When you wish to build or use your land in a way that does not comply with the rules of the District Plan or the RMA, you need to obtain a Resource Consent.
The type of Consent you require will depend on what you want to do and how that activity is classified in the District Plan.
The Kaipara District Plan 2013 is an effects-based rather than a prescriptive plan and does not contain rules that explicitly require Consent for certain activities in particular locations. Rather the parameters of an activity are controlled via development standards.
When you look through the Plan, you will see that many activities are prescribed an activity status. You do not need Resource Consent for permitted activities if you comply with the relevant development standards. It is therefore important that you read the relevant parts of the District Plan before you make any changes to your property or start an activity likely to affect the environment or other people.
Activities that are not classified as permitted, or those which cannot comply with development standards will require an application for Resource Consent before they can be legally undertaken. Activities that are not permitted may be classified as Controlled, Restricted Discretionary, Discretionary, Non-Complying or Prohibited. The Council must grant a Resource Consent for a controlled activity, but can refuse to grant a Resource Consent for activities with other classifications.
- No Resource Consent required - Must comply in all respects with rules and development standards specified within the Plan. If it does comply the activity can be undertaken as of right.
- Yes, a Resource Consent is required - A Resource Consent application for a controlled activity must be assessed and conditions may be imposed in respect of those matters which the Council has specified in the District Plan. A controlled activity application generally cannot be refused.
Restricted discretionary activity
- Yes, a Resource Consent is required - Council has discretion to grant or decline a restricted discretionary application and Consent may be subject to conditions. However, the Council must restrict its discretion to a consideration of specific matters, which are stated in the Plan.
- Yes, a Resource Consent is required - Council has discretion to grant or decline the application pursuant to any matter described in s104 of the Act. Including the District Plan A consent may be subject to conditions.
- Yes, a Resource Consent is required - The Council shall not grant Consent to the application, unless it is satisfied that the granting of the Consent will not be contrary to the objectives and policies of the Plan or that the environmental effects will be minor, meeting the threshold tests outlined in section 104D of the RMA. A consent may be subject to conditions.
- No application is possible - Activities in this category are expressly prohibited by the Plan. No Resource Consent can be granted as per s105(2)(c) of the RMA. A Plan Change is needed to amend prohibited activity status.