What is a Resource Consent?

The Resource Management Act requires Councils to promote the principles of sustainable management in the way they deal with the environment.  All land use and subdivision is regulated by the district plan which, in the South Waikato’s case, uses a system of zones with specific policies and rules.

The Act requires Councils to “avoid, remedy or mitigate”, any possible adverse effects of activities on the environment.

For example, if you live in the residential zone, the district plan will ensure that your neighbour can’t build too close to your house or block your sun without your consent, put up big signs on front lawns or convert garages into a trucking depot, or establish restaurants.

Council uses a hierarchy of categories to regulate activities on land.  Activities are given a category based on their perceived level of environmental impact.  There are six activity types described in the RMA and the District Plan:

Permitted

Permitted activities are allowed as of right, as long as they comply with the performance standards for the zone.  No resource consent is required if the performance standards are met.  For example, one household unit per section is permitted in the residential and rural zones.

Controlled

Controlled activities are those where consent will be granted by Council, with environmental effects controlled through conditions of the consent.  Subdivisions that             comply with the Plan’s rules are currently a controlled activity.

Discretionary

Discretionary Activities are those where Council has the discretion to approve or decline the application.  Conditions may apply if the resource consent is approved.

Restricted Discretionary

Restricted Discretionary Activities are very similar to Discretionary Activities, but are those situations where Council restricts its consideration or discretion to specified matters.

Non-complying

Non-complying Activities are those that do not comply with provisions in the plan, but consent may be granted if environmental consequences are shown to be minor.

Prohibited

Prohibited Activities are those where the environmental effects are considered so great that resource consent cannot even be applied for.  The current district plan has no prohibited activities.

The RMA does not give instruction on what activity type should be assigned to a specific activity – this is up to the Council and the community through the preparation of the district plan.

Resource Consent applications are made on standard forms, are subject to specified processing requirements, and have standard charges.  The content of the application will depend on the nature of the resource consent applied for.
All consent applications must include an assessment of environmental effects.  This is the most difficult component to get right and consultation with planning staff or a consultant can be useful.

What is notification?

Under some conditions, a resource consent application will require a public consultation process.  The need for consultation depends on the scale of environmental impact.  Controlled activities require limited consultation, whereas large-scale discretionary or non-complying activities frequently require wider consultation.

The resource consent process is guided by the RMA.  Council and the community now has the opportunity to review which activity type is allocated to an activity.  Are there activities where you think the regulations are too strict, or not strict enough?