[What sort of rules apply in SAMs? ]

[Garage - How far from boundary can I build it]

[My neighbours are "altering" the boundary fence without asking me, what are my rights?]

[How high can I build a trellis on top of my fence? ]

A special amenity area (SAM) which has amenity and/or heritage characteristics which set it apart from the surrounding residential environment.(ie, attractive street trees, a river setting, architectural features or site layout of a specific period in the City's history).

What sort of rules apply in SAMs?

A SAM may have any one or more of the following rules in place of, or in addition to, the host living zone rules:

1. Street scene (setback from the road).
2. Height.
3. Outdoor living space.
4. Residential site density (rule determines amount of building development for a given section size).
5. External appearance (rule requires plans for additions/new buildings to be approved in terms of what they will look like from the street or other public place).

For further information see a copy of the Proposed City Plan - available at any of the Council's Service Centres.

Garage - How far from boundary can I build it?

Various requirements apply:

1. For an internal boundary

   If it is closer than 1.0m to the boundary a firewall is required.

   There is a maximum wall length of 9.0m if it is closer than 1.8m to the boundary.

   The garage is required to meet recession planes (these start at 2.3m at the boundary and vary depending on each boundary).

2. For a road boundary.

Most residential areas require a minimum setback of 4.5m from the road. This is increased to 5.5m, if the garage entry faces the road. If the garage entry does not face the road, the set back may be reduced to 2.0m with a Resource Consent, however the Council will have control of the design and appearance of the garage as viewed from the road.

The Council has no jurisdiction over disputes relating to boundary fences. Legal rights and obligations relating to fences are covered by the Fencing Act 1978. If you have a dispute with a neighbour about a fence which you cannot resolve through negotiation, you can take the matter to the Disputes Tribunal, or the District Court, or alternatively to a mediation service.

The only occasions when the Council may be involved in fencing issues is when a fence requires a building consent (ie, a wooden fence more than 2.3m high, or a block/masonry fence more than 2m high) or a resource consent (ie, for a fence more than 2.0m high for a length of more than 9 metres along any one boundary.

How high can I build a trellis on top of my fence between my neighbour and I if I need some privacy from their kitchen window?

The fence is deemed generally to have a joint ownership, therefore the neighbours consent would be needed to attach a structure to the fence. The Proposed City Plan limits heights of structures at the boundary to 2.3m maximum height above ground level, and to a length along the boundary not exceeding 9m. A fence exceeding these constraints would require a resource consent and the consent of the adjoining neighbour would be necessary before the Council could consider approval.