A resource consent exemption process is available for proposals that only infringe District Plan boundary rules and where written approval has been obtained from the neighbouring owners. This is referred to as a permitted boundary activity.
If the proposal complies with all other rules in the District Plan and all of the required information is submitted to the Council, the proposal is a permitted activity and a resource consent is not needed under the District Plan.
A boundary rule is a rule controlling the size or position of a building or structure in relation to the boundary of an adjoining property.
The boundary must not adjoin public land owned by the Council, Environment Canterbury or the Crown. Some examples of public land are roads, rail corridors, waterways, parks and reserves, libraries, public schools, police stations, and other government properties.
A permitted boundary activity can infringe more than one boundary rule.
For a proposal to be eligible for the permitted boundary activity process the following information must be provided:
If your application is complete and the activity is permitted, we will confirm this in writing within 10 working days.
Please note that the Council is not able to request further information for this type of application. Incomplete applications will be returned, and need to be resubmitted in full. Submitting a complete application will help to reduce the time and cost involved in processing your application.
For this exemption process, written approval is required from the adjoining owners regardless of the size and location of the infringement. If your development infringes a boundary rule in a way that means the neighbour is not likely to be affected, you may wish to apply for a resource consent instead.
The permitted boundary activity process is only an exemption from resource consent under the District Plan. Some proposals may still need a resource consent under a National Environmental Standard, for example, where the land has been contaminated by previous hazardous activities.
You are also likely to need a building consent to confirm that the work complies with the Building Act 2004 and the building code.
More information about the permitted boundary activity process is available on the Ministry for the Environment website(external link), including a guidance document with examples of boundary rule infringements.