Deemed permitted activities
The Resource Management Act 1991 was amended on 18 October 2017 to include new sections on permitted activities. These sections allow us to deem certain proposed activities as permitted and not requiring resource consent, even though the proposal will infringe a rule(s) in the District Plan.
There are two types of deemed permitted activities:
Deemed permitted boundary activity
If your building activity or project is close to a boundary, and you have the neighbouring owners' written approval, you may apply for a deemed permitted boundary activity.This activity type is not applicable when you are building close to a public boundary such as a public road or walkway, a reserve, a stream, river or lake, or any land owned by council or the Crown.To be eligible to apply your proposal must:
- only require resource consent due to infringement of one or more boundary rules (and no other District Plan rules)
- not infringe a public boundary such as a public road or walkway, a reserve, a stream, river or lake, or any land owned by council or the Crown
- obtain written approval from all owners with an infringed boundary.
Infringed boundary examples
(a) Directly infringed boundaries
Example 1: In this example, the proposed structure in property A breaches the yard setback rule from boundary of allotment B. Written approval would only be required from the owner of allotment B.
(b) Scenarios that involve corner sites
Example 2: In this example, the structure in property A infringes the yard setback rule applying to allotment B and C. It does not infringe the yard setback rule when measures from the corner. Written approval is therefore required from the owners of allotment B and C.
Example 3: In this example, the structure infringes the corner point of B, C and D. Despite the plan not being clear on whether an infringement can be measures from a corner point, allotment D is considered an infringed boundary under (b).
(c) Private ways
Example 4: In this example, the structure infringes a boundary that forms part of a 'private way'. Because of this, despite the District Plan still taking the measurement from the boundary of allotment A, allotment B is the infringed boundary, as this is the boundary on the opposite side of the private way.
(d) Allotment with multiple boundaries
Example 5: In this example, it is intended that as allotment C is the only boundary infringed by the structure in allotment A; C is the only allotment with an infringed boundary.
How to apply for deemed permitted boundary activity
Applications of this type must be submitted online and include the following:
- description of the activity
- areas of non-compliance with the boundary rules in the District Plan
- full names and addresses of each owner with an infringed boundary
- written approval and signed plans from each owner with an infringed boundary
- location plan, site plan and elevation drawings of your proposed project.
Written approval form (PDF, 123KB)
After you have submitted your application, a planner will determine whether the correct information has been provided and that your proposal meets the criteria of a deemed permitted boundary activity.
We have 10 working days to decide whether to return your application or issue a written notice.
If your application is missing information, you will be advised by email what is required. Your application will be returned and must be re-submitted with the missing information once it has been obtained.
Please note that the full 10 working days will start again from the date your application is re-submitted.
If your application has the required information and meets the relevant criteria then a written notice will be issued. Once issued you have five years to undertake your proposed activity or the notice will lapse.
An invoice for the time spent processing your application will be charged upon issue of the written notice, including any time spent on reassessing returned applications.
Deemed permitted marginal or temporary activity
Some activities may be so inconsequential that the council can exercise discretion to not proceed through a resource consent process and decide to issue an exemption. This may be picked up through the building consent process or, at times, a proposal may be put to the council by an applicant as suitable for this process. To qualify to be a deemed permitted marginal or temporary activity, the activity must meet the following criteria outlined under section 87BB of the RMA:
- the activity would be a permitted activity except for a marginal or temporary non-compliance
- any adverse environmental effects of the activity are no different in character, intensity or scale than they would be in the absence of the marginal or temporary non-compliance
- any adverse effects of the activity on a person are less than minor.
An invoice for the time spent processing this exemption will be charged upon issue of the confirmation letter.