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Deemed Permitted Activities

Overview

Even if a rule(s) in a plan is infringed, the following two types of activities are exempted from needing to apply for and obtain resource consent:

  1. Deemed Permitted Boundary Activities; and
  2. Deemed Permitted Marginal or Temporary Activities

Deemed permitted boundary activities

Deemed Permitted Boundary Activities are activities where:

  • one or more internal boundary rule(s) is not met; and
  • no other District Plan rules are infringed; and
  • the correct information is provided; and
  • written approval of the relevant neighbour(s) is provided.
Process

There are two processes for Deemed Permitted Boundary Activities:

The Deemed Permitted Boundary Activity process is mandatory and must be followed when an application meets the criteria.


Deemed Permitted Marginal or Temporary Activities

Deemed Permitted Marginal or Temporary Activities are activities that council has decided, at their discretion, there is a marginal or temporary rule breach. In making such a decision, the following criteria must be met:
  • a marginal or temporary non-compliance with the District Plan rules only; and
  • no other District Plan rules are infringed; and
  • the effects of the activity must be no different in character, intensity, or scale than they would be in the absence of the rule breach; and
  • there are no affected parties.

Note: The term 'marginal' and 'temporary' is not defined; the way these terms are applied will depend on the context of the situation and will be determined on a case-by-case basis.

Process

The process for deeming a ‘marginal or temporary’ activity to be permitted is entirely at the discretion of the consent authority, meaning if an activity meets the criteria, Council has full discretion in whether to deem the activity as a permitted activity or proceed with a resource consent.

Publish Date: 27 Nov 2017