Applying for a Resource Consent
Preparing your Resource Consent Application
A Resource Consent application must be accurate and complete before it is lodged with Council. This will enable faster processing, lower cost and fewer complications.
Below is a checklist for applications that must be met before Council will accept your application:
• Name and address of any occupiers/owners of the land subject to the
resource consent application other than the applicant.
• The types of resource consent you are seeking for example, land use or
subdivision.
• Other resource consents that are required/being sought from other
Councils for example Horizons Regional Council.
• Certificate of title for the subject property.
• A locality plan or aerial photograph showing the physical location of
the property.
• A site plan drawn to scale showing your proposal, existing buildings and
all other features of the land such as hills, waterways, entranceways,
native bush etc.
• An elevation drawing showing the side views of your proposal for example
the height and Daylight Setback for your new house.
• An adequate Assessment of Environmental Effects (see the Assessment
of Environmental Effects section below).
• For relocated dwellings a building condition report will be required so that
Council is able to set a bond on the house to ensure that the exterior is
brought up to an acceptable standard with a certain time. For more
information on obtaining a building condition report contact a Building z
Officer at Council.
• The correct application deposit (note that this is only a deposit. An
additional charge per hour applies. For a list of our current fees go here).
• The application form must be signed and dated by the applicant or
someone authorised to do so on your behalf.
• An address for service. This is for any correspondence that Council sends
you including your resource consent if granted.
• A statement of what consultation with neighbours has taken place. If you
have to obtain neighbours approval you should read the Consultation and
Obtaining Written Approval below.
It is best if you discuss your application with a planner prior to lodging it as there may be other requirements such as an engineers report or landscape assessments that may be required.
If your application has insufficient information it will be suspended until you have supplied the further information required.
Section 24 of the Horowhenua District Plan identifies the detail required in an application. While this is affected by the scale and nature of the proposal all applications should include:
Additional Information
Assessment of Environmental Effects (AEE)
If you are applying for a Resource Consent you will need to prepare an Assessment of Environmental Effects (AEE) as part of the application process.
The AEE is a statement of the effects of a proposed activity on the environment. It:
• Increases understanding of the environmental effects of what you are
proposing to do;
• Identifies alternative ways to avoid, remedy or mitigate adverse effects
on the environment.
• Helps you take other views into account.
• Can result in a better design of your proposal.
An application for a Resource Consent is not considered complete if it is not accompanied by an AEE.
The effects of a proposed activity are a key consideration when an application is assessed.
When preparing the assessment you should consider and address (where applicable) the following matters. The AEE should:
• Identify the activities for which the Resource Consent is being sought.
You will need to think about your proposal and how it will change the site
you intend to use/develop.
• Describe the site. Consider its physical limitations locality and possible
alternatives, is the site flat or sloping, are there any significant trees,
vegetation or unusual features, what are the neighbouring properties, is
there access to Council services.
• Identify the environmental effects. You should address any effect your
proposal may have on those in the neighbourhood or wider community, for
example, if you propose to build too close to a neighbours boundary,
will this affect their Daylight Access?
• Describe any physical effect on the locality including landscape, visual,
ecosystems, plants or animals and/or disturbance of habitats.
• Identify persons affected by the proposal.
• Provide details of any Consultation undertaken including with whom
and any outcome resulting.
• Cover both positive and negative effects. If there are any negative
effects the AEE should include how these could be avoided,
remedied or mitigated.
• For large-scale activities the assessment will need to cover
complex issues that may require professional input. For example,
if you are proposing to build a large building, imput from an expert
about how you propose to dispose of stormwater may be required.
• The Fourth Schedule of the Resource Management Act 1991 gives
guidance on the scope and content of an AEE.
A good way to start an AEE is to assess your proposal against the rule for the zone in which the property is located. The zoning for a particular property is available on the planning maps of the District Plan or by contacting Council.
To determine the effects on other people it is necessary to consult those persons. To see more about this go to Consultation below.
How long will Council take to process a Consent Application?
The Resource Management Act 1991 details the time frames and procedures for determining resource consent applications. The time it takes for a resource consent application will vary depending on the complexity of the application, whether or not you have provided us with sufficient information, and staff workload. It would be wise to take this into consideration when planning your development.
If your application is notified it is advisable for you to maintain contact with the Planner responsible for the application.
A non-notified application should be decided within 20 working days although Council may double this time to 40 working days if, for example, Council officers have high workloads.
Notified applications take longer as hearings are usually convened. It can take at least three-four months for a decision to be issued. For notified applications the process is as follows:
• You should be notified within 10 working days that your application is to
be notified.
• The public notification period is 20 working days to allow affected persons
or the public to assess the application at the Council Customer Service
Centres and make a submission.
• If no submissions are received a decision will be made on the application
within fifteen working days of the submission closure date.
• If submissions are received and the submitters wish to be heard a hearing
date will be set within 25 working days of the final submission date.
• The hearing will be before either the Council's Regulatory Committee or an
independent Commissioner or Commissioners appointed by the Council.
• A Notice of Decision must be issued within 15 working days of the hearing
completion date.
Issue of your Resource Consent
The Resource Consent may be granted to you with conditions that either mitigate or bring your application into line with the relevant District Plan rules.
The conditions are aimed at reducing potential negative effects and the protection and enhancement of the environment.
Conditions may include provision for:
• Development Contribution/s
• The entering into of a bond or bonds for works required
• The provision of on site car parking
• Landscaping
• The control of noise levels
• Restrictions on the days and hours of operation.
• Notification to Council when specified works are completed
• Formation of entranceways to Council standards
• Connection to services and disposal of stormwater onsite
When can you proceed with your proposed activity/development?
For a non-notified application you may proceed with the approved activity upon receipt of your Resource Consent Notice of Decision.
For notified applications an appeal period of 15 working days applies from the decision date. If the decision is in your favour you may proceed with the approved activity only after the appeal period has elapsed with no appeal having been lodged.
As the applicant you have a right of appeal if the decision is against your application. If you decide to do this you must file the appeal with the Environment Court within 15 working days from the decision date.
When an appeal is lodged you cannot proceed with the activity that is the subject of the appeal until the court notifies its decision.
Note: It can take over 10 months for the Environment Court to consider and determine an appeal.
Compliance Monitoring
Under the Resource Management Act 1991 the Council must monitor the exercise of Resource Consents, compliance with the consent conditions of the resource consent and their impact on the environment.
You can assist by adhering to your consent conditions. Early consultation and liaison with a Council Planner may avoid compliance problems.
• Not all consents will have conditions requiring monitoring.
• Resource Consents needing monitoring will have an inspection.
• Additional charges may be imposed where additional site visits and
inspections are necessary.
• To see the schedule of charges go to Resource Consent Fees
• You can contact a Planner on telephone (06) 366 0999 or email
planningenquiries@horowhenua.govt.nz
Enforcement of Resource Consent Conditions
The Resource Management Act 1991 provides mechanisms to deal with non-compliance with a Resource Consent. These include:
• The issue of an Infringement Notice, Abatement Notice or Enforcement
Order
• Prosecution in the District Court.
Under the Act the court may impose a fine of up to $200,000 and/or a term of imprisonment not exceeding two years and where the offence continues it may impose an additional fine of up to $10,000 per day for each day on which the offence continues.
In addition to those penalties you may be required to contribute to or pay all of the costs incurred by Council in taking the enforcement action.
If you believe some person is acting in breach of either the Resource Management Act 1991 generally or the conditions of a Resource Consent discuss your concerns with a Council Planner on telephone (06) 366 0999.
Consultation and Obtaining Written Approval
The purpose of consultation is to find out about potential impacts and concerns so that these can either be designed out of or minimised in your proposal. Benefits of this include:
• The maintenance of good relations between all parties
• Helping to minimise fear and misunderstanding of the proposal and
reducing resistance towards it.
• Providing an opportunity for alternatives to be suggested from other
perspectives.
• Understanding the effects on other people.
Consultation requires you to discuss your proposal with all parties who may actually or potentially be affected by the proposed development or who may have an interest in the environment in general.
The size and scale of your proposal will generally determine who you should consult and the extent of that consultation. In some cases this may only need to involve immediate neighbours and in others it may be impossible to consult with everyone who is affected. In these cases the application will be publicly notified for submissions. A starting point to assist you is:
• Neighbours or adjacent landowners and occupiers
• Other users of the resource
• Iwi
• Department of Conservation
• Environmental groups
There are advantages in undertaking full consultation. The biggest is the saving in time and cost of the application process. If people are uncertain and oppose your proposal it may create lengthy delays that could have been avoided.
Discuss with a Planner the extent of the consultation and confirm those persons or groups that should be approached.
Maintain a record of your consultation, who was consulted, the date, the topics discussed and concerns expressed and any decisions reached.
The information you give the persons or groups being consulted must be clear and straightforward so they can understand it immediately without confusion or misunderstanding.
Remember that consultation is not a matter of you simply telling the people what you intend doing. It is important that their different attitudes and concerns are recognised and acknowledged.
Obtaining Written Approval from a Party
If you or Council identify potentially affected persons you should gain their written approval on Councils form (this can be found here). You should include an accurate description of the activity you are applying for in the space where you describe the activity such as hours of operation, number of employees etc. This should include any non compliance with the rules in the District Plan for example, building a house too close to the road boundary. If the property is rented, you will need to obtain the written approval of both the owner and occupier (renter or tenant). The party who you are obtaining written approval must correctly fill in Part B and sign a copy of the site plan and elevations. If any of the above is not done, Council may not accept that that potentially affected persons are not affected and may notify the application which will be costlier and more time consuming.
Note: Council will not accept conditional approval from affected parties.
How to make a submission on a Resource Consent Application
Any person who wishes to do so can make a submission on an application within 20 working days of the date of the public notification. Submissions must be made in writing using the form prescribed by the legislation. You may obtain the form from the Council's Customer Service Centre.
The original copy of the submission is to be delivered to the Customer Service Centre and a copy supplied direct to the applicant as soon as practical after that. It can be delivered by hand or mail. This must be done within 20 working days of the public notification date.
A pre-hearing meeting may be held to give you an opportunity to question the applicant and elaborate on matters raised in your submission.
You will be notified of Council's decision on the application and have a right of appeal (if you are a submitter) against the decision to the Environment Court.
Preparing a submission on a Resource Consent Application
The Resource Management Act 1991 allows any person or organisation to make a submission on any publicly notified Resource Consent application.
A submission is a written statement that supports or opposes a Resource Consent application.
Submissions are the most effective method to influence the resource consent process.
Before you prepare your submission:
• Talk to the applicant - this may allay your concerns regarding
their proposal.
• Consult organisations or individuals able to provide technical
information on the cause and consequence of effects and possible ways to
reduce or avoid undesirable effects.
The written submission must comply with the legal format of the form Submission on an application for Resource Consent under Section 96 of the Resource Management Act 1991.
It should be well organised, to the point and provide adequate supporting information with a clear and thorough analysis of the issues.
When preparing the submission:
• Concentrate on the important points you want the Council to consider.
• Clearly identify which part or parts of the proposal your comments refer to.
• Fully explain how the proposal will affect you and how those effects could
be dealt with.
• Address the consents activity applied for and environmental effects only.
It is not Council's role to consider any effects on trade or business activity.
• Adequately explain any request you make.
Forms
Resource Consent Application
Neighbours Written Approval Form
Fees and Charges
To find out what your Resource Consent application will cost go to Fees.