Council completed inspection and say we are non compliant under resource management act 4 years after signing off on the property build
As title suggests:
We purchased a new build property in 2023. The council had signed off on the Approved Resource Consent Plan in Feb 2022 for the property.
When we reviewed the Approved Resource Consent plan during due diligence the plan shows our fence height along the road is allowed to be 1.4m and hedge of 1.8m is acceptable.
Council have since come and completed an inspection and advised we are non compliant under resource management act. And issued a "Decision on an application for resource Auckland consents under the Resource Management
Act 1991" document stating we are not compliant and have 4 weeks to remediate.
This inspection occurred 4 years after signed off plan. Council included our approved consent plan in the packet they sent telling us we were non compliant, the plan shows fence height 1.4m.
We have since grown the hedge to 1.8m and added an additional 30cm of trellis to the top of our fence. Our understanding is as this is see through it is acceptable.
In the decision document council reference a clause that states:
“Prior to the occupation of residential units, any fencing or planting along the road boundary and shared boundary must have a maximum height of 1 metre over a length of 3 metres on both sides of the vehicle crossing to improve pedestrian sightlines. This must be maintained in perpetuity by the consent holder and carried out to the satisfaction of the Council.”
Council are also claiming our waste water tank doesn’t exist. It does and is in one of the photos they sent to “show” that it is missing. We have built a small bike shed which is under the size requiring consent and used the waste water tank as a wall. Council are asking to see evidence it is connected and exists.
Council have also stated our planting doesn’t match as one plant is missing - it was there when we moved in, but since died as was overgrown by the other plants.