A client wants to build a two-story house on a residential section. The district plan allows buildings up to 8 meters high, but their proposed house will be 10 meters high. What do they need to do?
Correct Answer
C) Apply for a resource consent (likely discretionary activity) and then a building consent
When a proposed development breaches district plan rules (like height limits), a resource consent is required before a building consent can be obtained. The activity classification depends on the specific district plan rules, but height breaches often require discretionary consent, followed by a building consent if the resource consent is granted.
Why This Is the Correct Answer
Option C correctly identifies the two-step process required under the RMA. When the proposed 10-meter house exceeds the 8-meter district plan limit, it breaches permitted activity standards and requires resource consent first. Height breaches typically classify as discretionary activities, requiring full assessment of environmental effects. Only after obtaining resource consent can the applicant proceed to apply for building consent under the Building Act 2004. This sequential approach ensures compliance with both environmental and building standards.
Why the Other Options Are Wrong
Option A: Apply for a building consent only
Building consent alone is insufficient because the proposal breaches district plan height limits. Under the RMA, building consent cannot be granted for activities that require but lack resource consent. The Building Act 2004 requires compliance with district plan rules before building consent can be issued.
Option B: Apply for a resource consent for a restricted discretionary activity
While resource consent is needed, assuming it's a restricted discretionary activity is incorrect. Height breaches typically fall under discretionary activity classification, not restricted discretionary. The specific activity classification depends on the district plan provisions, but discretionary is more common for height breaches.
Option D: Redesign the house to comply with the height limit
While redesigning to comply would avoid resource consent requirements, the question asks what they need to do with their current 10-meter proposal. The client wants to build the two-story house as proposed, so the answer should address the consent pathway for their specific design rather than suggesting design changes.
Deep Analysis of This Resource Management Question
This question tests understanding of the Resource Management Act 1991 (RMA) hierarchy and the relationship between resource consents and building consents. When a proposed development breaches district plan rules, such as height restrictions, it triggers the need for resource consent before any building consent can be obtained. The RMA establishes a framework where district plans set permitted activity standards, and breaching these standards typically moves the activity into a higher classification requiring consent. Height breaches are commonly classified as discretionary activities, giving councils broad discretion to consider effects on neighbours, character, and amenity. This sequential process ensures environmental effects are assessed before construction approval is granted, reflecting the RMA's purpose of sustainable resource management.
Background Knowledge for Resource Management
The Resource Management Act 1991 establishes a hierarchy of activities: permitted, controlled, restricted discretionary, discretionary, and prohibited. District plans set rules defining these categories. When proposals breach permitted activity standards (like height limits), they require resource consent. The Building Act 2004 requires building consent for construction, but this cannot be granted without necessary resource consents. Height restrictions protect neighbourhood character, privacy, and sunlight access. The consent process involves public notification (depending on activity type), assessment of environmental effects, and council decision-making considering relevant planning objectives.
Memory Technique
Remember 'Resource before Construction' - like getting permission to have a party before buying the decorations. You need Resource Consent (the party permission) before Building Consent (buying decorations). If you breach district plan rules, you're asking for a bigger party than normally allowed, so you definitely need permission first.
When you see questions about breaching district plan standards, immediately think 'RC before BC' - Resource Consent must come before Building Consent. Look for the option that mentions both consents in the correct sequence.
Exam Tip for Resource Management
For district plan breaches, always look for the two-step process: resource consent first, then building consent. Height breaches typically require discretionary consent, not restricted discretionary. Eliminate options suggesting building consent alone or design changes when the question asks about the proposed development.
Real World Application in Resource Management
A real estate agent's clients purchase a section in a residential area and engage an architect to design their dream home. The architect creates a stunning two-story design that's 10 meters high, but the district plan allows only 8 meters. The agent must advise the clients they'll need resource consent first (likely costing $5,000-$15,000 and taking 3-6 months) before they can apply for building consent. This affects their timeline and budget significantly, demonstrating why agents need to understand planning requirements when advising clients on development potential.
Common Mistakes to Avoid on Resource Management Questions
- •Thinking building consent alone is sufficient for district plan breaches
- •Assuming all height breaches are restricted discretionary activities
- •Not understanding the sequential relationship between resource and building consents
Related Topics & Key Terms
Key Terms:
More Resource Management Questions
What is the primary purpose of the Resource Management Act 1991?
Which document would typically contain rules about building height restrictions and setback requirements?
What is required before starting construction of a new dwelling in New Zealand?
A LIM report will typically include information about which of the following?
Under the RMA, if a proposed activity is not specifically provided for in a district plan, what classification does it receive?
- → A property developer wants to subdivide rural land into residential sections. The district plan shows this area is zoned Rural. What type of resource consent would most likely be required?
- → What is the key difference between a building consent and a resource consent?
- → A homeowner receives a LIM report showing that previous resource consent was granted with ongoing conditions requiring annual monitoring reports. What does this mean for the new owner?
- → A commercial development requires both earthworks exceeding 500m³ and a new building over 10 meters high in a zone where the height limit is 8 meters. The district plan classifies earthworks as controlled activities and height exceedances as restricted discretionary activities. What consenting pathway is required?
- → Under the RMA, when can a territorial authority decline a controlled activity resource consent application?
- → A property owner receives a notice that their building work was undertaken without a building consent. What is this notice likely to be called?
- → What is the primary purpose of the Resource Management Act 1991?
- → Which document would you consult to determine the permitted activities for a specific zone in a territorial authority area?
- → Under the Building Act 2004, which type of building work typically requires a building consent?
- → What information would you typically find in a LIM report?
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