Consent notices are restrictions (conditions) placed on a certificate of title, that an owner is required to comply with on an ongoing basis. They can relate to issues such as building platforms, stormwater management, servicing and building colours. Sometimes, you may need to change or cancel these conditions. In these cases, you will need to vary or delete those consent notice conditions.
How can I vary a consent notice?
Consent notice conditions can be changed or cancelled (by the site owner) by making an application under s221(3) of the Resource Management Act (RMA). This is another type of formal application, so does need to go through a formal process and there are Council fees associated with this. The application can also be declined; it’s not a “given” that you will be allowed to make the changes you seek.
How do I make the application?
As this is another type of RMA application, you need to provide an assessment that outlines:
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- Describes the existing environment,
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- What you propose and why,
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- What consent notice conditions you want to alter and how,
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- Assesses the potential adverse environmental effects of the changes,
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- Assesses the impact of the changes in relation to objectives and policies of the relevant planning documents and the relevant sections of the RMA.
This is done via an “Assessment of Environmental Effects” (AEE) report. Typically, this is prepared by your Planner. The application is a “Discretionary Activity”, and you will need to provide an assessment that is “fit for purpose” and addresses all of the relevant matters.
Remember this isn’t simply a paper exercise but is another formal application; it’s the same process as obtaining a resource consent, but assessment relates to the changes.
Each Council will also have an application form that you need to fill out.
How is the application processed?
A s221(3) RMA application is processed in a similar way to a resource consent, including:
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- An initial review of the application documents for completeness (s88 RMA),
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- A notification assessment, potentially identifying that adverse effects are more than minor or that neighbours are affected. You need to address this in your application report,
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- Making a decision on the application overall (s104 RMA).
The Council can still request further information (s92 RMA), but in relation to the changes. What was approved initially is essentially “off the table” and the assessment is focused on the changes.
Need to change a consent notice?
If you need to change a consent notice, give our team a call. We can review your existing resource consent and give you advice on what you propose. We can also draft the AEE and liaise with the Council on your behalf. If you want to make life easier for yourself, give us a call today! hello@planningplus.co.nz, 09 427 9966.
Disclaimer
As with all our blogs, the information detailed here is general in nature and meant as a preliminary guide only. This should not be substituted for your own investigations or use of your own professional’s. © Planning Plus Ltd 2023
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