Resource consent application process

How do I apply for a resource consent?

To apply for a resource consent, you or a nominated representative (e.g. your builder or architect) will need to complete an application form (Form 9).

What do I need to provide in my application?

Your resource consent application will need to include the following information:

Will my application be publicly notified, limited notified or non-notified?

There are three ways in which applications can be processed –  non-notified, publicly notified or limited notified. The Resource Management Act 1991 provides specific guidance to Councils on whether or not an application is to be notified.

Non-notified
Most applications are non-notified, mainly because:

• The adverse effects which may result from the proposal are no more than minor.
• Any affected persons (usually neighbours) have agreed in writing to the proposal.

Publicly-notified
A publicly notified application is advertised in newspapers (The Press, Christchurch Star and Akaroa Mail) and copies are sent to the affected neighbours. Anyone can lodge submissions supporting or opposing the application.

Limited notified
A limited notified application is not advertised in the newspapers, but copies are sent to those affected neighbours who have not provided written approval to the application. These neighbours are the only people who are allowed to make a submission on the application.

Notified applications take significantly longer to process and are more expensive than non-notified applications.

Application requirements

The Council employs specialists in heritage, design and landscaping whom may be asked to comment on your application and you may therefore wish to consult with them before lodging your application.

Every application is different and each must be considered on its merits. A Council Planner will be able to give you preliminary advice on whether your application is likely to be notified and whether you should provide written approvals from your neighbours. Formal identification of affected parties is made later by senior officers once a completed application is lodged.

A wide range of factors are taken into account in deciding whether adverse effects are minor. These include the following:

• Whether the activity is provided for in the zone.
• What effects the activity will have on the environment.
• Whether any effects can be avoided or reduced.
• The reasons for the rule(s) that the proposal does not comply with.
• The character of the existing environment.
• Cumulative effects of granting a consent for the development (in association with other consents already granted);
• Environment Court decisions; and
• National Environmental Standards.

The Council endeavours to make decisions in a consistent manner.

Affected persons
In deciding whether there are affected persons (whose written approval to the proposal should be obtained) the following matters are taken into account:

The purpose of the rules, for example:

• Building closer to your boundary than the rules allow will generally only affect the adjoining neighbour whose property may be shaded by the building and whose privacy may be affected.
• Establishment of a panel beater on a site surrounded by houses would likely involve more noise than residents would expect in a residential area.
• Exceeding maximum building coverage on a site has the potential to impact on adjoining properties which could otherwise expect more open space and garden planting on the site.

The extent of non-compliance, for example:

• Where an applicant seeks to locate a building 2.95 metres from a boundary instead of a complying 3 metres, the small extent of non-compliance may mean that the neighbour is not affected at all.
• Whether people would expect this type of building or use of the land to occur after taking into account the zoning, rules and the permitted activities.
• Whether a development that complies with all the rules could have the same or similar effects on a neighbour to what is being proposed in the application.

Affected parties' consents
The Council may decide that your application can be dealt with on a non-notified basis. In this case, the Council may identify affected persons from whom approvals would be required.

Approvals are generally required from both owners and occupiers of affected properties. Where there are joint owners, both owners’ signatures are required. It is important that affected parties sign both the approval form and a set of the plans as well as, in some circumstances, a copy of the application explaining your proposal.

When you approach someone for a written approval make sure you take them your application and plans, along with:

Who will make the decision on my application?

How long does the processing of my application take?

The Resource Management Act 1991 specifies maximum time limits for decisions to be made on applications for resource consent:

• The Council must decide within two weeks of receiving an application whether or not to notify it.
• If it is not to be notified, you can expect a decision within four weeks (20 working days).
• If your application needs to be publicly notified or limited notified, the timeframe is at least three to four months (70 to 85 working days).

All the above time-frames are extended if you need to provide further information at any stage.

Notification of the decision

You will receive a letter or e-mail advising you of the decision on your application.

Often, when a resource consent is granted it is subject to certain conditions (for example, landscaping may be required). If you decide to go ahead with the proposal you must comply on an on-going basis with any conditions supplied.

The Council will undertake monitoring, including a site inspection, to make sure that you comply with the conditions of your resource consent. You will be charged for any monitoring that is necessary.

You can challenge the decision or particular conditions of consent if you are not satisfied with them. An appeal to a decision on a publicly notified or limited notified application must be made to the Environment Court within three weeks. For a non-notified application (or a publicly notified or limited notified application where there were no submitters) you can lodge an objection to the Council, in most cases. Decisions made by the Council include information on rights of appeal.

A resource consent generally lapses five years after you receive the decision, if the proposal is not completed by then.

How much will my application cost?

There is a fee for processing resource consent applications and a deposit towards this fee must be paid at the time the application is made.

The fees for different types of applications are detailed on the back of the application form. Further processing costs may be incurred during processing and are charged after a decision is made on the application.

Resource consent information pack

We have developed a comprehensive information pack containing all you need to know on preparing a resource consent application. The pack is aimed primarily at the first time applicant, but may also be useful for professionals and their clients.