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Planning and Resource Consents
~ Whakaritenga rori me ngā tono whakaaetanga rawa taiao

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Affected persons' consent

Obtaining approval of affected persons

The Resource Management Act does not specify who you must consult with when preparing a Resource Consent application. However, it is a good idea to identify and consult with all the people you think might be adversely affected by, or have some form of interest in, your proposal.

If you are applying for Resource Consent, it can speed up the process if you consult with and obtain the written approval all the people that you believe may be affected by your proposal.

This should be done before submitting your Resource Consent application. The extent of your consultation, the response of those consulted and, if obtained, the written approvals should be detailed in your application and Assessment of Environmental Effects.

It is important that if you are getting the written approval of people you think might be affected, that you use Hastings District Council's Affected Persons Consent form (available in the 'related documents' section at the bottom of this page) and that they also sign the any plans and the Assessment of Environmental Effects.  Affected persons approvals should be obtained from all of the registered land owners of a property as well as the occupiers (lessees or tenants) of the land.

When Council's Environmental Consents team receives your Resource Consent application a decision will be made on who is adversely affected, and whether their approval for your proposal has been included with the application.  If not we will give you the opportunity to approach those people and ask for their approval.  This is so that your application can be processed on a non-notified basis.

Please note that:

  • The final decision on who is adversely affected by your proposal rests with Council
  • A person’s written approval that has conditions attached (such as “if ABC builds me a new fence”) cannot be accepted

A proposal that might need approval from others could be:

  • If you wish to erect a new building which is too close to the boundary (and therefore does not comply with the building setback standards in the District Plan), then it is likely that you will need to your neighbour's written approval.

Event Planning

Approval from surrounding neighbours

Some events can cause disruption to surrounding neighbours and it can be helpful to keep those bordering the site of your event informed as part of your planning.

If your event does not meet Hastings District Plan standards then a Resource Consent will be required. If you are able to obtain the written approval of neighbours who Council considers to be affected by your event, then your application may be dealt with without notification.

Complete the Event Notification Form so Council can assess whether you need to apply for Resource Consent.

 

What if you are an affected person?

 

Why have you been asked for your consent?

You have been consulted and/or asked to give written consent to a proposal because you are the owner or occupier of land or a building, and may be affected in some way by a development proposal or event in your neighbourhood.

Who decides who is affected by a proposal?

Council planners make the decision on who might be affected and whose consent is required. Please note that it is common for applicants to seek written approval before applying for a Resource Consent. Therefore, even if the applicant has sought your permission, Council may still decide you are not affected.

What happens if you give your consent?

If you give your consent, Council is not able to take into account any adverse effects on you.  If you and all the other people deemed by Council likely to be affected have given consent, an application is considered by Council officers under powers delegated by Council and no hearing is held. It is very important that you understand a proposal fully before giving your consent.  If you do not understand the proposal please seek independent advice or contact a member of Council's Planning team to discuss a proposal and its possible effects; phone 871 5000.

How much information should you be given?

You should be given enough information to allow you to understand the proposal and how it will affect you.  This should include a full description of the proposal, plans and an assessment of the environmental effects.

Can you ask for changes to an application?

You can ask an applicant to change his proposal so that the possible side effects on you are minimised or avoided (for example, by reducing the hours or by providing screening).

Can you put conditions in your consent?

Council cannot accept a written consent with conditions.  However you may ask the applicant to amend their application to reflect any changes or conditions you would like.  If these changes are included within the application and are within the scope of Council’s jurisdiction, they may be included as a condition of Council’s consent.

Can you refuse to give consent?

Yes.  You do not have to explain your reasons but it is helpful to the applicant if you do.  You can let Council know so that your refusal can be recorded on the file.

What happens if you refuse to give consent? 

If Council decides that a party is affected and that party will not provide their written approval, then the application must be notified.  The applicant may decide not to continue with their application.  If they do continue you will be directly notified by Council and can make a submission for or against the proposal, whether you originally gave your consent or not.  A separate pamphlet on Notified Applications is available from Council; phone 871 5000.

Can you change your mind?

You can withdraw your consent at any time before the Council makes a decision on the application.  You must advise Council in writing that your consent has been withdrawn.  You should also let the applicant know.

Disclaimers and Copyright
While every endeavour has been taken by the Hastings District Council to ensure that the information on this website is accurate and up to date, Hastings District Council shall not be liable for any loss suffered through the use, directly or indirectly, of information on this website. Information contained has been assembled in good faith. Some of the information available in this site is from the New Zealand Public domain and supplied by relevant government agencies. Hastings District Council cannot accept any liability for its accuracy or content. Portions of the Hastings District Council information and material on this site, including data, pages, documents, online graphics and images are protected by copyright, unless specifically notified to the contrary. Externally sourced information or material is copyright to the respective provider.

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