Types of Applications and Activity Types

Introduction

There are two types of resource consents in the District Plan. These are:

• land use consents - which relate to the use and development of land, including buildings and the effects of activities on land
• subdivision consents - which relate to the subdivision of land

There are a number of categories within which land use and subdivision consents are classified in the District Plan. These categories are critical to the structure of the District Plan, and in particular to the assessment of different types of development, and the opportunity that neighbours and the community generally will have to be involved.

Permitted Activities

Permitted Activities are permitted "as of right" by the Plan. No resource consent is required under the Plan for a Permitted Activity.

Controlled Activities

The Council must grant resource consent for a controlled activity but may impose conditions on the consent for matters that it has reserved its control in its plan or proposed plan. The Resource Management Amendment Act states that controlled activities need not be notified and the District Plan is consistent with this approach. A consent must be given to a Controlled Activity (except in the case of some subdivisions) but the consent may be subject to conditions.

Limited Discretionary Activities

Limited discretionary activities are allowed only if a resource consent is obtained. The Council is in the process of preparing a Plan Change to clarify that "limited discretionary" activities are the same as "restricted discretionary" activities under the RM Amendment Act. The change to the RMA clarifies that the Council must disregard adverse effects that do not relate to a matter specified in the District Plan that the Council has restricted its discretion to. This change to the District Plan is required to ensure that applications where the adverse effects are minor can proceed on a non-notified basis. A resource consent may be granted subject to conditions or may be refused.

Discretionary Activities

Discretionary activities are allowed only if a resource consent is obtained. The District Plan contains rules and terms relating to a Discretionary Activity. A discretionary activity consent may be non-notified if a written approval (or approvals) from affected persons are obtained and the effects of the activity will be minor. However, an application will be publicly notified if there are special circumstances, the effects are more than minor or written approvals of affected parties are not obtained. Once notified, any affected party or member of the public may make a submission on the application. A resource consent may be granted subject to conditions, or may be refused.

Non-Complying Activities

These are activities that do not meet specific rules set out in the Plan and can only proceed if a resource consent is obtained. The Council cannot grant a resource consent for a Non-Complying Activity unless it is satisfied:

• that any adverse effects on the environment will be minor, or
• the granting of consent will not be contrary to the objectives and policies of the District Plan

Prohibited Activities

No resource consent application can be made for a Prohibited Activity.