By Anna Bensemann, Senior Planner, Baseline Group Marlborough | Apr 29, 2022
You have rights when it comes to deciding if you want to give your written approval to a project neighbouring your property.
As a landowner you may be approached by a neighbour to provide sign off on their project as it may affect you. They may want to set up a commercial activity that increases car movements on the road, or put a shed close to your boundary where it may shade your property. In any case, you have rights when it comes to deciding if you want to give your written approval (affected party approval) to a project.
As with any local government process there is paperwork involved. Usually, a Council form and copy of the resource consent application is provided. Sometimes, the consent application may have already been sent to Council, and Council have told the neighbour that you are potentially affected. You should always be provided a copy of the plans and written resource consent application when your approval is being sought. You might want to seek an expert’s opinion, such as a resource consent planner or your solicitor.
It is entirely your choice if you wish to provide written approvals or not. If you do, it tells the Council that either you’re not affected by your neighbour’s activity, or you are happy to live with any effects. When deciding on the application, Council is required to disregard any effect on your property if you have given written approval.
Written approvals cannot be conditional on the neighbour doing something they have not outlined they will do in the application for resource consent. For instance, you cannot write on the form that you give your approval, as long as your neighbour pays for the boundary fence. However, if you wish to negotiate a deal with your neighbour to carry out some works that benefit you, or ensure you are not adversely affected by their activity, we suggest either get a separate legal agreement is drawn up, or the neighbour amends their application to include the works before you sign off on the project.
If your neighbour has been told they have to get your approval, and you choose not to provide this, their application will be notified to you by Council and any other persons who were also identified and decided not to give written approval. This is called limited notification and gives you the opportunity to make a formal submission in opposition or support to the application to explain what the concerns are. If this progresses to a hearing, the neighbour will be required to pay for the costs of Council staff and decision makers at the hearing.
Negotiating with a neighbour can be a very stressful process. The written approvals system under the RMA enables you to choose if you are happy with the proposal or not, but only if you are considered an affected party. In any case, you are not obliged to sign off on an activity. The effect of not providing approvals is Council are obliged to give you the opportunity to make a submission, and must consider any adverse effects on you in making a decision.
Articles you might be interested in
- New Indigenous Biodiversity Legislation Mandates Significant Natural Area Identification
- Fundamental Culture Shift in New Zealand Planning Legislation.
- The National Policy Statement for Natural Hazard Decision-Making and its effects on Resource Consents
- What does The Selwyn District Plan (appeals version) mean for the planning process and consent?
- The importance of knowing your boundaries
- District Plan in Selwyn – How will it Affect You?
- Housing Intensification – Not for Everyone Says CCC
- Rural allotment sizes set to double in West Selwyn
- The Role of Planning in the Climate Change - Discussion for Agriculture
- Flood Management | Changes in Selwyn
- The Role of Planning in Land and Property Development
- Outstanding Natural Features and Landscapes - effect on farming
- The rise or fall of rural lifestyle blocks in the Selwyn District?
- Who Pays for Infrastructure in Greenfield Land Development?
- Changes to Resource Management Planning Signalled in Proposed Legislation
- Balancing Common Sense and Legal Process under the RMA: Protecting Communities and the Environment
- How to navigate Rural Land Development Under the National Policy Statement on Highly Productive Soils
- Burning crop stubble on your property?
- Planning Permissions – Resource Consent or Plan Change?
- Wild Weather and Resource Consent Requirements
- Managing Wastewater in Rural Canterbury: A Guide for Property Owners
- Is the RMA really the problem?
- A recent Baseline Group project was recognised at the 2022 Canterbury Architecture Awards
- Flood Management – An Update
- State highways, noise and reverse sensitivity: what’s the buzz?
- How might Development Contributions affect you?
- The dream of subdividing your land
- Make Your Additional Land Profitable Under the Selwyn Proposed Plan
- Crime Prevention Through Environment Design (CPTED)
- A Practical Guide for District Plan Reviews
- Land Development opportunities and times of change
- Our History - How We All Play a Part in its Protection
- Planning Rules can Affect Property Value
- Buildings under exemptions may still need resource consent
- Housing Growth continues in Selwyn with Legislative Support
- Proposed Selwyn District Plan - What next?
- Navigating New Opportunities: The Importance of Land Development Planning in 2024
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- Your Rights as an Affected Neighbour: Navigating Development Under the RMA
- Time matters – With Resource Consent
- Boundary disputes – What are they and how can you resolve them?
- The impact of consent notices when purchasing land
- What does a professional planner do?
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- Crunch Time For New Freshwater Legislation
- Cross lease titles - an overview
- Tiny Home Revolution May Not Save Costs
- Why we have complicated septic tank disposal rules
- Councils are Increasing Residential Density, but why, who does it benefit?
- Selwyn District Council Changes Urban Allotment Sizes
- Who Shapes our Planning Rules?
- What to do when you inherit land
- Rivers, Lakes and Coastline, Public Space for All
- Hazardous activities, land contamination and resource consent applications
- Rural Allotment Sizes set to Double
- Managing Cultural Heritage Sites
- Commercial Activity in a Rural Zone – What’s the Harm?
- Confused by Environmental Legislation? You are Not Alone.
- Planning land use to be resilient to natural hazards
- Is it a Wetland or Not?
- RMA changes are coming, are you ready?
- Change isn't coming, it's here!
- What does an activity status mean for your land development?
- How Tree Canopies Transform Neighbourhoods and Enhance Lives
- The costs of subdividing hitting Selwyn | development contributions
- Historic Heritage Challenges for Landowners
- Indigenous Biodiversity: what does it mean for a farmer?
- The Great Forestry Debate
- Minimum Car Parking Requirements to be Chopped
- Minimum car parking requirements to be chopped
- With increasing density, good design matters
- Risks to farmland in the planning framework
- Have your say on Development Projects
- How lizards might affect your new development
- Time's up on the RMA
- But that’s the way we have always done it!
- Good District Plan provisions save time and money
- Importance of Sediment Management in Land Development Projects: Simple Techniques for Effective Sediment Runoff Control
- Spotlight on District Plan Provisions
- Game changers for housing under the RMA
- Proposed Selwyn District Plan Update