KCDC Meeting: Resource Consent Notification & Public Interest

Held: Monday 24th September 2024. Live Streamed.

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• Council staff updated councillors on when an application must be notifiable.
• There is four options for notification; 
• 1) no-notification - if the application will have a no more than minor adverse effect on environment and there are considered to be no adversely affected persons. 
• 2) limited notified - if specific persons will be adversely affected and do not provide written approval. 
• 3) publicly notified - if the application adversely affects the wider environment including broader community, to a more than minor extent and 
• 4) special circumstances which are out of the ordinary, unusual and public opinion is a contributing factor but not determinative. 
• Councillors ultimately struggled with the term, "more than minor" given nearly all consents in Kapiti district are processed as option 1, no-notification. As of today 0.53% of applications are not notified - quite unbelievable given the number of major developments happening throughout our community. All consents that are limited, public notified are on the KCDC public notices. 
• Developers should approach neighbours if they want to apply and successfully get an application non-notifiable, provided all neighbours accept and sign agreement the development plans  (In Otaihanga only a handful of Teiko Street right of way residents have given approval).
• If neighbours are not approached or do not give their written approval, the application must be at least limited notifiable.
• Developers required by the Council to contact GWRC (Greater Wellington Regional Council) and local iwi as affected parties must obtain written approval and support for the development. If they don't their application goes on-hold until they do. 
• Anyone can apply for a judicial review if they disagree with the outcome/consent being granted, including the local community, neighbours, or the developer if rejected.
• There is a high cost associated with judicial reviews, but they can make or break a development.
• Local residents who do not wish to accept or object to the Council's decision on issuing a consent will need to apply for a judicial review or object (different process, same end result being a judicial review).
• Councillors were given examples of judicial reviews, such as 240 Kapiti Road, a horse paddock where they plan to build 135, 2 story townhouses, which caused delays for a couple years. (dismissed in high court)
• Most developers do not proceed with their application if a judicial review is applied for due to the high costs involved however larger developments with bigger bankrolls often do. 
• If the court sets aside a decision, the developer will need to lodge a new resource consent or appeal.
• Notification by Special Circumstance is an important consideration, especially for Mansell Develop, given some residents are threatening legal action against Kāpiti Coast District Council (KCDC).
• The council must make sensible and prudent decisions that benefit the whole community, not just developers focused on profit.
• The land in question was rezoned under the Intensification Plan Change, specifically Plan Change 2 (PC2).
• Notably, all KCDC Councillors voted to reject the recommendations of the Independent Hearing Panel, except for Councillor Liz Koh and Councillor Martin Halliday, who voted in favour.
• The council’s rejection was overruled by former Minister for the Environment MP David Parker (read this) and can't be appealed. 
• The National government recognises flaws in the PC2 framework and is developing the Going for Housing Growth Policy, which aims to replace the Resource Management Act.
• As part of this reform, the National Government plans to review decision-making processes across the system to improve efficiency and effectiveness.

It’s quite an eye opener watching council meetings. We encourage you to watch this replay above. 

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Disclaimer: All information, photos and development data is found in the public domain and/or via the consents process at the Kapiti District Council. Views and opinions expressed are those of Otaihanga residents. 

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