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Planning and Resource ConsentsTono whakaaetanga rawa taiao

You might have heard of the requirement to get a resource consent under the RMA. This means that you want to do something that your District Plan doesn't allow as of right. Or, in the case of a Regional Plan, the plan will tell you when you need to get a resource consent. When you apply for a resource consent you must give the council an assessment of the environment effects your project may have.

Resource Consents

Applicants please note that a user pay system will be applied to all resource consent applications.

Applicants will be charged for the full processing time and expert input into all resource consents.

The move towards recovering these costs will ensure that the true cost of issuing a resource consent will be covered by the applicant and reduces the reliance on ratepayer funding for this service.

Sometimes the Council will publicly notify a resource consent application. When this happens, anybody can make a submission. The council will consider all the submissions that it receives, together with the application and make a decision whether or not to grant the resource consent. To publicly notify a resource consent application the council puts an ad in the newspaper and a sign on the proposed site. More information about submissions can be found here

You might have heard of the requirement to get a resource consent under the RMA. This means that you want to do something that your District Plan doesn't allow as of right. Or, in the case of a Regional Plan, the plan will tell you when you need to get a resource consent. When you apply for a resource consent you must give the council an assessment of the environment effects your project may have.

If you are thinking about buying some land or a business, building, or subdividing land you might need to get a resource consent so it's a good idea to talk to your local city or district council first. Council staff can help you look through the relevant plans and work out whether you'll need a resource consent. If you do, then the council should also explain how to go about talking with people who might be affected by your project and preparing an assessment of environmental effects. They might also tell you to visit the Regional Council.

The council can process your consent with or without the general public being involved. Proposals that might have an effect on the environment that is "more than minor", or may adversely affect someone who hasn't given their approval are publicly notified. In reality, most resource consent applications are not publicly notified. Council staff will tell you whether or not your application will be publicly notified. Anyone can make a submission on applications that have been publicly notified and a public hearing is usually held to give applicants and submitters a chance to speak. Informal pre-hearing meetings may also be held. If you need consents from both a District or City and Regional Council the two Councils will probably decide to hear the applications together.

Councils are expected to process non-notified consent applications in less than a month and publicly notified applications in about three and a half months.

You can help to make sure your consent application is processed quickly if you:

  • Talk to the Council staff early on about what you want to do
  • Talk to people who you or the Council thinks might be affected by your proposal
  • Give the Council a well prepared assessment of the environmental effects
  • Respond quickly to requests for further information

Councils can decide to either grant or decline a resource consent. Usually when the council grant consents they also put some conditions on it. The council will also probably check that what you are doing is in line with your resource consent. This could mean that a council officer will visit the site, take some measurements or require you to monitor the activity. Councils also decide how long to grant resource consent for. Some consents (like subdivision) last forever, while others might only last a couple of years (for example a permit to take water from a river).

Councils will normally charge you an administration fee for considering your application, and they may also charge for monitoring.

If you're thinking about buying land or buildings it's worth asking the local city or district council for a Land Information Memorandum. This report will tell you what information the council has about that piece of land, including what the land can be used for under the district plan rules. If you want to check that an activity is okay under the council's plan you can ask the council for a certificate of compliance.

If you're doing something that requires a building consent, before your start building you can get a Project Information Memorandum which will also tell you if you need to apply for a resource consent.

Sonya and Malcolm want to build a home for themselves and a three storey bed and breakfast in a bay surrounded by native bush, which includes a row of Pohutukawa trees along the beach. The only access to the bay is by private gravel driveway. The district plan says that land they want to build on has "high conservation values"

The Plan also says that while a one-storey building is okay, a three storey B&B is not. This is because it will affect the visual amenity of the landscape.

Sonya and Malcolm talk to the district council and find out that they'll need resource consent to building the B&B. The Council says they'll need to fill out an application form and complete an assessment of environmental effects to support their application. The assessment they give the council includes detailed plans of the development and shows how the buildings will be designed.

The district council publicly notifies the resource consent application and gets 20 submissions from a range of people worried about how the buildings will affect the landscape.

The district council holds a pre-hearing meeting. Sonya, Malcolm, their architect and the submitters all turn up. The submitters say they'd be happy if Sonya, Malcolm and the council guarantee that the B&B wouldn't be too visible from the other side of the Bay and that the plans include landscaping to hide the buildings from view. The meeting goes well and everybody agrees that a formal hearing won't be necessary.

The council grants consent, but adds a few conditions to it:

  • Sonya and Malcolm need to make sure that the buildings are designed, located and painted in accordance with the design plans.
  • Some extra planting and landscaping is carried out and the pohutukawa trees are not harmed in any way.

 So while Sonya and Malcolm had to go back to the drawing board to change things a little everyone is happy that their concerns have been addressed and Sonya and Malcolm still get their house and bed and breakfast.

Reality Check

Sometimes things don't work out quite like this. For example, some submitters might decide to appeal the council's decision to grant resource consent. This would mean Sonya and Malcolm and the council would also have to go to the Environment Court to defend the decision made by the council.

Did you Know

About 48,000 resource consents are processed every year. On average only one percent of all decisions made on resource consent applications are appealed to the Environment Court.

On average five percent of all resource consent applications are publicly notified.

You might need a resource consent to carry out an activity, so talk to the council before you begin your project.

Resource consents can be processed by the council with or without public notification.

You can view a workflow diagram of the Resource Consent process here

You can view current Fees and Charges here

Public Notifications of Resource Consent Applications

Publicly Notified Resource Consent Application   #punawaitairoad

Central Hawke’s Bay District Council has received an application from Paoanui Point Ltd for a resource consent to subdivide the property at 25 Punawaitai Road, Pourerere Beach (being Lot 1 DP 571994 & Lot 7 DP 571994; Lot 22 DP 571994 & Lot 2 DP 564721) into:

  • 48 allotments suitable for residential development plus balance lot
  • 3 lots for shared open space
  • 1 lot for stormwater detention and treatment
  • 2 lots for shared access

 A copy of the full public notice and application documents are included below:

RM 220003 - Full Public Notice

Making a Submission

Any person or party may make a submission on the application. Submissions must be received by 4pm, 20 October 2022.

Submissions must be in writing and may be:

•       Delivered to the Customer Service Desk, Central Hawke’s Bay District Council

•       Posted to Central Hawke’s Bay District Council, P O Box 127 Waipawa 4240

•       Emailed to info@chbdc.govt.nz (put ‘Paoanui Point’ in the subject line).

All submissions must be must be in Form 13 of the RMA. A link to the submission is included here(Submission on application for resource consent). Further documents can be attached to the submission.

Enquiries about the resource consent or submission process can be made to CHBDC Planners at (06 857 8060 or via customerservice@chbdc.govt.nz)

 

S92 response received 18 August 2022. Please see application and supporting documentation below:

RM 220003 - s92 Further Information Request Letter

RM 220003 - Response to Further information Request Letter

RM 220003 - 224 Application

RM 220003 - Evidence in Support of Application for Section 224 Certificate

RM 220003 - TA approvals Section 224

RM 220003 - Title Plan

RM 220003 - Record of Title 1037977

RM 220003 - Record of Title 1037998

RM 220003 - Land Covenant

RM 220003 - Registered Rules of Paoanui Management Society Incorporated

RM 220003 - Response to Questions 2, 15 and 16 of Further Information Request

RM 220003 - Fraser Thomas Engineers Answers to Further Information

RM 220003 - Fraser Thomas Engineers Onsite Wastewater Treatment and Disposal Report

RM 220003 - Written approval 20210514

RM 220003 - Written approval 20210816

RM 220003 - Response to Question 12

RM 220003 - HBRC Natural Wetlands

RM 220003 - Letter to HBRC RE Wetland Delineation

RM 220003 - Response to Question 13

RM 220003 - Wetlands Inventory Information

RM 220003 - Amendments to AEE

RM 220003 - LDE Revised Report

RM 220003 - Pourerere Landscape Assessment 20220805

RM 220003 - Plans

 

A resource consent application was received from James Bridge on 23/12/21 for a rural lifestyle subdivision located at the end of Punawaitai Rd, Pourerere. The proposal is to create 48 rural lots as an extension of the current resource RM180160A for 22 rural lifestyle sections.

The resource consent application is in the very early stage of processing with technical peer reviews now in progress. A s92 request for further information will follow these technical and engineering lead reviews.  While there may be an expectation of community consultation, Council in its function under the Resource Management Act 1991 is not able to pick and choose what it notifies for public consultation. The Act and the current Operative District Plan sets those things out. Our team are working through the normal processing approach and will not be in a position to ascertain whether there are grounds or not for public notification until all outstanding information requirements are received and reviewed. Council will work with the developer to obtain the information necessary to complete a thorough assessment of the application.

For clarification, a resource consent has not been granted – the application is in the very early stages of assessment.

We appreciate and recognise there is high community interest with this potential subdivision being one of a number of potential subdivisions that Council is currently processing.

Please see application and supporting documentation below:

RM 220003 - Assessment of Effects on the Environment

RM 220003 - District Plan Assessment

RM 220003 - Drawings

RM 220003 - Hazard Report

RM 220003 - Infrastructure Report

RM 220003 - Landscape Assessment

RM 220003 - PDP Objectives and Policies

RM 220003 - Site Plans

RM 220003 - Subdivision Plan

RM 220003 - Traffic Impact Assessment

RM 220003 -  Written Approval

Resource Consents Applications of Public Interest 

Central Hawke's Bay District Council has received a resource consent application for a 2-lot subdivision.

Lot 1 will be 54.277 ha and Lot 2 will be approximately 57.633 ha in size.

Details of the application are included below:

Consent was granted on 6 July 2022. See supporting documents below.

RM 220083 Decision

RM 220083 Appendix A Site Development Plans

RM 220083 Appendix B Landscape and Visual Effects Assessment

RM 220083 Appendix C SkySolar Landscape Peer Review

 

A resource consent application RM220083 for the establishment and operation of a solar electricity generation farm at 189 Plantation Rd, Ongaonga was received from Skysolar Ltd on 6/5/22.

The application is in the very early stages of review and has not been granted. Our team are working through the normal processing approach and are yet to assess if there are grounds or not for notification. 

As the process progresses, further information will be added to this section. The application and associated documentation are below:

RM 220083 Assessment of Effects on the Environment

RM 220083 Mana whenua consultation

RM 220083 Landscape and Visual Effects Assessment

RM 220083 Site Development Plans

RM 220083 Combined Affected Persons Consent Forms

RM 220083 Combined Records of Title

Updated 1 September, 2022

A letter proposing to resolve the appeal has been issued to Matthew Lawson. See supporting document below:

RM 210103 Letter to Matthew Lawson 20220830

 

Updated 2 August, 2022

Notice of Appeal received and distributed to all submitters by Matthew Lawson 1st August 2022. Environment Court Acknowledgement Letter received 1st August 2022. See supporting documents below:

RM 210103 Notice of Appeal 20220801

RM 210103 Acknowledgement Letter - Ellmers v CHBDC 20220801

 

Updated 14 July, 2022 

Springhill Farm Subdivision and NESCS Consent Decision dated and distributed to all affected parties 13th July 2022. See supporting documents below:

RM 210103 Springhill Farm Subdivision and NESCS Consent Decision 20220713

 

Updated 27 June, 2022

A Section 37 extension has been approved to Friday 15th July 2022. All affected parties have been notified by email on 27th June 2022.

 

Updated 7 June, 2022

The closing letter from Eileen Von Dadelszen has been distributed to all parties. A decision is expected to be reached with the next few weeks. See supporting document below:

RM 210103 Eileen Von Dadelszen Closing letter 20220607

 

Updated 3 June, 2022

Applicant’s Right of Reply distributed to all parties Thursday 2nd June”. See supporting Document below:

RM 210103 Applicant's Right of Reply 20220601

 

View the recorded RMA Submissions Hearing for Springhill Farm Holdings here

 

An independent planner on behalf of Central Hawke's Bay Council is currently reviewing the consent and in time will determine the nature of any notification, if any, of the Resource Consent Application for Land Use - Te Mata Mushrooms Company Ltd - 302, 367 and 464 Mt Herbert Road, Waipukurau

 

18 June, 2021 Update

RM 200204 Te Mata Mushrooms Company composting facility proposal - Application withdrawn

13 May, 2021 Update

19 April, 2021 Update

Extension granted until 30 April 2021 - odour information. Building area.

15 April, 2021 Update

Extension granted until 19 April 2021 – odour information. Notification decision expected by 23 April 2021.

15 February, 2021 Update

3 week extension requested of S92 information. Granted by HBRC/CHBDC. Now due: 5 March, 2021

The Central Hawkes Bay District Council has received a resource consent application for a proposed supermarket at 16A Takapau Road & 7 James Street, Waipukurau. The proposal includes construction and operation of a new supermarket along with ancillary car parking, loading, access, servicing, fencing and landscaping; site works to accommodate construction of the store – such works include cut and fill earthworks and construction of a new vehicle crossing on Takapau Road and use of the existing crossing on James Street. Subdivision is also proposed.

The Central Hawkes Bay District Council has not issued a decision on this consent yet and is still undergoing due process. For further information please contact the applicant’s agent on kay@formeplanning.co.nz.

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