Fee setting for deemed permitted activities under the RMA
The Resource Legislation Amendment Act 2017 (RLAA) represents the Government’s second phase of reform of the Resource Management Act (RMA). It contains close to 40 amendments and makes significant changes to five different Acts, consequently amending several others. This is the most comprehensive package of reforms to the RMA since its inception 26 years ago.
Together these changes aim to deliver substantive improvements to the resource management system to support more effective environmental management and drive capacity for development and economic growth. In particular the amendments aim to provide stronger national direction, a more responsive planning process, a streamlined resource consent process and better alignment with other legislation.
Included in these changes is the requirement and discretion for local authorities to issue Deemed Permitted Activities. There are two types of Deemed Permitted Activities; Deemed Permitted Activity Boundary Activities and Deemed Permitted Marginal or Temporary Activities.
Deemed permitted boundary activities are ‘boundary activities’ where the written approval of the relevant neighbour(s) is provided. An activity is a ‘boundary activity’ if:
- resource consent is required due to the infringement of one or more ‘boundary rules’ (access to sunlight, side and rear yard setbacks in the case of the Hurunui District Plan)
- no other district rules are infringed
- no ‘infringed boundary’ is a ‘public boundary’.
If these criteria are met and the correct paperwork supplied the Council must deem the activity a Deemed Permitted Activity and record this on property records.
Deemed permitted marginal or temporary activities: are activities where the Council has decided, at their discretion that there is a marginal or temporary rule breach. The effects of the activity must be no different in character, intensity or scale that they would be in the absence of the rule breach and the adverse effects on any person must be less than minor.
As these are new consenting services that the Council will be providing the Council is seeking to charge a fee in accordance with Section 10 of the RMA and Section 82 of the Local Government Act 2002.
It is proposed to charge:
- $235 for a Deemed Permitted Boundary Activity, and
- $370 for a Deemed Permitted Marginal or Temporary Activity.
We want to hear your views on the proposed fee setting. The consultation period is open until 5pm on Friday 20 October 2017.
You can submit by:
- Using our online submissions server: www.submissions.co.nz/hurunuidc/public
- Or fill in a submission form and either
- Post: Hurunui District Council, PO Box 13, Amberley 7441;
- Deliver: to a Council service centre; or
- Email: email@example.com
Please indicate whether you would like to be heard in support of your submission. At this stage submissions will be heard on Tuesday 28 October 2017.
Note that all submissions will be publicly available.
For further information, please contact Scott Rose on 03 314 0047 or firstname.lastname@example.org
We look forward to hearing from you by 5pm on Friday 20 October 2017.