The primary purpose of a resource consent applicant obtaining a written approval from potentially affected persons is to increase the chance that where the Environmental effects are likely to be minor Council may decide that the application can be processed on a non-notified basis. For a consent to be non-notified Environmental effects must be no more than minor and written approvals of adversely affected persons must be provided.
Any effects on those persons giving written approval shall not be taken into account when determining if the Environmental effects are minor. This may allow an application which would otherwise have more than minor adverse effects, to fall into the minor category and potentially be non-notified.
Where the effects are no more than minor but there are still adversely affected persons, the application would require to be notified unless those persons written consents were obtained.
Accordingly obtaining the consent of affected persons is an important and necessary part of the resource consent application procedure.
Identification of affected persons
It is important to recognise that while some people and organisations may have an interest in a proposal, they may not be affected. Some form of adverse effect on a person must be apparent for their written approval to be considered necessary. Potentially affected persons include both owners and occupiers of land.
Council may disregard only those adverse effects that will certainly be trivial (less than minor) or which are only a remote possibility.
Obtaining written approval
Council has produced a form (RCFAP) for recording the consent of affected persons. The form makes it clear that the affected persons are acknowledging;
- That the persons have been given details of the full and final proposal including a copy of the application form, assessment of environmental effects, and plans and that they have confirmed that they have signed and dated such information.
- That the persons understand and accept that once approval has been given the Council cannot take account of any actual potential effects of the activity upon those persons when considering the application and the fact that any such effect may occur shall not be relevant grounds upon which the Council may refuse to grant the application.
- That the persons understand that at any time before the final decision is made on the application they may give notice in writing to the Council that the approval is withdrawn.
Unconditional consent
Council has no responsibility to ensure that the demands or “conditions” of an affected person are satisfied, rather it is the responsibility of the applicant. Council will not accept an approval form that has been returned with conditions imposed and instead the form will be returned to the applicant for resolution.
The applicant may then be required to again consult or negotiate to obtain unconditional approval. There are additionally a range of methods available to the applicant, including letters of undertaking, or more formal methods such as deeds or agreements.