Exemption for a Permitted Boundary Activity
From 18 October 2017 a number of amendments occurred to the Resource Management Act 1991 (RMA) that require Councils to implement. One key requirement from the resource consents process is an ‘exemption’ for boundary rules within the District Plan, i.e daylight recession planes and setback to a neighbouring property boundary.
Setbacks to boundaries along a road, rail corridor, reserve, river or other land owned by the Council or Crown, will not qualify to go through a ‘Permitted Boundary Activity’ if the setback is breached.
If you breach a boundary rule to a neighbouring property under the District Plan, you can apply for a Permitted Boundary Activity which requires specific information to be submitted into Council for approval.
All applications for a permitted boundary activity must be electronic and are required to be applied for only by the owner/s. The agent may not be the applicant.
How to apply for a Permitted Boundary Activity
- An application form for a Deemed Permitted Boundary Activity is required to be filled out and signed.
- The form for Written Approval for Deemed Boundary Activity is required to be completed and a copy of all the application plans need to be signed from all of the owners of the infringed properties to the non-compliance. Signatures from tenants are not needed for a Permitted Boundary Activity approval.
- A copy of the site plan, showing existing & proposed structure, floor plan and elevations.
- A current certificate of title (current within 3 months)
All information provided must be eligible and sufficient to confirm that no other District Plan rules are breached. There are no provisions under the RMA for the Council to request for further information for this type of application. Incomplete applications will be returned, then can be resubmitted.
Council will process this application within 10 working days (public holidays are excluded). If the above criteria cannot be met, the applicant can apply for land use consent approval.
The Ministry of Environment (MFE) have provided a useful guidance document on this new process, including examples. Please see link below:
For any further enquiries on this process, please contact a Council Planner. See Pre-Application page...
To submit the application, please send to RCApplications@wmk.govt.nz.