Navigating Resource Consents & Earthquake Rebuilding Works: A Comprehensive Guide

1. Resource consents and earthquake rebuilding works ViaStrada Ltd Jeremy Phillips

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

3. 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.

4. 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’

5. 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

6. Rebuilding works & consenting • 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) • Works affecting heritage buildings • Works in Special Amenity Areas • Earthworks (usually >0.5m depth/height or >7.5m3) • Buildings or earthworks in proximity to waterways • Works within 10m of protected trees • Works in Flood Management Areas*

7. Changes following the quake • 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 • 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

8. 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

9. Typical steps to follow • Identify the need for resource consent and most expedient and efficient way of progressing. • Independent compliance check vs. PIM • Identify best consent process / option • 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 • Decision obtained, progress detailed drawings and progress building consent

10. 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

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

12. Thank you Jeremy Phillips, Senior Planner & Director jeremy@viastrada.co.nz Kathryn Stapleton, Senior Planner kathryn@viastrada.co.nz Andrew Fitzgerald, Planner andrewf@viastrada.co.nz Rhys Chesterman, Senior Traffic Planner rhys@viastrada.co.nz www.viastrada.co.nz