What do you need to know about resource consents?
The land within Hutt City Council is controlled by the City of Lower Hutt District Plan and any subdivision of land or activity on a site within Hutt City needs to comply with the rules in our District Plan. You will need resource consent if you are planning any work that is not going to comply with the rules and standards of the District Plan.
Do you need resource consent?
You can find out if you need resource consent by:
- Checking the District Plan Maps and identifying the activity area (zone) that your property is in, and then
- Checking the rules of the District Plan that apply to your property
Copies of our District Plan are also available at all libraries in the City and at the Consents Counter of the council building at 30 Laings Road.
Rules in the District Plan may cover:
- How big your section needs to be
- The size and location of buildings
- The type of activity you are allowed to undertake
- Whether you can have a sign on a property
- Whether you can run an event or have a temporary activity
- The number of carparks required
- The extent of earthworks allowed
If there is any way in which your intended proposal does not comply with the rules of the District Plan, then you will need to apply for resource consent to make your changes legal, prior to undertaking any works.
You are always welcome to come in and talk to a resource consent planner about your proposal. The resource consent planner will work out whether resource consent is required and what you have to do before you apply. This advice is free.
For further background information on the resource consent process you can visit the Ministry for the Environment's website - an everyday guide to resource management act series.
Types of resource consent
There are two main types of resource consent:
- Land use consent
- Subdivision consent
Activities are classified as:
- Permitted – these do not require resource consent but must comply with all the rules in the District Plan (called permitted activity conditions)
- Controlled – these require resource consent, which Hutt City Council must grant. This can be subject to conditions, and the council’s consideration is limited to certain matters that are listed in the District Plan
- Restricted discretionary – these require resource consent, which Hutt City Council can either grant or decline. The council's considerations and conditions are limited to certain matters listed within the District Plan
- Discretionary – these require resource consent, which Hutt City Council can either grant or decline, and the decision is not limited in its considerations
- Non-complying – these require resource consent, which Hutt City Council can either grant or decline. The applicant must prove that the effects of the activity will be no more than minor or the proposal is not contrary to the objectives and policies of the District Plan
All of these activities can be dealt with in one of three ways:
- Non-notified – in these cases, no one needs to be involved except for the council and written approvals from neighbours may be required
- Limited notified – where the people directly affected by your proposed change need to be involved and are able to make submissions which may be presented at a hearing
- Fully notified – where the wider public needs to be involved, submissions are considered and there is often a council hearing
Your proposal may also require consent from the Wellington Regional Council (Greater Wellington), particularly if it:
- Involves discharges to or within a watercourse
- Involves discharges to air
- Involves earthworks exceeding 3000m3
- Is on erosion-prone land
Building without resource consent?
If you are doing work without consent or not complying with your resource consent, the council has a range of enforcement measures available. These range from an infringement notice fine of $300.00 up to a criminal prosecution, depending on the severity of the non-compliance. They are:
- Infringement notice – issued for a relatively minor offence such as not complying with a resource consent condition. A fine is imposed
- Abatement notice – issued when we require you to stop work or take action so that you comply with the Resource Management Act or a resource consent condition
- Enforcement order – an application to the District Court by Council requiring you to either cease or do something so that you comply with the Resource Management Act or a resource consent condition
- Prosecution – legal proceedings initiated by Council for the most serious offences under the Resource Management Act and you can be fined and/or go to prison if found guilty. If a conviction results, the defendant will have a criminal conviction recorded against them