Notification, hearings and written approvals

Applications are non-notified where the Council is satisfied that:

• any adverse effects that may result from the proposal are no more than minor; and 
• any affected persons (usually neighbours) have agreed in writing to the proposal.

Most applications processed by the Council are non-notified.

The decision on a non-notified application is usually made by senior Council staff, although in some instances a Council Hearings Panel or Commissioner may make the decision.

The timeframe for processing a non-notified application is generally 20 working days. This is extended if additional information needs to be provided, or a hearing is needed.

An application must be limited notified if the Council considers that the adverse effects beyond the adjacent properties are minor, but there will be effects on one or more neighbours and not everyone has given their written approval. Council sends a letter inviting submissions from the affected neighbours who have not provided written approval to the application. They are the only people who are allowed to make a submission on the application.

People who lodged submissions, the applicant and Council officers present their cases at a hearing to a Hearings Panel or Commissioner. The decision-maker then makes a decision on whether the application should be granted or declined, and if it is granted, whether any conditions are needed. If no submissions are received a hearing may not be needed.

Limited notified applications usually take around four and a half months to process. This time frame can be shortened if there are no submissions or a hearing is not required.

If the Council considers that the adverse effects of a proposal on the environment beyond the adjacent properties are likely to be more than minor, the application must be publicly notified. This can also be requested by the applicant. A publicly notified application is advertised in the local newspapers, and the Council also informs the affected neighbours. Anyone can lodge submissions supporting or opposing the application.

People who lodged submissions, the applicant and Council officers present their cases at a hearing to a Council Hearings Panel or a Commissioner, who then makes a decision on whether the application should be granted or declined. If no submissions are received, a hearing may not be needed.

Publicly notified applications usually take around six months to process.

The decision on whether an application is non-notified, limited notified or publicly notified is made by the Council, based on the rules in the District Plan(external link) and criteria set out in the Resource Management Act 1991. These include whether adverse effects will be minor and whether all affected parties have given their written approval to the application.

A wide range of factors are taken into account when deciding whether adverse effects are minor, and who might be affected by a proposal. These include:

• whether the activity is provided for in the zone
• what effects the activity will have on the surrounding environment, including the road network
• whether any adverse effects can be avoided or reduced
• matters specified in the District Plan that the Council can take into account when making a decision 
• the extent of non-compliance with the rule
• whether a development that complies with the rules could have the same or similar effects as the proposed development
• any cumulative effects of granting consent for the development (in association with other consents already granted).

Every application is different, and each must be considered on its merits.  Formal identification of affected neighbours and a decision on notification can only be made once a complete application is lodged.

Sometimes written approval from affected neighbours and other parties is needed for a resource consent application to be non-notified. Written approvals are also needed for a permitted boundary activity consent exemption.

Written approvals should be obtained using the Written Approval of Affected Persons form P-003 [PDF, 69 KB], found on the Forms and check sheets(external link) page.

When requesting written approvals, please note that:

• For resource consent applications, approvals are generally required from the owners and occupiers of affected properties. Where there are joint owners and occupiers of affected properties, all owners' signatures are required.
• For permitted boundary activities, approvals are required from all of the owners of properties with an infringed boundary. Occupiers' approvals are not needed.
• Both the written approval form and a copy of the application (including plans) must be signed. 
• Written approvals must be unconditional. Any agreement between you and the person giving written approval is a separate matter and cannot be considered by the Council as part of the resource consent process. 

For a resource consent application, the final decision on who is affected is made by senior Council officers or a commissioner. The extent of affected persons depends very much on the type of building or activity proposed. Every application has to be considered independently as the circumstances of each application are unique. 

If you are a neighbour considering whether to give written approval to an application, you need to be aware that if you give your approval the Council will be unable to take account of any adverse (negative) effects the proposal may have on you or your property when it makes a decision on whether to grant or refuse a resource consent application, or when it issues an exemption for a permitted boundary activity. Written approvals for resource consent applications may be withdrawn before a decision is made by the Council, however written approvals for permitted boundary activities cannot be withdrawn. 

Refer to the neighbour's written approval information sheet(external link) [PDF, 60 KB] for more information for both applicants and neighbours. 

If you have any questions about either obtaining or providing written approval you can contact the Council’s Duty Planner. Please include your phone number if you would like the Duty Planner to call you. 

Hearings are open to the public, but only the applicant and people who made a submission are allowed to participate. If no submissions are received or submitters don’t want to be heard, a hearing may not be needed.

If you are about to be involved in a hearing as an applicant or submitter it can be helpful to come to an earlier hearing as an observer. Please contact our Customer Centre on 03 941 8999 for dates and times of hearings.

Refer to resource consent hearings(external link) [PDF, 74 KB] for more information.

A pre-hearing meeting(external link) is an optional informal meeting held prior to the hearing of a notified application. Pre-hearing meetings provide an opportunity for all parties to meet and discuss and clarify any points raised in the application or submissions, and clarify resource management issues.

Community Law Canterbury(external link) provides free advice and assistance on resource management matters and can be contacted on 03 366 6870. Alternatively, you may wish to talk to your solicitor or a planning consultant.