Simply put the Resource Management Act 1991 requires all Councils to consider the effects on the environment when evaluating an application for a Building Consent. Where a project or development is unable to meet the criteria or performance conditions laid out under the District Plan an application for a Resource Consent is required. The complexity of the process depends on the degree to which the environment is deemed to be affected, and can sometimes be quite involved. In most cases however we can deal with the application as a discretionary activity on a either a non notified or limited notified basis, as listed in the example below:

Brightwater Terrace, Palmerston North
Our client sought to extend their modest family home of 119m2 to make provision for a larger family. The project was made difficult by a narrow site that restricted the buildable area and complicated by an agreement in principle to purchase part of a neighbouring property at some future time. The District Plan allowed a maximum house footprint of 274m² however the final design called for 317m² and a separation distance of 1.5m from a neighbour’s boundary. Plans.co.nz canvassed the neighbours and was successful in obtaining 6 of the 7 neighbours’ written approval. Unable to obtain the last signature plans.co.nz lodged an application for a Resource Consent with PNCC. Submissions were called for from affected parties and one submission was received against. After meeting with Council staff we were able to persuade them that the effects on this neighbour were minimal, and to minimise any perceived privacy issues, the applicant would mitigate the visual separation by installing a translucent or opaque film to a level of 1.75m on their nursery and bedroom windows. Mediation was not required, no hearings were necessary and the process was completed in within just 8 weeks, with Resource Consent approval being granted.

 

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