Information on affected persons.
Who is an affected party / person and how?
We determine who, or if anyone, may be adversely affected by a proposal. When deciding who is affected, we have to consider what the District Plan was trying to do.
The range of affected parties' consents required depend largely on the issue involved. Each application has to be considered independently as the circumstances of each application are different. In most cases the applicant will have to get consent from both the owner and the occupier of a property.
What should I do if I am considered as being affected?
If we have decided that you may be adversely affected by a proposal on an adjoining or nearby site, the applicant must get your written approval. If you are approached to sign an approval form, make sure you understand both the form and the proposal before you sign it. We can't take into account any adverse effects the proposal may have on you and your property if you have signed the written approval form.
If you are unsure about your rights as an affected party or would like more information about the proposal, you can talk to us.
What if I support the application?
If you support the application, sign the approval form. It is important that you look at detailed plans of the proposal, the application and the assessment of effects. The applicant, or the agent on the applicant's behalf, must show you all these documents.
We suggest that you sign all the information presented to you. This is a safeguard for you so that you are quite clear on what you are agreeing to and we can be assured that the applicant has presented us with the plans that you have seen and agreed to.
Can I change my mind?
Yes. If you decide to withdraw your written approval, you may do so before we have considered the application. It may mean the application has to be notified.
To withdraw your approval, call or visit us. You should also send in a brief letter recording the withdrawal of your written approval.
What if I decide not to support the application?
If you do not want to give your written approval to the proposal, you do not have to. There is no compulsion to give your approval, nor is there a certain timeframe in which you must decide. If you are given a date to respond by, that is usually for the applicant's convenience, and is not a binding time limit. If you need more time to think about the proposal, you are in your rights to do so.
What will happen if I do not give my written approval?
If you do not give written approval, and the applicant is not prepared to change the proposal, it is likely that the application will be notified. A notified application is of greater expense to the applicant and takes longer to process. This should not affect your decision.
Can I discuss options with the applicant?
Yes. You may be able reduce the impact of the changes on you and your property. There are two common ways of doing this:
- By getting the applicant to amend their plans or proposal accordingly before signing the approval form.
- By entering into a written agreement with the applicant. These are often referred to as side agreements.
Information for applicants - what do I need to do?
We will identify possibly affected parties. You must get all of these parties to sign a written approval form and initial all documents relating to your application. This minimises the risk of the affected person accusing you of misrepresenting your application.
As an applicant trying to obtain a neighbour's written approval, try and put yourself in their shoes. This may help you appreciate the concern that some neighbours may have. It is important to listen to people's reasons for withholding their written approvals. Sometimes you will be able to change your proposal in a way that will meet their concerns as well as your objectives.
Alternatively, you may reach a written agreement outside the consent process. These are often referred to as side agreements.
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