Notify us about an activity that may now be permitted (s104AA)

The Government has made a change to the Resource Management Act that means some types of District Plan provisions can no longer be considered when making decisions on resource consent applications.

Alongside this change, the Government has introduced a new process to reduce the need for unnecessary resource consents. This process allows us, at our discretion, to issue a permitted activity notice where the only rule infringed by an activity relates to a matter that can no longer be considered in resource consent decision making.

We may use this process when considering your application for a Project Information Memorandum, Building Consent or Land Use Consent.

Alternatively, you can notify us if your activity infringes a rule that you think may qualify for this process. If we agree, we will issue a permitted activity notice.

We recommend that you engage a planning consultant to prepare your notification, as the requirements are technical.

We have identified an initial list of rules in the Whangārei District Plan that are likely to be impacted by this change. We may make updates to this list as we work through the changes.

District Plan

By email

Step 1.Prepare information

You will need to provide the following:

  • a covering letter describing the site and what you propose to do, and the rule you believe may qualify as a permitted activity.
  • plans of the site where the activity is to occur, showing the height, shape, and location of the proposed activity relative to the boundaries of the site
  • a record of title (including copies of registered interests). This must be a recent search copy issued within three months of making your application.

Step 2.Email us

Email your information to:

Email: ConsentsAdmin@wdc.govt.nz

Step 3.Assess information

When we receive your information, we will check it for completeness and whether what you propose to do meets the requirements for us to issue a permitted activity notice.

If you have not provided enough information, we will contact you.

If your information does not meet the requirements for us to issue a permitted activity notice we will return it to you.

Step 4.Fees

We are not currently charging a fee for this process. We may review this in the future.

Step 5.Issue of permitted activity notice

If your information meets the requirements, we will issue you a permitted activity notice within 10 working days of receiving all the information we need.

In-person

Step 1.Prepare information

You will need to provide the following:

  • a covering letter describing the site and what you propose to do, and the rule you believe may qualify as a permitted activity.
  • plans of the site where the activity is to occur, showing the height, shape, and location of the proposed activity relative to the boundaries of the site
  • a record of title (including copies of registered interests). This must be a recent search copy issued within three months of making your application.

Step 2.Bring into us

Bring your information into one of our Customer Service Centres:

Te Iwitahi (civic centre)
 9 Rust Avenue, Whangārei
Hours: Monday to Friday – 8:00am to 4:30pm
Closed public holidays

Ruakākā service centre 
9 Takutai Place, Ruakākā
Hours: Monday to Friday – 8:30am to 4:00pm
Closed public holidays

Service centre at isite
92 Otaika Road, Raumanga
Hours: Monday to Friday – 9:00am to 12:00pm and 12:30pm to 4:30pm
Closed public holidays

Step 3.Assess information

When we receive your information, we will check it for completeness and whether what you propose to do meets the requirements for us to issue a permitted activity notice.

If you have not provided enough information, we will contact you.

If your information does not meet the requirements for us to issue a permitted activity notice we will return it to you.

Step 4.Fees

We are not currently charging a fee for this process. We may review this in the future.

Step 5.Issue of permitted activity notice

If your information meets the requirements, we will issue you a permitted activity notice within 10 working days of receiving all the information we need.

By post

Step 1.Prepare information

You will need to provide the following:

  • a covering letter describing the site and what you propose to do, and the rule you believe may qualify as a permitted activity.
  • plans of the site where the activity is to occur, showing the height, shape, and location of the proposed activity relative to the boundaries of the site
  • a record of title (including copies of registered interests). This must be a recent search copy issued within three months of making your application.

Step 2.Post to us

Post your information to:

Whangarei District Council
Private Bag 9023
Te Mai
Whangārei 0143

Step 3.Assess information

When we receive your information, we will check it for completeness and whether what you propose to do meets the requirements for us to issue a permitted activity notice.

If you have not provided enough information, we will contact you.

If your information does not meet the requirements for us to issue a permitted activity notice we will return it to you.

Step 4.Fees

We are not currently charging a fee for this process. We may review this in the future.

Step 5.Issue of permitted activity notice

If your information meets the requirements, we will issue you a permitted activity notice within 10 working days of receiving all the information we need.

Types of District Plan provisions impacted by changes

For residential activities (except where historic heritage is involved):

  • the area of glazing
  • the presence or absence of balconies
  • outdoor living space
  • the internal layout
  • the size of a residential unit
  • the size of landscaped areas except, in relation to permeability.

For any district land use activity:

  • negative effects of development on trade competition, including on competing providers of input goods and services
  • effects on retail distribution
  • for a project, any lack of demand for the project or whether the project is financially viable
  • the type of residents to be housed in a new development
  • views from private property.

Other ways we may issue a permitted activity notice

If you have applied for a Project Information Memorandum, Building Consent or Land Use Consent and the only rule infringed relates to a matter that can no longer be considered, we will issue a permitted activity notice.

We are not currently charging a fee for this process. We may review this in the future.

Building Consent

If we identify during processing that the building work infringes a rule that can no longer be considered, we will issue a permitted activity notice. In this scenario, we will endeavour not to place a restriction on starting building work.

Land Use Consent

When we receive an application for Land Use Consent, we will check for any rule infringements that can no longer be considered.

Where the only rule infringed relates to a matter that can no longer be considered, we will return the application to you and issue a permitted activity notice.

Enquiries

Use our online forms to get help understanding what planning consent is required.

Enquire online

Book a 20-minute duty planner appointment by phone.

Phone:  09 430 4200

Have a Resource Management Reform or Planning Act question?

Email:  PlanningAct@wdc.govt.nz

Planning consultants

Seek the advice of a planning consultant.

Planning consultants directory

How a planner can help

Back to top