Resource consents and earthquake rebuilding works ViaStrada Ltd Jeremy Phillips

Outline Background Resource consents 101 Rebuilding works and consenting Changes following the quake Resource consent options Steps to follow What next? Q & A

Background Resource consents, development planning & traffic engineering: – Planners, traffic engineers/planners, environmental health – Responsiveness and direct relationship Private and public sector client base – Predominantly private sector work, but regularly engaged by Councils – We work with architects, building companies and building owners who are directly or indirectly interested in quake recovery and consenting – Close working relationship with CCC, WDC & SDC on consent processes and quake related response (including pending changes) Our response to the quake has been to stay on top of changes in anticipation of rebuilding work occurring and to identify ways of expediting consenting.

Resource consents 101 Compliant – Straight to building consent Non-compliant but identical to existing – Straight to building consent (existing use rights apply) Uncertain – Independent check (ViaStrada planner, architect, etc) – PIM check (application to Council) – Independent evaluation & assessment to accompany building consent (e.g., assessment by ViaStrada planner on existing use rights) Non-compliant – Obtain resource consent. ‘Like with like generally okay’

Resource consents 101 What needs resource consent? – Any activity in breach of a rule in a District Plan – Any activity reliant on a resource consent or existing use rights where change is proposed Different rules apply depending on: – The District & zoning – The particular activity/issues involved What is in a resource consent application? – Application Form (applicant and property details) – Plans, Certificate of Title, Fee – Assessment of Effects on the Environment (AEE) Description of what is proposed Description of why consent is required Assessment of effects and how these are avoided, remedied or mitigated Occasionally specialist reports (traffic, heritage, etc) or written approvals

Rebuilding works & consenting – Works affecting heritage buildings – Works in Special Amenity Areas – Earthworks (usually >0.5m depth/height or >7.5m 3 ) – Buildings or earthworks in proximity to waterways – Works within 10m of protected trees – Works in Flood Management Areas* What sort of quake related works might trigger consent? – New/replacement dwellings or buildings – Building remediation/repair/alterations in some cases – Land remediation and earthworks in some cases Specifically: – Replacement buildings or partial rebuilding, where the works breach a rule or the terms of an existing resource consent – Rebuilding old buildings built prior to current rules (too high, too big, too close to boundaries)

Changes following the quake Pending changes – Heritage- simplifying consenting – Urban design- for commercial rebuilding – Variation 48- building and earthworks in Flood Management Areas Status quo otherwise applies – Orders-in-Council unlikely for residential rebuilding – Council commitment to improve service and efficiency – Best option is to utilise existing efficiency measures and do everything within own control to improve the process Still some room for improvements Canterbury Earthquake Response and Recovery Act 2010 – RMA changes have focused on emergency measures, otherwise yet to deliver any meaningful change to status quo for applicants

Resource consent options Publicly notified or limited notified consents – Complex and advice needed on a case-by-case basis Non-notified – conventional – Consent application and information prepared on behalf of applicant – Council planner reviews application & prepares report/recommendation – Senior Council staff sign off on recommendation Non-notified- streamline (eligibility criteria apply) – Consent application and decision report/recommendation prepared in one document by ‘approved consultant’ on behalf of applicant – Senior Council staff sign off on recommendation Other options – Existing use rights, certificates of compliance, etc

Typical steps to follow 1.Identify the need for resource consent and most expedient and efficient way of progressing. Independent compliance check vs. PIM Identify best consent process / option 2.Coordinate and lodge resource consent Preparation of plans (site, floor, elevation plans of proposal, and existing plans wherever possible/available) Prepare consent application and AEE Obtain any written approvals required (all owners, occupiers, trustees, company directors, powers of attorney) Lodge with Council and monitor progress Review decision and conditions 3.Decision obtained, progress detailed drawings and progress building consent

What next? We perceive the most common resource consent issues for residential rebuilding will be: – Where someone takes advantage of the rebuilding process to change something – Catch-all rules (e.g., flood floor levels, Special Amenity Areas) – Heritage buildings How we can help: – Advice- compliance, consenting issues/risks, options/alternatives, improved procedures, Council liaison – Assessments- preparation of consent applications and AEE – Coordination – of consent process and participants (applicant’s ‘team’ of architects, building company, applicant, decision maker, etc; and Council personnel), and coordination of information, plans, etc – Consistency- results, standardised processes – Responsiveness & adaptability – direct point of contact with experienced, adaptable and results focused planners

Q&A 1.What happens if someone wants to do more than straight replacement? 2.What expectations for rebuilding and resource consents (typical works and likely proportion/number of resource consents required)? 3.What timeframes/trends anticipated? 4.What targets for consenting (time and costs) and what happens if a consent is limited notified? 5.How is project management of consenting envisaged to occur– handover to builders to sort, project teams, etc?

Thank you Jeremy Phillips, Senior Planner & Director Kathryn Stapleton, Senior Planner Andrew Fitzgerald, Planner Rhys Chesterman, Senior Traffic Planner