Purpose

This page provides information relating to applying for a resource consent for a proposal which cannot meet the height requirements.

District Plan

The height requirements are contained within the District Plan.  Council staff can advise you of the yard requirements with respect to your proposal.  The processes relating to these requirements are outlined in this booklet for your guidance.

What are Height Requirements?

Height requirements control the height of a building or structure.  Within the District Plan there are requirements relating to maximum height, and height in relation to boundaries (daylight angles).  The following diagram shows the applicability of the height requirements.

Height requirements are important in terms of protecting amenity values.  Height requirements can achieve:

• Avoidance of building dominating your neighbours property therefore promoting privacy.
• Separation from neighbours buildings, promoting the provision of daylight.
• Buildings of an appropriate scale in the surrounding environment.

What is a Resource Consent?

If your development proposal is not able to meet the height requirements then you will need to apply for resource consent.  This is the process whereby Council can approve your proposed development if it does not comply with the height requirements.  It is a formal application which you must make to the Ruapehu District Council. 

With respect to a proposal which does not comply with the height requirements, Council may either approve or refuse the application.

How to Apply for a Resource Consent

The first step is to complete a Resource Consent Application Form.  This can be obtained from the Ruapehu District Council.  The application must be accompanied by the appropriate application fee. There are two important pieces of information that must be provided when making a resource consent application for the reduction or waiver of the height requirements.  These are:

• A detailed description of the activity to be undertaken.  This includes a description in words, a site plan drawn to scale showing all existing and proposed buildings in relation to each other and the boundaries, and plans showing the elevations of the proposed building.
• An assessment of effects.  This assessment requires you to consider what effects your proposal will have on the environment.  Relevant matters to be considered include:
• Effects on the visual character of the area (i.e. will the increased height dominate the surrounding environment)
• Effects on the daylight received, particularly on neighbouring properties (i.e. will the increased height of your building block the amount of sunlight received by your neighbour and lead to shading)
• Effects on view of affected parties (i.e. will you block out the view of your neighbours)
• Effects on privacy (i.e. will increasing the height of the building affect either you or your neighbours privacy)

 

Consents

There are two ways Council can process a resource consent application, being non-notified or notified. 

Non-Notified Resource Consents

A non-notified resource consent application is dealt with without the opportunity for the general public to participate.  In reaching a decision a site inspection will be undertaken by Council staff, and a staff report prepared containing a recommendation on the application.  The final decision is made by the Chief Executive or his delegate.  A decision on a non-notified application will generally be made within 20 working days of receiving a complete application.

A complete application adequately addresses the matters set out in this booklet, and includes the required fee.
An application may be considered as non-notified provided the written consent of all affected parties is obtained and the effects on the environment are minor.  In the first instance Council is responsible for the judgement on these matters.  However, you will need to provide enough information to enable this judgement to be made.
With respect to height requirements, affected parties are those people adjacent to your property and any other person who may have their views affected or experience shading due to your proposal.  It is necessary that these affected parties sign a copy of the site plan for the proposal.

Notified Resource Consents

If the application is notified, the public have the opportunity to make written submissions to Council regarding the application.  You should receive a copy of these submissions.  In the event that either you or a submittor wish to present a case in support of the application or submission, or council determines a hearing is necessary, a public hearing will be held.  At the hearing you will have the opportunity to present a case in support of your application to the Hearings Committee.  The Committee will make the decision on the application.

If submissions to the application are received and a hearing needs to be held, the application will generally take between three to four months to process from receipt of a complete application.  This timeframe may be shortened if no submissions are made, or if all submittors do not wish to be heard.

Appeals and Objections

You have the right to appeal or object to the whole, or any part of, the decision made on a resource consent application (either notified or non-notified), including any condition imposed.  You may appeal the decision to the Environment Court or, in the case of a resource consent that was not notified, object to Council.  All appeals and objections must be in writing and made within 15 working days of Council’s decision being advised to yourself.