You don't have to sign
You might be quite happy about the proposed activity, and give it your written approval. But you don't have to sign if you're not sure. The applicant would usually like you to sign so the application won't be notified. The decision is up to you.
Can I ask for changes?
Yes. If you'd be happy to give your approval to the application after some changes, you can ask the applicant to amend the documents and bring them back for you to sign. These amendments might involve, for example, changing the position of a driveway, altering the height of a building extension, or moving a discharge point in a stream.
If you ask for amendments:
- make sure you're signing the amended version of the plans, application form, and the AEE
- make sure the affected person approval form refers to the amended documents, not the originals
- make sure all the plans and drawings indicate which version they are and when they were modified
- initial every page of the documents you're signing, so it's clear to the council that these are the versions you've seen and approved
- - make sure you date your signature.
Some changes or conditions could be dealt with through a side agreement (see Can I bargain about other things? on page 10).
Can I give conditional approval?
No. Most councils don't accept conditional approvals. Conditional approval means that you write on the plans something like: 'I give my approval on the condition that the driveway is moved half a metre to the right of the boundary'. The council will probably treat this as non-approval, and will notify the application to all affected persons or ask the applicant to re-obtain your unconditional approval.
If you want changes ask the applicant to amend the application documents and sign the amended copies. This will give you more certainty about what will happen and will mean that this is what the council will be considering.
Can I bargain about other things?
Discussions over obtaining written approval may lead you to reach a private agreement, sometimes called a side agreement, with the applicant. For example, a side agreement might include:
- a neighbour wants to build an additional storey on their house. Your agreement may be that they pay for opaque glass to be installed in your bathroom window to protect your privacy
- a neighbour wants to double the size of a garage on your property boundary. Your agreement may be that they will seal the driveway that you both share
- an applicant wants to establish a transport depot next door. Your agreement may be that they build a close-boarded fence along your common boundary to absorb the noise of moving trucks.
A side agreement is useful for sorting out disagreements or potential disputes without involving the council or the courts.
A side agreement might also be called a letter of undertaking, or a deed of agreement.
There are no limits to what you might ask for in a side agreement. But to be fair, you should think about how you might be affected and limit what you might request to things that might reduce or remove that effect.
A side agreement is a private matter between you and the applicant. It has nothing to do with the council. The council won't enforce it for you and will not get involved if you can't reach agreement. If you're worried about what you're being asked to agree to, think about getting legal advice before you sign a side agreement.
