By Anna Bensemann, Senior Planner, Baseline Group, Ph 0800 254 123 E: info@blg.nz | Oct 22, 2024
Resource consents are an application seeking permission to do something which does not perfectly fit the permitted activity standards for the area in which it is located. This may be a commercial activity in an urban zone, or it may be the subdivision of land to create smaller than anticipated allotments. As part of processing resource consents, council planners are required to consider who might be an affected party. Based on the scale of the effects, and the nature of adjoining land (i.e. residential vs industrial land), then immediately adjoining neighbours are often considered as affected.
For the applicant making a resource consent application, this means they either obtain the written approval from this neighbour, or they ask the council to limited notify the identified affected parties. Limited notification simply means the council will only consider submissions from those people they have identified as affected. Council will send affected parties a letter to notify them they can make a submission and will give those parties 20 working days to make a formal submission.
A submission made by someone who doesn’t want an activity next door because they run the same activity and will be impacted by the competition is known as a trade competitor. Submissions from trade competitors are unlikely to be given much credit by the council decision-maker, as it is not up to the council to determine if competing businesses should co-exist.
However, a submission which raises genuine concerns about the effects of a proposed activity will have credibility in the decision-making process. Submitters can raise whatever issues they see fit; however decision-makers are only able to consider matters that relate to adverse effects on the environment arising specifically from the application. As such, often concerns around an applicant’s intentions in the future, or about the honesty of the applicant cannot be considered by decision-makers.
Submission points that might be considered by council could include some of the following matters: the level of traffic the activity generated, and if the road environment will continue to operate in a safe manner, the level of noise generated from the activity and the effect this will have on the health of neighbours and their ability to enjoy their own properties (amenity) or the effect the change will have on the intended character of the area as described by its zone (residential, business, rural etc.).
Resource consent applications where affected parties are identified can face a number of challenges. In all cases, it is best to try and negotiate an outcome where parties’ concerns are resolved. However, where this is unable to occur, it may be necessary for affected parties to make a submission setting out their concerns and let the decision-makers determine the best course of action. A planning expert can assist with understanding the rights and roles of each party in a resource consent hearing process.
Articles you might be interested in
- Understanding Zoning and Density Rules in Selwyn
- Have your say on Development Projects
- New Indigenous Biodiversity Legislation Mandates Significant Natural Area Identification
- A New Dawn for Granny Flats and Accessory Dwellings
- Adapting to a Depreciating New Zealand Dollar (NZD)
- What to do when you inherit land
- With increasing density, good design matters
- How Tree Canopies Transform Neighbourhoods and Enhance Lives
- Rivers, Lakes and Coastline, Public Space for All
- Indigenous Biodiversity: what does it mean for a farmer?
- The rise or fall of rural lifestyle blocks in the Selwyn District?
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- The Taking of Esplanades at the Time of Subdivision
- Granny Flats to Be Allowed, Without Consent: What Homeowners Need to Know
- Time matters – With Resource Consent
- The costs of subdividing hitting Selwyn | development contributions
- Burning crop stubble on your property?
- Proposed Selwyn District Plan - What next?
- Rural allotment sizes set to double in West Selwyn
- Confused by Environmental Legislation? You are Not Alone.
- Spotlight on District Plan Provisions
- Housing Intensification – Not for Everyone Says CCC
- Planning land use to be resilient to natural hazards
- Flood Management | Changes in Selwyn
- State highways, noise and reverse sensitivity: what’s the buzz?
- How lizards might affect your new development
- Cross lease titles - an overview
- Ensuring Compliance with Resource Management Laws
- Proposed Selwyn District Plan Update
- District Plan in Selwyn – How will it Affect You?
- Historic Heritage Challenges for Landowners
- The Role of Planning in Land and Property Development
- Hazardous activities, land contamination and resource consent applications
- Minimum Car Parking Requirements to be Chopped
- Boundary disputes – What are they and how can you resolve them?
- Our History - How We All Play a Part in its Protection
- Back to Basics for the RMA Reforms
- Time's up on the RMA
- What does your zone mean for you and your property?
- The National Policy Statement for Natural Hazard Decision-Making and its effects on Resource Consents
- Changes to Resource Management Planning Signalled in Proposed Legislation
- Fundamental Culture Shift in New Zealand Planning Legislation.
- Your Rights as an Affected Neighbour: Navigating Development Under the RMA
- Housing Growth continues in Selwyn with Legislative Support
- Why we have complicated septic tank disposal rules
- What does a professional planner do?
- Crunch Time For New Freshwater Legislation
- But that’s the way we have always done it!
- Change isn't coming, it's here!
- Tiny Home Revolution May Not Save Costs
- Going for housing growth, to improve housing affordability
- Selwyn District Council Changes Urban Allotment Sizes
- Negotiating with Neighbours Under the RMA
- Managing Cultural Heritage Sites
- A recent Baseline Group project was recognised at the 2022 Canterbury Architecture Awards
- Minimum car parking requirements to be chopped
- Planning Rules can Affect Property Value
- Buildings under exemptions may still need resource consent
- How to navigate Rural Land Development Under the National Policy Statement on Highly Productive Soils
- The dream of subdividing your land
- Balancing Common Sense and Legal Process under the RMA: Protecting Communities and the Environment
- Who Pays for Infrastructure in Greenfield Land Development?
- Is planning the cause of red tape for land development?
- Importance of Sediment Management in Land Development Projects: Simple Techniques for Effective Sediment Runoff Control
- Understanding Land Covenants: What You Need to Know
- Rural Allotment Sizes set to Double
- Tiny Homes and Granny Flats
- RMA changes are coming, are you ready?
- Risks to farmland in the planning framework
- Wild Weather and Resource Consent Requirements
- Land Development opportunities and times of change
- The Great Forestry Debate
- The impact of consent notices when purchasing land
- Navigating New Opportunities: The Importance of Land Development Planning in 2024
- Navigating Prior Engineering Acceptance for Urban Developments in Selwyn
- Build-to-Rent Development in New Zealand: A Rising Trend in Housing
- Outstanding Natural Features and Landscapes - effect on farming
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- Councils are Increasing Residential Density, but why, who does it benefit?
- Good District Plan provisions save time and money
- What does an activity status mean for your land development?
- The importance of knowing your boundaries
- Subdividing – The Basics
- Managing Waterbodies on Your Property: What Landowners Need to Know
- A Practical Guide for District Plan Reviews
- Cross Lease Titles
- Make Your Additional Land Profitable Under the Selwyn Proposed Plan
- Crime Prevention Through Environment Design (CPTED)
- Commercial Activity in a Rural Zone – What’s the Harm?
- Is it a Wetland or Not?
- The Role of Planning in the Climate Change - Discussion for Agriculture
- Game changers for housing under the RMA
- How might Development Contributions affect you?
- What does The Selwyn District Plan (appeals version) mean for the planning process and consent?
- Flood Management – An Update
- Who Shapes our Planning Rules?
- Is the RMA really the problem?
- Managing Wastewater in Rural Canterbury: A Guide for Property Owners
- Planning Permissions – Resource Consent or Plan Change?