Can conditions be imposed?
Yes, a land use consent can be granted to you with conditions imposed which may require you to undertake works or provide evidence that works have been completed, such as providing on-site car parks.
Conditions are set with the aim of reducing any potential adverse effects created from your activity and to protect or enhance the environment. They also help to ensure that the consent we give you will operate in line with the information you supplied with the application and your intent.
Examples of consent conditions
Conditions on a consent may include things like landscaping, providing car parks, requirements for you to measure noise levels or to give us information at a certain period.
They may be actions you have to take before you can start developing, like paying a bond to cover the estimated value of reinstatement work before relocating a house.
They can also be actions you have to take before a building or a site can be occupied, like forming, sealing and marking a car parking area, or building a 1.8m tall, closely boarded fence. These types of conditions will usually be followed by others covering the ongoing operation of a proposal, like restricting operating hours or setting noise limits.
What is consent monitoring?
Consent monitoring is done to check whether you are exercising a consent in accordance with its limits and conditions, and also to check on its environmental effects. This relates to monitoring the extent to which your activities comply with conditions of resource consents or rules in the District Plan.
If the conditions imposed require inspection by a monitoring or planning officer, they will visit the site and check compliance with the consent. If the site check confirms compliance, the Council will issue you with a performance certificate stating that the building or site can be occupied and the activity can commence.
If monitoring is required, you will have paid a monitoring fee when the consent was issued. For any subsequent monitoring of the conditions of this consent, the fee charged will be the fee applicable at the time of monitoring, and will be charged on each additional site check or hour of work undertaken until full compliance with consent conditions is achieved.
Why do we monitor?
There are two main reasons why Councils monitor.
Under the Resource Management Act 1991, Councils have to monitor the exercise of resource consents, compliance with conditions of the consents and the impact on the environment.
Once you obtain a consent you enter into a formal contractual relationship with Council on behalf of the ratepayers of Palmerston North, and they expect Council to monitor and check compliance on their behalf.
Are there charges for monitoring?
Yes, you pay a $298 monitoring fee for a non-notified resource consent or $596 for a limited or fully notified consent at the time a resource consent is granted. This covers the cost of monitoring your compliance with the conditions. In addition there is the cost of officer time spent on compliance matters.
Can additional charges be made for not meeting my consent conditions?
It is important that you comply at all times with the conditions of your consent. Additional monitoring charges will apply where you don't meet the conditions of consent and create a need for additional site visits and inspections. A further fee will be payable by the consent holder for the third and any subsequent monitoring inspections if any non-compliance with the conditions of this consent are discovered as a result of monitoring. This fee is set in accordance with Section 36(1)(c) of the Resource Management Act 1991 and Section 690A of the Local Government Act 1974.
Currently the monitoring fee is $149 per inspection (including GST). This amount may alter in the future if fees are reviewed. The monitoring fee charged will be the fee applicable at the time of monitoring, and will be charged on each additional inspection necessary until full compliance with consent conditions is achieved.
What happens when I cannot comply with my consent conditions?
Contact us. The Council is keen to work alongside you to resolve any difficulties that may arise.
The Resource Management Act 1991 grants Councils a number of enforcement mechanisms to deal with non-compliance, including infringement and abatement notices, enforcement orders and prosecution. We will use any of these we consider appropriate.
The maximum fine under the Resource Management Act 1991 is $200,000 or imprisonment for up to two years. If the offence continues, a fine of $10,000 per day may be imposed for every day the offence continues. Apart from any fine, you may be required to contribute to or pay all of the costs of enforcement action taken.
- Affected persons approval form 2.2MB pdf