Resource Consents
- General
- Process
- Forms
- Fees
- Time frames
- Making a submission
- Changing a decision
- Commencement & lapsing of consents
- Monitoring & review of consents
- Section 223 & 224(c) certification for subdivision applications
- Other consents
- Applications currently publicly notified
- More information
General
A Resource Consent is required for any activity which is not listed as a permitted activity by the District Plan. A ‘permitted activity’ is an activity that can be carried out as of right. A Resource Consent is a permission to undertake an activity on a particular site. It may have conditions on it to control the effects of the activity. Timaru District Council issues two types of Resource Consent, being Landuse Consent and Subdivision Consent.
Before lodging a resource consent application, all applicants are encouraged to discuss their application with the Planning Unit. Doing so can avoid delays and provide valuable information. For simple applications, please contact or visit the Duty Planner. For larger and more complex applications, please contact the Senior Planner: Resource Consents.
Process
The process of applying for a resource consent is illustrated and described in detail by the Ministry of the Environment’s Everyday Guide to the RMA, which can be accessed by clicking on the following link: Applying for resource consent
Forms
- Resource consent application form (Form 9) (79.85 kB)
- Resource consent application checklist (65.29 kB)
- Application form to change or cancel a resource consent condition (Form 10) (68.15 kB)
- Affected person’s written approval form (Form 8A) (31.02 kB)
- Submission form for a publicly notified resource consent application (Form 13) (41.49 kB)
- Application to establish an Engineering Bond (32.62 kB)
- Application for refund of Engineering Bond (19.84 kB)
- Application for Engineering Design acceptance (31.01 kB)
- Contractors Completion Certificate (22.99 kB)
Fees
General
When applying for a Resource Consent, it is important to understand the associated fees and charges.
Council fixes charges for the processing of resource consent applications and the monitoring of consents. Council is required to ensure that charges reflect the actual cost of the work and the benefit to the applicant and the community.
Please note that when applying for a Resource Consent, the onus is on the applicant to be familiar with the likely costs. If you want to discuss any of the information here, please contact the Duty Planner.
Deposits, Fixed Fees, Additional & Ongoing Charges
You will be required to pay a deposit when you lodge your application. The processing of the application can begin only when the deposit is received. Processing an application includes a number of tasks, such as checking to make sure that all of the relevant information has been received, assessment of the application and report writing. If the deposit turns out to be less than the total costs for processing the application, then additional charges may be incurred. In such a case Council will send an invoice with a break-down of the actual costs, once a decision is made regarding your application. However, if the deposit turns out to be more than the actual cost of processing then the difference will be refunded.
Further fixed fees will be charged when an application requires further work, such as public notification, a pre-hearing meeting and/or a hearing. The applicant may also be required to pay for any specialist reports that are required to be commissioned to understand the environmental effects of the proposed development.
Ongoing cost will be incurred by an applicant if their consent requires periodic or continual monitoring.
Schedule of Fees and Charges
Click here to view the Planning and Resource Fees and Charges.Objection to Additional Charges
An objection can be made to any additional costs but not to fixed charges. When making an additional charge Council is required to take into account a range of factors such as the benefit of the work to the applicant (compared with the community), what caused the work to become necessary (including any frivolous or unreasonable actions by a third party), and the willingness of the applicant to resolve issues without having to hold a hearing. If you want to object you must do so in writing within 15 working days of receiving your invoice. There is no application form to lodge an objection. However, objections should be made in writing, refer to the relevant consent and outline the basis for the objection.
Refunds & Discounts
Refunding a charge, or part of a charge, is known as a ‘remission’. You may seek a remission of the whole (including the deposit) or part of your charges if you believe the charge is unlawful, unreasonable, or in excess of the actual cost of the work undertaken by the Council. Like the process for considering objections (above), Timaru District Council will take into account the particular circumstances of the application, the beneficiaries of the work, and whether the additional charges are a fair reflection of the actual costs of the work undertaken by Timaru District Council. Applications for remission of charges must also be made in writing to Timaru District Council and will be considered on a case-by-case basis.
Section 36AA of the Resource Management Act 1991 requires local authorities to provide for a discount on administrative charges in circumstances where a resource consent application is not processed within the statutory timeframe(s). It is compulsory for local authorities to provide this discount and therefore applicants do not have to apply for the same. Any discount of charges will be automatically deducted from the additional charges that are invoiced in relation to the application. If there are no additional charges, the applicant will receive a discount on any fixed charges that were paid. The discount is calculated at 1% per day of the total fees payable (up to 50%) for everyday over the statutory time frame it took the local authority to process the application.
Time Frames
The timeframes for processing resource consent applications largely depends on whether the application contains sufficient information and the way in which the application is processed.
If the application is lodged and it does not contain sufficient information, it will not be accepted and will be returned to the applicant within five working days of being lodged.
If the application is accepted and an assessment of the application establishes that further information is required, further information will be requested and the statutory time period for processing the application will stop until that information is provided. Similarly, if a report is commissioned in relation to application, the statutory time period for processing the application will stop until the report has been provided.
A non-notified resource consent application is required to be processed within 20 working days from lodgment, while a limited or publicly notified resource consent application involving a hearing is required to be processed within 70 working days.
Making a Submission
You can make a submission in respect of a resource consent application that has been publicly notified, or if the Council has sent you notice of an application that is being processed on a limited notified basis. Please note that trade competitors can not make submissions on the basis of trade competition.
Submissions need to be made on Form 13 (41.49 kB).
Click on the following link if you would like more information regarding making a submission on a resource consent application.
Making a Submission on a Resource Consent Application
Changing a Decision
If you are not satisfied with Council's decision on a resource consent application, there are a number of ways you can seek to resolve the matter.
Objections & Appeals –
If you are the applicant, you may be able to lodge an objection to Council regarding the decision, or you may prefer to appeal the decision direct to the Environment Court. For more information about objections and appeals click on the following link: Objection and Appeals.
Minor Mistakes or Errors –
If the decision on a resource consent contains a minor mistake or error, you can raise the matter with the Planning Unit and they may, if considered necessary or appropriate, reissue the decision under section 133A of the Resource Management Act 1991, to correct the minor mistake or error. Please note that consents can only be reissued within 15 working days of the decision date.
Change or Cancelation of Conditions -
If the objection and appeal period has expired and the applicant wishes to change or cancel a condition of the consent, it may be possible to lodge an application under section 127 of the Resource Management Act 1991. Click the following link for more information: Applying to change or cancel consent conditions.
Objections & Appeals
Objections –
If the applicant does not agree with Councils decision on a resource consent, it is possible to object to the whole or any part of the decision under Section 357A of the Resource Management Act 1991, so long as:
- the application was processed on a non-notified basis; or
- the application was processed on a notified basis and no submissions were received in relation to the application, or all submissions were withdrawn; and
- the application was not refused consent under section 104B of the Act (determination of applications for discretionary or non-complying activities) or 104C of the Act (determination of applications for restricted discretionary activities);
- the application was not refused consent by an officer of a consent authority acting under delegated authority under section 104B or 104C of the Act.
Notice of any objection must be in writing, set out the reasons for the objection, and be lodged with the Timaru District Council within 15 working days of receipt of the decision. There is no application form for lodging an objection.
Subsequent Right of Appeal to the Environment Court -
Any person who lodged an objection under section 357A of the Resource Management Act 1991 may appeal to the Environment Court against the decision on the objection pursuant to section 358 of the Act.
Notice of such an appeal must be in the prescribed form, state the reasons for the appeal and be lodged with the Environment Court (85 Armagh Street, PO Box 2069, Christchurch) within 15 working days after the decision on the objection being notified to that person, or within such further time as the Environment Court may allow.
Appeal Direct to the Environment Court -
If you do not agree with a decision on a resource consent application, an alternative to a section 357A objection, or if section 357A does not apply, is to appeal the decision under section 120 of the Resource Management Act 1991 to the Environment Court.
The notice of appeal shall be in the prescribed form; state the reason for the appeal and the relief sought; state any matters required by the regulations; and be lodged with the Environment Court (85 Armagh Street, PO Box 2069, Christchurch) within 15 working days notice of the decision being received. Notice of the appeal must also be served on Timaru District Council within 15 working days within the same period. Notice of the appeal must also be served on any person who made a submission in relation to the application within 5 working days of the notice being lodged with the Environment Court. If you are in any doubt about the correct procedures, you should seek legal advice.
Applying to Change or Cancel Consent Conditions
An application to change or cancel a condition of consent can be made in the following circumstances:
- if the condition does not relate to the duration of consent;
- in relation to a subdivision consent, so long as the survey plan has not been deposited;
- if the proposed change of condition does not result in a material change to the original proposal or give rise to materially different environmental effects.
An application to change or cancel a condition of consent is required to be made on Form 10 (68.15 kB). The application will need to include the appropriate lodgement fee for the processing of the application.
All applications to change or cancel a condition are classified as a discretion activity. Sections 88 to 121 of the Resource Management Act 1991 (that relate to processing of resource consents) apply to applications to change or cancel conditions of consent with all necessary modifications as if the references to a resource consent are references only to the change or cancellation of condition and the effects of the change or cancellation respectively.
Commencement & Lapsing of Consents
Resource consents commence on the date the decision was notified, or on such later date as stated in the consent, unless an appeal or an objection has been lodged, at which time the consent commences when this has been decided or withdrawn, or in the case of an appeal to the Environment Court on such later date as the Court may state in its decision.
A resource consent lapses on the date specified in the consent or, if no date is specified, 5 years after the date of commencement of the consent unless, before the consent lapses: the consent is given effect to; or, an application is made to the consent authority to extend the period after which the consent lapses, and the consent authority decides to grant an extension.
Monitoring and Review of Consents
Section 35 of the Resource Management Act 1991 requires local authorities to monitor the exercise of resource consents. Often consents will only be required to be monitored once. However, some consents will need to be monitored periodically for as long as the consent is exercised.
Additional charges may be payable for monitoring and will be charged at cost. A consent authority may, in accordance with section 129 of the Resource Management Act 1991, serve notice on a consent holder of its intention to review the conditions of a resource consent.
Applications Currently Publicly Notified
The following table lists the resource consent applications that are currently being publicly notified and provides links to the relevant public notice and application.
102.2013.72 C.Jenkins Resource Consent application May 2013 (921.02 kB)
| Consent No. | Applicant's Name | Site Address | Link to Public Notice | Link to Application | Submissions close on |
|---|---|---|---|---|---|
| 7447 |
PJ Kelliher SM Kelliher
|
43 Korimiko Street, Pleasant Point
| 7447 Public Notice (716.27 kB) | 7447 Application (888.3 kB) |
17 June 2013
|
|
102.2013.72
|
C.Jenkins
|
1 Hopkins Street, Timaru
| 102.2013.72 Public Notice (482.22 kB) | 102.2013.72 Application (921.02 kB) |
17 June 2013
|
Section 223 & 224(c) Certification for Subdivision Applications
Before certificates of title can be issued for the new allotments granted subdivision consent, applicants are required to submit a Survey Plan to the Council for certification under section 223 of the Resource Management Act 1991 (RMA) and also to apply for a certificate under section 224(c) of the RMA.
Within 10 working days of receiving a Survey Plan under section 223 of the RMA, the Council shall either approve or decline the survey plan. The Council shall approve the Survey Plan if it conforms with the subdivision granted resource consent. The appropriate fee should be lodged with the submission of a survey plan.
A consent holder can apply for a certificate under section 224(c) of the RMA once the survey plan has been approved and all or any of the conditions of the subdivision consent have been complied with, to the satisfaction of the territorial authority. A completion certificate, consent notice, or a bond has to been entered into by the consent holder in relation to any conditions not complied with.
The appropriate fee should be lodged with an application for 224(c) certification. Application for certification under sections 223 and 224(c) can be lodged concurrently or consecutively.
Other Consents
A resource consent authorises the landuse or subdivision applied for only. Resource consents do not give the consent holder the right to:
- Use, subdivide or develop land that contravenes a rule in the District Plan other than that which has been consented to by way of the subject application, or that which has already been legally established.
- Conduct any activity that requires resource consent from Environment Canterbury. You are advised to contact Environment Canterbury to ascertain if consent is required for the proposed development.
- Authorise building or utility services construction work that requires separate consent/approval.
More Information
For more information on applying for resource consent see the Ministry for the Environment’s Everyday Guide to the Resource Management Act Series 2.1: Applying for a Resource Consent
Alternatively, please contact Council’s Duty Planner
