Resource consents

The District Plan contains rules about different types of activities in different parts of the District. If the activity isn't permitted by the Plan, you'll need to get a resource consent, which will be for either a land use or a subdivision.

All rules in the Proposed District Plan (PDP) Appeals Version 2018 must be treated as operative.
All rules in the Operative District Plan 1999 (ODP), other than the listed coastal hazard provisions, must be treated as inoperative.
Find out more about the ODP coastal hazard provisions that remain operative.

When is a resource consent required

Activities that might need a resource consent are, for example:

building a new deck close to a boundary
planning a new multi-level apartment building
setting up a work-from-home business
subdividing a property
seawalls.

Developing or building on land with ponding or drainage issues?

Much of the Kāpiti Coast is low-lying and subject to flooding, ponding or drainage issues. We need to pay careful attention to how we develop and build in these areas, to make sure properties are protected from hazards, and that developments don't make flooding or ponding worse for others.

The information sheet below provides general information on these issues. We strongly advise you to talk with us about your specific situation early in your planning, and that you consult your own professional advisers.

Thinking about developing or building on land with ponding or drainage issues?

Resource consent process

Resource consent applications take 20 working days to process, provided all the necessary information is included and your proposed project does not need to be notified. An application would follow one of three procedures; non-notified, limited notified or publicly notified. Apart from this process, three other processes are available to applicants and these are described below:

Fast track resource consent applications

Where a land use resource consent has been applied for in respect for a controlled activity, we must process and issue a decision within 10 working days. We have no discretion to decline controlled activity consents. There are currently 17 land use controlled activities in the Operative District Plan; this could change when decisions are released on the Proposed District Plan. The most common applications received for land use controlled activities are for home occupations and relocated buildings. Applicants in this instance are receiving a priority service, although they can opt out and pay a lower deposit fee if they wish.

Deemed permitted boundary activity

Where a rule is breached in relation to a boundary, such as a setback or height in relation to boundary, an Applicant can request Council issue a written notice deeming the activity to be permitted. When a written notice is issued, no resource consent is required. A request form for the non-compliances with the District Plan along with the written approval from all owners of the affected boundary and plans detailing the encroachment must be supplied. A deemed permitted boundary activity cannot be applied for when non-compliance is along a public boundary such as a road or reserve. Council does not have to undertake an effects assessment and if all the information is supplied (there is no ability to ask for further information), must issue a written notice deeming the activity to be permitted within 10 working days.

Deemed permitted marginal or temporary exemptions

We have the discretion to determine if effects of a proposed activity are marginal or temporary and issue a written notice which exempts the requirement for a resource consent. There is no formal application process for public participation as Council determines what is marginal or temporary and there is no working day timeframe to assess marginal or temporary effects and make a determination. These exemptions are for situations in which the effects of an otherwise permitted activity are no different in character, intensity, or scale than the permitted activity and the adverse effects on any person are less than minor. Sufficient information must be supplied for Council to be able to determine what the effects are and if they are marginal or temporary. Council must issue a written notice if the activity is considered to meet the requirements of the RMA. Written notices lapse within five years unless given effect to prior.

Resource Consent Amendment Act 2020

A recent review of the Resource Management Act 1991 (RMA) has resulted in the creation of the Resource Management Amendment Act 2020. The objectives of this amendment are to reduce the complexity of the RMA and increase certainty. These amendments will also improve RMA processes and restore opportunities for public participation.

The amendment Act introduces changes to the resource consenting process, enforcement, and the Environmental Court provisions within the RMA.

See:

Key changes that have been made by the amendment Act for the resource consenting process relate to appeals and public notification, the ability to suspend the processing of non-notified consents and the presumption for subdivision activity. These changes are summarized below:

Appeals and public notification

Act repeals all of the restrictions on notifying and appealing resource consent applications for residential and subdivision activities which were previously introduced by the 2017 Act from 30 September 2020.
Act repeals the requirement that only the matters raised in the original submission can be appealed by submitters.

Suspension of applications

Act enables the applicants of a non-notified resource consent to apply to have the processing suspended for up to 20 working days.
Act enables suspension of processing by consent authorities until all administrative charges have been paid. This means council can suspend processing until these fees have been paid and this time period will not be included in the statutory time limit for processing an application.

Presumption of subdivision activity

Act repeals presumption relating to subdivision activity introduced by the 2017 Act, this presumption was that subdivision was permitted unless a plan states otherwise. This has now changed so that it is now presumed that a subdivision is not permitted unless the national environmental standard, the district plan, or resource consent provides for it.

If you believe the amendments may impact a development or activity you wish to undertake, please contact the Council Duty Planner or your independent Planning Advisor for advice. More information about the RLAA and RMA amendments can be found on the Ministry for the Environment website.

Applying for a resource consent

You, or someone representing you - such as a builder, architect, surveyor or planning consultant - must complete a land use resource consent application form, subdivision resource consent application form or request for deemed permitted boundary activity form, and provide it, together with all the relevant information requirements and take, post it, or email it to the Council's Resource Consents team – [email protected]. The appropriate fee must be paid when lodging your application.

Pre-application meeting

At a confidential pre-application meeting, you can have a discussion with a resource consents planner, and other technical officers (if relevant) before you submit your resource consent application.

We can help you through the resource consent process, discuss any potential issues and review your proposal before you finalise it. This free-of-charge meeting could save you time and money later.

A pre-application meeting is highly beneficial for more complex projects, such as a large development or multi-unit housing. Other projects, such as building a new deck, might only require an over-the-counter visit with the Duty Planner. To make an appointment with the Duty Planner please ring 0800 486486 or call into our Civic Centre reception.

Contact the planning team at [email protected] or phone us on 04 296 4700 or 0800 486 486 and we can advise if a pre-application meeting is for you.

Please see below for a link to a pre application meeting fact sheet.

Pre-application meeting fact sheet

Resource consent forms

Land use forms and checklists

Subdivision forms and checklists

Temporary Event Application Form and Management Plan

Find out what you need to know about planning events on our Events page

Temporary event application form and management plan

Note: If an application does not contain all the necessary information, it will be returned for completion before processing begins.

Deemed Permitted Boundary Activities

Approval for a Deemed Permitted Marginal or Temporary Activity breach of a rule(s) in a Plan or National Environmental Standard

Request form for a deemed permitted marginal or temporary exemption

Note: There is no formal ability to apply for a marginal or temporary exemption notice and the Council has the discretion to approve or decline exemptions.

Approval for a yard encroachment (of a building)

Building consent written approval form for yard encroachment

Fees

There's a fee for processing applications, and a deposit will need to be paid with your application.

Further costs might be incurred during processing, which are charged after processing completion. In addition, compliance monitoring fees might apply for subdivision of land use consents.

Refer to the fee schedule for information on the current rates:

Monitoring and enforcement

Monitoring

We monitor subdivisions and land use activities that resource consents have been issued for. We also investigate building work which may be breaching the District Plan rules by not having the necessary consents.If you're concerned a development might not comply with the District Plan, contact the duty planner as soon as possible on 04 296 4700 or [email protected].

Enforcement

We also take enforcement action when required. The Compliance & Enforcement Policy 2018 provides general guidance on how compliance, enforcement and prosecution matters are dealt with by the council.

Notified resource consents

There are two types of notified resource consents:

Limited notified resource consents:

Where only certain groups or people are identified by the council as being adversely affected by the proposal, and only those people can make a submission on the application.

View limited notification resource consents here

Publicly notified resource consents:

Where any member of the public may make a submission on a consent.

View publicly notified resource consents here

When deciding whether a consent should be publicly notified, the Council must consider a number of matters that are set out by the RMA.

In some instances, the Council must publicly notify an application. It must notify an application if:

the applicant requests public notification
the applicant refuses to provide further information or to agree to the commissioning of the report
there is a rule or National Environmental Standard (NES) that requires it be publicly notified
the Council assesses the proposal and decides that the adverse effects are more than minor
the Council decides there are special circumstances that warrant public notification.

However, there are also some instances when an application cannot be publicly notified. The Council cannot notify an application if:

there is a rule or a NES that states that an application will not be notified
the application is for one or more of the following, but no other, activities:
- a controlled activity
- a restricted discretionary, discretionary, or non-complying activity, but only if the activity is a boundary activity.

If an application is publicly notified a summary notice will be placed in the newspaper and the full details of the application will be made available on the Council’s website. Members of the public will have 20 working days to make a submission on the application.

Recently received resource consents

Click below to view resource consents received recently (last three months):

Recently issued resource consents

Click below to view resource consents issued recently (last three months):