Guide to Resource Consents in Wellington City

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A Guide to

Resource Consents

in Wellington City

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This booklet provides general information about resource consents and associated consents.

The information is not exhaustive, nor does it take account of individual situations.

You are advised to engage professional assistance for specific advice on your proposal.

PLEASE NOTE: RESOURCE CONSENTS AND BUILDING CONSENTS ARE DIFFERENT:

A resource consent is permission to do something that might affect the environment.

Building consents are primarily concerned with safety, and are dealt with by Building

Consents & Licensing Services (BCLS), phone: 801 3542.

You may also need other consents which are not dealt with as part of the resource

consent process. This could include such things as bylaw consents for earthworks or

vehicle access (BCLS), or landowner consent from Property Parking Services,

phone: 801 3657, if your proposal includes the use of legal road or other council land.

For further enquiries, please contact:

Resource Consents Team

Strategy and Planning Group

Wellington City Council

101 Wakefield St

Wellington

Ph: 801 3590

Fax: 801 3100

Email: planning@wcc.govt.nz

Web: www.wellington.govt.nz/services/reconsent

Published by Publication and Design, Wellington City Council, October 2005

ISBN 1�877232�23�8

PDWCC52470

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A GUIDE TO RESOURCE CONSENTS

1.0 INTRODUCTION

2.0 APPLYING FOR RESOURCE CONSENTS

3.0 NOTIFIED RESOURCE CONSENTS

4.0 AFFECTED PARTIES

5.0 COMPLIANCE & ENFORCEMENT

6.0 OTHER INFORMATION SOURCES

APPENDIX 1 � AN EXAMPLE OF A BASIC AEE

APPENDIX 2 - NON-NOTIFIED RESOURCE CONSENT PROCEDURE

APPENDIX 3 � LIMITED NOTIFIED RESOURCE CONSENT PROCEDURE

APPENDIX 4 � NOTIFIED RESOURCE CONSENT PROCEDURE

CONTENTS

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A GUIDE TO RESOURCE CONSENTS

This booklet provides an introduction to the Resource Management Act 1991 (RMA)

and the steps involved in applying for resource consents, in particular, land use and

subdivision consents.

It is divided into:

� Applying for resource consents

� Notified resource consents

� Affected parties

� Compliance and enforcement

What are Resource Consents?

Five types of resource consents were established under the RMA in 1991. Wellington

City Council deals with land-use and subdivision consent applications. The other

three types (coastal, water and discharge permits) are dealt with by Greater

Wellington Regional Council.

A resource consent is required from Wellington City Council if your proposal does

not comply with the District Plan. A subdivision consent is required to legally divide

land or buildings for separate ownership, such as new lots or sections (fee simple

or a boundary adjustment), unit title, cross lease, or company lease. Please refer to

our booklet Subdividing in Wellington City for information relating to subdivision

consents (and right-of-way approvals).

When a land-use or subdivision consent is required, approval from the Council must

be obtained before work begins.

If the proposed activity complies with the District Plan , you can (but don�t have to)

apply for a Certificate of Compliance (see below).

What is the District Plan?

The Council is required under the RMA to prepare a District Plan to cover all land

within its boundaries. Its aim is to help achieve the sustainable management of

natural and physical resources. Sustainable management balances development with

protection of the environment, and considers supply and quality of these resources

in the future.

Accordingly, the District Plan sets out:

� policies and rules on the use, devel opment or protection of land and natural and

physical resources in Wellington

� policies and rules that control any actual or potential effects of the use,

development or protection of land, and

� policies and rules that control the subdivision of land.

The District Plan�s policies and rules differ across the city, reflecting the particu lar

1.0 INTRODUCTION

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A GUIDE TO RESOURCE CONSENTS

environmental goals that the community wants for different areas of Wellington. In

deciding on a land-use or subdivision consent application, the Council must ensure

that it is in keeping with the District Plan.

Certificates of Compliance

A Certificate of Compliance can be issued for an activity or a proposal that does not

require a resource consent; in other words, when the District Plan indicates that it

is permitted as of right. For example, a Certificate of Compliance may be useful in

situations where it is not clear if the proposal or activity is a permitted activity. It can

also be used as a formal record that the Council regards the proposal as �permitted�.

Obtaining a Certificate of Compliance for a permitted activity is optional.

If an application for a Certificate of Compliance is declined, a resource consent

application is generally required.

HOW DO YOU APPLY FOR A CERTIFICATE OF COMPLIANCE?

You must lodge with the Council:

� A completed standard application form �(available from the Council�s website

� www.wellington.govt.nz\services\reconsent

or from the Council).

� A detailed description of the proposal or activity

� Detailed plans (to scale).

� A report showing how the proposal complies with the District Plan

� A deposit processing fee, and

� Two sets of all reports and plans.

WHAT HAPPENS TO YOUR APPLICATION AFTER IT HAS BEEN LODGED?

It is allocated to a resource consents planner who will check the application against

the relevant rules of the District Plan. If further information is required, you will be

contacted. You will be advised by mail of the decision on the application.

HOW LONG DOES PROCESSING TAKE?

The application should be processed within 20 working days from when the

application, or additional information required, is received. If there is a delay, you

will be advised.

HOW LONG WILL THE CERTIFICATE BE VALID?

It is valid for five years, even if relevant District Plan rules change after the certificate

is issued.

CAN AN APPLICATION BE REFUSED?

Yes it can if the activity does not comply with the rules of the District Plan. A resource

consent will then be required. Any outstanding credit on the application for the

certificate will be credited to the resource consent fee.

CAN YOU OBJECT OR APPEAL THE COUNCIL�S DECISION?

Yes, you can object or appeal against this decision within 15 working days from when

the decision was received. An objection must be directed to the Council�s Resource

Consents Team. An appeal should be directed to the Environment Court in Wellington.

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A resource consent is required if your proposal does not comply with one or more

of the �permitted activity� rules in the District Plan. For residential properties, a

summary of the general Inner Residential and Outer Residential Area Permitted

Activity Rules is available from the Council or website (www.wellington.govt.nz).

Please call our Planning Officers on phone 801 3590 to find out details about the area

in which your property is located.

The District Plan divides activities into categories: permitted activity; controlled

activity; discretionary (restricted) activity; discretionary (unrestricted) activity; non-

complying or prohibited activity. The differences between them are:

� whether or not a resource consent application is required, and

� whether consent must be granted or can be refused and what conditions, if any,

could be imposed.

Any proposed activity or structure requires a land-use and/or subdivision consent

unless it is a permitted activity and fully com plies with all the relevant rules in the

District Plan.

If more than one resource consent is required for your development, you are encour-

aged to lodge all applications at the same time with the Wellington City Council

and/or the relevant consent authority such as the Regional Council or Hutt or Porirua

City Councils. This is known as a joint application. The advantage of making a joint

application is that all aspects of the development and the effects on the environment

can be considered in an integrated manner by the respective authorities, with

savings in time and money for all concerned.

Preparing your Resource Consent application

PRE-APPLICATION DISCUSSION

You are encouraged to speak to a Resource Consents Planner before applying for

resource consent. Come to our first-floor front counter in the Council Offices at 101

Wakefield Street, or contact us to make an appointment.

A pre-application discussion will help:

� confirm whether a resource consent is needed

� determine the fee to be deposited with the application

� explain the resource consent process and what this involves

� identify the relevant issues and information needed with your application

� identify properties and people that may be affected by the proposal and any

consultation required

� identify specialists who may be involved in assessing the application, and

� identify any initial concerns with the proposal that you will have to address in

your application.

The processing of a resource consent application is generally simpler, faster and less

costly if you have already sought and taken the Council�s advice before making your

2.0 applying for resource consents

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application. Council officers will attend up to two pre-application meetings at no

charge to the applicant.

WHAT SHOULD YOU INCLUDE IN YOUR APPLICATION?

You, or someone representing you (eg, your builder, surveyor, architect or planning

consultant), must complete a resource consent application form, which contains a

checklist of the information that has to be submitted with your application.

Plans and other material supplied with a land-use or subdivision consent

application should be accurate and provide enough detail to enable any person to

gain a reasonable understanding of the application. One of the most critical parts of

the application is the content and quality of the Assessment of Environmental Effects

(AEE).

If you lodge an incomplete application, it may not be accepted by the Council for

processing. If this happens, you will be informed about what information is required

before the Council can begin processing the application.

ASSESSMENT OF ENVIRONMENTAL EFFECTS (AEE)

An AEE is an accurate and objective statement about the effects of the proposed

activity or structure on the environment. The words �effect� and �environment� have

a broader definition in the RMA than in everyday use.

�Effect� includes:

� any positive or adverse effect

� any temporary or permanent effect

� any past, present or future effect

� any cumulative effect that arises over time or in combination with other effects

� any potential effect of high probability, and

� any potential effect of low probability which has a high potential impact.

�Environment� includes:

� ecosystems, including people and communities

� all natural and physical resources

� amenity values

� social, economic, aesthetic and cultural conditions which affect, or are affected

by, the matters above.

Why prepare an AEE?

The RMA requires that an AEE accompanies an application for a land-use or

subdivision consent. The applicant is responsible for submitting an AEE with the

applica tion. The amount of detail provided should match the scale and nature of

the anticipated effects. Generally, the larger or more complex the effects, the more

detailed the AEE should be. The AEE forms a critical part of the application, as it:

� helps the Council and any affected parties to fully understand the details of the

proposal and the anticipated effects on the environment

� helps resource consents planners to determine whether the application should be

publicly notified, and

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� contributes to the final decision on the application and any conditions that may

be imposed.

Generally, if an AEE is not supplied, the application will not be accepted for process ing.

If the quality or accuracy of the AEE is not considered satisfactory by the Council, further

information will be requested in writing. Processing of the application stops, and

resumes when the new information is received.

What has to be included in an AEE?

� A description of the proposal

� All the actual and potential effects on the environment arising from the proposal

� the proposed methods to avoid or mitigate the adverse effects

� any alternative locations or methods of undertaking the activity, if the activity will

result in significant adverse effects

� information on the monitoring of the effects of the proposed activity - where the

scale and significance require this

� the identities of those persons interested or affected, an outline of any consultation

undertaken and the responses received, and

� the implications and alternatives where hazardous substances and contaminants

will be used in the activity.

Matters that should be considered when preparing your AEE include:

� any effect on those in the neighbourhood or wider community (eg, health, safety,

wind, shading etc)

� any effect on natural or physical resources or ecosystems that have aesthetic,

recreational, scientific, histori cal, spiritual or other special value (eg, physical

disturbance of habitats, effects of hazardous substances on plants,

animals, watercourses)

� any effect resulting from any discharge of noise, dust, odour, fumesor other

contaminants into the environment, and

� any physical effect on the locality (eg, landscape, visual effect).

Can you prepare an AEE yourself?

Yes, you can prepare a basic AEE by following the steps below. If your AEE is for a

complex proposal or if your AEE has to include technical assessment of effects you will

need professional help.

An example of a basic AEE is provided in Appendix 1.

How do you prepare an AEE?

You should follow these steps:

1.0 - Identify and describe the possible effects

Gain a thorough understanding of the proposed development and describe its

possible effects. A guide to the possible effects can be obtained by identifying which

District Plan rules it fails to comply with. For example, if the proposal fails to comply

with the sunlight access plane, shading may be an adverse effect. Or, if noise levels

exceed those permitted in the District Plan, noise will have to be addressed.

The District Plan contains assessment criteria that provide a guide to the effects that

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could be relevant in your AEE. You should also consider the scale, intensity, duration

or frequency of the effect.

2.0 - Identify methods of managing the effects

Consider how any potential adverse effects may be avoided or mitigated, and prepare

a statement about this. If identified at an early stage, some effects may be simple to

resolve by specific design or location of a building, machinery to be used, hours of

operation and so forth. Other effects may be technical, such as noise, traffic, wind

or glare. To adequately address these matters, you may need to employ an expert to

assist you.

3.0 - Identify alternative locations and measures for significant effects

If the effects identified are significant, state what alternative locations and methods

for undertaking the activity have been explored. For example, two other sites may

have been investigated but found to be unsuitable for various reasons.

4.0 - Describe your consultation

You should consult with all parties likely to be affected by the proposed development

and gain their written approval when this is necessary. While written approval may

not be required, you are still encouraged to consult with your neighbours so they

are aware of your intentions. For some proposals, you may have to consult only the

immediate neighbours to the site. For others, a whole neighbourhood may need to

be consulted.

When consulting, you should ensure that as much information as possible is available

and allow a reasonable time so the parties can fully understand the proposal.

Your contact details should also be provided to enable any interested party to obtain

any clarification, or provide a response.

Consultation helps to:

� maintain good relations between all parties

� provide a way for other options to be suggested and considered

� minimise any suspicion, fear or misunderstanding about the proposal, and

� gain written approval from affected parties where it is necessary.

Affected parties may include:

� owners and/or occupiers of the land

� adjacent landowners/occupiers (including the Council and Government agencies)

� Greater Wellington Regional Council

� iwi groups (for any proposal affecting a Maori site or interest)

� Department of Conservation (for activities potentially affecting watercourses, the

coast or reserves)

� Transit New Zealand (if any proposal affects state highways)

� Ministry of Health (if the site is contaminated), and

� Historic Places Trust (if any proposal affects an archaeological site or heritage item).

(Note: this list is not exhaustive.)

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Your completed AEE should include copies of all correspondence sent to other parties

and any correspondence received from them. Further information is provided below

on obtaining written approval from affected persons.

5.0 - Identify monitoring

Some effects from the proposed develop ment may have to be monitored if approval

is granted (eg, noise, traffic, hours of operation). In the AEE you are expected to

state the monitoring strategy proposed, and who will carry this out. You will also be

required to meet any monitoring costs.

Can one AEE cover multiple resource consents?

Yes, where two or more resource consent applications are lodged at the same time,

one AEE addressing all of the anticipated effects may be submitted.

How will you know if your AEE is not adequate?

You will be contacted by the Council.

WRITTEN APPROVALS FROM AFFECTED PERSONS

You are advised to consult the Council planners on who they consider will be

adversely affected (if anyone) by your proposal. It is also important to ensure that

the neighbours you approach sign all relevant papers as well as the written approval

form which is available from the Council or the website.

Please note that the final decision on who is, and who isn�t, an affected party is

made by the Council planner processing the application, once the full application is

lodged and an initial assessment has been done.

As an applicant trying to obtain neighbours� consents you also should consider the

significance of what you are asking your neighbour to do in approving your proposal.

It is important to listen to peoples� reasons for withholding approval. Sometimes you

will be able to change your proposal slightly to meet their concerns but still meet

your objectives. Keep an open mind. Please note that the written approval must not

be conditional in any way as the Council cannot accept these. Such matters must be

resolved outside the resource consent process, perhaps under a private agreement.

What can you do if a neighbour will not give consent?

In some circumstances, applicants and/or neighbours refuse to discuss options

- which can lead to a stalemate. If this happens, there is little the Council can do.

If it is not possible to get the approval of affected parties, then the application must

follow the limited notified process (or be publicly notified if the effects are considered

more than minor). Alternatively, an option might be to re-think the proposal and

to design it in a way that does not affect that neighbour. Sometimes an applicant

chooses not to proceed with the application. (Please note that the fee deposit will

not be refunded if an application is withdrawn).

RESOURCE MANAGEMENT FEES AND CHARGES

A fee must be paid when an application for a resource consent is lodged with the

Council, irrespective of whether consent is subsequently granted or refused. If an

application is granted, monitoring fees must also be paid.

A schedule of current fees is available from the Council or the website

(www.wellington.govt.nz/services/reconsent/fees).

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What happens once my application is lodged?

Lodgement options include:

� delivery in person (or via courier) to the Customer Services counter (1st floor,

Council Offices, 101 Wakefield Street)

� delivery of the application to the Tawa Service Centre, or

� mail the documents to:

Resource Consents Team

Wellington City Council

P O Box 2199

Wellington.

LODGEMENT CHECK

Before your application can be formally received it will go through a lodgement check

to ensure the following is provided:

� payment of a fee deposit

� current copy of the certificate of title (less than three months old)

� completed and signed application form

� all requested information

� name and address of applicant and owner/occupier of the site to which the

application relates

� description of the activity and its location

� type of consent sought and other resource consents required

� assessment of Environmental Effects

� accurate plans to a recognised metric scale � eg, 1:100, 1:200

all plans should have a north point. For simple applications, two sets of

non-reduced plans plus one set reduced to A3 or A4 will be required

all plans should clearly show the name of the person and the company

that prepared the plans; the address of property; the date when the plans

were drawn; a scale and a unique plan reference or identification number

and/or variation number where relevant

(Please note that even if a building consent application has been lodged it will

still be necessary to supply additional sets of plans for this application)

� provision of specialist reports supporting the application

� any other information required by the District Plan

� written approvals of affected persons (if required), and

� date and signature.

If your application does not include an adequate assessment of environmental

effects or the information required by the District Plan, the Council may reject your

application then return it, outlining the further information required in order for it to

be formally accepted.

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PROCESSING

Once your application has been formally received, you will receive a letter of

acknowledgement. At this stage, copies of the application are sent, if necessary,

to Council specialists for their consideration (eg urban design, heritage, traffic and

roading, geotechnics, wind etc).

The application will then be allocated to a resource consents planner who will

manage the process. Your proposal will be given a comprehensive review and

checked against the District Plan. This will identify any other areas for which consent

is required. Once a site visit has been undertaken, the planner will check to see

if anyone is potentially adversely affected by the proposal, and will determine if

additional information is required.

If the planner decides further written approvals or information is needed, this will be

requested within 10 days of receiving the application. While affected party approval

is being obtained or further information sought, the time limit �clock� is stopped.

Once the planner has received all necessary information, a decision will be made

on whether the application must be notified or not. This decision is made within 10

working days of receipt of the application (minus days awaiting further information/

written approvals). An application may not have to be publicly notified if the

Council is satisfied that any adverse effects are minor and the written approval of all

affected parties has been obtained. The two types of notification are discussed in the

following section.

Appendices 2, 3 and 4 provide flow diagrams relating to the different processes -

non-notified, limited (service only) notified, and publicly notified.

NON-NOTIFIED CONSENTS

The decision to proceed on a non-notified basis is usually made by two of the

Council�s resource consent planners. This means that the application does not have to

be considered by a Hearings Committee. The written decision is usually issued within

20 working days of the application being formally received.

Once it has been decided that your application can proceed on a non-notified basis,

the second stage of the assessment is completed. This assessment has regard to

sections 104, 105 and 108 of the RMA.

If the planner recommends that your application is declined, you will be advised in

advance, and you will have the following options:

� amend the proposal to the planner�s satisfaction

� provide further information or assessments that may change the planner�s

conclusion on the proposal

� request a hearing before a Hearings Committee for an opportunity to present your

case. The Committee will make the decision based on the planner�s report and

information you have provided, or

� accept the decision.

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What happens once Resource Consent has been granted?

Once a non-notified land use or subdivision consent has been approved, you can

start the proposed development from the date of the approval notice or on the date

specified in the consent.

Where the application was publicly notified or limited-notified, and submissions

were lodged, the consent will come into effect when:

� the time for lodging appeals against the consent expires (15 working days) and no

appeals have been lodged, or

� when the Environment Court determines the appeal/s, or all appellants

withdraw.

Please remember that even where a land-use or subdivision consent has been

granted by the Council, you must still comply with all other relevant Acts, regulations

or bylaws. For example, even though you may have obtained consent to erect

three townhouses on a site, a building consent will be required before work can

start. Other consents may also be required, such as earthworks consent, under the

Wellington City Consolidated Bylaws. A separate application must be made for each of

these consents.

CONDITIONS OF CONSENT

A resource consent may be granted with specific conditions. It may require

that certain actions be taken before the proposed development can start (eg, a

photographic record of a significant heritage building be made before itis removed or

altered) or while the develop ment continues (eg, noise monitoring reports).

A subdivision consent usually includes conditions to ensure that the newly subdi-

vided land or buildings can fully function - that is, roads, rights-of-way and all

services are installed to service the new allotments to the Council�s satisfaction.

The Council will monitor these conditions and, where a consent-holder fails to carry

out the conditions of any consent, action may be taken to enforce them.

Can you apply to remove or vary the conditions of your resource consent?

Yes, you can apply for the conditions on a consent to be varied or cancelled. The

Council has an application form which guides you on the information that must be

provided.

DOES A RESOURCE CONSENT EXPIRE?

Consent holders have five years to complete the works associated with the consent. If

the approved works are not completed within that timeframe, the consent lapses.

Once the works are completed, the consent lasts for an unlimited period, unless a

specified period is stated in the consent.

Can you apply for an extension of the lapse time on the Resource Consent?

Yes, if the works are not completed within the 5 years, a time extension may be

considered and fixed by the Council if an application is made before the consent

lapses. Please note that you can apply for only one extension of time. Again,

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the Council has application forms that guide you on the information that must be

provided.

OBJECTION TO A DECISION ON A NON-NOTIFIED RESOURCE CONSENT APPLICATION

Consent holders may object to the Council if they are not satisfied with the decision

on a non-notified application. The consent holder may also object to a request

for additional fees. This objection must be lodged within 15 working days after the

decision is received. The objection will be assessed by:

� two Council resource consents planners, or

� a Hearings Commit tee, or Commissioner, where the applicant requests a hearing

(and/or the objection is against conditions imposed, or a decision to decline an

application). If a hearing is held, the applicant will be given at least five working

days� notice of the time and place.

If your objection is dismissed by the Council, you may make an appeal to the

Environment Court. (The procedure for this is described in the next section).

Appeals may also be made to the Environment Court in the case of a limited-notified

or publicly-notified resource consent applications where you are dissatisfied with

the decision.

WHAT IS AN APPEAL?

It is a request to the Environment Court to review a decision on a resource consent

application. The Court hears the application afresh and makes an independent

decision on the matter. The Court is not bound to make the same decision as the

Council, but may take into account the reasons for the Council�s decision.

WHO CAN APPEAL?

Any one or more of the following parties may lodge an appeal with the Environment

Court:

� the applicant

� consent-holder, and

� any person who made a submission on the limited notified or notified

application.

If you are thinking of making an appeal, we recommend that you seek legal

assistance in preparing your notice of appeal, and for advice on the procedures to

follow. If the correct procedures are not adhered to, this may result in your appeal

being dismissed without a hearing, or costs may be awarded against you.

If you are not included in the above list of parties, but you or any group wish to

appear at the hearing then, so long as someone else has appealed, you may appear.

In this case, you or the group must have an interest in the proceedings greater than

that of the general public and give notice to the Court and every party within 30

working days of the appeal being lodged, before the hearing starts. You should seek

legal assistance as soon as possible.

HOW TO LODGE AN APPEAL

A notice of appeal (plus fee) must be filed with the Environment Court and the

Council within 15 working days of receiving the decision from the Council.

The appeal must be made on the correct form and include your status (as either

applicant or submitter), your reasons for making the appeal, and the decision you

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would like the Environment Court to make. You must be clear about which parts of

the decision you are opposing, and why.

Within five working days of lodging the notice with the Environment Court, you

must ensure a copy is sent to all other parties eg the applicant and submitters.

The appeal notice must be sent to:

The Registrar,

Environment Court

PO Box 5027

Wellington

Fax: 918 8303

The Council lodges a written reply with the Environment Court within 20 working

days of being served with the appeal. This reply is an initial response to the matters

raised in the appeal. All parties to the appeal will be served with a copy of the

Council�s reply.

HEARING OF THE APPEAL

You will be given 15 working days� notice of the time and place for the appeal

hearing. The proceedings of the Environment Court are formally conducted with

evidence, submissions, and expert witnesses being called, if relevant. In general,

each party has one opportunity to address the Court. Evidence is factual information

or expert opinion given under oath by people with knowledge particularly relevant

to the appeal. Submis sions are legal arguments that are not given under oath.

Expert witnesses can be used to give evidence at the hearing on noise, public

health, scientific and ecological matters, and so forth. Each party to the appeal

can cross-examine those giving evidence for other parties. The Court can also ask

questions or request clarification or extra information at any stage during the

hearing.

It is essential that your case is well considered and prepared. A poorly prepared and

presented case could result in costs being awarded against you. You should seek

legal assistance in preparing your case and at the hearing. Witnesses may be called

in support of your case. It may be possible to combine with other parties to reduce

costs

CONFERENCES AND ADDITIONAL DISPUTE RESOLUTION

The Environment Court Judge may call a pre-hearing conference of the parties

involved, to establish the procedure for the hearing and define the issues. To

encourage settlement, the Court, with the agreement of the parties, can initiate

mediation or conciliation procedures.

THE DECISION

The Environment Court may give an oral decision at the end of the hearing, although

it usually reserves its decision and a compre hensive written report and decision are

issued later. The Court may dismiss, allow or partly allow an appeal. In doing so, it

can confirm, cancel or amend the decision being appealed. The Court can also direct

the Council to amend defects in its District Plan.

REVIEW OF THE ENVIRONMENT COURT DECISION

The Environment Court�s decision can be reviewed by the High Court only on points

of law. The appeal notice must be filed with the Registrar of the High Court within 15

working days of the date on which the appellant was notified of the Environment

Court�s decision. The appeal should be conducted with the guidance of a lawyer.

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There are two types of notified resource consents:

� limited (service only) notification, and

� public notification

Limited-Notified Resource Consents

This is an alternative method of processing resource consent applications with only

minor adverse effects. Limited notification means the application is sent only to

those parties that the consent authority considers affected, and only those parties

can make submissions. Public notification such as newspaper advertising is not

necessary.

Refer to Appendix 3 for process diagram.

Publicly-Notified Resource Consents

Fully publicly notified applications are advertised in the public notices section of

The Dominion Post, and may also be advertised in suburban newspapers. A sign is

generally erected on the subject property advising of the applica tion. Any parties

who could actually or potentially be affected by the proposal are notified, in writing,

of the application, and invited to inspect the application at the Council Offices or

a local library, and to make a submission (see next section). Anyone can make a

submission.

The process

For notified applications, a decision will usually be issued within 70 working days

from when the application was received. If the application or supporting information

is considered incomplete and further information is requested, this will cause

delays (the counting of working days will resume once the additional information is

received). Delays may also arise if the public notification or hearing of an application

is deferred because it is considered, on reasonable grounds, that other consents will

be required and these consents should be applied for before proceeding further. In

this case, the applicant will be notified immediately.

Refer to Appendix 4 for process diagram.

PRE-HEARING MEETINGS

A pre-hearing meeting is an informal session, usually chaired by an independent

person, where the applicant and submitters voluntarily meet to clarify and try to

resolve any issues. The applicant, submitters or Council resource consents planner

may request a pre-hearing meeting. If agreement is reached by all parties on the

issues, a formal hearing may not be required. The minutes of the meeting are usually

recorded, including any decisions reached.

3.0 NOTIFIED RESOURCE CONSENTS

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After a pre-hearing meeting, a hearing may still be held. The outcome of the

pre-hearing meeting will generally be reported to the Hearings Committee or

Commissioner/s, and it forms part of the information they will take into account in

considering the application.

THE PLANNER�S REPORT

Before the hearing, a Council resource consents planner will prepare a report on the

application. This report includes an assessment of the proposal in accordance with

the RMA, District Plan and submissions, and usually includes a recommendation to

the Commit tee or Commissioner/s either to approve the proposal (with any associated

conditions) or to refuse consent. A copy of the report will generally be available to

the applicant and submitters five working days before the hearing.

HEARINGS

Who hears the application?

The hearing of a notified resource consent application is carried out by a Hearings

Committee or Commissioner/s. A Committee usually comprises three City Councillors.

An Independent Commissioner Hearing involves a person or people independent

from the Council who are appointed to hear and determine the resource consent

application. The identity of the Committee or Commissioner/s will not usually be

disclosed before the hearing. If an independent person or people must be appointed

to hear an application, the costs must be met by the applicant.

Hearings are usually held at the Council Offices in Wakefield Street. The applicant,

and any submitters who wish to be heard, will be given 10 working days� notice

of the time and venue of the hearing. The Committee or Commissioner/s sit in a

semi-judicial capacity, but the aim is to avoid a courtroom atmosphere. Hearings

have a minimum of formality, but certain proce dures are necessary to ensure that

applica tions are dealt with consistently and fairly, and to give all parties a fair

opportunity to present their case.

Evidence written or spoken in Maori may be received at the hearing. Advance notice

must be given so the Council can make the necessary arrangements. The costs

associated with this may be charged to the applicant.

Resource consent hearings are open to the public and the media may be present.

From time to time, it may be necessary to exclude the public from some parts of a

hearing, or limit the release of information. Reasons may include avoiding serious

offence to tikanga Maori, the disclosure of waahi tapu, or the disclosure of trade

secrets or information prejudicial to commercial positions.

Joint hearings

If two or more resource consents relate to the same proposal, then a joint hearing

will probably be held to deal with them, unless the issues are sufficiently different

that a joint hearing is unsuitable. Please contact the Council for more information.

The hearing procedure

The hearing will usually follow this format:

1.0 - Opening and introduction

The Chair introduces the Committee members or Commissioner/s, Council resource

consents planners or other Council officers. The nature of the application is noted.

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A GUIDE TO RESOURCE CONSENTS

The Chair then asks all parties at the hearing to introduce them selves. The Chair gives

a brief outline of the hearing procedure.

2.0 - The planner�s report

The Council resource consents planner speaks briefly about the report that has

been prepared for the hearing, outlining the proposal and the main resource

management issues involved.

3.0 - The applicant�s case

The applicant (either personally or through a representative) introduces the

application and presents their case. The applicant may call witnesses to speak in

support of the application. The Committee or Commissioner/s may then ask questions

of the applicant and witnesses. No cross-examination by the submitters is allowed,

but some questions from submitters may be accepted by the Chair to clarify matters

raised.

4.0 - Submitters

The submitters are then asked to speak about their submissions and can do this

either personally or through a representative. Fresh grounds of objection or support

cannot be introduced at the hearing. Submitters can also call witnesses in support

of their submission. The Committee or Commissioner/s may ask questions of the

submitters or witnesses. No cross-examination by the applicant is allowed, although

the Chair may accept questions from the appli cant to clarify matters raised.

5.0 - Planner�s comment

The Committee or Commissioner/s may ask the Council resource consents planner or

other Council officers to clarify any points that may arise during the hearing.

6.0 - Applicant�s right of reply

The applicant is then permitted a right of reply, to comment on any matters arising

during the hearing and to briefly sum up their case. No new evidence may be

introduced.

7.0 - Conclusion of hearing

The Chair or Commissioner/s then advises the parties that the public part of the

hearing is concluded and the decision is reserved. A site visit is usually conducted by

the Committee or Commissioner/s.

8.0 - The decision

The written decision of the Committee or Commissioner/s (including the reasons for

the decision) is sent to the applicant and all submitters within 15 working days of the

hearing. The applicant or submitters then have the right to appeal to the. Environ-

ment Court against the decision if they are unhappy with it.

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Giving your approval to a development proposal

If you are approached by someone, say your neighbour, requesting your approval to

their proposal, you need to:

� understand what the proposal is and how it may affect you, and

� get a copy of the plans, any specialist reports and the assessment of effects.

HAS THE COUNCIL IDENTIFIED YOU AS AN ADVERSELY AFFECTED PERSON?

If the Council has decided you are potentially adversely affected by a proposal on an

adjoining or nearby site, then it is up to the applicant to obtain your written approval

to the proposal. Your written approval is required for the application to be processed

on a non-notified basis. The person approaching you may do so before the Council

has decided if you are affected or not. The Council only decides if you�re affected

once the application has been lodged.

CAN YOU REQUEST AMENDMENTS TO THE PROPOSAL?

If you have any concerns about the proposal, you should feel able to discuss these

with the applicant. It is entirely legitimate for you to negotiate an alternative

solution to reduce the effects of the proposal on you and your property. If you agree

on amendments, make sure you sign your approval to the amended version of the

plans. Please note that your written approval must not be �conditional� in any way,

as the Council is unable to accept these. For example, your written approval should

not depend on the applicant or another person doing or building anything. Such

matters must be resolved outside the resource consent process, perhaps under a

private agreement.

YOU SUPPORT THE PROPOSAL - WHAT DO YOU DO?

If you support the proposal and want to give your approval, you should sign the

�written approval of affected persons� form, and the application plans. The applicant

is required to show you all of these documents. This is also a safeguard for you so

that you are quite clear what you are agreeing to. Ask the applicant for a copy of the

signed documents and keep them. Once you give your approval, the Council cannot

consider any effects on you when it is deciding on the application.

CAN YOU CHANGE YOUR MIND?

Remember that you can change your mind after you have given written approval

(but not after resource consent has been granted). If you decide to withdraw your

approval, you must do so as soon as possible as the application may then need to

follow a different process.

If the Council has already granted consent to the proposal when you change your

mind, it is too late to withdraw your approval. In the event that you do change your

mind, first phone the Council�s Resource Consents section (phone 801 3590) and,

second, send a brief letter recording your withdrawal of the approval. You do not

have to state reasons for withdrawing.

Note that the withdrawal of the approval may mean the application has to be

publicly notified, or limited notified. Alternatively, the applicant may decide to

withdraw the application.

4.0 AFFECTED PARTIES

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YOU DON�T SUPPORT THE PROPOSAL - WHAT SHOULD YOU DO?

If you do not support the application, you are within your rights to not give your

approval if requested. The RMA places no compulsion on you to give your approval.

You do not need to give reasons for not giving approval, and there is no defined

time frame in which you must decide whether to give your approval or not. If an

applicant gives you a date to respond by, this is usually for their convenience and it is

not a Council deadline. If you need more time to consider the proposal, ask for it.

If the Council has decided that you are an affected party, and you do not support

the application, the application may be publicly notified or limited notified if the

applicant decides to proceed with it.

Making a submission on Limited-Notified and

Publicly-Notified Resource Consents

The RMA allows any person to make a submission on publicly notified resource

consent applications, and certain persons to make a submission on a limited-

notified application. This is the most effective way for you to influence the resource

consent process. Before you start writing your submission, you should have as

much information as possible about the proposal and its effects. You can obtain this

information from:

� the applicant

� the consent application and the accompanying AEE (a full copy is available at the

Council), or

� your own professional advisers.

TIME AVAILABLE FOR PREPARING A SUBMISSION

You will have 20 working days after public notification of the application to make

your submission and lodge it with the Council by the date and time specified in the

public notice. You are then known as a �submitter�. Submissions can be sent by mail,

fax or delivered by hand. The specific address/es you must send your submission to

will be stated in the public notice.

WRITING YOUR SUBMISSION

All submissions must be in writing and, if you prefer, may be in Maori. Copies of the

submission form are available from the Council or the website. Your submission must

state:

� whether you support or oppose the application for a resource consent

� the particular parts of the application you support or oppose

� the reasons for your submission

� the decision you wish the Council to make, including the general nature of any

conditions sought

� whether you wish to speak* at any hearing, and

� your full name, address, telephone and fax number.

* Note: at any meeting you may speak in support of your submission in Maori.

If you intend to do so, please give advance notice to the Council so that the

necessary arrangements can be made.

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A GUIDE TO RESOURCE CONSENTS

Make sure you include all your issues in your written submission as you will only be

able to talk about those issues at the hearing.

As soon as possible after sending your submission to the Council, you must send a

copy of your submission to the applicant.

WHAT HAPPENS AFTER YOU HAVE MADE A SUBMISSION?

After the closing date, all submissions will be carefully considered by a Council

resource consents planner, and either:

� if no submitter wishes to be heard and the applicant does not wish to be heard,

a decision will be made by Council resource consents planners, unless they think

a hearing should be held, or

� a pre-hearing meeting will be held, where the applicant and all submitters who

wish to attend meet to clarify or resolve an issue. Any decisions reached will be

recorded, and a hearing may then be held if necessary, or

� a hearing will be held where the applicant and submitters present their case and

a decision is made by a Hearings Committee or Commissioner/s.

For details, see �Pre-hearing meetings and hearings� above.

WITHDRAWING YOUR SUBMISSION OR WISH TO BE HEARD

A submission may be withdrawn at any time before the hearing (if one is held) or

the application is decided on. Similarly, if you change your mind about wanting to

be heard at the hearing, you must let the Council resource consents planner know as

soon as possible. Please phone first, and follow up in writing.

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A GUIDE TO RESOURCE CONSENTS

From time to time, enforcement action has to be undertaken:

� to ensure compliance with the RMA, District Plan, or resource consents and

associated condi tions, or

� to remedy and/or penalise when the RMA is contravened, or environmental

damage is caused (this could include compensation).

The Council and, in certain circumstances, any person may initiate enforcement

proceedings under the RMA. Before this happens, however, it is better to encourage

the person/s concerned to comply and voluntarily resolve the situation. Where this

is inappropriate or unsuccessful, the Council will seek formal methods to remedy the

situation. Several enforcement mechanisms are available.

Abatement Notices

An abatement notice is issued by a Council enforcement officer, and can require any

person to:

� cease doing, or prohibit from starting, something which may contravene the

RMA, District Plan, or a resource consent, or is likely to be so noxious, dangerous,

offensive or objectionable that it has, or is likely to have, an adverse effect on the

environment

� do something necessary to ensure compliance with the RMA, District Plan, or a

resource consent, and to avoid, mitigate any adverse effect on the environment

caused by or on behalf of that person, or relating to any land of which the

person is the owner or occupier

Once the abatement notice has been served, it must be complied with in seven days

unless otherwise stated. An appeal against the abatement notice may be made to the

Environment Court.

If no appeal to the Environment Court is lodged, an abatement notice continues in

force until cancelled by the Council. Failure to comply with it is an offence under the

RMA.

Infringement Notices

Enforcement Officers can issue infringement notices requiring payment of a fine

ranging from $300 to $750, if operators do not comply with the RMA. Such penalties

can be issued on a reoccurring basis if the environmental matter of concern is not

addressed.

Interim Enforcement Order

Any person can apply to the Environment Court for an interim enforcement order to

deal with an emergency. Because of the urgency, no hearing is necessary. An interim

enforcement order is effective as soon as it has been served The order remains in

effect until an enforcement order has been determined, or until it is cancelled by an

Environment Court or District Court Judge as a result of a hearing or an appeal.

5.0 COMPLIANCE & ENFORCEMENT

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A GUIDE TO RESOURCE CONSENTS

Enforcement Order

Any person can apply to the Environment Court for an enforcement order to require

another person to:

� cease doing, or prohibit from starting, something which may contravene the

RMA, District Plan, or a requirement for a designation, heritage order or resource

consent

� do something to ensure compliance with the RMA, District Plan, or a requirement

for a designation, heritage order or resource consent

� avoid or mitigate any adverse effect on the environment caused by or on behalf

of that person

� pay any other party for action undertaken because of the failure of that person to

comply with an enforcement order, abatement notice, resource consent or any of

that person�s other obligations under the RMA, or

� change or cancel a resource consent.

The Environment Court will hold a hearing, and the applicant and the person against

whom the order is sought may attend. After the hearing, the Judge may make an

enforcement order or refuse the application. Once an enforcement order is served, it

must be complied with. Failure to comply is an offence.

Emergency works and power to take

preventative or remedial action

Sometimes the Council may be required, without resource consents, to do emergency

work where any natural or physical resource or area is likely to be affected by:

� an adverse effect on the environment which requires immediate preventative

measures, or

� any sudden event which could cause loss of life, injury or serious damage to

property.

In these circumstances, the Council can recover all actual and reasonable costs from

the person/s who failed to fulfil their responsibilities under the Act.

The Council will seek to prosecute liable parties where it considers this appropriate.

Prosecution can be sought for a wide range of activities. These include contravention

of the RMA, District Plan, resource consent, enforcement order, interim enforcement

order or abatement notice, any request for certain information by an enforcement

officer, any order of the Environment Court, any request for attendance or co-operation

by the Environment Court, any summons or order to give evidence at a hearing and

any order protecting sensitive information. It is also an offence to wilfully obstruct,

hinder, resist or deceive any person lawfully executing powers under the RMA.

Fines

The maximum fine under the RMA is $200,000 or imprisonment for up to two years.

If the offence continues, a fine of $10,000 per day may be imposed for every day or

part of a day during which the offence continues. A sentence for community service

could be imposed by the courts.

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A GUIDE TO RESOURCE CONSENTS

OTHER COUNCIL GUIDELINES

The following guidelines are available from the Council or on the Council website:

Guide to Subdividing in Wellington City

Guide to Subdivision Certificates after Consent is Granted

Guide to the District Plan

MINISTRY FOR THE ENVIRONMENT GUIDELINES

The following guidelines are available from the Ministry for the Environment website

(www.mfe.govt.nz/publications/rma):

An Overview of the Resource Management Act (June 2004)

Applying for a Resource Consent (June 2004)

Your Rights as an �Affected Person� (June 2004)

Making a Submission about a Resource Consent or Designation (June 2004)

Appearing at a Resource Consent or Designation Hearing (June 2004)

The Resource Management Act and You: Getting in on the Act (June 2001)

You, Mediation and the Environment Court (June 2001)

Appeals on Council Decisions: How to lodge an appeal to the Environment Court

(January 1999)

Awarding of Costs by the Environment Court (January 1999)

6.0 OTHER INFORMATION SOURCES

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A GUIDE TO RESOURCE CONSENTS

Application for Resource Consent

Mr & Mrs J Smith

Assessment of Effects

75 Ork Avenue, Jacksonville

1.0 INTRODUCTION

This statement of effects provides an assessment of the actual and/or potential

effects on the environment of the proposed development of [insert activity

description as per application form]. This statement of effects accompanies and

forms part of the resource consent application form

1.1 Description of the site

The 576 m

rectangular site is located on the eastern side of Ork Avenue,

Jacksonville, Wellywood. The site slopes steeply downwards to the east from the

road, with flat areas created on the site by the use of terraces. There is an older

style split level weatherboard dwelling located on the western portion of the site

close to the road boundary of the site. An offstreet carparking space is located

immediately in front of the dwelling.

The footprint of the existing dwelling is 108 m

, giving an existing site coverage of 19%.

The adjoining properties to the north (73 Ork Ave) and south (77 Ork Ave) are

located on land with a similar topography to the subject site, and these dwellings

are of a similar scale, age and design. The property located adjacent to the site

on the western side of the road (72 Ork Ave) is located at a higher elevation in

relation to the road, and is accessed via a driveway. The adjoining property to the

east (8 Gollum St) is located at a much lower elevation, with its roof level well

below the lowest part of the existing dwelling on the subject site.

A site plan is attached to the application.

1.2 Description of Proposal

It is proposed to build a 30 m

addition to the rear of the dwelling, which

increases the site coverage to 24%.

The proposal does not comply with the sunlight access plane rule which states

that all parts of any building shall be contained within a 45

plane commencing

at a point 2.5 metres above ground level inclined inwards at right angles in

plan from all parts of the site�s boundaries. A part of the southern wall of

the proposed addition would exceed this sunlight access plane by 1.7 metres

(measured vertically), and the guttering on the roof(?) of the addition exceeds the

sunlight access plane by 0.3 metres (measured vertically). This is shown on the

attached plans.

1.3 Consultation

Consultation has been undertaken with all three surrounding neighbours.

Neither of the neighbours to the rear (east), south and north boundaries

expressed any concern relating to the proposed additions. The written approval

APPENDIX 1 � AN EXAMPLE OF A BASIC AEE

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A GUIDE TO RESOURCE CONSENTS

of these neighbours has been obtained as it is considered they are potentially

adversely affected by the development.

2.0 ASSESSMENT OF EFFECTS

A Discretionary (Restricted) Activity consent is required. The following matters are

relevant:

� Whether the proposal reduces the sunlight/daylight access to neighbouring

properties

The site is located on the eastern side of the road. Because the house to the east

of the subject site is located further to the east of where the addition will be

located, there will be no adverse effects on that neighbour�s sunlight. Nor will

there be any effect on the adjoining neighbour to the north, given the presence

of mature vegetation on this site and the distance of the dwelling.

The additional shading in relation to the property to the south will fall

predominantly on the existing hedge located along the southern boundary on

the applicant�s property.

The main outdoor living area of the adjoining neighbours to the south (77 Ork Ave)

is located to the front and rear of the dwellings, meaning that any additional

shading as a result of the proposal will not be cast on these areas.

� Whether the proposed addition is in keeping with the design of the

existing house

It is proposed to construct the addition out of the same style and width

weatherboard cladding as is currently on the dwelling. The large windows

proposed on the addition break up the fa�ade so the addition does not look

bulky when viewed from neighbouring properties. The addition will be finished

in colours to blend in with the existing dwelling.

� Whether the proposed addition is out of character with the street

The house design is similar to a number of dwellings in the area � most of which

are reasonably substantial double (or triple) storey homes.

Due to the slope of the land the addition would not be visible from Ork Road. The

addition will therefore not be a predominant feature on the landscape or out of

character with existing development in the area.

� Whether the proposed addition reduces someone�s privacy

The addition takes advantage of the opportunities provided by the existing

development on the site. While there are significant areas of window proposed, these

generally overlook the roof of the house below (as opposed to looking directly on it.

In any case, the neighbours have indicated that they have no objection to the

proposal and their written approval has been obtained.

� Whether the proposed addition blocks someone�s view

No one�s view will be affected by the proposed addition.

� Whether any vegetation needs to be removed

The addition will be placed on an existing cleared area of land.

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A GUIDE TO RESOURCE CONSENTS

APPENDIX 2 � NON-NOTIFIED RESOURCE

CONSENT PROCEDURES

Further information received and assessed

(where applicable)

APPLICATION DETERMINED AS NON-NOTIFIED

PLANNERS REPORT COMPETEED

(including peer review under delegated authority)

DECISION

Research/preparation of

Application and Plans

Pre-Application Meeting

(Optional)

APPLICATION LODGED

APPLICATION ACCEPTED

& distributed for assessment by

experts

Site Visit undertaken

APPLICATION ASSESSED

(Further information requested, where

necessary. This may include requirement

for written approval of affected persons)

Obtain written approval of

potentially affected persons

Application scoped for

completeness

Incomplete applications

rejected

Further information

inadequate

Distributed to (where

appropriate)

�

Vehicle Access

�

Urban Design

�

Transport & Traffic

�

Water & Drainage

�

Heritage

�

Encroachments

�

Health

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A GUIDE TO RESOURCE CONSENTS

APPENDIX 3 � LIMITED NOTIFIED RESOURCE

CONSENT PROCEDURE

APPLICATION LODGED, SCOPED,

ACCEPTED & SITE VISIT UNDERTAKEN

(as non-notified procedure)

APPLICATION ASSESSESSED

(Further information and

requirements for written approvals

requested)

FURTHER INFORMATION RECEIVED &

ASSESSED

One or more affected parties have not

given their written approval

APPLICATION DETERMINED AS LIMITED

NOTIFIED

All affected parties notified in writing

SUBMISSIONS RECEIVED

PRE-HEARING MEETING

(Optional)

Further Information Requests (if necessary)

PLANNER�S REPORT PREPARED AND CIRCULATED TO ALL

PARTIES

COUNCIL HEARING

DECISION

APPEALS

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A GUIDE TO RESOURCE CONSENTS

APPENDIX 4 � NOTIFIED RESOURCE

CONSENT PROCEDURE

APPLICATION LODGED AS NON-NOTIFIED

CONSENT

(as non-notified procedure)

APPLICATION ASSESSESSED

(Further information and

requirements for written approvals

requested)

FURTHER INFORMATION RECEIVED &

ASSESSED

APPLICATION DETERMINED AS NOTIFIED

PUBLIC NOTIFICATION

�

Newspaper

�

Affected Persons

�

Site Notice

PRE-HEARING MEETING

(Optional)

Further Information Requests (if necessary)

PLANNER�S REPORT PREPARED AND CIRCULATED TO ALL

PARTIES

COUNCIL HEARING

DECISION

APPEALS

Research/preparation of

Application and Plans

Pre-Application Meeting

APPLICATION LODGED AS A

NOTIFIED CONSENT

APPLICATION ACCEPTED

& distributed for assessment

by experts (eg urban design,

traffic etc)

Site Visit undertaken

SUBMISSIONS RECEIVED

APPLICATION ASSESSED

(Further information

requested, received where

necessary)