Processing your resource consent application
Once we've received your resource consent application and matched it with your payment, how we process it depends on why the resource consent is needed and whether it needs to be notified.
Here's a brief outline of the process Horowhenua District Council follows for Land Use and Subdivision consents:
- one of our Planners will check the application to ensure it's complete within 10 working days - if it's not complete, it won't be processed and will be returned to you along with the reasons why
- if the application is complete, you'll receive a letter by email advising that your application has been accepted for processing
- it will then be assessed by one of our Planners - this may include input from other Council departments, eg our engineers, and a site visit
- we may formally request further information, resulting in your application being placed on hold
- a notification decision is made within 20 working days (excluding time the application has spent on hold for further information). If your application needs to be notified (notified consent) we'll advise you prior to notifying the application. This will give you a chance to consult with affected parties or amend or withdraw the application
- if your application is non-notified, the decision will be made whether to grant or refuse consent. As the applicant, you can appeal or object to the decision or conditions.
What's a working day?
Under the Resource Management Act 1991 (RMA), a working day means any day except for a weekend day, public holiday, and those days between 20 December and 10 January.
Timeframes for processing resource consents
The timeframes depend on how complex your application is and whether you've provided all the information we need.
Non-notified consents
Under the Resource Management Act 1991 (RMA) Council must process a non-notified resource consent application for either Land Use or Subdivision consents within 20 working days.
If further information is required, or to give you time to consult with affected parties, your application will be placed on hold. We can also extend this timeframe if special circumstances apply or you agree to the extension.
Notified consents
We process almost all of our resource consents without needing to notify the public. However, if your project is likely to have adverse effects on the environment, we will:
- notify to all those parties that are considered affected (limited notification); or
- notify the public generally (Public Notification).
Notified applications take longer to process, as people have the opportunity to make submissions on the proposal and a hearing is often required. Under the RMA we're required to decide whether the application will be notified within 20 working days, although this timeframe can be altered under the circumstances detailed above.
If a decision has been made to notify the application:
- the application will be notified to the general public and/or the affected parties; and will be open for submissions
- after submissions close, a hearing may be held and/or further information may be required
- a decision will be made by an independent commissioner whether to grant or refuse consent
- applicants or submitters may appeal the decision to the Environment Court.
Timeframes for limited notified consents (notification to identified people or groups only) and publicly notified consents are different.
Limited notified consents
If your proposal will have either minor or more than minor adverse effects (the negative effects arising from your proposal) on specific people, including certain groups, we must formally notify them unless they've provided written approval.
The people or parties we find affected then have the opportunity to make a submission either for or against the proposal, and a hearing will often be required. This increases the time and cost involved in processing the application.
Some examples of people or groups who may be found affected include:
- adjoining or opposite neighbours
- Iwi
- Heritage New Zealand
- the Department of Conservation.
Timeframes for limited notified consents
The following timeframes apply to limited notified resource consents:
- a Notification decision made within 20 working days of the application being lodged
- submissions period of 20 working days following date of notification
- if the submitter or applicant requests a hearing, or if Council considers a hearing necessary, the hearing must be held within 45 working days of the close of submissions - further information may be requested again following the close of submissions, which would place the application on hold
- the decision on your resource consent application must be issued within 15 working days of the hearing (total timeframe from start to finish of 100 working days)
- if no hearing is required, the decision must be issued within 20 working days of the close of submissions (60 working days).
Publicly notified consents
If adverse effects on the wider environment are more than minor, Council must publicly notify your application unless:
- the application is for a residential activity; or
- the application is for a Controlled, Restricted Discretionary, or Discretionary subdivision.
Despite the above, Council can still publicly notify the application if there are special circumstances, or if you request notification. Public notification means any person or group may submit in support or opposition of your application.
Timeframes for publicly notified consents
The following timeframes apply to publicly notified resource consents:
- notification decision made within 20 working days of the application being lodged
- submissions period lasts for 20 working days following the date of notification
- if the submitter or applicant requests a hearing, or if Council considers a hearing necessary, the hearing must be held within 75 working days of the close of submissions - further information may be requested again following the close of submissions, which would place the application on hold
- the decision must be issued within 15 working days of the hearing (total timeframe from start to finish of 130 working days).
The Decision on your Resource Consent application
The decision on whether your resource consent has been granted or declined will be sent to the postal or email address you've provided on the application. You'll also be invoiced for any processing costs in excess of the deposit paid.
If the resource consent is granted it may be granted with conditions that avoid, remedy, or mitigate adverse effects associated with your activity, or to ensure the activity proceeds in accordance with the details provided in the application.
Some examples are:
- entering into a bond or bonds for works required
- the provision of onsite car parking or landscaping
- maximum noise levels
- restrictions on the days and hours of operation
- formation of entranceways to Council standards
- connection to services and disposal of stormwater onsite.