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1.5 Notified and Non-Notified Consents

1.5.1 Decision on whether adverse affects on the environment will be minor

In deciding whether the adverse effect of the activity on the environment will be minor, Council may take into account the following:

  1. Whether the activity generated an adverse effect off-site from discharges to land, water or air.
  2. Whether the proposed activity involves the use of hazardous substances and/or installations that are likely to have adverse effects.
  3. Whether the proposal is likely to have an adverse effect on the amenity of the neighbourhood.
  4. Whether the proposal affects the relationship of Maori and their culture and traditions with their ancestral lands, water, the protection of taonga, sites of cultural, spiritual and symbolic importance.
  5. Whether the proposal requires an extension to Council services that are not in the current annual plan and whereby unprogrammed cost may be borne by the community.
  6. Whether the proposal generates adverse effects on the natural environment and ecosystems including:

    1. The area, structure, function, composition, resilience and regeneration capacity of the natural environment and ecosystems.
    2. The District’s natural diversity, rarity and distinctiveness.
    3. Erosion and sedimentation.
  7. Whether the proposal adversely affects outstanding landscapes or natural features.

1.5.2 Determining who may be adversely affected by granting a resource consent

Where for the purposes of section 94 the Council is required to determine who may be adversely affected by the grant of a resource consent and from whom the applicant may be required by Council to obtain written approval, the Council shall consider:

  1. Whether there is any adverse effect, including any minor effect, on any person or organisation.
  2. Effects on persons or organisations who can be identified as having and interest or concern which differentiates them from the public generally.


Advice Note: In accordance with section 94 all applications for Discretionary and Non-complying Resource Consent shall be notified unless the criteria in section 94(2)(a) and (b) are met to Council’s satisfaction. In order to meet the test under section 94(2)(b) the Council must require the applicant to produce a written consent from every person who may be adversely affected unless the Council considers it unreasonable in the circumstances to require the obtaining of every such approval. Council can disregard only such adverse effects as will be de minimis.

 

 

1.5.3    Non-Notified Restricted Discretionary Activities Consents

Unless special circumstances exist or the applicant requests notification as provided for by the Resource Management Act 1991, applications for restricted discretionary activities in Rule 6.1.1 and considered to be in general accordance with a Structure Plan, or for a restricted discretionary activity Neighbourhood Node or Comprehensive Residential Development will be considered without notification.





 

 

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