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.
On this page:
The ODP will continue to have legal effect where any corresponding objectives, policies and provisions in the PDP have been appealed. As appeals are resolved, the ODP provisions will fall away and the PDP will be relied on.
While we still have both an ODP and a PDP you'll needto comply with both plans. However, rules in the PDP that aren't subject to appeals must be treated as operative, and the corresponding ODP rules fall away.
Any rules in the PDP which can't be treated as operative still have legal effect and are afforded 'weighting' on a case -y case-basis, depending on the nature and extent of the appeal.
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.
If you’re the owner of a coastal property and thinking of constructing a seawall, please get in touch with us early on in your planning. You may need to apply for a building consent and/or resource consent for your work.
Council resource consent and Building team will work with you to clarify what consents you need. The first step is a meeting to discuss your specific situation.
Note that in addition to Kāpiti Coast District Council consent(s), you may also need a Greater Wellington Regional Council coastal permit.
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.
Previously, resource consent applications took 20 working days, 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. The amendments to the RMA as outlined earlier on this page introduce three new processes which are described below and will be available to Applicants from 18 October 2017:
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.
A recent review of resource legislation has resulted in the creation of the Resource Legislation Amendment Act 2017 (RLAA) and will result in close to 40 amendments to the Resource Management Act 1991 (RMA). This is most comprehensive package of reforms to the RMA since its inception over 25 years ago. Some of these amendments had legal effect from the day after Royal Assent (18 April 2017) and others have legal effect from 18 October 2017.
The changes are aimed at providing stronger national direction, a more responsive planning process, a streamlined resource consent process and better alignment with other legislation. All applications/requests received on or after 18 October 2017 are subject to the amended RMA.
The amendments introduce a new fast track resource consent process for certain types of activities and two exemption processes. There are also amendments to sections in regards to subdividing land subject to a natural hazard, limits on what applications can be notified (unless special circumstances apply), limiting the scope for appeals, reviews of consents and a new provision for offsetting to be considered when assessing applications against s104 of the RMA.
Section 106 allows Council to refuse subdivision consents in certain circumstances. This power is not changing; however, the wording of the section is changing to be in line with the new Matter of National Importance – ‘the management of significant risks from natural hazards’. To determine whether there is a significant risk from a natural hazard, subdivision applications will need to include a combined assessment of:
a) the likelihood of the natural hazards occurring whether individually or in combination); and
b) the material damage to land in respect of which the consent is sought, other land or structures that would result from natural hazards; and
c) any likely subsequent use of the land in respect of which the consent is sought that would accelerate, worsen, or result in material damage of the kind referred to in paragraph (b).
Natural hazard under section 2 of the RMA means ‘any atmospheric or earth or water related occurrence (including earthquake, tsunami, erosion, volcanic and geothermal activity, landslip, subsidence, sedimentation, wind, drought, fire or flooding) the action of which adversely affects or may adversely affect human life, property, or other aspects of the environment’.
Amendments have been made to section 95 and the subsequent sections which apply when Council is determining if notification is required for an application. The Minister for the Environment has new powers to preclude certain activities from being notified (publicly or limited) unless special circumstances apply. The current activities that are precluded from public notification are:
- applications for residential activities if they are restricted discretionary or discretionary;
- controlled activities (also precluded from limited notification);
- applications for subdivision if they are restricted discretionary or discretionary; and
- boundary activities (as defined in the RMA).
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.
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@example.com. The appropriate fee must be paid when lodging your application.
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. Just drop into the Civic Centre reception and ask to speak with the Duty Planner.
Contact the planning team at firstname.lastname@example.org 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.
Resource Consent Forms
Land use forms and checklists
- Resource consent application form (including fast track applications) (Form 9)
- Resource consent written approval form (Form 8A)
- Applicants information checklist for resource consent
- Land use application guidelines
Subdivision forms and checklists
- Resource consent application form - subdivision
- Resource consent written approval form - subdivision
- Applicants information checklist for resource consent
- Subdivision application guidelines
Find out what you need to know about planning events on our Events page
Please note: If an application does not contain all the necessary information, it will be returned for completion before processing begins.
Deemed Permitted Boundary Activities
- Application for a deemed permitted boundary activity (Form 9A)
- Written approval form for a deemed permitted boundary activity (Form 8B)
Approval for a Deemed Permitted Marginal or Temporary Activity breach of a rule(s) in a Plan or National Environmental Standard
Please 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)
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:
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@example.com.
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.
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.
Publicly notified resource consents:
Where any member of the public may make a submission on a consent.
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:
- controlled activity
- a restricted-discretionary or discretionary application for:
- subdivision of land
- a residential activity (as defined in section 87AAB of the Resource Management Act 1991 (RMA))
- a boundary activity (as defined in section 95(6) of the RMA)
- an activity prescribed in regulations.
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.
Click below to view resource consents issued recently (last 3 months):