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Applying for Resource Consent

What you need to know

You need to ensure that you provide enough information for Planning Officers to consider your proposal. If they require further information, this can delay your application. In some cases, you will need to seek advice from a specialist such as a consultant planner, landscape architect, registered engineer, surveyor, traffic engineer or other such person.

You are required to submit a written assessment of environmental effects. Your assessment should detail any likely adverse effects of your proposal on the land or environment and how you might avoid, remedy or mitigate them. We expect that your assessment is in line with the scale of your project and you may provide any additional supporting information that you think is necessary for us to understand your proposal.

The application form includes a checklist of the relevant information you need to submit.

Please provide two copies of your resource consent application so that all Council officers involved in processing applications are able to assess your proposal.

You need to complete the application in full and sign it. An application for a Resource Consent must be made on Council's standard Resource Consent Form.

If you are making multiple resource consent applications in relation to the same project, lodge them all together. This will ensure all environmental effects are considered at one time and avoid delays in the application process.

To submit your application you can:

  • Bring your application and deposit fee to the Manchester Street Office and ask to speak with the Duty Planner.
  • Mail your application and deposit fee to:
    • Manawatu District Council
      Private Bag 10001
      Feilding

National Environmental Standard

National Environmental Standard (NES) is a regulation that applies nationally. This means that each Local Authority must enforce the same standard.  The regulations and requirements of the NES override the rules of a District Plan.

Activities covered by the NES include:

(i)

Removing or replacing a fuel storage tank

(ii)

Sampling soil

(iii)

Disturbing soil

(iv)

Subdividing land

(v)

Changing the land use

Land subject to the NES is described as an activity or industry that is being undertaken, has been undertaken or is more likely to have been undertaken on the site, described in the Hazardous Activities and Industries List (HAIL).

This means that if you are involved in any of the above activities on land subject to the NES through a building consent application or a subdivision application then you will be subject to the regulations of the NES and need to complete a National Environmental Standard Assessment Form (460KB pdf) .

You are advised to contact the Council for further information on whether you will be required to obtain a resource consent and/or preliminary/detailed site investigations.

You can also go to the Ministry for the Environment website  which contains a user guide for the NES and the latest HAIL list.

The Wasteminz website contains factsheets that have been developed to help property owners understand their responsibilities under the National Environment Standard for Assessing and Managing Contaminants in Soil to Protect Human Health regulations. These can be viewed on Contaminated Land Factsheets.

Affected Party Approval / Public Notification

When you apply for resource consent, a Planning Officer will determine if there are any parties deemed affected by your proposal and if the proposal needs to go through the public notification process. If your proposal goes through the public notification process, affected parties will be notified, a sign may be placed on the property for a period of time, and a public notice may appear in the newspaper. This will give people the opportunity to make a submission on your application. In most cases, the submission period is 20 working days.

If your proposal does not need to be publicly notified but there are affected parties, you are required to explain your proposal to that person(s) and get signed approval on a Notice of Written Approval (623KB pdf) and on a copy of the site plans. The Affected Party page explains the process.

Discussing a proposal with your neighbours and getting their written approval before you apply for a resource consent can reduce the time it takes for your application to be processed. It can be more time consuming for change a resource consent application once you have applied for it.

 How long will the consent take to be processed?

The Resource Management Act 1991 details the timeframes and procedures for determining resource consent applications. The time it takes for a resource consent application will vary depending on the complexity of the application, whether or not you have provided us with sufficient information, and staff workload. It would be wise to take this into consideration when you plan your development.

If your resource consent application is not put out to public notice, then Council must process it within 20 working days. If further information is required, the Council can extend this deadline. It can also extend processing times, if necessary. Generally, non-notified applications can be approved under delegated authority and do not need to go to a Council Hearing.

If your resource consent goes out for public notice, it will generally take up to 70 working days to process.

Notified applications take longer because hearings are usually convened. It can take between three and four months for a decision to be issued.

If you, as an applicant or submitter, are unhappy with the decision, you have a right of appeal to the Environment Court .

For notified applications the process is as follows:

  • During the public notification period, the application is available for public scrutiny at the Council office - Submission on a Publicly Notified Resource Consent Application (128KB pdf)
  • If no submissions are received, a decision is made on the application within 15 working days of the submission closure date
  • If submissions are received and the submitters wish to be heard, a hearing date is set within 25 working days of the final submission date
  • The hearing will be before either the Council's Hearings Committee or an independent commissioners appointed by the Council
  • A Notice of Decision must be issued within 15 working days of the hearing completion date

If you, as an applicant or submitter, are unhappy with the decision, you have a right of appeal to the Environment Court .

Issue of your Resource Consent

The Resource Consent may be granted to you with conditions that either mitigate or bring your application into line with the relevant District Plan rules.

The conditions are aimed at reducing potential effects and the protection and enhancement of the environment.

Conditions may include but are not confined to provision for:

  • Financial contribution/s
  • The entering into of a bond or bonds
  • The provision of on site car parking
  • Landscaping
  • The control of noise levels
  • Restrictions on the days and hours of operation
  • Notification of Council when specified works are completed

Council monitors the activity to ensure that it complies with these conditions.

Resource Consent Monitoring

Under the Resource Management Act 1991, the Council must monitor compliance with resource consent conditions and their impact on the environment.

If Council has granted a resource consent that is subject to conditions, then Council monitors the activity to ensure that it complies with these conditions.

You can assist by adhering to your consent conditions. Early consultation and liaison with Council's Monitoring and Enforcement Officer may avoid compliance problems.

Please note:

  • Not all consents will have conditions requiring monitoring
  • Resource consents needing monitoring will have an inspection
  • Costs may be incurred where additional site visits and inspections are necessary