Transitional changes to resource consenting
s104(1A) - Out of scope effects
| s104(1A) out of scope matter | Examples of rules/provisions affected |
| Residential activities, excluding heritage | |
| Area of glazing | No specific provisions in plan |
| Presence or absence of balconies | No specific provisions in plan |
| Outdoor living space | Affects requirements for outdoor living space. Lack of or insufficient outdoor living space is no longer in scope (this predominately applies to multi-unit developments in Hanmer Springs) |
| Internal layout | No specific provisions in plan |
| Size of a residential unit | NES - Detached Minor Residential Unit maximum floor area Minor dwelling maximum floor area |
| Size of landscaped areas (except in relation to permeability) | No specific provisions in plan Plantings can still be required to manage effects Landscaping provided as mitigation as part of a proposal remains in scope. |
| All land use activities | |
| Negative effects on trade competition | No specific plan provisions |
| Effects on retail distribution | Woodbank South Business Park Area (as far as effects on Hanmer Springs township business area) |
| Lack of demand for, or financial viability of a project | No specific plan provisions |
| Type of residents to be housed in a new development | Captures the type of residents to be housed by a development. Provisions that distingush between different types of residential activity are still in scope, e.g. visitor accommodation. |
| Views from private property | No right to 'protection of private views' Outlook space and visual dominance remain in scope. |
s104AA - Permitted activity notice for out of scope effects
Where proposals only breach a rule/s that are out of scope under the new s104(1A), the Council will be able to issue a s104AA notice stating the activity is permitted and does not need a resource consent. These notices have a five year lapse period.
- For building consent applications, we will include it in the PIM / development report.
- If a resource consent application is submitted for only these rules, we will issue a permitted activity notice instead.
Please note we expect there to be very few circumstances where a s104AA notice would be issued.
Current applications lodged before 30 October
Resource consent applications lodged but not decided before 30 October must continue to be processed under the current RMA provisions as required by schedule one, clause 18 of the Planning Act. This means that applicants wanting to take advantage of the new provisions will need to withdraw and resubmit their application after that date. The new provisions won't make a difference to all applications so this is optional.
To withdraw and resubmit:
- Ask the processing planner for your application to be withdrawn and re-lodged using the same documents already provided, or replacement documents if you would like to amend the application.
- Identify the effects you believe are out of scope, and the corresponding provisions of the District Plan.
The application will be given a new processing number and the processing clock will restart. You will not need to pay a new fee, however, where substantial changes are made, the processing officer may advise you that where additional processing above what the fee provides is required, this will be charged at time/cost.
If you're not sure what the new provisions mean for your application check your planning consultant or the processing plan planner for your application.
Changes to consents granted before 30 October
Existing resource consents granted before 30 October 2026 may include conditions relating to matters that would be out of scope if the consent were reapplied for after that date.
We suggest you seek advice from your planning consultant prior to making an application to change the conditions of your consent.
