiencies the properties can still be bought and sold like any others.

Unserviced land is not widespread in New Zealand but does occur in certain areas of our district such as Huntly and the southern part of Tuakau.

Unserviced land is a hangover from the early method of subdividing land in New Zealand.

Back then, in order to keep up with rapid growth, large land areas were often subdivided into traditional “quarter-acre” sections on a paper plan without consideration of natural topography or hazards and ahead of any physical work being completed.

These sections relied on future growth to fill the infrastructure gap and adequately service each property as originally intended.

However not all of the predicted growth occurred, and these properties remain unserviced.

The primary issue stems from a lack of understanding about what can and can’t be done on these properties.

This has become a pressing issue where growth is catching up and people are now wanting to develop these areas. In normal situations this would be managed by the standard processes (such as subdivision or land use consent).

However, because subdivision has already occurred long ago, consent may not be required. It is important to follow the established processes because they help ensure new developments align with the relevant district and regional plans.

These plans act as blueprints for how our communities will meet the appropriate environmental, cultural, social, and economic outcomes we all want to see. Ignoring these blueprints risks poor outcomes such as unsafe roads or intersections, poor wastewater management, flooding and other environmental issues.

Additionally, without these processes the Council may not be able to ensure that new developments contribute their share to the community’s infrastructure.

The lack of infrastructure greatly limits what can be done with these areas. If you have purchased one of these properties with the intention of building a house, you may need to install additional infrastructure to adequately meet today’s standards.

This can be very expensive and, in some cases, might not be feasible or permitted by Waikato District or Waikato Regional Council.

Furthermore, Waikato District Council do not currently have any plans or funding to install infrastructure in these areas, meaning property owners who want to build or develop would need to either install new infrastructure that is compliant with the regulations for public infrastructure, or build and maintain private infrastructure indefinitely.

Private infrastructure comes with its own risks where if it is not properly maintained it can potentially impact the environment or neighbours.

Waikato District Council has broad powers to regulate development, but because of the historical nature of unserviced land, resolving these issues is neither quick nor simple. Once land titles are established and properties are built, changing or removing them can be legally and financially challenging.

Waikato District Council’s primary goal is to raise awareness so that current and prospective residents are well-informed before making decisions.

Yes, development is still possible, but it should be done in close consultation with Waikato District Council and Waikato Regional Council.

Some areas may not ever be suitable for development due to environmental concerns, infrastructure costs, or other restrictions outlined in district and regional plans.

It is essential to engage with the Council early in the planning process.

In areas where development is permitted, Waikato District Council may require technical assessments to ensure development plans fit within the appropriate overall planning and infrastructure framework.

This might involve obtaining resource consents, conducting environmental impact assessments, or assessing the capacity of infrastructure to support new developments. In some cases, developers may need to enter into an infrastructure agreement with Council.

These agreements are common and typically outline the responsibilities for funding and constructing necessary infrastructure to support new developments. This helps ensure that new developments do not overburden existing infrastructure, protecting the wellbeing of future and current residents.

Waikato District Council is committed to addressing the challenges of unserviced land while still supporting those who wish to live and build in these areas. Our planning and engineering teams can help landowners understand district plan rules, resource consent requirements, and what infrastructure might be needed.

By collaboratively working with us, interested parties can make informed decisions that support their needs and align with wider community expectations.

Have more questions?

If you'd like more information, please ring 0800 492 452 and ask to speak to one of our Infrastructure Development Advisors, who will be happy to assist you. 

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