How to apply for a resource consent

Download an application for resource consent form (PDF)

View the Resource Management Act 1991- Fourth Schedule (also included in the application for resource consent form download)

What is a resource consent?

The Nelson Resource Management Plan aims to minimise activities which may have potential harmful effects on the surrounding area and on the environment. Any activities which may have such effects are limited by rules in the Plan.

The Plan categorises activities into groupings depending on the degree of these effects. These groupings are classed as permitted, controlled, discretionary, non-complying or prohibited activities.

What is a permitted activity?

A permitted activity is one which can be established as of right, subject to performance standards. If you cannot meet these performance standards, the activity may be a classified as controlled, discretionary, or a non-complying activity. You therefore must apply to the Council for permission to operate/establish that activity. This is a resource consent.

An example of a permitted activity is the erection of a dwelling in a residentially zoned area. Performance standards may include limitations on height and daylight angles, provision of outdoor living space and carparking.

What is a controlled activity?

This is an activity which is allowed by the Plan but which requires careful consideration of certain matters before it may be established. These matters may include landscaping, screening, parking, site layout and building design.

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What is a discretionary activity?

This is an activity which is generally provided for within a zone, but not necessarily on every site and then only if it can satisfy certain criteria which are set out in the Plan. A discretionary activity will also be assessed to determine if it will have any adverse effects on the surrounding area, which may include noise, traffic generation, design and appearance, or pollution.

What is a non-complying activity?

This is an activity for which the Plan has not made provision in a particular zone. A non-complying activity can only be allowed if it can satisfy quite stringent criteria regarding environmental effects, as well as the policies and objectives of the Plan.

How do I go about making an application?

The application form is attached and further forms are available at the Planning and Consents counter, Civic House.

The quantity and quality of the information you supply with your application will largely determine the efficiency with which the Council can consider and decide the application.

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Before submitting an application

Before submitting your application it is suggested that you take note of the following:

Have a clear understanding of your proposal.

It can be both frustrating and expensive if an application is changed once it is being processed. You may even need to lodge a fresh application.

Consult with council staff and any people who may be affected by your proposal.

This will ensure you are following the correct procedure and it may help resolve potential problems at an early stage.

Ensure that all the information requested on the application form is provided.

This should include a full description of the activity, the initial payment, recent certificate of Title (less than three months old) and an assessment of environmental effects, plus whatever maps, plans, and photographs are necessary to enable Council and affected persons to fully understand the proposal.

Be aware of the time which may be involved in obtaining a resource consent.

Allow for this in your planning. DO NOT wait until you have obtained your building consent.

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Processing charges — initial payment required

Applications must be accompanied by the appropriate initial payment. Applications will not be processed until this payment is received. Processing charges are based on actual costs. If an application is required to be publicly notified and/or is required to be heard by the Applications Committee or a Commissioner the cost of processing the application may increase substantially. In some cases however, the initial payment will cover the processing costs and will result in a refund. Refer to our fees and charges schedule for current costs. (Link)

Is an assessment of environmental effects (AEE) necessary?

Yes, in all cases. The Resource Management Act 1991 requires an assessment of actual and potential effects on the environment for all applications. This should be prepared in the manner set out in the Fourth Schedule of the Act.

Go to the Fourth Schedule of the Resource Management Act.

The assessment should be prepared to a standard appropriate to the scale and intensity of the activity and its likely effects on the local environment. Clearly, the level of assessment for a small office in a residential zone will be much less extensive than for a large chemical plant with major environmental effects. Whereas large scale activities generally involve extensive assessment undertaken by professional consultants, small scale activities may be dealt with in a few sentences.

The Ministry for the Environment has some excellent guides on preparing an AEE.

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Do I need professional advice?

If you have trouble getting the information together, or need advice on some aspects of your application, there are professional people who can help. These people may include a lawyer, a land surveyor, a resource management planner, an engineer or an architect. If you are uncertain as to whether or not you should engage assistance, talk to council officers. They will be able to give you some guidance.

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How do I know if the application needs to be notified?

The requirement for notification depends on the type of application and on the issues involved. Controlled activities are not usually notified.

Notification of discretionary and non-complying activities may not be required if they are relatively minor and if all affected persons have given their consent. Council officers can advise you which properties are likely to be affected by your proposal. Generally both the owners and occupiers of an affected property would need to give their written consent to avoid notification. Affected person consent forms are available at the public counter. The Council will make the decision whether or not the application will be notified. Applicants should normally assume however that an application for a discretionary or a non-complying activity will be notified.

Will there be a hearing?

Some applications may be considered under delegated authority by officers of the Council. These applications are usually ones where the environmental effects are minor and written approval is obtained. However applicants should assume that their application could be notified unless advised otherwise.

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