Land Use Consent Applications - Notified
The information contained on this page relates to notified land use consents, and the associated process. The information is split into the following topics:
Typical process and associated timeframes for a notified Land Use Consent
There is a typical process an application for a land use application goes through in order to be granted. Typically these are:
- Initial Investigations. Most people will investigate the possibilities of doing the activity. This usually involves, looking on the internet, talking to the Council, talking to a surveyor or a planner, their architect or engineer. Things you will want to know is what costs are expected (not just the professionals costs), also what the timeframes are likely to be is also needed.
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Engage a surveyor or planner to undertake the preparation and lodgement of the resource consent application. The requirements of a council vary from district to district. Typically the following information is required:
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Copy of any plans, such as building plans.
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A copy of any reports prepared to support your application. These reports may be regarding traffic safety, geotechnical issues and landscape issue to name a few common purposes.
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A current copy of the properties certificate of title, including any relevant covenants.
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A completed application form. This includes a summary of the application, address of applicant and address for service.
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If there are any affected persons approvals received, these also need to be included.
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Deposit cheque for the Council to begin processing the application.
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Typically, an application can take 10 – 15 working days to be completed once all the relevant information is supplied. The main exemptions to this is if affected persons approval is necessary.
- Sending the application into the Council. Below is an indication of the process an application goes through when it is in the Council:
i) Application checked for completeness, and is either accepted or rejected.
ii) Details about the application and applicant are recorded on the Council's computer system.
iii) Application is given to a planner to take charge of while it goes through the system.
iv) Copies of proposal can be given to the Council, roading, sewerage, water and engineering, and landscape experts.
v) Decision is made on the application over whether further information is required.
vi) Decision is made on whether the application will be publicly or limited notified.
- The application is either limited notified or publicly notified, within 10 days of people submitted to the Council. The notification period is for 20 working days in which all submissions should be sent to the Council and the applicant.
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After the submissions period closes a copy of the submissions are sent to the applicants representative. The option of a pre-hearing meeting is decided on.
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A pre-hearing meeting is usually held at a convenient time and location to the application site so that all the submitters can attend. Usually additional information is requested by the Council from a pre-hearing meeting.
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After any additional information is received a full planning hearing can be held. This is usually held in the Council chambers, or at a convenient location close to the application site. A hearing can either be heard in front of a committee of Council elected representatives or a commissioner
A hearing is usually conducted as follows:
The chairperson introduces everyone and you introduce yourself.
The planner discusses the application.
The applicant (or representative) presents their case. This usually involves calling witnesses to provide information. The evidence is usually presented in written form, read to the committee.
The committee or commissioner asks questions.
Submitters explain their submissions and answer questions.
The applicant can consider the questions and submissions, and either give a summary, or ask for 10 minutes to prepare a summary.
A summary can include any changes the applicant considers appropriate.
After closing, the committee and commissioner usually adjourn the hearing reserving their judgement.
no verbal decision is usually given until the written decision is released.
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A decision is released within 15 working days.
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A decision is made whether to appeal the decision. There is 15 working days in which to make the decision to appeal. An appeal is made to the Environment Court in the prescribed form. The consent decision is not considered active until the appeal period has expired.
In many situations an application will take four to five months to get approval, however this largely depends on the complexity of the proposal.
Expected Costs (Land Use Notified) - As of November 2009
Every application is different and therefore its associated costs differ. Below is a table to give you a guide to some of the expected costs, I advise you seek specific estimates for your unique situation.
| Planning Fees | Typically $3,000 - $10,000 (ex GST) |
| Council Fees | Range from $2,500 -$10,000 |
| Telecom | Allow $2,025 |
| Electricity | allow $3,000 |
| Water | allow $2,500 |
| Sewerage | allow $3,000 |
| Stormwater | allow $2,500 |
| parking construction | allow $10,000 - $20,000 depending on area |
| Vehicle Crossing | allow $6,000 per access |
| Real Estate Agent Fees | Depends on the deal with the agent. Up to 4.5% plus GST on each sale |
| Architect | Varies |
| Landscape Architect | over $1,500 |
| Lawyer at the hearing | over $3,000 |
| Engineer | Over $1,500 |
| Interest Costs on Borrowed Money |
At interest rates of 10% cost for interest only repayment is $100 per $1,000 per year. For example for a loan of $200,000 the interest only repayments are $20,000 per year or $384.61 per week. |
| Tax | Tax will be due on any profit made. |
| GST | If the size of the development is big enough then GST will be due on sales, but can be recouped any purchases |
| Accountant fees | Monthly accounting fees for GST and yearly tax returns are expected. |
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