Deemed Permitted Boundary Activity
If your activity is listed as permitted, but you breach one or more ‘boundary rules’ (e.g boundary setbacks, or height in relation to boundary) and comply with all other rules, your activity will be treated as a ‘deemed permitted boundary activity’ if the following are met/provided:
- The boundary you breach is not a public boundary (i.e it is not a road boundary, or a boundary with a public park/reserve)
- You obtain written approval from the owner(s) of the neighbouring properties where the infringement(s) occurs (must include plans signed by the affected owner).
- Fill out the Deemed Permitted Boundary Activity form.
- Provide all required information which includes description of the activity, and plans drawn to scale.
- Pay the $350 fixed fee associated with this type of application.
Example: You wish to carry out extensions to your house. The District Plan states that your house must be 1.5m from the boundary with your neighbour’s property. However, the extensions you want to carry out will mean your house would be located 1m from the boundary.
You talk to your neighbour about this and they are happy to sign the paperwork. Once you submit all the necessary paperwork to Council, including formal sign off from your neighbour, Council will issue approval for the extensions to be treated as permitted even though they breach a rule in the District Plan.
If you breach a public boundary, or are not able to obtain written approval from the affected neighbour you will need to apply for a resource consent instead.
A decision on a deemed permitted boundary activity must be issued within 10 working days of us receiving all necessary information. If any necessary information is missing, your application will be returned to you. This 10 working day timeframe will start again once you re-apply with the required information.
Please refer to Planning Fees and Charges