SECTION B - GUIDELINES

SECTION B - GUIDELINES APPLICATION KIT FOR SUBDIVISION RESOURCE CONSENT UNDER SECTION 88 OF THE RESOURCE MANAGEMENT ACT 1991 CONTENTS: PLEASE READ AND COMPLETE 1. Making an Application for a Subdivision Consent under the Resource Management Act 1991 Page 2 2. Time Frames for Processing Applications Page 7 3. Fourth Schedule Resource Management Act Page 8 4. Resource Consent Processing Charges 2014-2015 Pages 9

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1. MAKING AN APPLICATION FOR A SUBDIVISION CONSENT UNDER THE RESOURCE MANAGEMENT ACT 1991 Why is the Council involved in subdivision? On 1 October 1991 the Resource Management Act became law. The Act and its subsequent amendments have made many changes to the procedures that Council and applicants must follow in order for consents to be granted to subdivide land. One of these changes was that District Councils would be responsible for subdivisions. Another was that every district must have a District Plan. It is in this Plan that the policies, rules and standards imposed for subdivision consents are set out. The District Plan The Kapiti Coast District Plan became operative in July 1999 and takes precedence over any previous plans. Copies of the District Plan may be viewed at the Council offices or any Kapiti public library. Do all subdivisions require a resource consent? Unlike land use consents, there are no permitted subdivision activities, therefore all subdivisions require a resource consent. The RMA and the District Plan divide subdivision applications into four different categories: 1. controlled activities 2. discretionary activities 3. non-complying activities 4. prohibited activities The Rules and Standards in the District Plan will determine the category of your application and how it will be assessed. Controlled Activities If the subdivision you are proposing is a controlled activity, then you will usually be able to subdivide your property, unless the land is at risk from a natural hazard. Council cannot normally notify your application or require neighbours consent. Conditions may be imposed on your resource consent to restrict your activity if necessary. An AEE for a controlled activity need only address the matters that Council has reserve control over, as listed in the District Plan. Other consents such as earthworks (land use) or discharge consents, may be required before any development can proceed. Discretionary Activities If the subdivision you are proposing is a discretionary activity, then affected parties will have to be consulted and the application may be notified. The proposal will have to be assessed against the objectives and policies of the District Plan and the provisions of the Act. Council will then have to decide whether to grant or refuse consent. Conditions will normally be imposed on a discretionary activity consent. Other consents may, again, be required before any development can proceed. Non-Complying Activities A non-complying activity is one that is not stated in the District Plan and therefore does not have any rules and standards. It is the responsibility of the applicant to demonstrate either that any potential negative effects of the proposed activity are minor, or that the proposal is not contrary to objectives and policies in the District Plan, otherwise the Council cannot grant consent. The Page 2 of 18

proposal will be assessed against the objectives and policies of the District Plan. Other consents may required before any development can proceed. Prohibited Activities No application can be made for a prohibited activity. How do I apply for a subdivision consent? This kit contains an indication of what is needed to make an application for a subdivision consent, but because of the specialist nature of subdivision consents and the information Council requires it is recommended that you contract a professional surveyor or planning consultant. (Some Surveyors, Environmental Consultants and Resource Management practitioners are listed in Yellow Pages). Section 88 and 219 of the Resource Management Act and the District Plan set out the information that must be included with any application to subdivide. A checklist is attached which states the information required by Councils District Plan, but not all of this list may be relevant to your application. The most important part of your application is the Scheme Plan and the Assessment of Environmental Effects. Assessment of Environmental Effects. For all resource consent applications it is necessary to provide an assessment of any actual or potential effects that may result from the activity for which the consent is sought. An Assessment of Environmental Effects needs to be prepared in accordance with the Fourth Schedule to the Resource Management, a copy of which may be found on page 10 of this kit. Council also has a series of fact sheets which cover Assessments of Environmental Effects reports and the application process. An Assessment of Environmental Effects may include such issues as increased traffic (vehicular and pedestrian), effects upon vegetation and the landscape, and effects of additional buildings on amenity values. The amount of detail of an assessment of environmental effects should be proportional to the scale of the potential or actual effects of the activity. The Fourth Schedule to the Resource Management Act requires details of who is affected, any consultation undertaken with these parties (including tangata whenua), the results of this consultation and the views of those consulted. It is best to consult early on in the preparation of your application. Effective consultation can resolve any misunderstandings and concerns that affected parties may have. This in turn can result in the application being simpler and quicker to process, with less cost to the applicant. If adequate consultation is not undertaken by the applicant, this will be done by the Council, at the applicants cost. If an Assessment of Environmental Effects is not completed or does not have sufficient information for Consent staff to make a decision, a request will be made for further information and your application will be placed on hold until it is received. You have the right to formally object to a request for further information, advice on this is available from Council. It is advisable to consult or employ a professional to submit your application as they are experienced in the procedures and requirements of the Resource Management Act and Council. (Some Environmental Consultants and Resource Management practitioners are listed in Yellow Pages). Page 3 of 18

Advice and Further Information If you are considering subdividing your property and need information or advice on the District Plan and the controls on subdivision then you can: visit your local Kapiti Coast District Council library and make yourself familiar with the District Plan(s) some information held by Council including Resource Consents information may be assessed via the Internet at http:/www.kapiticoast.govt.nz. The Resource Consents Department may be contacted by e-mail on resource.consents@kapiticoast.govt.nz. telephone or visit the Resource Consents Department at Council offices, Paraparaumu. Be prepared to make an appointment to see consent staff, and note that the first 30 minutes of your consultation is free, but after this time a charge will be imposed. consult a professional Surveyor or Planning Consultant (Some practitioners are listed under Environmental Consultants and Resource Management in Yellow Pages). While Council Resource Consent staff can give you initial advice on which provisions in the plan apply to your proposal, they cannot design your subdivision. That is a matter for you and your professional advisor. NB: It is not possible for consent staff or consultants to guarantee that a proposed subdivision will be granted consent simply from reading the provisions in the Plan. Non-notified and Publicly Notified Applications Once you have submitted your application Council will decide whether to publicly notify it or not. Under the Act it is possible to gain consent for discretionary and non-complying activities without public notifications and hearings. However, Resource Consents Staff must consider each application, and be satisfied that this is only possible if: Approval of all affected parties has been obtained; and That the effects will be minor. The RMA allows any application to be notified under special circumstances, even if a relevant plan expressly provides that it need not be notified. Non-notified Applications If your application is non-notified then resource consent staff will make the decision to grant or refuse consent under delegated authority. Applicants can object to Council if consent is refused, or if they are not happy with the conditions. Further information can be obtained from Council regarding non-notified applications and objections. Public Notification and Limited Notification, Pre-hearing Meetings and Hearings If your application is publicly notified, affected parties are notified in writing and the application is advertised in an appropriate local paper. Members of the public and affected parties are invited to make submissions either opposing or supporting your application. Once the closing date for submissions has passed Council may arrange a pre-hearing meeting. The applicant and all submitters are invited to discuss the application in an informal way. The aim is to first clarify the concerns and goals of all parties, and to agree on the facts as far as possible. Secondly, the prehearing meeting can go on to resolve as many differences as possible. If all differences are resolved a hearing may not be necessary. If some concerns remain unresolved, then the application will go to a Hearing. A Hearing Committee of at least three elected Councillors, or an independent commissioner, will hear the case and make a decision to grant or refuse consent. Page 4 of 18

If you are unhappy with the decision made by the hearing committee you may appeal to the Environment Court. Further information on hearings is available from Council. How long before a decision is made? If your application is non-notified and is considered to have sufficient information, a written decision can be expected within 20 working days of applying. If sufficient information is not received at the outset, then the application is put on hold until sufficient information is received. Once Council is satisfied that there is sufficient information to make a decision, the written decision can be expected within 20 working days. If your application is notified it can take up to 70 working days, in addition to delays if further information is requested. The flow diagram on page 9 shows the time frames given under the Resource Management Act for the processing of applications. A working day is defined in the Resource Management Act as any day except Saturday, Sunday, Good Friday, Easter Monday, ANZAC Day, Labour Day, the Queen s Birthday, Waitangi Day and any day in the period commencing with the 20 th day of December in any year and ending with the 10 th day of January in the following year How much does it cost? Council has adopted a policy of recovering the full cost of processing applications from applicants. A Schedule of the set fees and charges for different types of applications is shown on pages 12-17. More information about charges may be found in Resource Consent Fact Sheet No 17 which is available from Council. These fees are only for processing the application. Other Council charges may include financial contributions for reserves, upgrading of infrastructure and legal costs and fees, conservation covenant costs, bond processing fees. Non-Council costs will include, surveyors fees and lodgment fees with the Department of Survey and Land Information and the District Land Registrar. Conditions of Approval Conditions are imposed on consents to ensure that developments are sound in relation to both engineering and environmental aspects, and to protect other landowners and future residents. Conditions may include financial contributions to pay for the additional demands the subdivision and development will place on Council services and reserves. A proportion of land may be given to Council for reserves or an equivalent payment made. Resource Consent staff and the Subdivisions Engineer will obtain guidance from the District Plan, the Code for Subdivision and Development and other planning documentation in setting conditions. You may appeal or object to any conditions set on your consent. Please see Council for further information regarding this. Final Approvals Once your resource consent has been granted, you would normally have two years to lodge a land transfer plan for Council s approval. This is the detailed plan prepared by a registered surveyor and must be in accordance with the original plan and any conditions of approval. If the land transfer plan satisfies Council s requirements approval is granted. The land transfer plan is then lodged with Land Information New Zealand. A longer period for the survey plan to be lodged may be agreed by Council at the time consent is granted, and an extension can be granted later by Council if certain criteria are met. Page 5 of 18

You then have three years to gain a certificate stating that all the conditions of consent have been satisfied. This certificate and other documents are then lodged with the District Land Registrar to allow the new certificates of title to be issued. Failure to gain this certificate within the time limit may result in your approval lapsing. NB: Many of the issues relating to subdivisions are very complex and professional assistance will be required, this is why it is recommended that you contract the services of a professional from the outset. Important notes to Applicants 1. Please read fully the notes below and the Fact Sheets available from the Council to assist applicants, before preparing your application and the necessary supporting information. 2. If you are unsure as to what information to include with your application, please contact the Council before submitting the application. 3. Your application must be accompanied by the appropriate application fee as determined by the Council. A Schedule of the set fees and charges for different types of applications is shown on pages 12-17. For complex applications, the Council may require an additional deposit pursuant to Section 36(3) of the Resource Management Act 1991, based on the actual and reasonable cost for processing such complex applications, and may require progressive monthly payments during consent processing. The final charge is based on actual and reasonable costs and is subject to objection and appeal. 4. If the application does not contain the necessary basic information and the appropriate application fee the Council may return the application to you and not commence processing it until it is completed. 5. Applications require notification (public advertising calling for submissions) unless the Council is satisfied that the adverse effect on the environment of the activity for which consent is sought will be minor, and written approval has been obtained from every person who the Council is satisfied may be adversely affected by the granting of the consent (see Fact Sheet No. 4). 6. The information you provide is official information. It will be used to process the application and, together with other official information, to assist in the management of the district s natural and physical resources. By submitting the application, the applicant acknowledges that the application is official information and authorizes the Council to make publicly available on the Council s website the details of the application, whether or not the application is publicly notified. Access to information held by the Kapiti Coast District Council is admitted in accordance with the Local Government Official Information and Meetings Act 1987 and the Privacy Act 1993. Page 6 of 18

2. RESOURCE CONSENT PROCEDURE & TIME FRAMES APPLICATION: Application Received (s88) Application Put on Hold (s92) NO Sufficient Information? (s92) 10 Days Further Information Received (s92) YES NO Publicly Notified? (s94) YES Will consent officer exorcise delegation? YES NO Submissions (s96) Report to Divisional Manager or Hearing Committee Notification (s93) Closing Date for Submissions (s97) 20 Days If not notified 20 Days If notified 70 Days Report and recommendation of consent officer Decision to refuse or grant consent made by Divisional Manager or Hearing Committee Pre-hearing Meeting? (s99) 25 Days Decision to refuse or grant consent made by consent officer Hearing/Joint Hearing? (s100, s101, s102) Decision? (s105) 15Days Notice of Decision (s114) 15 Days Objection Upheld? YES NO YES Objection to Non-notified application? (s357) Appeal to Environment Court? (s120) NO YES May be more than two years. Consent Commences or Refused (s116) Environment Court Hearing and Decision? Notes: 1. Bracketed numbers refer to sections in the RMA. 2. Times are in Working Days, as defined in the RMA. 3. Times may be doubled pursuant to s37 of the RMA. 4. Challenges to notification/non-notification decisions are by application for judicial review to the High Court. 7 Appeal to High Court? (Questions of law) Page 7 of 18

3. RESOURCE MANAGEMENT ACT 1991 FOURTH SCHEDULE Section 88 (6) (b) ASSESSMENT OF EFFECTS ON THE ENVIRONMENT 1. Matters that should be included in an assessment of effects on the environment - Subject to the provisions of any policy statement or plan, an assessment of effects on the environment for the purposes of Section 88 (6) should include: (a) A description of the proposal. (b) Where it is likely that an activity will result in any significant adverse effect on the environment, a description of any possible alternative locations or methods for undertaking the activity. (c) Repealed by Section 225 Resource Management Act Amendment 1993. (d) An assessment of the actual or potential effects on the environment of the proposed activity. (e) Where the activity includes the use of hazardous substances and installations, an assessment of any risks to the environment which are likely to arise from such use. (f) Where the activity includes the discharge of any contaminant, a description of - (i) The nature of the discharge and the sensitivity of the proposed receiving environment to adverse effects; and (ii) Any possible alternative methods of discharge, including discharge into any other environment. (g) A description of the mitigation measures (safeguards and contingency plans where relevant) to be undertaken to help prevent or reduce the actual or potential effect. (h) An identification of those persons interested in or affected to the views of those consulted. (i) Where the scale or significance of the activity s effect are such that monitoring is required, a description of how, once the proposal is approved, effects will be monitored and by whom. 2. Matters that should be considered when preparing an assessment of effects on the environment - Subject to the provisions of any policy statement or plan, any person preparing an assessment of the effects on the environment should consider the following matters: (a) Any effects on those in the neighbourhood and, where relevant, the wider community including any socio-economic and cultural effects. (b) Any physical effect on the locality, including any landscape and visual effects. (c) Any effects on ecosystems, including effects on plants or animals and any physical disturbance of habitats in the vicinity. (d) Any effect on natural and physical resources having aesthetic, recreational, scientific, historical, spiritual, or cultural or other special value for present or future generations. (e) Any discharge of contaminants into the environment, including any unreasonable emission of noise and options for the treatment and disposal of contaminants. (f) Any risk to the neighbourhood, the wider community, or the environment through natural hazards or the use of hazardous substances or hazardous installations. Page 8 of 18

4. Resource Management Fees 2014-2015 RESOURCE MANAGEMENT FEES KĀPITI COAST DISTRICT COUNCIL Resource Management Fees Please note that: Fees are as set under Section 36 of the Resource Management Act. Fees are payable at time of application. Applicants are required to pay the full fee for the consent at the time of application. Fees are inclusive of GST. If any charge for an application is not paid by the due date, then Kāpiti Coast District Council reserves the right under Section 36(7) of the Resource Management Act to stop processing the application. This may include the cancellation of a hearing or the issuing of a decision. If a hearing is cancelled or postponed due to the non-payment of a charge, the applicant will be charged for any costs that may arise from that cancellation or postponement. Discounts shall be paid on administrative charges for applications for resource consent applications that are not processed within the statutory timeframes. The discounts shall be in accordance with the Regulations to the Resource Management Act 1991. Notified Applications Charges Effective 1 July 2014 (incl. GST) Publicly Notified Applications Limited Notified Applications Non-Notified Land Use Applications Controlled Activities Restricted Discretionary Activities $2,800 deposit (covers first 20 hours of. Balance to be charged on time and material basis including advertising) $2,240 deposit (covers first 16 hours of. Balance to be charged on time and material basis including advertising) $700 (covers first 5 hours of $840 (covers first 6 hours of Page 9 of 18

KĀPITI COAST DISTRICT COUNCIL Resource Management Fees Non-Notified Land Use Applications Discretionary Activities - General Discretionary Activities Removal/trimming Protected Trees Causing Significant Structural Damage (as determined by an appropriately delegated, qualified and experienced person, i.e. an ecologist or Council staff member) Non-Complying Activities Certificate of Compliance Existing Use Rights Certificate Extensions on Time Limits Surrender of Consent in Whole or in Part Change or Cancellation of Conditions Outline Plan $840 (covers first 6 hours of $100 $1,120 (covers first 8 hours of $700 (covers first 5 hours of $840 (covers first 6 hours of $700 (fixed charge) (fixed charge) $840 (covers first 6 hours of $980 (covers first 7 hours of Non-Notified Application Notice of Requirement $1,120 (covers first 8 hours of Page 10 of 18

KĀPITI COAST DISTRICT COUNCIL Resource Management Fees Non-Notified Subdivision Applications All Subdivisions Boundary Adjustment (as defined by District Plan) Update Existing Cross Lease Extensions on Time Limits Change or Cancellation of Conditions/Consent Notice Subdivision Certifications Section 223 Certificate Section 224(c) Certificate including other certificates Section 224(f) Section 5(1)(g) Section 221 Consent Notice Section 226 Certificate $1,680 (covers first 12 hours of, $840 (covers first 6 hours of, $700 (covers first 5 hours of $700 (fixed charge) $840 (covers first 6 hours of (fixed charge) $1,120 (fixed charge) (fixed charge) (fixed charge) (fixed charge) $700 (covers first 5 hours of Page 11 of 18

KĀPITI COAST DISTRICT COUNCIL Resource Management Fees Miscellaneous Applications/Certificates Charges Effective 1 July 2014 (incl. GST) Surrender of Consent in Whole or in Part Revocation of Easements Right of Way Approval Section 348 (Local Government Act) Certificate Re-Issue Certificate (All Types) Transfer Instruments and Other Miscellaneous Documents Reserves Valuation Calculation (Land <$150,000) (fixed charge) (covers first 2 hours of $840 (fixed charge) $700 (fixed charge) $180 (fixed charge) (covers first 2 hours of $115 (per lot) Other Private Plan Change Notices of Requirements for Designation Alteration to Designation (non notified) $5,600 deposit (covers first 40 hours of. Balance to be charged on time and material basis including advertising) $2,800 (covers first 20 hours of. Balance to be charged on time and material bases including advertising) $1,120 (covers first 8 hours of Transfer of Resource Consent Page 12 of 18

KĀPITI COAST DISTRICT COUNCIL Resource Management Fees Encroachment Licence (Buildings/Structures only) Re-issue Encroachment License (New Owner) Charges Effective 1 July 2014 (incl. GST) $840 (covers first 6 hours of $176 (fixed charge) Planning Certificate Alcohol Licensing $140 Incident Inspection Charge Lift Building Line Restriction $140 per hour $537 (fixed charge) Temporary Events Permitted Activities Controlled Activities Discretionary/Restricted Discretionary Non-Complying Activities No charge $700 (covers first 5 hours of $840 (covers first 6 hours of $1,120 (covers first 8 hours of Page 13 of 18

KĀPITI COAST DISTRICT COUNCIL Resource Management Fees Hourly Charge Out Rates and Disbursements Staff: - Planner/Engineer (all levels) - Planning Manager, Asset Manager Administration Staff Elected Members as Hearings Commissioners Postage and Stationery Consultant s Fees (The use of consultants will be undertaken in consultation with the applicant) Copying and Printing Copying and Printing Copying and Printing $140 per hour $175 per hour $94 per hour $100 per hour At cost At cost Black and white: A4 first 20 copies free then 20c per page Black and white A3 30c per page Colour: A4 - $2.10/page A3 - $3.40 per page Page 14 of 18

ENGINEERING FEES KĀPITI COAST DISTRICT COUNCIL Engineering Fees Charges Effective 1 July 2014 (incl. GST) Notified Land Use Consents Application Deposit Notified Consent Monitoring Non-Notified Application Fee plus $926 (balance charged on time and material basis) (includes the first 2 hours, hour Non - Notified Land Use Consents Development of multiple units per lot Commercial/ Industrial development or infrastructure development All other Non- Notified Land Use consents Application Fee: $700 per application - Up to 6 Units - 7 or more Units $840 per application $578 plus Consent Monitoring Fee $205 per unit Application Fee $810 per application (includes the first 2 hours, Compliance Monitoring Administration Fee hour $1,250 (includes 3 submissions Engineering Drawing Approval of engineering drawings, beyond this will be charged at $140 per plan) Determined as 2% of the total estimated values of services (water, sanitary, Engineering Construction Supervision drainage and road), including engineering and contingency fees Application Fee per application Consent Monitoring Fee per Consent (minimum of $10,000) (includes the first 2 hours, hour (includes the first 2 hours, hour Page 15 of 18

KĀPITI COAST DISTRICT COUNCIL Engineering Fees Charges Effective 1 July 2014 (incl. GST) Subdivisions Fee Simple Unit Title Application Fee Consent Monitoring Fee Application Fee: - Up to 6 Unit Titles - 7 or more Unit Titles Consent Monitoring Fee $700 plus $30 per lot (includes the first 5 hours, hour $578 plus $340 per lot $700 per application (includes the first 5 hours, hour $840 per application (includes the first 6 hours, hour $578 plus $205 per unit Notified Subdivisions Up to 6 Lots or Unit Titles 7 to 12 Lots or Unit Titles 13 to 20 Lots or Unit Titles More than 20 Lots or Unit Titles Subdivision Application Deposit Subdivision Application Deposit Subdivision Application Deposit Subdivision Application Deposit Application Fee plus $926 (balance charged on time and material basis) Application Fee plus $1,158 (balance charged on time and material basis) Application Fee plus $1,389 (balance charged on time and material basis) Application Fee plus $1,620 (balance charged on time and material basis) Page 16 of 18

KĀPITI COAST DISTRICT COUNCIL Engineering Fees Charges Effective 1 July 2014 (incl. GST) Other Subdivisions Boundary adjustments (including cross lease variation) Second stage cross lease or conversion of cross lease to freehold Right-of-way Applications Other Application Fee per Application Consent Monitoring Fee per Consent (includes the first 2 hours, hour Application Fee per Application Consent Monitoring Fee per Lot Application Fee per Application Consent Monitoring Fee per Consent (includes the first 2 hours, hour (includes the first 2 hours, hour (includes the first 2 hours, hour Objection to Decision Variation to Consent Conditions Encroachment Licenses Plan Change Applications Easement New/Cancellation Specialist Consultants Application Fee per Application $140 per hour $140 per hour $140 per hour $140 per hour (includes the first 2 hours, hour Consultants Invoiced Costs Page 17 of 18