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 people who you think might be adversely affected by, or have some form of interest, in your proposal.

If you are applying for a resource consent, it can speed up the process if you identify, 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 Environment Effects. It is important that if you are getting the written approval of people you think might be affected, that you use the Hastings District Council Affected Persons Consent form (see below) and that they also sign the resource consent plans and assessment of environmental effects. Affected persons approvals should be obtained from all of the registered land owners as well as the occupiers (lessees or tenants) of the land.

When Council's Environmental Consents team receive your resource consent application, they will make a decision on who is adversely affected, and check 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 to your proposal. 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 the Council.
A person’s written approval that has conditions attached (such as “if ABC build me a new fence”) cannot be accepted

A proposal that might need approval from others could be:

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

Approval of Affected Persons

The approval of the affected persons should be completed on the Affected Person's Consents form referenced in the related documents.

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 event planning.

If your event does not meet the Hastings District Plan standards then a resource consent will be required, and if you are able to obtain the written approval of neighbours who we consider to be affected by your event, then your application may be dealt with without notification.

Complete the Event Notification Form and we can access whether you need to consider a resource consent.

NOTES FOR AFFECTED PERSONS

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 in your neighbourhood.
Who decides who is affected by a proposal?	A Council Planner makes the decision as to who might be affected and whose consent is required. Please note that it is common for applicants to seek written approval before lodging a resource consent with Council. Therefore even if the applicant has sought your permission, the 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 your consent, an application is considered by Council officer’s under powers delegated by the Council and no hearing is held. It is very important that you understand a proposal fully before you give your consent. If you do not understand the proposal or this form, please seek advice before signing. Do not hesitate to contact a member of the Planning staff to discuss a proposal or its possible effects.
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 effects on the environment.
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 powers, they could be enforced 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 the Council know so that your refusal can be recorded on the file.
What happens if you refuse to give consent?	If the Council decide 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 however, you will be directly notified by Council and can make a submission or against the proposal, whether you originally gave your consent or not. A separate pamphlet on Notified Applications is available from the Council.
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.