Foreshore land not owned by City Council
7 October 2003
Christchurch City Council does not own the foreshore land between the properties
located on Main Road at Redcliffs and the Estuary, according to legal advice,
says Peter Mitchell, the Council ’s Director of Legal Services.
Under the Resource Management Act, however, anyone building on this land
requires a coastal permit from Environment Canterbury (ECan) for use of
land on the sea side of the high tide line and also needs a land use consent
from Christchurch City Council for use of the area inland from the high
tide line.
Uncertainty about the need for a City Council consent arose when a Main
Road property owner built a grassed area over the foreshore.
A retrospective consent from ECan was applied for and a hearing
held in May. The hearing commissioner, Mr Batty, asked the City Council
if another consent was required.
The Council has done a survey of the area to determine property boundaries
and the location of the high tide line. This has confirmed the need for
a land use consent from the City Council in terms of the transitional city
plan.
“Once an application for a resource consent has been received Christchurch
City Council will decide whether the consent application needs to be publicly
notified,” says Mr Mitchell. “The Council will appoint Mr Batty
as commissioner and this application will be brought up to the same stage
as the ECan hearing so then the two applications can be dealt with together.”
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