Newsletter No. 2 Summer 2000 Page 1 of 2

In This Issue

Appeal Decision
Schools on a Roll
Misconceptions Corrected
Tax Traps
Route PJK Precise
Bush Covenants
Secure Title

Appeal Decision
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The Western Bay of Plenty District Council, having appealed to the High Court seeking clarification of its own Development Impact Fees policy, has been handed a decision that goes against the Council's present operations. It has been reported that Council will not further appeal the High Court decision. What does this all mean?

IanCouncil cannot charge any DIFs that have not been fully ratified by law and travelled all due processes. Therefore the original 1997 District Plan is still legally operative setting roading DIFs at $1000.

"We have been advising clients from the outset (1997)" says Ian Boyd, land development advisor for Surveying Services "that until the DIFs have been legally established (and operative) Council cannot legally request higher fees. Therefore it may be inappropriate to pay the money at this stage."

The Environment Court has now issued a consent order allowing Council to make new DIFs operative. The popular view in the profession is that the final roading DIF will be $4200. This will come into force on 30 March 2000.

Over recent years many developers and ratepayers have become disenchanted with what they see as an uneven playing field. We now await WBOP District Council's decision on refunds to those who have agreed to pay roading DIFs at the higher level. Tauranga District Council recently refunded the balance over and above the legal operative amount. We can offer help to reclaim any excess fees already paid.

Schools on a Roll
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Tauranga school rolls are up- and schools are on a roll to cope with the demand.
Ministry of Education district property manager Derek Devoy says that Tauranga, like Auckland, is experiencing huge growth.

In excess of $80 million was spent locally by the Ministry in the last four years-, new schools have been built, sites purchased, and many schools are expanding to their maximum site capacity. Paul Barnett Property Services Ltd manages new school projects from start to finish, and works closely with the Ministry of Education and boards of trustees. Paul employs architects, surveyors and sub consultants. He uses Surveying Services, and says their work is quick and accurate. "They look for the most cost-effective options and work well with clients," he says.

Trevor Davey and Ross Dean look over the latest Tauranga Boys College developments

Surveying Services has become a major player in school developments, having worked on most of the new projects. When previous school site information is unavailable or outdated, and a school needs to expand, a topographical site survey is required. Boundaries are established, existing buildings, roading and drains are accurately positioned, and heights determined. The survey map produced then forms the base for the architect to draw in the new development design. Bethlehem College development manager, Barry Mead says the decision to extend the school's roll to 1,530- plus take in tertiary students and preschoolers, meant new buildings, a sports field, roading and infrastructure. Work on the gymnasium will soon commence.

Their work is quick and accurate...
they work well with clients

Surveying Services has successfully completed several projects at Bethlehem- including a site survey, positioning new buildings, and ascertaining the degree of hillside cut required for the sports field. Surveying Services surveyor, Ross Dean says his team work closely with the architects and project managers to ascertain their exact requirements prior to carrying out a survey. Stiles and Hooker architect, Trevor Murray says his company has been involved in expansion projects at several local schools. He uses Surveying Services' expertise, and says it's because they have the right resources and software to do the job. "Their software is compatible with our CAD system. We communicate and send drawings by email, so the service is fast and efficient," says Trevor.

Misconceptions Corrected
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You can build as close as 10 metres to the boundary. - Western Bay District. (Conditions apply)
- You can subdivide on a metal road or under width sealed road. - Western Bay District.
- You can create new lots of less than 325mē in Tauranga District provided a complying dwelling can be constructed on site. - Tauranga District.

Clients often raise these popular points.
Contact Surveying Services and ask about your case.

Tax Traps
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Some owners of land can find themselves substantially out of pocket when they sell.

What are the GST provisions and traps? Are you going to be in a position to claim back GST on the original purchase of land?

The Government has signalled proposed GST changes (possibly for June/July 2000), which may cut landowners' options. With good advice landowners can sometimes side step this potential trap.

For further reading on tax traps click HERE.

"With good advice, land owners can sometimes side-step this potential trap." - Maurits van den berg

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