When working alongside our clients we are often asked the question:
“Do I need to consult with my neighbour and get their permission?”
There are two answers to this question – the PRAGMATIC answer, and the official answer.
- The PRAGMATIC answer is – YES! Of course you should consult with your neighbour(s) when planning to undertake a development on your property.
Think of it this way – if your neighbour was planning to construct something on their land – even if it was allowed by the Planning Rules – would you prefer to find out over a coffee…or by the sudden appearance of construction workers?
We have seen early consultation with neighbours prevent SO MANY issues and frustrations up-front prior to serious money being spent on the development. It is much easier to change lines on paper than it is to re-locate physical buildings!
In one particular case one of our clients was planning to construct a new ‘Goldpine’ barn-style shed in a particular location on their property. When discussing the project with their neighbour they discovered that constructing the shed in their planned location would result in significant shading for their neighbour’s sleep-out. The client was happy to move the location of the shed just 10m – it made little difference to the overall success of the project. The result? A GREAT functional shed + happy neighbours. At Pragmatic Planning we call this result WINNING.
Early consultation = Less risk for the owner of the project.
We hear many of you saying – “But if we tell our neighbours there is a higher chance they will object!”
FACT – They can only ‘object’ to the Council if their development requires resource consent (this will be explained further below). If you do not require a resource consent it is not possible for them to officially object. True story.
FACT – Even if you do require a resource consent the Council will determine whether or not they are truly ‘affected’. If not – you will likely be granted consent without having to consult them further. Done and dusted.
2. The OFFICIAL answer is…. still….YES!
Consultation prior to lodging a resource consent application is not mandatory under the Resource Management Act (RMA). However it is encouraged and the RMA requires you to outline any consultation undertaken in your initial application.
If your activity is ‘Permitted’ under the District Plan – you do not require a resource consent. This means that there is no chance for the neighbours to object. If they are not happy with your project – tough luck to them. BUT as explained above – so many future issues can be resolved with just a quick chat over the fence.
If you do require a resource consent – the Council will consider whether any person (i.e. neighbour) is adversely affected by your proposal to a noticeable degree. Even if your neighbour is objecting – if the Council determines that your proposal will not affect them – consent is granted without the need for further consultation.
Let’s say that you need a resource consent and do the pragmatic thing by consulting with your neighbours. If they are happy you can ask them to sign an ‘affected party approval’ (click for the standard Council form) and sign a copy of the plans. When you submit this with the resource consent application the Council will disregard all effects on that neighbour – meaning less report writing and inherently less cost to you.
If you do not consult with your neighbours and lodge a resource consent application – the Council may consider a person to be adversely affected and ask for their written approval – or push the application down a ‘limited notification’ path (not ideal….)
Remember – ‘do unto others as you would have them do unto you’.
Early consultation = WINNING