What is a Publicly Notified Resource Consent?

Navigating New Zealand’s resource consent process is a critical step for developers and building industry professionals aiming to comply with the Resource Management Act (RMA) 1991. Among the three types of resource consents, publicly notified resource consents are the most complex, involving extensive community engagement. This article explains what a publicly notified resource consent is, how the process works, and how to maximize your chances of securing council approval for your project.

Understanding Publicly Notified Resource Consents

A publicly notified resource consent is required when a proposed activity, such as a large-scale development or industrial project, is likely to have significant environmental or community impacts, as outlined in sections 95A–95G of the RMA. Examples include quarry developments or major subdivisions that may affect air quality, traffic, or local ecosystems. Public notification ensures transparency by allowing anyone in the community to review and comment on the proposal.

Why Public Notification?

• Significant Impact: Projects with broad environmental or social effects, like Selwyn District Council’s quarry application (RC235522), trigger public notification.
• Community Engagement: The process allows stakeholders, including residents and environmental groups, to voice support or concerns.
• Legal Requirement: Councils must notify if impacts cannot be mitigated or if written approvals from affected parties are not obtained.

Takeaway: Publicly notified consents are reserved for high-impact projects, requiring careful planning to address community concerns.

The Public Notification Process

The process for a publicly notified resource consent is rigorous and involves multiple steps:

1. Application Submission: Submit a detailed application to your local council, including an Assessment of Environmental Effects (AEE) outlining the project’s impacts and mitigation measures.
2. Council Review: The council assesses whether the project meets public notification criteria under RMA section 95A (e.g., significant effects or public interest).
3. Public Notification: The council advertises the application in newspapers, on its website, or via public notices. The submission period typically lasts 20–25 working days but can vary outside of this range.
4. Submissions: Anyone can submit feedback, supporting or opposing the project. Submitters may request to speak at a hearing.
5. Hearing: A public hearing, often led by independent commissioners, reviews submissions and evidence. Applicants can present their case and respond to concerns.
6. Decision: The council issues a decision, which may include conditions to address concerns. Processing typically takes 3–6 months, but this can vary greatly depending on complexity.

Takeaway: The process is time-intensive and costly due to hearings and legal fees. Early preparation and stakeholder engagement are key to reduce delays.

How to Apply for a Publicly Notified Resource Consent

To improve your chances of securing a publicly notified resource consent, follow these steps:

1. Conduct a Thorough AEE: Prepare a comprehensive AEE that identifies all potential environmental and community impacts. Include robust mitigation plans to address concerns, such as noise or traffic management strategies.
2. Engage Stakeholders Early: Consult with community groups, iwi, and neighbors before submitting your application. Addressing concerns upfront can reduce opposition.
3. Schedule a Pre-Application Meeting: Meet with your council to clarify requirements and anticipate notification triggers. “Pre-application meetings are invaluable for aligning expectations,” says Jane Smith, a senior planner at Auckland Council.
4. Hire RMA Experts: Engage environmental consultants or RMA planners to ensure your application complies with legal standards and addresses council priorities. LG Consulting can assist you with this process.
5. Prepare for Submissions: Anticipate public feedback and develop clear, evidence-based responses to potential objections, such as environmental studies or traffic impact reports.
6. Use Clear Documentation: Provide detailed plans, maps, and visuals to make your application easy to understand. Ensure accessibility with clear, concise language.

Takeaway: A well-prepared application with strong stakeholder support can streamline the public notification process and improve approval chances.

Tips for Success

• Be Proactive: Engage with the community early to build support and reduce objections.
• Leverage Data: Include statistics, such as projected environmental benefits (e.g., reduced emissions through modern technology), to strengthen your case.
• Stay Transparent: Clearly communicate your project’s benefits and mitigation plans in public notices and hearings.

Takeaway: Transparency and preparation are key to navigating the public scrutiny of a notified consent successfully.

Conclusion

A publicly notified resource consent is a complex but necessary process for high-impact projects in New Zealand. By understanding the process, preparing a thorough application, and engaging stakeholders early, you can increase your chances of council approval. For expert guidance drafting and lodging your consent, reach out to our team at LG Consulting today.