What does being an affected person mean?
If you're an affected person, the applicant for resource consent might ask you for your written approval for the activity. If an applicant gains the written approval of all affected persons, and the potential effects from the activity are less than minor, the council will probably not provide anyone with an opportunity to make a submission on the proposal. The application becomes what is called 'non-notified'. Non-notified applications are faster and cheaper for the applicant.
If an applicant gains written approval from some (but not all) affected persons and the potential effects from the activity are minor, the council will provide all affected persons with the opportunity to make a submission on the proposal. This is sometimes called a 'limited notified' application.
Applicants are usually keen to get written approval from affected persons, so the application can be processed more quickly and at less cost.
Remember, if the council believes that the effects of the activity are more than minor, the application will be publicly notified whether or not affected parties give their written approval. In this situation, anyone can make a submission on a publicly notified application - you don't have to have been identified by the council as an affected person.
Whether an application is publicly notified, non-notified or notified just to affected persons is a complicated business. It partly depends on what the regional or district plan says and partly on the council's opinion about the likely effects of the activity. The RMA sets out a number of legal tests that the council must consider.
If you're an affected person you:
- may be asked by an applicant to give written approval to an application for a resource consent that affects you
- don't have to give written approval if you are unhappy with what is being proposed
- are entitled to make a written submission to the council on an application if you, or any other affected party, decide not to give your written approval.
