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Environmental Consents - Resource Management

Applications for Resource Consent

Applications for Resource Consent are required when a land use (structure or activity) or a subdivision does not meet the provisions of the District Plan. We offer advice on the requirements for applications. These applications are dealt with as part of the consent process. The notified consent process is detailed in additional information. The documents forming the District Plan are also listed in 'Additional Information'.

Application forms relating to Resource Consents can be downloaded here

Location

Consents Counter, Ground Floor, Main Administration Building, 30 Laings Rd, Lower Hutt.

Hours Available

For Customer Call Centre and Main Administration Building, Monday to Friday (except public holidays) from 8.00am to 5.00pm.

Fees & Charges

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Additional Information

Making Notified Resource Consent

Introduction

The following information is set out as a guideline for people who wish to make a Resource Consent Application to the Hutt City Council.

Types of Resource Consent:

• Land Use Consents

• Subdivision Consents

 

Land Use Consents 

There are two main types of Land Use Consents, both of which, when required to be notified, follow the same procedures outlined below.

• Discretionary Activity:
  This application is one for a use specified in a District Plan but which requires the approval of Council. The effects of such proposal must be minor, and Section 104 of the Resource Management Act 1991, sets out the matters which must be considered. Council must also exercise its discretion in accordance with the criteria specified in the District Plan.

If a Discretionary Activity is approved by Council, often conditions are imposed.

All Discretionary Activities for each Zone or Activity Area are listed in the District Plan.

• Non-Complying Activity:
  A Non-Complying Activity is one where no provision has been made for the use in the Zone or Activity Area. Section 104 of the Resource Management Act 1991, explains the consideration Council must give to any such application, both in relation to the effect upon the environment and in relation to the rules of the District Plan.

 

Procedure

To make an application for a Land Use Resource Consent 

• Fully complete the Resource Consent Form, (pink HCC Form 249), available from the Consents Counter.
  
• A covering letter describing what is proposed. It is important that all information be submitted at this stage, to ensure that there is no likelihood of Council or its officers misinterpreting or misunderstanding the application.
  
• Two copies of plans and information must be supplied.

 

Information supplied should include:

• The type, location and size of the proposed activity
  
• The features of the site, including levels or contours
  
• Landscaping, fencing, storage areas
  
• Plans of the proposed activity if a building is involved, including elevations and floor plans
  
• Details of off-site effects such as traffic generation, shadowing, noise creation
  
• All plans to be to scale (1:100 or 1:200)
  
• Legal description of the site
  
• Carparking layout and access points to be indicated on the plan
  
• Details of any consultation undertaken
  
• An Assessment of Effects -Reasons why you feel the application should be granted, bearing in mind the Council's planning objectives, policies and rules as expressed in the District Plan and potential effects of the proposal

The Fourth Schedule of the Resource Management Act 1991, contains a list of matters which should be included in an Assessment of Effects on the environment. Section 88 of the Act, also states what should be included

• It is important to note that detail is essential as Council can only consider and assess those activities actually specified, not those implied. An applicant may be requested to provide extra information, to ensure that the activity and effects can be readily understood.

It is of benefit to all parties, including the applicant that all details are provided at this stage and to avoid the necessity for the time limits within the Act being extended.

 Council does not formally accept your application unless
all the required information has been provided

Subdivision Consents 

Subdivision Consents are treated in the same way as Land Use Consents for the public notification procedure and can be either Discretionary or Non Complying depending on the nature of the application.  Refer to Chapter 17.1.2 of the District Plan for a list of the information required when submitting an application. 

 

Public Notification

Processing of the application does not commence until the application form, fee, information and plans necessary to describe the application and effects are checked. Council, once all information is supplied, will within 10 working days:

• Publicly notify the application in the Hutt News with details of the closing date for submissions, i.e. 20 working days after publication of notice.
  
• Send a letter explaining details of the application to those persons and bodies it considers to be directly affected. This will usually include your immediate neighbours and bodies such as Greater Wellington the Wellington Regional Council. 
• Erect a sign on or adjoining your property detailing the application.Erect a sign on or adjoining your property detailing the application.

 

Consideration of the Application

Once the closing date for submissions has passed, the application for Resource Consent may be dealt with in one of two ways:

• If there are no submissions and Council officers support the application, or have reached an agreement with the applicant on suitable conditions no hearing takes place.
  No representation from any party is required. A report is prepared and a decision will be released within 20 working days of submissions closing.
  
• If submissions are received, Council officers do not support the application, the matter has policy implications, or you the applicant have requested a hearing, then a hearing will be necessary. This hearing will be before the Hearings Subcommittee of Council. At least 10 working days notice of a hearing is given by the Council to all those parties involved.

 

Decisions

In cases where three or more Councillors or Committee Members are present to hear the application, a final decision can be made by those present. The decision is released to all parties within 15 working days of the hearing.

Where there are less than 3 Councillors present, a recommendation is made to the full Council at its next meeting. In such case it will be necessary to increase the time period for a decision under Section 37 of the Act.

 

Appeals

The applicant or any person who made a submission has 15 working days from the date on which the Council's decision is deemed to have reached them to appeal to the Environment Court against the decision of Council.

Appeals to the Environment Court need to be on Form 7 of the Resource Management Act 1991.

 

Validity of Consent

Consents to an application by either Council or the Environment Court is usually valid for a period of five years from the date of receipt of the decision. Council does have the power to extend this period in certain cases. Variations to a resource consent may necessitate another application, except where the variation is minor.

Non-Notified Resource Consents

A Non-Notified Resource Consent application is to be processed within 20 working days. 

District Plan Documents

The City of Lower Hutt Operative District Plan was published in June 2003. This one document replaces the previous Transitional and Proposed District Plans.
Copies of the Operative District Plan can be viewed online and are held in the libraries The District Plan is also held in the Environmental Consents Division and is available for public viewing during office hours.