Written approval of affected persons
This information applies to resource consent applications for land use and subdivision.
If you think neighbours or other parties will be affected by your proposed activity, it's advisable to obtain written approval from them prior to lodging your application. If you're able to get written approval from all affected people, this will result in time and cost savings in processing your application.
Engaging with affected parties
Seeking written approval on your proposed activity involves discussing your proposal with parties who may be affected. This can help to find out about any potential impacts and concerns so your proposal can be adapted to address or reduce these before you apply.
The benefits of doing this include:
- maintaining good relationships between all parties
- helping to improve understanding and reducing resistance towards the proposal
- providing an opportunity for alternatives to be suggested from other perspectives and minimising effects on the environment
- understanding the effects on other people
- a faster and cheaper resource consent process if you're able to avoid notification of the proposal, eg obtaining written approval from all affected parties, or ensuring the negative effects (adverse effects) arising from the proposal on all people will be less than minor.
Where to begin
The size and scale of your proposal will generally determine who you should consult with and the extent of that consultation. In some cases, this may only need to involve immediate neighbour. In others cases, it may not be possible to consult with everyone who is affected. If this is the case, the application is likely to be publicly notified (although some exceptions apply, as detailed above).
As a starting point, affected parties may include:
- neighbours or adjacent landowners and occupiers
- Iwi
- the Department of Conservation
- environmental groups
- Heritage New Zealand
We can provide some guidance on who's likely to be considered 'affected'.
What to provide
The information you give the persons or groups being consulted must be clear and straightforward so they can understand it without confusion or misunderstanding. This needs to include:
- an accurate description of the activity you're applying for, such as hours of operation, the number of employees etc
- any non-compliance with the rules in the District Plan.
Keep a record
It's important that you maintain a record of your consultation including who was consulted, the date, the topics discussed and concerns expressed, and any decisions reached.
Written approval forms
The written approval needs to be on the correct form, and must be signed by all owners and occupiers of the property. If the property is rented, you'll need to obtain the written approval of both the owner and occupier (renter or tenant).
The site plan and elevations, description of the activity, and assessment of the environmental effects must also be signed by all owners and occupiers of the affected property. If this isn't done correctly Council cannot accept the written approval and this may result in your application being notified.
Affected Person's Written Approval Form(PDF, 203KB)
Neighbours Approval Form - Accessory buildings less than 1m from a boundary(PDF, 784KB)
'Conditional approval' not accepted
Council cannot accept ‘conditional approval’ from affected parties, eg the neighbour signs the affected party form but writes that their approval is conditional on you planting a hedge to screen their property.
If a party you've consulted with requests conditions or changes to your activity and you're prepared to accept these to obtain written approval, you need to clearly include these aspects in your proposal.