If your application is likely to affect the wider environment, including the public, or your neighbours, you will need to follow the process for a notified resource consent.
There are two types of notified resource consents:
- public notification
- limited notification.
The Council planner may decide when assessing an application that a resource consent application adversely affects the wider environment or community to a ‘more than minor’ extent, or the applicant may even request that their proposal is processed as a publicly notified consent.
The public notification process requires us to publicly advertise the application in the newspaper and on our website, and to inform neighbours. Any interested parties may lodge a submission in support or opposition of the application. Publicly notified resource consents make the details of the application publicly available so that other people and parties can have their say.
When assessing a resource consent application, the Council planner may consider that certain persons/parties are affected by the proposal. If an applicant has not provided written approval from these persons/parties, then the planner will decide that the application needs to be processed as a limited notified consent.
The limited notification process requires us to notify only affected parties, as identified by us. Only these parties may lodge submissions supporting or opposing the application.
Notified resource consents process
There are different processes to follow:
- if your proposal needs to be notified;
- if you would like to make a submission on a publicly notified consent;
- if you would like to make a submission because you’re considered an affected person.
The Ministry for the Environment (MfE) has useful information available:
- the resource consence process for notified or limited notified applications
- your rights as an 'affected person'
- how to make a submission about a resource consent application.
Making a submission
There is a 20 working day period following notification for written submissions to be sent to the Council. Make sure you complete the submission form in full and include your contact details, especially if you wish to speak at the hearing. Please remember that for 'limited notified' applications we can only accept your submission if you have been identified as an affected person.
If either an applicant or a submitter wishes to be heard, or the Council thinks it is necessary, a hearing will need to be held to make a decision on the application.
How long does it take?
There are timeframes we must follow to meet Resource Management Act (RMA) requirements.
From when submissions close until a decision is issued;
- a limited notified application takes 60 days
- a publicly notified application takes 90 days.
An applicant does have the ability to suspend the processing during this time and this will extend the time taken to reach a decision.
What happens if I disagree with the decision?
For the majority of resource consent decisions, if you don’t like, or disagree with, the decision and you were the applicant or a submitter, you have 15 working days to make an appeal to the Environment Court.
However, there is no right of appeal against any decision that relates to:
(a) a boundary activity, unless the boundary activity is a non-complying activity:
(b) a subdivision, unless the subdivision is a non-complying activity:
(c) a residential activity as defined in section 95A(6), unless the residential activity is a non-complying activity.
Your guide to the Environment Court explains how this works.