Resource consents and earthquake rebuilding works

ViaStrada Ltd

Jeremy Phillips

Outline

• Background

• Resource consents 101

• Rebuilding works and consenting

• Changes following the quake

• Resource consent options

• Steps to follow

• What next?

• Q & A

Background

• Resource consents, development planning & traffic engineering:

– Planners, traffic engineers/planners, environmental health

– Responsiveness and direct relationship

• Private and public sector client base

– Predominantly private sector work, but regularly engaged by Councils

– We work with architects, building companies and building owners who are

directly or indirectly interested in quake recovery and consenting

– Close working relationship with CCC, WDC & SDC on consent processes and

quake related response (including pending changes)

• Our response to the quake has been to stay on top of changes in

anticipation of rebuilding work occurring and to identify ways of expediting

consenting.

Resource consents 101

• Compliant– Straight to building consent

• Non-compliant but identical to existing– Straight to building consent

(existing use rights apply)

• Uncertain– Independent check (ViaStrada planner, architect, etc)

– PIM check (application to Council)

– Independent evaluation & assessment to accompany building consent (e.g., assessment by ViaStrada planner on existing use rights)

• Non-compliant– Obtain resource consent.

‘Like with like generally okay’

Resource consents 101

• What needs resource consent? – Any activity in breach of a rule in a District Plan

– Any activity reliant on a resource consent or existing use rights where change is proposed

• Different rules apply depending on: – The District & zoning

– The particular activity/issues involved

• What is in a resource consent application? – Application Form (applicant and property details)

– Plans, Certificate of Title, Fee

– Assessment of Effects on the Environment (AEE)

• Description of what is proposed

• Description of why consent is required

• Assessment of effects and how these are avoided, remedied or mitigated

• Occasionally specialist reports (traffic, heritage, etc) or written approvals

Rebuilding works & consenting

– Works affecting heritage buildings – Works in Special Amenity Areas– Earthworks (usually >0.5m depth/height or

>7.5m3)– Buildings or earthworks in proximity to

waterways– Works within 10m of protected trees– Works in Flood Management Areas*

• What sort of quake related works might trigger consent? – New/replacement dwellings or buildings – Building remediation/repair/alterations in some cases– Land remediation and earthworks in some cases

• Specifically: – Replacement buildings or partial rebuilding, where the works breach a rule

or the terms of an existing resource consent– Rebuilding old buildings built prior to current rules (too high, too big, too

close to boundaries)

Changes following the quake

• Pending changes – Heritage- simplifying consenting– Urban design- for commercial rebuilding– Variation 48- building and earthworks in

Flood Management Areas

• Status quo otherwise applies– Orders-in-Council unlikely for residential

rebuilding– Council commitment to improve service and

efficiency– Best option is to utilise existing

efficiency measures and do everything within own control to improve the process

• Still some room for improvements

• Canterbury Earthquake Response and Recovery Act 2010 – RMA changes have focused on emergency measures, otherwise yet to

deliver any meaningful change to status quo for applicants

Resource consent options• Publicly notified or limited notified consents

– Complex and advice needed on a case-by-case basis

• Non-notified – conventional

– Consent application and information prepared on behalf of applicant

– Council planner reviews application & prepares report/recommendation

– Senior Council staff sign off on recommendation

• Non-notified- streamline (eligibility criteria apply)

– Consent application and decision report/recommendation prepared in one document by ‘approved consultant’ on behalf of applicant

– Senior Council staff sign off on recommendation

• Other options

– Existing use rights, certificates of compliance, etc

Typical steps to follow

1. Identify the need for resource consent and most expedient and efficient way of progressing.

• Independent compliance check vs. PIM

• Identify best consent process / option

2. Coordinate and lodge resource consent

• Preparation of plans (site, floor, elevation plans of proposal, and existing plans wherever possible/available)

• Prepare consent application and AEE

• Obtain any written approvals required (all owners, occupiers, trustees, company directors, powers of attorney)

• Lodge with Council and monitor progress

• Review decision and conditions

3. Decision obtained, progress detailed drawings and progress building consent

What next?• We perceive the most common resource

consent issues for residential rebuilding will be:– Where someone takes advantage of the

rebuilding process to change something– Catch-all rules (e.g., flood floor levels, Special

Amenity Areas)– Heritage buildings

• How we can help: – Advice- compliance, consenting issues/risks, options/alternatives,

improved procedures, Council liaison

– Assessments- preparation of consent applications and AEE

– Coordination – of consent process and participants (applicant’s ‘team’ of architects, building company, applicant, decision maker, etc; and Council personnel), and coordination of information, plans, etc

– Consistency- results, standardised processes

– Responsiveness & adaptability – direct point of contact with experienced, adaptable and results focused planners

Q&A

1. What happens if someone wants to do more than straight

replacement?

2. What expectations for rebuilding and resource consents (typical

works and likely proportion/number of resource consents

required)?

3. What timeframes/trends anticipated?

4. What targets for consenting (time and costs) and what happens if a

consent is limited notified?

5. How is project management of consenting envisaged to occur–

handover to builders to sort, project teams, etc?

Thank youJeremy Phillips, Senior Planner & Director

jeremy@viastrada.co.nz

Kathryn Stapleton, Senior Planner

kathryn@viastrada.co.nz

Andrew Fitzgerald, Planner

andrewf@viastrada.co.nz

Rhys Chesterman, Senior Traffic Planner

rhys@viastrada.co.nz

www.viastrada.co.nz