If you have a Resource Consent approaching its expiry date and the activity is ongoing, then it’s worth putting some thought into the Resource Consent renewal process. A thorough renewal plan will put you on the front-foot and help to save both time and money.
When do you need to start preparations?
Ideally, planning would start at least 18 months before the Resource Consent is due to expire. For more complex activities or those which have grown in nature and scale, the lead time may need to be up to five years before the Consent’s expiry date.
It’s worth noting that s124 of the Resource Management Act allows a consent holder to continue to exercise their existing consent until a new consent is granted or declined and all appeals determined, provided the new application is lodged with the Council at least six months before the expiry of the existing consent. Calculating this date based on your Resource Consent’s expiry date is absolutely essential in the Resource Consent renewal process.
What should you consider in your preparations?
There are several elements to consider as you head into a Resource Consent renewal process:
- Do you understand the Regional and/or District Plan requirements and how your activity complies, or not, with these?
The Plan requirements may have changed since you last applied for the Resource Consent and as such, the classification of your activity may have changed. This has implications around the level of information that will be required in the application.
- Do you understand the applicable requirements of other relevant legislation such as a National Environmental Standards, National Policy Statements, and relevant Iwi Management Plans?
- Are you compliant with all the requirements of your existing consent?
If so, are there records available to demonstrate full compliance? If you’re not fully compliant, what actions do you need to take to achieve full compliance?
- Do you hold suitable monitoring data?
The data should be readily accessible, accurate and in a usable format.
Depending on the nature and scale of your activity, monitoring data above what is stipulated by your current consent may be required to prepare a suitable Assessment of Environmental Effects (AEE). An inadequate AEE can result in delays in the processing of your application and increased costs.
- Have you discussed your proposal with potentially affected parties?
Depending on the nature of your activity, this may include neighbours, tāngata whenua and interest groups. Records should be kept of discussion and consultation which is completed.
Who can support you through the Resource Consent renewal process?
Staff members, typically Duty Planners, at your Regional or District Council will be able to provide general guidance on what needs to be included with your application, the process that it may take, the level of consultation which is considered appropriate, any site-specific features which need to be considered and if specialist assessments (e.g. landscape architects, traffic engineer) may be required.
For more significant or complex activities, it may be appropriate to have a pre-application meeting with Council staff to discuss any specific requirements, expectations or concerns they may have in relation to your application.
If you’re still unsure, whether it be a need for guidance on exactly what’s required or help with preparing an application to renew your Resource Consent, WM Environmental can help you through the planning and Resource Consent renewal application process. Our team has extensive consenting experience and can support you in preparing for an upcoming Resource Consent renewal to ensure that potential interruptions to your operations are minimised.
Posted: 1 September 2020