The practical differences between notified and non-notified Resource Consents and a broad outline of timeframes and how fees are calculated are explained on this page.
There are two ways in which Resource Consent applications can be processed – notified or non-notified. The Resource Management Act 1991 (search notified) provides specific guidance to councils which must decide whether or not an application is to be notified.
Most applications are non-notified. This is because:
The notified Resource Consent process requires Council to either publicly notify the application in the local newspaper and circulate copies to people identified as being directly affected (public notification), or to notify the application only to those people affected by the proposal (limited notification). People deemed to be affected can lodge submissions supporting or opposing the application. Details of how to do this are published with the notification.
Once the submission period has closed a hearing is arranged. At that hearing the applicant and those who have lodged submissions have the opportunity to present their case to a Council Hearings Committee, which is made up of councillors.
Notified Resource Consent applications generally take a minimum of three months. If appeals against Council's decision are lodged with the Environment Court, this will further extend the process. Any of the submitters or the applicant may choose to appeal either the decision of Council or any conditions imposed on the consent.]
If your proposal does not meet District Plan standards but you are able to obtain the written approval of neighbours considered to be affected by your proposal (see: affected persons) then your application can, in most cases, be dealt with on a non-notified basis.
Decisions on non-notified Resource Consent applications are generally made by a Council officer with delegated authority. The environmental consents planner handling the application prepares a report and presents this to the officer together with a recommendation.
Non-notified resource consents are often approved subject to conditions, for example the implementation and maintenance of landscaping.
Non-notified resource consent applications are normally processed within 20 working days. The application cannot be processed until the Council has received all the information it requires. The application may be suspended until further information is supplied.
A deposit is required at the time a Resource Consent application is lodged. The actual costs of a consent are calculated based on the time spent processing the consent. An invoice for the costs of an application (in excess of the deposit paid) will be sent with the decision.
Notified and limited notified applications take significantly longer to process and are more expensive than non-notified applications.
A monitoring fee will generally be required to cover the cost of Council inspections to ensure any conditions have been met. This applies to both notified and non-notified resource consents.
For more detail contact Council and speak with a duty planner.
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