Resource Consents

1. What is a District Plan?
2. What is a resource consent?
3. How much does a resource consent application cost?
4. How long does it take to get a decision on a resource consent application?
5. Why do I have conditions on my consent?
6. What happens if I do not use my consent?
7. Can I change my consent?
8. Can I transfer my resource consent to someone else?
9. What if I don't follow the conditions of my resource consent?
10. What is the maximum height I can build to?
11. Where can I get a copy of my certificate of title for my property?
12. How high can I build my fence without resource consent?
13. How do I find out the zoning of my property?
14. What is the minimum distance a house has to be from a proposed right-of-way? 
15. How can I tell where my boundary is?
16. How far from a boundary can I build?
17. Can I put a relocatable building on my land?
18. Can I run a bed and breakfast from my home?
19. Can I run a business from home?
20. How do I apply for a resource consent?
21. If I require a building consent, do I also need a resource consent?
22. What do I do if my building project involves a heritage building?
23. How long does my resource consent last?

Subdivision

1. What is a subdivision?
2. I'm looking at purchasing a property.  Can it be subdivided?
3. How do I apply to subdivide my property?
4. What costs are involved in subdividing my property?
5. How long do I have to complete my subdivision?
6. When can I start building on a new site?
7. What is a 223 Certificate?
8. What is a 224 Certificate?
9. How wide does a right-of-way have to be?
10. How small can I subdivide my property to?
11. Are rules the same in every district?
12. Do I have to go to the District Council's Ashburton office to view an application for resource consent that has been 'notified' for public comments?

Signs

1. Can I put up a sign outside my property on a road to direct people to my property?
2. Can I erect a sign on my property without resource consent?
3. What sort of conditions will be attached to my consent?

Resource Consents

The District Plan, as a requirement of the Resource Management Act 1991, is a document that has rules that all subdivision, land use activities and development is subject to within the Ashburton District.

You can view a copy of this plan on the District Plan page of this website, at the Council offices or Ashburton Library.

Information on the district plan can be found here.

A resource (land use) consent is written approval from council to use your land in a way that does not comply with the District Plan or is listed in the District Plan as an activity specifically requiring resource consent.

Refer to Resource Consent Information.

A deposit fee is charged for each resource consent application; Additional charges can be payable for processing costs on an actual and reasonable basis. Typically such charges are payable for applications that require more than the minimal time to be spent on them and / or require a hearing or reports to be commissioned. 

Planning fees are set by the Annual Plan & LTCCP Council Fee's and Charges.

The Council processes a large percentage of applications within the 20 working days (4 weeks), required by the Resource Management Act for a non-notified resource consent. The length of time for resource consent processing depends on a good quality application being received and completely describing the activity and the effects on the environment. How the application is to be processed can also affect processing time -for example Non-notified, Limited Notified or Full Notification. A non-notified application should be processed within 20 working days while a notified consent will take over 2 months.

Quality Planning website
Applying for Resource consent

Conditions are placed on your consent activity to protect the natural and physical environment for current and future users. It is your responsibility to adhere to the conditions placed on your consent activity. They are designed to avoid or mitigate any negative environmental effects resulting from your activity

You can apply to us in writing for an extension of the period for the consent provided you apply before the consent lapses.

You can apply to change or cancel any other conditions of your resource consent under s127 of the Resource Management Act, which is treated as though it is an application for a new consent with the assessment of effects limited to the change. Where there is a condition on the duration or term of your consent, you cannot apply for a variation to this.  You can apply to increase the duration or term of the consent under s125 of the Resource Management Act. This must be done before the consent lapses but you must show proof that you have worked toward starting the activity.

Resource consents relating to land use generally 'run with the land' and will be transferred when you sell your property or business and the new owner wishes to continue the activity authorised by the consent.

Failing to keep to the consent conditions may damage the environment and could also lead to enforcement action being taken against you, though sometimes problems can be resolved through discussion. However, if cooperation is not forthcoming the Council can prosecute the offending party or seek an Enforcement Order from the Environment Court. In such situations, Council can seek costs against the other party and the Court can also impose fines of up to $200,000.

Refer to RMA enforcement.

It depends what zone the proposal is in. You can check this by going to the District Plan on the Council website or for an overview, see below,

• Residential 8m
• Rural-Residential 10m
• Rural A and B 10m
• Township 8m
• Aquatic Park (Lake Hood) 8m (dwellings) 10m (commercial areas)
• Business 1 15m
• Business 2 10m
• Business 3 10m
• Business 3D 8m
• Business 4 10m
• Business 5 15m
• Business 6 and 7 8m (for buildings setback less than 30m from road) or 16m (for buildings setback 30m or more from road)
• Business 8 10m
• Business 9 10m

Refer to Zone rules

Your solicitor may have a copy but you can contact Land Information New Zealand (LINZ) and get them to provide you with a copy for a charge prescribed by LINZ. The Council does not hold a copy of Certificates of Title.

Refer to LINZ website

2 metres. A fence over 2 metres will require a building consent and generally requires resource consent subject to the zoning of the property. For example a fence of more than 2m in height in a residential zone requires resource consent while in the Business 5 zone a fence of more than 2m in height may be permitted if it complies with the road setback requirement.

Refer to Zone rules, Bylaws and Building FAQ

Refer to the Council District Maps

If you share an interest in that right-of-way there has to be at least 1 metre from the edge of the right-of-way to the foundation of a dwelling. If the allotment does not share the right-of-way, then the minimum setback is 1.5m.

Refer to Zone rules

The Certificate of Title for a property shows the dimensions of the boundaries. There are also survey pegs on each corner of the site.  If these cannot be found, a surveyor should be employed to determine where the boundary is. The Council cannot advise you on this.

Refer to LINZ for more information.

The distance depends on the zone the property is in and the type of building.

Zone rules

All relocated buildings over 30m² require a resource consent the Council will restrict its assessment of the building to design and appearance only.

Normal Zone rules relating to setbacks from boundaries, maximum height, outdoor living space, site coverage etc will apply.  A building consent is also required.

Refer to Section 6 Zone rules, Section 7 Zone rules and Guidance notes regarding relocated buildings.

In most zones, you can have a homestay activity for up to 6 persons at any one time (or if you’re in a Rural zone, up to 10 persons) ‘Homestay’ means the use of a residential unit for visitor accommodation for commercial purposes.

Refer to Section 7 Zone rules and Section 6 District Wide rules.

The Council permits Home Occupations in residential areas where they operate on a small scale and do not have any detrimental effect on the residential environment.
The District Plan has set conditions for Home Occupations to control their impact on the residential neighbourhood. These include limits on the size of the operation (including number of people employed), hours of operation, signs, sale of goods from the site, noise etc.

Refer to Zone Rules.

You need to fill in an application form together with other requirements including payment of fees, and site and/or floor plans. The information you need to supply will depend on what you are applying for. A check list is attached to the application form.

Refer to Resource Consents, Forms and Guidance notes for applying for a resource consent.

Depending on the nature of your project, you may need to apply for resource consent as well as a building consent. The need for resource consent will depend on the location (zoning) of the building site, the nature of the proposed project, and whether or not it complies with the Ashburton District Plan. A section 37 certificate will be attached to your PIM and approved building consent plans if you require resource consent for your proposed building work.

Refer to the Building FAQ for more information.

If you are proposing to carry out work to your home or a building and it is on the schedule of heritage buildings in the District Plan, it is likely that you will need to apply for resource consent as well as a building consent. Remedial work such as basic maintenance may be undertaken without resource consent where like replaces like but where parts of the building are to be demolished or altered or added to, a resource consent may need to be obtained.

The 'term of consent' (the life of your consent once implemented) varies depending on the type of consent it is. The term of some consents are unlimited. If your consent has a limited term, this will be specified in your consent.

If you have a limited term consent, you may apply to replace your consent no less than six months before the expiry date. In this case you can continue to operate under the conditions of the original consent until your application to replace the consent is decided.

If there is no specified lapse date, your consent will lapse after 5 years if you do not start the activity (given effect to). You can apply for an extension of time (under s125 of the Resource Management Act) before the consent lapses but you must show proof that you have worked toward starting the activity.

Subdivision

A subdivision is the division of a parcel of land, or lot, into small parcels (sections). This results in the creation of new lots, each with its own distinct title.
The most common type of subdivision is fee simple or freehold, which involves the creation of separate titles.  The Council encourages freehold subdivision, although the opportunity exists to create other forms of titles.

The following are the types of subdivision that are used under the New Zealand land title system:
• Fee Simple (Freehold)
• Cross Lease
• Unit Title

Refer to Subdivision guidance notes.

For more information on subdivision, refer to the brochure on subdivision which can be accessed from our website.  The District Plan subdivision rules are also on the Council website or you can contact a Planner.  We recommend that you take professional advice from a Surveyor or your Solicitor before proceeding with the purchase.

Refer to District Website, Section 6 District wide rules, and Subdivision guidance notes.

It is recommended that you apply for subdivision consent using a qualified surveyor. Council officers cannot recommend specific surveyors, these are best chosen by recommendation from friends or acquaintances or through your local telephone directory.

Apart from the cost incurred by use of a surveyor, you will also have to pay the appropriate council processing fees. This fee includes the time spent by council staff including a planner, engineer and administration in processing the application plus relevant hearing fees (if required). 

Planning fees are set by the Annual Plan & LTCCP Council Fee's and Charges.

The works must be completed and a completion certificate issued pursuant to Section 224(C) of the RMA, prior to the Section 223 certificate lapsing.  You have 5 years to obtain a s223 certificate and a further 3 years to obtain the s224 completion certificate and have it lodged with Land Information New Zealand (LINZ) for titles to be issued.

Refer to Subdivision guidance notes.

Refer to Building FAQ and Subdivision guidance notes.

It is a certificate which the Council give when the subdivision has been surveyed off and the survey plan conforms with that approved in the subdivision consent.  It is usually applied for by the consultant surveyor.  An application fee is required with a 223 Certificate.  That fee can be found in the current fee schedule for Planning  

Refer to Council fees and charges.

It is a certificate which the Council give when all conditions of a subdivision consent have been met.  It is usually applied for by the consultant surveyor or solicitor in writing.  An application fee is required with a 224 Certificate.  That fee can be found in the current fee schedule for Planning.

Refer to Council fees and charges.

If it is serving 2 lots it has to be a minimum of 3.5 metres wide but if the right-of-way serves more than 2 allotments, the minimum width increases.

Check Transport Rules on the Council’s website for more information.

The minimum site size varies between the different zones, with the minimum lot size subject to whether there are buildings existing on the site, building consent being obtained or at the time of applying for subdivision, or the creation of vacant allotments. 

Refer to Section 6 District wide rules, District section of website, and Subdivision guidance notes.

Each council has its own District Plan which sets out its own rules for managing natural and physical resources within its district.  That means what is permitted without a consent in Ashburton District may not necessarily be permitted in Auckland City, and vice versa. This is to reflect the unique circumstances of each District. There are some planning matters dealt with consistently across the Country, reflecting national standards but these relate to matters of national importance, e.g. transmission lines.

No. Copies of notified resource consent applications are also available for viewing at the Council offices, at the Ashburton library and on the Council website. Copies of applications will also be available at the I-site in Methven and Mobil Service station in Rakaia when an application is on land close to these towns.

Signs

The short answer is No. The District Plan prevents signage from being erected other than on the actual site of the activity, due to visual effect and traffic safety issues. The New Zealand Transport Agency is also opposed to such signs on State Highways, which it considers detract from the safe and efficient use of state highways.

Refer to Section 6 District wide rules, District section of website, and Signs guidance notes.

Not all signs need resource consent from Council.  For example, temporary signs for community, educational and recreational events are permitted provided that they are not greater than 2m² in area and are not erected more than six months prior to the event and removed within one week following the event.  Signs advertising that a property is for sale are also permitted provided that the sign does not exceed 0.6m² in area.

 Each zone permits signs provided that they comply with the rules of the District Plan.  Rules restrict the size of sign amongst other controls.

Refer to Section 6 District wide rules, and Signs guidance notes.

You may be required to erect a sign at a specific or minimum height to ensure that there is adequate visibility for oncoming traffic.  You may also be required to change a colour or have the letter size of the message changed.

Refer to Guidance notes for signs for further information.