Where a condition of subdivision consent is required to be complied with on a continuing basis after the subdivision has been completed, a council can issue a consent notice (under s221) to be registered by the consent holder against any new Title (Computer Register). For example, the council may require that mitigating plantings remain on the subject land to protect the amenity values of adjoining land. The need to register a consent notice should form part of the condition.
For example, a consent notice condition could read as follows:
'The existing shelterbelt located in Area A shown on the survey plan shall be retained at a height no less than 3 metres. This condition shall be imposed by way of a consent notice registered against the Title for Lot 1 of the subdivision of Lot 2 DP 8889.'
