SECTION A - FORMS APPLICATION FORMS FOR LAND USE RESOURCE CONSENT UNDER SECTION 88 OF THE RESOURCE MANAGEMENT ACT 1991 PLEASE READ AND COMPLETE CONTENTS: 1. Application Form (To be completed by applicant) Page 3 2. Information Checklist (To be completed by applicant) Page 5 3. Affected party written approval consent form (To be completed for each affected party as necessary) Page 7 4. Explanatory Notes Page 9 5. Written Approval Declaration Page 11 KCDC_N486019_RCC_Form_009_Landuse_Kit_-_Section_A_Forms PAGE INTENTIONALLY BLANK KCDC_N486019_RCC_Form_009_Landuse_Kit_-_Section_A_Forms Page 2 of 11 APPLICATION FOR RESOURCE CONSENT Under Section 88 of the Resource Management Act, 1991 Return completed form, supporting documents and application fee to: Kapiti Coast District Council, 175 Rimu Road, Paraparaumu 5032 Private Bag 60601, Paraparaumu 5254 For enquiries: Phone 04 296 4700 or toll free 0800 486 486 and ask for the Duty Planner Email: [email protected] Council use only Date Lodged: Formally Received: Fee Received: RM Number: Please provide two copies of all attachments, unless otherwise specified in checklist PART 1 – Resource Consent Description of the Activity or Proposed Works (eg. Construction of a dwelling with a height or yard encroachment) Type(s) of Resource Consent sought from the Council Please tick the relevant box(es) Land use consent Subdivision consent Other resource consent eg. Regional Consent Please explain below Part 2 – Details of the Applicant(s) I/We apply for the resource consent(s) described above: Applicant’s name: (please write all names in full) Agent’s name: (if different from above) Contact postal address: Billing address: (if different to above) Applicant/Agent’s contact details: Landline: Mobile: Email: KCDC_N486019_RCC_Form_009_Landuse_Kit_-_Section_A_Forms Page 3 of 11 Part 3 – Site Information The physical site to which this application relates is described as: No: Street: Town: Legal Description: Part 4 – Supporting Information Required I/We provide the following information in support of this application to satisfy the requirements of Section 88 (4) of the Resource Management Act 1991 • Assessment of Environmental Effects. This should be relevant to the scale of the proposal. Refer to the attached form for further information • Completed information required under District Plan – Please use and attach a separate sheet. (Refer checklist provided in the Landuse Application guide) • Affected parties approval form(s) refer to Landuse Application guide • Certificate of Title for the site (Note: to be no more than 3 months old) • Diagrams or plans attached • Easement / encumbrances attached If you are unsure about any information requirements please contact the Council or your Planning Advisor before you submit your application. This will help to reduce potential delays in processing. Application Fee (Deposit) I/We enclose the fee of $ Refer to fee schedule found in Section B of the guide) Privacy Information The information you have provided on this form is required so that your application for consent can be processed under the RMA 1991, and so that statistics can be collected by the Council. The information will be stored on a public register, and held by the Council. The details may also be made available to the public on the Council’s website, www.kapiticoast.govt.nz. These details are collected to inform the general public and community groups about all consents which have been received and issued through the Council. If you would like to request access to, or correction of, your details please contact the Council on 04 296 4700 or toll free on 0800 486 486 and ask for the Duty Planner. Once this application is lodged with Council it becomes public information. If there is any sensitive information in the proposal, you may request that it is withheld and the Processing Officer will contact you regarding this matter. Signature(s) I/We hereby certify that, to the best of my/our knowledge and belief, the information given in this application is true and correct. I/We undertake to pay all actual and reasonable applications costs incurred by the Kāpiti Coast District Council. Signature of applicant/agent: Name: Date: KCDC_N486019_RCC_Form_009_Landuse_Kit_-_Section_A_Forms Page 4 of 11 APPLICANTS INFORMATION CHECKLIST Please tick the box if you have provided the following information with your application. APPLICATION FORMS AND DETAILS 1. Application form fully completed, including names and addresses of all owners other than the applicant. 2. A full description of the activity for which the consent is sought and its location 3. An assessment of any actual or potential effects that the activity may have on the environment. (This includes effects on wetlands, native vegetation, land form features, cultural and heritage sites and people and communities, and how any identified negative effects will be avoided, remedied or mitigated). This is compulsory and must be included. 4. A current Certificate of Title for the land that consent is being sought for. 5. A statement specifying • any other resource consents that are required • whether they have been applied for SITE INFORMATION 6. The following must be supplied • the correct street address • the legal description(s) of the site SITE PLANS Plans must be supplied and drawn to an appropriate metric scale to show sufficient detail of the proposal to enable Council to determine its effects. If the plans are larger than A3, copies reduced to A3 must be provided. Note: Where applications involve or are likely to affect Heritage items listed in the Heritage Register see the District Plan for additional information that may be required. KCDC_N486019_RCC_Form_009_Landuse_Kit_-_Section_A_Forms Page 5 of 11 PAGE IS INTENTIONALLY BLANK KCDC_N486019_RCC_Form_009_Landuse_Kit_-_Section_A_Forms Page 6 of 11 Resource Management Act 1991 3. NOTICE OF WRITTEN APPROVAL Consent Application Number (if known): RM PLEASE READ THE EXPLANATORY NOTES ON PAGES 23 AND 24 BEFORE COMPLETING AND SIGNING THIS FORM APPLICATION AND APPLICANT’S DETAILS TO BE COMPLETED BY THE APPLICANT Applicant(s) Name: Address and legal description of property to which the application relates: Full Description* of the proposed activity: *IMPORTANT NOTE TO APPLICANTS: It is very important that a full and accurate description of the activity is stated. If this description does not cover all aspects of the proposal the Council may require you to amend this form and re-obtain all the approvals. Please also ensure that a copy of any plans accompanying the application is signed by all persons who sign this form. Please seek advice from a Council Resource Consents Planner if you are unsure whether this part of the form has been filled in correctly. AFFECTED PERSON’S DETAILS TO BE COMPLETED BY THE PERSON GIVING APPROVAL PLEASE READ THIS IMPORTANT NOTE BEFORE YOU COMPLETE AND SIGN THIS FORM: You should only sign this form if you support or have no opposition to the granting of the resource consent for the application referred to above. If you do not understand any part of this process please seek professional assistance from an independent source or Resource Consents Planner at the Kapiti Coast District Council as signing this form will prevent Council from having regard to any effects of the activity on you. PLEASE COMPLETE EITHER QUESTION 1 OR 2 (AND ANSWER QUESTION 3 IF YOU ARE SIGNING THIS FORM ON BEHALF OF ANOTHER PERSON) 1. I have an interest in the property situated at [insert physical address or legal description] My interest in the above property is as follows (please tick either box (A) or (B)): A) I am the owner – (Note: Owner includes all trustees of any trust owning a property and all members of any Body Corporate authorised to manage a property. It will include all members of any partnership or syndicate owning the property. It will also include any person(s) or entity that has entered into an agreement to purchase or lease the property.) AND (please tick one of the following boxes): I reside at the property stated above; OR I do not reside at the property stated above Please list the full names and contact details of all other registered owners – KCDC_N486019_RCC_Form_009_Landuse_Kit_-_Section_A_Forms Page 7 of 11 OR B) I am an occupier Please list the full names of all other persons over 18 years of age who live at the property – 2. I do not own or occupy property near the application site but: I am (or may be) adversely affected by the proposed activity Name: Organisation* (if any): *For instance: Iwi authority; Department of Conservation; Fish & Game; Historic Places Trust etc… 3. (i) (ii) I have authority to sign this form on behalf of another person(s) – Please list the full name(s) of any person(s) you are signing on behalf of; and Provide signed written proof from each person you are signing on behalf of that you have authority to sign this form on their behalf (note: If you are signing as a person’s attorney, a copy of the Power of Attorney signed by that person must be provided). KCDC_N486019_RCC_Form_009_Landuse_Kit_-_Section_A_Forms Page 8 of 11 EXPLANATORY NOTES Written Approval of Person(s) Affected by an Application for Resource Consent Under the Resource Management Act 1991 What is a Resource Consent? When people wish to undertake an activity (e.g. build a house) in a way that does not comply with the ‘permitted activity Rules and Standards of the Kapiti Coast District Plan, they require special permission from the Council to do so. This is known as a “Resource Consent”. If they obtain a resource consent they are able to undertake the activity in accordance with that consent and its conditions. This process is set down in the Resource Management Act 1991. An application for Resource Consent can be processed by the Council in one of two ways. Applications are either notified (public or limited involvement by other people) or non-notified (that may or may not involve neighbours or other people). Why is your written approval being sought by the applicant? If an application for a resource consent is to be processed as a non-notified application, the Resource Management Act 1991 requires that the proposed activity must have adverse effects on the environment that are no more than minor AND that written approval must be obtained from every person whom the Council considers may be adversely affected by the activity. It is the responsibility of the applicant to consult with persons identified as being adversely affected by the proposal. If you have been asked to give your written approval it is likely that this is because the Applicant or Council considers that you may be adversely affected by the proposed activity. This gives you the opportunity to consider the proposed activity and decide for yourself whether you are adversely affected and/or the degree to which you may be adversely affected. What should you do if you are asked to sign this form? If you are asked to give your written approval to someone’s proposed activity as part of their application for a resource consent, you should do the following: 1. Request that the applicant (or their representative) explain the proposal clearly and fully to you. 2. Study the application and associated plans (if any) provided by them in order to understand the effects of the proposed activity. If there are no plans available at this stage, you may wish to wait until they are available. Ask for time to consider the documents if you think you need it. 3. Decide whether the proposed activity will adversely affect you or your property. You are entitled to ask the applicant for more information but you should make a decision about whether you will sign the form or not as promptly as is reasonable under the circumstances. You may suggest amendments to the proposed activity that you consider would reduce the effects on you. If the proposal is amended by the applicant then you should only sign the amended version of the proposal. Written approvals will usually be submitted to the Council by the applicant as part of their application. In other cases the Council may direct an applicant to obtain certain written approvals after the application has been lodged. KCDC_N486019_RCC_Form_009_Landuse_Kit_-_Section_A_Forms Page 9 of 11 4. If you are satisfied that the proposed activity will not adversely affect you and/or the effects are acceptable to you, you may decide to sign the affected person’s approval form on the reverse side of this page and a copy of the application and plans that may accompany the application. You should then return the completed and signed form (and application and plans) to the applicant (or their representative). If you are willing to give your approval subject to some other condition being met, this will need to be the subject of a separate side agreement between yourself and the applicant. The Council will not accept “conditional approvals”. If you change your mind after signing this form, you may withdraw your approval at any time before the decision is made on the application by advising the Council in writing that your approval is withdrawn. 5. If you consider that you will be adversely affected by the proposal and do not wish to sign the approval form, you will need to advise the applicant (or their representative). Please note that if a property is owned by more than one person, all of the joint owners are considered to be “affected persons”. If a property is leased or rented then the Council may deem both owners and occupiers as affected persons. Important Information If you do not give your approval and you are considered by the Council to be an adversely affected person, then the application must be notified and you will have a formal right to lodge a submission objecting to the application. Alternatively, the applicant may proceed without the need for a resource consent if they amend their proposal so that it complies with the relevant permitted activity rules and standards in the District Plan, or if they amend their proposal so that it still needs a resource consent but the Council no longer considers that the proposal will adversely affect you. Please note that the final decision on who is adversely affected or whether the application requires notification is made by Council staff or contractors qualified and delegated to make these decisions. Even though you may sign the affected person’s approval form, the Council must give full consideration to the application in terms of the Resource Management Act 1991. However, if you give your approval to the application, the Council is not able to have regard to any actual or potential effects the proposed activity may have on you. If a resource consent is granted by the Council, there is no way for either you or the Council to retract it later. You are therefore advised to weigh up all effects of the proposed activity before agreeing to it. If you have any queries regarding the resource consent process or the role and rights of adversely affected person(s), please contact a Resource Consents Planner at Kapiti Coast District Council or seek advice from a private planning consultant or legal adviser. Note that Council staff are not in a position to advise you whether you should sign the form. Ultimately the decision to sign is your responsibility. PLEASE TURN PAGE FOR DECLARATION OF WRITTEN APPROVAL KCDC_N486019_RCC_Form_009_Landuse_Kit_-_Section_A_Forms Page 10 of 11 WRITTEN APPROVAL DECLARATION A. I have read and understood the information provided with this form. B. I have been given details of the full and final proposal, including a copy of the resource consent application form, the assessment of environmental effects and any plans accompanying the application. C. I give my approval to the proposal as outlined in the resource consent application, the assessment of environmental effects and any plans. D. I have signed a copy of the accompanying plans as shown to me by the Applicant for that purpose. E. I understand that the Council will not take into account any effects the proposed activity may have on me when considering the application unless notice is given to the Council by me in writing prior to the consent being issued that my approval is withdrawn. Signature: Print Full Name: Organisation/Position: Date: Daytime Phone Number: Signature: Print Full Name: Organisation/Position: Date: Daytime Phone Number: Signature: Print Full Name: Organisation/Position: Date: Daytime Phone Number: Signature: Print Full Name: Organisation/Position: Date: Daytime Phone Number: PLEASE USE A SEPARATE SHEET IF MORE THAN FOUR SIGNATORIES & ATTACH TO THIS FORM KCDC_N486019_RCC_Form_009_Landuse_Kit_-_Section_A_Forms Page 11 of 11
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