Decision following the hearing of an application for resource consents under the RMA

Page 86

a.

Deal with any significant adverse effect on the environment arising from the exercise of the consent that was not foreseen at the time that the application was considered;

b.

Consider the adequacy of conditions that prevent nuisance beyond the boundary of the site, particularly if complaints have been received on a frequent basis and have been validated by an enforcement officer;

c.

Consider developments in emission control technology and management practices that would enable the Best Practicable Option in reducing discharges to air; or

d.

To take into account any act of parliament, regulation, national policy statement or relevant regional plan that relates to limiting, recording or reducing emissions authorised by this consent.

Advice notes 1.

Any reference to number of days within this decision refers to working days as defined in s2 of the RMA.

2.

For more information on the resource consent process with Auckland Council see the council’s website www.aucklandcouncil.govt.nz. General information on resource consents, including making an application to vary or cancel consent conditions can be found on the Ministry for the Environment’s website: www.mfe.govt.nz.

3.

If you disagree with any of the above conditions, or disagree with the additional charges relating to the processing of the application, you have a right of objection pursuant to sections 357A or 357B of the Resource Management Act 1991. Any objection must be made in writing to the council within 15 working days of notification of the decision.

4.

The Consent Holder is responsible for obtaining all other necessary consents, permits, and licences, including those under the Building Act 2004, and the Heritage New Zealand Pouhere Taonga Act 2014. This consent does not remove the need to comply with all other applicable Acts (including the Property Law Act 2007 and the Health and Safety at Work Act 2015), regulations, relevant Bylaws, and rules of law. This consent does not constitute building consent approval. Please check whether a building consent is required under the Building Act 2004.

5.

The Consent Holder shall be advised that any works, structures (including groundanchors) or access required to facilitate the excavations/retaining/foundation construction both permanent and temporary on adjacent properties or land may require the written consent of the effected property owner to be submitted with building and/or resource consent application(s). For more advice the Consent Holder shall contact Auckland Council town planning and building control help desks.

6.

The Resource Consent Holder is advised that the date of the commencement of this consent will be as determined by Section 116 of the RMA, unless a later date is stated as a condition of consent. The provisions of Section 116 of the RMA are summarised in the covering letter issued with this consent.

7.

The Resource Consent Holder is advised that, pursuant to Section 126 of the RMA, if this resource consent has been exercised, but is not subsequently exercised for a continuous period of five years, the consent may be cancelled by the AC unless other criteria contained within Section 126 are met.

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