By Anna Bensemann, Senior Planner Baseline Group | Nov 22, 2021
Just because you have always been allowed to do something does not mean you will not need a resource consent for that activity in the future. Activities to the use of the coastal environment, a discharge to land, air or water, a water take for irrigation, or the use of the bed of a river may require a future consent if a Regional or Unitary Council change the rules.
Rules change because every ten years councils are required to review their regional plans that manage these activities. In the process of revising these plans a Regional or Unitary Council may identify an environmental effect that requires new rules to manage.
If the result of the review process determines a new rule is to be imposed, which may remove the permitted activity status from the activity, people who carry out the activity have six months to seek a resource consent. This time frame applies only from the date the rule becomes operative in the plan and is set out in section 20A of the RMA.
Some rules have legal effect from the date the council notifies them for public submissions, but if you have been operating legally under old permitted rules, you can continue to operate until the rule becomes operative. Only once operative does the six-month time fame to seek a resource consent apply.
Through the resource consents process Council may require you to change the way you carry out the activity. Using the example of a septic tank system, they may require you upgrade the tank or the disposal field to meet current design standards for onsite wastewater disposal. For a water take they may require that you meter how much water you are taking and provide the results to ensure you are complying with your allocated volume of water.
Resource consents for these activities are also subject to a duration, meaning they expire within a certain timeframe. The longest this timeframe can be is 35 years, however often this time frame is reduced. In the example of a septic tank system, many modern systems are only guaranteed for 15 years. At that point council requires you to renew your consent so an investigation to ensure it is functioning correctly can be undertaken.
Section 20A of the RMA does not apply to land use activities or buildings which are established before a rule change comes into effect, and these activities have existing use rights under another part of the RMA.
Because you have always been allowed to carry out an activity, does not mean it is ok to continue, at least not without some consideration of the way the activity is carried out, and what best practice methods are available to achieve a better environmental outcome. When your council notifies a plan review or change make sure you check how a rule change might affect you to be sure you can carry out the activity the way you have always lawfully done.
Articles you might be interested in
- Indigenous Biodiversity: what does it mean for a farmer?
- Who Shapes our Planning Rules?
- Build-to-Rent Development in New Zealand: A Rising Trend in Housing
- Burning crop stubble on your property?
- Importance of Sediment Management in Land Development Projects: Simple Techniques for Effective Sediment Runoff Control
- How Tree Canopies Transform Neighbourhoods and Enhance Lives
- Rivers, Lakes and Coastline, Public Space for All
- Land Development opportunities and times of change
- State highways, noise and reverse sensitivity: what’s the buzz?
- Housing Intensification – Not for Everyone Says CCC
- Is planning the cause of red tape for land development?
- Managing Waterbodies on Your Property: What Landowners Need to Know
- Rural allotment sizes set to double in West Selwyn
- Wild Weather and Resource Consent Requirements
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- Understanding Zoning and Density Rules in Selwyn
- What does your zone mean for you and your property?
- Planning Rules can Affect Property Value
- Navigating Prior Engineering Acceptance for Urban Developments in Selwyn
- New Indigenous Biodiversity Legislation Mandates Significant Natural Area Identification
- How might Development Contributions affect you?
- Fundamental Culture Shift in New Zealand Planning Legislation.
- District Plan in Selwyn – How will it Affect You?
- Proposed Selwyn District Plan Update
- Hazardous activities, land contamination and resource consent applications
- Confused by Environmental Legislation? You are Not Alone.
- Councils are Increasing Residential Density, but why, who does it benefit?
- Planning land use to be resilient to natural hazards
- Change isn't coming, it's here!
- The Taking of Esplanades at the Time of Subdivision
- Our History - How We All Play a Part in its Protection
- How to navigate Rural Land Development Under the National Policy Statement on Highly Productive Soils
- Make Your Additional Land Profitable Under the Selwyn Proposed Plan
- Outstanding Natural Features and Landscapes - effect on farming
- Planning Permissions – Resource Consent or Plan Change?
- The rise or fall of rural lifestyle blocks in the Selwyn District?
- The Role of Planning in Land and Property Development
- Housing Growth continues in Selwyn with Legislative Support
- Is it a Wetland or Not?
- Buildings under exemptions may still need resource consent
- Time matters – With Resource Consent
- With increasing density, good design matters
- A Practical Guide for District Plan Reviews
- Game changers for housing under the RMA
- Crime Prevention Through Environment Design (CPTED)
- Commercial Activity in a Rural Zone – What’s the Harm?
- Spotlight on District Plan Provisions
- The Role of Planning in the Climate Change - Discussion for Agriculture
- Negotiating with Neighbours Under the RMA
- Time's up on the RMA
- Back to Basics for the RMA Reforms
- How lizards might affect your new development
- Cross lease titles - an overview
- What does The Selwyn District Plan (appeals version) mean for the planning process and consent?
- Selwyn District Council Changes Urban Allotment Sizes
- Proposed Selwyn District Plan - What next?
- Is the RMA really the problem?
- Submissions to a Resource Consent by Affected Parties
- The importance of knowing your boundaries
- Have your say on Development Projects
- The Great Forestry Debate
- Why we have complicated septic tank disposal rules
- Subdividing – The Basics
- Adapting to a Depreciating New Zealand Dollar (NZD)
- Going for housing growth, to improve housing affordability
- Tiny Home Revolution May Not Save Costs
- Cross Lease Titles
- Risks to farmland in the planning framework
- Flood Management – An Update
- Your Rights as an Affected Neighbour: Navigating Development Under the RMA
- RMA changes are coming, are you ready?
- Changes to Resource Management Planning Signalled in Proposed Legislation
- Minimum Car Parking Requirements to be Chopped
- Understanding Land Covenants: What You Need to Know
- The dream of subdividing your land
- The National Policy Statement for Natural Hazard Decision-Making and its effects on Resource Consents
- Managing Cultural Heritage Sites
- The costs of subdividing hitting Selwyn | development contributions
- Good District Plan provisions save time and money
- Balancing Common Sense and Legal Process under the RMA: Protecting Communities and the Environment
- What does an activity status mean for your land development?
- Boundary disputes – What are they and how can you resolve them?
- Navigating New Opportunities: The Importance of Land Development Planning in 2024
- Managing Wastewater in Rural Canterbury: A Guide for Property Owners
- Granny Flats to Be Allowed, Without Consent: What Homeowners Need to Know
- Minimum car parking requirements to be chopped
- Ensuring Compliance with Resource Management Laws
- A New Dawn for Granny Flats and Accessory Dwellings
- Historic Heritage Challenges for Landowners
- Flood Management | Changes in Selwyn
- The impact of consent notices when purchasing land
- Tiny Homes and Granny Flats
- A recent Baseline Group project was recognised at the 2022 Canterbury Architecture Awards
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- What to do when you inherit land
- Rural Allotment Sizes set to Double
- Who Pays for Infrastructure in Greenfield Land Development?
- What does a professional planner do?
- Crunch Time For New Freshwater Legislation