Legal requirements
Resource consents
Under the Christchurch City Plan, any earthworks including excavation and filling, which are not associated with a subdivision or building consent and exceed the following limits will require resource consent. This includes driveways and retaining wall excavations.
Living H & HA Zones
| 10m³/site
| 0.5
| 0.5
|
All other Living Zones and Business 1 Zone
| 150m³/ha
= 10m³/600m²
| 0.5
| 0.5
|
Business 2, 2P, 3
4, 4P, 4T zones
| 1000m³/ha
= 100m²/1000m²
| 0.5
| 0.15
|
This is not a full list, refer to City Plan Volume 3, Part 9, Clause 5.3 and also the content of fill and excavation material, Clause 5.4.
Under the Proposed Banks Peninsula District Plan, resource consent is required where filling and excavation exceed the following levels:
| Residential, Residential Conservation Zones | 20m³/site
| 1.5
|
| Small Settlement | 50m³/site
| 0.5
|
| Rural | 100m³/site
| 2m, max downhill vertical spill – 2.4m |
There are some exemptions for earthworks under the District Plan, please contact a Duty Planner at the Lyttelton Service Centre on (03) 941 8666 to discuss if you are planning on undertaking any earthworks.
Building consents
Where site works are associated with a building consent, they must comply with the Building Act 2004.
The Building Act 2004 states that any person contemplating filling or excavating requires that land and other property be protected from erosion, falling debris, slippage subsidence, inundation, alluvion and avulsion.
The Building Code requires that surface water collected or concentrated by buildings or sitework shall be disposed of in a way that avoids the likelihood of damage or nuisance to other property.
A building consent application must be made and approved before work can commence onsite.
General guide
Refer to your local service centre for any specific area records held on your application site.
In addition to those already identified, specific comment on a building consent should include:
- Any site in Slope Hazard Zone 3 may require an engineer’s report.
- Rock fall sites require an engineer’s report.
- Slope greater than 1 vertical, 2 horizontal, requires an engineer’s report.
- Un-retained excavation of a 3m height.
- Dust control.
- Winter excavation.
- Storm water concentration.
- Cut and fill in close proximity to neighbours property.
- Sediment control and surface water management.
The Christchurch City Council is concerned about the amount of work proceeding without the relevant authority and has procedures in place when non-compliance is observed.
Filling or excavating of sites near to waterways
Under the Christchurch City Plan a resource consent is required when filling or excavating (or building) within the waterway setback. Read the City Plan General City Rules, Volume 3, Part 9, Clause 5.2 for details.
Downstream river
| 30m
|
Upstream river
| 10m
|
Environmental asset waterway
| 7m
|
Open utility waterway
| 5m
|
Hillside waterway
| 10m
|
Coastline and upstream rivers in rural zones
| 20m
|
The water courses are defined and shown in the City Plan Volume 3, Part 9, Appendix 1, or phone the Duty Planner on (03) 941 8999 .
On Banks Peninsula, set backs from waterways for filling and excavating apply in the Rural zone only. The setback from a stream or river is 10m and from a wetland or lake is 20m.
Earthworks near waterways may also require consent from the Regional Council, Environment Canterbury.
