Skip to main content

Submissions to a Resource Consent by Affected Parties

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.

Get in contact today

Articles you might be interested in

If you have a vision that involves the ground beneath your feet,
we can help make the most of your opportunity.

Get in touch