By Anna Bensemann, Senior Planner Baseline Group Marlborough, Ph:0800 254 123 E:info@blg.nz | Dec 08, 2023
The right of access to and along the margins of rivers, lakes and the coastline by the public, is embedded in the Resource Management Act (RMA). District and Regional Councils are encouraged to provide and promote general public access to these spaces, for the amenity and wellbeing of all of our communities.
There is tension when an individual seeks to have sole occupancy of parts of this space for structures like boatsheds, jetties or whitebait stands, with the potential to create conflict between these users and the wider public. Further conflict can occur where erosion protection structures such as rip rap rock, or groynes are installed to protect private land from flooding or adverse weather, and this also restricts access to and along waterbodies.
Where individuals wish to have sole occupation of these public spaces, a resource consent is usually required to examine how much of the public space is sought to be occupied, the methods of construction and if use of the space is acceptable. In the case of jetties, often these are granted on the basis the presence of the structure does not restrict use by the wider public, although the owner remains responsible for the safety and maintenance of the jetties.
For people seeking to occupy public space the process of seeking a resource consent may seem onerous and is likely to include public notification of the application. For the wider public however, the removal of an inherent right of access to and along the margins of a waterbody has the potential to reduce the public enjoyment of these spaces, and the wider sense of community wellbeing by restricting access.
Without the process of notification, access to a waterbody might be restricted in a manner which decision makers were not aware would impact parts of the community. The process of public notification enables those who utilise the space currently to have their say on the impact to them. In many cases the occupancy of public space is unlikely to impact anyone, in which case the notification process may conclude with no submissions received.
However, there are cases where access may be restricted through a proposed occupation of public space which is not otherwise known to decision makers. This might include the use of a river a good fishing spot and a new structure preventing access to this spot. The submission process enables those users to express their concerns and often times leads to changes to the design or construction of structures in a manner which reduces the impact, or completely avoids it. This can result in a better outcome, ensuring the right of access is not diminished, and in some cases is enhanced.
For applicants, understanding use of public space is a privilege and not a right, enables practical solutions to ensure the best possible outcome is achieved for both the applicant and the wider public.
Articles you might be interested in
- Hazardous activities, land contamination and resource consent applications
- Ensuring Compliance with Resource Management Laws
- Back to Basics for the RMA Reforms
- Planning land use to be resilient to natural hazards
- Who Pays for Infrastructure in Greenfield Land Development?
- Navigating New Opportunities: The Importance of Land Development Planning in 2024
- Importance of Sediment Management in Land Development Projects: Simple Techniques for Effective Sediment Runoff Control
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- Risks to farmland in the planning framework
- The rise or fall of rural lifestyle blocks in the Selwyn District?
- Boundary disputes – What are they and how can you resolve them?
- Tiny Home Revolution May Not Save Costs
- Subdividing – The Basics
- The Great Forestry Debate
- Good District Plan provisions save time and money
- Time's up on the RMA
- Fundamental Culture Shift in New Zealand Planning Legislation.
- How might Development Contributions affect you?
- How to navigate Rural Land Development Under the National Policy Statement on Highly Productive Soils
- Wild Weather and Resource Consent Requirements
- Understanding Zoning and Density Rules in Selwyn
- A recent Baseline Group project was recognised at the 2022 Canterbury Architecture Awards
- Crunch Time For New Freshwater Legislation
- Change isn't coming, it's here!
- Proposed Selwyn District Plan - What next?
- Commercial Activity in a Rural Zone – What’s the Harm?
- Selwyn District Council Changes Urban Allotment Sizes
- Flood Management – An Update
- Buildings under exemptions may still need resource consent
- Make Your Additional Land Profitable Under the Selwyn Proposed Plan
- Proposed Selwyn District Plan Update
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- District Plan in Selwyn – How will it Affect You?
- New Indigenous Biodiversity Legislation Mandates Significant Natural Area Identification
- Indigenous Biodiversity: what does it mean for a farmer?
- Is the RMA really the problem?
- Historic Heritage Challenges for Landowners
- Rural Allotment Sizes set to Double
- What does your zone mean for you and your property?
- Flood Management | Changes in Selwyn
- The Taking of Esplanades at the Time of Subdivision
- Changes to Resource Management Planning Signalled in Proposed Legislation
- Minimum Car Parking Requirements to be Chopped
- How Tree Canopies Transform Neighbourhoods and Enhance Lives
- The impact of consent notices when purchasing land
- What does an activity status mean for your land development?
- Managing Cultural Heritage Sites
- Planning Permissions – Resource Consent or Plan Change?
- Housing Intensification – Not for Everyone Says CCC
- Crime Prevention Through Environment Design (CPTED)
- RMA changes are coming, are you ready?
- Why we have complicated septic tank disposal rules
- Time matters – With Resource Consent
- Our History - How We All Play a Part in its Protection
- Rural allotment sizes set to double in West Selwyn
- But that’s the way we have always done it!
- The Role of Planning in Land and Property Development
- Councils are Increasing Residential Density, but why, who does it benefit?
- A New Dawn for Granny Flats and Accessory Dwellings
- Cross Lease Titles
- Cross lease titles - an overview
- Land Development opportunities and times of change
- Who Shapes our Planning Rules?
- Submissions to a Resource Consent by Affected Parties
- What does The Selwyn District Plan (appeals version) mean for the planning process and consent?
- The importance of knowing your boundaries
- With increasing density, good design matters
- Is it a Wetland or Not?
- Housing Growth continues in Selwyn with Legislative Support
- The National Policy Statement for Natural Hazard Decision-Making and its effects on Resource Consents
- Balancing Common Sense and Legal Process under the RMA: Protecting Communities and the Environment
- State highways, noise and reverse sensitivity: what’s the buzz?
- Burning crop stubble on your property?
- A Practical Guide for District Plan Reviews
- Your Rights as an Affected Neighbour: Navigating Development Under the RMA
- Confused by Environmental Legislation? You are Not Alone.
- The costs of subdividing hitting Selwyn | development contributions
- Planning Rules can Affect Property Value
- What to do when you inherit land
- Outstanding Natural Features and Landscapes - effect on farming
- The dream of subdividing your land
- Going for housing growth, to improve housing affordability
- What does a professional planner do?
- Build-to-Rent Development in New Zealand: A Rising Trend in Housing
- Have your say on Development Projects
- Game changers for housing under the RMA
- Negotiating with Neighbours Under the RMA
- Minimum car parking requirements to be chopped
- Managing Wastewater in Rural Canterbury: A Guide for Property Owners
- How lizards might affect your new development
- The Role of Planning in the Climate Change - Discussion for Agriculture
- Spotlight on District Plan Provisions