Resource consent – affected party approval
Notes to Affected Party
Why have I been asked for my written approval?
You have been consulted and/or asked to give written approval to a proposal, because you are the owner/occupier of a property, that
may be adversely affected by a proposal requiring a resource consent. This gives you the opportunity to consider the proposal and
decide for yourself if its affects are acceptable to you or not.
What should I do if asked to sign an affected person’s approval form?
Ask the applicant (or their agent) to explain the proposal clearly and fully to you.
Study the application and associated plans provided in order to understand the effects (if any) that the proposal may have on
you. Ask for time to consider the proposal if you think you need it.
You are entitled to ask the applicant for more information but you should make a decision about whether or not you will sign
the form.
Can I ask for changes to the application?
You can ask an applicant to change their proposal e.g. reducing the hours, providing screening so that any possible effects on you are
avoided or reduced. If the applicant is willing to do this, you should only give your written approval to the amended proposal and
plans.
Can I put conditions on my written approval form?
No, Council will not accept conditional approvals.
If you are only willing to sign the written approval form subject to some other conditions being made, this will need to be a separate
civil agreement or undertaking between yourself and the applicant. Council has no responsibility to ensure that such agreements are
satisfied.
What should I do next? (Select one)
1. Sign the written form and sign and date a copy of the application form, if the proposal is acceptable to you.
You should return the signed form and documents to the applicant or their agent.
If you give your written approval, under Section 104(6) of the Resource Management Act 1991, when Councils considers the
resource application it will not take into account any effects the proposal may have on you.
If you change your mind after signing the form:
At any time before the notification decision is made on the resource consent application, you can write or email Council to
withdraw your approval. You will also need to let the applicant know.
Once the resource consent is granted you cannot retract it.
2. Do not sign the form if you consider that you are adversely affected and do not want to sign it.
You are not obliged to give written approval.
Nor are you obliged to explain your reasons, but it is helpful to the applicant if you do.
If you choose, you can also let the Council know so that your refusal can be recorded.
If you do not give your approval, the application may be notified and you will have the right to make a formal submission.
For more information, please contact the Duty Planner on 07 306 0500 or email planning@whakatane.govt.nz