By Anna Bensemann, Senior Planner, Baseline Group | May 18, 2023
When it comes to district planning, the fixed nature of rules often raises questions about their practicality. While it may seem unreasonable for a resource consent to be required for minor breaches, it is essential to consider the broader implications of such leniency. It is important to strike a balance between common sense and legal processes under the Resource Management Act (RMA), emphasizing the need to protect communities and environment.
The fixed nature of rules ensures consistency and predictability in decision-making processes. These rules exist to protect the environment, promote sustainable development, and safeguard community well-being. By setting clear standards, they prevent the accumulation of harmful pollutants and maintain the integrity of our ecosystems.
While it may be tempting to apply common sense to every situation, it is crucial to consider the potential consequences of deviating from established rules. Take, for instance, the example of an air discharge burning coal. If we allowed even a slight increase in pollution beyond the specified limits, the long-term impact on air quality could lead to severe health issues for the surrounding community. Similarly, a minor breach in wastewater discharge could result in foul odours and a compromised quality of life for residents.
By enforcing strict standards for various resource consent types, the legislation aims to prevent the gradual degradation of our environment and mitigate potential harm to human well-being. While some breaches may seem insignificant on their own, their cumulative effect can be detrimental. Adhering to the legal process helps maintain a healthy living environment for present and future generations.
Deviation from fixed rules, even in seemingly minor cases, can create a slippery slope where exceptions become the norm. This erodes the integrity of the resource management framework, leaving room for exploitation and unchecked environmental harm. By adhering to established rules, we maintain a level playing field and ensure that everyone operates within the same framework of expectations.
The legal process not only ensures adherence to rules but also promotes accountability and transparency. Through public consultations, hearings, and submissions, communities have a platform to express their concerns and influence decision-making. The legal process encourages a robust exchange of ideas, fostering trust and collaboration between decision-makers and stakeholders.
While fixed rules under the District Plan are essential, there is room for flexibility and common sense in certain circumstances. It is crucial to differentiate between minor breaches that may have negligible impacts and those that pose significant risks to the environment and public health. The resource consents process allows an assessment of each situation to consider the potential consequences, allowing for a balanced approach, upholding the well-being of communities.
Balancing common sense and legal processes under the RMA is a delicate task, but one that ensures the protection of our communities and the environment. While flexibility may be warranted in some cases, the fixed nature of rules is crucial for maintaining environmental integrity and safeguarding public health. Striking a balance between common sense and legal processes enables us to navigate the complexities of resource management effectively, ensuring a sustainable and prosperous future for all.
Articles you might be interested in
- Managing Cultural Heritage Sites
- A recent Baseline Group project was recognised at the 2022 Canterbury Architecture Awards
- Why we have complicated septic tank disposal rules
- State highways, noise and reverse sensitivity: what’s the buzz?
- Change isn't coming, it's here!
- What does a professional planner do?
- Burning crop stubble on your property?
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- Minimum car parking requirements to be chopped
- Changes to Resource Management Planning Signalled in Proposed Legislation
- Have your say on Development Projects
- Planning Permissions – Resource Consent or Plan Change?
- Crunch Time For New Freshwater Legislation
- The impact of consent notices when purchasing land
- How lizards might affect your new development
- Wild Weather and Resource Consent Requirements
- Game changers for housing under the RMA
- Proposed Selwyn District Plan Update
- Who Shapes our Planning Rules?
- Councils are Increasing Residential Density, but why, who does it benefit?
- Is it a Wetland or Not?
- What to do when you inherit land
- District Plan in Selwyn – How will it Affect You?
- Our History - How We All Play a Part in its Protection
- Housing Intensification – Not for Everyone Says CCC
- Fundamental Culture Shift in New Zealand Planning Legislation.
- The Great Forestry Debate
- Spotlight on District Plan Provisions
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- RMA changes are coming, are you ready?
- Boundary disputes – What are they and how can you resolve them?
- Planning land use to be resilient to natural hazards
- How might Development Contributions affect you?
- The dream of subdividing your land
- But that’s the way we have always done it!
- The importance of knowing your boundaries
- Risks to farmland in the planning framework
- Time's up on the RMA
- Negotiating with Neighbours Under the RMA
- Who Pays for Infrastructure in Greenfield Land Development?
- Planning Rules can Affect Property Value
- Cross lease titles - an overview
- Tiny Home Revolution May Not Save Costs
- Make Your Additional Land Profitable Under the Selwyn Proposed Plan
- Minimum Car Parking Requirements to be Chopped
- Rural allotment sizes set to double in West Selwyn
- Commercial Activity in a Rural Zone – What’s the Harm?
- A Practical Guide for District Plan Reviews
- Rural Allotment Sizes set to Double
- The Role of Planning in the Climate Change - Discussion for Agriculture
- Hazardous activities, land contamination and resource consent applications
- Housing Growth continues in Selwyn with Legislative Support
- Buildings under exemptions may still need resource consent
- Is the RMA really the problem?
- Outstanding Natural Features and Landscapes - effect on farming
- Proposed Selwyn District Plan - What next?
- Selwyn District Council Changes Urban Allotment Sizes
- Indigenous Biodiversity: what does it mean for a farmer?
- Good District Plan provisions save time and money