Affected Party – Approval and Submission
Last updated: 23 Feb, 2017 03:07pm
Affected party – approval and submission
If we consider you to be adversely affected by activities proposed in a resource consent application, we will tell the applicant. It is then the responsibility of the applicant to seek your written approval to their proposed activity.
The applicant (or someone acting on their behalf) is entitled to contact you in person. It is your responsibility to understand why your approval is being sought, and what effect the proposed activity will have on you and your property. It is your right to question the applicant about the proposed activity, and to seek further information about the resource consent process.
We cannot advise you if you should or shouldn’t give your approval but we can provide information on the consent process. You should seek independent advice if you are not sure whether you should provide your written approval to the proposal.
Supporting the proposal
If you want to give your approval, you should sign the Written Approval of Affected Persons form and the application plans. A copy of the form is on our forms for resource consents page. You may also sign the assessment of effects for the application. The applicant should show you all these documents. Ask the applicant for a copy of the signed documents and keep them so you know what you are agreeing to.
Not supporting the proposal
You are within your rights to not give your approval. You do not need to give reasons and there is no set time frame in which you must decide. If an applicant gives you a date to respond by, this is usually for their convenience and it is not a council deadline. So if you need more time to consider the proposal then ask for it.
Can I change my mind?
You are allowed to change your mind after you have given written approval. If you decide to withdraw your approval you must do so as soon as possible as we may need to notify the application. You should confirm your withdrawal of approval in writing to us.
Can I change the proposal?
You are entitled to discuss the application with the applicant and seek out possible solutions to any concerns you may have. The applicant may be willing to negotiate and change their proposal to reduce its impact on you.
The council only accepts unconditional approval from affected persons so you cannot make changes to the proposed activity by giving conditional or partial approval. Any changes to the proposal must be incorporated into the plans and application.
Private agreements outside the scope of the resource consent application are sometimes entered into, but as these are private we have no power to enforce or monitor them.
Making a submission
A submission is a written statement about a notified resource consent application. It may support or oppose the proposal, or just express a point of view.
Any person or organisation can make a submission on a publicly notified application. You have 20 working days to make a submission from the date of notification.
Should I make a submission?
Before making a submission, you should:
- Ensure you understand what the application is about, and what the effects are likely to be, by reading all of the information provided with the application
- Talk to us or your own professional advisors about your issues and concerns, and how they might be addressed
- Talk to the applicant and discuss your issues and concerns with them. You may be able to reach an agreement without going through the formal submission process.
Preparing a submission
Prepare your submission using our submission form.
Your submission will be more effective if it is clear, concise and supports your views with adequate information. It must relate to issues that arise from the application.
Your submission must clearly state:
- Whether you support or oppose the application, or if you wish to make a comment only (neutral submission)
- The particular parts of the application you are concerned about
- Your reasons for making the submission
- The decision you wish us to make
- Any conditions you feel should be imposed if the consent is granted
- If you wish to speak in support of your submission at any hearing that may be held.
We must receive your submission on or before the submission closing date stated on the public notice or letter.
Remember to send a copy of your submission to the applicant at the address given on their public notice or letter.
What happens next?
We encourage applicants and submitters to communicate directly to discuss any concerns and identify ways in which they can be addressed. If that doesn’t work, we may arrange an informal pre-hearing meeting to try to resolve these issues.
If issues are not resolved, a hearing may be held to make a decision on the application.
Information on this page has been sourced from Auckland City Council.
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