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Affected Persons in the Resource Consent Process
Who are 'Affected Persons'?
Information for Resource Consent Applicants
What To Do if You Are an Affected Person
Written Approval
Conditional Written Approvals
Who are 'Affected Persons'?
When processing a resource consent appication, the Tasman District Council decides who (if any) persons will be adversely affected. If the adverse effect on those persons is minor or greater then those persons will be identified as 'affected persons'. Those affected persons will then have rights in the consent process.
For example, if someone wishes to build a house that is higher than what is permitted in the Tasman Resource Management Plan then the persons whose views or sunshine are blocked may be identified as affected persons (if the effects are great enough). Another example would be if a person wanted to discharge chemicals onto the ground. A person who has a water supply bore down stream may be considered to be an affected person.
Information for Resource Consent Applicants
If you are making an application for resource consent and you would like your application to be processed as Non-Notified (i.e. no submissions or hearing) then you should try to get the written approval of all people or organisations who may be affected by your proposal.
Form for Written Approval of Affected Person
Potentially affected persons may include:
- owners or occupiers of neighbouring land;
- community or environmental groups;
- local iwi;
- the Department of Conservation;
You may approach the people you think may be affected before you lodge your application. Alternatively, you may wait until the Council has decided whom it considers to be affected persons, and then you can just talk to those persons. The Council will let you know by letter if it considers any parties to be adversely affected.
It is important that you are aware that the final decision as to who is adversely affected by your proposal rests with the Council. This can only be challenged by proceeding with a Judicial Review through the High Court.
However, you should be aware that adversely affected persons are not under any obligation to provide their written approval. If they have any concerns then they should not provide their written approval. You may be asked by affected persons to change your proposal, volunteer conditions, or undertake other work. You should discuss these ideas and decide whether you will agree to them in order to get the person's written approval. If you can reach an agreement then you may need a side agreement. Click here to find out about side agreements and unconditional written approvals.
If you cannot get the written approval of all affected persons then it is likely that your application will be Limited Notified and affected persons will be able to make submissions on your proposal. If this is the case then you should read about How Resource Consent Applications are Processed.
What To Do if You Are an Affected Person
If you have been approached to give your written approval on a resource consent application then you should think it through carefully.
You should read the following guide as it covers all the points you need to know:
Written Approval
If you do provide your Written Approval you will be waiving all your rights to oppose the proposal.
If you have been asked to provide your Written Approval remember:
- You should see the application, the assessment of environemental effects, and all plans
- Take your time and think it through
- You do not have to sign
- You can ask for changes or bargain with the applicant
- You are entitled to seek legal advice as to your rights
- You cannot provide a conditional written approval (approval on the condition that something else is done)
- If you do sign, you can change your mind, as long as you do so before the consent is granted
- You can talk to the Council's planner who is processing the application
Conditional Written Approvals
A Conditional Written Approval is providing your agreement to a proposal on the condition that something else is done. A Conditional Written Approval submitted to the Council might look like:
"We, Mr and Mrs Jones, agree to my neighbours' (Mr and Mrs Renana) proposal to extend their house to within 1 metre of my boundary on the condition that they demolish their wood shed which blocks my view of the sea"
The Council cannot accept Conditional Written Approvals such as the example stated above as it can provide no guarantee that such a condition can or will be put on the resource consent when it is granted. I.e. the demolition of the woodshed is not related to the house extensions.
If an applicant and an affected person comes to an agreement about works that will be done in return for the affected person's written approval, then the two parties should create a 'side agreement'. A statement of the side agreement should be in writing and be signed by both parties. Remember, a side agreement is a private matter between parties and it has nothing to do with the Council.
Using the above example, a side agreement may state:
"We, Mr and Mrs Jones (Party 1) and Mr and Mrs Renana (Party 2), agree that Party 1 will provide their unconditional written approval to the Tasman District Council for Party 2 to extend their house to within 1 metre of the common boundary. In return, Party 2 will demolish their woodshed within 1 month of Party 1 obtaining resource consent for their extensions"
Mr and Mrs Jones would then provide their unconditional written approval to the Council for their neighbours' project.
In this way the Council is not drawn into negotiation matters between parties and all parties have confidence that agreements reached will be honoured.