A Kapiti Coast District Council Resource Consent is permission for a person or organisation to use or develop a natural or physical resource and/or carry out an activity that affects the environment in the District.
This process enables the Council to manage the environment, because it is the Council's legal obligation to ensure that such effects are no more than minor.
This page contains information about how to submit a Resource Consent application for land use or subdivision. You can download the necessary forms, as well as view more detailed information in our series of Fact Sheets.
Background
Applying for a Resource Consent
Assessment of Environmental Effects
Non-notified and Publicly Notified Applications
Resource Consent Fees
Development Impact Fees
Time Frames for Processing Applications
Fact Sheets
Temporary Events Management Plan
On 1 October, 1991, the Resource Management Act (RMA) became law. The RMA and its subsequent amendments have made many changes to the consents process.
One of these was that every district must have a District Plan. The Kapiti Coast District Plan became operative in July 1999 and takes precedence over any previous plans. In this plan are Rules and Standards that Council has set out to govern land-use and subdivision activities.
Copies of the Kapiti Coast District Plan may be viewed at the Council offices, any Kapiti public library, or online.
Go to the Ministry for the Environment website for more information about the Resource Management Act.
Fact Sheet No. 1: Resource Consents - What are they? (5 pages, 105kb)
Do all subdivision and land use activities require a Resource Consent?
All subdivision activities require a Resource Consent. Land use activities which do not meet permitted activity standards in the District Plan also require a Resource Consent.
The Rules and Standards in the District Plan determine the category of your land-use or subdivision application and how it will be assessed.
Land-use activities are divided into five different categories and subdivision into four (there are no permitted activities for subdivisions):
(1) Permitted Activity
If your activity meets the Rules and Standards of the District Plan for a permitted activity you will not need a Resource Consent for your proposal. Although permitted activities do not require a Resource Consent, other consents may be required such as a building or earthworks consent.
(2) Controlled Activity
You will need to apply for a Resource Consent if your activity is controlled. There are Rules and Standards that your activity must meet to be a controlled activity. Sometimes conditions may be imposed to remedy or mitigate any effects from your activity that cannot be avoided. An Assessment of Effects on the Environment (AEE) for a controlled activity application need only address the matters over which Council reserves control, as listed in the District Plan.
Fact Sheet No. 3: What is an AEE? (3 pages, 95kb)
(3) Discretionary Activity
If the activity you are proposing is a discretionary activity, then affected parties will have to be consulted and it will need to be assessed against the objectives and policies of the District Plan. Council will then decide whether to grant or refuse the consent. Conditions will usually be placed on a discretionary activity.
No. 4: A Guide to Hearings (1 pages, 105kb)
No. 6: Consultation (3 pages, 91.7kb)
(4) Non-Complying Activity
A non-complying activity is one that is not stated in the District Plan and therefore does not have any Rules or Standards. It is the responsibility of the applicant to demonstrate that the effects of the proposed activity are minor or that the proposal is not contrary to objectives and policies in the District Plan.
No. 4: A Guide to Hearings (3 pages, 105kb)
(5) Prohibited Activity
No application can be made for a prohibited activity, as defined in the District Plan's Rules and Standards.
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Applying for a Resource Consent
The Resource Consent application kits contain everything you need to apply for a Resource Consent, including:
- a Resource Consent Land Use/Subdivision Application Form
- an Applicant's Information Checklist
- an Assessment of Environmental Effects Form
- a Notice of Written Approval (print the number of copies you need)
- a Fees Schedule.
Application kit for applying for a Land Use Resource Consent (18 pages, 107kb)
Application kit for applying for a Subdivision Resource Consent (which can include a land use component) (24 pages, 120kb)
You will need to:
- download and print the relevant application kit
- fill in the forms
- gather the additional information to support your application
- get Notice(s) of Written Approval completed and signed
- return all completed forms to:
Resource Consents Manager
Kapiti Coast District Council
Private Bag 601
Paraparaumu.
It is in your best interest to submit a well-prepared application covering all aspects of your proposal to save you both time and processing costs.
Resource Consent application kits are also available from Council Offices and local Council Service Centres in:
Otaki Library
Main Street
Otaki
Telephone: (06) 364-8039
Office hours: Monday to Friday, 9.00a.m. - 5.00p.m;
Saturday, 10.00a.m. - 12.00p.m.
175 Rimu Rd
Private Bag 601
Paraparaumu
Telephone: (04) 904-5617
Office Hours: Monday to Friday, 8.00a.m. - 5.00p.m.
Waikanae Library
Mahara Place
Waikanae
Telephone: (04) 904-5760
Office Hours: Monday to Friday, 9.00a.m. - 5.00p.m.;
Saturday, 9.00a.m. - 12.00p.m.
Advice and assistance
Please read the information on this page and the Fact Sheets before preparing your application. If you need further advice you can:
- familiarise yourself with the District Plan
- telephone the Resource Consents Department at Council. The direct dial telephone number to speak to the Duty Planner is
04 902 PLAN (04 902 7526).
- make an appointment to see someone from the Resource Consents Department at Council offices in Rimu Road, Paraparaumu by telephoning (04) 296 4700. The first 30 minutes of consultation is free, but you will be charged for time answering your enquiry beyond this.
- contact the Resource Consents Department by email at: Kapiti.Council@kapiticoast.govt.nz
- consult a Resource Management or Planning professional. Some practitioners are listed under Environmental Consultants & Resource Management in the Yellow Pages.
The information you provide
The information you provide in support of your Resource Consent application will be used to process your application and assist in the management of the District’s natural and physical resources. It is treated as official information. Access to information held by the Kapiti Coast District Council is admitted in accordance with the Local Government Official Information and Meetings Act 1987 and the Privacy Act 1993.
If an application does not contain all the necessary information, Council will return the application to be completed before processing begins. Refer to the Fact Sheet below to check exactly what you need to provide:
Fact Sheet No. 2: What Information do I Need to Provide with my Resource Consent? (3 pages, 117kb)
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Assessment of Environmental Effects
The most important part of your Resource Consent application is the Assessment of Environmental Effects (AEE), describing actual or potential environmental effects that are likely to result from your activity.
An AEE needs to be prepared in accordance with the Fourth Schedule (1 page, 38kb) to the RMA.
Your AEE should include detail relative to the scale and potential effects of your proposed activity. For instance, an application to build a garage closer to a boundary than is allowable under the District Plan would need a simple assessment, whereas an application to build an abattoir would require a more detailed assessment of environmental effects.
If an AEE is not completed or has insufficient information for Council staff to make a decision, a request for further information will be made and the application will be put on hold until it is received. You have the right to formally object to a request for further information; advice on this is available from Council.
Fact Sheet No. 3: What is an AEE? (3 pages, 95.3kb)
Consultation with affected parties
You will need to provide details of who is affected by your activity (including tangata whenua), the details and results of any consultation undertaken with these parties, and their views. It is best to consult at an early stage; effective consultation can resolve misunderstandings and concerns affected parties may have. This can make the application process quicker and cheaper for the applicant. If adequate consultation is not undertaken by the applicant, it will be done by Council at the applicant's expense.
Fact Sheet No. 6: Consultation (3 pages, 91.7kb)
If you have the approval of affected parties such as neighbours, you can download this form, get it filled out and submit it as part of your Resource Consent application:
Written approval form 2009 (4 pages, 687kb)
Non-notified and Publicly Notified Applications
Notification is the process by which members of the public are invited to have their say about a Resource Consent application.
Once you have submitted your Resource Consent application, Council will assess it to decide whether it should be notified or not. To avoid notification, Council must be satisfied that any adverse effect on the environment activity will be minor, and written approval has been obtained from every person who may be affected.
Generally, controlled activities are non-notified, while discretionary and non-complying consents are publicly notified. Under the RMA, it is possible to gain consent for discretionary and non-complying activities without public notification and hearings, if:
- approval of all affected parties has been obtained
- Council is satisfied that the effects will be minor
- the proposal satisfies the requirements of the District Plan and the RMA.
The RMA allows any application to be notified under special circumstances, even if a relevant Plan expressly provides that it need not be notified.
If your application is non-notified, then Council will make the decision to grant or refuse consent under delegated authority. Applicants have the right to raise an objection with Council if they are not happy with the decision.
Publicly notified applications and limited notification
If your application is publicly notified, affected parties such as neighbours are advised in writing and the application is advertised in a local newspaper to advise the public. If limited notification occurs only those parties directly affected will be notified of your application.
Members of the public and affected parties are invited to make submissions either opposing or supporting your application. Once the closing date for submissions has passed, Council may arrange a pre-hearing meeting.
Fact Sheet No. 9: Non-notified and Notified Applications (3 pages, 100kb)
Pre-hearing meetings and hearings
At a pre-hearing meeting, the applicant and submitters are invited to discuss the Resource Consent application in an informal way. The aim is firstly to clarify the concerns and goals of all parties, and to agree on the facts as far as possible. Secondly, the pre-hearing meeting aims to resolve differences.
If differences remain, the application goes to a Hearing. A Hearing Committee of at least three elected Councillors or independent commissioners will hear the case, then make a decision to grant or refuse a Resource Consent.
If applicants are unhappy with this decision, an appeal may be lodged with the Environment Court.
Fact Sheet No. 4: Guide to Hearings on Notified Applications (3 pages, 105kb)
Affected persons' rights
A person is considered to be affected when a proposed activity has effects greater than expected by the District Plan.
When a discretionary or non-complying application is sought, an affected person has the right to be consulted about the application and either approve or object to it.
In a notified resource consent application, an affected person has the right to make a submission and present evidence to Council’s Hearing Committee.
View further information prepared by the Ministry for the Environment about your rights as an affected party (12 pages, 118kb).
Fact Sheet No. 8: Making a Submission to Notified Applications (3 pages, 93.8kb)
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Resource Consent Fees
Your Resource Consent application must be accompanied by the appropriate application fees, or Council will return the application and not commence processing until the fees are paid.
Please click on the title below to view the current fees:
Resource Consent Fees effective July 1 2008 (2 pages, 28kb)
Engineering Fees effective July 1 2008 (2 pages, 30kb)
Development Impact Fees
Development Impact Fees apply to developments where applications for subdivision and land use consents are received on or after July 1, 2004.
This system asks people subdividing or building new homes in the District to pay a share of the cost of providing the new infrastucture and community facilities.
View the Council's Development Contributions Policy.
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Time Frames for Processing Applications
If your application is non-notified and has sufficient accompanying information, a written decision can be expected within 20 working days of applying. In exceptional circumstances Council may double this time frame, pursuant to Section 37 of the RMA.
If sufficient accompanying information is not received, the application may be returned to you or put on hold until it is, pursuant to Sections 88 and 92 of the RMA. A written decision can be expected within 20 working days of providing full information.
If an application is notified, a decision can take up to 70 working days in addition to delays if further information is requested.
If a decision on a notified consent is appealed through the Environment Court, long delays may be expected before a judgement is made by the Court.
Flow diagram showing time frames (1 page, 9.83kb) for processing of Resource Consent applications given under the RMA.
NB: A working day is defined in the RMA as, "...any day except Saturday, Sunday, Good Friday, Easter Monday, ANZAC Day, Labour Day, the Queen’s Birthday, Waitangi Day and any day in the period commencing with the 20th day of December in any year and ending with the 10th day of January in the following year."
When your Resource Consent is granted
Before a Resource Consent can be used check that you have met all of its conditions, and have all the other necessary consents (e.g. from Wellington Regional Council, Building Consents).
Council monitors progress and the completed project to check that all Consent conditions have been met. If conditions have not been met, additional charges for monitoring may apply.
Fact Sheet No. 5: Now that you have your Resource Consent (4 pages, 95.8kb)
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Fact Sheets
A series of Fact Sheets have been produced by Council to provide answers to frequently asked questions:
No. 1: Resource Consents - What are they? (5 pages, 105kb)
No. 2: What Information do I Need to Provide with my Resource Consent (3 pages, 117kb)
No. 3: Assessment of Environmental Effects (3 pages, 95.3kb)
No. 4: Guide to Hearing on Notified Applications (3 page, 105kb)
No. 5: Now that you have your Resource Consent (4 pages, 95.8kb)
No. 6: Consultation (3 pages, 91.7kb)
No. 7: Subdivisions (3 pages, 100kb)
No. 8: Making Submissions to Notified Applications (3 pages, 93.8kb)
No. 9: Non-notified and Notifed Resource Consent Applications (3 pages, 100kb)
No. 10: Residential Zone Controls (3 pages, 95kb)
No. 11: Rural Zone Controls (3 pages, 89.8kb)
No. 12: Land use Complaints and Compliance (3 pages, 97kb)
No. 13: Earthworks (2 pages, 100kb)
No. 14: Relocated Buildings (4 pages, 109kb)
No. 15: Civil Issues Relating to Trees (2 pages, 85.6kb)
No. 16: Fences (3 pages, 91.4kb)
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